HomeMy WebLinkAboutCity Council - 02/02/2016 AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,FEBRUARY 2, 2016 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Dan Gregerson, and Recorder Lorene McWaters
Workshop-Heritage Room II(5:30 p.m.)
I. STATEWIDE MULTI-MODAL TRANSPORTATION AND HIGHWAY
INVESTMENT PLANS (Presentation by MNDOT)
Open Podium - Council Chamber(6:30 p.m.)
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 2, 2016 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City
Attorney Dan Gregerson and Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. COUNCIL FORUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. CUB SCOUT PACK 479 DONATION
B. LIONESS CLUB DONATION FOR STARING LAKE OUTDOOR
CENTER(Resolution)
C. LIONS TAP DONATION FOR 2016 SPECIAL EVENTS (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 19, 2016
B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 19, 2016
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION ACCEPTING THE FINDINGS OF FACT
REGARDING AN ORDINANCE GRANTING A CABLE FRANCHISE
FOR()WEST BROADBAND SERVICES,INC.,D/B/A CENTURYLINK
CITY COUNCIL AGENDA
February 2, 2016
Page 2
C. APPROVE SECOND READING OF AN ORDINANCE GRANTING CABLE
TELEVISION FRANCHISE TO CENTURY LINK AND ADOPT
RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE
D. ADOPT RESOLUTION AUTHORIZING CLEAN WATER FUND GRANT
AGREEMENT WITH THE METROPOLITAN COUNCIL FOR WATER
EFFICIENCY GRANT PROGRAM
E. APPROVE DELEGATION AGREEMENT WITH MN DEPARTMENT OF
NATURAL RESOURCES FOR AQUATIC INVASIVE SPECIES
PREVENTION AND INSPECTION OF WATER-RELATED EQUIPMENT
F. APPROVE CONTRACT WITH E.H. RENNER TO REHABILITATE
WELL 10
G. APPROVE CONTRACT WITH KEYS WELL DRILLING TO
REHABILITATE WELL 14
H. AWARD CONTRACT TO PREMIER ELECTRICAL CORPORATION
FOR REPLACEMENT OF VARIABLE FREQUENCY DRIVE (VFD)AT
WELL 12, CONTROL UPGRADE AT WELL 12, AND ELECTRICAL
WORK ASSOCIATED WITH MAG METER INSTALLATIONS AT
WELLS 10 AND 14
1. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL
ASSESSMENTS NO. 99-01 FOR SETTLERS RIDGE 3RD ADDITION
IX. PUBLIC HEARINGS/MEETINGS
A. M.O.S.S STORAGE BUILDING by City of Eden Prairie. Request for Site Plan
Review on 13.45 acres. Location: 9811 Flying Cloud Drive. (Resolution for Site
Plan Review)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL AGENDA
February 2, 2016
Page 3
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: February 2, 2016
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, February 2, 2016
TUESDAY,FEBRUARY 2, 2016 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. COLOR GUARD/PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the
first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If
you wish to speak at Open Podium, please contact the City Manager's office at
952.949.8412 by noon of the meeting date with your name,phone number and subject
matter. If time permits after scheduled speakers are finished, the Mayor will open the floor
to unscheduled speakers. Open Podium is not recorded or televised. If you have questions
about Open Podium,please contact the City Manager's Office.
IV. PROCLAMATIONS /PRESENTATIONS
A. CUB SCOUT PACK 479 DONATION
Synopsis: Representatives of the Cub Scout Pack will be on hand to
presentation the donation.
B. LIONESS CLUB DONATION FOR STARING LAKE OUTDOOR CENTER
(Resolution)
Synopsis: The Staring Lake Outdoor Center hosts classes and events for all ages,
including several programs designed specifically for preschool age children.
Currently the Outdoor Center is furnished with adult-sized tables and chairs. This
donation will allow the Outdoor Center programs to better serve the needs of small
children and provide a more comfortable learning environment for our youngest
learners.
MOTION: Move to adopt the Resolution accepting the donation in the
amount of $500 from the Eden Prairie Lioness Club for the purchase of
preschool chairs and table for the Staring Lake Outdoor Center.
C. LIONS TAP DONATION FOR 2016 SPECIAL EVENTS (Resolution)
Synopsis: Lions Tap gave $1,300 to be used to enhance the following programs:
■ $100 - Halloween on the Mall
ANNOTATED AGENDA
February 2, 2016
Page 2
• $100 - Animal Open House
• $100 - Arts in the Park
• $100 - A Collection of One Acts
• $100 - Staring Lake Concert Series
• $100 - Summer Musical
• $100 - Art Crawl
• $100 - 3rd and 4th of July
• $100 -Fall Harvest
• $100 - Kidstock
• $100 - Rock On Ice
• $100 - Spooky Saturday
• $100 - Winter Theatre
MOTION: Move to adopt the resolution accepting the donation in the
amount of $1,300 from Lions Tap to be used towards 2016 Special
Events.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 19, 2016
B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 19, 2016
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-I on the Consent Calendar.
A. CLERK'S LICENSE LIST
B. ADOPT RESOLUTION ACCEPTING THE FINDINGS OF FACT
REGARDING AN ORDINANCE GRANTING A CABLE FRANCHISE FOR
QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK
C. APPROVE SECOND READING OF AN ORDINANCE GRANTING CABLE
TELEVISION FRANCHISE TO CENTURY LINK AND ADOPT RESOLUTION
APPROVING PUBLICATION OF SUMMARY ORDINANCE
ANNOTATED AGENDA
February 2,2016
Page 3
D. ADOPT RESOLUTION AUTHORIZING CLEAN WATER FUND GRANT
AGREEMENT WITH THE METROPOLITAN COUNCIL FOR WATER
EFFICIENCY GRANT PROGRAM
E. APPROVE DELEGATION AGREEMENT WITH MN DEPARTMENT OF
NATURAL RESOURCES FOR AQUATIC INVASIVE SPECIES
PREVENTION AND INSPECTION OF WATER-RELATED EQUIPMENT
F. APPROVE CONTRACT WITH E.H. RENNER TO REHABILITATE WELL 10
G. APPROVE CONTRACT WITH KEYS WELL DRILLING TO
REHABILITATE WELL 14
H. AWARD CONTRACT TO PREMIER ELECTRICAL CORPORATION FOR
REPLACEMENT OF VARIABLE FREQUENCY DRIVE (VFD)AT WELL
12, CONTROL UPGRADE AT WELL 12,AND ELECTRICAL WORK
ASSOCIATED WITH MAG METER INSTALLATIONS AT WELLS 10
AND 14
I. APPROVE RELEASE OF AGREEMENT REGARDING SPECIAL
ASSESSMENTS NO. 99-01 FOR SETTLERS RIDGE 311:'ADDITION
IX. PUBLIC HEARINGS/MEETINGS
A. M.O.S.S STORAGE BUILDING by City of Eden Prairie. Request for Site Plan
Review on 13.45 acres. Location: 9811 Flying Cloud Drive. (Resolution for Site
Plan Review)
Official notice of this public hearing was published in the January 21, 2016,Eden
Prairie News and sent to 3 property owners.
Synopsis: The proposal includes construction of a single story 1st phase 9,600
gross square feet cold storage (unheated) equipment building for storage of off
season equipment. A 2nd phase will include a 1,408 square feet heated storage
space. Total building area is 11,008 square feet. No office space or employees will
be located at this site. The project as proposed meets or exceeds Performance
Standards for the Industrial I-Gen Zoning District. The proposed landscape plan
meets City Code requirements and will provide screening from the east and
southwest. No tree loss is proposed with this project. The site has no outdoor
storage or parking to screen.
In 2005 the City granted site plan approval to allow the construction of an 11,700
square foot sand/salt storage building. The Master Plan, approved in 2005, included
a future building for storage of off season equipment.
The 120-Day Review Period Expires on March 15, 2016. The Planning
Commission voted 6-0 to recommend approval of the project at the January 11,
2016 meeting. The Planning Commission reviewed a 12,884 square foot cold
ANNOTATED AGENDA
February 2, 2016
Page 4
storage (unheated) equipment storage building for storage of off season equipment.
Between Planning Commission and City Council the project has been scaled to
11,008 square feet. The exterior plan remains the same as reviewed by the Planning
Commission, only a smaller footprint.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Site Plan Approval on 13.45 acres
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVII. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations February 2, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B.
Jay Lotthammer, Director, Donation from Eden Prairie Lioness Club for
Parks and Recreation Preschool Chairs and Table for the Staring
Lake Outdoor Center
Requested Action
Move to: Adopt the Resolution accepting the donation in the amount of$500 from the Eden
Prairie Lioness Club for the purchase of preschool chairs and table for the Staring
Lake Outdoor Center.
Synopsis
The Staring Lake Outdoor Center hosts classes and events for all ages, including several
programs designed specifically for preschool age children. Currently the Outdoor Center is
furnished with adult-sized tables and chairs. This donation will allow the Outdoor Center
programs to better serve the needs of small children and provide a more comfortable learning
environment for our youngest learners.
Background
The Staring Lake Outdoor Center offers a wide range of activities in the areas of environmental
education and outdoor recreation for residents of all ages.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City in the amount of$500 to be used for the purchase of Preschool chairs and
table at the Outdoor Center from Eden Prairie Lioness Club is hereby recognized and
accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 2nd day of February, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Proclamations and Presentations February 2, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C.
Jay Lotthammer, Director, Donation from Lions Tap
Parks and Recreation
Requested Action
Move to: Adopt the resolution accepting the donation in the amount of$1,300 from Lions
Tap to be used towards 2016 Special Events.
Synopsis
Lions Tap gave $1,300 to be used to enhance the following programs:
$100 Halloween on the Mall
$100 Animal Open House
$100 Arts in the Park
$100 A Collection of One Acts
$100 Staring Lake Concert Series
$100 Summer Musical
$100 Art Crawl
$100 3rd and 4th of July
$100 Fall Harvest
$100 Kidstock
$100 Rock On Ice
$100 Spooky Saturday
$100 Winter Theatre
Background
These contributions make enhancements to programs, along with allowing several programs to
be available to the community that would not otherwise be possible.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT:
The gift to the City in the amount of $1,300 to be used for various Parks and Recreation
Special Events from Lions Tap is hereby recognized and accepted by the Eden Prairie City
Council.
ADOPTED by the City Council of the City of Eden Prairie this 2nd day of February, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
ITEM NO.: VI.A.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY,JANUARY 19, 2015 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Dan Gregerson, and Recorder Jan Curielli
Workshop-Heritage Room II
I. COMMISSION WORK PLANS
A. CONSERVATION COMMISSION
Conservation Commission Member Gina Gerard reviewed the commission's 2015
accomplishments and the work plan for 2016. In 2015 the commission provided input
for the guidance manual and metrics and for Step 4 of the MPCA's GreenStep Cities
program. They provided education on sustainable practices at several events and
developed a new educational display graphic teaching about water use. The
commission provided recommendations for the successor program to 20-40-15, and
will continue to provide support for that program in 2016. In 2016 the commission
will provide recommendations on key City initiatives such as the update to the
Comprehensive Guide Plan. They will promote expanded use of the Environmental
Learning Center at the water treatment facility and will provide additional input on
pollinator protection. They will continue to provide education and outreach at events
such as the Chamber Expo, Arbor Day and the City-wide Open House. They will be
developing additional educational materials and are planning a joint meeting with the
Parks and Recreation Commission.
Aho noted the average homeowner doesn't know how much water they are using and
asked if there is any way to see what their water usage is with an app or on a web
link. Ellis replied they have recently looked at utility rates and possibly providing
something like Xcel Energy does now in terms of use; however, the technology that
exists today would require about $3,000,000 of investment. Gerard noted the
Conservation Commission plans to continue raising awareness of water use and
conservation methods.
Nelson noted energy was not included in the commission's 2016 work plan. She
would like to see some educational material available to residents about what they are
allowed to do in terms of green energy technology. Tyra-Lukens suggested that
would be a factor in the 20-40-15 successor program. Getschow noted the Council
City Council Workshop Minutes
January 19, 2016
Page 2
will have a workshop next month to discuss the successor program. He said the 20-
40-15 program focused on conserving energy in City facilities while the new program
will provide ideas for community-wide conservation.
B. FLYING CLOUD AIRPORT ADVISORY COMMISSION
Flying Cloud Airport Advisory Commission Chair Keith Tschohl reviewed the
commission's 2015 activities and 2016 work plan. Tschohl said the commission's
goals for 2016 will include: monitoring developments in laws and regulations
regarding small Unmanned Aircraft Systems (UAS), or drones; visiting Flying Cloud
Airport to learn more about airport staff and operator concerns and ideas, especially
about reducing noise from airport operations; providing the Council with annual
comparisons of the number of operations and noise complaints; providing feedback to
the MAC Noise Program Office on revisions to the monthly noise complaint survey
as they prepare to use that summary as a prototype for all MAC reliever airports; and
monitoring development of the MAC's 2035 Long Term Comprehensive Plan
(LTCP) for Flying Cloud Airport. He said the commission heard from representatives
of MnDOT at the October meeting on the status of regulations regarding use of UAS.
The commission will be monitoring changes in those regulations and the implication
of regulations and UAS usage for Eden Prairie. During 2015 the commission
reviewed the implementation of the Letter of Agreement(LoA)between the FAA and
MAC to monitor the effectiveness of the LoA in reducing noise caused by helicopter
training operations. He noted noise complaints from those operations were
significantly reduced during the year. The commission also gave advice on
operational changes at the airport, including a national ban on Stage 2 jet aircraft,
continued hangar construction in the south hangar area, and reconstruction of
Taxiway A.
Case noted he had called in a noise complaint twice about repetitive helicopter
operations near his home and asked about the percentage of complaints related to
helicopter activity. Tschohl said he would have to get further statistics on helicopter
operations. He noted the airport is fairly limited in their ability to move traffic around,
and helicopter operations will probably remain on the north side of the airport.
Aho asked to what the reduction in complaints might be attributed. Tschohl said there
are many factors involved, but it could be due to a change in demographics, the
weather or the time of day.
Nelson said she noticed an increase in noise between 6:00 and 7:00 AM at least once
or twice during the month. She noted that many children received a quadcopter or
drone as a Christmas gift and will expect to fly them in their backyard. She asked
what the regulations are about those devices. Tschohl said the FAA calls all such
devices Unmanned Aircraft Systems and considers them to be aircraft whose
regulation is under their jurisdiction. A hobbyist using a UAS within five miles of
Flying Cloud airport is required to give the airport and the tower a call to let them
know of the activity. Nelson then asked about regulation of kites. Tschohl said there
is a separate regulation that addresses kites. He noted one of the problems with drones
is that it is an evolving matter. The FAA has stated that any UAS over 250 grams
City Council Workshop Minutes
January 19, 2016
Page 3
must be registered. The use of UAS for commercial purposes requires a waiver, but
that regulation is widely ignored by the industry. Nelson suggested we need to
provide education to people about the regulation of UAS because those are becoming
such a popular item.
Tyra-Lukens asked if the airport receives calls from people about UAS. Mike Wilson,
Airport Manager, said they must notify the airport and the control tower, and there
have been a couple of those calls.
Esbensen said we need to have a separate dialogue on the subject of UAS because
this is a big issue. There are some meetings scheduled in a couple of weeks, and staff
will be working on it during the year.
C. HERITAGE PRESERVATION COMMISSION
Heritage Preservation Commission Chair Steve Olson reviewed the commission's
2015 activities and 2016 work plan. He said 2015 was a record-breaking year for
grant receipts due to great work by Lori Creamer, Staff Liaison, to pursue those
grants. The Commission did inventory work on the historic resources in Eden Prairie
and plan to continue that work in 2016. The kiosk at Riley Lake Park was completed,
and the Commission worked with the Parks Commission to plan for additional panels
and signs at that location. They collaborated with the Parks Commission and MAC
regarding the overlook at the airport and a proposed historic district for some of the
airport hangars. The Dorenkemper property was declared a local historic site in 2015.
They plan to do research on the Town of Hennepin and Murphy's Landing ferry,
continue their work on the airport lookout site, and work on getting the Smith
Douglas More and the Dorenkemper properties on the National Register.
Tyra-Lukens noted they have many good ideas to use the grant money they obtain.
D. HUMAN RIGHTS & DIVERSITY COMMISSION
Human Rights & Diversity Commission Chair P.G. Narayanan reviewed the
commission's 2015 activities and 2016 work plan. During 2015 the commission
presented the Tracks in the Snow art exhibit about our Muslim neighbors, worked
with the Fire Department to initiate a Cultural Services Unit(CSU) for the CERT
program, sponsored a film on youth homelessness, worked on providing a formal
human rights grievance procedure on the website, and other initiatives. The work plan
for 2016 includes such items as elevating the visibility of the commission, increasing
the Commission's listening avenues, community collaborative events including
PeopleFest, and developing an advisory document to highlight the City's focus and
challenges in areas of human rights. The commission will be accepting nominations
for the annual Human Rights Awards soon.
Tyra-Lukens asked if the human rights grievance process is something new and if we
track the grievances. Patricia Fenrick, Staff Advisor, said it is not a new program and
the commission will put together a procedure so the information can be tracked.
Narayanan noted there have not been a large number of grievances.
City Council Workshop Minutes
January 19, 2016
Page 4
E. PARKS,RECREATION & NATURAL RESOURCES COMMISSION
Parks, Recreation&Natural Resources Commission Chair Larry Link reviewed the
commission's 2015 activities and 2016 work plan. He said Phase 1 of the Aquatics
and Fitness Center expansion project was completed during 2015. That facility has
become very busy with the two new pools and the expanded fitness center. They are
reviewing the Outdoor Center master plan to update that facility and to get more
visibility for the facility. A new program, Fitness in the Parks, was started in 2015
and was quite successful. In 2016 their plans include such things as monitoring
development of the Cedar Hills Park neighborhood park, reviewing plans for the
station design and public art for the Southwest Light Rail Transit station areas,
planning for the grand opening of Phase 2 of the Aquatics Center update, and helping
to launch the community Green Team.
F. PLANNING COMMISSION
Planning Commission Member Andrew Pieper reviewed the commission's 2015
activities and 2016 work plan. He said in 2015 the commission reviewed the plans for
the Shops at Southwest Station and the Eden Prairie Retail project, reviewed an
annexation request, reviewed ten land use development applications, provided input
on design standards for PUD and site plans, and reviewed and provided input to the
draft Transit Oriented Development ordinance and site improvements at Southwest
Station. He said they plan to build on the knowledge base for the commission during
2016 and to focus on code amendment, design standards and the Comprehensive
Guide Plan update.
Tyra-Lukens asked about plans to review the tree ordinance. Getschow replied that is
currently at the staff level. There is a workshop scheduled in the spring to take a look
at code for tree preservation and replacement.
Nelson commented she hoped staff is not recommending only native grasses for
landscaping plans because that would change the look of the City from the current
look with flowers and a variety of plantings.
Open Podium - Council Chamber
II. ADJOURNMENT
ITEM NO.: VI.B.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY,JANUARY 19, 2016 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad
Aho, Sherry Butcher Wickstrom, Ron Case, and
Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director
Robert Ellis, Community Development Director
Janet Jeremiah, Parks and Recreation Director Jay
Lotthammer, City Attorney Dan Gregerson, and
Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Butcher
Wickstrom was absent.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS/PRESENTATIONS
A. DR. MARTIN LUTHER KING,JR., PROCLAMATION
Mayor Tyra-Lukens read a proclamation proclaiming 2016 as a year to celebrate
human rights and diversity and to recognize and celebrate Dr. Martin Luther King
Jr.'s dream.
P.G. Narayanan, Chair of the Human Rights and Diversity Commission,
announced the start of the Human Rights award process for 2016. He reviewed
the purpose of the award and explained the process the commission will go
through to select the winners of the awards in the four categories. The awards will
be presented at the April City Council meeting.
B. EDEN PRAIRIE SMILES DONATION (RESOLUTION NO. 2016-16)
Lotthammer thanked Eden Prairie Smiles and Dr. Mesa for the donation of$5,000
to help fund some of the City's celebrations. He noted Eden Prairie Smiles has
made this donation for several years.
Tyra-Lukens thanked Dr. Mesa for his donations to our City's celebrations.
CITY COUNCIL MINUTES
January 19, 2016
Page 2
MOTION: Aho moved, seconded by Case, to adopt Resolution no. 2016-16
accepting the donation from Eden Prairie Smiles for$5,000 for Parks and
Recreation special events. Motion carried 4-0.
C. LIONESS CLUB DONATION (RESOLUTION NO. 2016-17)
Lotthammer said the Lioness Club has donated$600 for the purchase of new
sound equipment at the Eden Prairie Senior Center.
MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2016-17
accepting the donation in the amount of$600 from the Eden Prairie Lioness Club
for the purchase of new sound equipment at the Eden Prairie Senior Center.
Motion carried 4-0.
D. STATE FARM DONATION FROM GORDON WILLIAMS
(RESOLUTION NO. 2016-18)
Lotthammer said State Farm has again provided a donation of$500 in recognition
of Gordon Williams' volunteer service at the Eden Prairie Senior Center. The
donation will be used for the volunteer recognition lunch.
MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2016-18
accepting the donation in the amount of$500 from State Farm Companies
Foundation on behalf of Gordon Williams for his volunteer service at the Eden
Prairie Senior Center to be used toward the 2016 Senior Center volunteer
recognition event. Motion carried 4-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Aho moved, seconded by Nelson, to approve the agenda as published. Motion
carried 4-0.
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 5, 2016
MOTION: Case moved, seconded by Aho, to approve the minutes of the Council
workshop held Tuesday, January 5, 2016, as published. Motion carried 3-0-1,with
Nelson abstaining.
B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 5, 2016
MOTION: Case moved, seconded by Nelson, to approve the minutes of the City
Council meeting held Tuesday, January 5, 2016, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS
CITY COUNCIL MINUTES
January 19, 2016
Page 3
VIII. CONSENT CALENDAR
A. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WELSH
ARCHITECTURE FOR THE PRELIMINARY POLICE SPACE STUDY
B. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH KLM
ENGINEERING, INC., FOR PROJECT ADMINISTRATION FOR
RECOATING OF TOWN CENTER WATER TOWER
C. APPROVE FIRST AMENDMENT TO COOPERATIVE AGREEMENT
WITH THE CITY OF EDINA RELATING TO WATER, SANITARY AND
STORM SEWER, STREET AND TRAFFIC SIGNALS
D. ADOPT RESOLUTION NO. 2016-19 AMENDING RESOLUTION NO.
2016-09 SETTING 2016 MEETING DATES FOR BOARDS AND
COMMISSIONS
E. APPROVING 511 RESTATED JOINT POWERS AGREEMENT OF
SOUTHWEST TRANSIT COMMISSION
F. APPOINT REPRESENTATIVE AND ALTERNATE TO LOGIS BOARD
OF DIRECTORS
G. APPROVE SPRINT LICENSE AGREEMENT EXTENSION LETTER
MOTION: Nelson moved, seconded by Aho, to approve Items A-G on the
Consent Calendar. Motion carried 4-0.
IX. PUBLIC HEARINGS/MEETINGS
A. KAL POINT by Kal Stay, LLC.Request for Guide Plan change from
Neighborhood Commercial to Community Commercial on 2.98 acres; Planned Unit
Development concept review on 2.98 acres; Planned Unit Development District
review with waivers on 2.98 acres; Zoning District change from Neighborhood
Commercial to Community Commercial on 2.98 acres; Site Plan review on 2.98
acres and Preliminary Plat of three lots into two lots on 2.98 acres. Location:
13105, 13075 & 13045 Pioneer Trail. (Resolution No. 2016-20 for Guide Plan
Change; Resolution No. 2016-21 for PUD Concept review; Ordinance for PUD
District Review with waivers and Zoning District Change; Resolution No.
2016-22 for Preliminary Plat)
Getschow said the proposed project is for the construction of a 20,000 square foot
grocery building with a drive through, and a multi-tenant retail building of
approximately 4,200 square feet. The proposal includes the removal of the
existing structures and redeveloping the existing 3 parcels into 2 parcels with
shared parking facilities. The proponent is seeking rezoning from Neighborhood
Commercial to Community Commercial, as well as PUD waivers to the parking
setback along the common property line and for Floor Area Ratio (FAR) and Base
CITY COUNCIL MINUTES
January 19, 2016
Page 4
Area Ratio (BAR) for Lot 2. He said the Planning Commission unanimously
recommended approval of the project.
Kalyan Vempaty, proponent, gave an overview of the two-phase project. The first
phase will be a neighborhood grocery store with a drive through. The second
phase will be a 4200 square foot multi-retail building to be developed sometime
after Phase 1 is complete.
Tyra-Lukens asked if the project has a name. Mr. Vempaty said for now it will be
called Kal Point. Tyra-Lukens noted she did not see signage addressed in the
information provided. Jeremiah said we do not require signage to be approved
with the PUD,but will come back for approval of signage at a later date.
Tyra-Lukens noted the project will be done in two phases and will be re-platted to
two lots. She asked what would happen if we approve a setback waiver for
parking and the second lot is subsequently sold to someone else. Jeremiah said the
waiver for the setback would remain in place so the new user would have to
understand the parking would be that close to the building.
Tyra-Lukens asked if they had a model for the drive-through for meats. Mr.
Vempaty said they expect two types of customers for their meat selection: one
type being retailers who order online and pick up at the drive through and another
type who use an app to order and then drive up for the meat.
Case noted the drive-through traffic seems to compete with the truck delivery
traffic because it is the same road going around the building. Mr. Vempaty said
there is a gap between the two, and most delivery times will occur in the early
morning.
Case asked staff to address the fact that this building has a 35-foot setback from the
east side of the property. Jeremiah replied the property on the east is an older
building and is more of an industrial warehouse facility so it may not be adhering to
the setback requirements. She noted that building has been there for a while, so it
probably does not conform to many of our current standards. Case commented there
is 50-60 feet separating the two buildings, and we typically do not have buildings
with this kind of corridor feeling. Jeremiah said there would be visibility of the area
from Pioneer Trail so it is not really that hidden.
Case asked if we typically are not concerned about the backs of buildings and if this
is consistent with the back side of many of our larger box buildings. Jeremiah said it
is typical that there would be much less articulation on the back side of a building.
Aho noted the back will face the other buildings.
Nelson said this is another case where we have two street fronts, and we still have
not developed a policy to deal with that situation. She thought this needs to be
addressed in the next couple of years.
There were no comments from the audience.
CITY COUNCIL MINUTES
January 19, 2016
Page 5
MOTION: Case moved, seconded by Nelson, to close the public hearing. Motion
carried 4-0.
Tyra-Lukens commented this particular parcel has a number of residences across
from it on the north side, including single family homes and a senior residence.
She asked staff to address the lighting proposed for the project. Jeremiah said staff
will check to be sure there is no lighting spill over; however, our ordinances
control lighting and require the source of lighting to be covered.
Case noted the City has been consistent on color variations, and we have some
flexibility to ensure that this is as beautiful as it can be. He wanted to make sure
staff has looked at this to dress it up and make it sharper. He thought this corner
location needs help and this would be a start. Jeremiah said there have been quite
a few discussions with the proponent and the architect. Staff and the Planning
Commission felt the level of articulation is above the code requirements and is
consistent with Council discussions on architectural standards. The proponent has
been working with staff to improve the plans, and that has added to the cost. She
said staff is comfortable that they have done what we think is reasonable and
believes this will be a big improvement for that corner.
Nelson asked if there is a landscaping plan. Jeremiah said there is. Case noted the
last page of the black and white landscaping diagram shows even more variation
than the color diagram does. He said there appear to be changes in the brick color
on the black and white diagram that provide change across the facade and asked
staff to look at this again for something that would enhance the look. Jeremiah
said there are two different shades of brown on the face brick with horizontal
banding.
MOTION: Case moved, seconded by Aho, to adopt Resolution No. 2016-20 for
Guide Plan change from Neighborhood Commercial to Community Commercial
on 2.98 acres; to adopt Resolution No. 2016-21 for Planned Unit Development
concept review on 2.98 acres; to approve 1st reading of the ordinance for Planned
Unit Development District review with waivers, and Zoning District change from
Neighborhood Commercial to Community Commercial 2.98 acres; to adopt
Resolution No. 2016-22 for Preliminary Plat for 3 lots into 2 lots on 2.98 acres;
and to direct staff to prepare a development agreement incorporating staff and
commission recommendations and Council conditions as expressed this evening.
Motion carried 4-0.
B. COMPETITIVE FRANCHISE AGREEMENT WITH QWEST
BROADBAND SERVICES,INC.D/B/A CENTURY LINK (FIRST
READING OF ORDINANCE)
Getschow said the purpose of this public hearing is to consider a cable franchise
agreement with Century Link. The Southwest Suburban Cable Commission voted to
recommend all of the member cities approve a franchise with Century Link.
CITY COUNCIL MINUTES
January 19, 2016
Page 6
Brian Grogan, Administrator and Legal Counsel of Southwest Suburban Cable
Commission, said the Federal Cable Act was designed to promote competition to
cable companies. He noted Eden Prairie renewed the Comcast Cable franchise in
2012, and Century Link used that agreement in order to be as nearly identical to that
as possible in their negotiations. He reviewed the sequence of events in the
negotiations. He noted Century Link uses the term, "living units,"versus Comcast's
term, "households."The proposed franchise agreement would have a five-year term
with a unilateral right for the City to extend the agreement for five years. The five-
year term is tied in large part to the system build out and allows the City to
determine if the franchise is substantially constructed.
Mr. Grogan reviewed the terms of the build out, which include providing service to
at least 15% of the City's living units in the first two years. He noted they are
already substantially in excess of that, and the progress of the build out will be
verified at quarterly meetings with updated maps to show where the service can be
provided. They will continue the build out in 15% increments based on market
success until the entire City is served. He demonstrated the mosaic channel that will
be provided and noted Eden Prairie will be located on Channel 26. Each city in the
Southwest Suburban Cable Commission will have its own Public and Educational
channel and Government (PEG) channel. There will be a direct fiber connection to
Edina and to the Eden Prairie City Hall. The PEG fees will be the same as those of
Comcast. They will provide extra indemnification in the event the City is
challenged for awarding the franchise.
Aho asked if the Century Link franchise offers any other benefits to the City
beyond those Mr. Grogan outlined in his presentation. Mr. Grogan said Century
Link currently has wires in the City streets so there will be less disruption, and it
will offer a competitive choice for broadband service so the effect should be to
improve service and bring down costs.
Tyra-Lukens asked if this provides internet service. Mr. Grogan said this contract is
just for cable TV; however, other service offers are available.
Aho asked if the service provided is called"cable" or"channelized video." Mr.
Grogan noted they use the term"cable TV,"but the statutes don't always keep up
with technology.
Tyra-Lukens asked when construction would begin if this is approved. Mr. Grogan
said they are using existing facilities, and there are a substantial number of Eden
Prairie residents who could call and request the service on the day the franchise
becomes effective. There will be further construction to make the service available
to more Eden Prairie residents as fiber is extended into other neighborhoods.
Aho asked if this will be delivered over DSL. Mr. Grogan said those with 25 meg
download or better can select Century Link service. Aho asked if it requires that
fiber be delivered to the household. Mr. Grogan said that varies by jurisdiction but
that is not required.
CITY COUNCIL MINUTES
January 19, 2016
Page 7
Tyra-Lukens said she was excited about introducing competition in the market. She
was concerned about the issue of constant digging up of our right of ways and then
not having the conditions restored or maintained afterwards. She hoped there would
be some way to keep on that situation in some orderly way. Mr. Grogan noted Mr.
Getschow raised that issue in the negotiations. He said they try to have the cable
franchise not serve as an exception to the rules the City puts in place for right of
ways.
Patrick Haggerty, representing Century Link, noted Century Link is very excited to
have this franchise effective, and he extended gratitude to the Southwest Suburban
Cable Commission for their time.
Aho said we are looking forward to having another provider in the City and to
having more service for our residents.
(taken out of sequence) MOTION: Aho moved, seconded by Nelson, to approve
first reading of an ordinance granting a cable television franchise to Century Link.
Motion carried 4-0.
MOTION: Case moved, seconded by Aho, to close the public hearing. Motion
carried 4-0.
C. VACATION OF PART OF THE SLOPE EASEMENT (FLYING CLOUD
DRIVE -METCOM) (RESOLUTION NO. 2016-23)
Getschow said the owners of the Park Nicollet Clinic requested the vacation of a
part of the slope easement over a portion of the Clinic lot to accommodate an
addition to their existing building. He said the easement has been in place since
1976 and the City does not need it any more.
Tyra-Lukens recalled a few years ago seniors were talking about the difficulty of
going down the trail from Summit Place to the Park Nicollet facility. We had
hoped Park Nicollet would address that situation but it has not yet been addressed.
She asked if that has been discussed in any way during this process. Ellis said
staff has worked with the Parks Department on the issue of having some facility
built on the south side to allow access to the building. The City is also working on
a trail connection between Medcom Blvd and Franlo Road.
There were no comments from the audience.
MOTION: Aho moved, seconded by Case, to close the public hearing. Motion
carried 4-0.
MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2016-23
vacating a part of the slope easement, as dedicated on Torrens Document 1208598
dated December 6, 1976 and recorded on February 8, 1977 with the Hennepin
County Registrar of Titles, lying over a part of Tract A, Registered Land Survey
No. 1394, Hennepin County, Minnesota. Motion carried 4-0.
CITY COUNCIL MINUTES
January 19, 2016
Page 8
X. PAYMENT OF CLAIMS
MOTION: Case moved, seconded by Aho, to approve the payment of claims as submitted.
Motion was approved on a roll call vote,with Aho, Case, Nelson and Tyra-Lukens
voting "aye."
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS AND COMMUNICATIONS
XIII. APPOINTMENTS
A. BOARD OF APPEAL & EQUALIZATION
Getschow noted most of the appointments for the year were handled at the first
Council meeting in January; however, we now need to appoint members to the
Board of Appeal &Equalization. He said since 1992 Eden Prairie has appointed
citizen volunteers in the City who have experience in the real estate market to this
board, and all of the proposed members have extensive knowledge of the southwest
metro area.
MOTION: Case moved, seconded by Nelson, to appoint to the Board of Appeal
and Equalization: Lyndon Moquist, Annette O'Connor, Todd L. Walker,Nate
Thompson and Kristin Rial for the period of March 1, 2016 through May 31,
2016, or until the Board of Appeal and Equalization completes its work. Motion
carried 4-0.
Case noted the absence of Patricia Pidcock from this year's appointees and gave a
call out to her for her many years of service to the City.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
CITY COUNCIL MINUTES
January 19, 2016
Page 9
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Nelson moved, seconded by Case, to adjourn the meeting. Motion carried 4-0.
Mayor Tyra-Lukens adjourned the meeting at 8:00 PM.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 2, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A.
Christy Weigel, Clerk's License Application List
Police/ Support Unit
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action
Motion: Approve the licenses listed below
2016 Renewal Licenses
Private Kennel
John McDaniels
Kathy Meyer
Frank& Lyndy Newcomb
Nancy Parker
- 1 -
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 2, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B.
Adopt Resolution Accepting Findings of Fact
City Manager, Rick Getschow Regarding an Ordinance Granting Cable Franchise
For Qwest Broadband Services, Inc., D/B/A
Centurylink
Requested Action:
Move to: Adopt Resolution accepting The Findings of Fact regarding an Ordinance granting a
cable franchise for Qwest Broadband Services, Inc., D/B/A Centurylink.
Synopsis:
The City Council approved the first reading of an Ordinance granting a Cable TV Franchise to
Century Link at its January 19th meeting.
Eden Prairie is a member of the Southwest Cable Commission, along with Edina, Richfield,
Minnetonka, and Hopkins. The Commission exists to advise its member cities on cable television
matters. The Commission considered the CenturyLink request earlier this year. They voted
unanimously at their October 22 Board meeting to recommend its member cities approve the
CenturyLink franchise request.
Attachment:
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
REGARDING AN ORDINANCE GRANTING A COMPETITIVE
CABLE FRANCHISE FOR QWEST BROADBAND SERVICES, INC.,
D/B/A CENTURYLINK
WHEREAS, the City of Eden Prairie, Minnesota makes the following FINDINGS OF
FACT:
1. In October 2014, Qwest Broadband Services, Inc., d/b/a CenturyLink, Inc.
("CenturyLink") requested that the City of Eden Prairie, Minnesota ("City") initiate
proceedings to consider awarding it a franchise to provide cable communications services
in the City("Service Territory").
2. Comcast of Arkansas/Florida/Louisiana/Minnesota/Mississippi/Tennessee, Inc.
("Comcast") holds a non-exclusive cable communications franchise for the Service
Territory("Comcast Franchise").
3. The Comcast Franchise, which the City last renewed in August 2012, is currently the
only cable communications franchise for the Service Territory.
4. The monopoly held by a sole cable communication provider in a particular market is a
barrier to entry for additional providers, which does not have a captive market but must
instead"win" every subscriber.1
5. The presence of a second cable operator in a market improves the quality of service
offerings and drives down prices by approximately 15%.2
6. On April 9 and April 16, 2015, the City published a Notice of Intent to Franchise a Cable
Communications System ("Notice") in the Eden Prairie News, a newspaper of general
circulation in the Service Territory.
7. The Notice indicated that the City was soliciting franchise applications and provided
information regarding the application process, including that applications were required
to be submitted on or before April 30, 2015 and that a public hearing to hear proposals
from applicants would be held May 5, 2015 at 7:00 PM.
8. The City also mailed copies of the Notice and application materials to CenturyLink and
Comcast.3
1 In the Matter of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable
Television Consumer Protection and Competition Act of 1992, Report and Order and Further Notice of Proposed
Rulemaking,MB Docket No. 05-311,at¶ 138 (Rel.Mar. 5,2007)("621 Order").
2 Id. at 11112,50.
1
9. On April 30, 2015, the City received an application from CenturyLink (the "CenturyLink
Application"). The City did not receive any other applications.
10. As provided by the Notice, on May 5, 2015 the City held a public hearing during the City
Council's regularly scheduled meeting to consider CenturyLink's application and
qualifications.
11. On May 4, 2015, Comcast submitted a letter to the City setting forth its position
regarding the CenturyLink Application("Comcast Letter").4
12. The Comcast Letter expresses concern about how CenturyLink's proposal compared to
particular provisions of the existing Comcast Franchise.5
13. The Comcast Letter also summarizes Comcast's position regarding build-out
requirements and other proposed terms related to competition in the cable industry.6
14. During the hearing, CenturyLink presented its proposal and all other interested parties
were provided an opportunity to speak and present information to the City Council
regarding the CenturyLink Application.
15. Following the hearing, the law firm of Moss & Barnett, a Professional Association
prepared a report, dated June 1, 2015 ("Franchise Report"), reviewing and analyzing the
City's franchising procedures, the CenturyLink Application and other information
provided by CenturyLink in connection with the May 5, 2015 public hearing.
16. The Franchise Report identifies and discusses federal and state legal requirements
relevant to the City's consideration of the CenturyLink Application, including laws
pertaining to franchising procedures and competition between providers.8
17. The Franchise Report also analyzes information provided by CenturyLink to establish its
qualifications to operate a cable communications franchise in the Service Territory.9
18. At its meeting on October 28, 2015, the Southwest Suburban Cable Commission
("Commission") considered the Franchise Report along with the information and
documentation it had received regarding the CenturyLink Application, and adopted
Resolution 2015-1 finding and concluding that the CenturyLink Application complied
with the requirements of Minn. Stat. § 238.081 and that CenturyLink is legally,
3 Notice by the City of Eden Prairie,Minnesota of Its Intent to Consider An Application for a Franchise and Request
for Proposals-Official Application Form
4See May 4, 2015 letter from Emmett Coleman to Brian Grogan, Franchise Administrator of the Southwest
Suburban Cable Commission regarding CenturyLink Video Franchise Application.
5 Id. at 2.
6 Id. at 1-2.
Report to the Southwest Suburban Cable Commission Regarding Qwest Broadband Services, Inc. d/b/a/
CenturyLink—Proposal for a Cable Communication Franchise,June 1,2015.
8 Franchise Report at 2-9.
9 Id. at 11-12.
2
technically, and financially qualified to operate a cable communications system within
the Service Territory.
19. In Minnesota, both State and federal law govern the terms and conditions of an additional
cable communications franchise in an already-franchised service area.10
20. The franchising authority may not grant an exclusive franchise or unreasonably refuse to
award an additional competitive franchise.11
21. The franchising authority must allow an applicant reasonable time to become capable of
providing cable service to all households in the service area.12
22. The franchising authority may grant an additional franchise in an already-franchised
service area if the terms and conditions of the additional franchise are not "more
favorable or less burdensome than those in the existing franchise" regarding the area
served, the PEG access requirements, and franchise fees."
23. The additional franchise must also include, among other things, "a schedule showing . . .
that the construction throughout the authorized franchise area must be substantially
completed within five years of the granting of the franchise.""4
24. In order to ensure that any additional franchise granted to CenturyLink would contain
substantially similar service area, PEG access requirements, and franchise fees to the
Comcast Franchise, the City used the Comcast Franchise as the base document for its
negotiations.
25. On January 19, 2016, the City Council gave notice that it intended to introduce an
ordinance granting a cable communications franchise to CenturyLink.
26. On January 19, 2016, the City Council introduced Ordinance No. 3-2016, an Ordinance
of the City of Eden Prairie Granting a Cable Communications Franchise to Qwest
Broadband Services, Inc. d/b/a CenturyLink("CenturyLink Franchise").
27. Copies of the CenturyLink Franchise were made available to the public, including
Comcast, on January 19, 2016.
28. The CenturyLink Franchise encompasses the same Service Territory encompassed by the
Comcast Franchise.15
10 See 47 U.S.C. § 541(a)(1);Minn. Stat. §§238.08, .084;see also Franchise Report at 2-8.
11 47 U.S.C. § 541(a)(1).
12 47 U.S.C. § 541(a)(4).
13 Minn. Stat. §238.08,subd. 1(b).
14 Minn. Stat. §238.84,subd. 1(m).
15 CenturyLink Franchise § 2.4;Comcast Franchise § 2.4.
3
29. The franchise fees required by the CenturyLink Franchise are identical to those required
by the Comcast Franchise. 16
30. The PEG access requirements in the CenturyLink Franchise mandate certain obligations,
such as HD channel capacity for all PEG channels that go beyond the commitments made
in the Comcast franchise.17
31. The City recognizes that CenturyLink, which currently offers no cable communications
services in the Service Territory, cannot justify a large initial deployment because it
"realistically cannot count on acquiring a share of the market similar to Comcast's share .
. . [and] must begin offering service within a smaller area to determine whether it can
reasonably ensure a return on its investment before expanding."18
32. The CenturyLink Franchise therefore requires CenturyLink's initial deployment to be
capable of serving at least 15% of the living units in the Service Territory within two
years.
33. The CenturyLink Franchise permits the City to monitor CenturyLink's progress and
compliance with build-out requirements via quarterly meeting and accelerates the build-
out schedule if CenturyLink has market success, with the goal and expectation that build-
out will be substantially complete before the CenturyLink Franchise's five-year term
expires.19
34. During its regularly scheduled meeting on January 19, 2016, the City Council will hold a
public hearing at which all interested parties are provided an opportunity to speak and
present information regarding the proposed CenturyLink Franchise.
WHEREAS, the City has considered these facts and the cable-related needs and interests
of the community:
NOW THEREFORE, the City Council for the City of Eden Prairie, Minnesota hereby
resolves as follows:
1. The foregoing findings are adopted as the official findings of the City Council and made
a part of the official record.
2. The City has authority to adopt an ordinance granting a cable communications franchise
to CenturyLink for the Service Territory.
3. The City may not unreasonably refuse to award a competitive cable communications
franchise to CenturyLink.
16 CenturyLink Franchise§ 16.1;Comcast Franchise§ 16.1.
17 CenturyLink Franchise§ 7;Comcast Franchise § 7.
18 621 Order at¶35.
19 CenturyLink Franchise §2.6.
4
4. The City and its residents will benefit from adoption of the CenturyLink Franchise, which
will introduce facilities-based competition into the cable communications market in the
Service Territory and thereby reduce costs to consumers and increase the quality and
availability of services.
5. CenturyLink is legally, technically, and financially qualified to operate a cable
communications system in the Service Territory and has complied with all application
requirements.
6. The City has complied with all franchise application requirements imposed by State and
federal law, including those identified herein or in the Franchise Report.
7. The terms and conditions of the CenturyLink Franchise pertaining to service area, a PEG
access requirement, and franchise fees are not more favorable or less burdensome than
the corollary terms of the Comcast Franchise.
8. The CenturyLink Franchise's initial deployment requirement of 15% within two years
and 5-year timeline for substantially completing build-out provides a reasonable period of
time for CenturyLink to become capable of reaching full deployment and is therefore
consistent with both State and federal law.
9. The Ordinance Granting a Cable Communications Franchise for Qwest Broadband
Services, Inc., d/b/a CenturyLink is formally and finally adopted.
10. The City finds and concludes that its actions are appropriate, reasonable, and consistent
in all respects with the mandates set forth in Chapter 238 of Minnesota Statutes and
applicable provisions of federal law, including 47 U.S.C. § 541(a).
ADOPTED by the Eden Prairie City Council on February 2, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
5
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 2, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C.
City Manager, Rick Getschow Second Reading of an Ordinance Granting A
Cable TV Franchise to CenturyLink
Requested Action:
Move to: Approve second reading of an ordinance granting a cable television franchise to
Century Link and adopt resolution approving publication of summary ordinance.
Synopsis:
The City Council approved the first reading of the Ordinance granting a Cable TV Franchise to
Century Link at its January 19th meeting. Brian Grogan, legal counsel and administrator of the
SW Cable Commission,presented the franchise request and advised the Council on the matter
during the Public Hearing.
Attachments:
• Franchise Ordinance
• Summary Resolution
• Summary Ordinance
City of Eden Prairie, Minnesota
Ordinance No. 3-2016 Granting a Cable Television Franchise
to
Qwest Broadband Services, Inc. d/b/a CenturyLink
January 19, 2016
Prepared by:
BRIAN T. GROGAN, ESQ.
Moss & Barnett
A Professional Association
150 South Fifth Street, Suite 1200
Minneapolis, MN 55402
(612) 877-5340
3056782v1
TABLE OF CONTENTS
SECTION 1 DEFINITIONS 1
SECTION 2 FRANCHISE 5
SECTION 3 OPERATION IN STREETS AND RIGHTS-OF-WAY 12
SECTION 4 REMOVAL OR ABANDONMENT OF SYSTEM 15
SECTION 5 SYSTEM DESIGN AND CAPACITY 17
SECTION 6 PROGRAMMING AND SERVICES 20
SECTION 7 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS 21
SECTION 8 REGULATORY PROVISIONS 29
SECTION 9 BOND 30
SECTION 10 SECURITY FUND 30
SECTION 11 DEFAULT 33
SECTION 12 FORECLOSURE AND RECEIVERSHIP 35
SECTION 13 REPORTING REQUIREMENTS 36
SECTION 14 CUSTOMER SERVICE POLICIES 37
SECTION 15 SUBSCRIBER PRACTICES 43
SECTION 16 COMPENSATION AND FINANCIAL PROVISIONS 44
SECTION 17 MISCELLANEOUS PROVISIONS 47
EXHIBIT A FREE CABLE SERVICE TO PUBLIC BUILDINGS A-1
EXHIBIT B FRANCHISE FEE PAYMENT WORKSHEET B-1
EXHIBIT C INDEMNITY AGREEMENT C-1
3056782v1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 3-2016
AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES,
INC.,D/B/A CENTURYLINK TO OPERATE AND MAINTAIN A CABLE SYSTEM
AND PROVIDE CABLE SERVICES IN THE CITY OF EDEN PRAIRIE; SETTING
FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE;
PROVIDING FOR CITY REGULATION AND ADMINISTRATION OF THE CABLE
SYSTEM AND CABLE SERVICES.
RECITALS
The City of Eden Prairie, Minnesota("City")pursuant to applicable federal and state law
is authorized to grant one or more nonexclusive cable television franchises to construct, operate,
maintain and reconstruct cable television systems within the City limits.
Qwest Broadband Services, Inc., d/b/a CenturyLink("Grantee") seeks a competitive
cable television franchise with the City.
Negotiations between Grantee and the City have been completed in accordance with the
guidelines established by the City Code, Minnesota Statutes Chapter 238 and the Cable Act(47
U.S.C. Section 546).
The City reviewed the legal, technical and financial qualifications of Grantee and, after a
properly noticed public hearing, determined that it is in the best interest of the City and its
residents to grant this competitive cable television franchise to Grantee.
NOW, THEREFORE, THE CITY OF EDEN PRAIRIE DOES ORDAIN that a
franchise is hereby granted to Qwest Broadband Services, Inc. to operate and maintain a Cable
System and provide Cable Services in the City upon the following terms and conditions:
SECTION 1
DEFINITIONS
For the purpose of this Franchise, the following, terms, phrases, words, derivations and
their derivations shall have the meanings given herein. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number include the
singular number and words in the singular number include the plural number. In the event the
meaning of any word or phrase not defined herein is uncertain, the definitions contained in
applicable local, State or Federal law shall apply.
"Access Channels"means any channel or portion of a channel utilized for public,
educational or governmental programming.
1
3056782v1
"Affiliate" shall mean any Person controlling, controlled by or under common control of
Grantee.
"Applicable Laws"means any law, statute, charter, ordinance, rule, regulation, code,
license, certificate, franchise,permit, writ, ruling, award, executive order, directive, requirement,
injunction(whether temporary, preliminary or permanent),judgment, decree or other order
issued, executed, entered or deemed applicable to Grantee by any governmental authority of
competent jurisdiction.
"Basic Cable Service"means any service tier which includes the lawful retransmission of
local television broadcast and shall include the public, educational and governmental access
channels. Basic Cable Service as defined herein shall be the definition set forth in 47 U.S.C. §
522(3).
"Cable Act"means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et
seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as
further amended by the Telecommunications Act of 1996, as further amended from time to time.
"Cable Service" shall mean (a) the one-way transmission to Subscribers of(i) Video
Programming or(ii) Other Programming Service, and b) Subscriber interaction, if any, which is
required for the selection or use of such video programming or other programming service. For
the purposes of this definition, "video programming" is programming provided by, or generally
considered comparable to programming provided by a television broadcast station; and, "other
programming service" is information that a cable operator makes available to all Subscribers
generally.
"Cable System" or"System" shall have the meaning specified for"Cable System"in the
Cable Act. Unless otherwise specified, it shall in this document refer to the Cable System
utilized by the Grantee in the City under this Franchise.
"Channel"means a portion of the electromagnetic frequency spectrum which is used in a
Cable System and which is capable of delivering a television channel as defined by the FCC by
regulation.
"City" shall mean the City of Eden Prairie, a municipal corporation in the State of
Minnesota.
"City Code"means the Municipal Code of the City of Eden Prairie, Minnesota, as may
be amended from time to time.
"Commission"means the Southwest Suburban Cable Communications Commission
consisting of the cities of Edina, Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota.
"Connection"means the attachment of the Drop to the television set or Set Top Box of
the Subscriber.
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"Council" shall mean the governing body of the City.
"Day"unless otherwise specified shall mean a calendar day.
"Drop" shall mean the cable that connects the Subscriber terminal to the nearest feeder
cable of the cable.
"Effective Date" shall mean February 11, 2016.
"Expanded Basic Service"means all Subscriber services other than Basic Cable Service
provided by the Grantee covered by a regular monthly charge, but not including optional
programming offered on a pay-per-channel or pay-per-view basis.
"FCC"means the Federal Communications Commission, or a designated representative.
"Franchise" shall mean the right granted by this Ordinance and conditioned as set forth
herein.
"Franchise Area"means the entire geographic area within the City as it is now
constituted or may in the future be constituted.
"Franchise Fee" shall mean the fee assessed by the City to Grantee, in consideration of
Grantee's right to operate the Cable System within the City's Streets and rights of way,
determined in amount as a percentage of Grantee's Gross Revenues and limited to the maximum
percentage allowed for such assessment by federal law. The term Franchise Fee does not include
the exceptions noted in 47 U.S.C. §542(g)(2)(A-E).
"GAAP"means generally accepted accounting principles 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").
"Grantee"means Qwest Broadband Services, Inc., d/b/a CenturyLink.
"Gross Revenues"means any and all compensation in whatever form, from any source,
directly or indirectly earned by Grantee or any Affiliate of Grantee or any other Person who
would constitute a cable operator of the Cable System under the Cable Act, derived from the
operation of the Cable System to provide Cable Service within the City. Gross Revenues include,
by way of illustration and not limitation, monthly fees charged Subscribers for Cable Services
including Basic Cable Service, any expanded tiers of Cable Service, optional premium or digital
services; pay-per-view services; Pay Services, installation, disconnection, reconnection and
change-in-service fees, Leased Access Channel fees, all Cable Service lease payments from the
Cable System to provide Cable Services in the City, late fees and administrative fees, payments
or other consideration received by Grantee from programmers for carriage of programming on
the Cable System and accounted for as revenue under GAAP; revenues from rentals or sales of
Set Top Boxes or other Cable System equipment; advertising sales revenues booked in
accordance with Applicable Law and GAAP; revenues from program guides and electronic
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guides, additional outlet fees, Franchise Fees required by this Franchise, revenue from
Interactive Services to the extent they are considered Cable Services under Applicable Law;
revenue from the sale or carriage of other Cable Services, revenues from home shopping and
other revenue-sharing arrangements. Copyright fees or other license fees paid by Grantee shall
not be subtracted from Gross Revenues for purposes of calculating Franchise Fees. Gross
Revenues shall include revenue received by any entity other than Grantee where necessary to
prevent evasion or avoidance of the obligation under this Franchise to pay the Franchise Fees.
Gross Revenues shall not include any taxes on services furnished by Grantee, which taxes
are imposed directly on a Subscriber or user by a city, county, state or other governmental unit,
and collected by Grantee for such entity. The Franchise Fee is not such a tax. Gross Revenues
shall not include amounts which cannot be collected by Grantee and are identified as bad debt;
provided that if amounts previously representing bad debt are collected, then those amounts shall
be included in Gross Revenues for the period in which they are collected. Gross Revenues shall
not include payments for PEG Access capital support. The City acknowledges and accepts that
Grantee shall maintain its books and records in accordance with GAAP.
"Interactive Services" are those services provided to Subscribers whereby the Subscriber
either(a) both receives information consisting of either television or other signal and transmits
signals generated by the Subscriber or equipment under his/her control for the purpose of
selecting what information shall be transmitted to the Subscriber or for any other purpose or(b)
transmits signals to any other location for any purpose.
"Living Unit"means a distinct address as tracked in the QC network inventory,used by
CenturyLink to identify existing or potential Subscribers. This includes, but is not limited to,
single family homes, multi-dwelling units (e.g., apartment buildings and condominiums) and
business locations.
"Minnesota Cable Communications Act"means the provisions of Minnesota law
governing the requirements for a cable television franchise as set forth in Minn. Stat. § 238, et.
seq., as amended.
"Mosaic Channel"means a channel which displays miniaturized media screens and
related information for a particular group of Channels with common themes. The Mosaic
Channel serves as a navigation tool for Subscribers, which displays the group of Access
Channels on a single Channel screen and also provides for easy navigation to a chosen Access
Channel.
"Normal Business Hours"means those hours during which most similar businesses in
City are open to serve customers. In all cases, "Normal Business Hours"must include some
evening hours, at least one (1)night per week and/or some weekend hours.
"Normal Operating Conditions"means those Service conditions which are within the
control of Grantee. Those conditions which are not within the control of Grantee include,but are
not limited to, natural disasters, civil disturbances, power outages, telephone network outages,
and severe or unusual weather conditions. Those conditions which are ordinarily within the
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control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate
increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable
System.
"Pay Service"means programming (such as certain on-demand movie channels or pay-
per-view programs) offered individually to Subscribers on a per-channel, per-program or per-
event basis.
"PEG"means public, educational and governmental.
"Person"means any natural person and all domestic and foreign corporations, closely-
held corporations, associations, syndicates,joint stock corporations, partnerships of every kind,
clubs, businesses, common law trusts, societies and/or any other legal entity.
"QC"means Qwest Corporation, wholly owned subsidiary of CenturyLink, Inc. and an
Affiliate of Grantee.
"Qualified Living Unit"means a Living Unit which meets the minimum technical
qualifications defined by Grantee for the provision of Cable Service. A Living Unit receiving a
minimum of 25Mbps downstream will generally be capable of receiving Cable Service subject to
Grantee performing certain network grooming and conditioning.
"Set Top Box"means an electronic device, which converts signals to a frequency not
susceptible to interference within the television receiver of a Subscriber, and by an appropriate
Channel selector also permits a Subscriber to view all signals included in the Basic Cable
Service tier delivered at designated converter dial locations.
"Street" shall mean the surface of and the space above and below any public Street, road,
highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard,parkway, drive or
any easement or right-of-way now or hereafter held by City which shall, within its proper use
and meaning in the sole opinion of City, entitle Grantee to the use thereof for the purpose of
installing or transmitting over poles, wires, cables, conductors, ducts, conduits, vaults, man-
holes, amplifiers, appliances, attachments and other property as may be ordinarily necessary and
pertinent to a Cable System.
"Subscriber"means a Person who lawfully receives Cable Service from Grantee.
"Wireline MVPD"means a multichannel video programming distributor that utilizes the
Streets to install cable or fiber and is engaged in the business of making available for purchase,
by Subscribers, multiple Channels of video programming in the City.
SECTION 2
FRANCHISE
2.1 Grant of Franchise.
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(a) The City hereby authorizes Grantee to occupy or use the City's Streets
subject to: 1)the provisions of this non-exclusive Franchise to provide Cable Service
within the City; and 2) all applicable provisions of the City Code. Said Franchise shall
constitute both a right and an obligation to provide Cable Services as required by the
provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit
Grantee from: (1)providing services other than Cable Services to the extent not
prohibited by Applicable Law; or(2) challenging any exercise of the City's legislative or
regulatory authority in an appropriate forum. The City hereby reserves all of its rights to
regulate such other services to the extent not prohibited by Applicable Law and no
provision herein shall be construed to limit or give up any right to regulate.
(b) Grantee promises and guarantees, as a condition of exercising the
privileges granted by this Franchise, that any Affiliated Entity of the Grantee involved in
the offering of Cable Service in the City, or directly involved in the ownership,
management or operation of the Cable System in the City, shall also comply with all
obligations of this Franchise. However, the City and Grantee acknowledge that QC will
be primarily responsible for the construction and installation of the facilities in the
Rights-of-Way which will be utilized by Grantee to provide Cable Services. So long as
QC does not provide Cable Service to Subscribers in the City, QC will not be subject to
the terms and conditions contained in this Franchise. QC's installation and maintenance
of facilities in the Rights-of-Way is governed by applicable local, state and federal law.
To the extent Grantee constructs and installs facilities in the Rights-of-Way, such
installation will be subject to the terms and conditions contained in this Franchise.
Grantee is responsible for all provisions in this Franchise related to: 1) its offering of
Cable Services in the City; and 2)the operation of the Cable System regardless of what
entity owns or constructs the facilities used to provide the Cable Service. The City and
Grantee agree that to the extent QC violates any applicable federal, state, or local laws,
rules, and regulations, the City shall first seek compliance directly from QC. In the event
the City cannot resolve these violations or disputes with QC, then the City may look to
Grantee to ensure such compliance. Failure by Grantee to ensure QC's or any other
Affiliate's compliance with Applicable Laws, rules, and regulations, shall be deemed a
material breach of this Franchise by Grantee.
2.2 Reservation of Authority. The Grantee specifically agrees to comply with the
lawful provisions of the City Code and applicable regulations of the City. Subject to the police
power exception below, in the event of a conflict between A)the lawful provisions of the City
Code or applicable regulations of the City and B) this Franchise, the express provisions of this
Franchise shall govern. Subject to express federal and state preemption, the material terms and
conditions contained in this Franchise may not be unilaterally altered by the City through
subsequent amendments to the City Code, ordinances or any regulation of City, except in the
lawful exercise of City's police power. Grantee acknowledges that the City may modify its
regulatory policies by lawful exercise of the City's police powers throughout the term of this
Franchise. Grantee agrees to comply with such lawful modifications to the City Code; however,
Grantee reserves all rights it may have to challenge such modifications to the City Code whether
arising in contract or at law. The City reserves all of its rights and defenses to such challenges
whether arising in contract or at law. Nothing in this Franchise shall (A) abrogate the right of the
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City to perform any public works or public improvements of any description, (B) be construed as
a waiver of any codes or ordinances of general applicability promulgated by the City, or(C)be
construed as a waiver or release of the rights of the City in and to the Streets.
2.3 Franchise Term. This Franchise shall be in effect for a term of five (5) years
from the date of acceptance by Grantee,unless terminated sooner as hereinafter provided. Six
(6) months prior to the expiration of the initial five (5) year term, if City determines that Grantee
is in compliance with all other material terms of this Franchise including the build out
obligations set forth in this Franchise as required by Applicable Law, the City shall have the
unilateral right to extend the Franchise for an additional term of no less than five (5) years and no
more than ten(10) years.
2.4 Franchise Area. The Grantee is hereby authorized to provide Cable Services over
a Cable System within the jurisdictional boundaries of the City, including any areas annexed by
the City during the term of this Franchise. The parties acknowledge that Grantee is not the first
entrant into the wireline video market in the City. The Grantee acknowledges that the City
desires wireline competition throughout the entire City so all residents may receive the benefits
of competitive Cable Services. Grantee aspires to provide Cable Service to all households within
the City by the end of the five year(5) term of this Franchise. Grantee agrees that its deployment
of Cable Service in the City will be geographically dispersed throughout the City, and shall be
made available to diverse residential neighborhoods of the City without discrimination.
2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive.
The City specifically reserves the right to grant, at any time, such additional franchises for a
Cable System as it deems appropriate provided, however, such additional grants shall not operate
to materially modify, revoke, or terminate any rights previously granted to Grantee other than as
described in Section 17.17. The grant of any additional franchise shall not of itself be deemed to
constitute a modification, revocation, or termination of rights previously granted to Grantee.
Any additional cable franchise grants shall comply with Minn. Stat. Section 238.08 and any
other applicable federal level playing field requirements.
2.6 Build Out.
(a) Initial build out. No later than the second anniversary of the Effective
Date of this Franchise, Grantee shall be capable of serving a minimum of fifteen percent
(15%) of the City's households with Cable Service; provided, however, Grantee will
make its best efforts to complete such deployment within a shorter period of time.
Grantee agrees that this initial minimum build-out commitment shall include a significant
number of households below the median income in the City. City shall,upon written
request of Grantee,provide detailed maps of such areas. Nothing in this Franchise shall
restrict Grantee from serving additional households in the City with Cable Service.
(b) Quarterly Meetings. In order to permit the Commission to monitor and
enforce the provisions of this section and other provisions of this Franchise, the Grantee
shall, upon demand,promptly make available to the Commission maps and other
documentation showing exactly where within the City the Grantee is currently providing
Cable Service. Grantee shall meet with the Commission, not less than once quarterly, to
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demonstrate Grantee's compliance with the provisions of this section concerning the
deployment of Cable Services in the City including, by way of example, the provision of
this section in which Grantee commits that a significant portion of its initial investment
will be targeted to areas below the median income within the City, and the provisions of
this section that prohibit discrimination in the deployment of Cable Services. In order to
permit the Commission and the City to monitor and enforce the provisions of this section
and other provisions of this Franchise, the Grantee shall, commencing April 15, 2016,
and continuing throughout the term of this Franchise, meet quarterly with the
Commission and make available to the Commission the following information:
(i) The total number of Living Units throughout the City;
(ii) The geographic area within the City where the Grantee is capable
of delivering Cable Service through either a FTTH or FTTN method of service
delivery which shall include sufficient detail to allow the City to determine the
availability of Cable Services at commercially-zoned parcels;
(iii) The actual number of Qualified Living Units capable of receiving
Cable Service from Grantee through FTTH and FTTN; and
(iv) A list of the public buildings and educational institutions capable
of receiving Cable Service from the Grantee (see list attached hereto as Exhibit
A).
(c) Additional build out based on Market Success. If, at any quarterly
meeting, including any quarterly meeting prior to the second anniversary of the Effective
Date of this Franchise as referenced in Section 2.6(a)herein, Grantee is actually serving
twenty seven and one-half percent(27.5%) of the households capable of receiving Cable
Service, then Grantee agrees the minimum build-out commitment shall increase to
include all of the households then capable of receiving Cable Service plus an additional
fifteen(15%) of the total households in the City, which Grantee agrees to serve within
two (2) years from the quarterly meeting; provided, however, the Grantee shall make its
best efforts to complete such deployment within a shorter period of time. For example,
if, at a quarterly meeting with the Commission, Grantee shows that it is capable of
serving sixty percent (60%) of the households in the City with Cable Service and is
actually serving thirty percent(30%) of those households with Cable Service, then
Grantee will agree to serve an additional fifteen percent (15%) of the total households in
the City no later than two (2) years after that quarterly meeting (a total of seventy-five
percent (75%) of the total households). This additional build-out based on market
success shall continue until every household in the City is served.
(d) Nondiscrimination. Grantee shall provide Cable Service under non-
discriminatory rates and reasonable terms and conditions to all Subscribers who reside in
Living Units in any location where the Grantee is capable of providing Cable Service.
Grantee shall not arbitrarily refuse to provide Cable Services to any Person or in any
location where the Grantee is capable of providing Cable Service. Any Qualified Living
Unit should also include Commercially-Zoned Parcels. "Commercially-Zoned Parcels"
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mean any Street address or municipally identified lot or parcel of real estate with a
building. Grantee shall not deny Cable Services to any group of Subscribers or potential
residential Subscribers based upon the income level of residents of the local area in which
such group resides, nor shall Grantee base decisions about construction or maintenance of
its Cable System or facilities based upon the income level of residents of the local area in
which such group resides. Grantee shall provide such service at non-discriminatory
monthly rates for residential Subscribers, consistent with Applicable Law. Grantee shall
not discriminate between or among any individuals in the availability of Cable Service
based upon income in accordance and consistent with 47 U.S.C. Section 541(a)(3), or
based upon race or ethnicity.
(e) Standard Installation. Grantee shall provide Cable Services at its standard
installation within seven(7) days of a request by any Person in a Qualified Living Unit.
A request shall be deemed made on the date of signing a service agreement, receipt of
funds by Grantee or receipt by Grantee of a verified verbal or written request.
(f) Multiple Dwelling Units. The Grantee shall offer the individual units of a
multiple dwelling unit all Cable Services offered to other Dwelling Units in the City.
Grantee shall,upon request, individually wire units upon request of the property owner or
renter who has been given written authorization by the owner. Such offering is
conditioned upon the Grantee having legal access to said unit and any payment(for
Grantee's reasonable costs of internal wiring) as applicable. The City acknowledges that
the Grantee cannot control the dissemination of particular Cable Services beyond the
point of demarcation at a multiple dwelling unit.
2.7 Periodic Public Review of Franchise. Within sixty(60) Days of the third
anniversary of the Effective Date of this Franchise or third annual anniversary of any extension
of the Franchise term, the City may conduct a public review of the Franchise. The purpose of
any such review shall be to ensure, with the benefit of full opportunity for public comment, that
the Grantee continues to effectively serve the public in the light of new developments in cable
law and regulation, cable technology, cable company performance with the requirements of this
Franchise, local regulatory environment, community needs and interests, and other such factors.
Both the City and Grantee agree to make a full and good faith effort to participate in the review.
So long as Grantee receives reasonable notice, Grantee shall participate in the review process
and shall fully cooperate. The review shall not operate to modify or change any provision of this
Franchise without mutual written consent in accordance with Section 17.6 of this Franchise.
2.8 Transfer of Ownership.
(a) No sale, transfer, assignment or"fundamental corporate change", as
defined in Minn. Stat. § 238.083, of this Franchise shall take place until the parties to the
sale, transfer, or fundamental corporate change files a written request with City for its
approval, provided, however, that said approval shall not be required where Grantee
grants a security interest in its Franchise and assets to secure an indebtedness.
(b) City shall have thirty(30) Days from the time of the request to reply in
writing and indicate approval of the request or its determination that a public hearing is
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necessary due to potential adverse affect on Grantee's Subscribers resulting from the sale
or transfer. Such approval or determination shall be expressed in writing within thirty
(30) Days of receipt of said request, or the request shall be deemed approved as a matter
of law.
(c) If a public hearing is deemed necessary pursuant to (b) above, such
hearing shall be commenced within thirty(30) Days of such determination and notice of
any such hearing shall be given in accordance with local law or fourteen (14) Days prior
to the hearing by publishing notice thereof once in a newspaper of general circulation in
City. The notice shall contain the date, time and place of the hearing and shall briefly
state the substance of the action to be considered by City.
(d) Within thirty(30) Days after the closing of the public hearing, City shall
approve or deny in writing the sale or transfer request. City shall set forth in writing with
particularity its reason(s) for denying approval. City shall not unreasonably withhold its
approval.
(e) The parties to the sale or transfer of the Franchise only, without the
inclusion of the System in which substantial construction has commenced, shall establish
that the sale or transfer of only the Franchise will be in the public interest.
(f) Any sale or transfer of stock in Grantee so as to create a new controlling
interest in the System shall be subject to the requirements of this Section 2.8. The term
"controlling interest" as used herein is not limited to majority stock ownership,but
includes actual working control in whatever manner exercised.
(g) In no event shall a transfer or assignment of ownership or control 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.
(h) In the event of any proposed sale or assignment pursuant to paragraph(a)
of this section, City shall have the right of first refusal of any bona fide offer to purchase
only the Cable System. Bona fide offer, as used in this section, means an offer received
by the Grantee which it intends to accept subject to City's rights under this section. This
written offer must be conveyed to City along with the Grantee's written acceptance of the
offer contingent upon the rights of City provided for in this section. City shall be deemed
to have waived its rights under this paragraph (h) in the following circumstances:
(i) If it does not indicate to Grantee in writing, within thirty(30) Days
of notice of a proposed sale or assignment, its intention to exercise its right of
purchase; or
(ii) It approves the assignment or sale of the Franchise as provided
within this section
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(i) A transfer of the Franchise shall not include a transfer of ownership or
other interest in Grantee to the parent of Grantee or to another Affiliate of Grantee;
transfer of an interest in the Franchise or the rights held by Grantee under the Franchise
to the parent of Grantee or to another Affiliate of Grantee; any action which is the result
of a merger of the parent of Grantee; or any action which is the result of a merger of
another Affiliate of Grantee. Nothing in this Section 2.8 (i) shall be read to serve as a
waiver of Grantee's obligation to obtain the City's advance written consent to any
proposed transfer that constitutes a change in the "controlling interest" of the Grantee as
set forth in 2.8 (f) herein and Minn. Stat. Section 238.083.
2.9 Expiration. Upon expiration of the Franchise, the City shall have the right at its
own election and subject to Grantee's rights under Section 626 of the Cable Act to:
(a) extend the Franchise, though nothing in this provision shall be construed
to require such extension;
(b) renew the Franchise, in accordance with Applicable Laws;
(c) invite additional franchise applications or proposals;
(d) terminate the Franchise subject to any rights Grantee has under Section
626 of the Cable Act; or
(e) take such other action as the City deems appropriate.
2.10 Right to Require Removal of Property. At the expiration of the term for which
the Franchise is granted provided no renewal is granted, or upon its forfeiture or revocation as
provided for herein, the City shall have the right to require Grantee to remove at Grantee's own
expense all or any part of the Cable System,used exclusively to provide Cable Service, from all
Streets and public ways within the Franchise Area within a reasonable time. If Grantee fails to
do so, the City may perform the work and collect the cost thereof from Grantee.
2.11 Continuity of Service Mandatory. It shall be the right of all Subscribers to
receive all available services insofar as their financial and other obligations to Grantee are
honored. In the event that Grantee elects to overbuild, rebuild, modify, or sell the system, or the
City revokes or fails to renew the Franchise, Grantee shall make its best effort to ensure that all
Subscribers receive continuous uninterrupted service, regardless of the circumstances, during the
lifetime of the Franchise. In the event of expiration,purchase, lease-purchase, condemnation,
acquisition, taking over or holding of plant and equipment, sale, lease, or other transfer to any
other Person, including any other grantee of a cable communications franchise, the current
Grantee shall cooperate fully to operate the system in accordance with the terms and conditions
of this Franchise for a temporary period sufficient in length to maintain continuity of service to
all Subscribers.
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SECTION 3
OPERATION IN STREETS AND RIGHTS-OF-WAY
3.1 Use of Streets.
(a) Grantee may, subject to the terms of this Franchise, erect, install,
construct, repair, replace, reconstruct and retain in, on, over,under, upon, across and
along the Streets within the City such lines, cables, conductors, ducts, conduits, vaults,
manholes, amplifiers, appliances,pedestals, attachments and other property and
equipment as are necessary and appurtenant to the operation of a Cable System within the
City. Without limiting the foregoing and subject to Section 2.1(b)herein, Grantee
expressly agrees that it will construct, operate and maintain its Cable System in
compliance with, and subject to, the requirements of the City Code, including by way of
example and not limitation, those requirements governing the placement of Grantee's
Cable System; and with other applicable City Codes, and will obtain and maintain all
permits and bonds required by the City Code in addition to those required in this
Franchise.
(b) All wires, conduits, cable and other property and facilities of Grantee shall
be so located, constructed, installed and maintained as not to endanger or unnecessarily
interfere with the usual and customary trade, traffic and travel upon, or other use of, the
Streets of City. Grantee shall keep and maintain all of its property in good condition,
order and repair so that the same shall not menace or endanger the life or property of any
Person. Grantee shall keep accurate maps and records of all of its wires, conduits, cables
and other property and facilities located, constructed and maintained in the City.
(c) All wires, conduits, cables and other property and facilities of Grantee,
shall be constructed and installed in an orderly and workmanlike manner. All wires,
conduits and cables shall be installed, where possible, parallel with electric and telephone
lines. Multiple cable configurations shall be arranged in parallel and bundled with due
respect for engineering considerations.
3.2 Construction or Alteration. Subject to Section 2.1(b)herein, Grantee shall in all
cases comply with the City Code, City resolutions and City regulations regarding the acquisition
of permits and/or such other items as may be reasonably required in order to construct, alter or
maintain the Cable System. Grantee shall,upon request, provide information to the City
regarding its progress in completing or altering the Cable System.
3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a
Cable System so as not to interfere with other use of Streets. Grantee shall, where possible in the
case of above ground lines, make use of existing poles and other facilities available to Grantee.
When residents receiving underground service or who will be receiving underground service will
be affected by proposed construction or alteration, Grantee shall provide such notice as set forth
in the permit or in City Code of the same to such affected residents.
3.4 Consistency with Designated Use. Notwithstanding the above grant to use
Streets, no Street shall be used by Grantee if the City, in its sole opinion, determines that such
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use is inconsistent with the terms, conditions or provisions by which such Street was created or
dedicated, or presently used under Applicable Laws.
3.5 Undergrounding. Grantee shall place underground all of its transmission lines
which are located or are to be located above or within the Streets of the City in the following
cases:
(a) all other existing utilities are required to be placed underground by statute,
resolution,policy or other Applicable Law;
(b) Grantee is unable to get pole clearance;
(c) underground easements are obtained from developers of new residential
areas; or
(d) utilities are overhead but residents prefer underground(service provided at
cost).
If an ordinance is passed which involves placing underground certain utilities including
Grantee's cable plant which is then located overhead, Grantee shall participate in such
underground project and shall remove poles, cables and overhead wires if requested to do so and
place facilities underground. Nothing herein shall mandate that City provide reimbursement to
Grantee for the costs of such relocation and removal. However, if the City makes available
funds for the cost of placing facilities underground, nothing herein shall preclude the Grantee
from participating in such funding to the extent consistent with the City Code or Applicable
Laws.
Grantee shall use conduit or its functional equivalent to the greatest extent possible for
undergrounding, except for Drops from pedestals to Subscribers' homes and for cable on other
private property where the owner requests that conduit not be used. Cable and conduit shall be
utilized which meets the highest industry standards for electronic performance and resistance to
interference or damage from environmental factors. Grantee shall use, in conjunction with other
utility companies or providers, common trenches for underground construction wherever
available.
3.6 Maintenance and Restoration.
(a) Restoration. In case of disturbance of any Street, public way, paved area
or public improvement by Grantee, Grantee shall, at its own cost and expense and in
accordance with the requirements of Applicable Law, restore such Street,public way,
paved area or public improvement to substantially the same condition as existed before
the work involving such disturbance took place. All restoration occurring in private
easements or on other private property shall be performed in accordance with the City
Code. Grantee shall perform all restoration work within a reasonable time and with due
regard to seasonal working conditions. If Grantee fails, neglects or refuses to make
restorations as required under this section, then the City may do such work or cause it to
be done, and the cost thereof to the City shall be paid by Grantee. If Grantee causes any
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damage to private property in the process of restoring facilities, Grantee shall repair such
damage.
(b) Maintenance. Grantee shall maintain all above ground improvements that
it places on City right-of-way pursuant to the City Code and any permit issued by the
City. In order to avoid interference with the City's ability to maintain the right-of-way,
Grantee shall provide such clearance as is required by the City Code and any permit
issued by the City. If Grantee fails to comply with this provision and by its failure
property is damaged, Grantee shall be responsible for all damages caused thereby.
(c) Disputes. In any dispute over the adequacy of restoration or maintenance
relative to this section, final determination shall be the prerogative of the City,
Department of Public Works and consistent with the City Code and any permit issued by
the City.
3.7 Work on Private Property. Grantee, with the consent of property owners, shall
have the authority, pursuant to the City Code, to trim trees upon and overhanging Streets, alleys,
sidewalks, and public ways so as to prevent the branches of such trees from coming in contact
with the wires and cables of Grantee, except that at the option of the City, such trimming may be
done by it or under its supervision and direction at the reasonable expense of Grantee.
3.8 Relocation.
(a) City Property. If, during the term of the Franchise, the City or any
government entity elects or requires a third party to alter, repair, realign, abandon,
improve, vacate, reroute or change the grade of any Street, public way or other public
property; or to construct, maintain or repair any public improvement; or to replace, repair
install, maintain, or otherwise alter any cable, wire conduit,pipe, line,pole, wire-holding
structure, structure, or other facility, including a facility used for the provision of utility
or other services or transportation of drainage, sewage or other liquids, for any public
purpose, Grantee shall,upon request, except as otherwise hereinafter provided, at its sole
expense remove or relocate as necessary its poles, wires, cables,underground conduits,
vaults, pedestals, manholes and any other facilities which it has installed. Nothing herein
shall mandate that City provide reimbursement to Grantee for the costs of such relocation
and removal. However, if the City makes available funds for the cost of placing facilities
underground, nothing herein shall preclude the Grantee from participating in such
funding to the extent consistent with the City Code or Applicable Laws.
(b) Utilities and Other Franchisees. If, during the term of the Franchise,
another entity which holds a franchise or any utility requests Grantee to remove or
relocate such facilities to accommodate the construction, maintenance or repair of the
requesting party's facilities, or their more efficient use, or to "make ready" the requesting
party's facilities for use by others, or because Grantee is using a facility which the
requesting party has a right or duty to remove, Grantee shall do so. The companies
involved may decide among themselves who is to bear the cost of removal or relocation,
pursuant to City Code, and provided that the City shall not be liable for such costs.
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(c) Notice to Remove or Relocate. Any Person requesting Grantee to remove
or relocate its facilities shall give Grantee no less than forty-five (45) Days' advance
written notice to Grantee advising Grantee of the date or dates removal or relocation is to
be undertaken; provided, that no advance written notice shall be required in emergencies
or in cases where public health and safety or property is endangered.
(d) Failure by Grantee to Remove or Relocate. If Grantee fails, neglects or
refuses to remove or relocate its facilities as directed by the City; or in emergencies or
where public health and safety or property is endangered, the City may do such work or
cause it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee
fails, neglects or refuses to remove or relocate its facilities as directed by another
franchisee or utility, that franchisee or utility may do such work or cause it to be done,
and if Grantee would have been liable for the cost of performing such work, the cost
thereof to the party performing the work or having the work performed shall be paid by
Grantee.
(e) Procedure for Removal of Cable. Grantee shall not remove any
underground cable or conduit which requires trenching or other opening of the Streets
along the extension of cable to be removed, except as hereinafter provided. Grantee may
remove any underground cable from the Streets which has been installed in such a
manner that it can be removed without trenching or other opening of the Streets along the
extension of cable to be removed. Subject to Applicable Law, Grantee shall remove, at
its sole cost and expense, any underground cable or conduit by trenching or opening of
the Streets along the extension thereof or otherwise which is ordered to be removed by
the City based upon a determination, in the sole discretion of the City, that removal is
required in order to eliminate or prevent a hazardous condition. Underground cable and
conduit in the Streets which is not removed shall be deemed abandoned and title thereto
shall be vested in the City.
(f) Movement of Buildings. Grantee shall, upon request by any Person
holding a building moving permit, franchise or other approval issued by the City,
temporarily remove, raise or lower its wire to permit the movement of buildings. The
expense of such removal, raising or lowering shall be paid by the Person requesting same,
and Grantee shall be authorized to require such payment in advance. The City shall
require all building movers to provide not less than fifteen(15) Days' notice to the cable
company to arrange for such temporary wire changes.
SECTION 4
REMOVAL OR ABANDONMENT OF SYSTEM
4.1 Removal of Cable System. In the event that: (1) the use of the Cable System is
discontinued for any reason for a continuous period of twelve (12)months; or(2) the Cable
System has been installed in a Street without complying with the requirements of this Franchise,
Grantee, at its expense shall, at the demand of the City remove promptly from the Streets all of
the Cable System, used only to provide Cable Service, other than any which the City may permit
to be abandoned in place. In the event of any such removal Grantee shall promptly restore to a
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condition as nearly as possible to its prior condition the Street or other public places in the City
from which the System has been removed.
4.2 Abandonment of Cable System. In the event of Grantee's abandonment of the
Cable System,used only to provide Cable Service, City shall have the right to require Grantee to
conform to the state right-of-way rules, Minn. Rules, Chapter 7819. The Cable System to be
abandoned in place shall be abandoned in the manner prescribed by the City. Grantee may not
abandon any portion of the System without having first given three (3)months written notice to
the City. Grantee may not abandon any portion of the System without compensating the City for
damages resulting from the abandonment.
4.3 Removal after Abandonment or Termination. If Grantee has failed to
commence removal of System, used only to provide Cable Service, or such part thereof as was
designated by City, within thirty(30) days after written notice of City's demand for removal
consistent with Minn. Rules, Ch. 7819, 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 Cable System to be in City with
all rights of ownership including, but not limited to, the right to operate the Cable System or
transfer the Cable System to another for operation by it.
4.4 City Options for Failure to Remove Cable System. If Grantee has failed to
complete such removal within the time given after written notice of the City's demand for
removal is given, the City shall have the right to exercise one of the following options:
(a) Declare all right, title and interest to the System, used only to provide
Cable Service, to be in the City or its designee 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; or
(b) Declare the System abandoned and cause the System, if used only to
provide Cable Service, or such part thereof as the City shall designate, to be removed at
no cost to the City. The cost of said removal shall be recoverable from the security fund,
indemnity and penalty section provided for in this Franchise or from Grantee directly.
(c) Upon termination of service to any Subscriber, Grantee shall promptly
remove all its facilities and equipment from within the dwelling of a Subscriber who
owns such dwelling upon his or her written request, except as provided by Applicable
Law. Such Subscribers shall be responsible for any costs incurred by Grantee in
removing the facilities and equipment.
4.5 System Construction and Equipment Standards. The Cable System shall be
installed and maintained in accordance with standard good engineering practices and shall
conform, when applicable, with the National Electrical Safety Code, the National Electrical Code
and the FCC's Rules and Regulations.
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4.6 System Maps and Layout. To the extent not otherwise provided for in Section
2.6(b), Grantee, or an affiliate, shall maintain complete and accurate records, maps and diagrams
of the location of all its facilities used to provide Cable Services and the Cable System
maintained by QC in the Streets and make them available to the City upon request.
SECTION 5
SYSTEM DESIGN AND CAPACITY
5.1 Availability of Signals and Equipment.
(a) The Cable System shall have a bandwidth capable of providing the
equivalent of a typical 750 MHz Cable System. Recognizing that the City has limited
authority under federal law to designate the technical method by which Grantee provides
Cable Service, as of the Effective Date of this Franchise, Grantee provides its Cable
Service utilizing two (2) different methods. First, using a PON platform, the Grantee
provides Cable Service to some Qualified Living Units by connecting fiber directly to the
household("FTTP"). Second, the Grantee provides Cable Service to some Qualified
Living Units by deploying fiber further into the neighborhoods and using the existing
copper infrastructure to increase broadband speeds ("FTTN"). Generally speaking, when
Grantee deploys FTTN, households located within four thousand(4,000) cable feet of a
remote terminal shall receive broadband speeds capable of providing Cable Service. In
both the FTTP and FTTN footprint, a household receiving a minimum of 25 Mbps
downstream will generally be capable of receiving Cable Service after Grantee performs
certain network grooming and conditioning.
(b) The Grantee shall comply with all FCC regulations regarding carriage of
digital and HDTV transmissions.
(c) Grantee agrees to maintain the Cable System in a manner consistent with,
or in excess of the specifications in Section 5.1 (a) and(b)throughout the term of the
Franchise with sufficient capability and technical quality to enable the implementation
and performance of all the requirements of this Franchise, including the exhibits hereto,
and in a manner which meets or exceeds FCC technical quality standards at 47 C.F.R. §
76 Subpart K, regardless of the particular format in which a signal is transmitted.
5.2 Free Cable Service to Public Buildings.
(a) As part of its support for PEG use of the System, the Grantee shall provide
a free drop to the Subscriber network and free Basic Cable Service and Expanded Basic
Cable Service to all of the sites listed on Exhibit A attached hereto, and to such other
public institutions as the City may reasonably request from time to time provided such
location is a Qualified Living Unit and not currently receiving service from another
provider. However, City may determine to disconnect the other cable provider and
require Grantee to meet the free service obligation, as determined in City's sole
discretion.
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(b) The Grantee is only required to provide a single free drop to the
Subscriber network, to a single outlet at a point within the location selected by that
location. However, the location may extend the drop to multiple outlets and receive free
Basic and Expanded Basic Cable Service at each outlet so long as such extension does
not result in any violations of applicable leakage standards which the Grantee is obligated
to meet. A location that wishes to install multiple outlets may do so itself, or may
contract with the Grantee to do so. Grantee shall provide up to three (3) additional Set
Top Boxes to each new location free of charge so that the services can be received and
individually tuned by each receiver connected to the drop at a location. If an institution
physically moves locations, such institution may move existing Set Top Boxes to the new
locations with a free drop, and the moved Set Top Box will not count against the three (3)
additional Set Top Boxes. Grantee will replace and maintain Set Top Boxes it provides
or that it had provided as necessary so that locations may continue to view the free
services Grantee is required to provide. Provided such location is a Qualified Living Unit
and not currently receiving service from another provider. However, City may determine
to disconnect the other cable provider and require Grantee to meet the free service
obligation, as determined in City's sole discretion.
(c) Outlets of Basic and Expanded Basic Cable Service provided in
accordance with this section may be used to distribute Cable Services throughout such
buildings; 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. Grantee agrees that if any broadband service is required in order to
receive the free service obligation set forth in this section, Grantee will provide such
broadband service free of charge for the sole purpose of facilitating the provision of free
Cable Service required by this section. Grantee agrees that it will not offset, deduct or
reduce its payment of past,present or future Franchise Fees required as a result of its
obligation to connections or services to public facilities.
5.3 System Specifications.
(a) System Maintenance. In all its construction and service provision
activities, Grantee shall meet or exceed the construction, technical performance,
extension and service requirements set forth in this Franchise.
(b) Emergency Alert Capability. At all times during the term of this
Franchise, Grantee shall provide and maintain an Emergency Alert System(EAS)
consistent with applicable federal law and regulations including 47 C.F.R., Part 11, and
any Minnesota State Emergency Alert System requirements. The City may identify
authorized emergency officials for activating the EAS consistent with the Minnesota
State Emergency Statewide Plan ("EAS Plan"). The City may also develop a local plan
containing methods of EAS message distribution, subject to Applicable Laws and the
EAS Plan. Nothing in this section is intended to expand Grantee's obligations beyond
that which is required by the EAS Plan and Applicable Law.
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(c) Standby Power. Grantee shall provide standby power generating capacity
at the Cable System control center. Grantee shall maintain standby power system
supplies, rated at least at two (2) hours' duration, throughout the trunk and distribution
networks. In addition, Grantee shall have in place throughout the Franchise term a plan,
and all resources necessary for implementation of the plan, for dealing with outages of
more than two (2)hours.
(d) Technical Standards. The technical standards used in the operation of the
Cable System shall comply, at minimum, with the applicable technical standards
promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76,
Subpart K of the Code of Federal Regulations, as may be amended or modified from time
to time, which regulations are expressly incorporated herein by reference. The Cable
System shall be installed and maintained in accordance with standard good engineering
practices and shall conform with the National Electrical Safety Code and all other
Applicable Laws governing the construction of the Cable System.
5.4 Performance Testing. Grantee shall perform all applicable system tests at the
intervals required by the FCC, and all other tests reasonably necessary to determine compliance
with technical standards required by this Franchise. These tests shall include, at a minimum:
(a) Initial proof of performance for any construction;
(b) Semi-annual compliance tests;
(c) Tests in response to Subscriber complaints;
(d) Tests requested by the City to demonstrate franchise compliance; and
(e) Written records of all system test results performed by or for Grantee shall
be maintained, and shall be available for City inspection upon request.
5.5 Special Testing.
(a) Throughout the term of this Franchise, City shall have the right to inspect
all construction or installation work performed pursuant to the provisions of the
Franchise. In addition, City 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. City 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. City shall meet with Grantee prior to
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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
wishes to commence special tests and the thirty(30) Days have elapsed without
correction of the matter in controversy or unresolved complaints, the tests shall be
conducted at Grantee's expense by Grantee's qualified engineer. The City shall have a
right to participate in such testing by having an engineer of City's choosing, and at City's
expense, observe and monitor said testing.
SECTION 6
PROGRAMMING AND SERVICES
6.1 Categories of Programming Service. Grantee shall provide video programming
services in at least the following broad categories:
Local Broadcast(subject to federal carriage requirements)
Public Broadcast
News and Information
Sports
General Entertainment
Arts/Performance/Humanities
Science/Technology
Children/Family/Seniors
Foreign Language/Ethnic Programming
Public, Educational and Governmental Access Programming (to the extent required by
the Franchise)
Movies
Leased Access
6.2 Changes in Programming Services. Grantee shall not delete or so limit as to
effectively delete any broad category of programming within its control without the City's
consent. Further, Grantee shall provide at least thirty(30) Days' prior written notice to
Subscribers and to the City of Grantee's request to effectively delete any broad category of
programming or any Channel within its control, including all proposed changes in bandwidth or
Channel allocation and any assignments including any new equipment requirements that may
occur as a result of these changes.
6.3 Parental Control Device. Upon request by any Subscriber, Grantee shall make
available for sale or lease a parental control or lockout device that will enable the Subscriber to
block all access to any and all Channels without affecting those not blocked. Grantee shall
inform Subscribers of the availability of the lockout device at the time of original subscription
and annually thereafter.
6.4 FCC Reports. The results of any tests required to be filed by Grantee with the
FCC shall also be copied to City within ten(10) Days of the conduct of the date of the tests.
6.5 Annexation. Unless otherwise provided by Applicable Law, including the City
Code, upon the annexation of any additional land area by City, the annexed area shall thereafter
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be subject to all the terms of this Franchise upon sixty(60) Days written notification to Grantee
of the annexation by City. Unless otherwise required by Applicable Laws, nothing herein shall
require the Grantee to expand its Cable System to serve, or to offer Cable Service to any area
annexed by the City if such area is then served by another Wireline MVPD franchised to provide
multichannel video programming.
6.6 Line Extension. Grantee shall not have a line extension obligation until the first
date by which Grantee is providing Cable Service to more than fifty percent (50%) of all
Subscribers receiving facilities based Cable Service from both the Grantee and any other
provider(s) of Cable Service within the City. At that time, the City, in its reasonable discretion
and after meeting with Grantee, shall determine the timeframe to complete deployment to the
remaining households in the City, including a density requirement that is the same or similar to
the requirement of the incumbent franchised cable operator.
6.7 Nonvoice Return Capability. Grantee is required to use cable and associated
electronics having the technical capacity for nonvoice return communications.
SECTION 7
PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
7.1 Number of PEG Access Channels. Within one hundred eighty(180) days of the
Effective Date, Grantee will make available three (3) PEG Access Channels.
7.2 Digital and High Definition PEG Carriage Requirements. While the parties
recognize that while the primary signals of local broadcast stations are simulcast in standard
definition("SD") and high definition("HD") formats, the Grantee's obligation with respect to
carriage of PEG in HD and SD formats shall be as follows:
(a) Grantee agrees to carry all PEG Access Channels in HD provided the
entity originating the signal provides the Grantee an HD signal. Further, Grantee will
downconvert any such signal to an SD format so that Subscribers who choose not to
subscribe to an HD package may receive said signal in an SD format.
(b) Grantee is not required to convert a signal delivered in a lower quality
format to a higher quality format. The City shall have no obligation to provide a signal to
the Grantee in a HD format.
(c) All PEG Access Channels must be receivable by Subscribers without
special expense in addition to the expense paid to receive commercial services the
Subscriber receives. 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 Access Channels at that receiver,
without additional charges or equipment. By agreeing to make PEG available in HD
format, Grantee is not agreeing to provide free HD equipment to Subscribers including
complimentary municipal and educational accounts, or to modify its equipment or pricing
policies in any manner. City acknowledges that not every Subscriber may be able to
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view HD PEG programming (for example, because they do not have an HDTV in their
home or have chosen not to take an HD-capable receiving device from Grantee or other
equipment provider) or on every television in the home.
(d) The Grantee,upon request of the City, will provide technical assistance or
diagnostic services to determine whether or not the problem with the PEG signals is the
result of matters for which the Grantee is responsible, and if so the Grantee will take
prompt corrective actions.
(e) The Grantee will provide any PEG Access Channels on the Basic Cable
Service tier throughout the life of the Franchise, or if there is no Basic Cable Service tier,
shall provide the PEG Access Channels to any Person who subscribes to any level of
cable video programming service, and otherwise in accordance with Applicable Laws.
To the extent technically feasible, Grantee shall, upon request from the City, provide City
with quarterly viewership numbers for each of the PEG Access Channels carried on
Grantee's Cable System.
(f) Grantee shall facilitate carriage of PEG Access Channel program listings
on its interactive programming guide, at no cost to the City provided that the City shall
hold Grantee harmless should the City or PEG providers fail to provide correct or timely
information to the interactive guide programmers.
(g) If Channels are selected through menu systems, the PEG Access Channels
shall be displayed in the same manner as other Channels, and with equivalent information
regarding the programming on the Channel. To the extent that any menu system is
controlled by a third party, Grantee shall ensure that the Grantee will provide PEG
listings on that menu system, if it is provided with the programming information by the
City.
7.3 Control of PEG Channels. The control and administration of the Access
Channels shall rest with the City and the City may delegate, from time to time over the term of
this Franchise, such control and administration to various entities as determined in City's sole
discretion.
7.4 Transmission of Access Channels. Access Channels may be used for
transmission of non-video signals in compliance with Applicable Laws. This may include
downstream transmission of data using a protocol such as TCP/IP or current industry standards.
Should Grantee develop the capability to provide bi-directional data transmission, spectrum
capacity shall be sufficient to allow Subscribers to transmit data to PEG facilities.
7.5 Access Channel Locations.
(a) Grantee shall provide the City's government access channel in both HD
and SD. The government access channel will be located on Channel 235 and shall at all
times be located in the Channel neighborhood offering news/public affairs programming
on Grantee's Cable System channel lineup. The government access channel shall have
video and audio signal strength, signal quality, and functionality equivalent to the highest
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quality broadcast and commercial cable/satellite Channels carried by the Grantee on its
Cable System.
(i) Grantee shall carry the remaining public and educational Channels
(PE Channels) on Channel 26 in its Channel lineup as a means to provide ease of
access by Subscribers to the group of PE Channels placed consecutively on
Channel numbers significantly higher in the Channel lineup. This use of one (1)
Channel to access the group of PE Channels required under this Franchise shall be
referred to as a"Mosaic Channel." The Mosaic Channel shall display the group
of PE Channels on a single Channel screen and serve as a navigation tool for
Subscribers. The Mosaic Channel shall allow Subscribers to navigate directly
from Channel 26 to any of the PE Channels requested in a single operation
without any intermediate steps to a chosen PE Channel in the group.
(ii) Grantee shall use Channel 26 as a Mosaic Channel to access the PE
Channels required under this Franchise. The group of consecutive PE channels
residing at higher Channel numbers will retain Channel names and identity for
marketing purposes,unless approved by the City. Grantee shall not include any
other programming or Channels on the Commission's PE Mosaic Channel unless
the City provides advance written consent.
(iii) When using the Mosaic Channel, Subscribers shall be directed to
the requested PE Channel in an HD format if appropriate to the Subscriber's level
of service; otherwise, the Subscriber shall be directed to the SD PE Channel. The
Mosaic Channel mechanism shall allow Subscribers to navigate directly from
Channel 26 to the requested Commission Access Channels which shall be located
on Channel numbers 8110 (educational access) and 8111 (public access).
(iv) Grantee shall consult with the City(or City's designee)to
determine the PE Channel information displayed on the Mosaic Channel.
However, the information shall have video and audio signal strength, signal
quality, and functionality equivalent to the highest quality broadcast and
commercial cable/satellite channels carried by the Grantee on its Cable System in
a Mosaic format.
(v) The Mosaic Channel assigned for use by the City shall be used to
navigate to the group of City PE Channels and will be placed near other PEG
Mosaic Channels
(vi) If through technology changes or innovation in the future, the
Grantee discontinues the use of Mosaic presentations, then Grantee shall provide
the PE Channels to Subscribers at equivalent visual and audio quality and
equivalent functionality as Grantee delivers the highest quality broadcast stations
and highest quality commercial cable/satellite channels on its Cable System with
no degradation.
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(b) The Grantee shall not charge for use of the PEG Access Channels,
equipment, facilities or services.
(c) In no event shall any Access Channel reallocations be made prior to ninety
(90) Days written notice to the City by Grantee, except for circumstances beyond
Grantee's reasonable control. The Access Channels will be located within reasonable
proximity to other commercial video or broadcast Channels, excluding pay-per-view
programming offered by Grantee in the City.
(d) Grantee agrees not to encrypt the Access Channels differently than other
commercial Channels available on the Cable System.
(e) In conjunction with any occurrence of any Access Channel(s)relocation,
as may be permitted by this Franchise, Grantee shall provide a minimum of Nine
Thousand Dollars ($9,000) of in-kind air time per event on advertiser supported Channels
(e.g. USA, TNT, TBS, Discovery Channel, or other comparable Channels) for the
purpose of airing City's, or its designees',pre-produced thirty(30) second announcement
explaining the change in location, or if Grantee does not have air time capabilities a
mutually agreed equivalent shall be provided.
7.6 Navigation to Access Channels. Grantee agrees that if it utilizes a visual
interface under its control on its Cable System for all Channels, the Access Channels shall be
treated in a non-discriminatory fashion consistent with Applicable Laws so that Subscribers will
have ready access to Access Channels. This shall not be construed to require Grantee to pay any
third party fees that may result from this obligation.
7.7 Ownership of Access Channels. Grantee does not relinquish its ownership of or
ultimate right of control over a Channel by designating it for PEG use. A PEG access user—
whether an individual, educational or governmental user—acquires no property or other interest
by virtue of the use of a Channel position so designated. Grantee shall not exercise editorial
control over any public, educational, or governmental use of a Channel position, except Grantee
may refuse to transmit any public access program or portion of a public access program that
contains obscenity, indecency, or nudity in violation of Applicable Law.
7.8 Noncommercial Use of PEG. Permitted noncommercial uses of the Access
Channels shall include by way of example and not limitation: (1) the identification of financial
supporters similar to what is provided on public broadcasting stations; or(2)the solicitation of
financial support for the provision of PEG programming by the City or third party users for
charitable, educational or governmental purposes; or(3)programming offered by accredited,
non-profit, educational institutions which may, for example, offer telecourses over a Access
Channel.
7.9 Dedicated Fiber Return Lines.
(a) Grantee shall provide and maintain, free of charge with no transport costs
or other fees or costs imposed, a direct fiber connection and necessary equipment to
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transmit PEG programming from the City Hall control room racks to the Grantee
headend("PEG Origination Connection").
(b) In addition to the PEG Origination Connection, the Grantee shall, free of
charge, construct a direct connection and necessary equipment to the programming
origination site located at Edina City Hall where PEG programming is originated by the
Commission.
(c) Grantee shall at all times provide and maintain, free of charge, a drop to
the Cable System, required Set-Top Box and free Basic Cable Service and Expanded
Basic Service to the City Hall and the location from which PEG programming is
originated(currently the playback facility at the Edina City Hall), to allow these facilities
to view(live)the downstream PEG programming Channels on Grantee's Cable System
so they can monitor the PEG signals and make certain that PEG programming is being
properly received (picture and sound)by Subscribers.
7.10 Interconnection. To the extent technically feasible and permitted under
Applicable Laws, Grantee will allow necessary interconnection with any newly constructed City
and school fiber for noncommercial programming to be promoted and administered by the City
as allowed under Applicable Laws and at no additional cost to the City or schools. This may be
accomplished through a patch panel or other similar facility and each party will be responsible
for the fiber on their respective sides of the demarcation point. Grantee reserves its right to
review on a case-by-case basis the technical feasibility of the proposed interconnection. Based
on this review Grantee may condition the interconnection on the reasonable reimbursement of
Grantee's incremental costs, with no markup for profit, to recoup Grantee's construction costs
only. In no event will Grantee impose any type of recurring fee for said interconnection.
7.11 Ancillary Equipment. Any ancillary equipment operated by Grantee for the
benefit of PEG Access Channels on Grantee's fiber paths or Cable System, whether referred to
switchers, routers or other equipment, will be maintained by Grantee, at no cost to the City or
schools for the life of the Franchise. Grantee is responsible for any ancillary equipment on its
side of the demarcation point and the City or school is responsible for all other
production/playback equipment.
7.12 Future Fiber Return Lines for PEG. At such time that the City determines:
(a) that the City desires the capacity to allow Subscribers in the City to
receive PEG programming(video or character generated) which may originate from
schools, City facilities, other government facilities or other designated facilities (other
than those indicated in paragraph 10); or
(b) that the City desires to establish or change a location from which PEG
programming is originated; or
(c) that the City desires to upgrade the Connection to Grantee from an
existing signal point of origination,
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the City will give Grantee written notice detailing the point of origination and the capability
sought by the City. Grantee agrees to submit a cost estimate to implement the City's plan within
a reasonable period of time but not later than September 1st in the year preceding the request for
any costs exceeding Twenty-five Thousand and No/100 Dollars ($25,000). The cost estimate
will be on a time and materials basis with no additional markup. After an agreement to
reimburse Grantee for Grantee's out of pocket time and material costs, Grantee will implement
any necessary Cable System changes within a reasonable period of time. Nothing herein
prevents the City, or a private contractor retained by the City, from constructing said return fiber.
7.13 Access Channel Carriage.
(a) Any and all costs associated with any modification of the Access Channels
or signals after the Access Channels/signals leave the City's designated playback
facilities, or any designated playback center authorized by the City shall be borne entirely
by Grantee. Grantee shall not cause any programming to override PEG programming on
any Access Channel, except by oral or written permission from the City, with the
exception of emergency alert signals.
(b) The City may request and Grantee shall provide an additional Access
Channel when the cumulative time on all the existing Access Channels combined meets
the following standard: whenever one of the Access Channels in use during eighty
percent (80%) of the weekdays, Monday through Friday, for eighty percent(80%) of the
time during a consecutive three (3)hour period for six (6) weeks running, and there is a
demand for use of an additional Channel for the same purpose, the Grantee has six (6)
months in which to provide a new, Access Channel for the same purpose; provided that,
the provision of the additional Channel or Channels does not require the Cable System to
install Converters.
(c) The VHF spectrum shall be used for one (1) of the public, educational, or
governmental specially designated Access Channels.
(d) Subject to the terms of this Franchise, the City or its designee shall be
responsible for developing, implementing, interpreting and enforcing rules for PEG
Access Channel use.
(e) The Grantee shall monitor the Access Channels for technical quality to
ensure that they meet FCC technical standards including those applicable to the carriage
of Access Channels,provided however, that the Grantee is not responsible for the
production quality of PEG programming productions. The City, or its designee, shall be
responsible for the production and quality of all PEG access programming. Grantee shall
carry all components of the standard definition of Access Channel including, but not
limited to, closed captioning, stereo audio and other elements associated with the
programming.
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7.14 Access Channel Support.
(a) Upon the Effective Date of this Franchise, Grantee shall collect and remit
to the City Sixty cents (60¢)per Subscriber per month in support of PEG capital ("PEG
Fee").
(b) On August 1, 2017, the City, at its discretion, and upon ninety(90) Days
advance written notice to Grantee, may require Grantee to increase the PEG Fee to Sixty-
five cents (650)per Subscriber per month for the remaining term of the Franchise. The
PEG Fee shall be used by City in its sole discretion to fund PEG access capital
expenditures. In no event shall the PEG Fee be assessed in an amount different from that
imposed upon the incumbent cable provider. In the event the incumbent cable provider
agrees to a higher or lower PEG Fee, Grantee will increase or decrease its PEG Fee upon
ninety(90) Days written notice from the City.
(c) The PEG Fee is not intended to represent part of the Franchise Fee and is
intended to fall within one (1) or more of the exceptions in 47 U.S.C. § 542. The PEG
Fee may be categorized, itemized, and passed through to Subscribers as permissible, in
accordance with 47 U.S.C. §542 or other Applicable Laws. Grantee shall pay the PEG
Fee to the City quarterly at the same time as the payment of Franchise Fees under Section
16.1 of the Franchise. Grantee agrees that it will not offset or reduce its payment of past,
present or future Franchise Fees required as a result of its obligation to remit the PEG
Fee.
(d) Any PEG Fee amounts owing pursuant to this Franchise which remain
unpaid more than twenty-five (25) Days after the date the payment is due shall be
delinquent and shall thereafter accrue interest at twelve percent(12%)per annum or the
prime lending rate published by the Wall Street Journal on the Day the payment was due
plus two percent(2%), whichever is greater.
7.15 PEG Technical Quality.
(a) Grantee shall not be required to carry a PEG Access Channel in a higher
quality format than that of the Channel Signal delivered to Grantee, but Grantee shall not
implement a change in the method of delivery of Access Channels that results in a
material degradation of signal quality or impairment of viewer reception of Access
Channels,provided that this requirement shall not prohibit Grantee from implementing
new technologies also utilized for commercial Channels carried on its Cable System.
Grantee shall meet FCC signal quality standards when offering Access Channels on its
Cable System and shall continue to comply with closed captioning pass-through
requirements. There shall be no significant deterioration in an Access Channels signal
from the point of origination upstream to the point of reception downstream on the Cable
System.
(b) Within twenty-four(24) hours of a written request from City to the
Grantee identifying a technical problem with a Access Channel and requesting assistance,
Grantee will provide technical assistance or diagnostic services to determine whether or
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not a problem with a PEG signal is the result of matters for which Grantee is responsible
and if so, Grantee will take prompt corrective action. If the problem persists and there is
a dispute about the cause, then the parties shall meet with engineering representation
from Grantee and the City in order to determine the course of action to remedy the
problem.
7.16 Access Channel Promotion. Grantee shall allow the City to print and mail a post
card for promoting a designated entity's service or generally promoting community
programming to households in the City subscribing to Grantee's Cable Service at a cost to the
City not to exceed Grantee's out of pocket cost, no less frequently than twice per year, or at such
time as a Access Channel is moved or relocated,upon the written request of the City. The post
card shall be designed by the City and shall conform to the Grantee's standards and policies for
size and weight. Any post card denigrating the Grantee, its service or its programming is not
permitted. The City agrees to pay Grantee in advance for the actual cost of such post card.
7.17 Change in Technology. 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 to obtain new equipment in order to be compatible with such change for purposes of
transport and delivery of the Access Channels, Grantee shall, at its own expense and free of
charge to City or its designated entities,purchase such equipment as may be necessary to
facilitate the cablecasting of the Access Channels in accordance with the requirements of the
Franchise.
7.18 Relocation of Grantee's Headend. In the event Grantee relocates its headend,
Grantee will be responsible for replacing or restoring the existing dedicated fiber connections at
Grantee's cost so that all the functions and capacity remain available, operate reliably and satisfy
all applicable technical standards and related obligations of the Franchise free of charge to the
City or its designated entities.
7.19 Regional Channel Six. Grantee shall make available Regional Channel Six as
long as it is required to do so by the State of Minnesota.
7.20 Government Access Channel Functionality. Grantee agrees to provide the
capability such that the City, from its City Hall, can switch its government Access Channel in the
following ways:
(a) Insert live Council meetings from City Hall;
(b) Replay government access programming from City Hall; and
(c) Transmit character generated programming.
(d) Schedule for Grantee to replay City-provided tapes in pre-arranged time
slot on the government Access Channel; and
(e) Switch to other available programming where the City has legal authority.
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7.21 Compliance with Minnesota Statutes Chapter 238. In addition to the
requirements contained in this Section 7 of this Franchise, Grantee and City shall comply with
the PEG requirements mandated by Minn. Stat. 238.084.
SECTION 8
REGULATORY PROVISIONS.
8.1 Intent. The City shall have the right to administer and regulate activities under the
Franchise up to the full extent permitted by Applicable Law.
8.2 Delegation of Authority to Regulate. The City reserves the right to delegate its
regulatory authority wholly or in part to agents of the City, including, but not limited to, an
agency which may be formed to regulate several franchises in the region in a manner consistent
with Applicable Laws. This may include but shall not be limited to the Commission or other
entity as City may determine in its sole discretion. Any existing delegation in place at the time
of the grant of this Franchise shall remain intact unless expressly modified by City.
8.3 Areas of Administrative Authority. In addition to any other regulatory authority
granted to the City by law or franchise, the City shall have administrative authority in the
following areas:
(a) Administering and enforcing the provisions of this Franchise, including
the adoption of administrative rules and regulations to carry out this responsibility.
(b) Coordinating the operation of Access Channels.
(c) Formulating and recommending long-range cable communications policy
for the Franchise Area.
(d) Disbursing and utilizing Franchise revenues paid to the City.
(e) Administering the regulation of rates, to the extent permitted by
Applicable Law.
(f) All other regulatory authority permitted under Applicable Law.
The City or its designee shall have continuing regulatory jurisdiction and supervision over the
System and the Grantee's operations under the Franchise to the extent allowed by Applicable
Law.
8.4 Regulation of Rates and Charges.
(a) Right to Regulate. The City reserves the right to regulate rates or charges
for any Cable Service within the limits of Applicable Law, to enforce rate regulations
prescribed by the FCC, and to establish procedures for said regulation or enforcement.
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(b) Notice of Change in Rates and Charges. Throughout the term of this
Franchise, Grantee shall give the City and all Subscribers within the City at least thirty
(30) Days' notice of any intended modifications or additions to Subscriber rates or
charges. Nothing in this Subsection shall be construed to prohibit the reduction or
waiving of rates or charges in conjunction with promotional campaigns for the purpose of
attracting Subscribers or users.
(c) Rate Discrimination Prohibited. Within any category of Subscribers,
Grantee shall not discriminate among Subscribers with regard to rates and charges made
for any service based on considerations of race, color, creed, sex, marital or economic
status, national origin, sexual preference, or(except as allowed by Applicable Law)
neighborhood of residence, except as otherwise provided herein; and for purposes of
setting rates and charges, no categorization of Subscribers shall be made by Grantee on
the basis of those considerations. Nevertheless, Grantee shall be permitted to establish (1)
discounted rates and charges for providing Cable Service to low-income, handicapped, or
low-income elderly Subscribers, (2)promotional rates, and(3) bulk rate and package
discount pricing.
SECTION 9
BOND.
9.1 Performance Bond. Upon the Effective Date of this Franchise and at all times
thereafter Grantee shall maintain with City a bond in the sum of One Hundred Thousand Dollars
($100,000.00) in such form and with such sureties as shall be acceptable to City, conditioned
upon the faithful performance by Grantee of this Franchise and the acceptance hereof given by
City and upon the further condition that in the event Grantee shall fail to comply with any law,
ordinance or regulation, there shall be recoverable jointly and severally from the principal and
surety of the bond, any damages or losses suffered by City as a result, including the full amount
of any compensation, indemnification or cost of removal of any property of Grantee, including a
reasonable allowance for attorneys' fees and costs (with interest at two percent(2%) in excess of
the then prime rate), up to the full amount of the bond, and which bond shall further guarantee
payment by Grantee of all claims and liens against City or any, public property, and taxes due to
City, which arise by reason of the construction, operation, maintenance or use of the Cable
System. The City shall provide Grantee reasonable advanced notice of not less than ten (10)
Days prior to any draw by the City on the performance bond required under this Section 9.
9.2 Rights. The rights reserved by City with respect to the bond are in addition to all
other rights the City may have under this Franchise or any other law.
9.3 Reduction of Bond Amount. City may, in its sole discretion, reduce the amount
of the bond.
SECTION 10
SECURITY FUND
10.1 Security Fund. If there is an uncured breach by Grantee of a material provision of
this Franchise or a pattern of repeated violations of any provision(s) of this Franchise, then
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Grantee shall,upon written request, establish and provide to the City, as security for the faithful
performance by Grantee of all of the provisions of this Franchise, a letter of credit from a
financial institution satisfactory to the City in the amount of Twenty Thousand and No/100
Dollars ($20,000.00). In no event shall Grantee fail to post a Twenty Thousand and No/100
Dollar($20,000.00) letter of credit within thirty(30) days receipt of a notice of franchise
violation pursuant to this Section 10.1. Failure to post said letter of credit shall constitute a
separate material violation of this Franchise,unless the breach is cured within such thirty(30)
Day period or longer period allowed under the Franchise. The letter of credit shall serve as a
common security fund for the faithful performance by Grantee of all the provisions of this
Franchise and compliance with all orders,permits and directions of the City and the payment by
Grantee of any claim, liens, costs, expenses and taxes due the City which arise by reason of the
construction, operation or maintenance of the Cable System. Interest on this deposit shall be paid
to Grantee by the bank on an annual basis. The security may be terminated by the Grantee upon
the resolution of the alleged noncompliance. The obligation to establish the security fund
required by this paragraph is unconditional. The fund must be established in those circumstances
where Grantee disputes the allegation that it is not in compliance, and maintained for the
duration of the dispute. If Grantee fails to establish the security fund as required, the City may
take whatever action is appropriate to require the establishment of that fund and may recover its
costs, reasonable attorneys' fees, and an additional penalty of Two Thousand Dollars ($2,000) in
that action.
10.2 Withdrawal of Funds. Provision shall be made to permit the City to withdraw
funds from the security fund. Grantee shall not use the security fund for other purposes and shall
not assign,pledge or otherwise use this security fund as security for any purpose.
10.3 Restoration of Funds. Within ten(10) Days after notice to it that any amount has
been withdrawn by the City from the security fund pursuant to 10.4 of this section, Grantee shall
deposit a sum of money sufficient to restore such security fund to the required amount.
10.4 Liquidated Damages. In addition to recovery of any monies owed by Grantee to
City or damages to City 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 security fund the following
liquidated damages:
(a) For failure to provide data, documents, reports or information or to
cooperate with City during an application process or System review, the liquidated
damage shall be One Hundred Dollars ($100.00)per Day for each Day, or part thereof,
such failure occurs or continues.
(b) For failure to comply with any of the provisions of this Franchise for
which a penalty is not otherwise specifically provided pursuant to this Paragraph 10.4,
the liquidated damage shall be One Hundred Fifty Dollars ($150.00)per Day for each
Day, or part thereof, such failure occurs or continues.
(c) For failure to test, analyze and report on the performance of the System
following a request by City, the liquidated damage shall be Two Hundred Fifty Dollars
($250.00)per Day for each Day, or part thereof, such failure occurs or continues.
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(d) Forty-five Days following notice from City of a failure of Grantee to
comply with construction, operation or maintenance standards, the liquidated damage
shall be Two Hundred Dollars ($200.00)per Day for each Day, or part thereof, such
failure occurs or continues.
(e) For failure to provide the services Grantee has proposed, including but not
limited to the implementation and the utilization of the Access Channels the liquidated
damage shall be One Hundred Fifty($150.00)per Day for each Day, or part thereof, such
failure occurs or continues.
10.5 Each Violation a Separate Violation. Each violation of any provision of this
Franchise shall be considered a separate violation for which separate liquidated damages can be
imposed.
10.6 Maximum 120 Days. Any liquidated damages for any given violation shall be
imposed upon Grantee for a maximum of one hundred twenty(120) Days. If after that amount
of time Grantee has not cured or commenced to cure the alleged breach to the satisfaction of the
City, the City may pursue all other remedies.
10.7 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes
due and unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall
be compelled to pay by reason of any act or default of the Grantee in connection with this
Franchise; or fails, after thirty(30) Days notice of such failure by the City to comply with any
provision of the Franchise which the City reasonably determines can be remedied by an
expenditure of the security, the City may then withdraw such funds from the security fund.
Payments are not Franchise Fees as defined in Section 16 of this Franchise.
10.8 Procedure for Draw on Security Fund. Whenever the City finds that Grantee
has allegedly violated one (1) or more terms, conditions or provisions of this Franchise, a written
notice shall be given to Grantee. The written notice shall describe in reasonable detail the alleged
violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have thirty
(30) Days subsequent to receipt of the notice in which to correct the violation before the City
may require Grantee to make payment of damages, and further to enforce payment of damages
through the security fund. Grantee may, within ten (10) Days of receipt of notice, notify the City
that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by
Grantee shall specify with particularity the matters disputed by Grantee and shall stay the
running of the above-described time.
(a) City shall hear Grantee's dispute at the next regularly scheduled or
specially scheduled Council meeting. Grantee shall have the right to speak and introduce
evidence. The City shall determine if Grantee has committed a violation and shall make
written findings of fact relative to its determination. If a violation is found, Grantee may
petition for reconsideration.
(b) If after hearing the dispute, the claim is upheld by the City, then Grantee
shall have thirty(30) Days within which to remedy the violation before the City may
require payment of all liquidated damages due it.
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10.9 Time for Correction of Violation. The time for Grantee to correct any alleged
violation may be extended by the City if the necessary action to collect the alleged violation is of
such a nature or character as to require more than thirty(30) Days within which to perform
provided Grantee commences corrective action within fifteen(15) Days and thereafter uses
reasonable diligence, as determined by the City, to correct the violation.
10.10 Grantee's Right to Pay Prior to Security Fund Draw. Grantee shall have the
opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails to
promptly remit payment to the City, the City may resort to a draw from the security fund in
accordance with the terms of this Section 10 of the Franchise.
10.11 Failure to so Replenish Security Fund. If any security fund is not so replaced,
City may draw on said security fund for the whole amount thereof and hold the proceeds,
without interest, and use the proceeds to pay costs incurred by City in performing and paying for
any or all of the obligations, duties and responsibilities of Grantee under this Franchise that are
not performed or paid for by Grantee pursuant hereto, including attorneys' fees incurred by the
City in so performing and paying. The failure to so replace any security fund may also, at the
option of City,be deemed a default by Grantee under this Franchise. The drawing on the
security fund 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.
10.12 Collection of Funds Not Exclusive Remedy. The collection by City of any
damages or monies from the security fund shall not affect any other right or remedy available to
City, nor shall any act, or failure to act,by City pursuant to the security fund, be deemed a
waiver of any right of City pursuant to this Franchise or otherwise. Notwithstanding this section,
however, should the City elect to impose liquidated damages that remedy shall remain the City's
exclusive remedy for the one hundred twenty(120) Day period set forth in Section 10.6.
SECTION 11
DEFAULT
11.1 Basis for Default. City shall give written notice of default to Grantee if City, in
its sole discretion, determines that Grantee has:
(a) Violated any material provision of this Franchise or the acceptance hereto
or any rule, order, regulation or determination of the City, state or federal government,
not in conflict with this Franchise;
(b) Attempted to evade any provision of this Franchise or the acceptance
hereof;
(c) Practiced any fraud or deceit upon City or Subscribers; or
(d) Made a material misrepresentation of fact in the application for or
negotiation of this Franchise.
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11.2 Default Procedure. If Grantee fails to cure such default within thirty(30) Days
after the giving of such notice (or if such default is of such a character as to require more than
thirty(30) Days within which to cure the same, and Grantee fails to commence to cure the same
within said thirty(30) Day period and thereafter fails to use reasonable diligence, in City's sole
opinion, to cure such default as soon as possible), then, and in any event, such default shall be a
substantial breach and City may elect to terminate the Franchise. The City may place the issue of
revocation and termination of this Franchise before the governing body of City at a regular
meeting. If City decides there is cause or reason to terminate, the following procedure shall be
followed:
(a) City shall provide Grantee with a written notice of the reason or cause for
proposed termination and shall allow Grantee a minimum of thirty(30) Days subsequent
to receipt of the notice in which to correct the default.
(b) Grantee shall be provided with an opportunity to be heard at a public
hearing prior to any decision to terminate this Franchise.
(c) If, after notice is given and an opportunity to cure, at Grantee's option, a
public hearing is held, and the City determines there was a violation, breach, failure,
refusal or neglect, the City may declare by resolution the Franchise revoked and of no
further force and effect unless there is compliance within such period as the City may fix,
such period may not be less than thirty(30) Days provided no opportunity for compliance
need be granted for fraud or misrepresentation.
11.3 Mediation. If the Grantee and City are unable to resolve a dispute through
informal negotiations during the period of thirty(30) Days following the submission of the claim
giving rise to the dispute by one (1)party to the other, then unless that claim has been waived as
provided in the Franchise, such claim may be subject to mediation if jointly agreed upon by both
parties. Unless the Grantee and City mutually agree otherwise, such mediation shall be in
accordance with the rules of the American Arbitration Association currently in effect at the time
of the mediation. A party seeking mediation shall file a request for mediation with the other
party to the Franchise and with the American Arbitration Association. The request may be made
simultaneously with the filing of a complaint, but, in such event, mediation shall proceed in
advance of legal proceedings only if the other party agrees to participate in mediation. Mutually
agreed upon Mediation shall stay other enforcement remedies of the parties for a period of ninety
(90) days from the date of filing,unless stayed for a longer period by agreement of the Grantee
and City. The Grantee and City shall each pay one-half of the mediator's fee and any filing fees.
The mediation shall be held in the City unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as a settlement agreement in any court
having jurisdiction thereof. Nothing herein shall serve to modify or on any way delay the
franchise enforcement process set forth in Section 10 of this Franchise.
11.4 Failure to Enforce. Grantee shall not be relieved of any of its obligations to
comply promptly with any provision of the Franchise by reason of any failure of the City to
enforce prompt compliance, and City's failure to enforce shall not constitute a waiver of rights or
acquiescence in Grantee's conduct.
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11.5 Compliance with the 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 (1) year after
they become effective,unless otherwise stated, and shall 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.
SECTION 12
FORECLOSURE AND RECEIVERSHIP
12.1 Foreclosure. Upon the foreclosure or other judicial sale of the Cable System,
Grantee shall notify the City of such fact and such notification shall be treated as a notification
that a change in control of Grantee has taken place, and the provisions of this Franchise
governing the consent to transfer or change in ownership shall apply without regard to how such
transfer or change in ownership occurred.
12.2 Receivership. The City shall have the right to cancel this Franchise subject to any
applicable provisions of state law, including the Bankruptcy Act, one hundred twenty(120) Days
after the appointment of a receiver or trustee to take over and conduct the business of Grantee,
whether in receivership, reorganization,bankruptcy or other action or proceeding, unless such
receivership or trusteeship shall have been vacated prior to the expiration of said one hundred
twenty(120) Days, or unless:
(a) Within one hundred twenty(120) Days after his election or appointment,
such receiver or trustee shall have fully complied with all the provisions of this Franchise
and remedied all defaults thereunder; and,
(b) Such receiver or trustee, within said one hundred twenty(120) Days, shall
have executed an agreement, duly approved by the Court having jurisdiction in the
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premises, whereby such receiver or trustee assumes and agrees to be bound by each and
every provision of this Franchise.
SECTION 13
REPORTING REQUIREMENTS
13.1 Quarterly Reports. Within forty-five (45) calendar days after the end of each
calendar quarter, Grantee shall submit to the City along with its Franchise Fee payment a report
showing the basis for computation of such fees prepared by an officer, or designee of Grantee
showing the basis for the computation of the Franchise Fees paid during that period in a form
and substance substantially equivalent to Exhibit B attached hereto. This report shall separately
indicate revenues received by Grantee within the City including,but not limited to such items as
listed in the definition of"Gross Revenues" at Section 1 of this Franchise.
13.2 Monitoring and Compliance Reports. Upon request,but no more than once a
year, Grantee shall provide a written report of any and all applicable FCC technical performance
tests for the residential network required in FCC Rules and Regulations as now or hereinafter
constituted. In addition, Grantee shall provide City with copies of reports of the semi-annual test
and compliance procedures applicable to Grantee and established by this Franchise no later than
thirty(30) Days after the completion of each series of tests.
13.3 Reports. Upon request of the City and in no event later than thirty(30) Days from
the date of receipt of such request, Grantee shall, free of charge,prepare and furnish to the City,
at the times and in the form prescribed that Grantee is technically capable of producing, such
additional reports with respect to its operation, affairs, transactions, or property, as may be
reasonably necessary to ensure compliance with the terms of this Franchise. Grantee and City
may in good faith agree upon taking into consideration Grantee's need for the continuing
confidentiality as prescribed herein. Neither City nor Grantee shall unreasonably demand or
withhold information requested pursuant with the terms of this Franchise.
13.4 Communications with Regulatory Agencies.
(a) Upon written request, Grantee shall submit to City copies of any pleading,
applications, notifications, communications and documents of any kind, submitted by
Grantee or its Affiliates to any federal, State or local courts, regulatory agencies and other
government bodies if such documents directly relate to the operations of Grantee `s Cable
System within the Franchise Area. Grantee shall submit such documents to City no later
than thirty(30) Days after receipt of City's request. Grantee shall not claim confidential,
privileged or proprietary rights to such documents unless under federal, State, or local
law such documents have been determined to be confidential by a court of competent
jurisdiction, or a federal or State agency. With respect to all other reports, documents and
notifications provided to any federal, State or local regulatory agency as a routine matter
in the due course of operating Grantee `s Cable System within the Franchise Area,
Grantee shall make such documents available to City upon City's written request.
(b) In addition, Grantee and its Affiliates shall within ten (10) Days of any
communication to or from any judicial or regulatory agency regarding any alleged or
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actual violation of this Franchise, City regulation or other requirement relating to the
System,use its best efforts to provide the City a copy of the communication, whether
specifically requested by the City to do so or not.
SECTION 14
CUSTOMER SERVICE POLICIES
14.1 Response to Customers and Cooperation with City. Grantee shall promptly
respond to all requests for service, repair, installation and information from Subscribers. Grantee
acknowledges the City's interest in the prompt resolution of all cable complaints and shall work
in close cooperation with the City to resolve complaints.
14.2 Definition of"Complaint." For the purposes of Section 14, with the exception of
Subsection 14.5, a"complaint" shall mean any communication to Grantee or to the City by a
Subscriber or a Person who has requested Cable Service; a Person expressing dissatisfaction with
any service,performance, or lack thereof, by Grantee under the obligations of this Franchise.
14.3 Customer Service Agreement and Written Information. Grantee shall provide
to Subscribers a comprehensive service agreement and information in writing for use in
establishing Subscriber service. Written information shall, at a minimum, contain the following
information:
(a) Services to be provided and rates for such services.
(b) Billing procedures.
(c) Service termination procedure.
(d) Change in service notifications.
(e) Liability specifications.
(f) Set Top Boxes/Subscriber terminal equipment policy.
(g) How complaints are handled including Grantee's procedure for
investigation and resolution of Subscriber complaints.
(h) The name, address, and phone number of the Person identified by the City
as responsible for handling cable questions and complaints for the City. This information
shall be prominently displayed and Grantee shall submit the information to the City for
review and approval as to its content and placement on Subscriber billing statements.
(i) A copy of the written information shall be provided to each Subscriber at
the time of initial Connection and any subsequent reconnection.
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14.4 Reporting Complaints.
(a) The requirements of this Section 14.4 shall be subject to federal law
regarding Subscriber privacy. Grantee shall maintain all Subscriber data available for
City inspection. Subscriber data shall include the date, name, address, telephone number
of Subscriber complaints as well as the subject of the complaint, date and type of action
taken to resolve the complaint, any additional action taken by Grantee or the Subscriber.
The data shall be maintained in a way that allows for simplified access of the data by the
City.
(b) Subject to federal law and upon reasonable request by the City, Grantee
shall, within a reasonable amount of time,provide City with such Subscriber data for its
review.
14.5 Customer Service Standards. The City hereby adopts the customer service
standards set forth in Part 76, §76.309 of the FCC's rules and regulations, as amended. Grantee
shall, upon request, which request shall include the reason for the request(such as complaints
received or other reasonable evidence of concern), provide City with information which shall
describe in detail Grantee's compliance with each and every term and provision of this Section
14.5. Grantee shall comply in all respects with the customer service requirements established by
the FCC and those set forth herein. To the extent that this Franchise imposes requirements
greater than those established by the FCC, Grantee reserves whatever rights it may have to
recover the costs associated with compliance in any manner consistent with Applicable Law.
14.6 Local Office. During the term of the Franchise the Grantee shall comply with
one of the following requirements:
(a) Grantee shall maintain a convenient local customer service and bill
payment location for matters such as receiving Subscriber payments, handling billing
questions, equipment replacement and customer service information. Grantee shall
comply with the standards and requirements for customer service set forth below during
the term of this Franchise.
(b) Grantee shall maintain convenient local Subscriber service and bill
payment locations for the purpose of receiving Subscriber payments or equipment
returns. Unless otherwise requested by the Subscriber, Grantee shall deliver replacement
equipment directly to the Subscriber at no cost to the Subscriber. The Grantee shall
maintain a business office or offices for the purpose of receiving and resolving all
complaints regarding the quality of service, equipment malfunctions, billings disputes
and similar matters. The office must be reachable by a local, toll-free telephone call, and
Grantee shall provide the City with the name, address and telephone number of an office
that will act as the Grantee's agent to receive complaints, regarding quality of service,
equipment malfunctions, billings, and similar matters. At a minimum Grantee shall also
provide the following:
(i) Subscribers can remit payments at multiple third party commercial
locations within the City(such as grocery stores or the Western Union).
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(ii) Grantee will provide a service technician to any Qualified Living
Unit in the City, free of charge to the Subscriber, where necessary to install,
replace or troubleshoot equipment issues.
(iii) Subscribers shall be able to return and receive equipment, free of
charge, via national overnight courier service (such as Fed Ex or UPS) if a service
technician is not required to visit the Subscriber's Qualified Living Unit.
(iv) In the event Grantee provides Cable Service to a minimum of
thirty percent(30%) of the total number of Cable Service Subscribers in the City
served by cable operators franchised by the City, the Grantee shall then be
required to also comply with the requirements of Section 14.6 (a) above.
14.7 Cable System office hours and telephone availability.
(a) Grantee will maintain a local, toll-free or collect call telephone access line
which will be available to its Subscribers twenty-four(24)hours a Day, seven(7) Days a
week.
(i) Trained Grantee representatives will be available to respond to
customer telephone inquiries during Normal Business Hours.
(ii) After Normal Business Hours, the access line may be answered by
a service or an automated response system, including an answering machine.
Inquiries received after Normal Business Hours must be responded to by a trained
Grantee representative on the next business Day.
(b) 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 percent(90%) of the
time under Normal Operating Conditions, measured on a quarterly basis.
(c) Grantee shall not be required to acquire equipment or perform surveys to
measure compliance with the telephone answering standards above unless an historical
record of complaints indicates a clear failure to comply.
(d) Under Normal Operating Conditions, the customer will receive a busy
signal less than three percent(3%) of the time.
(e) Customer service center and bill payment locations will be open at least
during Normal Business Hours and will be conveniently located.
14.8 Installations, Outages and Service Calls. Under Normal Operating Conditions,
each of the following standards will be met no less than ninety-five percent (95%) of the time
measured on a quarterly basis:
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(a) Standard Installations will be performed within seven (7)business days
after an order has been placed. "Standard" Installations are those to a Qualified Living
Unit.
(b) Excluding conditions beyond the control of Grantee, Grantee will begin
working on"Service Interruptions"promptly and in no event later than twenty-four(24)
hours after the interruption becomes known. Grantee must begin actions to correct other
Service problems the next business Day after notification of the Service problem.
(c) The "appointment window" alternatives for Installations, Service calls,
and other Installation activities will be either a specific time or, at maximum, a four(4)
hour time block during Normal Business Hours. (Grantee may schedule Service calls and
other Installation activities outside of Normal Business Hours for the express
convenience of the customer.)
(d) Grantee may not cancel an appointment with a customer after the close of
business on the business Day prior to the scheduled appointment.
(e) If Grantee's representative is running late for an appointment with a
customer and will not be able to keep the appointment as scheduled, the customer will be
contacted. The appointment will be rescheduled, as necessary, at a time which is
convenient for the customer.
14.9 Communications between Grantee and Subscribers.
(a) Refunds. Refund checks will be issued promptly, but no later than either:
(i) The customer's next billing cycle following resolution of the
request or thirty(30) Days, whichever is earlier, or
(ii) The return of the equipment supplied by Grantee if Cable Service
is terminated.
(b) Credits. Credits for Cable Service will be issued no later than the
customer's next billing cycle following the determination that a credit is warranted.
14.10 Billing.
(a) Consistent with 47 C.F.R. § 76.1619,bills will be clear, concise and
understandable. Bills must be fully itemized, with itemizations including, but not limited
to, Basic Cable Service and premium Cable Service charges and equipment charges.
Bills will also clearly delineate all activity during the billing period, including optional
charges, rebates and credits.
(b) In case of a billing dispute, Grantee must respond to a written complaint
from a Subscriber within thirty(30) Days.
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14.11 Subscriber Information. Grantee will provide written information on each of the
following areas at the time of Installation of Service, at least annually to all Subscribers, and at
any time upon request:
(a) Products and Services offered;
(b) Prices and options for programming services and conditions of
subscription to programming and other services;
(c) Installation and Service maintenance policies;
(d) Instructions on how to use the Cable Service;
(e) Channel positions of programming carried on the System; and
(f) Billing and complaint procedures, including the address and telephone
number of the City's cable office.
Subscribers shall be advised of the procedures for resolution of complaints about the
quality of the television signal delivered by Grantee, including the address of the responsible
officer of the City. Subscribers will be notified of any changes in rates, programming services or
Channel positions as soon as possible in writing. Notice must be given to Subscribers a
minimum of thirty(30) Days in advance of such changes if the change is within the control of
Grantee. In addition, Grantee shall notify Subscribers thirty(30) Days in advance of any
significant changes in the information required by this Section 14.11.
14.12 Notice or Rate Programming Change. In addition to the requirement of this
Section 14.12 regarding advance notification to Subscribers of any changes in rates,
programming services or Channel positions, Grantee shall give thirty(30) Days written notice to
both Subscribers and the City before implementing any rate or Service change. If required by
Applicable Law, such notice shall state the precise amount of any rate change and briefly explain
in readily understandable fashion the cause of the rate change (e.g., inflation, change in external
costs or the addition/deletion of Channels). When the change involves the addition or deletion of
Channels, each Channel added or deleted must be separately identified. For purposes of the
carriage of digital broadcast signals, Grantee need only identify for Subscribers, the television
signal added and not whether that signal may be multiplexed during certain dayparts.
14.13 Subscriber Contracts. Grantee shall,upon written request, provide the City with
any standard form residential 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 standard
form Subscriber contract(s) shall be available for public inspection during Normal Business
Hours. A list of Grantee's current Subscriber rates and charges for Cable Service shall be
maintained on file with City and shall be available for public inspection.
14.14 Refund Policy. If a Subscriber's Cable Service is interrupted or discontinued,
without cause, for twenty-four(24) or more consecutive hours, Grantee shall, upon request by
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the Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every
month will be assumed to have thirty(30) Days.
14.15 Late Fees. Grantee shall comply with all applicable state and federal laws with
respect to any assessment, charge, cost, fee or sum, however characterized, that Grantee imposes
upon a Subscriber for late payment of a bill. The City reserves the right to enforce Grantee's
compliance with all Applicable Laws to the maximum extent legally permissible.
14.16 Disputes. All Subscribers and members of the general public may direct
complaints, regarding Grantee's Service or performance to the chief administrative officer of the
City or the chief administrative officer's designee, which may be a board or Commission of the
City.
14.17 Customer Bills. Customer bills shall be designed in such a way as to present the
information contained therein clearly and comprehensibly to Customers, and in a way that(A) is
not misleading and(B) does not omit material information. Notwithstanding anything to the
contrary in Section 14.10, above, Grantee may, in its sole discretion, consolidate costs on
Customer bills as may otherwise be permitted by Section 622(c) of the Cable Act(47 U.S.C.
§542(c)).
14.18 Failure to Resolve Complaints. Grantee must investigate and act upon any
service complaint promptly and in no event later than twenty-four(24)hours after the problem
becomes known. Grantee must address, and if feasible, resolve service complaints within three
(3) calendar days.
14.19 Maintain a Complaint Phone Line. Grantee shall maintain a local or toll-free
telephone Subscriber complaint line, available to its Subscribers twenty-four(24)hours per Day,
seven(7) Days a week.
14.20 Notification of Complaint Procedure. Grantee shall have printed clearly and
prominently on each Subscriber bill and in the customer service agreement provided for in
Section 14.3, the twenty-four(24)hour Grantee phone number for Subscriber complaints.
Additionally, Grantee shall provide information to customers concerning the procedures to
follow when they are unsatisfied with measures taken by Grantee to remedy their complaint.
This information will include the phone number of the City office or Person designated to handle
complaints. Additionally, where possible Grantee shall state that complaints should be made to
Grantee prior to contacting the City.
14.21 Subscriber Privacy.
(a) To the extent required by Minn. Stat. §238.084 Subd. 1(s) Grantee shall
comply with the following: No signals including signals of a Class IV Channel may be
transmitted from a Subscriber terminal for purposes of monitoring individual viewing
patterns or practices without the express written permission of the Subscriber. The
request for permission must be contained in a separate document with a prominent
statement that the Subscriber is authorizing the permission in full knowledge of its
provisions. Such written permission shall be for a limited period of time not to exceed
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one (1) year which may be renewed at the option of the Subscriber. No penalty shall be
invoked for a Subscriber's failure to provide or renew such permission. The permission
shall be revocable at any time by the Subscriber without penalty of any kind whatsoever.
(b) No information or data obtained by monitoring transmission of a signal
from a Subscriber terminal, including but not limited to lists of the names and addresses
of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or
otherwise made available to any party other than to Grantee or its agents for Grantee's
business use, and also to the Subscriber subject of that information, unless Grantee has
received specific written permission from the Subscriber to make such data available.
The request for permission must be contained in a separate document with a prominent
statement that the Subscriber is authorizing the permission in full knowledge of its
provisions. Such written permission shall be for a limited period of time not to exceed
one (1) year which may be renewed at the option of the Subscriber. No penalty shall be
invoked for a Subscriber's failure to provide or renew such permission. The permission
shall be revocable at any time by the Subscriber without penalty of any kind whatsoever.
(c) Written permission from the Subscriber shall not be required for the
conducting of system wide or individually addressed electronic sweeps for the purpose of
verifying System integrity or monitoring for the purpose of billing. Confidentiality of
such information shall be subject to the provision set forth in subparagraph (b) of this
section.
14.22 Grantee Identification. Grantee shall provide all customer service technicians and
all other Grantee employees entering private property with appropriate picture identification so
that Grantee employees may be easily identified by the property owners and Subscribers.
SECTION 15
SUBSCRIBER PRACTICES
15.1 Subscriber Rates. There shall be no charge for disconnection of any installation
or outlet. If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other
properly due fee or charge, Grantee may disconnect the Subscriber's service outlet, provided,
however, that such disconnection shall not be effected until after the later of: (i) forty-five (45)
Days after the original due date of said delinquent fee or charge; or(ii) ten(10) Days after
delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before
expiration of the later of(i) or(ii), Grantee shall not disconnect. After disconnection, upon
payment in full of the delinquent fee or charge and the payment of a reconnection charge,
Grantee shall promptly reinstate the Subscriber's Cable Service.
15.2 Refunds to Subscribers shall be made or determined in the following manner:
(a) If Grantee fails, upon request by a Subscriber, to provide any service then
being offered, Grantee shall promptly refund all deposits or advance charges paid for the
service in question by said Subscriber. This provision does not alter Grantee's
responsibility to Subscribers under any separate contractual agreement or relieve Grantee
of any other liability.
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(b) If any Subscriber terminates any monthly service because of failure of
Grantee to render the service in accordance with this Franchise, Grantee shall refund to
such Subscriber the proportionate share of the charges paid by the Subscriber for the
services not received. This provision does not relieve Grantee of liability established in
other provisions of this Franchise.
(c) If any Subscriber terminates any monthly service prior to the end of a
prepaid period, a proportionate amount of any prepaid Subscriber service fee,using the
number of days as a basis, shall be refunded to the Subscriber by Grantee.
SECTION 16
COMPENSATION AND FINANCIAL PROVISIONS.
16.1 Franchise Fees. During the term of the Franchise, Grantee shall pay to the City a
Franchise Fee of five percent (5%) of Gross Revenues. If any such law, regulation or valid rule
alters the five percent(5%) Franchise Fee ceiling enacted by the Cable Act, then the City shall
have the authority to (but shall not be required to) increase the Franchise Fee accordingly,
provided such increase is for purposes not inconsistent with Applicable Law. In the event
Grantee bundles or combines Cable Services (which are subject to the Franchise Fee)with non-
Cable Services (which are not subject to the Franchise Fee) so that Subscribers pay a single fee
for more than one (1) class of service resulting in a discount on Cable Services, Grantee agrees
that for the purpose of calculation of the Franchise Fee, it shall allocate to Cable Service revenue
no less than a pro rata share of the revenue received for the bundled or combined services. The
pro rata share shall be computed on the basis of the published charge for each service in the
bundled or combined classes of services when purchased separately.
(a) Franchise Fees shall be paid quarterly not later than forty-five (45) Days
following the end of a given quarter. In accordance with Section 16 of this Franchise,
Grantee shall file with the City a Franchise Fee payment worksheet, attached as Exhibit
B, signed by an authorized representative of Grantee, which identifies Gross Revenues
earned by Grantee during the period for which payment is made. No acceptance of any
payment shall be construed as an accord that the amount paid is in fact, the correct
amount, nor shall such acceptance of payment be construed as a release of any claim
which the City may have for further or additional sums payable under the provisions of
this section.
(b) Neither current nor previously paid Franchise Fees shall be subtracted
from the Gross Revenue amount upon which Franchise Fees are calculated and due for
any period,unless otherwise required by Applicable Law.
(c) Any Franchise Fees owing pursuant to this Franchise which remain unpaid
more than forty-five (45) Days after the dates specified herein shall be delinquent and
shall thereafter accrue interest at twelve percent(12%)per annum or two percent(2%)
above prime lending rate as quoted by the Wall Street Journal, whichever is greater.
(d) In no event shall the Grantee be required to pay a Franchise Fee
percentage in excess of that paid by incumbent cable provider.
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16.2 Auditing and Financial Records. Throughout the term of this Franchise, the
Grantee agrees that the City,upon reasonable prior written notice of not less than twenty(20)
Days to the Grantee, may review such of the Grantee's books and records regarding the
operation of the Cable System and the provision of Cable Service in the Franchise Area which
are reasonably necessary to monitor and enforce Grantee's compliance with the provisions of
this Franchise. Grantee shall provide such requested information as soon as possible and in no
event more than thirty(30) Days after the notice unless Grantee explains that it is not feasible to
meet this timeline and provides a written explanation for the delay and an estimated reasonable
date for when such information will be provided. All such documents pertaining to financial
matters that may be the subject of an inspection by the City shall be retained by the Grantee for a
minimum period of six (6) years,pursuant to Minnesota Statutes Section 541.05. The Grantee
shall not deny the City access to any of the Grantee's records on the basis that the Grantee's
records are under the control of any parent corporation, Affiliated entity or a third party. The
City may request in writing copies of any such records or books that are reasonably necessary,
and the Grantee shall provide such copies within thirty(30) Days of the receipt of such request.
One (1) copy of all reports and records required under this or any other section shall be furnished
to the City at the sole expense of the Grantee. If the requested books and records are too
voluminous, or for security reasons cannot be copied or removed, then the Grantee may request,
in writing within ten(10) Days of receipt of such request, that the City inspect them at the
Grantee's local offices or at one of Grantee's offices more convenient to City or its duly
authorized agent. If any books or records of the Grantee are not kept in such office and not made
available in copies to the City upon written request as set forth above, and if the City determines
that an examination of such records is necessary for the enforcement of this Franchise, then all
reasonable travel expenses incurred in making such examination shall be paid by the Grantee.
16.3 Review of Record Keeping Methodology. Grantee agrees to meet with
representative of the City upon request to review its methodology of record-keeping, financial
reporting, computing Franchise Fee obligations, and other procedures the understanding of
which the City deems necessary for understanding the meaning of reports and records related to
the Franchise.
16.4 Audit of Records. The City or its authorized agent may at any time and at the
City's own expense conduct an independent audit of the revenues of Grantee in order to verify
the accuracy of Franchise Fees paid to the City. Grantee shall cooperate fully in the conduct of
such audit and shall produce all necessary records related to the provision of Cable Services
regardless of which corporate entity controls such records. In the event it is determined through
such audit that Grantee has underpaid Franchise Fees in an amount of five percent (5%) or more
than was due the City, then Grantee shall reimburse the City for the entire reasonable cost of the
audit within thirty(30) days of the completion and acceptance of the audit by the City.
16.5 Records to be reviewed. The City agrees to request access to only those books
and records, in exercising its rights under this section, which it deems reasonably necessary for
the enforcement and administration of the Franchise.
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16.6 Indemnification by Grantee.
(a) Grantee shall, at its sole expense, fully indemnify, defend and hold
harmless the City, and in their capacity as such, the officers and employees thereof, from
and against any and all claims, suits, actions, liability and judgments for damage or
otherwise except those arising wholly from negligence on the part of the City or its
employees; for actual or alleged injury to persons or property, including loss of use of
property due to an occurrence, whether or not such property is physically damaged or
destroyed, in any way arising out of or through or alleged to arise out of or through the
acts or omissions of Grantee or its officers, agents, employees, or contractors or to which
Grantee's or its officers, agents, employees or contractors acts or omissions in any way
contribute, and whether or not such acts or omissions were authorized or contemplated by
this Franchise or Applicable Law; arising out of. or alleged to arise out of any claim for
damages for Grantee's invasion of the right of privacy, defamation of any Person, firm or
corporation, or the violation of infringement of any copyright, trademark, trade name,
service mark or patent, or of any other right of any Person, firm or corporation; arising
out of or alleged to arise out of Grantee's failure to comply with the provisions of any
Applicable Law. Nothing herein shall be deemed to prevent the City, its officers, or its
employees from participating in the defense of any litigation by their own counsel at such
parties' expense. Such participation shall not under any circumstances relieve Grantee
from its duty of defense against liability or of paying any judgment entered against the
City, its officers, or its employees.
(b) Grantee shall contemporaneously with this Franchise execute an
Indemnity Agreement in a form acceptable to the City attached hereto as Exhibit C,
which shall indemnify, defend and hold the City 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 in granting
this Franchise. This obligation includes any claims by another franchised cable operator
against the City 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 Law(s).
16.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense
take out and maintain during the term of this Franchise public liability insurance with a company
licensed to do business in the state of Minnesota with a rating by A.M. Best& Co. of not less
than"A-"that shall protect the Grantee, City and its officials, officers, directors, employees and
agents from claims which may arise from operations under this Franchise, whether such
operations be by the Grantee, its officials, officers, directors, employees and agents or any
subcontractors of Grantee. This liability insurance shall include, but shall not be limited to,
protection against claims arising from bodily and personal injury and damage to property,
resulting from Grantee's vehicles, products and operations. The amount of insurance for single
limit coverage applying to bodily and personal injury and property damage shall not be less than
Three Million Dollars ($3,000,000). The liability policy shall include:
(a) The policy shall provide coverage on an "occurrence"basis.
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(b) The policy shall cover personal injury as well as bodily injury.
(c) The policy shall cover blanket contractual liability subject to the standard
universal exclusions of contractual liability included in the carrier's standard
endorsement as to bodily injuries,personal injuries and property damage.
(d) Broad form property damage liability shall be afforded.
(e) City shall be named as an additional insured on the policy.
(f) An endorsement shall be provided which states that the coverage is
primary insurance with respect to claims arising from Grantee's operations under this
Franchise and that no other insurance maintained by the Grantor will be called upon to
contribute to a loss under this coverage.
(g) Standard form of cross-liability shall be afforded.
(h) An endorsement stating that the policy shall not be canceled without thirty
(30) Days notice of such cancellation given to City
(i) City reserves the right to adjust the insurance limit coverage requirements
of this Franchise no more than once every three (3) years. Any such adjustment by City
will be no greater than the increase in the State of Minnesota Consumer Price Index (all
consumers) for such three (3) year period.
(j) Upon the Effective Date, Grantee shall submit to City a certificate
documenting the required insurance, as well as any necessary properly executed
endorsements. The certificate and documents evidencing insurance shall be in a form
acceptable to City and shall provide satisfactory evidence that Grantee has complied with
all insurance requirements. Renewal certificates shall be provided to City prior to the
expiration date of any of the required policies. City will not be obligated, however, to
review such endorsements or certificates or other evidence of insurance, or to advise
Grantee of any deficiencies in such documents and receipt thereof shall not relieve
Grantee from, nor be deemed a waiver of, City's right to enforce the terms of Grantee's
obligations hereunder. City reserves the right to examine any policy provided for under
this paragraph or to require further documentation reasonably necessary to form an
opinion regarding the adequacy of Grantee's insurance coverage.
SECTION 17
MISCELLANEOUS PROVISIONS.
17.1 Posting and Publication. Grantee shall assume the cost of posting and
publication of this Franchise as such posting and publication is required by law and such is
payable upon Grantee's filing of acceptance of this Franchise.
17.2 Guarantee of Performance. Grantee agrees that it enters into this Franchise
voluntarily in order to secure and in consideration of the grant from the City of a five (5) year
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Franchise. Performance pursuant to the terms and conditions of this Franchise is guaranteed by
Grantee.
17.3 Entire Agreement. This Franchise contains the entire agreement between the
parties, supersedes all prior agreements or proposals except as specifically set forth herein, and
cannot be changed orally but only by an instrument in writing executed by the parties. This
Franchise is made pursuant to Minnesota Statutes Chapter 238 and is intended to comply with all
requirements set forth therein.
17.4 Consent. Wherever the consent or approval of either Grantee or the City is
specifically required in this agreement, such consent or approval shall not be unreasonably
withheld.
17.5 Franchise Acceptance. No later than forty-five (45) Days following City Council
approval of this Franchise, Grantee shall execute and return to the City three (3) original
franchise agreements. The executed agreements shall be returned to the City accompanied by
performance bonds, and evidence of insurance, all as provided in this Franchise. The City's
"Notice of Intent to Consider an Application for a Franchise" ("Notice")provided, consistent
with Minn. Stat. 238.081 subd. 8, that applicants would be required to reimburse the City for all
necessary costs of processing a cable communications franchise. Grantee submitted an
application fee with its application to the City. The Notice further provided that any unused
portion of the application fee would be returned and any additional fees required to process the
application and franchise, beyond the application fee, would be assessed to the successful
applicant. The Grantee shall therefore submit to the City at the time of acceptance of this
Franchise, a check made payable to the City of Eden Prairie, Minnesota for all additional fees
and costs incurred by the City. Within thirty(30) days of City Council approval, the City shall
provide Grantee with a letter specifying such additional costs following approval of this
Franchise by the City Council. In the event Grantee fails to accept this Franchise, or fails to
provide the required documents and payments, this Franchise shall be null and void. The
Grantee agrees that despite the fact that its written acceptance may occur after the Effective Date,
the obligations of this Franchise shall become effective on the Effective Date.
17.6 Amendment of Franchise. 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 2.7 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.
17.7 Notice. Any notification that requires a response or action from a party to this
Franchise, within a specific time-frame or would trigger a timeline that would affect one or both
parties' rights under this Franchise, shall be made in writing and shall be sufficiently given and
served upon the other party by hand delivery, first class mail, registered or certified, return
receipt requested, postage prepaid, or by reputable overnight courier service and addressed as
follows:
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To the City: City Manager, City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Courtesy Copy to: Southwest Suburban Cable Commission
c/o Moss &Barnett (BTG)
150 South Fifth Street, Suite 1200
Minneapolis, MN 55402
To the Grantee: CenturyLink
Attn: Public Policy
1801 California Street, 10th Floor
Denver, Colorado 80202
Courtesy Copy to: Qwest Broadband Services, Inc.
Attn: Public Policy
200 South Fifth Street, 21st Floor
Minneapolis, MN 55402
Recognizing the widespread usage and acceptance of electronic forms of communication,
emails will be acceptable as formal notification related to the conduct of general business
amongst the parties to this contract, including but not limited to programming and price
adjustment communications. Such communication should be addressed and directed to the
Person of record as specified above.
17.8 Force Majeure. In the event that either party is prevented or delayed in the
performance of any of its obligations,under this Franchise by reason of acts of God, floods, fire,
hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot,
vandalism, strikes, delays in receiving permits where it is not the fault of Grantee, public
easements, sabotage, acts or omissions of the other party, or any other similar event beyond the
reasonable control of that party, it shall have a reasonable time under the circumstances to
perform such obligation under this Franchise, or to procure a substitute for such obligation to the
reasonable satisfaction of the other party.
17.9 Work of Contractors and Subcontractors. Work by contractors and
subcontractors are subject to the same restrictions, limitations and conditions as if the work were
performed by Grantee. Grantee shall be responsible for all work performed by its contractors
and subcontractors, and others performing work on its behalf as if the work were performed by it
and shall ensure that all such work is performed in compliance with this Franchise, the City Code
and other Applicable Law, and shall be jointly and severally liable for all damages and correcting
all damage caused by them. It is Grantee's responsibility to ensure that contractors,
subcontractors or other Persons performing work on Grantee's behalf are familiar with the
requirements of this Franchise, the City Code and other Applicable Laws governing the work
performed by them.
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17.10 Abandonment of System. Grantee may not abandon the System or any portion
thereof used exclusively for Cable Services, without having first given three (3) months written
notice to City and conforming to the City Code, as well as the state right-of-way rules, Minn.
Rules, Chapter 7819. To the extent required by Minn. Stat. §238.084 Subd. 1 (w), Grantee shall
compensate City for damages resulting from the abandonment.
17.11 Removal After Abandonment. In the event of Grantee's abandonment of the
System used exclusively for Cable Services, City shall have the right to require Grantee to
conform to the City Code, as well as the state right-of-way rules, Minn. Rules, Chapter 7819. If
Grantee 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 consistent with
City Code and Minn. Rules, Ch. 7819, 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 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.
17.12 Governing Law. This Franchise shall be deemed to be executed in the State of
Minnesota, and shall be governed in all respects, including validity, interpretation and effect, and
construed in accordance with, the laws of the State of Minnesota, as applicable to contracts
entered into and performed entirely within the State.
17.13 Nonenforcement by City. Grantee shall not be relieved of its obligation to
comply with any of the provisions of this Franchise by reason of any failure of the City or to
enforce prompt compliance.
17.14 Captions. The paragraph captions and headings in this Franchise are for
convenience and reference purposes only and shall not affect in any way the meaning of
interpretation of this Franchise.
17.15 Calculation of Time. Where the performance or doing of any act, duty, matter,
payment or thing is required hereunder and the period of time or duration for the performance is
prescribed and fixed herein, the time shall be computed so as to exclude the first and include the
last Day of the prescribed or fixed period or duration of time. When the last Day of the period
falls on Saturday, Sunday or a legal holiday that Day shall be omitted from the computation and
the next business Day shall be the last Day of the period.
17.16 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee
shall no longer have the right to occupy the Streets for the purpose of providing Cable Service.
However, Grantee's obligations to the City(other than the obligation to provide service to
Subscribers) shall survive according to their terms.
17.17 Competitive Equity. If any other Wireline MVPD enters into any agreement with
the City to provide multi channel video programming or its equivalent to residents in the City,
the City,upon written request of the Grantee, shall permit the Grantee to construct and/or operate
its Cable System and provide multi channel video programming or its equivalent to Subscribers
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in the City under the same agreement as applicable to the new MVPD. Within one hundred
twenty(120) Days after the Grantee submits a written request to the City, the Grantee and the
City shall enter into an agreement or other appropriate authorization (if necessary) containing the
same terms and conditions as are applicable to the new Wireline MVPD.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie
on the 18th day of January, 2016, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 2nd day of February, 2016.
CITY OF EDEN PRAIRIE,
ATTEST: MINNESOTA
Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor
Published in the Eden Prairie News on the l ld'day of February, 2015.
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ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions.
QWEST BROADBAND SERVICES,
INC.,D/B/A CENTURYLINK
Date: By:
Its:
SWORN TO BEFORE ME this
day of , 201 .
NOTARY PUBLIC
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Exhibit A
Free Cable Service to Public Buildings
ANSWER POINT,PUBLIC SAFETY 8080 MITCHELL RD OFC
CARNELIAN HOUSE,* 7525 CARNELIAN LN APT. CMCL
CENTER,EDEN PRAIRIE FAMILY 8950 EDEN PRAIRIE RD
CENTER,EDEN PRAIRIE SENIOR 8950 EDEN PRAIRIE RD
CITY HALL,EDEN PRAIRIE 8080 MITCHELL RD OFC
CITY OF,EDEN PRAIRIE 7801 MITCHELL RD
COMMUNITY CENTER,EDEN PRAI 16700 VALLEY VIEW RD
DISPATCH,EDEN PRAIRIE 8080 MITCHELL RD APT COPS
FIRE STATION,EDEN PRAIRIE 11800 TECHNOLOGY DR
POLICE,EDEN PRAIRIE 7900 MITCHELL RD
PUBLIC WORKS,EDEN PRAIRIE 7845 MITCHELL RD
SOCS CHATHAM WA,Y 6204 CHATHAM WAY
LIBRARY,EDEN PRAIRIE 479 PRAIRIE CENTER DR
DISTRICT,EDEN PRA SCHOOL 8100 SCHOOL RD APT FIBER
ELEM SCHOOL,OAK POINT INTE 13400 STARING LAKE PKWY
ELEM,CEDAR RIDGE 8905 BRAXTON DR
ELEMENTARY,EDEN L 12000 ANDERSON LAKES PKWY
ELEMENTARY,PRAIRIE VIEW 17255 PETERBORG RD
HIGH SCHOOL, EDEN PRAIRIE 17185 VALLEY VIEW RD
HIGH SCHOOL,FOREST 13708 HOLLY RD
IMMERSION, SPANISH 8100 SCHOOL RD
MIDDLE SCHOOL,CENTRAL 8025 SCHOOL RD
TECH COLLEGE,HENNEPIN 13100 COLLEGEVIEW RD
FIRE STATION #1,EDEN PRAIR 14800 SCENIC HEIGHTS RD
FIRE STATION #4,EDEN PRAIR 17920 LINWOOD CT
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3056782vI
Exhibit B
Franchise Fee Payment Worksheet
TRADE SECRET— CONFIDENTIAL
Month/Year Month/Year Month/Year Total
A la Carte Video Services
Audio Services
Basic Cable Service
Installation Charge
Bulk Revenue
Expanded Basic Cable
Service
Pay Service
Pay-per-view
Guide Revenue
Franchise Fee Revenue
Advertising Revenue
Home Shopping Revenue
Digital Services
Inside Wiring
Other Revenue
Equipment Rental
Processing Fees
PEG Fee
FCC Fees
Bad Debt
Late Fees
REVENUE
Fee Calculated
Fee Factor: 5%
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Exhibit C
Indemnity Agreement
INDEMNITY AGREEMENT made this day of , 201_,
by and between Qwest Broadband Services, Inc., a Delaware Corporation, party of the first part,
hereinafter called"CenturyLink," and the City of Eden Prairie, a Minnesota Municipal
Corporation, party of the second part, hereinafter called"City."
WITNESSETH:
WHEREAS, the City of Eden Prairie has awarded to Qwest Broadband Services, Inc. a
franchise for the operation of a cable communications system in the City of Eden Prairie; and
WHEREAS, the City has required, as a condition of its award of a cable communications
franchise, that it be indemnified with respect to all claims and actions arising from the award of
said franchise,
NOW THEREFORE, in consideration of the foregoing promises and the mutual
promises contained in this agreement and in consideration of entering into a cable television
franchise agreement and other good and valuable consideration, receipt of which is hereby
acknowledged, CenturyLink hereby agrees, at its sole cost and expense, to fully indemnify,
defend and hold harmless the City, its officers, boards, commissions, employees and agents
against any and all claims, suits, actions, liabilities and judgments for damages, cost or expense
(including,but not limited to, court and appeal costs and reasonable attorneys' fees and
disbursements assumed or incurred by the City in connection therewith) arising out of the actions
of the City in granting a franchise to CenturyLink. This includes any claims by another
franchised cable operator against the City that the terms and conditions of the CenturyLink
franchise are less burdensome than another franchise granted by the City or that the CenturyLink
Franchise does not satisfy the requirements of applicable federal, state, or local law(s). The
indemnification provided for herein shall not extend or apply to any acts of the City constituting
a violation or breach by the City of the contractual provisions of the franchise ordinance,unless
such acts are the result of a change in applicable law, the order of a court or administrative
agency, or are caused by the acts of CenturyLink.
The City shall give CenturyLink reasonable notice of the making of any claim or the
commencement of any action, suit or other proceeding covered by this agreement. The City shall
cooperate with CenturyLink in the defense of any such action, suit or other proceeding at the
request of CenturyLink. The City may participate in the defense of a claim, but if CenturyLink
provides a defense at CenturyLink's expense then CenturyLink shall not be liable for any
attorneys' fees, expenses or other costs that City may incur if it chooses to participate in the
defense of a claim,unless and until separate representation is required. If separate representation
to fully protect the interests of both parties is or becomes necessary, such as a conflict of interest,
in accordance with the Minnesota Rules of Professional Conduct,between the City and the
counsel selected by CenturyLink to represent the City, CenturyLink shall pay, from the date such
separate representation is required forward, all reasonable expenses incurred by the City in
defending itself with regard to any action, suit or proceeding indemnified by CenturyLink.
Provided, however, that in the event that such separate representation is or becomes necessary,
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and City desires to hire counsel or any other outside experts or consultants and desires
CenturyLink to pay those expenses, then City shall be required to obtain CenturyLink's consent
to the engagement of such counsel, experts or consultants, such consent not to be unreasonably
withheld. Notwithstanding the foregoing, the parties agree that the City may utilize at any time,
at its own cost and expense, its own City Attorney or outside counsel with respect to any claim
brought by another franchised cable operator as described in this agreement.
The provisions of this agreement shall not be construed to constitute an amendment of the
cable communications franchise ordinance or any portion thereof, but shall be in addition to and
independent of any other similar provisions contained in the cable communications franchise
ordinance or any other agreement of the parties hereto. The provisions of this agreement shall not
be dependent or conditioned upon the validity of the cable communications franchise ordinance
or the validity of any of the procedures or agreements involved in the award or acceptance of the
franchise, but shall be and remain a binding obligation of the parties hereto even if the cable
communications franchise ordinance or the grant of the franchise is declared null and void in a
legal or administrative proceeding.
It is the purpose of this agreement to provide maximum indemnification to City under the
terms set out herein and, in the event of a dispute as to the meaning of this Indemnity Agreement,
it shall be construed, to the greatest extent permitted by law, to provide for the indemnification of
the City by CenturyLink. This agreement shall be a binding obligation of and shall inure to the
benefit of, the parties hereto and their successor's and assigns, if any.
QWEST BROADBAND SERVICES,INC.
Dated: , 201_ By:
Its:
STATE OF LOUISIANA )
) SS
)
The foregoing instrument was acknowledged before me this day of 201_,
by , the of Qwest
Broadband Services, Inc., a Delaware Corporation, on behalf of the corporation.
Notary Public
Commission Expires
CITY OF EDEN PRAIRIE,MINNESOTA
By
Its
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3056782v1
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 3-2016 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 3-2016 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie held on the 2nd day of February, 2016.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
A. Ordinance No. 3-2016 is lengthy.
B. The text of summary of Ordinance No. 3-2016, attached hereto as Exhibit A,
conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the
title and summary of the Ordinance will clearly inform the public of the intent and
effect of the Ordinance.
C. The title and summary shall be published once in the Eden Prairie News in a body
type no smaller than brevier or eight-point type.
D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices.
E. Ordinance 3-2016 shall be recorded in the Ordinance Book, along with proof of
publication, within twenty(20) days after said publication.
ADOPTED by the City Council on February 2, 2016.
Nancy Tyra-Lukens Mayor
(Seal)
ATTEST:
Kathleen Porta, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 3-2016
AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES,
INC.,D/B/A CENTURYLINK("CENTURYLINK") TO CONSTRUCT, OPERATE AND
MAINTAIN A CABLE SYSTEM IN THE CITY OF EDEN PRAIRIE, MINNESOTA
SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE
FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND
THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE
VIOLATION OF THE PROVISIONS HEREIN.
On February 2, 2016, the City of Eden Prairie, Minnesota("City") adopted an Ordinance
granting a Cable Television Franchise to CenturyLink. The Ordinance serves two purposes.
First, it is intended to provide for and specify the means to attain the best possible cable service
for the public by providing requirements for cable with respect to technical standards, customer
service obligations, and related matters. Second, it grants a non-exclusive cable franchise to
CenturyLink to operate, construct and maintain a cable system within the City and contains
specific requirements for CenturyLink to do so.
The Ordinance includes the following: 1)requires CenturyLink to have a bandwidth capable of
providing the equivalent of a typical 750 MHz cable system; 2) imposes on CenturyLink a
franchise fee of five percent(5%) of CenturyLink's annual gross revenues; 3) establishes a
franchise term of five (5)years with the option to extend an additional 5 years; 4)provides a list
of schools and public buildings entitled to receive complimentary cable service; 5)requires
CenturyLink to dedicate channel capacity for public, educational and governmental programming
and provides capital support of such channels; 6) mandates customer service standards regarding
CenturyLink's provision of cable services; and 7) requires a performance bond and security fund
to enforce CenturyLink's compliance with the Ordinance.
Persons interested in reviewing a complete copy of the Ordinance may do so at the City Hall at
8080 Mitchell Road, Eden Prairie, MN 55344 during the hours of 9:00 a.m. and 4:00 p.m.,
Monday through Friday.
Effective Date: This Ordinance shall take effect upon publication.
Nancy Tyra- Lukens, Mayor
ATTEST: Kathleen Porta, City Clerk
PUBLISHED in the Eden Prairie News on February 11, 2016.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE 3-2016
AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES,
INC.,D/B/A CENTURYLINK("CENTURYLINK") TO CONSTRUCT, OPERATE AND
MAINTAIN A CABLE SYSTEM IN THE CITY OF EDEN PRAIRIE,MINNESOTA
SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE
FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND
THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE
VIOLATION OF THE PROVISIONS HEREIN.
On February 2, 2016, the City of Eden Prairie, Minnesota("City") adopted an Ordinance
granting a Cable Television Franchise to CenturyLink. The Ordinance serves two purposes.
First, it is intended to provide for and specify the means to attain the best possible cable service
for the public by providing requirements for cable with respect to technical standards, customer
service obligations, and related matters. Second, it grants a non-exclusive cable franchise to
CenturyLink to operate, construct and maintain a cable system within the City and contains
specific requirements for CenturyLink to do so.
The Ordinance includes the following: 1) requires CenturyLink to have a bandwidth capable of
providing the equivalent of a typical 750 MHz cable system; 2) imposes on CenturyLink a
franchise fee of five percent(5%) of CenturyLink's annual gross revenues; 3) establishes a
franchise term of five (5) years with the option to extend an additional 5 years; 4)provides a list
of schools and public buildings entitled to receive complimentary cable service; 5) requires
CenturyLink to dedicate channel capacity for public, educational and governmental
programming and provides capital support of such channels; 6) mandates customer service
standards regarding CenturyLink's provision of cable services; and 7) requires a performance
bond and security fund to enforce CenturyLink's compliance with the Ordinance.
Persons interested in reviewing a complete copy of the Ordinance may do so at the City Hall at
8080 Mitchell Road, Eden Prairie, MN 55344 during the hours of 9:00 a.m. and 4:00 p.m.,
Monday through Friday.
Effective Date: This Ordinance shall take effect upon publication.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
PUBLISHED in the Eden Prairie News on February 11, 2016.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda February 2, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5934 ITEM NO.: VIII.D.
Leslie Stovring Resolution Approving the Clean Water Fund
Public Works/Environmental Grant Agreement with the Metropolitan
Council for a Water Efficiency Grant Program
Requested Action
Move to: Adopt Resolution Authorizing the Clean Water Fund Grant Agreement with the
Metropolitan Council for a Water Efficiency Grant Program.
Synopsis
The Metropolitan Council has established a Grant Program to aid City's in starting or expanding
rebate or grant programs to improve water conservation programs. The City applied for a grant in
the amount of$37,500 to expand the City's water conservation rebate program for toilets, washing
machines and irrigation systems. Matching funds will come from the water utility.
Background Information
On December 30, 2015 the City was awarded a Water Efficiency Grant through the Clean Water
Fund program administered by the Metropolitan Council to expand our existing water conservation
rebate program. The grant program can cover rebates or grants for Energy Star-qualified washing
machine and WaterSense-qualified toilet and irrigation system purchases. In addition it can include
audits for irrigation systems that result in replacement of controllers with WaterSense-qualified
models and/or broken or damaged sprinkler heads. The City agreed to match a minimum of$12,500
through the existing program. Currently,the rebate program has provided rebates totally up to
$33,000 per year for WaterSense-qualified toilets, faucets, showerheads and irrigation systems as
well as Energy Star-qualified washing machines for residential customers. The plan for the grant
funds includes expanding this program to include rebates for charitable institutions, homeowners
associations and commercial customers. Matching funds would come from the City's water
education program within the water utility.
The Agreement includes the following provisions:
• The City will provide promotional materials such as in Living Green News and at events such as
the local Chamber of Commerce Home &Garden Show and the City-wide Open House.
• The City may choose the amount of the rebate or grant to apply to any specified water device,up
to 100%of the eligible cost.
• New construction and new developments are not eligible.
• The funds can cover the rebate or grant only, consulting and city staff time are ineligible.
Attachments
• Clean Water Fund Grant Agreement
• Resolution
METROPOLITAN COUNCIL
CLEAN WAI ER FUND GRANT AGREEMENT NO. SG-04413
This Clean Water fund Grant Agreement ("Grant Agreement") is entered into this [date of
signature by both parties] between the Metropolitan Council, a public corporation and political subdivision of the
State of Minnesota("Met Council") and the City of Eden Prairie, a municipal corporation("Grantee").
RECITALS
1. The Minnesota Legislature, by Minnesota Session Laws 2015, 1st Special Session, chapter 2,
article 2, section 9, appropriated to the Met Council funds from the Legacy Amendments Clean Water Fund
("Clean Water Fund" or "clean water fund") for State fiscal years 2016 and 2017, for the purpose of establishing
a water demand reduction grant program to encourage implementation of water demand reduction measures in
municipalities in the Minneapolis—St. Paul metropolitan area.
2. The Met Council is authorized by Minnesota Statutes sections 473.129, subdivision 4
and 473.504, subdivision 5 to apply for and use grants from the State for any Metropolitan Council purpose and
may dispose of the money in accordance with the terms of the appropriation.
3. The Grantee is authorized to receive grants from the Clean Water Fund to protect, enhance and
restore water quality in lakes, rivers and streams, to protect groundwater from degradation and protect drinking
water sources by encouraging implementation of water demand reduction measures by municipalities in the
Minneapolis—St. Paul metropolitan area to ensure reliability and protection of drinking water supplies.
4. On September 23, 2015, Met Council authorized the granting of portions of the appropriation to
the Grantees participating in the grant program, the portion for Grantee defined ahead in this Agreement as
"Grantee Program."
5. The Grantee represents that it is duly qualified and agrees to perform all services described in this
Grant Agreement to the reasonable satisfaction of the Met Council.
GRANT AGREEMENT
1. Term of Grant Agreement.
1.1. Effective Date. The effective date of this Grant Agreement is the date stated above on which the
Grant Agreement has been duly executed by both parties.
1.2. Grant Activity Period. The first day of the month following the Effective Date through and
including the expiration date.
1.3. Expiration Date. Upon satisfactory fulfillment of obligations, but in no event later than June 30,
2017.
1.4. Survival of Terms. The following clauses survive the expiration, termination or cancellation of
this Grant Agreement; 9. Liability and Insurance; 10. Audits; 11. Government Data Practices; 13. Data
Availability; 14. Governing Law, Jurisdiction and Venues; 16. Data Disclosure; 18. Future Eligibility.
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2. Duties,Representations and Warranties of Grantee and Use of Grant Funds.
2.1. The Grantee agrees to conduct, administer and complete in a satisfactory manner the program
("Grantee Program") which is described in Grantee's application to Met Council for assistance under the
Met Council's Clean Water Fund grant program, which application is incorporated into this Grant
Agreement as Exhibit A, and in accordance with the terms and conditions of this Grant Agreement.
Specifically,the Grantee agrees to perform the"Grantee Program"in accordance with a specific timeline,
all as described in Exhibit B of this Grant Agreement and to undertake the financial responsibilities
described in Exhibit B to this Grant Agreement. The Grantee has the responsibility for and obligation to
complete the"Grantee Program"as described in Exhibit B. The Met Council makes no representation or
warranties with respect to the success and effectiveness of the "Grantee Program". The Met Council
acknowledges that"Grantee Program"work may be limited to soliciting participation by its residents and
businesses in the "Grantee Program" and requires additional work by the Grantee only to the extent that
residents and businesses choose to participate in the "Grantee Program", all as described in the Grantee's
application attached as Exhibit A.
The Grant Funds must be entirely passed through and can only be used for authorized rebates or grants
for qualifying activities.
2.2. Grantee Representations and Warranties. The Grantee further covenants with and represents and
warrants to Met Council, as follows:
A. It has the legal authority to enter into, execute and deliver this Grant Agreement and all
documents referred to herein, has taken all actions necessary to its execution and delivery of such
documents and has provided to Met Council a copy of the resolution by its governing body which
authorizes Grantee to enter into this Agreement, to undertake the Clean Water Fund Grant Program,
including the Grantee financial responsibilities as shown in Exhibit B and which also designates an
authorized representative for the Grantee Program who is authorized to provide certifications required in
this Grant Agreement and submit pay claims for reimbursement of Grantee Program costs.
B. It has legal authority to conduct and administer the Grantee Program and use the Grant
Funds for the purpose or purposes described in this Agreement.
C. This Grant Agreement and all other documents referred to herein are the legal, valid and
binding obligations of the Grantee enforceable against the Grantee in accordance with their respective
terms.
D. It will comply with all of the terms, conditions, provisions, covenants, requirements, and
warranties in this Agreement, and all other documents referred to herein.
E. It will comply with all of the provisions and requirements contained in and imposed by the
Clean Water Funding legislation and appropriations from Clean Water Fund legislation, except as
explicitly stated in this Grant Agreement that compliance will be handled by the Council.
F. It has made no material false statement or misstatement of fact in connection with the Grant
Funds, and all of the information it has submitted or will submit to the Council relating to the Grant Funds
or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that all
representations contained in its application for the Clean Water Fund Grant are material representations
of fact upon which the Council relied in awarding this Grant and are incorporated into this Agreement by
reference.
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G. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before
any judicial body or governmental authority against or affecting it and is not in default with respect to any
order,writ,injunction, decree, or demand of any court or any governmental authority which would impair
its ability to enter into this Grant Agreement or any document referred to herein, or to perform any of the
acts required of it in such documents.
H. Neither the execution and delivery of this Grant Agreement or any document referred to
herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of
such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or
provision of any agreement or document to which it is now a party or by which it is bound.
I. The Grantee Program will not violate any applicable zoning or use statute, ordinance,
building code, rule or regulation, or any covenant or agreement of record relating thereto.
J. The Grantee Program will be conducted in full compliance with all applicable laws,
statutes, rules, ordinances, and regulations issued by any federal, state, or other political subdivisions
having jurisdiction over the Grantee Program.
K. It will comply with the financial responsibility requirements contained in Exhibit B.
L. It shall furnish such satisfactory evidence regarding the representations described herein as
may be required and requested by the Met Council.
3. Time.
Grantee must comply with all time requirements described in this Grant Agreement. In the
performance of this Grant Agreement, time is of the essence.
4. Eligible Costs.
Eligible costs are those costs incurred by parties within the jurisdiction of the Grantee only for
75% of rebate or grant payments as defined in Exhibit B. The Grantee shall not be reimbursed for non-
eligible costs. Any cost not defined as an eligible cost or not included in the Grant Grantee Program or
approved in writing by the Council is a non-eligible cost.
5. Consideration and Payment.
5.1 Consideration. The Met Council will reimburse Grantee for eligible costs performed by the
Grantee during the Grant Period in an amount as specified in this agreement. The Met Council shall bear
no responsibility for any cost overruns that may be incurred by the Grantee or sub-recipients of any tier
in the performance of the Grantee Program. The initial Grant amount to Grantee under this Grant
Agreement is $37,500.00. The Grantee may be eligible to receive additional Grant amounts or an
adjustment in Grant amount in accordance with the procedure set forth in the Grant Amendment Form
attached hereto and made a part hereof as Exhibit C. Upon signature by both Grantee and Met Council
on Exhibit C this Grant is amended by the amount of increase or decrease approved by Met Council in
Exhibit(s) C.
5.2. Advance. The Met Council will make no advance of the Grant Amount to Grantee. The
disbursement of the Grant Amount shall be in the form of reimbursement for eligible costs as provided
ahead in this Section 5.
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5.3. Payment. To obtain payment under this Grant Agreement, the Grantee shall submit a
Reimbursement Request/Progress Report on forms provided by the Met Council, and shall submit
electronically scanned copies of receipts to verify the cost of eligible devices reported for each reporting
period. Reimbursement Request/Progress Reports must be submitted quarterly after this grant agreement
has been executed,even if there have been no eligible costs to report and for which to seek reimbursement.
The Grantee shall describe its compliance with its the financial requirements and work completed and
specific addresses where work was undertaken in connection with the grant and shall provide sufficient
documentation of grant eligible expenditures and such other information as the Met Council's staff
reasonably requests. The Met Council will promptly pay the Grantee after the Grantee presents to the Met
Council a Reimbursement Request/Progress Report and scanned copies of all receipts verifying the cost
for all eligible devices reported and the Met Council's Authorized Representative accepts the invoiced
services.
6. Conditions of Payment.
6.1. The Grantee must certify to the Council that work at each site for which payment is requested is
done, that Grantee has received receipts for such work, that the work was not performed in violation of
federal, Met Council, or local law or regulation and that Grantee has issued the appropriate permits for
the work completed in the Grantee Program.
6.2. Conditions Precedent to Any Reimbursement Request. The obligation of the Met Council to make
reimbursement payments hereunder shall be subject to the following conditions precedent:
A. The Met Council shall have received a Reimbursement Request/Progress Report for such
amount of funds being requested, and electronically scanned copies of receipts verifying the cost for all
eligible devices for that reporting period
B. The Met Council shall have received evidence upon request, and in form and substance
acceptable to the Met Council,that(i)the Grantee has legal authority to and has taken all actions necessary
to enter into this Agreement and (ii)this Agreement is binding on and enforceable against the Grantee.
C. The Met Council shall have received evidence upon request, and in form and substance
acceptable to the Met Council,that all applicable and required building permits, other permits, bonds and
licenses necessary for each site included in the Grantee Program including, where applicable, operation
of the site, have been paid for, issued and obtained, other than those permits, bonds and licenses which
may not lawfully be obtained until a future date or those permits,bonds and licenses which in the ordinary
course of business would normally not be obtained until a later date and that each site under the Grantee
Program is active and serving an occupied building.
D. No Event of Default under this Grant Agreement or event which would constitute an Event
of Default but for the requirement that notice be given or that a period of grace or time elapse shall have
occurred and be continuing.
E. The Grantee has supplied to the Met Council all other items that the Met Council may
reasonably require to assure good fiscal oversight of state's funding through the Clean Water Fund.
7. Authorized Representative.
The Met Council's Authorized Representative is:
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Name: Brian Davis or successor
Title: Senior Engineer
Mailing Address: 390 North Robert Street
St. Paul, MN 55101
Phone: (651) 602-1519
E-Mail Address: brian.davis@metc.state.mn.us
or his successor, and has the responsibility to monitor the Grantee's performance and the authority to
accept the services provided under this grant contract. If the services are satisfactory, the Met Council's
Authorized Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is:
Name: Leslie Stovring, Environmental Coordinator
Mailing Address: 8080 Mitchell Rd., Eden Prairie, MN 55344
Phone: 952-949-8327
E-Mail Address: lstovring@edenprairie.org
If the Grantee's Authorized Representative changes at any time during this Grant Agreement,the Grantee
shall immediately notify the Met Council and shall within 30 days provide a written designation by the
City Manager of a successor Authorized Representative as authorized in the Resolution required in Section
2.2.A.
8. Assignment,Amendments, Waiver, and Grant contract Complete.
8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant
Agreement without the prior consent of the Met Council and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this Grant Agreement, or their
successors in office.
8.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be
effective until it has been executed and approved by the same parties who executed and approved the
original Grant Agreement, or their successors, or their delegate in office.
8.3 Waiver. If the Met Council fails to enforce any provision of this Grant Agreement, that failure
does not waive the provision or its right to enforce it.
8.4 Grant Contract Complete. This Grant Agreement contains all negotiations and agreements
between the Met Council and the Grantee. No other understanding regarding this Grant Agreement,
whether written or oral, may be used to bind either party.
9. Liability and Insurance.
9.1 Liability. The Grantee and the Met Council agree that they will be responsible for their own acts
and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the
other party and the results thereof. The liability of the Met Council is governed by the provisions
contained in Minn. Stat. Chapter 466 as it may be amended,modified or replaced from time to time. The
liability of the Grantee is governed by the provisions contained in Minn. Stat. Chapter 466 as it may be
amended, modified or replaced from time to time.
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9.2 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or should be
construed in any manner as creating or establishing the relationship of co-partners or a joint venture
between the Grantee and the Met Council, nor shall the Grantee be considered or deemed to be an agent,
representative,or employee of the Met Council in the performance of this Grant Agreement,or the Grantee
Program.
The Grantee represents that it has already or will secure or cause to be secured all personnel required for
the performance of this Grant Agreement and the Grantee Program. All personnel of the Grantee or other
persons while engaging in the performance of this Grant Agreement the Grantee Program shall not have
any contractual relationship with the Met Council related to the work of the Grantee Program and shall
not be considered employees of the Met Council. In addition, all claims that may arise on behalf of said
personnel or other persons out of employment or alleged employment including, but not limited to, claims
under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the
Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the Met
Council. Such personnel or other persons shall not require nor be entitled to any compensation, rights or
benefits of any kind whatsoever from the Met Council, including but not limited to,tenure rights,medical
and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits.
10. Audits.
Under Minn. Stat. § 16C.05, subd. 5,the Grantee's books,records,documents,and accounting procedures
and practices relevant to this grant contract are subject to examination by the Met Council and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of
this Grant Agreement.
11. Government Data Practices.
The Grantee and Met Council must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Chapter 13, as it applies to all data provided by the Met Council under this grant contract, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data
referred to in this clause by either the Grantee or the Met Council. If the Grantee receives a request to
release the data referred to in this Clause, the Grantee must immediately notify the Met Council.
12. Workers' Compensation.
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. The Grantee's employees and agents will not be considered Met
Council employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf
of these employees and any claims made by any third party as a consequence of any act or omission on
the part of these employees are in no way the Met Council's obligation or responsibility.
13. Data Availability.
To the extent and as requested by the Council, Grantee agrees to comply with Minn. Stat. § 114D.50,
subd. 5 requirements for data collected by the Grantee Programs funded with money from the Clean Water
Fund that have value for planning and management of natural resources, emergency preparedness and
infrastructure investments, including but not limited to the requirement that to the extent practicable,
summary data and results of Grantee Programs funded with money from the Clean Water Fund should be
readily accessible on the internet and identified as a Clean Water Fund Grantee Program. The Council
6
will put overall summary information on the internet and will encourage the Grantee put its city
information on the web. Grantee understands and agrees that Council may list its name and summary
information on the internet or in any other Grantor reporting.
14. Governing Law,Jurisdiction, and Venue.
Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for
all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
15. Termination.
The Met Council may cancel this Grant Agreement at any time, with or without cause, upon 30 days'
written notice to the Grantee. Upon termination, the Grantee will be entitled to payment for services
prequalified and satisfactorily performed before the termination notice.
16. Data Disclosure.
Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its
federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the Met Council, to federal and state tax agencies and Met Council personnel involved in the payment
of Met Council obligations. Grantee will require compliance with this Section 16 by Grantee's
subrecipient of Grant funds and shall submit evidence of such compliance to Met Council as requested.
17. Notices.
In addition to any notice required under applicable law to be given in another manner,any notices required
hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or
certified mail (return receipt requested),to the business address of the party to whom it is directed. Such
business address shall be that address specified below or such different address as may hereafter be
specified, by either party by written notice to the other:
To the Grantee at:
City of Eden Prairie
8080 Mitchell Rd.
Eden Prairie, MN 55344
Attention: Leslie Stovring
To the Met Council at:
Metropolitan Council
390 Robert Street North
St. Paul, MN 55101
Attention: Regional Administrator
With copy to:
MCES General Manager
Metropolitan Council Environmental Services
390 Robert Street North
St. Paul, MN 55101
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MCES Finance Director
Metropolitan Council Environmental Services
390 Robert Street North
St. Paul, MN 55101
18. Miscellaneous.
18.1 Report to Legislature. As provided in Minn. Stat. § 3.195, the Met Council must submit a
report on the expenditure and use of money appropriated under the Clean Water Fund to the
legislature by January 15 of each year. The report must detail the outcomes in terms of additional
use of Clean Water Fund resources, user satisfaction surveys, and other appropriate outcomes. The
grantee agrees to provide to the Met Council by January 1 of each year a report on any user
satisfaction surveys it has related to this Grantee Program, and other appropriate outcomes of the
Grantee Program as prescribed in Section 18.3 of this Agreement.
18.2 Supplement. The funds granted under this agreement are to supplement and shall not
substitute for traditional sources of funding. Therefore, the Grantee hereby certifies to the Met
Council that there was and is no traditional Grantee sources of funding for the City to help fund one-
fourth (1/4) of the subject water efficiency rebate or grant work.
18.3 Measureable Outcomes. To the extent and upon request of the Council, Grantee agrees to
demonstrate compliance with the following: A Grantee Program or program receiving funding from
the Clean Water Fund must meet or exceed the constitutional requirement to protect, enhance, and
restore water quality in lakes, rivers and streams and to protect groundwater and drinking water from
degradation. A Grantee Program or program receiving funding from the Clean Water Fund must
include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for measuring
and evaluating the results. A Grantee Program or program must be consistent with current science
and incorporate state-of-the-art technology. All information for funded Grantee Program work,
including the proposed measurable outcomes, must be made available for publication on the Web
site required under section 3.303, subdivision 10, as soon as practicable and forwarded to the Met
Council and the Legislative Coordinating Commission under the provisions of Minn. Stat. § 3.303,
subd. 10. The Grantee must compile and submit all information for funded Grantee Programs or
programs, including the proposed measurable outcomes and all other items required under
section 3.303, subdivision 10, to the Met Council and, if requested by the Council, the Legislative
Coordinating Commission as soon as practicable or by January 15 of the applicable fiscal year,
whichever comes first.
18.4 Minn. Stat. § 16B.98. Grants funded by the Clean Water Fund must be implemented
according to section 16B.98 and must account for all expenditures.
18.5 Benefit to Minnesota Waters. Money from the Clean Water Fund may only be spent on
Grantee Programs that benefit Minnesota waters.
18.6 Website. If the Grantee has information on its website about the water efficiency grant
program pursuant to Minn. Stat. §;114D.50, the Grantee shall, when practicable,prominently display
on the Grantee's Website home page the Legacy logo required under Laws 2009, chapter 172,
article 5, section 10, as amended by Laws 2010, chapter 361, article 3, section 5, accompanied by
the phrase "Click here for more information." When a person clicks on the Legacy logo image, the
Web site must direct the person to a Web page that includes both the contact information that a person
8
may use to obtain additional information, as well as a link to the Council's and Legislative
Coordinating Commission Website required under section 3.303, subdivision 10.
18.7 Future Eligibility. Future eligibility for money from the Clean Water Fund is contingent upon
the Grantee satisfying all application requirements related to Council's fulfillment of Minn. Stat.
§ 114D.50 as well as any additional requirements contained in 2013 Session Laws chapter 137,
article 2, section 9.
18.8 Data Availability. Data collected by the Grantee Programs, if any, funded with money from the
Clean Water Fund that have value for planning and management of natural resources, emergency
preparedness, and infrastructure investments must conform to the enterprise information architecture
developed by the Office of MN.IT Services. Spatial data must conform to geographic information system
guidelines and standards outlined in that architecture and adopted by the Minnesota Geographic Data
Clearinghouse at the Minnesota Geospatial Information Office. A description of these data that adheres
to the Office of MN.IT Services geographic metadata standards must be submitted to the Minnesota
Geospatial Information Office to be made available online through the clearinghouse and the data must
be accessible and free to the public unless made private under chapter 13. To the extent practicable,
summary data and results of the Grantee Program funded with money from the clean water fund should
be readily accessible on the Internet and identified as a Clean Water Fund Grantee Program.
18.9 Prevailing Wages. The Grantee agrees to comply with all of the applicable provisions contained
in chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat.
§§ 177.41 through 177.435, as they may be amended,modified or replaced from time to time with respect
to the Grantee Program. By agreeing to this provision, the Grantee is not acknowledging or agreeing that
the cited provisions apply to the Grantee Program.
18.10. E-Verification. The Grantee agrees and acknowledges that it is aware of Governor's Executive
Order 08-01 regarding e-verification of employment of all newly hired employees to confirm that such
employees are legally entitled to work in the United States, and that it will, if and when applicable, fully
comply with such order.
18.11 Disability Access. Where appropriate, Grantee of clean water funds, in consultation with the
Council on Disability and other appropriate governor-appointed disability councils, boards, committees,
and commissions, should make progress toward providing greater access to programs, print publications,
and digital media for people with disabilities related to the programs the recipient funds using
appropriations made in this agreement.
18.12. General Provisions.
(i) Grants. The Grantee shall implement this Grant Agreement according to Minnesota
Statutes, section 16B.98, and shall account for all expenditures of funds.
(ii) Lawsuit. This Grant shall be canceled to the extent that a court determines that the
appropriation unconstitutionally substitutes for a traditional source of funding.
(iii) Termination Due to Lack of Funds. Grantee recognizes that Council's obligation to
reimburse Grantee for eligible Grantee Program costs is dependent upon Council's receipt of funds
from the State of Minnesota appropriated to Council under 2015 Session Laws, 1st Special Session,
Chapter 2, Article 2, Section 9. Should the State of Minnesota terminate such appropriation or
should such funds become unavailable to Council for any reason, Council shall, upon written
9
notice to Grantee of termination or unavailability of such funds, have no further obligations for
reimbursement or otherwise under this Grant Agreement. In the event of such written notice to
Grantee by Council of termination or unavailability of funds, Grantee has no further obligation to
complete the Grantee Program as required by this Grant Agreement.
19. Default and Remedies.
19.1 Defaults. The Grantee's failure to fully comply with all of the provisions contained in this Grant
Agreement shall be an event of default hereunder("Event of Default").
19.2. Remedies. Upon an event of default, the Met Council may exercise any one or more of the
following remedies:
a. Refrain from disbursing the Grant;
b. Demand that all or any portion of the Grant already disbursed be repaid to it, and upon such
demand the Grantee shall repay such amount to the Met Council.
c. Enforce any additional remedies the Met Council may have at law or in equity.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly
authorized representatives on or as of the date first above written.
METROPOLITAN COUNCIL
By:
Regional Administrator, successor,or delegatee
Date:
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GRANTEE:
The Grantee certifies that the appropriate
person(s) have executed the grant contract on
behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
By:
Printed Name and Title
Date:
By:
Printed Name and Title
Date:
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EXHIBIT A
Metropolitan Council Water Efficiency Grant Application Form
Applicant Information
Municipality: city of Eden Prairie
Municipality Utility: Water
Mailing Address: 8080 Mitchell Rd, Eden Prairie,MN 55344
Primary Contact Information: The City/Coiuiminity primary authorized representative (all
correspondence and city responsibility regarding participation in the Grantee Program should be should
be addressed to individual named below)_
NAME: Leslie Stowing
TITLE: Environmental Coordinator
STREET: 8080 Mitchell Rd.
CITY, ZIP: Eden Prairie,55344
PHONE: 952-949-8327
EMAIL: istoaringra3edenpra rie.org
Secondary Contact Information: City/Community :Secondary Authorized Representative:
NAME: Rick Wahlen
TITLE: Utility Operations Manager
STREET: 14100 Technology Drive
CITY, ZIP: Eden Prairie,55344
PHONE: 952-294-5908
EMAIL: mahlen@edenprairie_org
Municipal Utility Total Per Capita Water Use (2013): 118 gal per person per day
Municipal Utility Residential Per capita Water Use (2013): 90 gal per person per day
Municipal Utility Ratio of Peak Month to Winter Month Water Use (2013): 3.5-1
Municipality's estimated annual water savings from proposed program: 13 million gallons
Municipal Utility Grant or Rebate Program Design
Requested Grant Amount (must equal 75% of total program budget): $37,500
Required Utility Matching Amount (must equal 2% of total program budget): Si 2,500
Will your program be a grant program or rebate program: Rebate
Estimated Number of Items:
Item Estimated Number
Toilets 400
Clothes Washing Machines 100
Irrigation System Controllers 100
Metropolitan Council Water Efficiency Grant Application Form
Project Work Plan and Schedule'
Task Description Responsible Estimated Start Date Estimated Completion
Person Group Date
Provide a Living Leslie Stovring / Jan. 1, 2016 Feb. 1, 2016
Green News piece Joyce Lorenz
and Email
communication about
expanded program
Reach out to Carol Lundgren / Feb. 1, 2016 April 30, 2016
multi-family, Leslie Stovring
commercial and
non-profits to discuss
upgrade opportunities
Prepare materials to Leslie Stovring / Carol Feb. 1, 2016 March 19, 2016
provide information Lundberg
about the rebates at
the local Home
Garden Show
June newsletter Leslie Stovring i April 15, 2016 a June 15, 20'16
article on Joyce Lorenz
opportunities (Living
Green Newsletter)
and online reminders
Follow up Carol Lundgren June 1, 2016 Dec. 31, 2016
communications with Leslie Stovring ,' Rick
potential rebate Wahlen
customers
Municipal utility may create own project plan and schedule foram
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Metropolitan Council Water Efficiency Grant Application Form
Communications to Property Owners
How will your program be advertised?
Newsletter itf
Print Media 1
Email 1
Twitter
Radio
Television
Please provide examples of proposed newsletter, print media, or email communication
Critical Points to Remember
• The applying municipality mast be a water supplier
• New construction and new developments are not eligible
• Funds are for rebates or grants only_ consulting and city staff time are ineligible
• Grant funds for a municipality's rebate or grant program do not cover 100% of the program cost
• The municipality's rebate or grant amount cannot pay for 100% of the eligible activity's cost
• Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the
Metropolitan Council logo
EXHIBIT B
Clean Water Fund Grant Program Overview & Goal, Structure, and Qualified Activities (for reference only; should
anything herein be contradicted by the Agreement language,the Agreement terms prevail).
Overview
The Metropolitan Council (Council) will implement a water efficiency grant program effective September 30,
2015 to June 30, 2017. Grants will be awarded on a competitive basis to municipalities that manage municipal
water systems. The Council will provide 75% of the program cost; the municipality must provide the remaining
25%. Grants will be made available in amounts with a minimum of$2,000 and a maximum of$50,000. Grantees
will be required to provide estimated water savings achieved through this program for Clean Water Land &
Legacy Amendment reporting purposes.
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Legislative Directive
Minnesota 2015 Session Law Ch. 2, Art. 2, Sec. 9:
$250,000 the first year and $250,000 the second year are for the water demand reduction grant program to
encourage implementation of water demand reduction measures by municipalities in the metropolitan area to
ensure the reliability and protection of drinking water supplies.
Grant Program Goal
The goal of the water efficiency grant program is to support technical and behavioral changes that improve
municipal water use efficiency in the seven-county metropolitan area.
Critical Points to Remember
• The applying municipality must be a water supplier
• New construction and new developments are not eligible
• Funds are for rebates or grants only; consulting and city staff time are ineligible
• Grant funds for a municipality's rebate or grant program do not cover 100% of the program cost
• The municipality's rebate or grant amount cannot pay for 100% of the eligible activity's cost
• Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan
Council logo
Grant Program Structure
Administration and Funding
The water conservation grant program will be administered by the Metropolitan Council Environmental Services
(MCES)and will be funded with$500,000 appropriated by the 2015 Minnesota Legislature in Clean Water Funds
for FY 2015-2016. Grant applications will be reviewed and ranked by the MCES Water Supply Planning Unit
staff
Grants are only for water efficiency programs offering rebates or grants to property owners who are customers of
the municipal water supply system and who replace specified water using devices with devices that use
substantially less water.
Grants will be awarded to municipalities in amounts ranging from $2,000 to $50,000 for providing rebates or
grants to property owners. Municipalities will be responsible for the design of their rebate or grant program and
its details. Grant payments to the municipality will be for 75%of approved rebate or grant program amounts. The
municipality must provide the remaining 25% of the program cost. Rebates or grants are eligible for
reimbursement on device replacements conducted September 30, 2015 through June 30, 2017.
Please note: municipalities may choose the amount of the rebate or grant to apply to any specified water device,
up to and including 100% of eligible costs for the device replacements.
Eligibility
Per legislative language, the grant program is limited to municipalities in the seven-county metropolitan area.
15
Communities eligible per above must apply to participate and, if approved, sign a standard Council grant
agreement, before any eligible rebates or grants can be submitted for reimbursement. Agreements shall require
that communities:
• Sign certification of work done to receive grants.
• Retain records, and cooperate with any audit.
• Do all communications with property owners and ensure all written communications to property owners
include both the Clean Water, Land and Legacy Amendment and the Metropolitan Council's logo.
• Agree to provide quantitative information for state reporting purposes.
Eligible water efficiency measures:
• Toilet replacement with a US EPA WaterSense labeled toilet
• Clothes washing machine replacement with an Energy Star qualified clothes washing machine
• Irrigation system audits by a WaterSense audit-certified professional that result in an irrigation system
Controller Replacements with a WaterSense labeled controller, replacement of broken or inefficient
sprinkler heads
Expenses eligible for rebate are the out-of-pocket cost of the device and its installation only, not to include any
owner labor costs. In addition,new construction and new developments are ineligible,as this program is intended
as a current infrastructure replacement program. \
Application Process
• Applicants must be municipal water suppliers.
• Municipalities will submit MCES supplied application form by November 30, 2015. Required
information will include:
o the municipality's rebate or grant program design and work plan(Template Provided)
o examples or proposed examples of communications to property owners
o requested total grant amount
o estimated annual amount of water saved by the applying municipality.
• Metropolitan Council will notify municipalities of grant awards and provide agreements by December
31, 2015.
Proposal Selection Criteria
Preference will be given to:
• Municipalities where total per capita water use is greater than 90 gallons per capita per day (gpcd) or
residential per capita water use is greater than 75 gpcd (based on 2013 water data reported to the DNR)
• Municipalities that are supplied 100%with groundwater
• Municipalities with identified water supply issues in the Master Water Supply Plan Community Profiles
(including location within the DNR North& East Metro Groundwater Management Area)
• Municipalities with a high ratio of peak monthly water use to winter monthly water use (based on 2013
water data reported to the DNR)
• The order in which applications are received and until grant funds are completely committed.
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Funding Process and Reporting Requirements
• Utilizing forms provided by MCES, the following information must be reported on a quarterly basis:
o Number,type and amount of rebates or grants provided to property owners, along with each
property address
o Estimated annual gallons of water saved per installation
o Municipality matching funds disbursed and encumbered for disbursement
o Number of unmet funding requests from property owners
• Upon review and confirmation of the above information, including electronically scanned copies of
receipts verifying the cost of eligible devices reported for that reporting period, MCES will process a
grant payment in the amount of 75% of approved total rebates or grants for the reporting period.
• MCES will provide confirmation of grant balances available upon request and reserves the right to
amend grant agreements, in collaboration with grantee municipality, if quarterly reporting indicates
rebate or grant programs will not fully utilize grant awards within the grant period.
Qualified Activities
• Toilet Replacements
http://www.epa.gov/WaterSense/product search.html
• Residential Clothes Washing Machine Replacements
http://www.energystar.gov/pro ductfinder/pro duct/certified-clothes-washers/results
• Irrigation System Audits that result in Irrigation System Controller Replacements
http://www.epa.gov/watersense/outdoor/cert programs.html
http://www.epa.gov/WaterSense/product search.html
• Irrigation System Controller Replacements only
http://www.epa.gov/WaterSense/product search.html
Reporting and Rebate Example
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Municipality ABC
Rebate or Total Eligible Est Annual
Water Device Municipality
Property Address Property Type # Grant per Rebate or Grant Water Saved
Replaced Contribution
device Grant Amount (Gal)
2828 Service Rd,55035 Residential Toilet 2 $50.00 $100.00 $25.00 $75.00 250
Clothes Washer 1 $125.00 $125.00 $31.25 $93.75 325
1658 Rockford Rd,55034 Residential Toilet 1 $50.00 $50.00 $12.50 $37.50 250
Clothes Washer 1 $125.00 $125.00 $31.25 $93.75 325
Irrigation Control 2 $200.00 $400.00 $100.00 $300.00 1575
52 Pennington Ave,55035 Commercial Toilet 4 $50.00 $200.00 $50.00 $150.00 500
Totals $1,000.00 $250.00 $750.00 3225
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EXHIBIT C Revision #
METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES
2015 CLEAN WATER FUND WATER EFFICIENCY GRANT PROGRAM
GRANT AMENDMENT FORM
NOTICE TO GRANTEE: Submission of this form is required to modify your city's signed agreement with
Metropolitan Council Environmental Services (MCES) 2015 Clean Water Fund Water Efficiency Grant program
(Grantee Program).
Subsequent to determination of your city's initial grant amount per the signed agreement, completion and
submission of this form is necessary when 1)you are requesting additional grant funds to meet unexpected rebate
or grant demand, or 2) when your city has determined that the previously approved program's rebate or grant
demand will not be met, requiring less grant funds than anticipated when the agreement was signed.
The process for modifying your agreement is as follows:
1. Your City's designated authorized representative submits 2 signed copies of Exhibit B to MCES, with
an attachment itemizing request(s) for a)pre-qualification of additional projects and/or b) changes to
prior prequalified amounts.
2. Upon receipt of signed Exhibit B, MCES Program Administrator obtains Council authorized signatures
that officially modifies the agreement, maintains in the contract file and returns a fully signed copy of
Exhibit B indicating new grant amount to City's designated authorized representative.
These steps MUST OCCUR via postal or other courier service to include original signatures and require retention
of signed documents to be made available upon request.
Instructions: Indicate the date of your change request in#1 box. Indicate the number of this particular change
request in #2 box (and in box at top of page—must match). Enter the current grant agreement amount (as
MCES approved) in#3 box. If you wish to increase your municipality's grant amount, enter the amount you
are requesting in#4 box. If you wish to decrease your grant amount due to lesser demand than
anticipated, enter the amount in#5 box. Enter in#6 box the amount derived from adding#3 to #4 or derived from
subtracting#5 from#3.
Grant Agreement#
1. Date of change request:
2. Change request number:
3. Current Grant Agreement Amount(as MCES approved):
4. Increase due to request for additional funding:
5. Decrease due to lessor demand:
6. Amended Grant Agreement Amount requested:
CITY NAME:
I request the above changes (sign with title and date):
MCES PROGRAM ADMINISTRATOR APPROVAL (signature and date):
COUNCIL AUTHORIZED SIGNATURE AND DATE
Questions may be directed to the MCES Program Administrator:
Brian Davis
MCES Senior Engineer
390 Robert Street North
St. Paul, MN 55101-1805
Phone: (651) 602-1519
Email: brian.davis&Wmetc.state.mn.us
20
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2016-
A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO THE CLEAN WATER FUND
GRANT AGREEMENT AND TO UNDERTAKE THE CLEAN WATER FUND GRANT PROGRAM
THROUGH THE METROPOLITAN COUNCIL
WHEREAS,the Metropolitan Council (Met Council)has received funds from the Legacy
Amendment's Clean Water Fund for State fiscal years 2016 and 2017 for the purpose of establishing a water
demand reduction grant program to encourage implementation of water demand reduction measure in
municipalities in the Minneapolis-St. Paul metropolitan area; and
WHEREAS,the City has applied for a Water Efficiency Grant(Grant)through the Clean Water
Fund program established by Met Council; and
WHEREAS,the Grant is for water efficiency programs offering rebates or grants to property owners
who are customers of the municipal water supply system and who replace specified water using devices with
devices that use substantially less water(Program); and
WHEREAS,the Program may include rebates or grants for purchase of WaterSense labeled toilets,
Energy Star clothes washing machines,WaterSense labeled controllers,and/or audits by WaterSense
certified professionals that result in replacement of controller(s),or broken or inefficient sprinkler heads; and
WHEREAS,the City is responsible for the design and administration of the Program; and
WHEREAS,the Grant will provide 75%of the approved Program costs and the City must provide
the remaining 25%of the Program cost.
NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Eden Prairie,
County of Hennepin, as follows:
1. The City is authorized to undertake the Clean Water Fund Grant Program through the Met
Council.
2. The City is authorized to enter into the Clean Water Fund Grant Agreement as attached
hereto and the Mayor and City Manager are authorized to execute the Agreement and any
other related documents necessary to undertake the Program.
3. The City designates the Environmental Coordinator as the Authorized Representative under
the Agreement and grants the Authorized Representative the authority to provide the
certifications required by the Agreement and to submit pay clams for reimbursement of
program costs. The City Manager may appoint a successor Authorized Representative if
required.
ADOPTED by the City Council of the City of Eden Prairie on this 2nd day of February, 2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda February 2,2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 12-5815 ITEM NO.: VIII.E.
Leslie Stovring Approve the Delegation Agreement with the MN
Public Works/Environmental Department of Natural Resources for Aquatic
Invasive Species Prevention
Requested Action
Move to: Approve the Delegation Agreement with the Minnesota Department of Natural Resources
for Aquatic Invasive Species Prevention and Inspection of Water-Related Equipment.
Synopsis
Riley-Purgatory-Bluff Creek Watershed District(RPBCWD)has requested that the City of Eden
Prairie establish a municipal aquatic invasive species inspection program. To aid in this effort, the
City intends to hire interns to manage the watercraft inspector program for the summer. In order for
City staff to receive training for the program, a Delegation Agreement(DA)with the Dept. of
Natural Resources (DNR)is required.
Background Information
On March 14, 2012 RPBCWD sent a letter acknowledging the City's efforts in establishing an
aquatic invasive species (AIS)program. An inspection program was approved on May 1, 2012 by
the City Council that targets Riley, Red Rock, Mitchell and Round Lakes. Staring Lake will also be
included as water quality and the fishery habitat improve. The hope is that implementation of the
inspection program will help in stopping the spread of invasive species such as zebra mussels. As
part of the program,the City agrees to hire interns to provide the inspections and manage the
program. In order for the DNR to provide the training required for AIS detection and prevention,
they require that the City sign a DA. The DA will be effective through December 31, 2017. All
internship hours would be paid by a combination of funding from the Riley-Purgatory-Bluff Creek
Watershed District(typically up to $25,000 per year) and the City's stormwater utility program.
The Delegation Agreement includes the following provisions:
• The DNR will provide training of individuals or contractors employed by the City.
• The DNR will provide training of licensed peace officers to enforce state invasive species law.
• The City will ensure there is adequate law enforcement staffing to support the inspectors.
• The City will ensure that individuals employed by the City and/or their contractors have
completed the training and certification program.
• The City will ensure that inspections are conducted in accordance with current DNR procedures.
• The City will support education and outreach programs to help increase public awareness about
the risks AIS pose and their ability to contribute to preventing or managing the spread of AIS.
• The City and DNR will regularly meet or consult to collaboratively develop the AIS program.
Attachment
Delegation Agreement
It 41 DELEGATION AGREEMENT
Aquatic Invasive Species (AIS) Prevention
Inspection of Water-related Equipment
MNDNR
This agreement is made by and between the Department of Natural Resources (referred to as DNR), an
administrative agency of the State of Minnesota and
City of Eden Prairie
(referred to as Governmental Unit), a local government unit(individually referred to generally as a Party
or together as Parties). Governmental unit is defined as a tribal or local government. This agreement is
entered into under authority granted to DNR pursuant to Minnesota Statutes section 84D.105.
WHEREAS AQUATIC INVASIVE SPECIES (AIS) are nonnative species that cause or may cause
economic or environmental harm or harm to human health or threatens or may threaten natural resources
or the use of natural resources in the state;
WHEREAS DNR has been authorized and charged with responsibility by the state legislature to establish
a statewide program to prevent and manage the spread of AIS in coordination with other governmental
entities; DNR has in its employ conservation officers trained and authorized to enforce the state invasive
species laws; and DNR has developed AIS inspection protocols;
WHEREAS pursuant to Minnesota Statutes section 84D.105, Subdivision 2(a), Governmental Unit is a
Tribal or local government that agrees to assume legal, financial, and administrative responsibilities for
inspection programs on some or all public waters within their jurisdiction; and
WHEREAS DNR and Governmental Unit are committed to three core principles:
• Coordination of their authority and resources to develop a reasonable and effective water-
related equipment inspection requirement to stop the spread of AIS in the state and prevent the
introduction of new AIS;
• a collaborative, cooperative approach to AIS management and prevention; and
• ensuring continued access to public waters.
NOW, THEREFORE it is mutually agreed by and between the Parties as follows:
1. PURPOSE. The purpose of this agreement is to enhance Minnesota's capacity to prevent the spread of
AIS by enabling local governmental units to perform AIS inspections and manage access to water
resources in keeping with the three principles stated above.
2. TASKS AND RESPONSIBILITIES.
A. DNR or its delegee will provide training of individuals employed by Governmental Unit and/or
individuals working for contractors to Governmental Unit as inspectors and, upon successful completion
of training and testing requirements, the DNR will certify individuals as authorized inspectors in
accordance with Minnesota Statutes section 84D.105, subd. 2(a). DNR will assume all obligation for
training to the extent set forth in Minnesota Statutes section 84D.105.
Page 1 of 4 Delegation Agreement
B. DNR will provide training of licensed peace officers identified by Governmental Unit to enforce
the state invasive species law, as it pertains to the transport,possession and use of water-related
equipment.
C. Governmental Unit will work with DNR and other governmental entities to ensure that
conservation officers and licensed peace officers are available to support Governmental Unit inspectors
when inspection stations are being operated.
D. Governmental Unit will design and implement an AIS inspection program, approved by DNR, on
some or all public waters within their jurisdiction utilizing existing authorities and the authority granted to
inspectors under Minnesota Statutes sections 84D.105, subd. 2(b) and 84D.10, subd. 3(a), clauses 1, 3,
and 4 (the Program). The program must comply with all requirements in Minnesota Statutes section
84D.105 and in DNR Watercraft Inspection Program procedures and manuals.
E. Governmental Unit will designate individuals employed by the Governmental Unit and/or
individuals working for contractors to Governmental Unit to serve as inspectors for the Program and
ensure that these individuals complete the required training and certification in paragraph 2A of this
agreement prior to performing inspections. Governmental Unit will help coordinate training of licensed
peace officers as provided under paragraph 2B of this agreement.
F. Governmental Unit will provide one or more inspection stations established under the Program
with trained and certified inspectors, who will exercise inspection authorities in accordance with current
DNR procedures and manuals. General inspection procedures include:
i. Visually and tactilely inspecting water-related equipment to determine whether aquatic
invasive species, aquatic macrophytes, or water is present;
ii. Instructing persons on how to comply with AIS laws by removing AIS, draining,
decontaminating, or treating AIS and water-related equipment to prevent the transportation and
spread of aquatic invasive species, aquatic macrophytes, and water;
iii. Issuing verbal orders to prohibit placing water-related equipment, that has AIS attached or
water that has not been drained, into waters of the state;
iv. With owner's consent, assisting with the removal of AIS and decontamination of water-related
equipment; and
v. Contacting Conservation Officers or licensed peace officers if a person transporting watercraft
or water-related equipment refuses to take corrective actions to remove AIS or fails to comply
with requirements to drain water prior to leaving the water access.
G. Governmental Unit will support education and outreach projects and programs designed to
increase public awareness and knowledge of the risks AIS pose to water resources and public capacity to
contribute to the effort to prevent and manage the spread of AIS.
H. Governmental Unit assumes legal, financial, and administrative responsibilities for their staff and
the actions of their staff and will bear costs incurred in completing the tasks and responsibilities herein,
except that DNR will provide, at its sole expense, staff and/or contracted professionals to coordinate and
conduct the training described herein.
I. Governmental Unit and DNR will regularly meet or consult with each other to collaboratively
develop the above-described elements of Governmental Unit AIS Program and potential models that
could be used by other local governments to help the prevent the spread of AIS, guided by the three core
principles stated above.
Page 2 of 4 Delegation Agreement
J. Governmental Unit must submit an annual report to the DNR summarizing the results and issues
related to implementing the inspection program.
3. INDEMNIFICATION. Each Party to this agreement shall be liable for its own acts and omissions
and the results thereof to the extent authorized by law and shall not be responsible for the acts and
omissions of the other party, its agents, volunteers or employees. It is understood and agreed that liability
and damages arising from the parties' acts and omissions are governed by the provisions of the Municipal
Tort Claims Act, Minnesota Statutes Chapter 466, the Minnesota Tort Claims Act, Minnesota Statutes
section 3.736, and other applicable laws.
4. TERM AND TERMINATION. The agreement becomes effective on the date of final signature. This
agreement expires on December 31, 1 2017 . The agreement may be terminated with or without cause
by 30-day written notice to the other Party.
5. ENTIRE AGREEMENT. This agreement supersedes any prior or contemporaneous representations
or agreements, whether written or oral, between DNR and Governmental Unit, and contains the entire
agreement with regard to the subject matter herein.
6. AMENDMENTS. This agreement may be amended only by the mutual consent of the parties in
writing, signed by each of the Parties.
7. NOTICE. Any written communication required under this agreement will be addressed to the other
Party as follows, except that any party may change its representative and/or address for notice by so
notifying the other Party in writing:
To DNR:
Watercraft Inspection Program Coordinator
Minnesota Department of Natural Resources
500 Lafayette Road, Box 25
St. Paul MN 55155-4025
To Governmental Unit:
Name/Title: I Leslie Stovrin2, City of Eden Prairie
Governmental Unit: City of Eden Prairie
Address: 8080 Mitchell Road
Address: 1 Eden Prairie,MN 55344
8. GOVERNING LAW AND VENUE. This agreement will be governed by and interpreted in
accordance with the laws of the State of Minnesota. Venue for all legal proceedings out of this agreement,
or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
9. WAIVERS. The waiver by DNR or Governmental Unit of any breach or failure to comply with any
provision of this agreement by the other Party will not be construed as nor will it constitute a continuing
waiver of such provision or a waiver of any other breach of or failure to comply with any other provision
of this agreement.
Page 3 of 4 Delegation Agreement
10. STATE AUDITS. Under Minnesota Statutes section 16C.05, subd. 5, Governmental Unit books,
records, documents, and accounting procedures and practices relevant to this agreement are subject to
examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum
of six years from the end of this agreement.
11. GOVERNMENT DATA PRACTICES. Governmental Unit and DNR must comply with the
Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, as it applies to all data
provided by DNR under this agreement, and as it applies to all data created, collected, received, stored,
used, maintained, or disseminated by Governmental Unit under this agreement. The civil remedies of
Minnesota Statute section 13.08 apply to the release of the data referred to in this clause by either
Governmental Unit or DNR.
If Governmental Unit receives a request to release the data referred to in this Clause, Governmental Unit
must immediately notify DNR. DNR will give Governmental Unit instructions concerning the release of
the data to the requesting party before the date the Data Practices Act requires that the data be released.
The state complies with Minnesota Government Date Practices Act regarding the released of any data
created, collected, received, stored, used, maintained, or disseminated by the respective party under this
agreement. The state and the local government unit shall let each other know when a data request has
been received.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto execute and deliver this
agreement.
DEPARTMENT OF NATURAL RESOURCES
By:
Title: Director, Division of Ecological and Water Resources
Date:
COMMISSIONER OF ADMINISTRATION
By:
Title:
Date:
GOVERNMENTAL UNIT: I City of Eden Prairie
By: By:
Title: Title:
Date: Date:
Page 4 of 4 Delegation Agreement
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda February 2, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F.
Joe Dusek Approve Construction Contract with E.H.
Public Works/Utilities Renner to Rehabilitate Well 10
Requested Action
Move to: Approve a construction contract with E.H. Renner to rehabilitate well 10 in the
amount of$37,800.
Synopsis
The City of Eden Prairie Utilities Division obtained proposals from three competent regional
well drillers for the rehabilitation work at Municipal Well No. 10 located at 6910 Edenvale
Boulevard. The least-cost proposal was offered by E.H Renner. Staff recommends acceptance
of the proposal in the amount of$37,800 to be paid from the water enterprise fund.
Background Information
Municipal Well No. 10 was constructed in 1987 and provided a sustained pumping rate of 1400
gallons of water per minute for many years. Well 10 is due for routine inspection and
maintenance services, with no planned upgrade to the pump or motor. The existing flow meter
will be replaced with a magnetic flow meter.
To evaluate our options for sustaining the performance of the well, we consulted with Advanced
Engineering who recommended an economically feasible upgrade, with no pump or motor
replacement.
Attachment
Recommendation Letter with bid tabulation
Contract
HE2S'
January 19th 2016
Mr. Joe Dusek
Water Treatment Supervisor
City of Eden Prairie
Re: Recommendation for Notice of Award
Well No. 10 Downhole Rehabilitation Project
City of Eden Prairie, Minnesota
Dear Mr. Dusek:
Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically
Friday January 15th at 2 PM. A total of three (3) quotes were received for the project. Pursuant
to our review of the quotes received, it appears that all were completed in accordance with the
requirements of the Request for Quotes (RFQ).
A summary of the Quote Tabulation is below for your reference.
Contractor Name Well No. 10 Rehabilitation
Keys Well Drilling $38,240
E. H. Renner _ $37,800
Bergerson Caswell $42,995
Pending Eden Prairie's official's acceptance of the proposed contract prices, Advanced
Engineering and Environmental Services, Inc. (AE2S) recommends that the City award the
construction contract for Well No. 10 Rehabilitation to E. H. Renner since they were the lowest
responsive and responsible bidder for $37,800.
AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this
project for the City. Should you or anyone at the City have any questions or comments
regarding this letter, please feel free to contact me directly at 763-463-5036.
Sincerely,
Nancy Zeigler, PE
Project Manger
Standard Agreement for Contract Services
This Agreement ("Agreement") is made on the 20`h day of January, 2016, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and E.H. Renner, a Minnesota well driller (hereinafter "Contractor")
whose business address is 15688 Jarvis NW, Elk River, MN 55330.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for
service and upgrade of well 10 hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take
precedence over any provisions of the Contractor's proposal and/or general conditions.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of
January 20, 2016. The Work shall be completed by June 1, 2016.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its emploYees will park in service areas or lots and use entries and
exits as designated by City. Contractor's personnel will contact the appropriate
person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon
entering the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests
and employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d. Contractor's personnel must be neat appearing, wear a uniform and badge that
clearly identifies them as a service contractor, and abide by City's no smoking
policies.
e. Contractor must honor the City's request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor's personnel will be provided with keys or access cards
in order to perform their work. Any lost keys or cards that result in rekeying a space
or other cost to the City will be billed back to the Contractor.
4. City's Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $37,800 as
full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Contract, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor has designated Katie Welle to Manage the Work. They
shall be assisted by other staff members as necessary to facilitate the completion of the
Work in accordance with the terms established herein. Contractor may not remove or
replace the designated manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor
shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall
not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Contract. Contractor shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Standard Agreement for Contract Services 2014.01 Page 2 of 8
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products —Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
shall cover liability arising from premises, operations, independent contractors,
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in
a business contract). There shall be no endorsement or modification of the
Commercial General Liability form arising from pollution, explosion, collapse,
underground property damage or work performed by subcontractors.
d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden
Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13;
and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent.
f. All policies shall apply on a "per project" basis.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All policies shall be primary and non-contributory.
i. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City's written acceptance of
the Work.
Standard Agreement for Contract Services 2014.01 Page 3 of 8
k. It shall be Contractor's responsibility to pay any retention or deductible for the
coveraeges required herein.
I. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days' prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor's sole expense and with insurance companies licensed to
do business in the state in Minnesota and having a current A.M. Best rating of no
less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor's Work. Upon request a copy of the Contractor's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Contractor of any deficiencies in such documents and receipt
thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to
enforce the terms of Contractor's obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise
to a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees
that this indemnity shall be construed and applied in favor of indemnification.
Contractor also agrees that if applicable law limits or precludes any aspect of this
indemnity, then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all applicable
statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Standard Agreement for Contract Services 2014.01 Page 4 of 8
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or
for which it may be liable resulting from any breach of this Agreement by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Contractor, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Contractor harmless from
and against any loss for injuries or damages arising out of the negligent acts of the City, its
officers, agents or employees.
11. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach or
non-performance of the other party ("notified party") shall give the notified party
notice in writing of the notifying party's desire to terminate this Agreement describing
the breach or non-performance of this Agreement entitling it to do so. The notified
party shall have five (5) days from the date of such notice to cure the breach or non-
performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from city's premises
any and all of Contractor's equipment and other property. Except for liability resulting
from acts or omissions of a party, arising, taken or omitted prior to such termination,
the rights and obligations of each party resulting from this Agreement shall cease
upon such termination. Any prior liability of a party shall survive termination of this
Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall
terminate on the notice becoming effective. 1
12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-
delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified
mail at the following address:
Katie Welle
15688 Jarvis Street NW
Elk River, MN 55330
Standard Agreement for Contract Services 2014.01 Page 5 of 8
Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City
by certified mail at the following address:
Joe Dusek
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Notices shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Contractor an employee of the City.
14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period of
six (6) years after the effective date of this Agreement. This Agreement is subject to the
Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices
Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7,
which is created, collected, received, stored, used, maintained, or disseminated by
Contractor in performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the Data Practice Act and Contractor shall
comply with those requirements as if it were a government entity. All subcontracts entered
into by Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Contractor shall incorporate the foregoing requirements of this paragraph
in all of its subcontracts for program work, and will require all of its subcontractors for such
work to incorporate such requirements in all subcontracts for program work. The Contractor
further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
Standard Agreement for Contract Services 2014.01 Page 6 of 8
17. Conflicts. No salaried officer or employee of the City and no member of the Council, or
Commission, or Board of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the agreement void.
18. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the former
employer in each case.
19. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Agreement or thereafter of any of the rights
or remedies of the City under this Agreement.
22. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded any of them under the Agreement, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
26. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between
Standard Agreement for Contract Services 2014.01 Page 7 of 8
the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Agreement
and entitle the City to immediately terminate this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONTRACTOR
By:
Its:
Standard Agreement for Contract Services 2014.01 Page 8 of 8
Exhibit A
Perform well inspection and rehabilitation for well 10, which will include all materials, supplies,
and labor.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda February 2, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.G.
Joe Dusek Approve Construction Contract with Keys
Public Works/Utilities Well Drilling to Rehabilitate Well 14
Requested Action
Move to: Approve construction contract with Keys Well Drilling to service well 14 in the
amount of$36,815.
Synopsis
The City of Eden Prairie Utilities Division obtained proposals from three competent regional
well drillers for the rehabilitation work at Municipal Well No. 14 located at 14550 Lone Oak
Road. The least-cost proposal was offered by Keys Well Drilling. Staff recommends acceptance
of the proposal in the amount of$36,815 to be paid from the water enterprise fund.
Background Information
Municipal Well No. 14 was constructed in 2000 and provided a sustained pumping rate of 1400
gallons of water per minute for many years. Well 14 is due for routine inspection and
maintenance services, with no planned upgrade to the pump or motor. The existing flow meter
will be replaced with a magnetic flow meter.
To evaluate our options for sustaining the performance of the well, we consulted with Advanced
Engineering who recommended an economically feasible upgrade, with no pump or motor
replacement.
Attachment
Recommendation Letter with bid tabulation
Contract
• .
� HE2S'
January 19th 2016
Mr. Joe Dusek
Water Treatment Supervisor
City of Eden Prairie
Re: Recommendation for Notice of Award
Well No. 14 Downhole Rehabilitation Project
City of Eden Prairie, Minnesota
Dear Mr. Dusek:
Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically
Friday January 15th at 2 PM. A total of three (3) quotes were received for the project. Pursuant
to our review of the quotes received, it appears that all were completed in accordance with the
requirements of the Request for Quotes (RFQ).
A summary of the Quote Tabulation is below for your reference.
Contractor Name Well No. 14 Rehabilitation
Keys Well Drilling $36,815
E. H. Renner $37,265
Bergerson Caswell $40,295
Pending Eden Prairie's official's acceptance of the proposed contract prices, Advanced
Engineering and Environmental Services, Inc. (AE2S) recommends that the City award the
construction contract for Well No. 14 Rehabilitation to Keys Well Drilling since they were the
lowest responsive and responsible bidder for $36,815.
AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this
project for the City. Should you or anyone at the City have any questions or comments
regarding this letter, please feel free to contact me directly at 763-463-5036.
Sincerely,
Nancy Zeigler, PE
Project Manger
Standard Agreement for Contract Services
This Agreement ("Agreement") is made on the 20th day of January, 2016, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and Keys Well Drilling, a Minnesota well driller (hereinafter
"Contractor") whose business address is 1156 Homer Street, St. Paul, MN 55116.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for
service and upgrade of well 14 hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take
precedence over any provisions of the Contractor's proposal and/or general conditions.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of
January 20, 2016. The Work shall be completed by June 1, 2016.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor's personnel will contact the appropriate
person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon
entering the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests
and employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d. Contractor's personnel must be neat appearing, wear a uniform and badge that
clearly identifies them as a service contractor, and abide by City's no smoking
policies.
e. Contractor must honor the City's request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor's personnel will be provided with keys or access cards
in order to perform their work. Any lost keys or cards that result in rekeying a space
or other cost to the City will be billed back to the Contractor.
4. City's Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $36815.00
as full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Contract, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor has designated Nick Keys to Manage the Work. They
shall be assisted by other staff members as necessary to facilitate the completion of the
Work in accordance with the terms established herein. Contractor may not remove or
replace the designated manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor
shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall
not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Contract. Contractor shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Standard Agreement for Contract Services 2014.01 Page 2 of 8
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products—Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
shall cover liability arising from premises, operations, independent contractors,
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in
a business contract). There shall be no endorsement or modification of the
Commercial General Liability form arising from pollution, explosion, collapse,
underground property damage or work performed by subcontractors.
d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden
Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13;
and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent.
f. All policies shall apply on a "per project" basis.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All policies shall be primary and non-contributory.
i. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City's written acceptance of
the Work.
Standard Agreement for Contract Services 2014.01 Page 3 of 8
k. It shall be Contractor's responsibility to pay any retention or deductible for the
coveraeges required herein.
I. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days' prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor's sole expense and with insurance companies licensed to
do business in the state in Minnesota and having a current A.M. Best rating of no
less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor's Work. Upon request a copy of the Contractor's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Contractor of any deficiencies in such documents and receipt
thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to
enforce the terms of Contractor's obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise
to a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees
that this indemnity shall be construed and applied in favor of indemnification.
Contractor also agrees that if applicable law limits or precludes any aspect of this
indemnity, then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all applicable
statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Standard Agreement for Contract Services 2014.01 Page 4 of 8
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or
for which it may be liable resulting from any breach of this Agreement by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Contractor, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Contractor harmless from
and against any loss for injuries or damages arising out of the negligent acts of the City, its
officers, agents or employees.
11. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach or
non-performance of the other party ("notified party") shall give the notified party
notice in writing of the notifying party's desire to terminate this Agreement describing
the breach or non-performance of this Agreement entitling it to do so. The notified
party shall have five (5) days from the date of such notice to cure the breach or non-
performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City's premises
any and all of Contractor's equipment and other property. Except for liability resulting
from acts or omissions of a party, arising, taken or omitted prior to such termination,
the rights and obligations of each party resulting from this Agreement shall cease
upon such termination. Any prior liability of a party shall survive termination of this
Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall
terminate on the notice becoming effective.
12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand-
delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified
mail at the following address:
Nick Keys
1156 Homer Street
St. Paul, MN 55116
Standard Agreement for Contract Services 2014.01 Page 5 of 8
Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City
by certified mail at the following address:
Joe Dusek
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Notices shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Contractor an employee of the City.
14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period of
six (6) years after the effective date of this Agreement. This Agreement is subject to the
Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices
Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7,
which is created, collected, received, stored, used, maintained, or disseminated by
Contractor in performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the Data Practice Act and Contractor shall
comply with those requirements as if it were a government entity. All subcontracts entered
into by Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Contractor shall incorporate the foregoing requirements of this paragraph
in all of its subcontracts for program work, and will require all of its subcontractors for such
work to incorporate such requirements in all subcontracts for program work. The Contractor
further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
Standard Agreement for Contract Services 2014.01 Page 6 of 8
17. Conflicts. No salaried officer or employee of the City and no member of the Council, or
Commission, or Board of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the agreement void.
18. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the former
employer in each case.
19. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Agreement or thereafter of any of the rights
or remedies of the City under this Agreement.
22. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded any of them under the Agreement, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
26. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between
Standard Agreement for Contract Services 2014.01 Page 7 of 8
the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Agreement
and entitle the City to immediately terminate this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONTRACTOR
By:
Its:
Standard Agreement for Contract Services 2014.01 Page 8 of 8
Exhibit A
Perform well inspection and rehabilitation for well 14, which will include all materials, supplies,
and labor.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Agenda February 2, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H.
Joe Dusek Award contract to Premier Electrical
Public Works/Utilities Corporation for the replacement of well 12
VFD, well 12 control upgrades, and mag meter
wiring on wells 10 and 14
Requested Action
Move to: Award contract to Premier Electrical Corporation for the replacement of the
Variable Frequency Drive (VFD) at well 12, control upgrade at well 12, and
electrical work associated with the mag meter installations at wells 10 and 14 in
the amount of$51,485.
Synopsis
The existing VFD at Eden Prairie's well 12 location has failed beyond repair. The City of Eden
Prairie Utilities Division obtained proposals from three competent regional electrical contractors
for the well 12 VFD replacement, control upgrades, and well 10 and 14 electrical work
associated with the mag meter installations. The least-cost proposal was offered by Premier
Electrical Corporation. Staff recommends acceptance of the proposal in the amount of$51,485
to be paid from the water enterprise fund.
Background Information
Variable Frequency Drives, or VFD's are electrical devices which enable motors to be operated
at any speed. To save energy consumption and better manage the pumping of water from our
wells, Eden Prairie began installing VFD's in the 1990's. The typical life expectancy of a VFD
is approximately 12-15 years.
To evaluate our options for replacing the VFD, we consulted with Advanced Engineering, who
recommended a full VFD replacement and control upgrade.
Attachment
Recommendation Letter with bid tabulation
•
Er Ezs
January 19"1' 2016
Mr, Joe Dusek
Water Treatment Supervisor
City of Eden Prairie
Re: Recommendation for Notice of Award
Well 12 VFD Replacement and control upgrades & Meter Connections at 10 &14
Electrical Rehabilitation Project
City of Eden Prairie, Minnesota
Dear Mr. Dusek:
Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically
Friday January 151" at 2:00 PM CST electronically sent to you. A total of three (3) quotes were
received for the project. Pursuant to our review of the quotes received, it appears that all were
completed in accordance with the requirements of the RFQ.
A detailed copy of the Bid Opening Tabulation is below for your reference.
Contractor Name Base Bid (VFD and Meters) Well 12 Controls Alternate
Electrical Installation and $42,000 $14,000
Maintenance Co. _
Prairie Electric Co. $47,986 $12,990
Premier Electrical Co. $38,685 $12,800
Pending Eden Prairie's official's acceptance of the proposed contract price, Advanced
Engineering and Environmental Services, Inc. (AE2S) recommends that the City award a
construction contract to Premier Electric Co. Premier was the lowest responsive and
responsible bidder for a Lump Sum Bid price of $38,685 (Base Bid) and $12,800 (Controls
Alternate).
AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this
project for the City. Should you or anyone at the City have any questions or comments
regarding this letter, please feel free to contact me directly.
Sincerely,
Charles D. Haupert, PE
Electrical Engineer
Standard Agreement for Contract Services
This Agreement ("Agreement") is made on the 20th day of January, 2016, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and Premier Electrical Corporation, a Minnesota electrical contractor
(hereinafter "Contractor") whose business address is 4401 85th Ave. NO., Brooklyn Park, MN
55443-1937..
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for
well 12 VFD Replacement, well 12 control upgrade, and well 10 and well 14 flow meter
installation hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take
precedence over any provisions of the Contractor's proposal and/or general conditions.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of
January 20, 2016. The Work shall be completed by June 1, 2016.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor's personnel will contact the appropriate
person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon
entering the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests
and employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d. Contractor's personnel must be neat appearing, wear a uniform and badge that
clearly identifies them as a service contractor, and abide by City's no smoking
policies.
e. Contractor must honor the City's request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor's personnel will be provided with keys or access cards
in order to perform their work. Any lost keys or cards that result in rekeying a space
or other cost to the City will be billed back to the Contractor.
4. City's Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $51,485.00
as full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Contract, the invoice or bill must include the
following signed and dated statement: "I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid."
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor has designated Steve Swanson to Manage the Work.
They shall be assisted by other staff members as necessary to facilitate the completion of
the Work in accordance with the terms established herein. Contractor may not remove or
replace the designated manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor
shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall
not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Contract. Contractor shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker's Compensation Statutory Limits
Standard Agreement for Contract Services 2014.01 Page 2 of 8
Employer's Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products —Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
shall cover liability arising from premises, operations, independent contractors,
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in
a business contract). There shall be no endorsement or modification of the
Commercial General Liability form arising from pollution, explosion, collapse,
underground property damage or work performed by subcontractors.
d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is not
available.
e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden
Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13;
and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent.
f. All policies shall apply on a "per project" basis.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All policies shall be primary and non-contributory.
i. All polices, except the Worker's Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City's written acceptance of
the Work.
Standard Agreement for Contract Services 2014.01 Page 3 of 8
k. It shall be Contractor's responsibility to pay any retention or deductible for the
coveraeges required herein.
I. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days' prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days' prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor's sole expense and with insurance companies licensed to
do business in the state in Minnesota and having a current A.M. Best rating of no
less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor's Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor's Work. Upon request a copy of the Contractor's insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Contractor of any deficiencies in such documents and receipt
thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to
enforce the terms of Contractor's obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise
to a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees
that this indemnity shall be construed and applied in favor of indemnification.
Contractor also agrees that if applicable law limits or precludes any aspect of this
indemnity, then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all applicable
statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Standard Agreement for Contract Services 2014.01 Page 4 of 8
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or
for which it may be liable resulting from any breach of this Agreement by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Contractor, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Contractor harmless from
and against any loss for injuries or damages arising out of the negligent acts of the City, its
officers, agents or employees.
11. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach or
non-performance of the other party ("notified party") shall give the notified party
notice in writing of the notifying party's desire to terminate this Agreement describing
the breach or non-performance of this Agreement entitling it to do so. The notified
party shall have five (5) days from the date of such notice to cure the breach or non-
performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City's premises
any and all of Contractor's equipment and other property. Except for liability resulting
from acts or omissions of a party, arising, taken or omitted prior to such termination,
the rights and obligations of each party resulting from this Agreement shall cease
upon such termination. Any prior liability of a party shall survive termination of this
Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall
terminate on the notice becoming effective.
12. Notice, Required notices to the Contractor shall be in writing, and shall be either hand-
delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified
mail at the following address:
Steve Swanson
4401 85th Ave NO
Brooklyn Park, MN 55443
Standard Agreement for Contract Services 2014.01 Page 5 of 8
Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City
by certified mail at the following address:
Joe Dusek
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Notices shall be deemed effective on the date of receipt. Any party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Contractor and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Contractor an employee of the City.
14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
15. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period of
six (6) years after the effective date of this Agreement. This Agreement is subject to the
Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices
Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7,
which is created, collected, received, stored, used, maintained, or disseminated by
Contractor in performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the Data Practice Act and Contractor shall
comply with those requirements as if it were a government entity. All subcontracts entered
into by Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
16. Non-Discrimination. During the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Contractor shall incorporate the foregoing requirements of this paragraph
in all of its subcontracts for program work, and will require all of its subcontractors for such
work to incorporate such requirements in all subcontracts for program work. The Contractor
further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
Standard Agreement for Contract Services 2014.01 Page 6 of 8
17. Conflicts. No salaried officer or employee of the City and no member of the Council, or
Commission, or Board of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the agreement void.
18. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the former
employer in each case.
19. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
20. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Agreement or thereafter of any of the rights
or remedies of the City under this Agreement.
22. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract.
25. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded any of them under the Agreement, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
26. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to
the subject matter hereof as well as any previous agreements presently in effect between
Standard Agreement for Contract Services 2014.01 Page 7 of 8
the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or
waivers of the provisions of this Agreement shall be valid only when expressed in writing
and duly signed by the parties, unless otherwise provided herein.
27. Compliance with Laws and Regulations. In providing services hereunder, the Contractor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Agreement
and entitle the City to immediately terminate this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONTRACTOR
By:
Its:
Standard Agreement for Contract Services 2014.01 Page 8 of 8
Exhibit A
1) Supply 18 pulse VFD with freight and taxes included in price.
2) Demo and Dispose of existing VFD located at well 12 location.
3) Labor to install new VFD which includes startup and documentation.
4) Well #10  flow meter installation.
5) Supply and install control upgrade at well #12.
CITY COUNCIL AGENDA DATE:
SECTION: Consent Calendar February 2, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.I.
Denise Christensen Release of Agreements Regarding Special
Assessments
Public Works/Engineering
Requested Action
Move to: Approve the Release of Agreement Regarding Special Assessments No. 99-01 for Lots 1
through 18, Block 1; Lots 1 through 6, Block 2; Lots 1 through 9, Block 3; Lots 1 through 9, Block
4; Lots 1 through 12, Block 5; Lots 1 through 35, Block 6; Settlers Ridge 3rd Addition, Hennepin
County, Minnesota.
Synopsis
On July 6, 1999, the City of Eden Prairie entered into an Agreements Regarding Special
Assessments with Settlers Ridge Limited Partnership pertaining to the levying of special
assessments for Trunks and Pioneer Trail improvements for the Settlers Ridge 3rd development.
Background Information
The improvements contemplated by the Agreements have been levied; therefore, the property
should be released from the Agreements Regarding Special Assessments.
Attachment
Release of Agreement Regarding Special Assessments
(Top 3 inches reserved for recording data)
RELEASE OF AGREEMENT REGARDING SPECIAL ASSESSMENTS
DATE:February 2,2016
FOR VALUABLE CONSIDERATION,the real property in Hennepin County,Minnesota, legally described as follows:
Lots 1 through 18, Block I;Lots I through 6,Block 2;Lots 1 through 9,Block 3; Lots 1 through 9,Block 4;Lots 1 through
I2,Block 5; Lots 1 through 35,Block 6;Settlers Ridge 3rd Addition,Hennepin County,Minnesota
Check here if all or part of the described real property is Registered(Torrens)X
is hereby released from the Agreement Regarding Special Assessments,dated July 6, 1999,executed between
the City of Eden Prairie and Settlers Ridge Limited Partnership, filed on August 6, 1999,as Document Number 7159495, in
the Office of the County Recorder and filed on November 23, 1999,as Document Number 3227777, in the Office of the
Registrar of Titles of Hennepin County,Minnesota,
CITY OF EDEN PRAIRIE
By:
Nancy Tyra-Lukens
Its:Mayor
By:
Rick Getschow
Its; City Manager
STATE OF MLNNESOTA )
)ss,
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,2011 by Nancy Tyra-
Lukens, and Rick Getschow, the Mayor and City Manager, respectively, of the City of Eden Prairie, a Minnesota municipal
corporation,on behalf of said corporation.
Notary Public
This instrument was drafted by:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie,Minnesota 55344
CITY COUNCIL AGENDA DATE: February 2, 2016
SECTION: Public Hearings
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A.
Community Maintenance Outdoor Storage Site
Development/Planning (M.O.S.S)
Janet Jeremiah/Steve Durham
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Resolution for Site Plan Approval on 13.45 acres; and
Synopsis
The proposal includes construction of a single story 1st phase 9,600 gross square feet cold storage
(unheated) equipment building for storage of off season equipment. A 2nd phase will include a
1,408 square feet heated storage space. Total building area is 11,008 square feet. No office space
or employees will be located at this site. The project as proposed meets or exceeds Performance
Standards for the Industrial I-Gen Zoning District. The proposed landscape plan meets City Code
requirements and will provide screening from the east and southwest. No tree loss is proposed
with this project. The site has no outdoor storage or parking to screen.
Background
In 2005 the City granted site plan approval to allow the construction of an 11,700 square foot
sand/salt storage building. The Master Plan, approved in 2005, included a future building for
storage of off season equipment.
The 120-Day Review Period Expires on March 15, 2016.
Planning Commission Recommendation
The Planning Commission voted 6-0 to recommend approval of the project at the January 11,
2016 meeting.
The Planning Commission reviewed a 12,884 square foot cold storage (unheated) equipment
storage building for storage of off season equipment. Between Planning Commission and City
Council the project has been scaled to 11,008 square feet. The exterior plan remains the same as
reviewed by the Planning Commission, only a smaller footprint.
Attachments
1. Resolution Site Plan Approval
2. Staff Report dated January 6, 2016
3. Location Map
4. Guide Plan Map
5. Zoning Map
6. Aerial Map
7. Approved Planning Commission minutes 1-11-16
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR M.O.S.S. MAINTENANCE OUTDOOR STORAGE SITE (M.O.S.S.)
BY THE CITY OF EDEN PRAIRIE
WHEREAS, The City of Eden Prairie, has applied for Site Plan approval of 13.45 acres
to construct a cold storage equipment building, located at 9811 Flying Cloud Drive, Eden Prairie,
Minnesota; and
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Site
Plan Review of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on January 11, 2016
for the M.O.S.S. site presented by DSO Architecture on behalf of the City of Eden Prairie, and
considered the request for approval of the Site Plan Review and recommended approval of the
request to the City Council; and
WHEREAS, the City Council did consider the request on February 2, 2016.
NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE,MINNESOTA that site plan approval is granted as
follows:
1. M.O.S.S., being in Hennepin County, Minnesota, legally described as outline in
Exhibit A, is attached hereto and made a part hereof.
2. That the City Council does grant Site Plan Review Approval based on the information
in the Planning Commission Staff Report dated January 6, 2016; The City Council
Cover Memo dated February 2, 2016 and plans stamp dated January 20, 2016.
ADOPTED by the City Council of the City of Eden Prairie this 2nd day of February,
2016.
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta, City Clerk
STAFF REPORT
TO: Planning Commission
FROM: Steve Durham, Planner II
DATE: January 6, 2016
SUBJECT: M.O.S.S. (Maintenance Outdoor Storage Site)
LOCATION: 9811 Flying Cloud Drive, Eden Prairie, MN
120 DAY REVIEW: March 15, 2016
REQUEST: Site Plan Review on 13.45 acres for construction of cold storage equipment
building
BACKGROUND
The City of Eden Prairie acquired the former Drive-In Theater site from BFI in 2002 for the purpose
of developing a maintenance outside storage site (M.O.S.S.) The site is currently zoned Industrial
General,I-Gen.The I-Gen Zoning District permits outdoor storage.In 2005 the City granted site plan
approval to allow the construction of an 11,700 square foot sand/salt storage building. The Master
Plan approved in 2005 included a future building for storage of off season equipment.
COMPREHENSIVE PLAN AND ZONING
The property is currently zoned I-Gen and guided for Industrial Development. The surrounding
property to the north and west is guided Airport. The property to the east and south is guided
Industrial.
SITE PLAN
The request is to approve a single-story 12,884 gross square feet cold storage(unheated)equipment
building for storage of off season equipment. The project, as proposed, meets or exceeds
Performance Standards for the Industrial I-Gen Zoning District. Access to the site will be via the
existing hard surfaced driveway from Flying Cloud Drive. The building will meet and exceed the
required setbacks for the I-Gen Zoning District.The exterior building materials meet or exceed the I-
Gen Zoning District Requirement. The roof will be metal and is an approved roof material. The
required parking for this building is 7 parking stalls. The site has an existing hard-surfaced parking
lot to accommodate the parking.Heavy duty bituminous will be installed at the overhead entry doors
and next to the exterior covered cold bin storage areas. One LED street light will be added to the site
and will match the existing fixtures on the site.
No employees or office uses will be located at this site.
Staff Report— M.O.S.S. (Maintenance Outdoor Storage Site)
January 6, 2016
TREE LOSS AND LANDSCAPING
No Tree loss is proposed with this project. The proposed landscape meets City Code requirements
and will provide screening from the east and southwest. A berm along the west lot line screens the
site from Flying Cloud Drive. The site has no outdoor storage or parking to screen. The proposed
species are appropriate for the climate.
STAFF RECOMMENDATION
Recommend approval of the following request:
• Site Plan review on 13.45 Acres
The Recommendation is based on plans stamp dated December 31, 2015, the Staff Report dated
January 6, 2016 and the following conditions:
Prior to building permit issuance for the property, the applicant shall:
A. Provide all existing utilities including electric,gas,telephone and cable indicated on the final
plans as required by State Statue.
2
Area Location Map - M .O.S.S.
Project # 2015-23
Address : 9811 Flying Cloud Drive
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9811 Flying Cloud Drive, Eden Prairie, MN 55347
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City of Ed n Prairie Land Use Guide
P 0-2030
Rural Residential 0.10 Units/Acre Neighborhood Commercial
Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams
17.7 Low Density/Public/Open Space - Regional Commercial -Principal Arterial
-A Minor Arterial
Medium Density residential 2.5-10 Units/Acre ®Town Center .
-B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06
nMedium Density Residential/Office - Park/Open Space -Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07
DATE Revised
11-07-05 DATE Revised 06-01-07 EDEN
I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07
Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08
nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09
Office - Church/Cemetary PRAIRIE
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Industrial
Zoning Map - M.O.S.S. Project #2015-23
9811 Flying Cloud Drive, Eden Prairie, MN 55347
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R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters
R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters
R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t
R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Floodplain
RM-6.5 Multi-Family-6.7 U.P.A.max. ll Industrial Park-5Acre Min.
-RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008
EDE Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE
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Neighborhood Commercial n Golf Course Date:March 1,2009
Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M
and attached legal description on file at Eden Paine Ciry Center will prevail.
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Aerial Map -M.O.S.S. Project #2015-23
Address: 9811 Flying Cloud Drive, Eden Prairie, Minnesota 55347
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APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JANUARY 11, 2016 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins,
Charles Weber, Andrew Pieper, Ed Farr
STAFF MEMBERS: Julie Klima, City Planner
Rod Rue, City Engineer
Matt Bourne, Manager of Parks and Natural Resources
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE — ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Weber was absent and Pieper
arrived during approval of the minutes.
II. APPROVAL OF AGENDA
MOTION by Kirk, seconded by Farr, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON DECEMBER 7, 2015
Kirk had three changes; the first change is on page 4, paragraph 3, second
sentence. He would like 2-story changed to 3-story. The second change is on
page 5, paragraph 3, first sentence. He would like the word landscape changed
to tree replacement. The third change is on page 7, paragraph 3 under Kal
Point, second sentence. He would like the word architect changed to civil
engineer.
MOTION by Higgins, seconded by Kirk, to approve the Amended Planning
Commission Minutes. Motion carried 6-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. M.O.S.S SITE
Location: 9811 Flying Cloud Drive
PLANNING COMMISSION MINUTES
January 11, 2016
Page 2
Request for:
• Site Plan Review on 13.45 acres
Dan O'Brien, of 15703 Boulder Creek Drive, Minnetonka and architect on the
project, presented the proposal. He stated he has been retained by the City to
design the cold storage equipment site. The site was purchased in 2002, and
initial development was done on this site in 2005. The development that is
proposed tonight is for a single-story 12,884 square foot cold storage equipment
building for storage of off season equipment. It is designed as a simple building,
much like a big garage. In regards to the landscape plan, Mr. O'Brien said they
will make up for the deficit that was created onsite when the salt storage
building was constructed. The landscaping is visible from Pioneer Trail, so
adding more trees to this area will soften up the look in the area. This building
will be a pre-cast concrete structure. There will be a round window added to the
front of the building and he stated they did add more glass to the building to
comply with the 75% construction materials requirement.
Chair Stoltz asked Klima to review the staff report. Klima said the request is for a
site plan review for a cold storage unit and the proposal meets or exceeds
standards. Staff recommendation is for approval.
Farr asked what the gravel path to the east was in regards to. Mr. O'Brien said
it is a connection between the landfill and Flying Could Drive.
Farr said the plan shows a sprinkler system and asked why they would not need
sanitary sewer. The project proponent said the building was designed not to
have sanitary sewer and the sprinkler system will be drained by other means.
Farr asked if there are fire hydrants on site. The project proponent said they
were close by. Klima said the Eden Prairie Fire Department has reviewed the
proposal.
Wuttke asked the project proponent about the drive thru lanes within the
proposed building and how many there were. Mr. O'Brien said there will be
only one drive thru lane going from the south to the north; the others will be a
pull in. Wuttke asked why they do not have more drive thru lanes. Robert Ellis,
Eden Prairie Public Works Director, said the users of the proposed building
were consulted regarding how to best utilize the building and noted if there is an
expansion in the future for the building then they will have an opportunity to
create more drive thru lanes.
Wuttke asked if there was going to be maintenance performed on the vehicles in
the building. Mr. O'Brien said there would not be maintenance performed on
the vehicles because it is just a storage facility.
Wuttke asked about the temperature in the northwest area of the building where
they sprinkler unit is located. Mr. O'Brien said the exterior walls are insulated
PLANNING COMMISSION MINUTES
January 11, 2016
Page 3
and there will be security systems to alert people if the building falls below a
certain temperature.
Higgins questioned security on the site. Mr. O'Brien noted there is discussion
about the possibility of installing a gate at the entrance to the property.
Chair Stoltz opened the meeting up for public input. There was no input.
MOTION by Wuttke, seconded by Higgins, to close the public hearing.
Motion carried 6-0.
MOTION by Wuttke, seconded by Kirk, to recommend approval of the site
Plan Review on 13.45 acres based on the information included in the staff report
dated January 6, 2016 and plans stamp dated December 31, 2015. Motion
carried 6-0.
VII. PLANNERS' REPORT
Klima said the City Council will host the Boards and Workshop meeting on
Tuesday, January 19th from 5 to 6:30 pm in the Heritage Room.
VIII. MEMBERS' REPORT
A. COMMUNITY ADVISORY COMMITTEE—LIGHT RAIL
Pieper said there has not been a recent meeting due to the holidays.
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Kirk, seconded by Higgins, to adjourn the Planning Commission
meeting. Motion carried 6-0.
Chair Stoltz adjourned the meeting at 7:34 p.m.
CITY COUNCIL AGENDA
DATE:
SECTION: Payment of Claims February 2, 2016
DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.
Sue Kotchevar, Office of the Payment of Claims
City Manager/Finance
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 244318 - 244531
Wire Transfers 1013052 - 1013153
Wire Transfers 5646 - 5659
City of Eden Prairie
Council Check Summary
2/3/2016
Division Amount Division Amount
45,239 308 E-911 36,074
100 City Manager 30 309 DWI Forfeiture 42
110 City Clerk 2,950 315 Economic Development 158
111 Customer Service 1,570 445 Cable PEG 12,660
112 Human Resources 40 502 Park Development 998
113 Communications 8,299 509 CIP Fund 22,956
114 Benefits&Training 5,484 526 Transportation Fund 13,603
132 Housing and Community Services 12,482 527 CIP-Leasing Costs 240
133 Planning -798 528 Shady Oak Rd-CR 61 North 0
136 Public Safety Communications 7,846 530 Pool Upgrade/Expansion 8,455
150 Park Administration 578 Total Capital Projects Fund 95,185
151 Park Maintenance 34,027
153 Organized Athletics 561 601 Prairie Village Liquor 144,943
154 Community Center 10,421 602 Den Road Liquor 346,719
156 Youth Programs 1,140 603 Prairie View Liquor 168,494
158 Senior Center 816 605 Den Road Building 1,577
160 Therapeutic Recreation 926 701 Water Fund 45,627
161 Oak Point Pool 19,046 702 Sewer Fund 13,421
162 Arts 2,705 703 Storm Drainage Fund 97,009
163 Outdoor Center 30 Total Enterprise Fund 817,789
168 Arts Center 2,160
180 Police 48,474 803 Escrow Fund 12,962
184 Fire 843,373 806 SAC Agency Fund 47,215
186 Inspections 51 807 Benefits Fund 881,509
200 Engineering 3,081 811 Property Insurance 25,000
201 Street Maintenance 28,039 812 Fleet Internal Service 61,238
202 Street Lighting 67,192 813 IT Internal Service 52,078
Total General Fund 1,145,762 814 Facilities Capital ISF 74,316
815 Facilites Operating ISF 20,400
301 CDBG 4,649 816 Facilites City Center ISF 65,113
312 Recycle Rebate 334 817 Facilites Comm.Center ISF 10,334
Total Special Revenue Fund 4,983 Total Service/Agency Funds 1,250,164
443 2012C GO Perm Impr Ref Bonds 1,608,750
446 2014A G.O.TAX ABATEMENT BONDS 274,381
Total Debt Service Fund 1,883,131
Report Total 5,197,015
City of Eden Prairie
Council Check Register by GL
2/3/2016
Check# Amount Supplier/Explanation Account Description Business Unit Comments
5652 1,883,131 WELLS FARGO BANK MINNESOTA NA Interest 2014A G.O.TAX ABATEMENT BONDS Wells Fargo bond pymt
5646 836,512 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Fire Relief Pension Payment Fire Fire Relief
244362 263,011 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums Jan2016
5649 249,477 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Ultimate-payroll taxes
5647 163,023 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA
5655 149,500 GENESIS EMPLOYEE BENEFITS,INC HSA Health and Benefits Health Savings Acct 1/8/16
5654 147,360 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund MN Dept of Revenue-sales tax
1013153 89,049 XCEL ENERGY Electric Traffic Signals
244520 83,098 SUNRAM CONSTRUCTION Improvement Contracts Storm Drainage
244376 75,539 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1013105 58,476 RESTORATION SYSTEMS INC Other Contracted Services Facilities Capital
244399 49,436 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
244475 48,532 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
244381 46,743 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
244417 36,135 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store
244515 33,795 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1013098 33,794 STREICHERS Clothing&Uniforms Police
1013139 27,665 LOGIS LOGIS IT Operating
244528 27,123 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store
1013089 26,920 MINNESOTA DIRT WORKS INC Improvement Contracts Shady Oak Road/CR 61 NORTH
244375 26,198 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
5651 25,981 EMPOWER Deferred Compensation Health and Benefits
244394 25,651 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
244479 25,000 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
1013099 24,361 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store
244529 24,171 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store
1013142 23,862 MOTOROLA Other Assets E-911 Program
244480 22,632 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
1013151 21,210 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store
244320 20,967 ABM ONSITE SERVICES-MIDWEST Janitor Service Utility Operations-General
244455 20,487 FINLEY BROS INC Building Materials Miller Park
1013077 19,442 ASPEN EQUIPMENT CO. Machinery&Equipment Snow&Ice Control
244349 19,046 EDEN PRAIRIE SCHOOL Other Contracted Services Oak Point Operations
5650 18,961 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
1013061 18,656 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1
1013094 16,650 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Water Wells
244474 16,399 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
244427 16,123 AUTOWASH SYSTEMS INC Machinery&Equipment Fleet Operating
244418 14,243 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store
244380 13,603 METRO TRANSIT Design&Engineering Transportation Fund
244451 13,439 DSO ARCHITECTURE INC Design&Engineering Capital Maint.&Reinvestment
1013091 13,439 MTI DISTRIBUTING INC Equipment Parts Capital Outlay Parks
244416 12,317 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1013090 12,212 MOTOROLA Equipment Repair&Maint E-911 Program
244506 12,079 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
244359 11,799 GRAYMONT Treatment Chemicals Water Treatment Plant
244408 11,500 TOUCHPOINT LOGIC LLC Equipment Repair&Maint Cable PEG
1013079 11,186 CERIDIAN Other Assets IT Capital
1013147 9,956 PRAIRIE ELECTRIC COMPANY Repair&Maint-Ice Rink City Hall-CAM
244429 9,800 BAKER Other Contracted Services Den Road Liquor Store
5656 9,113 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits
1013108 8,455 BRAUN INTERTEC CORPORATION Building Aquatics&Fitness Expansion
Check# Amount Supplier/Explanation Account Description Business Unit Comments
244379 8,380 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
244461 7,788 GRAYMONT Treatment Chemicals Water Treatment Plant
1013149 7,750 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service
1013132 7,624 EPA AUDIO VISUAL INC Other Assets IT Operating
244366 7,162 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
244393 6,465 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store
244400 6,366 SOUTHWEST NEWS MEDIA Printing Communications
244523 6,311 VERIZON WIRELESS Other Contracted Services IT Operating
244322 6,028 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
244396 5,896 SIDEKICK Other Contracted Services Records Management
1013104 5,555 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store
1013124 5,453 WENCK ASSOCIATES INC Design&Engineering Storm Drainage
244516 5,216 SPECIAL SERVICES GROUP LLC Dues&Subscriptions Police
1013131 5,029 ELECTRIC PUMP Equipment Parts Sewer Liftstation
1013074 5,017 WSB&ASSOCIATES INC Design&Engineering Park Acquisition&Development
244521 4,950 TMS JOHNSON Supplies-Fire/Life/Safety Public Works/Parks
1013100 4,812 TWIN CITY HARDWARE Contract Svcs-Security Den Road Liquor Store
244448 4,619 COMMUNITY ACTION PARTNERSHIP Refunds CDBG-Public Service
244487 4,527 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services
244527 4,426 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1013130 4,205 CENTERPOINT ENERGY Gas Cummins Grill
244437 4,185 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Arts Center
1013070 4,109 VAN PAPER COMPANY Cleaning Supplies City Center Operations
244466 3,958 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
244350 3,946 EDINA,CITY OF Printing Communications
244458 3,885 GARDEN ROOM FRATELLI'S GARDEN INC,THE Supplies-Garden Room Garden Room Repairs
244504 3,824 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store
244335 3,716 CENTURYLINK Telephone Cummins Grill
244495 3,584 NORTH PINE AGGREGATE,INC Gravel Storm Drainage
244397 3,509 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance
1013123 3,509 VINOCOPIA Liquor Product Received Den Road Liquor Store
1013071 3,475 VINOCOPIA Liquor Product Received Prairie View Liquor Store
244406 3,250 TEENS ALONE Other Contracted Services Housing and Community Service
244485 3,233 MILLER DAVID Reimbursement-legal notices Escrow
244424 3,096 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1013150 3,081 STREICHERS Clothing&Uniforms Police
244484 3,041 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions
244326 3,025 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store
244524 3,024 VIDEOTRONIX INC Other Assets Public Safety Communications
244385 2,975 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake
244468 2,960 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting
1013152 2,906 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store
244501 2,904 P3 FOODS LLC Reimbursement-legal notices Escrow
244438 2,725 BUELL CONSULTING INC Reimbursement-legal notices Escrow
244378 2,640 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating
1013127 2,485 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM
1013125 2,444 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Sewer Liftstation
244333 2,320 CARVER COUNTY LICENSE CENTER Licenses&Taxes Fleet Operating
244409 2,250 TRAFFIC CONTROL CORPORATION Operating Supplies Traffic Signals
244373 2,228 INTERTECH INC Contract Development IT Operating
244470 2,160 INTERTECH INC Contract Development IT Operating
1013138 2,160 KIDCREATE STUDIO Instructor Service Arts Center
244498 2,065 OMEGA INDUSTRIES Small Tools Capital Outlay Parks
1013078 2,037 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
5658 1,805 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits
1013128 1,795 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
Check# Amount Supplier/Explanation Account Description Business Unit Comments
1013076 1,716 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM
244439 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating
1013137 1,636 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance
1013141 1,567 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM
1013092 1,476 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
244377 1,409 KEEPRS INC. Clothing&Uniforms Reserves
1013093 1,407 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fire Station#3
244336 1,400 CENTURYLINK Telephone IT Telephone
244410 1,377 TRUE FABRICATIONS Liquor Product Received Den Road Liquor Store
244383 1,366 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons
244425 1,360 ARVIG Fiber Lease Payments IT Operating
1013059 1,285 FLEETPRIDE INC Equipment Parts Fleet Operating
244368 1,250 HOMELINE Other Contracted Services Housing and Community Service
244508 1,203 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store
244435 1,188 BOLTON&MENK INC Design&Engineering Storm Drainage
5653 1,167 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
244428 1,160 AVI SYSTEMS INC Equipment Repair&Maint Cable PEG
244503 1,156 PARK JEEP INC Equipment Parts Fleet Operating
244420 1,109 ACCOUNTEMPS Other Contracted Services Community Center Admin
244345 1,104 E A SWEEN COMPANY Merchandise for Resale Concessions
244401 1,101 SPOK,INC. Pager&Cell Phone IT Operating
1013081 1,091 ELECTRIC PUMP Equipment Parts Sewer Liftstation
244434 1,076 BLUE TARP FINANCIAL INC Small Tools Fleet Operating
244395 1,050 RETROFIT COMPANIES,INC,THE Supplies-Electrical Fitness/Conference-Cmty Ctr
244337 1,042 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Prairie View Liquor Store
244432 1,007 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store
244334 970 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Storm Drainage
244414 941 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications
244431 900 BEREA EV LUTHERAN CHURCH Deposits-P&R Refunds Community Center Admin
1013085 898 IDEAL SERVICE INC Equipment Repair&Maint Water Treatment Plant
1013146 889 POMP'S TIRE SERVICE INC Tires Fleet Operating
244507 888 PITNEY BOWES Postage Customer Service
244367 880 HOME DEPOT CREDIT SERVICES Supplies-Electrical City Center Operations
244404 875 SUSA Dues&Subscriptions Utility Operations-General
244423 839 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire
244422 790 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events
244358 786 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
244469 764 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1013136 757 GRAINGER Cleaning Supplies Water Metering
1013073 755 WILSON,JOHN D. Clothing&Uniforms Police
244369 750 HOUTZ,STEPHEN J Other Contracted Services Winter Theatre
244497 750 O'BRIEN HAYES Other Contracted Services Winter Theatre
1013052 743 ALBERS,JASON Tuition Reimbursement/School Organizational Services
1013084 738 HOSE/CONVEYORS INC Equipment Parts Fleet Operating
244509 730 READY WATT ELECTRIC Equipment Repair&Maint Emergency Preparedness
1013107 711 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff
244457 708 FONTENOT KIMBERLY Deposits-P&R Refunds Community Center Admin
244511 700 ROONEY MICHAEL AR Utility Water Enterprise Fund
244382 693 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions
1013133 680 FASTSIGNS Printing Winter Theatre
1013063 679 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant
244502 653 PACE ANALYTICAL SERVICES INC. Lime Residual Removal Water Treatment Plant
1013145 642 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
1013096 630 REINDERS INC Chemicals Park Maintenance
1013129 595 BIFFS INC Waste Disposal Park Maintenance
1013083 582 GRAINGER Equipment Parts Water Metering
Check# Amount Supplier/Explanation Account Description Business Unit Comments
244370 578 HYDRO KLEAN Repair&Maint.Supplies Water System Maintenance
1013126 574 AMERITRAK Operating Supplies Traffic Signs
244347 561 EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Volleyball
244341 560 CRETEX CONCRETE PRODUCTS MIDWEST INC Repair&Maint.Supplies Storm Drainage
244372 550 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
244464 550 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
244512 543 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Storm Drainage
1013058 538 FASTENAL COMPANY Small Tools Park Maintenance
244483 534 MIDWEST BLINDS Supplies-General Bldg Pool Maintenance
244463 520 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police
244467 516 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating
244482 504 MEDICINE LAKE TOURS Special Event Fees Trips
244465 500 HENNEPIN TECHNICAL COLLEGE Tuition Reimb-College Tuition Fire
244500 497 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
244525 488 WATER HEATERS ONLY LLC Supplies-HVAC Riley House
244496 478 NORTH STAR WIPER&IND SUPPLY Operating Supplies Fire
244352 460 EVIDENT INC Operating Supplies Police
1013056 450 COY,ERICA Clothing&Uniforms Police
244328 444 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
244398 443 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
1013055 443 CLAREY'S SAFETY EQUIPMENT Employment Support Test Emergency Preparedness
244402 422 STAPLES ADVANTAGE Office Supplies Customer Service
244478 420 LAKE COUNTRY DOOR LLC Building Repair&Maint. Utility Operations-General
1013134 403 FILTRATION SYSTEMS Supplies-HVAC Fitness/Conference-Cmty Ctr
244459 402 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General
1013101 397 TWIN CITY SEED CO Landscape Materials/Supp Storm Drainage
244405 390 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
244327 390 BLOOMINGTON,CITY OF Kennel Services Animal Control
1013121 388 VAN PAPER COMPANY Cleaning Supplies City Center Operations
1013080 365 CONCRETE CUTTING&CORING INC Small Tools Traffic Signs
244462 360 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance
244471 350 JACOBS,TRAVIS Tuition Reimb-College Tuition Fire
244514 350 SOUNDS GREAT Instructor Service Skating Rinks/Warming Houses
244510 343 RETROFIT COMPANIES,INC,THE Supplies-Electrical Park Shelters
244481 340 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating
244330 335 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM
244430 331 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store
244413 325 VERLEY,TARYN Other Contracted Services Winter Theatre
244355 324 FLAHERTYS HAPPY TYME COMPANY Liquor Product Received Prairie View Liquor Store
1013109 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance
1013087 315 LOGIS Network Support IT Operating
244411 307 UNIFORMS UNLIMITED Clothing&Uniforms Police
5657 300 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits
1013066 300 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr
244518 297 STAPLES ADVANTAGE Office Supplies Customer Service
1013135 296 FORCE AMERICA Equipment Parts Fleet Operating
244351 295 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store
244386 293 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control
244494 290 NELSON KEVIN Development Fire Permits General Fund
1013068 286 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store
244340 285 CONSTRUCTION SPECIALTIES INC Supplies-General Building City Center Operations
244323 283 ASPEN MILLS Clothing&Uniforms Fire
244361 281 HD SUPPLY WATERWORKS LTD Equipment Parts Storm Drainage
244339 280 COMCAST Other Broadband Internet IT Operating
244391 278 ORGANIX SOLUTIONS Cleaning Supplies City Center Operations
244491 275 MNIAI Dues&Subscriptions Police
Check# Amount Supplier/Explanation Account Description Business Unit Comments
244390 271 OLSEN CHAIN&CABLE Repair&Maint.Supplies Storm Drainage
244371 260 IMPACT PROVEN SOLUTIONS Operating Supplies Water Accounting
1013067 258 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
244436 251 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
1013053 251 BERRY COFFEE COMPANY Merchandise for Resale Concessions
244456 241 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance
244526 240 WELSH COMPANIES Other Contracted Services CIP-Leasing Costs
1013119 239 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store
244321 238 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store
244324 233 BAUHAUS BREW LABS,LLC Liquor Product Received Den Road Liquor Store
244348 232 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Police
244453 232 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Housing and Community Service
244452 226 E A SWEEN COMPANY Merchandise for Resale Concessions
244357 220 GOLDEN VALLEY SUPPLY CO Supplies-General Bldg Fire Station#1
244446 219 COMCAST Cable TV Fire
244342 217 DELUXE Bank and Service Charges Prairie View Liquor Store
1013086 217 JANEX INC Cleaning Supplies Fire Station#2
244460 211 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store
244332 204 CALIFORNIA CONTRACTORS SUPPLIES INC Operating Supplies Utility Operations-General
244356 200 FORECAST PUBLIC ART Other Contracted Services Arts
244384 200 MINNESOTA STATE FIRE CHIEFS ASSN Conference/Training Fire
244419 197 Z WINES USA LLC Liquor Product Received Prairie View Liquor Store
1013116 197 METROPOLITAN FORD Equipment Parts Fleet Operating
1013060 195 GOLDAMER,DANA Mileage&Parking Community Center Admin
1013069 195 STONEBROOKE Equipment Parts Fleet Operating
5648 191 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits
1013143 187 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
244364 181 HENNEPIN COUNTY TREASURER Land Park Acquisition&Development
244374 177 JASON,COLLEEN Deposits-P&R Refunds Community Center Admin
244450 177 DIAMOND,KATHY Deposits-P&R Refunds Community Center Admin
244325 175 BECKER ARENA PRODUCTS INC Building Materials Park Maintenance
244513 169 SHRED RIGHT Waste Disposal City Center Operations
244531 162 HIGGINS EMILY Deposits Escrow
244454 158 EHLERS&ASSOCIATES INC Other Contracted Services Project Fund
244476 157 KEEPRS INC. Clothing&Uniforms Reserves
244444 154 COMCAST Cable TV Fire
244445 153 COMCAST Cable TV Fire
244447 153 COMCAST Cable TV Fire
5659 147 OPTUM HEALTH Other Contracted Services Health and Benefits
1013118 140 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
244499 140 OUTDOOR ENVIRONMENTS INC Other Contracted Services Park Maintenance
1013106 140 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1013110 140 DUNGAN,TRACY Mileage&Parking Concessions
244472 139 JENSEN TECHNICAL SERVICES Supplies-Pool Pool Maintenance
244392 137 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
1013144 136 NUCO2 INC Supplies-Pool Pool Maintenance
244407 136 TKO WINES,INC Liquor Product Received Den Road Liquor Store
244344 134 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
244365 132 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
244338 130 CITY OF SAINT PAUL Patching Asphalt Street Maintenance
1013114 129 KRUEGER,MARK Operating Supplies Reserves
244440 127 CENTURYLINK Telephone Water Distribution
244517 125 ST.LOUIS PARK FIRE DEPARTMENT Conference/Training Fire
1013088 124 MENARDS Operating Supplies Park Maintenance
1013082 122 FORCE AMERICA Equipment Parts Snow&Ice Control
244318 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
Check# Amount Supplier/Explanation Account Description Business Unit Comments
244319 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
1013120 114 STEEN,JEFFREY Mileage&Parking Park Maintenance
244522 113 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police
1013097 108 STERICYCLE INC Other Contracted Services Police
1013113 104 KALLIGHER,ANDREA Mileage&Parking Community Center Admin
244343 103 DIRECTV Cable TV Community Center Admin
244360 100 HANSON KARI Refunds Environmental Education
244493 100 MUSIL AMANDA Refunds Environmental Education
244505 100 PAYNE,ANDREA Refunds Environmental Education
1013057 98 ELLIS,ROBERT Mileage&Parking Engineering
1013117 98 MPX GROUP,THE Office Supplies Fire
1013115 94 LANZI,BOB Mileage&Parking Ice Admin.
1013122 92 VANDENBERGHE,MARK Dues&Subscriptions Public Safety Communications
1013103 90 VIKING ELECTRIC SUPPLY Landscape Materials/Supp Park Maintenance
244387 88 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance
244363 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies Fire
244426 83 AT&T MOBILITY Pager&Cell Phone Water System Maintenance
244415 74 VINE LINE DISTRIBUTION LLC Liquor Product Received Prairie View Liquor Store
244488 72 MINNESOTA TROPHIES&GIFTS Operating Supplies Police
244331 71 BURKE JEANNE Deposits-P&R Refunds Community Center Admin
1013112 66 HANINK,KELLY Travel Expense Fire
244433 60 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Park Maintenance
1013102 55 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services
1013075 52 A TO Z RENTAL CENTER Repair&Maint.Supplies Storm Drainage
244477 51 KRAGNESS,KEN Mileage&Parking Inspections-Administration
244353 50 FBI-LEEDA Dues&Subscriptions Police
244389 48 MURAKAMI,SUSAN Deposits-P&R Refunds Community Center Admin
244486 47 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
1013072 45 WHITE,BECKI Operating Supplies-Food Fire
1013148 45 PREMIUM WATERS INC Operating Supplies-Water Fire
244421 43 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Building City Center Operations
244329 41 BROCK WHITE COMPANY LLC Repair&Maint.Supplies Storm Drainage
244490 40 MN PRIMA Dues&Subscriptions Human Resources
1013064 37 LUNDGREN,CAROL Mileage&Parking Engineering
1013062 36 INTEREUM INC Supplies-General Bldg Fitness/Conference-Cmty Ctr
244388 35 MRPA Conference/Training Parks Administration
244441 32 CLEAN N PRESS MTKA Clothing&Uniforms Police
244346 30 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Administration
244492 29 MOSIOR REGINALD Deposits-P&R Refunds Community Center Admin
1013054 29 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General
1013095 28 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating
1013111 26 FASTENAL COMPANY Operating Supplies Fleet Operating
244403 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
244519 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
244530 20 ZIMPELMAN ALICE L Deposits Community Center Admin
244473 15 JERRY'S ENTERPRISES INC Building Materials Senior Center Programs
1013065 15 METROPOLITAN FORD Equipment Parts Fleet Operating
244442 14 COMCAST Cable TV Fire
1013140 10 MENARDS Operating Supplies Traffic Signs
244489 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
244354 7 FISERV INC Bank and Service Charges Water Accounting
244449 4 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating
244443 2 COMCAST Other Contracted Services Police
5,197,015 Grand Total
Check# Amount Supplier/Explanation Account Description Business Unit Comments