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HomeMy WebLinkAbout12/27/2012 Meeting ... .... ..... .... .«.� city of App�e Va��ev CITY COUNCIL REGULAR MEETING TENTATIVE AGENDA DECEMBER 27, 2012 — 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Approval of Agenda. 3. Audience - 10 Minutes Total Time Limit - For Items NOT on this Agenda. 4. Approval of Consent A�enda Items *: *A. Approve Minutes of December 13, 2012, Regular Meeting. *B. Adopt Resolution Accepting Donation of Framed Artwork from Lynn LeTendre for Display by Fire Department. *C. Approve Issuance of State Lawful Gambling Permit to Conduct Excluded Bingo for Eastview Lightning Touchdown Club at Rascal's - Apple Valley Bar and Grille, on February 24, 2013. *D. Adopt Resolution Setting Public Hearing at 7:00 p.m. on January 24, 2013, on Renewal of On-Sale Liquor License for 2013 by Spoon, Inc., d/b/a Spoon, at 14871 Granada Avenue. *E. Proclaim January 8, 2013, as "Will Branning Day". *F. Adopt Resolution Submitting FY2013 Community Development Block Grant (CDBG) Funding Application of $103,500.00. *G. Adopt Resolution Committing 2012 General Fund Balance for Specific Items. *H. Apple Valley Convention and Visitors Bureau (CVB): * 1. Approve Agreement with Apple Valley Chamber of Commerce to Administer CVB through December 31, 2013. *2. Approve 2013 Budget and Marketing Plan. *I. Adopt Resolution Authorizing Application to MnDOT for Engineering Speed Investigation along 147th Street W. and Flagstaff Avenue. *J. Adopt Resolution Approving Specifications for AV Project 2013-109, 2013-2014 Mowing and Trimming Services, and Authorizing Advertising for Receipt of Bids at 2:00 p.m. on January 29, 2013. *K. Ratify and Approve Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies. *L. Approve Joint Powers Agreement with Dakota County for 2013-2016 Wetland Health Evaluation Program. *M. Approve Various Contracts: * 1. Hawkins, Inc., for AV Project 2013-110, 2013 Water Treatment Chemicals - Chlorine, Hydrofluorosilicic Acid and Cairox Potassium. *2. Master Electric Company, Inc., for AV Project 2012-155, Well 11 Electrical Upgrades. * Items marked with an asterisk (*) are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests the item separately considered in its normal sequence on the agenda. (continued on reverse side) 4. Approval of Consent A�enda Items * Continued: *3. SHI International Corp. for Microsoft Licensing. *4. Veit & Company, Inc., for AV Project 2012-158, 2012 Sanitary Sewer Pipe Lining. *N. Approve Acceptance and Final Payment on Various Contracts: * 1. McNamara Contracting, Inc., for AV Project 2012-101, 2012 Street Maintenance Project - $154,063.55. *2. Pearson Bros., Inc., for AV Project 2012-103, 2012 Bituminous Trail Fog Sealing - $471.68. *O. Adopt Resolution Approving 2013 Employee Pay and Benefit Plan. *P. Approve Personnel Report. *Q. Meeting Schedule: * 1. Change January 8, 2013, Regular Meeting to Begin at 8:00 p.m. *2. Set Special Informal Meeting on March 1, 2013, at 9:00 a.m. 5. Re�ular A�enda Items: A. Resolution Approving Joint Powers Agreement and Authorizing Participation in Minnesota Structural Collapse/Technical Rescue Task Force Organization. 6. Other Staff Items. 7. Council Items and Communications. 8. Calendar of Upcoming Events. 9. Claims and Bills. 10. Adjourn. Reminder: City Offices will be closed Tuesday, .7anuary 1, 2013, in observance of New Year's Day. NEXT REGULARLY SCHEDULED MEETINGS: Tuesday JANLTARY 8 7:00 p.m. (Regular) Thursday JANUARY 24 5:30 p.m. (Informal) " " 7:00 p.m. (Regular) Regular meetings are broadcast, live, on Charter Communications Cable Channel 16. (Agendas and meeting minutes are also available on the City's Internet Web Site: www. cityofapplevalley. org) City of UPDATE OF CITY COUNCIL REGULAR MEETING ACTIONS DECEMBER 27, 2012 3. Audience - For Items NOT on this Agenda - No one requested to speak. 4. Approved All Consent Agenda Items *: *A. Approve Minutes of December 13, 2012, Regular Meeting. *B. Adopt Resolution Accepting Donation of Framed Artwork from Lynn LeTendre for Display by Fire Department. *C. Approve Issuance of State Lawful Gambling Permit to Conduct Excluded Bingo for Eastview Lightning Touchdown Club at Rascal’s - Apple Valley Bar and Grille, on February 24, 2013. *D. Adopt Resolution Setting Public Hearing at 7:00 p.m. on January 24, 2013, on Renewal of On-Sale Liquor License for 2013 by Spoon, Inc., d/b/a Spoon, at 14871 Granada Avenue. *E. Proclaim January 8, 2013, as “Will Branning Day”. *F. Adopt Resolution Submitting FY2013 Community Development Block Grant (CDBG) Funding Application of $103,500.00. *G. Adopt Resolution Committing 2012 General Fund Balance for Specific Items. *H. Apple Valley Convention and Visitors Bureau (CVB): *1. Approve Agreement with Apple Valley Chamber of Commerce to Administer CVB through December 31, 2013. *2. Approve 2013 Budget and Marketing Plan. *I. Adopt Resolution Authorizing Application to MnDOT for Engineering Speed Investigation along 147th Street W. and Flagstaff Avenue. *J. Adopt Resolution Approving Specifications for AV Project 2013-109, 2013-2014 Mowing and Trimming Services, and Authorizing Advertising for Receipt of Bids at 2:00 p.m. on January 29, 2013. *K. Ratify and Approve Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies. *L. Approve Joint Powers Agreement with Dakota County for 2013-2016 Wetland Health Evaluation Program. *M. Approve Various Contracts: *1. Hawkins, Inc., for AV Project 2013-110, 2013 Water Treatment Chemicals - Chlorine, Hydrofluorosilicic Acid and Cairox Potassium. *2. Master Electric Company, Inc., for AV Project 2012-155, Well 11 Electrical Upgrades. *3. SHI International Corp. for Microsoft Licensing. *4. Veit & Company, Inc., for AV Project 2012-158, 2012 Sanitary Sewer Pipe Lining. * Items marked with an asterisk (*) are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests the item separately considered in its normal sequence on the agenda. (continued on reverse side) 4. Approved All Consent Agenda Items * - Continued: *N. Approve Acceptance and Final Payment on Various Contracts: *1. McNamara Contracting, Inc., for AV Project 2012-101, 2012 Street Maintenance Project - $154,063.55. *2. Pearson Bros., Inc., for AV Project 2012-103, 2012 Bituminous Trail Fog Sealing - $471.68. *O. Adopt Resolution Approving 2013 Employee Pay and Benefit Plan. *P. Approve Personnel Report. *Q. Meeting Schedule: *1. Change January 8, 2013, Regular Meeting to Begin at 8:00 p.m. *2. Set Special Informal Meeting on March 1, 2013, at 9:00 a.m. 5. Regular Agenda Items: A. Adopted Resolution Approving Joint Powers Agreement and Authorized Participation in Minnesota Structural Collapse/Technical Rescue Task Force Organization. 6. Other Staff Items. 7. Council Items and Communications. 8. Approved Calendar of Upcoming Events. 9. Approved Claims and Bills. Reminder: City Offices will be closed Tuesday, January 1, 2013, in observance of New Year’s Day. NEXT REGULARLY SCHEDULED MEETINGS: Tuesday JANUARY 8 8:00 p.m. (Regular) Thursday JANUARY 24 5:30 p.m. (Informal) “ “ 7:00 p.m. (Regular) Regular meetings are broadcast, live, on Charter Communications Cable Channel 16. (Agendas and meeting minutes are also available on the City’s Internet Web Site: www.cityofapplevalley.org ) CITY OF APPLE VALLEY � - � Dakota County, Minnesota December 13, 2012 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 13, 2012, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, Acting Parks and Recreation Director Adamini, Public Works Director Blomstrom, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, City Engineer Manson, Police Captain Marben, Community Development Director Nordquist, Police Chief Rechtzigel, Liquor Operations Director Swanson, Fire Chief Thompson, and Police Officer Tietz. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, removing item 4.E - Approve State Gambling Exempt Permit for Special Olympics Minnesota on January 12, 2013, and approving the agenda for tonight's meeting, as amended. Ayes - 5- Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting's agenda. Ms. Coleen Rowley, 193 Beaumont Ct., requested the City Council discuss military funding at a future meeting and adopt a resolution supporting the reduction of military spending. Minnesota House Representative-Elect Anna Wills, 7430 Germane Trail, commented on the State's budget and stated she is interested in hearing about any concerns Apple Valley is facing. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. Councilmember Grendahl asked if the City is doing everything it can to encourage improvements in Time Square Shopping Center prior to extending its lease. Mr. Nordquist described the improvements being made by the owner of the property. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 2012 Page 2 Councilmember Bergman commented on the landscaping and lighting and suggested Liquor Store No. 1 hold another reopening event when Cedar Avenue is complete. MOTION: of Grendahl, seconded by Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5- Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Hooppaw, approving the minutes of the regular meeting of November 20, 2012, as written. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, setting the 2013 City Council meeting schedule, in accordance with the adopted policy on the second and fourth Thursdays of each month unless the following Friday is a holiday, with informal meetings beginning at 5:30 p.m. and regular meetings beginning at 7:00 p.m., as listed in the City Clerk's memo dated December 10, 2012. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Post 1776 American Legion Riders, for use on January 19, 2013, February 16, 2013, September 28, 2013, October 19, 2013, and November 30, 2013, at the Apple Valley American Legion, Post 1776, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Apple Va11ey Sons of the American Legion, Squadron 1776, for use on February 9, 2013, April 13, 2013, and July 4, 2013, at the Apple Valley American Legion, Post 1776, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving issuance of an off-site gambling permit, by the State Gambling Control Board, to Apple Valley Hockey Association, for use on January 12, 2013, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a new 2013 Fuel Dispensing Facility Permit to PRG Market, LLC, d/b/a Andy's Market, 14113 Galaxie Avenue, as described in the City Clerk's memo dated December 10, 2013. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a new 2013 Off-Sale 3.2 Percent Malt Liquor License to PRG Market, LLC, d/b/a Andy's Market, 14113 Galaxie Avenue, as described in the City Clerk's memo dated December 10, 2012. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 2012 Page 3 MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a new 2013 License to Sell Tobacco or Tobacco Products to PRG Market, LLC, d/b/a Andy's Market, 14113 Galaxie Avenue, as described in the City Clerk's memo dated December 10, 2012. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, amending the Precious Metal Dealer License held by Bill Buttweiler, LLC, at 14810 Granada Avenue, by changing the business name to Apple Valley Diamonds and removing Ronald Paul Baughman as an owner of record. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving renewal and issuance of On-Sale and Off-Sale 3.2 Percent Malt Liquor Licenses for 2013, as attached to the City Clerk's memo dated December 10, 2012. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving renewal and issuance of licenses and pertnits for 2013 as listed in the attachment to the City Clerk's memo dated December 10, 2012. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2012-244 approving and levying 2012 Special Assessment Roll No. 615, in the total amount of $435,254.00, for improvements to Eagle Ridge Business Park. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution 2012-245 reallocating special assessments in Cobblestone Lake Commercial4th Addition. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution 2012-246 approving the reprogramining of Community Development Block Grant (CDBG) Funds for Glazier Townhomes Rehabilitation Project of $115,000.00. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Lease Extension for Liquor Store No. 1 at Time Square Shopping Center, as attached to the City Administrator's memo dated December 7, 2012, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the reduction of financial guarantees for Apple Valley Business Campus from $922,230.00 to $19,400.00 and Eagle Ridge Business Park from $51,700.00 to $7,500.00; and the release of financial guarantee for Eagle Ridge Business Park Subdivision Buffer Guarantee, as listed in the Community Development Department Assistant's memo dated December 13, 2012. Ayes - 5- Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 2012 Page 4 MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2012-247 approving the final plat and Subdivision Agreement for Cub Foods Addition, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for AV Project 2012-157, Building Inspection Services, with A to Z Home Inspection, LLC, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for AV Project 2013-111, Quarry Point Park Shade Structure, with Flanagan Sales, Inc., in the amount of $45,498.01, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Professional Services Agreement for AV Project 2013-112, 2013-2014 Electrical Inspection Services, with Midwest Electrical Technologies, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the contract for AV Project 2013- 108, Electric Generator Emissions Improvements, with NAC Mechanical & Electrical Services, Inc., in the amaunt of $61,740.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Financial Planning Agreement with Northland Securities, Inc., to analyze the request from IMH for Tax Increment Financing assistance, in an amount not to exceed $6,000.00, subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, accepting AV Project 2012-119, 2012 Concrete Removal and Replacement Services, as complete and authorizing final payment on the agreement with Ron Kassa Construction, Inc., in the amount of $2,698.20. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, accepting Outdoor Aluminum Bleachers, as complete and authorizing final payment on the agreement with Flanagan Sales, Inc., in the amount of $52,445.44. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving hiring the seasonal and part-time employees and resignation of employees, as listed in the Personnel Report dated December 13, 2012. Ayes - 5- Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 2012 Page 5 2013 ON-SALE LIOUOR LICENSE FOR SPOON INC Ms. Gackstetter introduced this item noting on November 20, 2012, the City Council opened and continued the public hearing regarding the renewal of the On-Sale Liquor License held by Spoon, Inc., cUb/a Spoon, located at 14871 Granada Drive. Mayor Hamann-Roland reconvened the public hearing at 7:17 p.m. Mr. Gackstetter reviewed her memo regarding the renewal application for 2013 On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales for Spoon, Inc., cUb/a Spoon. She noted receipt of the affidavit of publication of the hearing notice and stated no comments from the public have been received. Ms. Gackstetter said staff checked the Dakota County tax records and Minnesota Department of Revenue's delinquent taxpayers list and all taxes are current. The Police and Fire Departments provided information regarding their contacts, incident responses, and inspections at the licensee's premises since February 2011. Police Chief Rechtzigel reviewed the findings of fact as detailed in the resolution included in the agenda packet. He commented about the armed security consuming alcohol, large fights that do not calm down in the presence of police officers, and the proximity of the restaurant in relationship to other sites frequented by teens. Police Officer Tietz elaborated on the communications he has had with Spoon as the Police Department's business liaison officer. Fire Chief Thompson said the Fire Department inspected the licensed premises ten times since January 2011. A total of 27 violations of the Fire Code were found. There were repeated violations of overloading, or exceeding the maximum occupancy load, and obstruction of egress or exit doors. Police Chief Rechtzigel recommended it is in the public's interest that the license not be renewed or be renewed with strict conditions. Mayor Hamann-Roland stated the Council wants Apple Valley businesses to succeed. This business needs to employ strategies that are successful for them and safe for the public. She suggested a limited license period with strict guidelines. Police Chief Rechtzigel acknowledged liquor establishments generate police calls. The Police Department is concerned about the nature of calls at this establishment and the fact that there has been no response by the owners when the Police Department has reached out to them. Councilmember Goodwin expressed concern that the owners repeatedly blocked the exit doors and that they gave control of their establishment to somebody else. Mayor Hamann-Roland asked if the Fire Department has seen this number of violations in other businesses. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 2012 Page 6 Fire Chief Thompson said the Department has not seen this many Fire Code violations at other businesses in such a short period of time. Other restaurants may have one or two minor violations in three to five years; whereas, this restaurant has had 27 violations in 24 months. Councilmember Goodwin asked if it is illegal for armed security to consume alcohol and if individuals providing armed security are required to be licensed. Police Chief Rechtzigel affirmed. Councilmember Goodwin asked what has happened with the violations. Police Chief Rechtzigel responded that there are pending criminal complaints as well as other charges as a result of various violations. Mr. Michael Padden, legal counsel for Spoon, Inc., said it is disconcerting that the Police Chief indicated there has been no cooperation by this business. Mr. Padden stated that after the event on October 27, the owners went to the Police Department and met with the Police Chief and other members of the department. Mr. Padden stated that at that time the licensee agreed it would no longer hold hip hop events; the owners said the Police Chief stated "we are on the same page". He asserted that is a licensee who is cooperating. He believes the problems evolved when the licensee ran a night club format, which they no longer do. He indicated that if the liquor license is not renewed, the business will not be able to sustain itself. He commented about an incident in a memo from the Police Chief. He stated the person removed from the restaurant on February 19, 2012, was intoxicated and had urinated inside the business. He believes it was reasonable for a security guard to exit that individual from the business. Mr. Padden does not think this incident should be a significant factor and one of four factors mentioned in a memo by the Police Chief relative to this licensee maintaining its license. Regarding the event that was scheduled by gang members on May 10, 2012, Mr. Padden stated that the Police Department contacted the owners; in response, the licensee canceled the event and this is another example of cooperation. He respectfully requested the City Council consider the fourth option identified in the City Attorney's memo dated December 13, 2012, which references granting renewal for a period of X months up to one year with additional conditions. He said this would put the licensee on a short leash and if problems continued it would make sense to remove or not renew the liquor license. Mayor Hamann-Roland asked if his clients are agreeing that they would no longer hold an outside promotions event. Mr. Padden confirmed the understanding. As far as the Fire Code violations, Mr. Padden said his clients believe they have complied. Mr. Padden stated a fine would be substantive evidence to support the findings of violations. Mayor Hamann-Roland said police and fire personnel bend over backwards to try to help businesses understand the violations and issues so that they can comply and be safe. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 2012 Page 7 Councilmember Bergman asked what Mr. Padden meant by a previous reference to the other side of the story. Mr. Padden stated it was a response to the Police Chief's contention that the licensee has not cooperated. He cited the example where the Police Department requested the licensee no longer hold hip hop events and the licensee agreed. Councilmember Grendahl noted the meeting with the Police Chief was held in October, so it has only been six weeks since the licensee has not held one of these events. Councilmember Bergman asked if the Fire Code violations are only relative to hip hop events or if they pertain to the business at large. Fire Chief Thompson said the Fire Code violations pertain to the business as a whole. Councilmember Goodwin asked Mr. Padden's opinion regarding the five conditions identified on the bottom half of the City Attorney's memo dated December 13, 2012. Mr. Padden responded that the conditions seem reasonable. Mr. Dougherty explained that the conditions identified in the memo are provided for City Council consideration. The City Council may choose to direct the City Attorney to prepare a resolution which includes these and/or other conditions. Mayor Hamann-Roland read each of the conditions identified in the City Attorney's memo dated December 13, 2012, and asked Mr. Padden if the licensee would agree to the conditions. Mr. Padden agreed to each condition read. Councilmember Hooppaw noted the applicant has agreed not to hold any more night club events, whether they are organized by an outside promoter or the owner. He would like that condition memorialized in the resolution. Mr. Padden requested that weddings and birthday celebrations organized by the owner be permitted. Councilmember Grendahl asked if the applicant could lose their liquor liability insurance based on some of the issues previously discussed. Mr. Padden said obviously what happened on September 3, 2012, was a major league mistake. He is hoping the City Council will give Spoon an opportunity to learn from their mistake instead of putting them out of business. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 2012 Page 8 Councilmember Bergman voiced concerned over extending a license to an applicant with this many violations. He is worried about the safety of everyone: the owners; patrons; and police, fire, and ambulance employees. Councilmember Hooppaw asked if there was more to the story regarding the individual urinating in the business. Police Chief Rechtzigel said the patron stated he was assaulted by a security guard wearing a badge. The Police Department was unable to locate the security guard and the owners were unable to identify the individual. It was not an Apple Valley Police Officer or a Dakota County Deputy. Councilmember Hooppaw said he believes in second chances. This licensee was given 27 chances to make corrections. He noted a substantive correction was not made until it was time to renew the license. As a result, it will be difficult for him to support the renewal. Councilmember Goodwin said he would be willing to consider a renewal for a timeframe of no longer than three months. He is very concerned with the fire and security issues. He would like the license or document to state that any additional violations would immediately cancel or rescind the license. Mayor Hamann-Roland added that the offenses and disregard to public safety personnel are egregious. Public safety personnel are there to serve and protect, but the City Council must protect them as well. This is very serious. She also does not want to see this business fail. Councilmember Grendahl noted that the City has a strong history of being very pro-business. However, she asked how many resources the City is willing to divert to one business. Three months would be the maximum timeframe she will support. Councilmember Bergman recommends heeding the advice of the men and women in blue. He asked if the City would be setting a precedent if it allowed a business with this many violations to continue. Mr. Dougherty responded that the City Council can revoke a license for a serious violation; however, the revocation process is not simple. Mr. Lawell pointed out a sample resolution approving the license is also included in the packet. The conditions from City Attorney Hills could be incorporated into the sample resolution if the Council so desired. Council and staff held discussion regarding potential resolution language. Councilmember Bergman said the Police Department specifically requested the license not be renewed. He does not want to go against their recommendation. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 2012 Page 9 Mayor Hamann-Roland said the Police Chief also recommended approval of a license with strict conditions. Mayor Hamann-Roland asked for additional questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:27 p.m. MOTION: of Goodwin, seconded by Grendahl, adopting Resolutions No. 2012-248 renewing the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales for Spoon, Inc., d/b/a Spoon, through January 31, 2013, with conditions as listed in the City Attorney's memo dated December 13, 2012, and the added condition that no "night club" events occur on the premises, subject to final revisions and changes as approved by the City Administrator and City Attorney. Ayes - 3- Nays - 2(Bergman and Hooppaw). Mayor Hamann-Roland recessed the meeting at 8:34 p.m. Mayor Hamann-Roland resumed the meeting at 8:43 p.m. PROPERTY TAX LEVY & 2013 CITY BUDGET Mr. Hedberg gave a presentation on the 2013 proposed budget and tax levy. He reviewed the budget development process. All properties in the City received mailed notice of the Truth-in-Taacation meeting and the notice included the proposed property taxes for 2013 based on preliminary budgets and tax levies approved in September. He noted the preliminary levy can be decreased but cannot be increased. Staff is recommending the budget be adopted this evening. Mr. Hedberg reviewed the budget challenges and objectives. He summarized the budget highlights which included road construction and reconstruction, the levy for the Street Maintenance Program, decertification of Tax Increment District No. 13, the Water Treatment Plant expansion project, Valleywood Clubhouse, municipal liquor store operations, stormwater management activities, the cable television franchise renewal, and a new fund for cable TV capital outlay. Mr. Hedberg showed 2012 and 2013 comparisons of Taxable Market Values by property classification as well as graphs depicting the percent change in the median valued home over ten years and the distribution of home values. The value of the 2013 median home of $185,000 declined 5.9%. He then described the changes to the budget since the adoption of the preliminary budget. Mr. Hedberg stated the proposed final property tax levy for 2013 is $22,410,946, which is an increase of 1.8% or $385,697 from 2012, but $480,000 lower than the preliminary levy. He also reviewed a 2012 and 2013 comparison of property tax levy components. Mr. Hedberg stated property values are determined by the Dakota County Assessor's Office. He reviewed the timeline for setting property valuations and noted it is a two-year process. This is the second year of the Homestead Market Value Exclusion (HMVE) program. He pointed out the Truth- in-Taxation Notice now includes both the Estimated Market Value (EMV) and the Taxable Market Value (TMV). He also explained how a resident's property taxes might go up even if their home value is falling. He then provided examples of how the proposed levy would impact four sample CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 2012 Page 10 houses. Of the total tax bill residents pay, approximately 35% of it goes to the City. The remainder goes to the school district, Dakota County, or other taxing jurisdictions. He also presented various comparisons to neighboring communities and other services. Mayor Hamann-Roland pointed out other communities assess for road reconstruction projects on top of their general fund levies; whereas, Apple Valley's levy includes road reconstruction. Mr. Hedberg said there are three fund types included in the budget: the General Fund, other Governmental Funds, and Enterprise Funds. The total General Fund revenues and expenditures for 2013 are $25,138,659. Approximately 74% of the revenue comes from property taxes. General Fund expenditures are divided into three main categories: Personnel Services, Commodities/Other, and Capital Outlay. He explained how the levy is divided amongst the categories and compared the expenses for 2011, 2012, and 2013, and highlighted proposed changes to staffing, the road improvement fund, and enterprise funds. Mr. Hedberg received 11 contacts in response to the Truth-in-Taxation notice. He then described various property t� refund programs available to residents. He said ongoing challenges include maintaining a"structurally balanced budget", the impacts of a slowing housing market and economy, State fiscal issues, and potential changes to PERA funding for Police and Fire. In 2013, a median- valued home will experience approximately a$14 decrease in the City portion of their property t� bill. Mr. Hedberg said the complete budget document as well as additional information is available on the City's website. Mayor Hamann-Roland opened the public comment portion of the Truth-in-Taxation hearing at 9:17 p.m. She asked for questions or comments from the public. There were none and the hearing was declared closed at 9:18 p.m. Councilmember Grendahl pointed out the final proposed budget is $480,000 less than the preliminary budget, and that the City is providing more services with fewer resources. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2012-249 approving setting the City t� levy collectible in 2013 at $22,410,946 and approving 2013 budgets with total revenue of $54,362,383 and expenditures of $66,633,736. Councilmember Goodwin said 91 % of all residential properties are going to receive a reduction in the City-portion of their tax bill. He then commented on the road maintenance fund. The City Council held discussion. Councilmember Bergman commented on the Ice Arena Fund. He wants the ice arena to be held to the same standards as other enterprise funds. He is looking forward to hearing from the new Parks and Recreations Director and the Ice Arena Manager regarding plans to increase profitability. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 2012 Page 11 Councilmember Hooppaw stated the tax rate alone is meaningless; it is a number that gets you to another number. It is more important to know what the taxes are and what services and/or benefits the taxes provide. Mayor Hamann-Roland said the City tries very hard to make sure citizens get excellent service at the lowest possible cost. She thanked staff for their work on the budget and added that predictability and stability are key components to the budget. Vote was taken on the motion. Ayes - 5- Nays - 0. 2013 WATER SANITARY SEWER AND STORM WATER RATES MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2012-250 setting the sewer and water rates and related procedures, effective January 15, 2013. Ayes - 5 - Nays - 0. 2012 LIQUOR FUND TRANFER MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2012-251 approving the transfer of $525,000.00 from the Liquor Fund to the General Fund for 2012. Ayes - 5 - Nays - 0. APPOINT TRAFFIC SAFETY ADVISORY COMMITTEE MEMBER Ms. Gackstetter reviewed her memo dated December 10, 2012, listing applicants for the Traffic Safety Advisory Committee vacancy. The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Robert Damon, Sharon Schwartz, and Laura Turek. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Bergman, accepting the three nominations for Traffic Safety Advisory Committee. Ayes - 5- Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names from the three nominees. After selections were made, they were tallied and the City Attorney announced that two names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Attorney announced that Laura Turek received the majority of votes. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2012-252 appointing Laura Turek to the Traffic Safety Advisory Committee for a term expiring March 1, 2015. Ayes - 5- Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 2012 Page 12 Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. COMMUNICATIONS Mr. Lawell announced that Anchor Bank was selected as the Chamber of Commerce 2012 Business of the Year and that Mayor Hamann-Roland was appointed to the National League of Cities Board of Directors. He then thanked Tom Adamini for serving as the Acting Parks and Recreation Director. Fire Chief Thompson said the City received notification today that it will be awarded a Staffing for Adequate Fire and Emergency Response (SAFER) Grant to hire a full time Deputy Chief/Training Officer for 24 months beginning in 2013. Mr. Blomstrom stated driver feedback signs have been removed for the winter and will be installed again in spring. Councilmember Bergman commented on the need for overpasses on Cedar Avenue. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk's memo dated December 10, 2012, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5- Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated, November 21, 2012, in the amount of $2,026,639.14; November 29, in the amount of $3,513,202.33; December 6, 2012, in the amount of $6,307,176.17; and December 13, 2012, in the amount of $1,900,146.16. Ayes - 5- Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5- Nays - 0. The meeting was adjourned at 9:48 o'clock p.m. Respectfully Submitted, P �o�,c,�o`�� Pamela J. Gack tetter, City Clerk Approved by the Apple Valley City Council on '"f • v ... .... ..... .... City of App�e V alley MEMO Fire Department TO: Mayor, City Council, and City Administrator FROM: Nealon P. Thompson, Fire Chief�� DATE: December 27, 2012 SUBJECT: Request Approval of Donation The Fire Deparhnent has recently been offered a donation of an art print depicting a scene from the 9-11 tragedy from Lynn LeTendre. Ms. LeTendre is very thankful for the public safety and community service that The Apple Valley Fire Department provides and is honored to have the professionally framed artwork displayed in their Fire Station 1. The Fire Department appreciates receiving this donation. RECOMMENDATION Accept donation of framed artwork from Lynn LeTendre. ACTION REQUIRED Adopt a Resolution Accepting Donation of framed artwork from Lynn LeTendre. Attachment: Resolution Accepting Donation CITY OF APPLE VALLEY RESOLUTION NO. 2012- A RESOLUTION ACCEPTING DONATION WHEREAS, the City Council of Apple Valley encourages public donations to help defray costs to the general public of providing services and improve the quality of life in Apple Valley; and WHEREAS, Lynn LeTendre has offered to donate artwork to the Apple Valley Fire Department in appreciation for their commitment to public and firefighter safety; and WHEREAS, Minnesota Statues 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks Lynn LeTendre for her gracious donation. ADOPTED this 27th day of December, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk ... '�. G .... ..... ..s, .... City of . App�e Va��ey MEMO City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela J. Gackstetter, City Clerk DATE: December 21, 2012 SUBJECT: APPLICATION TO CONDUCT EXCLUDED BINGO PERMIT — LG240B Eastview Lightning Touchdown Club Exempt permits to conduct excluded bingo, for four or fewer bingo events in a calendar year, for qualified nonprofit organizations, are issued by the State Gambling Control Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. These permits are issued for limited fund raisers. The following application has been submitted for Council approval: Eastview Lightning Touchdown Club for an event to be held at Rascal's - Apple Valley Bar & Grille, 7721 147th Street W., on February 24, 2013. The application is on file should you wish to review it. Please feel free to contact me if you have any questions. Recommended Action: Motion to approve issuance of a lawful gambling permit to conduct excluded bingo, by the State Gambling Control Board, to Eastview Lightning Touchdown Club, for an event to be held at Rascal's - Apple Valley Bar & Grille, 7721 147th Street W., on February 24, 2013. : sam ... �.p .... :� :• •es- City of App�e Vallev MEMO City Clerk's Office TO: Mayor, City Council, and City Administrator FROM: Pamela J. Gackstetter, City Clerk DATE: December 21, 2012 SUBJECT: SET PUBLIC HEARING FOR RENEWAL OF 2013 ON-SALE LIQUOR LICENSE HELD BY SPOON,INC., D/B/A SPOON Pursuant to Section 111.24 of the City Code, the City Council must hold a public hearing prior to renewing On-Sale Liquor Licenses. Attached is a resolution authorizing and directing staff to publish a hearing notice regarding the renewal of the 2013 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales held by Spoon, Inc., d/b/a Spoon, located at 14871 Granada Avenue. Recommended Action: Adopt the resolution setting a public hearing on January 24, 2013, at 7:00 p.m., for renewal of the 2013 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales held by Spoon, Inc., d/b/a Spoon. �PJg Attachment CITY OF APPLE VALLEY RESOLUTION NO. 2012- A RESOLUTION SETTING PUBLIC HEARING ON 2013 ON-SALE LIQUOR LICENSE RENEWAL FOR SPOON, INC. WHEREAS, the City Clerk has advised this Council that the renewal application for a 2013 City On-Sale Intoxicating Liquor License has been received from Spoon, Inc., d/b/a Spoon, located at 14871 Granada Avenue; and WHEREAS, pursuant to City Code Section 111.24, the City Council must hold a public hearing prior to approval of a renewal license. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. A public hearing on said application shall be held before this Council at the time, date, and place specified in the Notice of Public Hearing attached to this resolution as Exhibit A. 2. As required by the City Code, the City Clerk is hereby authorized and directed to publish the hearing notice attached, in a timely manner, in the official City newspaper. ADOPTED this 27th day of December, 2012. Mary Hamann-Roland, Mayor ATTEST: Stephanie Marschall, Deputy City Clerk Exhibit A NOTICE OF PUBLIC HEARING ON APPLICATION FOR 2013 ON-SALE LIQUOR LICENSE RENEWAL NOTICE IS HEREBY GIVEN that the City Council of the City of Apple Valley, Dakota County, Minnesota, will meet at the Municipal Center, 7100 147th Street W., on Thursday, January 24, 2013, at 7:00 p.m., or as soon thereafter as possible, for the purpose of holding a public hearing on the 2013 On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales renewal application for Spoon, Inc., d/b/a Spoon, located at 14871 Granada Avenue. All interested parties will be given an opportunity to be heard at said time and place. DATED this 27th day of December, 2012. BY ORDER OF THE CITY COUNCIL Stephanie Marschall, Deputy City Clerk �"} . � ��� �m�� �..�. ���� ��. City of App Valley MEMO Administration TO: Mayor and City°Council Members FROM: Tom Lawell, City Adminis a DATE: December 20, 2012 SUBJECT: Proclamation of January 8, 2013 as "Will Branning Day" in Apple Valley DISCUSSION Dakota County Commissioner Will Branning will be retiring from elected office on Tuesday, January 8, 2013. Will has been an active resident of Apple Valley since the 1960's and has served as an elected official for the Village of Apple Valley, the City of Apple Valley and Dakota County. Given his long history with the community, it is fitting that the City formally acknowledge his retirement from public service. Specifically, it is recommended that the City Council proclaim his last day in public office, January 8, 2013, as "Will Branning Day" in Apple Valley. The intent would be to present Will with this proclamation at his retirement reception scheduled the evening of January 8, 2013. BACKGROUND Will Branning began his community service in 1969 when he was elected as a Councilmember for the Village of Apple Valley. From 1969 through 1997 he served on multiple occasions as either City Councilmember or Mayor. Specifically he served as Councilmember from 1969-1976 and 1981-1982 and as Mayor from 1977-78, 1984-1990 and 1993-1997. He concluded his last term of office with the City in 1997 when he was elected as a Dakota County Commissioner representing the Apple Valley area. He served as Dakota County Commissioner for 16 years. ACTION REOUIRED The City Council should consider a motion to approve the attached proclamation designating January 8, 2013 as "Will Branning Day" in Apple Valley. CITY OF APPLE VALLEY PROCLAMATION WHEREAS, Will Branning has been an active and committed resident of the City of Apple Valley for many years; and WHEREAS, Will began his community service in 1969 when he was elected as a Councilmember for the Village of Apple Valley; and WHEREAS, Will served as an elected official in Apple Valley for over 20 years serving as both Councilmember and Mayor; and WHEREAS, Will concluded his last term of office with the City in 1997 when he was elected to the Dakota County Board of Commissioners; and WHEREAS, Will's service as a Dakota County Commissioner representing the City of Apple Valley has been exemplary; and WHEREAS, Will has played an instrumental role in thousands of decisions that cumulatively have made Apple Valley and Dakota County a great place to live, work, and play. NOW, THEREFORE, the City Council of Apple Valley, Dakota County, Minnesota, does hereby proclaim January 8, 2013, as: "WILL BRANNING DAY" in Apple Valley, Minnesota, in recognition of his many contributions. BE IT FURTHER PROCLAIMED, that on behalf of all Apple Valley citizens, we extend our gratitude and well wishes for a long and well-deserved retirement. PROCLAIMED this 27th day of December, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY PROCLAMATION WHEREAS, Will Branning has been an active and committed resident of the City of Apple Valley for many years; and WHEREAS, Will began his community service in 1969 when he was elected as a Councilmember for the Village of Apple Valley; and WHEREAS, Will served as an elected official in Apple Valley for over 20 years serving as both Councilmember and Mayor; and WHEREAS, Will concluded his last term of office with the City in 1997 when he was elected to the Dakota County Board of Commissioners; and WHEREAS, Will's service as a Dakota County Commissioner representing the City of Apple Valley has been exemplary; and WHEREAS, Will has played an instrumental role in thousands of decisions that cumulatively have made Apple Valley and Dakota County a great place to live, work, and play. NOW, THEREFORE, the City Council of Apple Valley, Dakota County, Minnesota, does hereby proclaim January 8, 2013, as: "WILL BRANNING DAY" in Apple Valley, Minnesota, in recognition of his many contributions. BE IT FURTHER PROCLAIMED, that on behalf of all Apple Valley citizens, we extend our gratitude and well wishes for a long and well-deserved retirement. PROCLAIMED this 27th day of December, 2012. �. ., Mary am -Ro d, M yor ATTEST: P �lo�cleA�G�v Pamela J. G ckstetter, City Clerk �� ' ITEM NO.: �--� � ..... L.. . CITY OF A�VaIIey • MEMO Planning and Development Department TO: City Administrator, Mayor, and Councilmembers FROM: Thomas Lovelace, City Planner DATE: December 21, 2012 SUBJECT: Community Development Block Grant Program for Fiscal Year 2013 For your consideration is a draft resolution approving the application for Community Development Block Grant (CDBG) funds for fiscal year 2013, which runs from July 1, 2013 to June 30, 2014. The Dakota County Community Development Agency (CDA) has indicated that Apple Valley's expected 2013 CDBG allocation will be $103,500.00, a 10% decrease from last year's final allocation. Staff is proposing that $92,500.00 be allocated for the Home Improvement Program and $11,000.00 for the DARTS Outdoor Chore Service and Homemaking Service Programs. In 1984, Federal Community Development Block Grant (CDBG) funds became available to Dakota County on an entitlement basis. These funds, which have been administered by the CDA, must be used primarily for programs that benefit either disadvantaged or low- and moderate- income persons (the elderly are categorized as "disadvantaged"). Other eligible uses are plaruiing studies (up to 20% of annual fund expenditures) or projects addressing "imminent threats to health and safety" (rarely used). For the purpose of allocating these funds, Dakota County was divided into four Community Development Districts, with each district containing communities of similar characteristics and needs. District #3 contains the cities of Apple Valley, Burnsville, and Eagan. Each year, the total amount of CDBG funds is divided up among the four districts based on a formula of population and numbers of low-income households. Past use of funds has ranged from joint programs effective in all three cities, to individual city programs allocated on a pro rata share of yearly fund allocations (based on population), to individual city programs using the full or "lion's share" amount of the annual district allocations on a rotating basis. Currently, the funds are being allocated on a pro rata basis to each individual city. Although the City has used their CDBG allocation for a variety of project over the years, a majority of the have been allocated for the following housing rehabilitation programs: • The citywide Home Improvement Loan Program, also referred to as the Housing Rehabilitation Revolving Loan Program, which provides low interest and deferred loans up to $25,000 to homeowners for housing rehab. • The Manufactured Home Replacement Loan Program, which provides up to $15,000 in the form of low interest loans to owners andJor prospective owners for the replacement of older, substandard or dilapidated manufactured dwelling units with newer ones. Attached is a list of the City's yearly CDBG allocation from 1985-2012. It also identifies who received funding and the amount received. In 2007, the City allocated approximately $80,000 for the Manufactured Home Replacement Loan Program. With a recent fund balance of $72,838.76, this program has seen no activity over the past few years. On December 13, 2012, the City Council voted to reprogram this money along with $42,161.24 of housing rehab funds from 2010 and 2011 to be used as a 50% match for the purpose of rehabbing the Glazier Townhomes, a 15-unit CDA operated residential development located at 14631-14659 Glazier Avenue. Reprogramining of these funds was done for two reasons. The first was to provide funding for the rehab project. The second was to meet the U.S. Department of Housing and Urban Development's (HUD) timeliness requirement that has been established to ensure that allocated funds spent in a timely manner as established by HUD. In this case the funds need to be spent by May 1, 2013. Even though we reprogrammed existing funds from the Home Improvement Program for the Glazier townhomes project, there continues to be demand in Apple Valley for these home improvement loans. As of October 31, 2012, there are five active loan files with a commitment of funding in the amount of $90,176.97, with another loan request on a waiting list. The CDA has indicated that they do not expect loan requests to subside; therefore we are proposing that the City dedicate $92,500.00 of the 2013 allocation towards the home improvement program. Since 2009, the City has committed $22,500.00 of our CDBG funding for the DARTS (Dakota Area Resources and Transportation for Seniors) Outdoor Chore Service program. This program provides assistance to older residents with heavy chores and outdoor yard work such as raking leaves; snow shoveling, lawn mowing, cleaning gutters, and cleaning garages and basements. DARTS charges $30 per hour for each chore request, with most chores taking 1-3 hours to complete. It appears that this program continues to be very popular in Apple Valley. DARTS has requested that we continue to provide CDBG funding for the Outdoor Chore Program and has asked that the City provide additional funding for their Homemaking Service Program. This program provides assistance to seniors with housekeeping, laundry, and other indoor chores. Services may also include grocery shopping and errands. Staff is recommending that the City allocate $11,000.00 for the two DARTS programs. Staff Recommendation: Adopt the draft resolution in accordance with the attached CDBG application, which approves the allocation of the City's Fiscal Year 2013 CDBG funds be used for the Home Improvement Program for low-and moderate-income households in Apple Valley, which will be administered by the Dakota County CDA; and DARTS Outdoor Chore Service and Homemaking Service Programs for older residents, which will be administered by DARTS. CITY OF APPLE VALLEY RESOLUTION NO. 2012- APPROVAL OF TI�E APPLICATION OF THE CITY OF APPLE VALLEY FOR FISCAL YEAR 2013 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING WHEREAS, the City of Apple Valley is a participating jurisdiction with the Dakota County CDBG Entitlement Program for Fiscal Year 2013 (ending June 30, 2014); and WHEREAS, the Dakota County CDA is a Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA has requested Fiscal Year 2013 CDBG applications to be submitted by December 31, 2012, based on a district formula allocation of funds approved in the 1984 Community Development Implementation Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Apple Valley hereby approves the following: 1. The Fiscal Year 2013 CDBG application is approved by the City Council of the City of Apple Valley, and the City's Mayor and City Clerk are authorized to execute it on behalf of the City of Apple Valley. 2. The City Clerk for the City of App1e Valley is authorized to execute the application and all agreements and documents related to receiving and using the awarded CDBG funds. 3. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf of the City of Apple Valley, subject to future Sub- recipient Agreements that may be required for specific CDBG-funded activities. ADOPTED this 27th day of December, 2012. Mary Hamann-Roland, Mayor ATTEST: � r p � �� � � � � Pamela J. Gac�stetter, City Clerk APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Application must be received by the Dakota County Community Development Agency NO LATER THAN DECEMBER 31, 2012 (for Program Year 2013, 7/01/13-6/30/14) _, , � Genera(1nft�rmati�n; -�' " G G � �. � — �,� �„�- � u „� ; - i� � �i a � �,���,�,�,�,f�a�"" ' _ „.� : n � _ � . � � = �t' � � �i �� , ' . "�i�ii i�� E �m�� k�G� �I ��i) i(��h`��IT�� �hi �i�i�^, � . � . .�� �: . P . . i . — ,� , '—� ,. � i � . � " ` � � ... ' �:n, Applicant Name: City of Apple Valley DUNS #: 3 Contact Name: Thomas J. Lovelace Applicant Address: 7100 147 Street West City, State, Zip: Apple Valley. MN 55124 Phone: 952.953.2572 Fax: 952.953.2515 Email: tlovelace@ci.apple-valley.mn.us �� �� — — — h �� � ��3r �� ���� �� � � �• �i��� � � �1��} C?'���,PI�C�~��'��� ��Itl�'�i � �� ��—_- ' ' „� . . �,i„iiii ������� �� �� ���F ;', ,���i7iiii�i� ��� ¶ �i..,ols . ,� � r ,wi�` - -� Iii101 ��_-- ii� ' � `",ilhGii hri��fi�" � �i��m .N t�N,a3 lill�liiilml iihll�iM�i6 _ - �i r��'r .�fi I���� #1 Title: DARTS Senior Outdoor Chore Service CDBG Request: $11,000.00 and Homemaking Service Programs #2 Title: Apple Valley Home Improvement Loan CDBG Request: $92,500.00 Program #3 Title: CDBG Request: #4 Title: CDBG Request: #5 Title: CDBG Request: Total Request: 103,500.00 PLEASE NOTE: AT LEAST 50% of the proposed funding must qualify as a LOW/MOD benefit and NO MORE THAN 40% of the proposed funding can be forPUBLIC SERVICES. As public services may not account for more than 15% of the County's total funding, public service requests may need to be decreased once all applications are submitted and reviewed by CDA staff. ii i��u� � � � � i u �. * r �q i ill � � �.ii F.�liil '�� = ���il! � 14 � ��� �! '� � i Ii1 i i i ! i ii � - � ^�l lll� Il�lii i1 al �',._,� � pil � � k�h .� ___ —, , i�i1��'ili�) J =i��pi. � i pn �'Jililli Ii lllilitl , ail��iIIIVVI�'��li II 4� „ = ` i ` - -.-, Il�i�'IU � � 1�1� ���1'tlflCa�IC?It ' , �i��LL '�i��ull��� _ , i�� ��� �I�� �i��i�'� , I���Ili��r,ii�ry��i�'�I�'I� �'I�t� ll!III�II!II�II�IIINII��illllll���ll!�` �1h��li��'I�I,� ;'' � � ��,� ��iI�I��iN r �� 01611��r ia���„�I��I= .,��� �i i z; -,�,��.) II,,����I�II�IIIG�) �i II��'� ,��° O�I��� r,, ,��� � � I certify that the information contained in this application is true and correct and that it contains no misrepresentations, falsifications, intentional omissions, or concealment of material facts. I further certify that no contracts have been awarded, funds committed, or construction begun on the proposed project(s), and that none will be made prior to notification from the Dakota County CDA based on HUD's issuance of a Release of Funds Notice. Signature of Authorized Official Date � Mavor � Title of Authorized Official �, O �� �� , �'� � ' " : i �% i � � � � � , �s - I Pro�ec#/,Ac#iv��Titl� = � � = — � ' r �� � �-" y � �� v � � i �._" ;it ,iiiir '� ° - y c _�.is� ' � " i�ilii161� . �� ��� i i 1. _ �,�. "� _ � ' "� ,:io���`� � _' �'M Please complete the following Sections I-VI for EACH proposed proje�t/activity. (For example, if 3 projects/activities are being proposed, there will be 3 sets of the following pages.) Project/Activity # 1 Project/Activity Title: Public Services-DARTS Outdoor Chore Service and Homemakinq Service Proqrams _ w'i �°'� '$ � 4� i,i r • Gr, ���—�C��E:�r'���'�11/�'���M�1'���`�'fl�'�1��1't�n"��I'�'I����i�� -��������i��i� (� �h�����`AO�������iii��ill�a����l�'�. �iiih-������ii��`� �,��I���= ��'�� _ ��i �� i� �� � i�"' � � Describe the proposed project/activity. Provide project funding for the DARTS Outdoor Chore Service and Homemaking Service Programs. The Outdoor Chore Service Program provides assistance to Apple Valley's senior residents with home maintenance chores such as snow removal, lawn mawing, weeding gardens, and small tree and shrub trimming. The Homemaking Service Program provides seniors help with housekeeping, laundry, and other indoor chores. It can also include light meal preparation as well as grocery shopping/errands. Has this Project/Activity received CDBG funding before? � Yes ❑ No Check the eligible activity category of the proposed project/activity: (See attached definitions) ❑ Acquisition/Disposition: ❑ Public Facilities/Improvements: Vacant or undeveloped property Buildings Commercial property Infrastructure Residential property Assessment abatement ❑ Demolition/Clearance � Public Services (i.e. chi�d care recreation programs) ❑ Economic Development ❑ Planning ❑ Rehabilitation ❑ Homeownership Assistance: Owner occupied housing Support services (i.e. counse�ing) Rental housing Downpayment assistance Commercial Other types of purchase finaneing ❑ General Administration ❑ Other (please describe): ❑ Relocation Describe the project/activity schedule: Proposed Project/Activity Start Date: Onqoinq Proposed Project/Activity Completion Date: Onqoinq � III�CABG Na���r��1 Ub��ctt�r� tii�,� 4 _ ''����c � i��" I ��� i ������ ii H�� I �tiI I ������� i01 i�'����Il�y�����u�'yo;i+G�Illi���lil�� �� CDBG funded projects/activities must meet one of the program objectives. Check the objective for which the CDBG funds will be used. ❑ Low/Mod Area Benefit � Low/Mod Limited Clientele Benefit ❑ Low/Mod Housing Benefit ❑ Low/Mod Jobs Benefit ❑ Slum/Blight Area Benefit ❑ Slum/Blight Spot Benefit ❑ Urgent Need (extremely rare; used only for emergencies): If you checked the Low/Mod Area Benefit box, please answer the following: In what Census.Tract/Block Group(s) do beneficiaries of your Project/Activity Iive? (Please inc�ude map) How many residents live in this area? What is the percentage of low and moderate-income beneficiaries? How was this documented? ❑ HUD Data ❑ Survey (See enclosed map) (Please include a copy of survey) � If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? Households (Income eligibility must be verified by written documentation) Where will this project/activity be available? (Address of property, neighborhood, city-wide) If you checked the Low/Mod Limited Clientele Benefit box, please answer the following: How many Low/Mod People or Households will benefit? A minimum of 50 households, with a minimum of 200 Chore viSitS. jP/ease choose either people or households for each project.) How will income be verified? ❑ Income Verification Request Forms ❑ Eligibility Status for other Governmental Assistance program ❑ Self CertifiCatiOn (Must request source documentation of 20% of certifications and must inform beneficiary that all sources of income and assets must be included when calculating annual income) � Presumed benefit (HUD presumes the following to be low and moderate-income: abused children, battered spouses, elderly persons, severely disabled persons, homeless persons, persons living with AIDS, migrant farm workers) If you checked the Low/Mod Jobs Benefit box, please answer the following: To meet the requirements of the "Jobs" National Objective, the business being assisted must enter into an agreement showing commitment that at lease 51 % of jobs created or retained will be available to low/mod income persons. The business must a/so be prepared to provide a list of all jobs, detailed information about the jobs being created or retained, the selection and hiring process, and demographic information about the employees. Will this project/activity create or retain full time equivalencies (FTEs)? ❑ Create ❑ Retain For job(s) that are being retained, please provide evidence thaf fhe assisted business has issued a notice fo affected employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial records that shows the business is likely to cut back on employment in the near future without planned intervention. Will the job(s) created or retained require a special skill? ❑ Yes ❑ No What percent of permanent FTEs will be held by or available to low/mod income persons? % If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the following: What are the boundaries of the slum/blight area or the address of the slum/blight spot? (Please provide letter from building inspector or other documentation noting deficiencies and include photos) If Slum/Blight Area, what percent of buildings are deteriorated? % What deficiency will be corrected or the public improvement be? , ( ii„ iiui'C, ;p = °• ' � I��I��litlii = n�qi9� �" � � "�C'����nill;w� 1 = � it � , ��'I�:�P�ro�sed,O��jecti�es��� = — �����;���,�,�i�ll�q�����.;,� . iiNi ��i�l�i�, �� pp __ _ �; � � ����wr� i�l(���I�i� ` � ���II�u��UO — � " ���II'I���I�' — �-� ro4�'tli�h...�=,�?`. Indicate the proposed objective and outcome of the activity/project. Outcome #1 Outcome #2 Outcome #3 Availability/Accessibility Affordability Sustainability Objective #1 ❑ Accessibility for the ❑ Affordability for the � Sustainability for the Suitable Living purpose of creating a purpose of creating a purpose of creating a Environment suitable living suitable living suitable living environment environment environment Objective #2 ❑ Accessibility for the ❑ Affordability for the ❑ Sustainability for the Decent Housing purpose of providing purpose of providing purpose of providing decent housin decent housin decent housin Objective #3 ❑ Accessibility for the ❑ Affordability for the ❑ Sustainability for the Economic purpose of creating purpose of creating purpose of creating Opportunity economic opportunities economic economic o portunities op ortunities Indicate how the project/activity outcome will be measured and projected number of beneficiaries. ❑ People � Households 50 (200 visits) ❑ Housing Units ❑ Public Facilities ❑ Organizations ❑ Jobs ❑ Businesses _ V�� P_r�ority IUeeds � . = = ; _, ° � ��� ��. " � _ � �• �;�°i���, _` - � -� _, l�ote: : Th�'priorit cafe .ciries may cf��n e' a'� a r�*suft:of the 2Ufl� 2Q14 Con�ol�d�er��la�a `/'ann�ng�pro�e�s. _: Check the priority need from the Consolidated Plan for which the CDBG funds will be used: High Priority Needs — Housing Medium Priority Needs — Housing ❑ Renter, elderly, 0-50% of inedian income ❑ Renter, elderly, 51-80% of inedian income ❑ Renter, small related, 0-80% of inedian income ❑ Renter, large related, 0-80% of inedian income ❑ Renter, all other, 0-50% of inedian income ❑ Owner, 0-80% of inedian income High Priority Needs — Community Development Medium PriorityNeeds — Community Development ❑ Acquisition of Real Property ❑ Senior Centers ❑ Disposition of Real Property ❑ Homeless Facilities ❑ Parks, Recreational Facilities ❑ Youth Centers ❑ Water/Sewer Improvements ❑ Solid Waste Disposal Improvements ❑ Street Improvements ❑ Flood Plain Improvements ❑ Sidewalks ❑ Handicapped Services ❑ Clearance and Demolition ❑ Transportation Services ❑ Clean-up of Contaminated Site ❑ Battered and Abused Spouses Services � Senior Services ❑ Crime Awareness ❑ Youth Services ❑ Fair Housing Activities ❑ Rental Housing Subsidies ❑ Public Housing Modernization ❑ Relocation ❑ Rehabilitation of Other Publicly Owned Residential ❑ Construction of Housing ❑ Residential Historic Preservation ❑ Direct Homeownership Assistance ❑ Non-Residential Historic Preservation ❑ Rehabilitation of Single Unit Residential ❑ Other Commercial/Industrial Improvements ❑ Rehabilitation of Multi-Unit Residential ❑ Economic Development Non-Profit Assistance ❑ Rehabilitation of Commercial/Industrial ❑ Economic Development Technical Assistance ❑ Code Enforcement ❑ Micro-Enterprise Assistance ❑ Commercial/Industrial Land Acq./Disposition ❑ Commercial/Industrial Infrastructure Development ❑ Commercial/Industrial Building Acq., Rehab ❑ Planning Low Priority Needs — Community Development These activities should be funded with sources other than CDBG. Privately Owned Utilities Handicapped Centers Neighborhood Facilities Child Care Centers Substance Abuse Services Employment Training Child Care Services Abused and Neglected Child Services Tenant/Landlord Counseling �/1������ra�e�t.Bu�ige�� - � _ = , � � � � � � � li �_ � � �� `� i � �i� �� � ��� _ � a•. �=n. ��I��i � �"��� ���" i '� _ ��u� _ ar��:. g ,i ��n �k�� � �,�,) Provide the total project cost and CDBG request. Total Project Cost: $291,000.00 Total CDBG Request: $11,000.00 CDBG Percent of Total Cost: 3.8% Describe all other funding sources. Source of Funds Amount Committed Pending Fees for Service $249,500.00 ❑ � DARTS Operating Budget $41,500.00 � ❑ ❑ ❑ TotaL• $291,000.00 Please itemize project expenses, using the following guidance as applicable: . • Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs • Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials, supplies), installation, permits and other construction/rehabilitation costs • Professional Fees and Personnel Costs - Include architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees • Other Development Costs - Include relocation, financing costs, environmental reviews, environmental studies, and other development costs • Eligible Costs for Planning Projects - Include professional services, project management costs, and other planning costs Itemized Use of Funds/Expenses Costs CDBG Funds Requested Salaries and Benefits $272,500.00 $10,300.00 Vehicle Operating Expenses and Staff Mileage $7,100.00 $270.00 Program Equipment $3,600.00 $140.00 Other Program Costs $7,800.00 $290.00 TotaL• $291,000.00 $11,000.00 " � ` ` � �= ��G ��� H �� �" � ' ' �tt� �i�"�ii el i�i� n��(F�i�u� i����,^*, �"— ��,;;, i' �i I ero� T��le ,- � � `_ — - _ �, , r w . = � _ - � .., � ;����'I Please complete the following Sections I-VI for EACH proposed project/activity. (For example, if 3 projects/activities are being proposed, there will be 3 sets of the following pages.) Project/Activity # 2 Project/Activity Title: Apple Vallev Home Improvement Loan Proqram M � ��� � I I�I 1 � — I� 11111 �!.II`��"� ^ � �� � � f?'r4��c�/Acti�r���rnform�f�on,� � � ���,��,�� � ���� � — ����������.�M ,�.�- _ � � �� — u��l�=' xtri � I��� s� I. . �, �z�_ if �`�I��,I �E —. �' nh �,_ T—,� "� Describe the proposed project/activity. Replenish funding for the existing Apple Valley Home Improvement Loan Program, also referred #o as the Housing Rehabilitation Revolving Loan Program. This program provides financial assistance in the form of low interest and deferred loans to low and moderate income residents for home repairs and improvements. Both have a maximum loan amount of $25,000. Eligibility for either loan is based on gross annual income and financial assets. Low income households with incomes less than 50% of the Metropolitan Statistical Area (MSA) median income are eligible for the deferred loans. Households with incomes between 50% and 80% of the MSA median income are eligible for the low interest loan, which has a low interest fixed rate loan. Eligible dwelling units are any type of owner-occupied housing, including manufactured homes. Funds are to be used to make common repairs such as window replacement, new siding, new roofing and mechanical repairs such as furnace replacement. Ramps, bathrooms and kitchen modifications, and removal of barriers to accommodate home owners with special needs are also examples of eligible improvements. Has this Project/Activity received CDBG funding before? � Yes ❑ No Check the eligible activity category of the proposed project/activity: (See attached definitions) ❑ Acquisition/Disposition: ❑ Public Facilities/Improvements: Vacant or undeveloped property Buildings Commercial property Infrastructure Residential property Assessment abatement ❑ Demolition/Clearance ❑ Public Services (i.e. chi�d care recreation programs) ❑ Economic Development ❑ Planning � Rehabilitation ❑ Homeownership Assistance: X Owner occupied housing Support services (i.e. counse�ing) Rental housing Down payment assistance Commercial Other types of purchase financing ❑ General Administration ❑ Other (please describe): ❑ Relocation - Describe the project/activity schedule: Proposed Project/Activity Start Date: On oin Proposed Project/Activity Completion Date: Onaoinq � �, ,��� ~ = ' � � � i� � . � � =� ' � �i��� ; � � � � 1�1. CD� Nat�nal�}��e�t�r►e''�:,, ,� a �� ,5� „1 � , � M � � n ,�,� �� =�� s �� �� , � ���N�n��� ����,� ����� � ������"� �, ; � — � � �a �i� � �� ��'��' " � � �� �"'�' _ ���� ._ — ��� _ CDBG funded projects/activities must meet one of the program objectives. Check the objective for which the CDBG funds will be used. ❑ Low/Mod Area Benefit ❑ Low/Mod Limited Clientele Benefit � Low/Mod Housing Benefit ❑ Low/Mod Jobs Benefit ❑ Slum/Blight Area Benefit ❑ Slum/Blight Spot Benefit ❑ Urgent Need (extremely rare; used 'only for emergencies): If you checked the Low/Mod Area Benefit box, please answer the following: In what Census Tract/Block Group(s) do beneficiaries of your Project/Activity live? (P�ease inc�ude map) How many residents live in this area? What is the percentage of low and moderate-income beneficiaries? How was this documented? ❑ HUD Data ❑ Survey (See enc/osed map) (Please include a copy of survey) If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? Up to 4 Households (Income eligibility must be verified by written documentation) Where will this project/activity be available? (Address ofproperty, neighborhood, and city-wide) Citv-wide If you checked the Low/Mod Limited Clientele Benefit box, please answer the following: How many Low/Mod People or Households will benefit? People/Households (P/ease choose either people or househo/ds for each project.) How will income be verified? ❑ Income Verification Request Forms ❑ Eligibility Status for other Governmental Assistance program ❑ Self-Ce�tifiCatiOn (Must request source documentation of 20% of certifications and must inform beneficiary that all sources of income and assets must be included when calculating annual income) ❑ PreSUmed beneflt (HUD presumes the following to be low and moderate-income: abused children, battered spouses, elderly persons, severely disabled persons, homeless persons, persons living wifh AIDS, migrant farm workers) If you checked the Low/Mod Jobs Benefit box, please answer the following: To meet the requirements of the `Jobs" National Objective, the business being assisted must enter into an agreement showing commitment that at least 51 % of jobs created or retained will be available to low/mod income persons. The business must a/so be prepared to provide a list of all jobs, detailed information about the jobs being created or retained, the selection and hiring process, and demographic information about the employees. Will this project/activity create or retain full time equivalencies (FTEs)? ❑ Create ❑ Retain For job(s) that are being retained, p/ease provide evidence that the assisted business has issued a notice to affected employees or that the business has made a public announcement to that effecf, OR an analysis of relevant financial records that shows the business is likely to cut back on employment in the near future without planned intervention. Will the job(s) created or retained require a special skill? ❑ Yes ❑ No What percent of permanent FTEs will be held by or available to low/mod income persons? % If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the following: What are the boundaries of the slum/blight area or the address of the slum/blight spot? (Please provide letter from building inspector or other documentation noting deficiencies and include photos) If Slum/Blight Area, what percent of buildings are deteriorated? % What deficiency will be corrected or the public improvement be? i p, ���ii� i' �.a i ; I��IUII; ql�l��lr '' _ � ilii ��� _ ��� �i - _— d �i1�t���'��Il��ii "��I� I� �1'O��}S�f� �}bJ�G�1V��s1CIC� {�l��C�01'Y1�S���i - ���rd�i��o�h�rm��„i���a��q,piq��u�il" _ _ �iiail� ° h���`�� V�hll'��'°' ����:��� °'� �i�+��� ���i�w 4�ii u—�ii�ir�—; z�� � �f, � __,� � =�iii�.ii�l����ii��li�h����� Indicate the proposed objective and outcome of the activity/project. Outcome #1 Outcome #2 Outcome #3 Availability/Accessibility Affordability Sustainability Objective #1 ❑ Accessibility for the ❑ Affordability for the � Sustainability for the Suitable Living purpose of creating a purpose of creating a purpose of creating a Environment suitable living suitable living suitable living environment environment environment Objective #2 ❑ Accessibility for the ❑ Affordability for the � Sustainability for the Decent Housing purpose of providing purpose of providing purpose of providing decent housin decent housin decent housin Objecfive #3 ❑ Accessibility for the ❑ Affordability for the ❑ Sustainability for the Economic purpose of creating purpose of creating purpose of creating Opportunity economic opportunities economic economic 0 ortunities o ortunities Indicate how the project/activity outcome will be measured and projected number of beneficiaries. ❑ People ❑ Households ❑ Public Facilities ❑ Businesses � Housing Units 4 ❑ Jobs ❑ Organizations � Praorit Ne�ds , �� �� ,,,�� s � � _ = � �h� � -Y . : : _ � 5 �� �°�`�, i � � � ° f „. : ., - � n u�ld �i ilii¢ �_ ��� „iil� � , iiiil� °., -�� 11fc��. The�; riori� .���e'�'aries�tow�efl�c��.�� �4���,p 2f���# �o�c�l��!ated Pl� �.P������'������ ,�3�� ' � ���H!�'i � ���, �� � �� -- �, Check the priority need from the Consolidated Plan for which the CDBG funds will be used: Medium Priority Needs — Housing High Priority Needs — Housing ❑ Renter, 51-80% of inedian income ❑ Renter, 0-50% of inedian income ❑ Owner, 31-50% of inedian income � Owner, 51-80% of inedian income Low Priority Needs - Housing ❑ Owner, 0-30% of inedian income Medium Priority Needs - Community Development High Priority Needs — Community Development ❑ Senior Centers ❑ Acquisition of Real Property ❑ Homeless Facilities ❑ Disposition of Real Property ❑ Youth Centers ❑ Parks, Recreational Facilities ❑ Neighborhood Facilities ❑ Water/Sewer Improvements ❑ Flood Plain Improvements ❑ Street Improvements ❑ Handicapped Services ❑ Transportation Services ❑ Sidewalks ❑ Clearance and Demolition ❑ Battered and Abused Spouses Services ❑ Clean-up of Contaminated Site ❑ Crime Awareness ❑ Senior Services ❑ Fair Housing Activities ❑ Youth Services ❑ Relocation ❑ Rental Housing Subsidies, 0-50% AMI ❑ Public Housing Modernization ❑ Direct Homeownership Assistance, 51-80% AMI ❑ Rehabilitation of Other Publicly Owned Residential ❑ Rehabilitation of Single Unit Residential ❑ Residential Historic Preservation ❑ Rehabilitation of Multi-Unit Residential ❑ Non-Residential Historic Preservation ❑ Rehabilitation of Commercial/Industrial ❑ Commercial/Industrial Rehabilitation ❑ Code Enforcement ❑ Commercial/Industrial Bldg. Acq./Rehab ❑ Commercial/IndustrialJnfrastructure Development ❑ Code Enforcement � ❑ Planning ❑ Economic Development Technical Assistance � ❑ Micro-Enterprise Assistance Low Priority Needs — Community Development These activities should be funded with sources other than CDBG. Privately Owned Utilities Substance Abuse Services Solid Waste Disposal Facilities Abused and Neglected Child Services Commercial/Industrial Infrastructure Construction of Housing Direct Economic Assistance Tenant/Landlord Counseling Handicapped Centers, Child Care Centers Child Care Services Employment Training Tenant/Landlord Counseling . � . . . � � ii ��" iii — X ii � ��i s _ i fi�i � � _ i�9 � i s�, iri ��! � il liii�' �� �s i r . V1.=Pro��ct�udg t = = = � ` _ ' � � �� �c��. � �� Provide the total project cost and CDBG request. Totai Project Cost: $92,500.00 Total CDBG Request: $92,500.00 CDBG Percent of Total Cost: 100%0 Describe all other funding sources. Source of Funds Amount Committed Pending ❑ ❑ ❑ ❑ ❑ ❑ TotaL Please itemize project expenses, using the following guidance as applicable: • Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs • Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials, supplies), installation, permits and other construction/rehabilitation costs • Professional Fees and Personnel Costs - Include architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees • Other Development Costs - Include relocation, financing costs, environmental reviews, environmental studies, and other development costs • Eligible Costs for Planning Projects - Include professional services, project management costs, and other planning costs Itemized Use of Funds/Expenses Costs CDBG Funds Requested Owner-occupied housing rehabilitation/ Up to a maximum of improveFnent costs to be determined per $25,000.00 per dwelling $92,500.00 individual application from homeowner unit TotaL $92,500.00 ***�* Please review each section for completeness. Each project/activity should have separate Sections I through Vl. h �' w �C;��I1E'. �t�1�3�'fl��'I�1e11� � .., C �' , � ; I�a�� Prt��;���..r�1, ,�� �` �� ;, , � � � � , t , � , _ � � � � ` , ; .� _�____. _.,___w _.._.�,...���� __��.�� ____.�..W.�____....._.___.__._______�..____.. ...�._.__...__._.__.�_.__ �F _��:�_.�._.���_�_� u_.__�.. ,� � ���� ���: � - � � d?akc�t� �ounty i�omeowners.rteedeng f�nanc�a! � How to Qualify � �: �ssrstana� to hsa[�e irGi#�rav�rrtents to the�rhorz�es�an � ,�� � HaD�N'��O A�Jp1y ��� � Applicants must own their home, meet equity and �prpg jrrtpro�eme�jt L�Bn �pplic�tiol7S C8n `�+ �- app1Y fQr a Hame t�t�tprouement Lr�an from �the t?aka#a credit .requirements and have a gross annual income � � ���ur�ty:�c�rttmuntty,�teuelopr�ienfi Agency �CGA� under the limits listed l�elow. ' b� dt�wnloaded frorn the C[7A's webs�te at ��'� � "� � � �� < � � , "�ruvuu c�akt�t��da org/Fiarneov�tners.h#m ar << �, � = � Comm�n �mpraverrien� �nclud� addin� msu�a��on� � . � �! �ur,na�e r�placemer��s� eacten�ir upgrad�s (�oa�s, � � � � �all (65�) ��5 4469 tn requ�st an ap�l�cet�or� � � � � Household Size Income Limit � � ' s�ding,: �ukr�dows) ac�d sp���at needs m�od�f►c�#i�ans � . ; ; , ' by m�it� ' � , ` , , � : $45,,500; ; �;' (sucM�as r�nnps or r�ll;;u�t shciv�er�� 1 '� ' F ', � � $52�000 , > �; ,�nrivat[y,�the Ct�A,:�ssests �etw�et���-t�a �It�o ; . .. � ,i:.. �Qmpl�ted a ; ��li��tinn� wNll,�be reuiew d;f r , r ' �� ; �; , ���53 ,,, , � ' .SOA � �, F�1� e i� � , ` hom��v�rners wrtk� ��e�ir �nrr�e improv�m�,�t pro�e�ts � a � � ����ss,00a � � � �i�ik��1�� and �11 perscir�al �nft�rrnation wilt be `��,� � �' ��� : � > ` ; , � ;. �, „ , � :"; � '�� , ��p��9Q � � , ��pt �r�vat+� per Mi�rn�so#a State L�vu �� �l.�an� Terms � :� � 5 , j. ' ' ,." � . F - � � � ._ ��� . � t' �� i r �� � - �� �i,. • Q°lo,anterest; , ,;. ,, ,£� prograrri funding is;,limi#et�,and th�re is a 6 $75 4Qp " �: ; ';$80fiCJQ ` �:; • ,No:rncan�lily payments , s+ � � �� � �a5,soo wait�ng li�# far loans " -+ LVllillt�tum �OSII �� �,(��Q ���� ` �� �� ° ' Income limits are ae Qf 12/11 and are subject to change. • Maxiinum�loan = $25,004 _�' �:� < � ` � '• ��Repayable when,the home is no longer th� �� :, , The Pracess � � ���� t�u+����c�n�? ` horneowner's pri�nat�r 'residence or wheri t,ti�; • If you yualify, � the CDA will inspecc your home, G�ni���iStl��'k H�t�son ��# (651 j'�� �75-4�69 ot' =: �,orirne is sold.�Homeovv�ers'may also; be requixed tv ��; -�-� � prepare specificadans and assist yau in obtaining , rnh�nst'iCt�dafrK��ptacd��sta#�,tttn us ��' �' �rep�y, the loan if they xe£inaiice'ar tal�e our°��-lmcne �t�; at leasz two biiis for the work to be done. ' ��� �, e,qu%ry Ioan.���, � • Loan proceeds are kept on account £or you by � I}akt�ta County CDA home�tmpro�ertneae lgans are ; . the CDA and paytnents are made direcdy to � �. � - . . . - . . • , . , i � no� For�iv'etz ��� the coneractors on your behalf when the work �� f �_ � � ��-. �.. -,• � . , ; : :: , � r , , �� �� "":' GO . . � is mpleted. � - - . . • . , , • � . . . . °' � � '�, :: ; , ° � ;�. ' �; �' * Tnspection of work upon campletion is � �, ti . .. � - s-.. -� . . . . , .. required by bath. you and the CDA befare � . , , , . , � � � M � * , � � payment is inade. - r . . . . � , • . . . � , • Special provisions may apply tp emergency �, � � �_ � ,� � situations and accessibility improvements, which ��� "� can be obtained by contacting the CDA. � .� � s�� . . . ,�t ; ,� .� . `� �`„� - ; - � `' w, � i . - • . . • .. a ` �r � `�'�' . � rr . � . � I � ' � fs�y . � ♦ �. t • ' r • • . a . • - �.. � � � � ♦� — ♦ t �" � �� � • r � F �� �� ,� •. .! � • � R • � � . �,� � ,� @ . . . �5F ',� ,� F��� ` � . l ; �' �y� ��,. ��� � ����� ��� � - � � � �' ' � � i s � �� � � � �` _M.. . , „ „ _ �`��- '� " � �^�, � � � � � � s � � your connection fo possibilities �e ��� . H��.�� ��pin�,la d�y, �. d h�lp it�. �, ��� �th��r ind��r c��r�� �� �-��� __ The hourly fee for DARTS' Homemaking Service �� £ is based on your income. . .� � : t �. �. �. � - ,_� � � �� � General Cleaning � . ���� � � � �� � ��� ��� � (kitchen, bathroom, closets, etc.) � � . �� z_�� ��,��� Vacuuming' we help Laund'ry � Dustin ,i,�'i g � Light Meal Preparation � �`�`� # �;��`�� Grocery Shopping/Errands � � �� ����� �_ ��Some heavy housekeeping tasks can be perFormed for an �� ����'� � additional fee. Light repair serviee is also available. � �:: � , �� � � � � �..��; �..��_� .... — .sGS:.. ` '4#'?;�� . . . w�e care, `T � rso �� �� ��' ,�� "'" � � Enjoy helping you with daily tasks � � � ��� '�� �, � ��� � � �`.�� �� �� ���� � Are carefully screened, ineludi�ng background and � � �� � _ � � � �` �'� � �reference checks � � � . d - �a-> " m� �, � � �Y` � { `� k ' �� � -� � ���'��� �� � Can be scheduled for as little as a 2-hour appointment �� —additional time can be scheduled in 15-minute increments � � �� Y � �' ��'::� �� r:��, r . �� " � � � � � . . ,� �: � DARTS' Chore Service is funded in part by the Metropolitan Area Agency �'��� ��� ���� � on Aging as part of the Older Americans Act we provide solutions DARTS 1645 Marthaler Lane, West St. Paul, MN 55118 651-455-1560 (Main) 651-455-1339 (Transportation) darts1.org • caregiverMN.org �.�� yaur • connection to possibilities �,, ,� � ; � e '�_�� Heavy Chores 8� Ou#door Yardwork � � DARTS' 4utdoor Chore Service is very af#ordabl�. , i� ,� The cost is bas�d on your income and the type � , , � ` � of wc�rk yau request. �� : � � � � Raking ieaves Trimrning small trees We /7e/ Snow sh�veling and shrubs* �' Touch-up p�.inting� .,� � ... Mowmg lawns Weeding gardens Exterior window washing* £$ �" � . Cleaning gutters� Removing ground level � �� �'� � � � � � � � � � � � storm windows or screens* �.: � ����: � � � � � � � � � We can also help with: Cleaning garages or Planting flower boxes basemenfs Patio furniture ; Packing boxes we c�r�, � DARTS' Outdoar Chore Service workers wiN perform ��; ���� �� � � work from a stepladder (6-�oot ladder or smal(er; no � extension ladders). They will nat use power equipment �_ _� �����=�� ��� �� while on a ladder. Chore workers are not available to apply � � � �. , � � � '� �� chemical treatment to lawns or gardens. � � ,�fi � � � �� ��` � �, �� �� DARTS' Outdoor �hore Service is funded in parf by the Metrapolitan Area "�" °� Agency on Aging as part of the Older Americans Act �� . �� � �: � . t,�, ��� we provide solutians DARTS 1645 Marthaler Lane, West St. Paul, MN 55118 651-455-1560 (Main? 651-455-1339 (Transportation) darts1.org • caregiverMN.arg �,�� CITY OF APPLE VALLEY CBDG FUNDING ALLOCATION 1985-2012 (Revised 12.21.2012) 1985 $219,000 Battered Women's Shelter: district-wide 1986 $264,945 Housing Rehabilitation: district-wide $14,884 Senior Housing Study: district-wide 1987 $304,669 Housing Rehabilitation: district-wide 1988 $45,000 Op-out Transit Study 1989 $44,423 Market Study 1990 $260,000 Economic Development RLF $27,986 Housing Rehabilitation RLF 1991 $86,000 Housing Rehabilitation RLF 1992 $100,527 Housing Rehabilitation RLF ($100,000 Transfer from Economic RLF to CDA Housing Land Acquisition at Cedar Knolls) 1993 $133,092 Economic Development RLF 1994 $133,092 Housing Rehabilitation RLF ($125,000 Transfer from Economic RLF to Housing Rehabilitation RLF) 1995 $145,094 Hayes Senior Center ($53,092 Transfer from Economic RLF to Senior Center) 1996 $144,500 CDA Housing Land Acquisition — AV Transit Station Site $20,000 Owobopte Land Acquisition 1997 $171,559 CDA Housing Land Acquisition 1998 $169,010 Fraser Services Land Acquisition 1999 $160,029 Housing rehabilitation RLF $10,000 Mary's Shelter 2000 $172,324 Housing Rehabilitation RLF 2001 $179,291 Housing Rehabilitation RLF 2002 $110,469 Housing Rehabilitation RLF $60,000 Mobile Home Replacement 2003 $170,500 Lebanon Valley Place Land Acquisition 2004 $161,338 Mobile Home Replacement h:\cdbg\general items\cdbg summary 1985-2012.doc 2005 $150,500 Housing Rehabilitation RLF 2006 $145,350 Housing Rehabilitation RLF 2007 $48,000 Housing Rehabilitation RLF $90,000 Mobile Home Replacement 2008 $138,800 Housing Rehabilitation RLF 2009 $125,800 Housing Rehabilitation RLF $5,000 DARTS Senior Chore Service 2010 $132,340 Housing Rehabilitation RLF $5,500 DARTS Senior Chore Service 2011 $115,000 Housing Rehabilitation RLF $4,500 DARTS Senior Chore Service 2012 $107,500 Housing Rehabilitation RLF (OYiginal 2012 application request was for $94,160) $7,500 DARTS Senior Chore Service ($115,000 Transfer from Manufactured Home Replacement Program and Housing Rehabilitation RLF to the Glazier Townhomes Rehabilitation Project) TOTAL $4,383,522 h:\cdbg\general items\cdbg summaty 1985-2012.doc �-. G ... .... ..... ,... ... City of App�e Va��ey MEMO Finance Department TO: Mayor, City Council and Tom Lawell, City Administrator FROM: Ron Hedberg, Finance Director DATE: December 20, 2012 SUBJECT: Committing General Fund - Fund Balance for Specific Items Government Accounting Standards Board (GASB) pronouncement 54 created a number of different fund balance classifications. One of these classifications includes a committed fund balance classification. The committed classification requires that the City Council take formal action to commit 12-31-12 Fund Balances prior to the end of the year. The commitment action taken by the City Council restricts the future purchases to these uses. GASB 54 provides that the exact dollar amounts may be calculated and assigned to the uses subsequent to year end as long as the specific use was identified prior to year end. Staff is seeking City Council commitment of resources to complete some budgeted 2012 items that were not completed in 2012. The action taken at this time is to commit fund balance for the specific purposes and that once exact dollar amounts are determined further action would be taken by the City Council to appropriate the resources. This is similar to actions taken in prior years and includes projects that were appropriated in the 2012 budget but will not be completed by year end. Summary of requested items to be included in General Fund Committed Fund Balance as of 12-31-12 follows. Items included in 2013 Final Levy adoption using 2012 resources The final 2013 budget incfuded the use of 2012 reserves for one-time items in the 2013 budget. These include parking lot improvements at fire station #1 and the recognition of grant dollars received for squad purchase and additional capital outlay items in the police department. Squad Car Outfitting Outfitting of 2012 squad cars bought earlier in the year but will not be placed in service until 2013 due to the scheduling of replacements. These cars will need to be outfitted to be placed into service in early 2013. The funding of this project will come from unspent funds budgeted in the police department budget for 2012, $32,800 was budgeted in 2012 for this purpose. Mayor and Council Commitments to General Fund — Fund Balances P2 Apple Valley Community Center Orders were placed for the LED lighting at the Community Center, the project will not be completed until 2013. The 2012 budget included $10,000 for these energy upgrades and the estimated project costs are $10,000. Municipal Center A contract was recently awarded for the replacement of the generator at City Hall. The contract was delayed while awaiting final requirements, the project will not be completed until 2013. The 2012 budget included $25,000 for these energy upgrades and the estimated project costs are $35,000. Information Technology Orders were placed for the certain capital outlay items that will likely not be received prior to the end of the year. These items include Panasonic Toughbook Laptops, Dell rugged laptops„ Cisco network switch, The estimated cost totals $56,500 and would be covered by budget savings in Capital Outlay in the IT Department budget. Information Technology The Microsoft licensing is changing beginning in 2013 beyond what was budgeted in 2013, IT staff is requesting to carryover potential savings in the 2012 IT budget to cover these additional and expected costs. Code Enforcement Software Replacement In 2012 Council authorized the purchase of a Cartegraph software application module and implementation services in the area of Code Enforcement, and Planning management. The implementation of the software begun earlier this fall but has not been completed. Carrying the balance forward would allow the team to complete the implementation. The funding for the remaining impfementation would come from previously committed balances. Traffic� Signs & Markers The 2012 traffic signal painting services contract will not be conducted until 2013. The amount of the contract is approximately $10,520 and would come from unused funds in the 6249 account. Fire Department Purchases The Fire Department requests to carryover and commit fund balance for the following uncompleted projects and would come from available resources in the following expenditure accounts noted in parenthesis. 1. Firefighter Turnout gear. $12,500 (6281) 2. Fire Station # 1 Garage Door replacement $57,700 (6715). 3. Fire Station # 1 Exterior & Apparatus Bay Painting $ 56,800 (6266) 4. Automatic External Defibrillator (AED) $1,300 (6211) 5. Firefighter Uniform Coats replacement up to $6,100, Ordered late may not be delivered by Dec. 31 St (exp 6281). Action Required The City Council is asked to adopt the attached Resolution Committing General Fund Balance for 2012 financial statement purposes. CITY OF APPLE VALLEY RESOLUTION NO. 2012- RESOLUTION COMMITTING GENERAL FUND BALANCE FOR SPECIFIC ITEMS WHEREAS, the Governmental Accounting Standards Board's Statement No. 54 includes five different classification of fund balance, and; WHEREAS, one of the fund balance classifications includes Committed Fund Balance, and; WHEREAS, for fund balance to be classified as committed at year end the City Council must approve the uses of specific items to be included as committed prior to year end, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley elects to commit fund balance as of December 31, 2012 for the following department and uses: • Police - Squad Car Outfitting • Police — Capital Outlay items • Police — Capital Outlay Grant Revenue recognition. • AV Community Center — LED lighting upgrades • Municipal Building — Generator replacement • Information Technology — Capital Outlay items • Information Technology — Additional Software licensing costs. • Code Enforcement — Software Implementation • Traffic Signs and Signal painting • Fire — Turnout Gear and uniform replacement • Fire — Fire Station # 1 Garage Door Replacement • Fire — Fire station # 1— Parking Lot improvements • Fire — Automatic External Defibrillator • Fire — Fire Station # 1 Exterior and Bay Painting ADOPTED this 27th day of December 2012. ATTEST: Mary Hamann-Roland, Mayor Pamela J. Gackstetter, City Clerk T. � . � • � • CITY OF � � � � APPLE VALLEY ����� MEMO •��• � � � Administration Department TO: Mayor and City Councii of Apple Valley Tom Lawell, City Administrator FROM: Charles Grawe, Assistant City Administrator DATE: December 27, 2012 SUBJECT: Renew Agreement with Apple Valley Chamber of Commerce to Administer the Convention and Visitors Bureau On June 27, 1996, the City of Apple Valley entered into an agreement with the Apple Valley Chamber of Commerce establishing the Apple Valley Tourist Bureau, later renamed Apple Valley Convention and Visitor's Bureau. The agreement contains a sunset clause that dissolves the Bureau after one year. The proposed agreement is a one-year extension largely similar to the current agreement. Due to the uncertainty in the economy, staff recommends continuing with one-year agreements. Highlight of Modifications The only recent significant change involves language pertaining to the verification of expenditures as the Chamber is now using its staff and software to maintain financial records instead of a public accountant. The City Attorney drafted the proposed agreement. Staff recommends that the City Council approve the attached modified agreement extending the term of the Convention and Visitors Bureau through December 31, 2013. CONVENTION AND VISITORS BUREAU AGREEMENT THE CONVENTION AND VISITORS BUREAU AGREEMENT, (the "Agreement") is made by and between the City of Apple Valley, a Minnesota municipal corporation (the "City") and the Apple Valley Chamber of Commerce, a Minnesota non-profit corporation (the "Chamber") and jointly referred to as the "Parties". WHEREAS, under the authority of Minn. Stat. §469.190, the City by ordinance imposed a local lodging tax to fund a local convention and visitors bureau for the purpose of marketing the City as a tourist center; and WHEREAS, the Chamber has established and will maintain a convention and visitors bureau (the "CVB") for the purposes of marking the City; and WHEREAS, accepting the services of the CVB to promote the City as a tourist center is desirous and required in order to efficiently and effectively promote the City's tourism business; and WHEREAS, the CVB is capable of handling all monies funded by the City for the purposes of marketing the City as a tourist center; and WHEREAS, to provide for the marketing of the City as a tourist center, it is in the best interest of the City and the Chamber to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing premises, the Parties hereto agree as follows: 1. Convention and Visitors Bureau Created. The Chamber agrees to maintain a Bureau, to be knows as the Apple Valley Convention and Visitors Bureau, which Bureau shall be a division of the Chamber. The CVB shall consist of seven (7) members. The CVB shall include two (2) members appointed by the Apple Valley City Council; the remaining members, all of whom shall live or work in the City of Apple Valley, shall be appointed by the Chamber. 2. Services Rendered bv Bureau. The CVB shall develop and administer programs to advance the economic impact of tourism in the City through planning efforts to improve the tourism product/ service mix in Apple Valley and by attracting visitors, meetings, trade shows and other like events. The CVB shall develop and administer such programs in accordance with the CVB's annual marketing plan. 3. Information/Charges. All services provided pursuant to Paragraph 2 of this Agreement shall be without charge to any person or organization using such services except those charges necessary to cover out of pocket expenses and the cost of administration as the CVB deems necessary. 4. Funding. The City shall remit to the Chamber ninety-five percent (95%) of the City's gross proceeds from the lodging tax imposed under the City's ordinance, however, the total amount of the proceeds remitted to the Chamber shall not exceed $100,000.00. Such funds paid by the City shall be used by the CVB exclusively for the purpose of funding the CVB's services under this Agreement. 5. Budget Approval. The Chamber shall submit to the City an Annual Operating Budget (the `Budget") for the CVB for approval by the Apple Valley City Council on or before December 31 of each previous year. Such Budget shall detail with specificity the uses to which the funds shall be spent to provide the services required hereunder. No modification in such Budget shall be made in excess of ten percent (10%) without prior approval of the Apple Valley City Council. The CVB shall have no deficit financing. Funds may be carried into the next year however when appropriate. 6. Verification of Expenditures. The Chamber shall submit to the City, a copy of the CVB's monthly checking (and any other banking) statements and an annual financial statement, verified by the President of the Chamber. The City shall have the right of access to the books and records of the CVB, at any time during normal business hours, to audit any item of revenue or expenditure. The Chamber shall provide for at least two signatures being needed to draw on the checking account and any other banking account holding the funds of the CVB. 7. Indemnification. The Chamber agrees to indemnify, defend and hold the City harmless for any claims, demands, actions or causes of action arising out of any act or omission on the part of the Chamber, its agents, servants or employees in the performance of or with the relation to any of the work or services performed or furnished by the Chamber or the CVB under this Agreement. 8. Insurance. A. General Insurance Requirements. The Chamber shall not commence any work or services under this Agreement until is has obtained all insurance required under this provision and shall have filed a Certificate of Insurance or certified copy of the insurance policy with the City. Each insurance policy required hereunder shall contain a clause providing that it shall not be canceled, reduced in coverage or lapsed by the insurance company without thirty (30) days' written notice to the City of its intent to cancel or effect a reduction of coverage or non renewal. B. Liability Insurance. The Chamber shall procure and maintain during the term of this Agreement general persona injury liability and property damage insurance with a minimum coverage limit of $500,000.00 per occurrence which shall prot�ct it, the CVB and the City from claims for damages for personal injury, including accidental deaths, which may arise from the work or services furnished under this Agreement, whether such 2 work or services be by the Chamber or by anyone directly or indirectly employed by the Chamber. The Chamber shall procure and maintain during the term of this Agreement, liability and property damage insurance for the CVB's directors. C. Workers Compensation and Emplover's Liability Insurance. The Chamber shall secure and maintain during the term of this Agreement, Worker's Compensation and Employers' Liability Insurance as required by law for its employees engaged directly or indirectly in the work and services under this Agreement. The Chamber shall also maintain insurance required under any other employee benefit acts in force and required by law. The City shall be named as an additional insured. 9. Alteration or Modification of Agreement. A. Any alteration, variation, modification or waiver of any provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both Parties. B. This Agreement shall constitute the entire Agreement between the Parties and supercedes all prior oral or written negotiations relating to the subject matter hereof. 10. Term of Agreement. The Agreement shall be dissolved automatically on December 31, 2013 subject to reconfirmation by the City and the Chamber. Either party may withdraw from this agreement with at least 60 days notice subject to take effect on December 31 of said year during the duration of this agreement. ll. Waiver of Breach. The waiver by either party or any breach of this Agreement by the other party shall not operate or be construed as a waiver of any other breach. 12. Assignment. The Chamber shall not assign, transfer, encumber, hypothecate, or otherwise dispose of any of its right, title or interest in, or to, or under this Agreement without the prior written consent of the City, and any purported such assignment, transfer, encumbrance, hypothecation or disposition without such consent shall be prohibited and void. 13. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to be given when and if sent by certified mail, return receipt requested, postage prepaid, properly addressed as follows, or such other address as may hereafter be designated in writing by either of the Parties: 3 IF TO THE CITY: CITY OF APPLE VALLEY 7100 West 147�` Street Apple Valley, Minnesota 55124 IF TO THE CHAMBER: APPLE VALLEY CHAMBER OF COMMERCE 14880 Galaxie Avenue, Suite 101 Apple Valley, Minnesota 55124 14. Severabilitv. The provisions of this Agreement are not intended to be severable, and the invalidity or unenforceability of any said provisions, or any portion thereof, shall not render the remaining provisions of this Agreement inapplicable or unenforceable. 15. Law Governin�. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. 16. Headin�s. All headings preceding the paragraphs herein are for the purpose of identification only and may not be used for the purposes of construing any provisions contained herein. 17. Singular-Plural. Wherever necessary or proper herein, the singular imports the plural and vice versa, and masculine, feminine and neuter expression shall be interchangeable. 18. Counterparts. This Agreement may be executed in one or more counterparts, all of which shall be deemed one and the same original instrument. Passed and duly adopted this day of December, 2012 by the City Council of the City of Apple Valley. CITY OF APPLE VALLEY By: Mary Hamann-Roland Its: Mayor By: Pamela J. Gackstetter Its: City Clerk 4 Passed and duly adopted this day of , 2012 by the Board of Directors of the Apple Valley Chamber of Commerce. APPLE VALLEY CHAMBER OF COMMERCE By: Scott Kadrlik Its: Chair By: Edward G. Kearney Its: President 5 L-I. �. 2 •� • CITY OF � � � � APPLE VALLEY MEMO •���• •��• � � � Administration Department TO: Mayor and City Council of Apple Valley Tom Lawell, City Administrator FROM: Charles Grawe, Assistant City Administrator DATE: December 27, 2012 SUBJECT: Approve 2013 Convention and Visitors Bureau Budget and Marketing Plan Attached are the proposed 2013 Apple Valley Convention and Visitors Bureau (formerly Tourism Bureau) Budget and Marketing Plan submitted by the Chamber of Commerce. On June 27, 1996, the City of Apple Valley entered into an agreement with the Apple Valley Chamber of Commerce creating the Apple Valley Convention and Visitors Bureau. As part of the agreement, the Chamber of Commerce is required to submit to the City Council an annual operating budget for City Council approval. Under the current agreement which expires on December 31, 2012, the City's contribution to the Bureau is 95% of lodging tax receipts, which are received from the visitors to the City staying at the hotels. The proposed 2013 budget totals expenditures of $104,000.00, up from $91,000.00 proposed expenditures in 2012. The difference is primarily due to a delay and carry-over of the planned direct mail coupon from 2012 to 2013. The hotels have found that people are continuing to save and use the coupon released in 2011 that had not yet expired. They would prefer not to have finro active coupons on the market at the same time. Of the 2013 total, $14,000.00 (or 13% of expenditures) is for staff salaries, rent for the Visitor's Center, capital equipment, and other overhead costs. The remaining $90,000.00 of expenditures (or 87%) is for direct marketing activities. The budget income and expenditures projections do not include special project fund requests from the CVB to the City. The attached Marketing Plan explains the Apple Valley CVB marketing philosophy accompanying the proposed budget and details the types of advertising that would be done. Unlike the traditional print ads which had long lead times which could be documented long in advance, a web-based strategy will require more opportunistic advertising as it becomes available. Thus, unlike past marketing plans that were largely charts of scheduled print ads, this marketing plan is more of a narrative explaining the guiding rationale for the larger categories of advertising that will be determined in more detail during the year. The City pays the Chamber in monthly increments based on lodging tax receipts. Staff recommends the City Council approve the proposed 2013 Convention and Visitors Bureau Budget and Marketing Plan. Please feel free to contact me with any questions about this item. Attachment Apple Valley Chamber & Convention & Visitors Bureau 2013 Marketing Plan Preface: The Annual Marketing Plan document is intended as a guideline for tourism promotional efforts during each calendar year. This document has a budget attached for 2013 which was approved by the Convention & Visitors Bureau Board on December 2" and the Chamber Board of Directors on December 11, 2012. The CVB Board is part of the Apple Valley Chamber of Commerce and follows the Chamber's bylaws and procedures. The City and Chamber both appoint representatives to the CVB Board. Executive Summary ■ This marketing plan continues our 2012 focus on a stronger online presence with Explore Minnesota as well as expanding a very successful direct mail campaign to residents. That plan included a postcard which residents could redeem for $20 off per night for the length of their visit. The focus was on referrals of friends, visitors and business acquaintances of residents. ■ New in 2013 is our focus on completely redesigning the shared Chamber and CVB website. While our old website was very good a few years ago, cell phone and tablet users want information quickly today (instant) and in a very simple format. While our old website with a wall of 3D pictures on the gateway is "cool," it takes too long to download and is difficult to navigate in today's instant online world. ■ Monument into Apple Valley—There is only a small sign that states you are in Apple Valley at Cedar and 35E. With 1.3 million visitors visiting our Minnesota Zoo annually, this is a missed opportunity to capture a portion of this market to shop, dine or use our services in downtown Apple Valley. For the second year, the CVB is putting money in a separate escrow account exclusively for the near future construction of a welcoming city monument that will read a message similar to "Welcome to Apple Valley, Home of the Minnesota Zoo and 20 Best Place to Live. Downtown 1 mile ahead." This will have a huge impact on our tourism, restaurants, shopping and even visitors looking for lodging. ■ CTM Brochure distributes our Apple Valley Tourism brochure at hundreds of racks from Des Moines to Dututh. This past year we added Wisconsin to Eau Claire. The CVB Board recently decided to expand our coverage to include Rochester down to LaCrosse. ■ As our Minnesota Zoo coupon expires, we will be printing a redesigned tourism rack brochure with 40,000 copies. ■ Minnesota Zoo is expanding and adding a new entrance on the east side. We have been in consultation with Bruce Nordquist at the City to look at having a joint presence in the new zoo entrance for shopping, dining and lodging in Apple Valley. Money has been set aside. ■ The CVB continues to donate money for many of the local sporting events at the High Schools, bowling alleys and park and recreation fields and facilities. Most of the money is for welcome ads in the event programs with visitor website information. 2012 Continuing CVB Programs o The Chamber APP for Apple Valley called MyChamberApp, is the first in Minnesota to do so and still one of only five communities with an App. The App (FREE to download) was paid for completely by the Chamber and therefore at no cost to the CVB, which saved the CVB $1,000 annually. Hotels, restaurants, attractions and things to do are featured and it includes coupon "Hot Deals" for tourists to call and mapping directions from where you are standing. The ability to have a coupon in the APP is already being used. It is connected to the Chamber's website's Hot Deals so that any change of coupon there is automatically put on the App. o Instead of creating separate websites and the added expense for MOBI landing page for anyone using their smart phones and/or tablet such as IPAD, we are in redesign right now with a new technology which automatically re-aligns itself to any device. Instead of finding tiny print to expand, the reader sees easy to navigate pages that fit the device much like "spandex." o The Chamber will continue to feature tourism on its homepage as long as we have a partnership agreement in place with the City. The Chamber is paying for any business changes and the CVB will pay the tourism side. This partnership has worked very well. o We have moved up on the home page of Google to ahead of MN Zoo and just behind the City of Apple Valley through our Google Maximization program we launched. o This budget includes building on last year's programs while adding funds to extend our reach through the Metro CVB's Partnership, which offers three levels of CVB participation and we chose the middle Platinum Partnership. o The Metro CVB's Partnership, facilitated by Explore Minnesota State Tourism Office, put our City name in response pieces, the State Tourism website, direct mail, e-mail marketing, Twins games, tourism itineraries and a dozen magazines including O(Oprah), Parade, a handful of tourism magazines and even Winnipeg. We will be seen by millions of people. We will continue this partnership in 2013. ■ We will again have enhanced marketing inn both State Tourism office's new website and in their Explore Minnesota Newspaper insert in the Star Tribune to 1/3 million readers statewide (3 times per year) and distributed at Visitor Centers and in fulfillment mailings. ■ The Chamber however once again for the eleven years Ed Kearney has been President, has chosen not to increase and administrative fees even though we've added a hotel and doubled income. ■ We have undated and re-printed a new walking around map for the hotels counters in full color tear off sheets. IMAX also uses these in great quantity. ■ We look to continue taking advantage of our larger than life Apple Valley ads promoting our hotels, restaurants and shopping to thousands of IMAX viewers on their screen every movie. ■ The hotels told us our direct mail campaign to residents in four cities was so successful, they want to do it again. 20% off hotel coupons were sent first class mail by us to every resident in Apple Valley, Rosemount, Farmington and Lakeville. The CVB recently expanded this to include Burnsville as well as Apple Valley again. This will be planned to distribute to every home in various cities in September 2013. ■ Our newest hotel, GrandStay Hotel & Conference (new name) has added a long awaited Conference Center called LaGrand. It is filling quickly and attracting meetings, weddings, youth groups, sporting groups etc. to come to Apple Valley. We used to lose this business to the surrounding cities. We see this as helping fill rooms including overflow to Americlnn. ■ The CVB also bought Kiosks for both hotel lobbies to promote tourism options, maps for dining and shopping and discounted tickets for the Great Clips IMAX and Minnesota Zoo. We recently bought more kiosks for the hotel to expand the exposure of the IMAX/Zoo offerings to more hotel residents. Leadership • Chamber President Ed Kearney has been re-elected by his peers to be Chairman of the Metropolitan Coalition of Chambers of Commerce, and is the first to serve a second term. This leadership brings great attention to Apple Valley as well as helps with future co-op opportunities with other CVB's and Chambers. • Chamber President Ed Kearney has spent nearly a decade representing Apple Valley on the critical Minnesota Zoo's Legislative Board. We have been part instrumental in helping secure $42 million for the Minnesota Zoo the last two years that paid for their Grizzly Coast and now the "Heart of the Zoo" $20 million project completed this past year. This funding helps expand the Zoo into a world class Zoo, thereby benefitting Apple Valley directly. Lee Ehmke, Minnesota Zoo Director recently cited the Chamber and Ed at his Chamber luncheon speaking engagement, for our continuing leadership and partnership with the zoo. Attachment: Apple Valley Convention & Visitor Bureau 2013 Budget 2013 Approved Budget by CVB Board & Chamber Board Approved 12/11/2012 � � � Income ; .�� # �•- : .•- Carryover from Previous Year 30000 16000 37000 Lodging Tax Expected 55000 75000 67000 Totallncome 85000 91000 104000 Expenses Apple Valley Chamber Visitor Ctr., Phones, Email, Web, Admin. & MarkE 14000 14000 14000 Website: Develop/Maintain/Update CVB Homepage 2500 5000 5000 Apps & Maps Penetration for Smartphones 2000 2000 2000 CTM Brochure Distribution (Des Moines to Duluth on 35) 3000 5000 6000 CTM Go Map (50,000 at 500 displays) 600 1000 3000 Media (Direct Mail, Online, MOA, 3rd Party Merchants (i.e. Airport, VIS) 11500 21500 19000 Explore MN Web AV, CVB Bundle & Other Special Deals 7000 7000 7000 Explore MN Star Tribune Community Listing Year'round (3 issues) March Color 4500 4500 4500 August Color 2500 3500 3500 November Color 4500 4500 4500 Postage 1500 1000 1000 Billboard, Hwy. 52 (co-op with IMAX & Hotels) 1500 0 Billboard, I-35 (production of sign $1,000) 5000 0 IMAX Continuous Ad (Received 2 for 1 special, ran June 09-Dec. 31, 09) 3000 3000 3000 Metro CVB Partnership 7500 7500 7500 Coupon Fulfillment Brochure (Redesign and Reprint 40,000 pieces) 3000 0 5000 800 Number 400 500 500 MN Zoo Presence in Expansion 1000 0 2000 Marketing Opportunities Reserve 5000 5000 5000 I-35 & Cedar Monument Allotment 5000 5000 10000 Event Welcome Ads 1000 1500 Total Expenses Subtotal Income less Expenses 85000 91000 104000 TOTAL 0 0 0 Oi$4 � � �r Ylblii •YY• i!i• City of App�e Va��ey MEMO Public Works Department TO: Mayor, City Council and City Administrator FROM: Todd Blomstrom, Public Works Director DATE: December 10, 2012 SUBJECT: RESOLUTION AUTHORIZING APPLICATION TO THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR AN ENGINEERING SPEED INVESTIGATION ALONG 147TH STREET WEST AND FLAGSTAFF AVENUE The City of Apple Valley recently completed two street construction projects to expand the City's collector street system: the extension of 147th Street from Flagstaff Avenue to Johnny Cake Ridge Road, and the extension of Flagstaff Avenue from 140th Street to 147th Street. One of the final remaining items for both projects is to consider potential modifications to the posted speed limits. Minnesota Statutes 169.14 outlines the process for modification of speed limits in excess of 30 mph. If the City wishes to establish speed limits in excess of 30 mph for these roadway segments, the City must provide a request to the Commissioner of Transportation to perform an engineering investigation for the purpose of determining what speed is reasonable and safe. If an investigation is conducted, the Department of Transportation may determine that the speed limits within the study area be lowered, remain the same, or be increased based on study criteria. The attached resolution authorizes staff to submit a request for an engineering investigation to the Minnesota Department of Transportation for the purposes of reviewing the current posted speed limits. If the City Council adopts the resolution, Public Works staff will coordinate the study process with MnDOT and inform the City Council of the results upon completion of the investigation. Recommended Action: Adopt Resolution Authorizing Application to the Minnesota Department of Transportation for an Engineering Speed Investigation for 147th Street West and Flagstaff Avenue. TAB:jcb Attachment CITY OF APPLE VALLEY RESOLUTION NO. 2012- RESOLUTION AUTHORIZING APPLICATION TO THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR AN ENGINEERING SPEED INVESTIGATION ALONG 147TH STREET WEST AND FLAGSTAFF AVENUE WHEREAS, the following public roadway segments are local streets under the jurisdiction of the City of Apple Valley, Minnesota, 1. 147th Street West from Galaxie Avenue to Johnny Cake Ridge Road 2. Flagstaff Avenue from County State Aid Highway (CSAH) 42 to 140th Street West WHEREAS, an engineering speed investigation is necessary to determine the appropriate posted speed limit for said roadway segments based on adjacent land use, traffic volumes, accident rates, and other technical factors; and WHEREAS, the City of Apple Valley wishes to request said engineering speed investigation pursuant to Minnesota Statutes, Section 169.14. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the City of Apple Valley hereby authorizes the Public Works Director to submit a formal request to the State of Minnesota, Commissioner of Transportation, for an engineering speed investigation of 147th Street West from Galaxie Avenue to Johnny Cake Ridge Road and Flagstaff Avenue from County State Aid Highway 42 to 140th Street West to assist in determining a reasonable and safe speed limit for said roadway segment. ADOPTED this 27th day of December, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela Gackstetter, City Clerk s � ... �C. T ..:.: .... .... City of App�e Va��ey MEMO Parks and Recreation Department 7100 - 147`� Street West Apple Valley, MN 55124 952 / 953-2300 TO: Mayor, City Council, and City Administrator FROM: Tom Adamini, Parks Superintendent DATE: December 27�', 2012 SUBJECT: Advertising for 2013-2014 Mowing and Trimming Services City Project Number 2013-109 Over the last 12 or 14 years the City of Apple Valley has contracted out several properties for mowing and trimming services. The current contract has expired and we are seeking authorization to once again advertise for this service. This contract would be in effect for calendar years of 2013 and 2014. Specifications are included for review. ACTION REOUESTED: Adopt resolution approving specifications and authorize staff to advertise for reeeipt of bids for the 2013-2014 Mowing and Trimming Services, City Project Number 2013-109. H.•Adamini: Quotes:2013:Mowing Autho.doc � 4 CITY OF APPLE VALLEY RESOLUTION NO. 2013- RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING RECEIPT OF SEALED BIDS FOR 2013-2014 MOWING AND TRIMMING SERVICES CITYPROJECTNUMBER 2013-109 WHEREAS, the Apple Valley City council has reviewed specifications for "2013 — 2014 Mowing and Trimming Services," copies of which are on file in the Off'ice of the City Clerk; and WHEREAS, the City Council believes that the interest of the City would be best served by receiving sealed proposals based on said specification. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. That the City Council hereby accepts and approves said specifications for the "2013 — 2014 Mowing and Trimming Services." 2. The City Clerk is hereby authorized to receive sealed bids at 2:00 p.m. on Tuesday, January 29, 2013. 3. The City Clerk shall cause an advertisement for said bids to be published twice in the official City newspaper not less than twenty-one (21) days prior to the date set for the opening of said bids. 4. Each and a11 of the terms and provisions as stated in said advertisement are hereby adopted as the terms and provisions in accordance with which said bids shall be received. ADOPTED this 27 day of December, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk , __ . � � ' � l Exhibit A ADVERTISEMENT FOR BIDS CITY OF APPLE VALLEY Sealed bids will be received until 2:00 p.m., Tuesday, January 29, 2013, at the office of the City Clerk, City of Apple Valley, 7100 147th Street West, Apple Valley, Minnesota 55124, at which time they will be publicly opened and read, for the purpose of securing a contractor to provide: 2013-2014 MOWING AND TRIMMING SERVICES CITYPROJECT NUMBER 2013-109 Each bid shall be accompanied by a certified check, cashier's check or a bid bond in the amount of five percent (5%) of the gross bid, made payable to the City of Apple Valley, which shall be forfeited to the City in the event the bidder fails to deliver the services. The City Council reserves the right to retain the deposits of the bidders for a period not to exceed 60 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of 30 days after the date and time set for the opening of bids. Specifications and proposal forms may be obtained from the Parks and Recreation Deparhnent at 14603 Hayes Road, Apple Valley, Minnesota 55124. Direct inquiries to Parks Superintendent Tom Adamini at 952-953-2420. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Dated this 27th day of December 2012. Pamela J. Gackstetter, City Clerk t . � SPECIFICATIONS 2013-2014 MOWING AND TRIMMING SERVICES CITY PROJECT NUMBER 2013-109 City of Apple Valley, Minnesota December 10, 2012 Item A. SCOPE OF WORK The following Specifications are for bids concerning Mowing and Trimming Services on City property for the City of Apple Valley. All interested parties should study the following requirements carefully before submitting a proposal. Failure to adhere to these specifications and performance standards may be cause for cancellation of this agreement. 1. PRIOR TO MOWING a. The Contractor shall inspect the areas and get acquainted with all physical conditions involved to avoid rutting of turf in areas where drainage is poor, and other possible damage. b. All trash and debris, including cans, rocks, bottles, and paper will be removed and properly disposed. 2. MOWING HEIGHT AND INTERVALS a. All grass shall be kept cut to a minimum height of 2" and a maximum height of 3-1/4". b. Turf areas shall be mowed at a minimum of seven day intervals to maintain specified height. Specified sites must be mowed twice within the seven day period. 3. CLIPPINGS a. Clippings will not be discharged and left on pavements and sidewalks. This material must be blown back onto turf areas. b. If excess clippings remain on the turf after mowing, they must be swept up and disposed. In all the cases the Park Superintendent will determine if excess clippings exist. c. Clinpin�s shall be ba�ged and removed at all times when mowin� the Aquatic Center site. 4. WEED TRIMMING a. Weed trimming around trees borders fence lines etc will be conducted at a minimum of everv other week. Mulch rings around trees shall be fluffed up and turned as part of the triinming process. The contractor shall not leave the site without reviewing potential trimming needs. b. Chemical trimming with the use of a Glysophate product will be acceptable. c. Chemical trimming will not be pernutted at the Lebanon Cemetery Site S-1(2013-109) _ _ _ _ _ _ � _ d 5. FIRE STATIONS 1. 2 AND 3 SITES a. Spring and Fall herbicide application, with the Spring application times between May 1 S` and May 15` and the Fall application timed between September l and September 15` Speedzone Herbicide shall be used in this application. b. Monthly weeding of shrub beds and cracks in asphalt. Round-Up products may be used in completion of this task. This work shall be completed in conjunction with the first mowing of each month, for the duration of the contract. c. Fertilization of the Fire Stations will also be required using a zero phosphorous product with a ration roughly 2 to 1 for nitrogen to potassium. These applications shall occur the first weeks of May, July, and September. 6. LIOUOR STORE 2 AND 3 SITES a. Spring and Fall herbicide application shall be conducted in conjunction with the herbicide applications of the Fire Stations, with the Spring application times between May 1 S and May 15� and the Fall application timed between September ls and September 15`�'. Speedzone Herbicide shall be used in this application. b. See E�ibit A attachment for Liquor Store 2 pictometry. 7. LEBANON CEMETERY SITE a. A special provision section is included with this package for Lebanon Cemetery. Specifications and expectations vary from the primary document. The special provision language in all cases shall serve as the agreement language for this property. b. Street Superintendent will serve as the primary contact for this site. c. See separate Special Provisions document relating to Lebanon Cemetery Site. S-2 (2013-109) .� l SPECIAL PROVISIONS 2013-2014 MOWING AND TRIMMING SERVICES Project Number 2013-109 CITY OF APPLE VALLEY December 10, 2012 These Special Provisions modify, amplify, amend, or void the applicable materials and sections of the General Conditions and the Project specifications and shall apply with equal force as said General Conditions of Contract. It is the intent of these specifications to detail the requirements for mowing and trimming maintenance on selected City of Apple Valley properties for the calendar years of 2013 and 2014. Item A. GENERAL Acreages are approximate measurements for bidding purposes is the responsibility of the Contractor. A tour of the sites can be arranged with the Parks Superintendent or his designee. Each site will be quoted individually as per annual cost. The Owner reserves the right to reject any or all individual sites. The Proposal Form is included with this package. The Owner reserves the right to terminate the agreement in its entirety or portions thereof at any time at the sole discretion of the Owner (City of Apple Valley). 1. REOUIREMENTS a. Responsible Contractors must provide, within their bid package, a narrative describing their company and experiences, as well as equipment. This information will be used as an indicator if the firm has the capability of ineeting Owner's needs. Contractors not providing this information will be rejected. b. Insurance, Payment Bond and Performance Bond — see Item 5 of the Agreement Form. 2. CONTRACT TIME AND SPECIFIED DATES OF COMPLETION a. This section establishes the Contract Time for the Project. 1. 2013 Dates: Apri129, 2013 through October 18, 2013 2. 2014 Dates: Apri128, 2014 through October 17, 2014 3. Final Completion Date: All work included in this contract shall be completed on or before October 17, 2014 SP-1-1 (2013-109) � _ . _ _ t SPECIAL PROVISIONS 2013 - 2014 LEBANON CEMETERY MOWING AND TRIMMING SERVICES, FERTILIZING, AND WEED CONTROL Project Number 2013-109 CITY OF APPLE VALLEY December 10, 2012 Item A. GENERAL These Special Provisions detail the mowing, trimming, fertilizing, and weed control services at Lebanon Cemetery. Provisions contained herein shall be in addition to the specifications contained within the bid documents. Contractor shall supply all equipment, materials and labor necessary to provide mowing, trimming, fertilizing, and weed control services on approximately nine acres at Lebanon Cemetery of Apple Valley. The cemetery is located at the southeast corner of Pilot Knob Road and Dakota County Road 42. Bidders shall have a minimum of 5-years experience in commercial lawn maintenance and provide a list and description of available equipment upon request. All perspective bidders shall perform a thorough inspection of the cemetery property and familiarize themselves with the general operation of the cemetery prior to submitting a bid. Additional compensation for work items related to existing field conditions, cemetery operations or future burial monuments installed during the course of this contract will not be provided. The City reserves the right to remove the bid item LEBANON CEMETERY as listed on the Proposal Form from the contract award at the sole discretion of the City. Item B. DETAILED SPECIFICATION OF WORK TO BE COMPLETED The bid item LEBANON CEMETERY as listed on the Proposal Form shall include all labor, equipment, materials and labor to perform the following items by the Contractor. 1. Conduct a pre-season planning meeting with the Director of Public Works, or his designee, to discuss mowing schedules, cemetery operations and other details related to coordinating work within the cemetery. This meeting shall be conducted at the Cemetery property and include a joint review of field conditions to document pre-existing damage to monuments, markers, structures, landscaping and other items within the site. SP-2-1(2013-109) 4 � 2. Coordinate work schedules on a weekly basis to avoid mowing and fertilizing operations during scheduled burials and internments. Work under this contract for the Lebanon Cemetery shall be conducted between 7:00 am and 6:00 pm, Monday through Friday. 3. Conduct mowing of lawn areas at seven-day intervals to maintain desired height. 4. Cut grass to a height between 2 and 2%2 inches using appropriate machinery and equipment typically used for commerciallawn care work. 5. Remove and dispose of all trash and debris, including cans, rocks, bottles, and paper prior to lawn mowing. 6. Clear all walks and roadways of grass clippings and debris after mowing. Clippings shall not be discharged and left on sidewalks or roadways. 7. Pick up and properly dispose of excess clippings remaining on lawn area after mowing. 8. Trim around trees, markers and monuments, borders, fencelines, posts and other above-ground items during each and every mowing interval. 9. Sweep or blow excessive grass clippings from monuments and markers. 10. Apply fertilizer in May and September using slow release formula 24-0-12 following manufacturers' recommendations. 11. Apply weed control consisting of two applications with the first application being applied between April 25 and May 25 and second in September using Speed Zone (or approved equal) herbicide in both applications. 12. Mowing work within the Cemetery may not be subcontracted without prior written authorization from the Director of Public Works. Item C. PROTECTION OF PUBLIC AND PROPERTY The Contractor shall be responsible for implementing safety measures to protect the safety of the public, visitors to the Lebanon Cemetery, employees and avoid damage to existing monuments, markers, landscaping and other existing items. The Contractor shall repair or replace items that are damaged by the Contractor's equipment or personnel at the Contractor's expense. The Contractor shall obtain prior authorization before repairing damage to monuments, markers, landscaping or other items damaged by their operations. The City reserves the right to terminate this portion of the contract if the Contractor's operations result in reoccurring incidents of property damage. SP-2-2 (2013-109) � 1 ��� ���� ����� ���• ��� � A e pp Va e Y Contract Documents For 2013-2014 MOWING AND TRIMMING SERVICES City of Apple Valley, Minnesota AV Project 2013-109 December 10, 2012 , � TABLE OF CONTENTS 2013-2014 MOWING AND TRIMMING SERVICES City Project Number 2013-109 Introductory Information Table of Contents TG1 Procurement Requirements Information for Bidders ITB to ITB Proposal Form P-1 to P-3 Technical Specifications Specification S-1 to S-2 Contracting Requirements Special Provisions SP-1-1 Special Provisions —Lebanon Cemetery SP-2-1 to SP-2-2 General Conditions GC-1 to GC-16 Agreement Form A-1 to A-4 Project Items Exhibit A — Liquor Store #2 TC-1 i 1 INFORMATION FOR BIDDERS 2013-2014 MOWING AND TRIMMING SERVICES City Project Number 2013-109 1. DESCRIPTION OF WORK This project generally consists of supplying certain specified materials, equipment, and labor for Mowing and Trimming Services on City property within the City of Apple Valley. 2. CONTRACT DOCUMENTS Contract Documents consist of those documents as listed in Section 1 of the General Conditions of the Contract. The form of these documents is on file in the office of the City Clerk. 3. TIME SCHEDULE AND COMPLETION DATES A. Work under this contract shall commence April 29, 2013. All work under this contract shall be completed in accordance with the dates stated in the Special Provisions of the Contract Documents. B. The Project will be considered complete when all work called for in the Contract Documents has been completed and approved by the Engineer. 4. WITHDRAWAL OF BIDS Proposals may be withdrawn any time previous to the time stated for opening bids, but no Proposal may be withdrawn for a period of thirty (30) days after the time indicated for the receipt of bids. 5. EXAMINATION OF SITE AND CONTRACT DOCUMENTS A. Bidders are expected to make a thorough examination of the site of the work prior to submitting a proposal. It is the Bidder's responsibility to become familiar with obstacles which may be encountered and other local conditions affecting the execution of the work. B. Bidders must satisfy themselves by personal examination of the Contract Documents and by such other means as they prefer as to the accuracy of the quantities of work to be performed, the intent of the Contract Documents, and the requirements of the Owner and Engineer. The successful Bidder must employ, as far as possible, the methods and means of carrying out the work in a manner as will not cause any interference or interruption with the work of others or the operations of the Owner. C. Submission of a Proposal shall be considered prima facia evidence that the Bidder is thoroughly familiar with the conditions to be encountered, the character, quality and quantity of the work to be performed, materials to be furnished, and the requirements of the Contract Documents. After the opening of the Proposal by the Owner, no claim for additional compensation due to the Bidder's misunderstanding of the intent of the Owner or the Contract Documents nor failure to acquire information necessary for the intelligent preparation of the Proposal will be entertained. 6. INADEQUACIES, OMISSIONS, CONFLICTS A. Any verbal information obtained from or statement made by representatives of the Owner upon examination of the Contract Documents or the site, for the purpose of bidding, which apparently corrects or in any way amends the Contract Documents, shall be invalid. The Owner will not be responsible for such verbal information or statements. ITB-1 y \ B. Bidders shall bring any inadequacies, omissions, or conflicts to the Engineer's attention at least seven (7) days before the due date for bids. Prompt clarification will be supplied to all Bidders by Addenda, and each Addendum shall be acknowledged on the Proposal Form. Failure to so request clarification of any inadequacy, omissions, or conflicts will not relieve the Bidder of responsibility. The signing of the Proposal will be considered as implicitly denoting that the Bidder has a thorough comprehension of the full intent and scope of the Contract Documents. 7. MODIFICATIONS TO CONTRACT DOCUMENTS A. The Owner reserves the right to modify the Contract Documents at any time prior to the opening of bids, subject to the following conditions: B. Such modification will be made by Addendum, duly numbered and dated. C. Such Addendum will be attached to all Proposals issued after the date of the Addendum and shall rexnain a part thereof. D. If Addenda are issued, Bidders shall acknowledge receipt thereof on the Proposal Form. Failure to do so may be cause for rejection of any such Proposal. 8. SUBSTITUTION OF MATERIALS Should a Bidder propose to substitute materials other than those specified herein, said materials must be found acceptable and approved by the Engineer, in writing, eight (8) calendar days prior to the opening of bids. Otherwise, it is understood that the Bidder shall furnish materials exactly as specified. 9. QUALIFICATIONS OF BIDDERS The Owner may require Bidders to submit evidence that they have practical knowledge of the particular work bid upon and that they have the financial resources to complete the proposed work. Failure on the part of any Bidder to carry out previous contracts satisfactorily, or his/her lack of experience or equipment necessary for the satisfactory and timely completion of this Project, may be deemed sufficient cause for disqualification of said Bidder. The Owner reserves the right to reject any bid where an investigation of the available evidence or information does not satisfy the Owner that the Bidder is qualified to carry out properly the terms of the Contract. The Owner's decision as to qualifications of the Bidder shall be final. 10. PROPOSAL FORM A. Bids shall be submitted upon the Proposal Forms attached hereto, directed to the City Clerk of the City of Apple Valley, securely sealed as to prevent opening without detection, and endorsed on the wrapper with the title "Bid for Contract 2013-109: 2013-2014 MOWING AND TRIMMING SERVICES " together with the Bidder's name. B. The bid prices indicated on the Proposal Form shall be in decimal form; i.e. dollars and cents. Errors in extension may be corrected by the Owner providing that the unit cost is legible and can be definitely identified as complying with the item specified. The total bid shall be adjusted in accordance with approved extension corrections. It is the responsibility of the Bidder to submit a neat, accurate and complete Proposal Form if his/her bid is to be accepted. All computations in a unit price bid will be checked by the Engineer and corrections made where any error in computation is found. The corrected figures will then be used to determine the total of that bid. D. Bidders shall not stipulate on the Proposal Form any additional conditions regarding the construction or Award of Contract. ITB-2 � ' E. The Bidder, when signing the Proposal Form, shall provide the full name and business address of each Bidder. The Form shall be signed in the space provided therefor by written signature of the person or persons properly authorized to sign the Proposal Form. F. BIDDERS ARE CAUTIONED TO CHECK THEIR PROPOSAL FORMS CAREFULLY BEFORE SUBMITTING, AS NO CLAIM FOR ERROR IN THE SAME WILL BE CONSIDERED AFTER THE BIDS HAVE BEEN OPENED. 11. BID AND CONTRACT SECURITY A. A certified check or satisfactory Bid Bond payable to the Owner in an amount of not less than five (5) percent of the bid shall accompany each bid as a guarantee that, if the bid is accepted, the Bidder will execute and file the Contract, Performance Bond, Public Contractors (Payment) Bond, and Insurance Certificate(s), as required by the Contract Documents, within ten (10) days after receipt of the Notice of Award of Contract by Owner. B. The Bidder to whom a Contract is awarded will be required to furnish the Payment Bond and Performance Bond to the Owner, each in an amount equal to one hundred percent (100%) of the Contract Price. The bonds shall be executed by a Surety Company authorized to do business in the State of Minnesota and acceptable as Surety to the Owner. 12. LABOR AND WAGES Each Contractor or Subcontractor performing work on this Project shall comply in all respects with all laws governing the employment of labor, Social Securiry, Unemployment Insurance, Occupational Safety and Health (OSHA), etc., of both the State and Federal Government. 13. RIGHT TO ACCEPT OR REJECT BIDS A. The Owner reserves the unqualified right, in its sole and absolute discretion, to reject all bids or anybid, ar to waive any irregularities in any bid, or to accept any bid which will best serve the interests of the Owner. B. A bid which has not been prepared according to the instructions contained herein or which does not contain a unit price which is both adequate and reasonable for each and every item named in the Proposal Form may be considered irregular and subject to rejection. Unbalanced bids are subject to rejection. C. More than one Proposal from an individual, firm, partnership, or corporation under the same or different names will not be considered. Evidence that any Bidder is interested in more than one Proposal for the same work will constitute cause for rejection of all such proposals. Collusion between the Bidders will be considered sufficient cause for the rejection of all bids so affected. D. A bid Proposal may be disqualified because of errors in computation which cannot be resolved by mathematical correction without resorting to information not contained in the bids. 14. AWARD OF CONTRACT A. The bid opening is open to the public on Parks projects, but no awards will be made immediately upon opening bids nor until the bids opened can be tabulated, scheduled, and reviewed by the Owner. The Contract shall be awarded by Owner action, and the Bidder to whom award of Contract is made will be notified at the earliest possible date. C. Award of Contract will be made to the lowest responsible Bidder(s) as determined by the Owner. On unit price contracts, the low bid shall be the correct total of unit prices extended by the estimated number of units set forth in the Proposal Form. On lump sum contracts, the low bid shall be the low base bid. Contract award to the lowest responsible bidder shall be based on, but is not necessarily limited to, the ITB-3 � . factors of price and the Owner's evaluation of the vendor's ability to service the City. D. The Owner reserves the right to reject any or all bids and to waive minor items, informalities, defects or technicalities in any or all bids. ITB-4 e PROPOSAL 2013 - 2014 MOWING AND TRIMMING SERVICES Project Number 2013-109 Bid Opening: January 29, 2013 Bid Addressed To: Pamela J. Gackstetter, City Clerk Apple Valley Municipal Center 7100 -147'" Street West Apple Valley, Minnesota 55124 Bid From: To the City of Apple Valley: The undersigned, having studied the specifications, proposes to furnish services in accordance with the specifications dated December 10, 2012 on file with the City Clerk, including delivery and any taxes, as follows: ANNUAL COST 1.) Pipeline easement from County Road 42 to Newell Park, including Newell Park $ - Approximately 5 acres 2.) Long Lake Park $ - Approximately 5.44 acres 3.) Trail edges located between Eveleth and Euclid $ 4.) Outlot located between 12996 and 13006 Euclid $ 5.) Outlot located between 5642 and 5546 - 133rd Street Court $ 6.) Belmont, Chaparral and Heritage Parks $ - Approximately 7 acres 7.) Duchess, Greening, and Pennock Parks � - Approxirriately 9 acres 8.) Palomino & Well #3 $ - Approximately 3.67 acres 9.) Aquatic Center (within fenced area and entire front of the building adjacent to parking lot, as well as island in the parking lot) twice weekly - to be bagged and removed, $ - Approximately 3/a acre P-1 (2013-109) . , ANNUAL COST 10.) Longridge Park (including area in and around the water tower) $ - Approxixnately 7.25 acres 1 l.) Lac Lavon $ - Approximately 5.69 acres 12.) Keller Park $ - Approximately 3.46 acres 13.) Cobblestone Lake Park Phase #1 &#2 twice weekly $ - Approximately 16 acres 14.) Fire Station #1, $ - Approximate'/z acre. The mowing at this site is limited to - the front of the facility, the adjacent park is maintained by the City. 15.) Fire Station #2, $ Approximately 1.29 acres, must be mowed twice within seven calendar days. 16.) Fire Station #3, $ - Approximately 2.21 acres, must be mowed twice within seven calendar days. 17.) Legacy Park (Founders Lane east of Galaxie Avenue) $ - Approximately 1 acre, must be mowed twice weekly. 18.) Kelley Park (Fortino Street east of Galaxie Avenue), $ - Approximately 2.31 acres, must be mowed twice weekly. 19.) Lebanon Cemetery (County Road 42 and Pilot Knob Road), $ - Approximately 10 acres 20.) Liquor Store #3 (157'�' Street and Pilot Knob Road), $ - Approximately .62 acres, must be mowed twice weekly. 21.) Liquor Store #2 (Pilot Knob Road and 141 Street) $ - See E�ibit A TOTAL ANNUAL COST $ ALTERNATE TO BASE BID L Cobblestone Park (cost per additional acreage) $ - Acres to be determined P-2 (2013-109) . ` Addendum: Receipt of the following Addenda to the Contract documents and their costs being incorporated into the Bid is acknowledged (give Addendum numbers): Addendum No. Date Addendum No. Date Any deviation from the specifications must be clearly noted and the attached questionnaire completed; otherwise, it will be considered that this bid is in strict compliance, and bidder will be held accountable for all items. Accompanying this bid is a bidder's bond, certified check or cash deposit in the amount of DOLLARS CENTS ($ ) which is at least five percent (5%) of the amount of my/our bid made payable to the City of Apple Valley, Minnesota, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and/or bond within fifteen (15) days after its submittal to me/us. In submitting this bid it is understood the City retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the contract ta the best interest of the City. In submitting this bid it is understood that payment will be by cash or check upon delivery and acceptance. It is understood that bids may not be withdrawn for a period of sixty (60) days after the date and time set for the opening of bids. It is understood that the City reserves the right to retain the certified check or bond of the three lowest bidders, as determined by the City, for a period not to exceed 60 days after the date set for the opening of bids. DATE: Respectfully submitted, State whether bidder is Individual Firm Name Partnership Names of Partners: B Signature Corporation State in which incorporated Printed Name of Signer Title Address Telephone H.�Adamini: Quotes:20013::Mowingand Trimming proposal form.doc P-3 (2013-109) _ __ SPECIFICATIONS 2013-2014 MOWING AND TRIMMING SERVICES CITY PROJECT NUMBER 2013-109 City of Apple Valley, Minnesota December 10, 2012 Item A. SCOPE OF WORK The following Specificarions are for bids concerning Mowing and Trimming Services on City property for the City of Apple Valley. All interested parties should study the following requirements carefully before submitting a proposal. Failure to adhere to these specifications and performance standards may be cause for cancellarion of this agreement. 1. PRIOR TO MOWING a. The Contractor shall inspect the areas and get acquainted with all physical conditions involved to avoid rutting of turf in areas where drainage is poor, and other possible damage. b. All trash and debris, including cans, rocks, bottles, and paper will be removed and properly disposed. 2. MOWING HEIGHT AND INTERVALS a. All grass shall be kept cut to a minimum height of 2" and a maximum height of 3-1/4". b. Turf areas shall be mowed at a minimum of seven day intervals to maintain specified height. Specified sites must be mowed twice within the seven day period. 3. CLIPPINGS a. Clippings will not be discharged and left on pavements and sidewalks. This material must be blown back onto turf areas. b. If excess clippings remain on the turf after mowing, they must be swept up and disposed. In all the cases the Park Superintendent will determine if excess clippings exist. a Clinnin�s shall be ba��ed and removed at all times when mowin� the Aquatic Center site. 4. WEED TRIMMING a. Weed trimming around trees, borders, fence lines etc will be conducted at a minimum of everv other week. Mulch rings around trees shall be fluffed up and turned as part of the trimming process. The contractor shall not leave the site without reviewing potential trimming needs. b. Chemical trimming with the use of a Glysophate product will be acceptable. c. Chemical trimmin� will not be pernutted at the Lebanon Cemeterv Site S-1(2013-109) , . 5. FIRE STATIONS 1, 2 AND 3 SITES a. Spring and Fall herbicide application, with the Spring application times between May 1 St and May 15` and the Fall application timed between September 1 S` and September 15` Speedzone Herbicide shall be used in this applicarion. b. Monthly weeding of shrub beds and cracks in asphalt. Round-Up products may be used in completion of this task. This work shall be completed in conjunction with the first mowing of each month, for the duration of the contract. c. Fertilization of the Fire Stations will also be required using a zero phosphorous product with a ration roughly 2 to 1 for nitrogen to potassium. These applications shall occur the first weeks of May, July, and September. 6. LIOUOR STORE 2 AND 3 SITES a. Spring and Fall herbicide application shall be conducted in conjunction with the herbicide applications of the Fire Stations, with the Spring application times between May 1 S and May 15�', and the Fall application timed between September 1 S and September 15�'. Speedzone Herbicide shall be used in this application. b. See E�ibit A attachment for Liquor Store 2 pictometry. 7. LEBANON CEMETERY SITE a. A special provision section is included with this package for Lebanon Cemetery. Specifications and expectations vary from the primary document. The special provision language in all cases shall serve as the agreement language for this property. b. Street Superintendent will serve as the primary contact for this site. c. See separate Special Provisions document relating to Lebanon Cemetery Site. 5-2 (2013-109) , SPECIAL PROVISIONS 2013-2014 MOWING AND TRIMMING SERVICES Project Number 2013-109 CITY OF APPLE VALLEY December 10, 2412 These Special Provisions modify, amplify, amend, or void the applicable materials and secrions of the General Conditions and the Project specifications and shall apply with equal force as said General Conditions of Contract. It is the intent of these specifications to detail the requirements for mowing and trimming maintenance on selected City of Apple Valley properties for the calendar years of 2013 and 2014. Item A. GENERAL Acreages are approximate measurements for bidding purposes is the responsibility of the Contractor. A tour of the sites can be arranged with the Parks Superintendent or his designee. Each site will be quoted individually as per annual cost. The Owner reserves the right to reject any or all individual sites. The Proposal Form is included with this package. The Owner reserves the right to terminate the agreement in its entirety or portions thereof at any time at the sole discretion of the Owner (City of Apple Valley). 1. REOUIREMENTS a. Responsible Contractors must provide, within their bid package, a narrarive describing their company and experiences, as well as equipment. This information will be used as an indicator if the firm has the capability of ineeting Owner's needs. Contractors not providing this information will be rejected. b. Insurance, Payment Bond and Performance Bond — see Item 5 of the Agreement Form. 2. CONTRACT TIME AND SPECIFIED DATES OF COMPLETION a. This section establishes the Contract Time for the Project. 1. 2013 Dates: Apri129, 2013 through October 18, 2013 2. 2014 Dates: Apri128, 2014 through October 17, 2014 3. Final Completion Date: All work included in this contract shall be completed on or before October 17, 2014 SP-1-1 (2013-109) � . SPECIAL PROVISIONS 2013 - 2014 LEBANON CEMETERY MOWING AND TRIMMING SERVICES, FERTILIZING, AND WEED CONTROL Project Number 2013-109 CITY OF APPLE VALLEY December 10, 2012 Item A. GENERAL These Special Provisions detail the mowing, trimming, fertilizing, and weed control services at Lebanon Cemetery. Provisions contained herein shall be in addition to the specifications contained within the bid documents. Contractor shall supply all equipment, materials and labor necessary to provide mowing, trimming, fertilizing, and weed control services on approximately nine acres at Lebanon Cemetery of Apple Valley. The cemetery is located at the southeast corner of Pilot Knob Road and Dakota County Road 42. Bidders shall have a minimum of 5-years experience in commercial lawn maintenance and provide a list and description of available equipment upon request. All perspective bidders shall perform a thorough inspection of the cemetery property and familiarize themselves with the general operation of the cemetery prior to submitting a bid. Additional compensation for work items related to existing field conditions, cemetery operations or future burial monuments installed during the course of this contract will not be provided. The City reserves the right to remove the bid item LEBANON CEMETERY as listed on the Proposal Form from the contract award at the sole discretion of the City. Item B. DETAILED SPECIFICATION OF WORK TO BE COMPLETED The bid item LEBANON CEMETERY as listed on the Proposal Form shall include all labor, equipment, materials and labor to perform the following items by the Contractor. 1. Conduct a pre-season planning meeting with the Director of Public Works, or his designee, to discuss mowing schedules, cemetery operations and other details related to coordinating work within the cemetery. This meeting shall be conducted at the Cemetery property and include a joint review of field conditions to document pre-existing damage to monuments, markers, structures, landscaping and other items within the site. SP-2-1 (2013-109) t 2. Coordinate work schedules on a weekly basis to avoid mowing and fertilizing operations during scheduled burials and internments. Work under this contract for the Lebanon Cemetery shall be conducted between 7:00 am and 6:00 pm, Monday through Friday. 3. Conduct mowing of lawn areas at seven-day intervals to maintain desired height. 4. Cut grass to a height between 2 and 2%2 inches using appropriate machinery and equipment typically used for commercial lawn care work. 5. Remove and dispose of all trash and debris, including cans, rocks, bottles, and paper prior to lawn mowing. 6. Clear all walks and roadways of grass clippings and debris after mowing. Clippings shall not be discharged and left on sidewalks or roadways. 7. Pick up and properly dispose of excess clippings remaining on lawn area after mowing. 8. Trim around trees, markers and monuments, borders, fencelines, posts and other above-ground items during each and every mowing intervaL 9. Sweep or blow excessive grass clippings from monuments and markers. 10. Apply fertilizer in May and September using slow release formula 24-0-12 following manufacturers' recommendations. 11. Apply weed control consisting of two applications with the first application being applied between April 25 and May 25 and second in September using Speed Zone (or approved equal) herbicide in both applications. 12. Mowing work within the Cemetery may not be subcontracted without prior written authorization from the Director of Public Works. Item C. PROTECTION OF PUBLIC AND PROPERTY The Contractor shall be responsible for implementing safety measures to protect the safety of the public, visitors to the Lebanon Cemetery, employees and avoid damage to existing monuments, markers, landscaping and other existing items. The Contractor shall repair or replace items that are damaged by the Contractor's equipment or personnel at the Contractor's expense. The Contractor shall obtain prior authorization before repairing damage to monuments, markers, landscaping or other items damaged by their operations. The City reserves the right to terminate this portion of the contract if the Contractor's operations result in reoccurring incidents of property damage. SP-2-2 (2013-109) _ . . _ _ ___ _ _ __ _ _ _ _ c _. y GENERAL CONDITIONS CITY OF APPLE VALLEY, MINNESOTA INDEX ' PAGE SECTION 1 - ENGINEER-OWNER- CONTRACTOR RELATIONS GC-1 SECTION 2 - AVAILABILTTY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS � GC-3 SECTION 3 - MATERIALS, EQUII'MENT & WORKMANSHIP GC-4 SECTION 4 - INSURANCE, LEGAL RESPONSIBILITY, PUBLIC SAFETY & MISCELLANEOUS GC-7 SECTION 5 - MEASUREMENT & PAYMENT GC-9 SECTION 6 - CHANGES IN THE WORK GC-12 SECTION 7 - CHANGE OF CONTRACTOR'S COMPENSATION GC-13 SECTION 8 - SUSPENSION OF WORK & TERMINATION GC-14 SECTION 9 - GENERAL GC-16 s � SECTION 1 ENGINEER-OWNER-CONTRACTOR RELATIONS 1.1 DEFII�TITIONS AND DESIGNATION OF PARTIES Owner: The City of Apple Valley, Minnesota, acting through the City Council. �ity: The City of Apple Valley, Minnesota, Owner and party to the contract. Engineer: The Parks and Recreation Director for the City of Apple Valley. Whenever in this contract the word Engineer is used, it shall be understood as referring to the Parks and Recreation Director acting personally or through any assistance duly authorized for such act by the Parks and Recreation Director. Contractor: The bidder making a contract with the Owner to undertake work under these Contract Documents. Work: Execution of duties and tasks, furnishing of labor, materials and miscellaneous associated items; and constructing and installing improvements and equipment — all as described in the Contract Documents. Project: The sum of all of the work necessary to complete the Contract. Contract Time: The intermediate and fmal completion dates as established in the Special Provisions. Contract Documents: The Contract Docuxnents shall include the following documents: A. The Contract B. Information for Bidders C. General Conditions D. Special Provisions E. Technical Specifications F. Proposal Form G. Payment Bond H. Performance Bond I. Certificate of Insurance J. Addendum (s) K. Notice of Award L. Change Orders M. Field Orders N. Drawings 1.2 ASSIGNMENT OF CONTRACT The Contractor shall neither sublet, sell, transfer, assign or othenvise dispose of the Contract or any portion thereof, or of its right, title or interest therein, or its obligations thereunder, nor, if this Contractor is a corporate entity, sublet, sell, transfer or assign a majority of the outstanding shares of stock in the corporation, without prior written consent of the Owner. In case written consent is given, the Contractor will be pernutted to sublet a portion of the contract or corporate stock thereof, but shall perform, with its own organization, Work amounting to not less than 50 percent of the total original contract cost. No subcontracts or transfer of contract or corporate stock shall release the Contractor of its liability under the Contract or Bonds. 1.3 SEPARATE CONTRACTS The Owner may let other contracts in connection with the Work of the Contractor. The Contractor sha11 cooperate with other contractors with regazd to storage of materials and execution of their Work. It sha11 be the Contractor's responsibility to inspect all wark by other contractors affecting its Work and to report to the Engineer any irregularities which will not pernut it to complete its work in a satisfactory manner. Contractor's GC-1 City of Apple Valley failure to notify the Engineer of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive its Work, The Contractor sha11 not be responsible for defects of wluch it could not have known, which develop in the work of others after the Work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Engineer ixnmediately any difference between completed work by others and the Drawings. 1.4 SUBCONTRACTS Nothing herein shall create any legal relationship between the Owner or Engineer and any subcontractor, and no subcontractor shall have any rights under this Contract with the Owner. The Contractor's award of subcontracts shall be subject to the following: 1.4.1 Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of any subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the consent of the Owner. Contractor sha11 not employ any subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute against whom Owner or Engineer may have reasonable objection. A subcontractor or other person or organization identified in writing to Owner and Engineer by Contractor prior to the Notice of Award and not objected to in writing by Owner or Engineer prior to the Notice of Award will be deemed acceptable to Owner and Engineer. Acceptance of any subcontractor, other person or organization by Owner or Engineer shall not constitute a waiver of any right of Owner or Engineer to reject defective Work. If Owner or Engineer after due invesrigation has reasonable objection to any subcontractor, other person or organization proposed by Contractor after the Notice of Award, Contractor shall submit another acceptable subcontractor at no change in the Contract Price. Contractor shall not be required to employ any subcontractor, other person or organization against whom Contractor has reasonable objection. 1.4.2 Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract Documents shall create any contractual relationship between Owner or Engineer and any subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payrnent of any moneys due any subcontractor or other person or organization, except as may otherwise be required by law. Owner or Engineer may fumish to any subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done. 1.43 All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which spec�cally binds the subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by Paragraph 4.1. 1.5 ORAL CONTRACTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Docuxnents shall be held to be waived or modified by reason of any act whatsoever, other than by a defuutely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 1.6 NONDISCRIMINATION IN EMPLOYMENT For Work under this Contract the Contractor must agree: A. That in the hiring of common or skilled labor for the performance of any Work under this Contract or any subcontract hereunder, no contractor, material supplier or vendor shall, by reason of race, creed, GG2 City of Appfe Vailey ! color or national origin, discriminate against the person or persons who are qualified and available to perform the Work to which such employment relates; B. That no Contractor, material supplier or vendor shall, in any manner, discrimniate against or intimidate or prevent the employment of any person or persons, or on being hired, prevent or conspire to prevent any person or persons from the performance of the Work under this Contract on account of race, creed, color or national origin. C. Violation of this section shall be cause for cancellation or ternunation of this Contract. 1.7 DECISIONS ON DISAGREEMENTS 1.7.1 Claims, disputes, disagreements, or other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the inteipretation of the Contract documents shall be referred initially to the Engineer for decision which he will render in writing within a reasonable time. 1.7.2 Any claim dispute, disagreement or other matter that has been refened to the Engineer, except any which has been waived by the making or acceptance of the final payment, shall be subject to the Dispute Resolution provisions under Paragraph 1.8 below. 1.8 DISPIJTE RESOLLJTION/VENUE CLAIMS 1.8.1 All claims, disputes and matters in questions arising out of, or relating to, this Contract or the breach thereof, except for claims which have been waived by the Contractor, by the making or acceptance of fmal payment, shall be brought in the Dakota County District Court, Dakota County, Minnesota. Provided, however, that the Contractor must commence any action within one (1) year of its accrual. Provided further that Contractor waives its right to pursue any claim upon its acceptance of final payment. Notwithstanding anything contained herein to the contrary, Owner may pursue, any claim arising out of or relating to this Contract, within the applicable statues of lixnitarion. 1.8.2 This Contract is accepted in and shall be consUued in accordance with the laws of the State of Minnesota. 1.8.3 The Contractor shall carry on the Work and maintain the progress schedule during any District Court proceeding, unless otherwise ageed by him and the Owner in writing. SECTION 2 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 21 LANDS BY OWNER The Owner shall provide, not later than the dates stipulated by the Contract, the lands shown on the Drawings upon which the Work under the Contract is to be performed. The Owner shall also provide rights-of-way for access thereto. Any unreasonable delay in furnishing these lands by the Owner shall be deemed proper cause for adjustment in the time of completion. The Contractor shall not store materials or equipment on the surface of public streets between the hours of 10:00 pm and 7:00 am for streets that are open to traffic, unless specifically authorized in writing by the Engineer. 2.2 LANDS BY CONTRACTOR Any additional land and access thereto not shown on the Drawings that may be required for temporary construction facilities or for storage of materials and equipment shall be provided by the Contractor with no liability to the Owner. The Contractor shall confine its apparatus and storage of materials and operation of its workmen to those areas described in the Drawings and Technical Specificarions and such additional areas which it may provide at its expense. GC-3 City of Apple Valley , 2.3 PRIVATE PROPERTY The Contractor shall not enter upon private property for any purpose without obtaining pernussion from the Owner thereof, and it shall be responsible for the preservation of a11 public property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. The Contractor shall protect carefully from disturbance or damage all monuments and properiy marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. 2.4 SURVEYS The Engineer shall establish all base lines for the location of the principal component parts of the Work together with a suitable number of benchmarks adjacent to the Work. The Contractor shall be responsible for carefully preserving bench marks, reference points and stakes, and, in the case of destruction thereof resulting from its negligence or otherwise, the Contractor sha11 be charged with the expense of the Owner's Engineer for re-establishing said conirol and shall be responsible far any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and stakes. 2.5 UTILITIES The Contractor shall be solely responsible for verifying the exact locarion of all utilities. The Contractor shall have sole responsibility for protecting all existing utilities in the Project area during the entire period of Project. 2.6 INVESTIGATIONS The Contract Documents may reference reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting the cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. 2.7 ITNUSUAL CONDITIONS Contractor shall promptly notify the Engineer in writing of any subsurface ar latent physical conditions at the site or in an existing structure differing materially from those indicated or refened to in the Contract Documents. Engineer will promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Within a reasonable time thereafter, Owner shall obtain the necessary additional investigations and tests and furnish copies to the Engineer and Contractor. If Engineer fmds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended m the Contract Documents, and which could not reasonably have been anticipated by Contractor, a Change Order may be issued incorporating the necessary revision. SECTION 3 MATERIALS, EOUIPMENT AND WORKMANSHIP 3.1 MATERIALS AND EOUIPMENT FURTIISHED BY CONTRACTOR 3.1.1 All materials used in the Work shall be new and of good quality unless otherwise provided for in the Contract Documents, shall meet the requirements of the Technical Specificarions, and shall not be incorporated into the Work until reviewed by the Engineer. If required by Engineer, Contractor sha11 furnish satisfactory evidence as to the kind and quality of materials and equipment. 31.2 All materials and equipment sha11 be applied, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. GG4 City of Apple Valley � 3.2 STORAGE OF MATERIALS Materials shall be so stored by the Contractor as to insure the preservation of their quality and fitness for the Work. Stored materials shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the written pernussion of the owner or lessee thereof. 33 CONTRACTOR'S SUPERIN'TENDENTS AND WORKERS 3.3.1 A competent superintendent, who is acceptable to the Owner, shall be maintained on the Work site and give efficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Coniractor, and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications sha11 be confirmed by the Engineer in writing. Other communications shall be so confurned upon written request of the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of a11 the subcontractors. When required, the superintendent shall be present on the site to perform adequate supervision and coordination. 3.3.2 The Contractor shall at all times be responsible for the conduct and discipline of its employees and/or any subcontractors. All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or worker employed by the Contractor or subcontractor who does not perform work in a skillful mamier, or appears to be incompetent or to act in a disorderly or intemperate manner shall be discharged immediately and shall not be employed again in any portion of the Work. 3.4 WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner and Engineer that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of a11 defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in Paragraph 3.8. 3.5 ACCESS TO WORK Engineer and Engineer's representatives, other representatives of Owner, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. Contractor sha11 provide proper and safe conditions for such access. 3.6 TESTS AND INSPECTIONS 3.6.1 Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals. 3.6.2 Contractor shall be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's or Engineer's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals not required by the Contract Documents sha11 be paid by Owner (unless otherwise specified). 3.6.3 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by organizations selected by or acceptable to Owner or Engineer. 3.6.5 Neither observations by Engineer nor inspections, tests or approvals by others shall relieve Contractor from its obligations to perform the Work in accordance with the Contract Documents. 3.7 OWNER MAY STOP THE WORK GG5 City of Apple Valley _ i ♦ If the Work is defective, or Contractor fails to supply sufficient skilled worlanen or suitable materials or equipment, Engineer may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been elnninated. 3.8 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by Engineer, Contractor shall promptly, without cost to Owner and as specified by Engineer, correct any defective Work rejected by Engineer. 3.9 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction of defective Work, Owner (and, prior to Engineer's recommendation of fuial payment, also Engineer) prefers to accept it, Owner may do so. In such case, if acceptance occurs prior to Engineer's recommendation of final payment, a Change Order shall be issued incorporating the necessary revision in the Contract Documents, including appropriate reduc6on in the Compensarion to the Contractor; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner. 3.10 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct defective Work as required by Engineer in accordance with Paragraph 3.8, or if Contractor fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule) Owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, Owner shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall a11ow Owner, Owner's representatives, agents and employees such access to the site as may be necessary to enable Owner to exercise its rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged against Contractor in an amount verified by Engineer, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contractor's . Compensation. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights hereunder. GC-6 City of Apple Valley . , SECTION 4 INSURANCE, LEGAL RESPONSIBILITY PUBLIC SAFETY AND MISCELLANEOUS 4.1 INSURANCE 4.1.1 General: The Contractor shall not commence work under tlus contract until it has obtained all insurance required under this Section and shall have filed the cert�cate of insurance or the certified copy of the insurance policy with the Owner and Engineer. The Contractor shall not allow any subcontractor to commence work on its subcontract until all insurance required for the subcontractor has been obtained. Each insurance policy sha11 contain a clause providing that it sha11 not be canceled by the insurance company without ten (10) days written notice to the Owner and Engineer of intent to cancel. The contractor sha11 norify its insurance company in writing that the insurance company must notify the Owner and Engineer if it cancels the Contractor's insurance. The Contractor shall provide a copy of this written notice to the Owner and Engineer. Each insurance policy shall contain a clause naming the Owner and any properiy owner affected by the Work as an additionally insured party under the policy. Certificates of insurance shall be submitted on Standard Form C.LC.C.-701 or ACORD 25 forms and shall specifically note the clause providing for 10 days written notice to the Owner and Engineer of intent to cancel. The certificates of insurance shall also specifically note the clause naming the Owner as an addirionally insured party under the policy. The following �r►iniinum coverage shall apply. A. Worker's compensation insurance and employer's liability insurance as required by law. B. Contractor's comprehensive general and automobile liability insurance, including coverage for non-owned and hired vehicles, in limits as follows: General Liability - Bodily Injury $500,000 each occurrence $500,000 completed operations Property Damage $100,000 OR Combined Single Limit $500,000 each occurrence $500,000 aggregate Automobile Liability - Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence $200,000 aggregate OR Combined Single Limit $500,000 C. In addition to all listed coverages, Contractor shall procure and maintain an Umbrella or Excess liability policy in a minimum limit of $1,000,000. D. Minnnum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Contractors. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Contractors and shall be their sole responsibility. E. Contractual Liability: To the fullest extent pernutted by law, the Contractor sha11 indemnify and hold hannless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, siclrness, disease or death, or to injury to or destruction of tangible GC-7 City of Apple Valley property (other than the Work itsel fl including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Conlractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indexnnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any pariy ar person described in this Section. The Contractor, in addition to, and confornuty with, all of the other requirements of this Section, will be required to indemnify the property owners from whom temporary const�uction easements were obtained and include said property owners as additional named insured on the appropriate insurance rider. Names of the properiy owners, along with other required information, will be provided to the successful bidder after the Contract has been awarded. 4.2 PERMTTS AND LICENSES All permits and licenses necessary for the prosecution of the Work shall be secured by the Contractor prior to the commencement of the Work. 43 LAWS, REGULATIONS AND SAFETY 4.3.1 Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If Contractor observes that the Technical Specifications or Drawings are at variance therewith, it sha11 give Engineer prompt written notice thereof, and any necessary changes sha11 be adjusted by an appropriate Change Order or other Modifica6on. ff Contractor performs any Work knowing or being in a position to know it to be contrary to such laws, ordinances, rules and regulations, and without such notice to Engineer, it shall bear all costs arising therefrom; however, it shall not be its primary responsibility to make certain that the Technical Specificarions and Drawings are in accordance with such laws, ordinances, rules and regulations. 4.3.2 Contractor shall be responsible for initiating, maintauung and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: A. All employees on the Work and other persons who may be affected thereby; B. AIl the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavernents, roadways, structures and utilities not designated for removal, relocation or replacement in the course Work. 433 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. The Contractor shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. Contractor shall notify owners of adjacent utilities when prosecurion of the Work may affect them. All damage, injury or loss to any properiy referred to in Section 43.2.B and C caused, direcdy ar indirectly, in whole or in part, by Contractor, any subcontractor or any directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that Work is acceptable. 4.3.4 Contractor shall designate a responsible member of its organization at the site whose duty shall be the prevenrion of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. GC-8 City of Apple Valley , 43.5 Contractor agrees to indemnify the Owner and Engineer and their agents and employees against all claims, demands, losses, damages and expenses (including attorneys' fees) arising out of or resulting from the Contractor's violation of any safety law, regulation or code (including without limitation OSHA) or any other prudent precaution. 4.4 PRESERVATION OF HISTORICAL OBJECTS 4.4.1 Where historical objects of potential archeological or paleontological nature are discovered within the areas on which the Contractor's operations are in progress, the Contractor shall restrict or suspend its operations in the immediate area of the discovery as may be necessary to preserve the discovered objects until the Owner has made arrangements for their disposition or has recorded the desired data relative thereto. 4.4.2 The Contractor shall unmediately notify the Owner of any historical objects it may discover or become aware of as the Work is being prosecuted, and shall aid in the preservation and salvage program decided upon, as may be requested or ordered by the Owner. No Work which the Contractor considers to be Extra Work shall be performed without the written authorization of the Owner. 4.43 The Owner shall ha�e the right to restrict or suspend the Contractor's operations in the immediate area where historical objects are discovered for a period not to exceed 72 hours, without claim being made by the Contractor for any damages it might suffer as a result thereof. Any restrictions imposed shall not remain in effect for a period exceeding 72 hours unless mutually agreed to in writing. SECTION 5 MEASUREMENT AND PAYMENT 5.1 REOUEST FOR PAYMENT The Contractor may submit periodically, but not more than one each month unless otherwise approved by the Engineer, documentation summarizing work completed to date in the perFormance of the Contract including measured quantities and associated unit prices in a tabulated format a("Request for PaymenP') for Work done and materials delivered. A. Payment will be made by the OWNER in monthly installments as invoiced, but not to exceed one-sixth (1/6) of the annual total, during the active weeks of the contract. The last payment in 2013 will complete the contract year. The last payment in 2014 will complete the life of the contract. 5.2 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT Within twenty (20) days of submission of any Request for Payment by the Contractor, the Engineer shall: A. Approve the Request for Payment as submitted and forward it to the Owner. The Owner may retain a percentage of payment in the amount up to five (5) percent (hereinafter "Retainage") until final payment on the Contract; B. Approve such other amount as the Engineer shall consider is due the Contractor, informing the Contractor in writing of the Engineer's reasons for approving the modified amount; ar C. Withhold the Request for Payment, infornvng the Contractor in writing of the Engineer's reasons for withholding it 53 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT Within tl�irty (30) days from the date of approval of a Request for Payment by the Engineer, the Owner shall: GC-9 City of Apple Valley A. Pay the Request for Payment as approved by the Engineer; B. Pay such other amount in accordance with Section 5.4 as the Owner shall decide is due the Contractor, infornring the Contractor and the Engineer in writing of his reasons for paying the modified amount; or C. Withholding payment in accordance with Section 5.4 inforniing the Contractor and the Engineer in writing of the Owner's reasons for withholding payment. The payment schedule for 2013 is as follows: June 21, 2011 - for work completed Apri129 through May 31, 2013 July 19, 2011 - for work completed June 1 through June 30, 2013 August 30, 2011 - for work completed July 1 through July 31, 2013 September 27, 2011 - for work completed August 1 through August 31, 2013 October 25, 2011 - for work completed September 1 through Sept. 30, 2013 November 22, 2011 - for work completed October 1 through October 18, 2013 Contract ends for 2013 on October 18, 2013. Payment schedule for 2014 is as follows: June 20, 2014 - for work completed Apri128 through May 31, 2014 July 18, 2014 - for work completed June 1 through June 30, 2014 August 29, 2014 - for work completed July 1 through July 31, 2014 September 26, 2014 - for work completed August 1 through August 31, 2014 October 24, 2014 - for work completed September 1 through Sept. 30, 2014 November 21, 2014 - for work completed October 1 through October 17, 2014 Contract completion is October 17, 2014. 5.4 CONTRACTOR'S OBLIGATIONS TO SUBCONTRACTORS The Contractor shall pay any subcontractor within ten days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and one-half (1-1/2%) percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time pursuant to this provision to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of one hundred ($100.00) dollars or more shall be ten ($10.00) dollars. For an unpaid balance of less than one hundred ($100.00) dollars, the Contractor shall pay the actual penalty due under this provision to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 5.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 5.5.1 The Owner may withhold payment in whole or in part to the extent necessary to protect the Owner from loss on account of any of the following causes. A. Violation of any of the terms of the Contract Documents B. Defective work not remedied, or completed work which has been damaged. C. Reasonable evidence indicating potential filing of claims by other parties against the Contract or Owner. D. Failure of the Contractar to make payments to subcontractors, materialmen or suppliers. GG10 City of Apple Valley i E. Damage to the Owner or any other person. • F. Contractor's unsatisfactory prosecution of the Work. 5.5.2 When any of the above grounds for which payment is being withheld is removed, payment shall be made for the amount withheld. 5.6 FINAL INSPECTION Upon written notice from Contractor that the Work is complete, Engineer will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 5.7 FINAL APPLICATION FOR PAYMENT After Contractor has completed all such corrections to the satisfaction of Engineer and delivered a11 documents as required by the Contract Documents, and after Engineer has indicated that the Work is acceptable (subject to the provisions of Section 5.8), Contractor may make application for final payment following the procedure for progress payments. The final Request for Payment shall be accompanied by all documentation called for in the Contract Documents, including IC 134 documentation and such other data and schedules as Engineer may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, Contractor may furnish a Letter of Credit or other collateral satisfactory to Owner to indemnify Owner against any Lien. 5.8 FINAL PAYMENT AND ACCEPTANCE If, on the basis of Engineer's observation of the Work and final inspection, and Engineer's review of the final Request for Payment and accompanying documentation--all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor has fulfilled all of its obligations under the Contract Documents, Engineer will, within ten days after receipt of the final Request for Payment, indicate in writing the Engineer's recommendation of payment and present the application to Owner for payment. Thereupon Engineer will give written notice to Owner and contractor that the Work is acceptable subject to the provision of section 5.8. Otherwise, Engineer will return the Request for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the Request for Payment and accompanying documentation are appropriate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended by Engineer. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of Contractor's fmal Request for Payment and recommendation of Engineer, and without ternunating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if Bonds have been fiunished as required herein, the written consent of the Surety to the payrnent of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractar to Engineer with the Request for Payment for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.9 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Engineer, nor the issuance of a certificate of Substantial Completion or any payment by Owner to Contractor under the Contract Documents, GC-11 City of Apple Valley 1 nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant to Sections 5.6 or 5.7, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractar's obligation to perform the Work in accordance with the Contract Documents. 5.10 WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: 5.10.1 A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final inspection pursuant to Section 5.6 or from failure to comply with the Contract Documents; however, it sha11 not constitute a waiver by Owner of any rights in respect to Contractor's continuing obligations under the Conlract Documents; 5.10.2 A waiver of a11 claims by Contractor against Owner other than those previously made in writing and still unsettled. SECTION 6 CHANGES IN THE WORK 6.1 CHANGE ORDERS Without invalidating the Contract, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract time, an equitable adjustment will be made as provided in Section 6 or Section 7 on the basis of a claim made by either party. 6.2 MINOR CHANGES Engineer may authorize minor changes in the Work not involving an adjustment in the Contractor's Compensation or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall perform the change promptly. If Contractor believes that a Field Order justifies an increase in the Contractor's Compensation or Contract Time, Contractor may make a claim therefor as provided in this Section 6. 63 UNAUTHORIZED WORK Additional labor and materials beyond the Work undertaken without authorization of a Change Order will not entitle Contractor to an increase in the Contractor's Compensation or an extension of the Contract Time, except in the case of an emergency. 6.4 ENGINEER RECOMMENDATIONS Owner shall execute appropriate Change Orders prepared by Engineer covering changes in the Work which are required by Owner, or required because of unforeseen physical conditions or emergencies, or because of any other claim of Contractor for a change in the Contract Time or increased compensation which is recommended by Engineer. 6.5 NOTICE OF CHANGE TO SURETY If notice of any change affecting the general scope of the work or change in the Contract prices is required by the provisions of any Payrnent or Performance Bond to be given to the surety, it will be Contractor's responsibility to so notify the surety, and the amount of any Payment or Performance Bond shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to Owner. GC-12 City of Apple Valley 1 ♦ 6.6 CONCEALED CONDITIONS Should concealed conditions encountered in the performance of the Work or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should w�kr►own physical conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contractor shall make any claim for adjustment in compensation in accordance with Paragraph 6.7. 6.7 CLAIMS FOR ADDITIONAL COSTS If the Contractor wishes to make a claim for an increase in the Contractor's Compensarion, it sha11 give the Engineer written notice thereof within ten (10) days after the occurrence of the event-giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor sha11 proceed in accordance with Paragraph 6.8. No such claim st�all be valid unless so made. If the Owner and the contractor cannot agree on the amount of the adjustment in the Contractor's Compensation, it shall be referred to the Engineer in accordance with Paragraph 1.8. Any change in the Contractor's Compensation resulting from such claim shall be authorized by any Change Orders. If the Contractor claims that additional cost is involved because of, but not limited to, (1) any written interpretation of the Engineer, (2) any order by the Owner to stop the Work where the Contractor was not at fault, (3) any written order for a minor change in the Work or (4) failure of payment by the Owner, Contractor shall make such a claim as provided herein. 6.8 WORK DURING AN EMERGENCY 6.81 In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. In all cases it shall, as soon as practicable, notify the Owner of the emergency and it shall not wait for the instructions before proceeding to protect both life and property. 6.8.2 Any additional compensation or extension of time claimed by the Contractor on account of said emergency work shall be deternuned under Paragraph 6.7. SECTION 7 CHANGE OF CONTRACTOR'S COMPENSATION 7.1 CONTRACTOR'S COMPENSATION The "Contractor's Compensation" constitutes the total compensation (subject to authorized adjustments) payable to Contractor for perfornung the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at its expense without change in the Contractor's Compensation. 7.2 CHANGE IN CONTRACT PRICE Any claim for an increase in the Contractor's Compensation shall be based on written notice delivered to Owner and Engineer within ten (10) days of the occurrence of the event-giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless Engineer allows an additional period of time to ascertain accurate cost data. All claims for adjustment in the Contractor's Compensation shall be determined by Engineer if Owner and Contractor cannot otherwise agree on the amount involved. Any change in the Contractor's Compensarion resulting from any such claim shall be incorporated in any Change Orders. GC-13 City of Apple Valley j . 7.3 BASIS OF CHANGE The cost or credit to the Owner resulting from a change in the Work sha11 be determined and mutually agreed upon in advance of perforniance of the change in Work in one or more of the following ways: 7.3.1 By mutual acceptance of a lump sum properly itemized. 7.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit prices shall include an allowance for Contractor's main office expense, overhead, profit and bond), ar 7.3.3 By mutual acceptance of actual cost of the changed Work, plus an allowance for overhead, supervision and profit as subsequently agreed upon. The Owner shall have the right to examine, inspect, copy and audit the books and records of any Contractor or subcontractor making claim for reimbursement for costs and allowances hereunder in order to verify the accuracy, correctness, completeness and propriety of all costs and allowances claimed. 7.4 WORK PERFORMED BY SUBCONTRACTORS The Contractor's fees for Work performed by subcontractors shall be a nununum of 5% up to a m�imum of 10% (as deternuned in the sole discretion of the Owner, for such Work where the Work performed by subcontractors is supervised by the Contractor) as compensation for all other costs and expenses including administrative overhead, profit and supervision. SECTION 8 SUSPENSION OF WORK AND TERMINATION 8.1 OWNER MAY SUSPEND WORK Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor and Engineer which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed, Contractor will be allowed an increase in the Contractor's Compensation or an extension of the Contract Time, or both, directly attributable to any suspension if it makes a claim therefor as provided in Section 7. 8.2 OWNER MAY TERMINATE Owner may tenninate the Contract upon the occurrence of any one or more of the following events: 8.2.1 If Contractor is adjudged bankrupt or insolvent, 8.2.2 If Contractor makes a general assignment for the benefit of creditors, 8.2.3 If a trustee or receiver is appointed for Contractor or for any of Contractor's properly, 8.2.4 If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bazikruptcy or similar laws 8.2.5 If Contractor repeatedly fails to supply sufficient skilled workrnen or suitable materials or equipment, 8.2.6 If Contractor repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment, 8.2.7 If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, 8.2.8 If Contractor disregards the authority of Engineer, or 8.29 If Contractor ott►erwise violates in any substantial way any provision of the Contract Documents, Owner may after giving Contractor and its Surety seven days written notice, ternunate the services on GC-14 City of Apple Valley F t' l_ ♦ Contractor, exclude Contractor from the site and take possession of the Work and of a11 Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be enritled to receive any further payment until the Work is finished. If the unpaid balance of the Contractor's Compensation exceeds the direct and indirect costs of completing the Work, including compensarion for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner shall be verified by Engineer and incorporated in a Change Order, but in fvushing the Work, Owner shall not be required to obtain the lowest figure for the Work performed. 8.3 Where Contractor's services have been so terminated by Owner, the termination shall not affect any rights of Owner against Contractor then e�sting or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. 8.4 Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and ternunate the Contract. In such case, Contractor shall be paid for all Work executed and any expenses sustained plus reasonable ternunation expenses. 8.5 If, after notice of ternvnation for failure to fulfill contract obligations, it is deternuned that the Contractor has not defaulted, the tennination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with paragraph 8.6. 8.6 CONVE1vIENCE TERMINATION �Y THE OWNER The Owner reserves the right to terminate the Work under this Contract in whole, or from time to time in part, and said ternunation for convenience shall not be construed as a breach of the Contract. If the Contract is terminated for convenience, the Owner shall give the Contractor written notice specifying the extent of the Work under the Contract that is being terminated and the effective date of said ternunation. Upon receipt of the notice of ternvnation, the Contractor shall stop work on the date and to the extent specified. The Contractor shall place no further orders nor incur any further costs for the ternunated parts of the Work. The Contractor shall further ternunate all orders and subcontracts relating to the ternunated part of the Work. The Owner shall pay the Contractor for the value of the Wark completed to the ternunation date together with a reasonable profit on the completed Work, but Contractor shall not be entitled to any further damages or costs or lost profits. Disposition of the completed parts of the ternunated work, materials, equipment and other tangible property shall be made as agreed upon by the Owner and Contractor. The title to any property and materials retained by the Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor. 8.7 CONTRACTOR MAY STOP WORK OR TERMINATE If, through no act or fault of Contractor, the Work is suspended for a period of more than ninety days by Owner or under an order of court or other public authority, or Engineer fails to act on any Request for Payment within thirty days to pay Contractor any sum fmally determined to be due, the Contractor may, upon seven days' written notice to Owner and Engineer, terminate the Contract and recover from Owner payment for all Work executed and any expense sustained plus reasonable ternvnation expenses. In addition and in lieu of ternunating the Contract, if Engineer has failed to act on a Request for Payment or Owner has failed to make any payment as aforesaid, the Contractor may upon seven days' notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph sha11 not relieve Contractor of its obligations to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. GC-15 City of Apple Valley . � . SECTION 9 GENERAL 9.1 LIMITATION OF LIABILITY In no event, either as a result of breach of contract, negligence, or otherwise, shall the Owner or Engineer or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of bonding capacity, or any other special, indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of the Owner and Engineer for any loss, claim or dainage arising out of this Contract or the performance or breach thereof, sha11 be limited to the value of the Work performed. 9.2 REMEDIES The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor herein and all of the rights and remedies available to Owner and Engineer thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph sha11 be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and ternunation or completion of this Contract. 9.3 HOURS OF OPERATION: 9.3.1. The Contractor shall not operate equipment between 8:00 p.m. and 7:00 a.m. Monday through Friday and between 5:00 p.m. and 8:00 a.m. Saturday unless specifically authorized by the Engineer. 93.2. The Contractor shall not perform Work (except tra�c control maintenance, erosion control inspection/repair or emergency work) on Sundays, or federally designated holidays unless special approval is granted by the Engineer. 9.3.3. The Contractor shall notify the Engineer in advance of all times of work on the site. 9.4 CONFLICT BETWEEN CONTRACT DOCUMENTS. In the event there is inconsistency within the Contract Documents, the Contract and any addendum to the Contract shall first control; followed by the Drawings; followed by the Special Provisions; followed by the Technical Specifications; followed by the General Conditions. GC-16 City of Apple Valley , ti . SAMPLE FORM AGREEMENT FORM 2013-2014 MOWING AND TRIMMING SERVICES CITYPROJECT NUMBER 2013-109 CITY OF APPLE VALLEY, MINNESOTA This Construction Agreement ("Agreement") is made this 14th day of February, 2013, by and between a � ` '' �' � jcorporation/partnershipl (hereinafter called the "CONTRACTOR"), and the City of Apple Va11ey, a Minnesota municipal corporation (hereinafter called the "OWNER") (Owner and Contractor are hereinafter called the "PARTIES"); WITNESSETH, that the OWNER and the CONTRACTOR, for the consideration hereinafter stated, agree as follows: 1. SERVICES TO BE PERFORMED The CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Contract Documents (identified in Section 8 of this Agreement) prepared by the Owner dated December 10, 2012, and made a part of this Agreement by reference, for the following improvement(s); 2013-2014 MOWING AND TRIMMING SERVICES CITYPROJECT NUMBER 2013-109 (the "Work") The CONTRACTOR shall do everything required of this Agreement and the Contract Documents. The CONTRACTOR shall make good, replace, and renew at its own cost and expense any loss or damage to said Work and adjacent properties and facilities during the performance of the Work or prior to the final acceptance thereof by the OWNER, and shall be wholly responsible for the performance and completion of such Work. 2. COMPLETION DATE The CONTRACTOR shall commence Wark under this Agreement Apri129, 2013, and shall complete the Work in accordance with Special Provisions to the General Conditions of the Contract Documents. The CONTRACTOR shall notify the ENGINEER in writing of any and a11 causes of delay of such Work or any part thereof, within three (3) days of the beginning of such delay. 3. CHANGE ORDERS Any changes to the Work specified by this Agreement shall be made in writing and signed by � the PARTIES. Only the Engineer will have the authority to initiate any change orders which A-1 . _ . k . must be submitted to the City Council for approval. No payment will be made for any claim for additional charges not processed in this manner. 4. PAYMENT The OWNER shall pay the CONTRACTOR for the performance of this Agreement according to the Proposal Form, attached hereto, listing the schedule of approximate quantities and unit prices as set out in the Proposal Form of the Contract Documents submitted by the CONTRACTOR on Januarv 29, 2013, the annual aggregate of which is $� �°� - ��p� � 5. INSURANCE, PERFORMANCE BOND AND PAYMENT BOND This Agreement shall be in full farce and effect after execution hereof upon the filing and acceptance of the insurance documents and the performance and payment bonds as required in the Contract Documents. Said insurance documents shall be issued in accordance with the provisions of Section 4 of the General Conditions, thereby assuring that the OWNER has been named as an additional insured party on all such policies or has been provided separate insurance policies of the kind and amount stated therein. The performance bond shall be enforceable by both the OWNER and any other municipality wherein any part of this Work may be performed. 6. INDEMNIFICATION The CONTRACTOR shall indemnify and hold harmless the OWNER and its officers, agents and employees from and against all claims, damages, losses or expenses, including attorney fees, which may be suffered or for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this Agreement by the CONTRACTOR, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. CONTRACTOR shall comply with all applicable laws and regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss. 7. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: CONTRACTOR has examined and carefully studied the Contract Documents; CONTRACTOR has visited the Project identified in the Contract Documents and become familiar with and is satisfied as to the general, local, and Project conditions that may affect cost, progress, and performance of the Work; CONTRACTOR is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work; and the CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work in accordance with the other terms and conditions of the Contract Documents. A-2 . „ 8. CONTRACT DOCUMENTS The Contract Documents shall consist of the following component parts: A. The Contract B. Information for Bidders C. General Conditions D. Special Provisions E. Technical Specifications F. Proposal Form G. Payment Bond H. Performance Bond I. Certificate of Insurance J. Addendum (s) K. Notice of Award L. Change Orders M. Field Orders N. Drawings This Agreement, together with the documents hereinabove mentioned, form the Contract for the Work. 9. WHOLE AGREEMENT This Agreement embodies the entire ageement between the PARTIES including all prior understanding and agreements and may not be modified except in writing signed by all the PARTIES. A-3 . _ � EXECUTED as of the day and year written below: CITY OF APPLE VALLEY Date B Mary Hamann-Roland, Mayor Date �d Pamela J. Gackstetter, City Clerk ������' � ,�� � „�., ��� �, �.. � �; .�: ���� Date B Date p,nd STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 202_, bY and , the and of � a [corporation/partnership], on behalf of the [corporation/partnership]. (Notarial Seal) Notary Public . A-4 - ;, � _ � SAMPl.E FORM LA.BOR AND MA.TERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: tha.t , Inc., as Principal(hereinafter called Contractor) and as Surety (hereinafter called Surery) are held �nd fixinly bound unto the City of Apple Valley as Obligee (hereinafter called Obligee) for the use and benefit of claimants as herei:nbelow defined, in the am.ount of Dollars ($ ), for the payment whereaf Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, furm.iy by these presents. WHEREAS, Contractor has by written agreement dated _ , , , entere�d. in.to a contract with Obligee for in accordancs with specifications prepared by Obligee which contract is by reference made a part hereof and is � he�reinafter referred to as the Contract. NOW, THEREFORE, THE CONDTi'ION OF THIS OBLIGATION � is such that, if Contractor shall promptly make payment to all clai.mants as hereinafter defined, for all labor and material used or reasonably requixed for use in the performance of the Contract and shall keep the project free and clear of all liens as pzovided in the Contract, then this obligatioa� shall be void; otherwise it shall remain in full force.and effect, subject, however, to the following concli,tions: 1. Claimant is defined as one permitted by applicable law to file a Public Contractor's Bond claim for labor, material, or both, used or reasona�rly required for use in the performance of the Contra.ct, labor and material being construed to include without limitatian that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, incnran� ���S, taxes and any items for which a clai.m or lien may be filed agai.nst the Obligee under the applicable law. , � 2. The above named Contraetor and Surety hereby jointly an.d severally agree with the Obligee that every claimant as herein defined, who has not been paid in fu11 may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sums as may be justly riue clai.maut an.d ha.ve execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such sui� . 3. No suit or action sb.a11 be commer�ced hereunder by any claimant: (A) Unless claimant shall have filed a public contractors bond clai.m in the form and within the fiime provided under applicable law, or (B) After expiration of time for enforcement of a public contractars bond clairn by Iega1 action. 4. The amount of this bond shall be red.uc,ed by and to the extent of any payment or paymen�s made in good faith hereunder. 5. The Contractor and Surety shall keep the project free fmd clear of liens and. shall promptly remove any and all liens filed against the proj ect by claimants. 1 , a _ . � � SAMPLE FORM 6. The Obligee's right of action on this borid, or foz the breacli thereo� shall not be limit� by the conditions set forth in paragraphs 1 through 3 above. Signed and sea1�1 this day of , - Contractor By s��.� . (Typed or Printed Name of Sign�r) Title . Witness • By signa.ture (Typed.or Printed. Name of Signer) ' Title (If the contractor is a partz�ership or joint venture, all partners or co-venturers must execute this bond.) Surety Address � Phone No. Witness By Signa.ture (Typed or Pri.nted Name of Signer) Title (Local Address & Telephone Number) {'The attorney-in-fact shall attach hereto a copy of his power of attorney or other document whic�i authorizes him to act on behalf of and w bind the surery.) 2 � _ ---y � • SARAPLE FORM CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL (For use where Contractor is inclividual or parinership) STATE OF I�ZINNESOTA ) ) SS. � COUNTY OF ) � On this day of , before me personally appeared to me known ta be the person(s) described. in and who executed the foregoing bond and acknowledged that _he exeeuted the same as free act and deed. � (Notarial Seal) Notary Public CER'TIFICATE OF ACKNOWLEDGMENT � (For use where Contractor is a corporation} STATE OF NIINNESOTA ) ) SS. COUN'I'Y OF ) On this day of , before me personally appeared �d , to me known who, being liy me duly sworn, did say that they are respectively the of that the seal affixerl to the foregoing instrument is the corporate seal of said corporation and tha.t said ins�ent was executed in behalf of the corporation by authority of its Board of Directors, and said � and � acknowledged the instrument to be the free act and deed of said corporation. (Notarial Sea1) ' Notary Public Full Name of Surety Company Hoane Office Address Name o£Loca1 Agency Loca1 Agency Address If this bond is executed outside of the State of Minnesota, it must be countersigned on the Perfoxmance Bond by a Minn.esota resident agent of the Surety Company. Agent .Affixing Countersignature Address (Affix here Power of Attorney and Acknowled.gment of Corpora.te Sureiy.) 3 _ _ t � - �- SAMPLE FORM PERFORMANCE BOND KNOW ALL MEN BY TFiESE PRESENTS: that , as Principal (hereinafter called Contractor) and, as Surety (hereinafter called Surety) aze held and firmly bound unto the City of Apple Valley as obligee (hereinafter called Obligee} in the amount of � Dollars ($ ), for the payment wher�f Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jaintly and severally, firmly by these presents. WHEREAS, Contractor has `by written agreement dated , , enter�l into a contra.ct with the Obligee for delivery and installation of in accordance with speci.ficati.ons prepared by Obligee which contract is by reference made a part hereo� and is hereinafter referred to as fihe Contract. NOW, THEREFORE, THE CONDTI'ION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perfcmn said Contra.ct in conformance with the Contract Documents, and a11 guaranty, indem�niity and warranty obligations specified therein, an.d shall promptly and faithfizlly remedy any breach of its obligations under the Contract Documents discovered within the time limits set by staxute for commencement of actions, and shall pay any dasnages for unexeused late completion, then this obligation shall be null and void; otherwise it sha11 rexnain in full force and effect. The Surety hereby waives notice of any alternation, changes or extension of time made by the Obligee. Whenevez the Contra�tor shall be, and declazed by the Obligee to be in default under the Contract, the Surety may promptly remedy the default, or sha11 pramptly: (1) Complete the Coniract in aecordance with its terms and conditions, or. if appropriate, {2) Obtaan a bid or bids for completing the Contract in accordance with its tenms and conditions, and upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, a�rrange for a contract between su.ch bidder and Surety, at2d make available as work progresses (even though there shall be a default or a succession of defaults under the contract or contracts of completion azranged under this paragraph) su�cient funds to pay the cost of completion and other costs and damages for which the Suretymay be liable hereunder, but not exceeding the amount set fortb: in the first paragraph hereof less the balan.ce of the contra.ct price. The term "balance of the contract price", as used in this paragraph, shall mean tb.e total amount payable by the Obligee to Contractor under the Contract and any amendments thereto, Iess the amount paid by the Obligee to Contxactor, or if appropriate, (3) Promptly pay such sums to the Obligee as the Obligee may be entitled from the Contractor under the Contract Documents, or for the breach thereof, but not exceedsng the amount set forth in the first pazagraph hereof. 1 � __ _ �. � SN{iAPLE FORM The Surety agrees to be bound by any award granted to the Obligee against the Contractor in arbitration or judicial proceedings comm.enced pursuant to the Contract Documents. No right of action shall acczue Qn this bond to or for the use of an.y person or corporation oth�r than the Obligee nam�. herein or the successors of the Oblige�e. .,. This bond is furnished pursuant to the requirement�s of 1Vi.5. 574.26 et seq. (Minnes.ota. Public Works Amendment). It is hereby acknowledged and agreed by both Principal and Su��ty that the provisions and requirements of M.S. 574.26 through 574.32 are hereby inco�poratEd:'by reference into this bond as if set forth verbatim herein. In the event of any conflict between such statutory provisions and the standard printed provisions of this bond, the statutory t�tigizage shall supersede and control in all respects. . t. �. . ,, Signed and sealed this day of ; : , . . . . � Gontractor By Signahare � ` (Typed or Printed Name of Signer) Title Witness By Signature (Typed or Print.� Name of Signer) Title (If the contractor is a partnership or j oint venture, all partners or co-venturers must execute this bond..) . , : . . Address 'r Phone Na Witness BY Signature (Typed or Printed Name of Signer) Title (Loca1 Address & Telephone Number) (The attorney-in-fact shall attach he�reto a copy of his power of attorney or other document suthorizing him to act on behalf of and to bind the surety.) 2 ._ _ . _ _ � t� __. � ... SAMPLE FORM CERTIFICATE OF ACKNOWLEDGMEI�T'T BY PRINCIl'AL (For use where Contractor is individual or partnership) STATE OF 1VIINNESOTA ) ) SS. COUNTY OF ) On thi.s day of_ , before me personally appeared to me known to be the person(s) described in and who executed the foregoing bond and acknowledged that he executed the saine as fi ee act and deed, � (Notarial Sea1) Notary Public CERT'IFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) � STATE OF MINNESOTA ) ) SS. COUNTY OF ) On this day of _ , before me personally appeared �d to me known who, being by me duly sworn, did say that they are respectively the of , that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of the corporation by ' anthority of its Boazd of Directors, and said and acknowledged the iz�.strument to be the free act and deed of said corporation. (N�tarial Seal) � Notary Public Full Name of Surety Company Home Office Address Name of Local Agency Local Agency Address If this bond is executed outside of the State ofMinnesota, it must be countezsigned on the Performance Bond by a Minnesota resident agent of the Surety Company. Agent A.ffixing Coun#ersi�ature Address (Affix here Power of Attorney and Acknowled�nent of Corporate Surety.) 3 , � � , 1 ► ' ► � ��k �� � � �, 2�,'�,"€ . r � "��` � s'� - i C � �-,��'� �y' �II ��- _ � �� F _ �y �,� °. �-�, � � � .� - � � ��� . 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'�. �,.'�".. ,� ��t : ����;� x�. . . . . . .,�� � � �` � $ »r � �3� � a� .� " g - � � . � � it �''" . �y'^`� �� 7 3'"� ' � . i�c�iF� � , . .; �' �.�C .. � � � � . i ,� �. .� <�� � `' �SJ''� . � � : x, : ��i,� ��* r �ii y�� � .s�+YP\''' �^ ,. �«.�� �a` ��� r�+I}'r�a...`,� : y. - ? � � � , � Y` � � ��'�x"2 �` S , �3� "�.,4 y y4 _ � �13 . � . � ^a„�� s �:. � �"" � � �,- � � . ,- � �r,� v�+. ., : . �� " ... �� . , � � ,�2 � - �: � . L � �.s ;z� � �q a U . � 3 °`t . � e�,' z "��W, a y `�',� ' - � � . ..�„ tt�`,, �. �' `�" . . _ '� � � ''. �" .c- 9 _ �� ., sc` i �� �c..� � -�c:� s�, e ,��` ���'�' . - - .-, ;°� '-. - , �`r��� ..._ . . . . . � �� ��'� �11., ..:- u �v�...i...�...�r: i--} . K Dougherty, Molenda, Solfest, Hills & Bauer P.A. OUGHERTY MOLENDA Michael G. Dougharty � . �irect: {952) 953-882Q Q Q Q Attomeys � Advisors E-mail: mdoughertyc�dmshb.com MEMORANDUM TO: Tom Lawell, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: December 18, 2012 RE: Minnesota Court Data Services ("FAST Access") Our File No. 0066-33220 The Minnesota court system is attempting to go paperless and the State has chosen Dakota County as a pilot project for criminal prosecution solely using on-line data. In order for the system to operate efficiently, the city prosecutor must have access to the court records maintained by the State. To do so, the State has prepared documents that it requires be executed by the parties accessing the date. The City is also being required by the State to execute a subscriber agreement permitting access by our office, as the City's prosecutors, to the court database. Unfortunately, we were notified of the pilot program and the need for execution of the subscription agreement by the City only days prior to the actual pilot program starting here in Dakota County. Therefore, in order to assure that prosecutions continued seamlessly, we asked and you executed the subscription agreement on behalf of the City. To complete the records for the Minnesota State Court, we are requesting that you place the subscriber agreement on the next City Council agenda to have the Council ratify and approve the subscriber agreement. If you have any questions, please be in contact with me. MGD/jlt MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES THIS AGREEMENT is entered into by and between City of Apple Valley , (Govemment Subscriber Name ! Name of Entity) of 7100 West 147th Street, Apple Valley, MN 55T24 , (Govemment Subscriber Address) (hereinafter "Government Subscriber") and THE STATE OF MINNESOTA Office of State Court Administration , (Judicial District OR Office of State Court Administration) of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155 , (Address) (hereinafter "the Court"). Recitals The Court offers Court Data Services, as defined herein, to Minnesota Government Subscribers as authorized by the Rules of Public Access. The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted herein. Government Subscriber desires to use Court Data Services, and the . Court desires to provide the same, to assist Government Subscriber in the efficient performance of its governmental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. Court Data Services are defined in the Definitions section of this Agreement and may involve a one-way or two-way transmission of information between the parties, some of which may include court information that is not accessible to the public pursuant to the Rules of Public Access and which may not be disclosed by Government Subscriber without the prior approval of � the appropriate court or record custodian. Government Subscriber agrees herein to limit its access to and use of Court Records and Court Documents through Court Data Services to the Government Subscriber's "Legitimate Governmental Business Need" as defined herein. The access to statewide public Court Documents is a pilot program. During the initial phase of the pilot program, the State will not charge Government Subscriber for access to Court Documerits. The State may charge Goverrunent Subscriber for access to Court Documents at a later date or after the initial phase of the pilot program concludes. A�reement NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Court and Government Subscriber agree as follows: iVfa�ter 5uf�scribe� Rgreement far iVfinnesa�a G�urt C7a4a Seruices f�r Govern��ientai tlgc�ncies — l��visecl t�ct�b�r 12, � 012 - Pagc 1 0{ 1 � 1. TERM; TERMINATION; ONGOING OBLIGATIONS. l.l Term. This Agreement shall be effective on the date executed by the Court and shall remain in effect according to its terms. 1.2 Termination. 1.2.1 Either party may terminate this Agreement with or without cause by giving written notice to the other party. The effective date of the termination shall be thirty (30) days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5 shall be effective immediately and may occur without prior notice to Government Subscriber. 1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall survive any termination of this Agreement, as shall any other provisions that by their nature are intended or expected to survive such termination, Upon terrnination, the Government Subscriber sha11 perform the responsibilities set forth in paragraph 8.6 hereof. 1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent agreement between the parties. 2. DEFINITIONS. 2.1 "Court Data Services" means one or more of the following services and includes , any additional or modified services identified as such on the Justice Agency Resource webpage of the Minnesota Judicial Branch website, which is currently www.courts.state.mn.us, or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates: 2.1.1 "Bulk Data Delivery" means the electronic transmission of Court Recards in bulk form from the Court to the Government Subscriber, from one or more of the Court's databases and through any means of transmission, as � described in applicable Policies & Notices and materials referenced therein. 2.1.2 "Court Integration Services" means pre-defined automated transmissions of i) Court Recards from the Court's computer systems to Government Subscriber's computer systems; and/or ii) Government Subscriber Records from the Government Subscriber's computer systems to the Court's computer systems; on a periodic basis or as triggered by pre-determined events, as described in applicable Policies & Notices and materials referenced therein. 2.1.3 "MNCIS Login Accounts" means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records and Court Documents through the Minnesota Court Information System ("MNCIS"), as described in applicable Policies & Notices and materials referenced therein. Master Subscriber Agreem�r�Y for P�1innesot� Ca+ar� Data Services for ravernt��ental ls,g�ncies —�evised Octaber 12, 2012 Page 2 of 15 2.1.4 "ViBES Login Accounts" means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records through the Violations Bureau Electronic System ("ViBES"), as described in applicable Policies & Notices and materials referenced therein. 2.2 "Court Data Services Databases" means any databases and the data therein, used as a source for Court Data Services, together with any documentation related thereto, including without limitation descriptions of the format or contents of data, data schemas, and all related components. 2.3 "Court Data Services Programs" means any computer application programs, routines, transport mechanisms, and display screens used in connection with Court Data Services, together with any documentation related thereto. 2.4 "Court Documents" means electranic images of documents that are part of ar included in a court file when the electronic images become available. Court Documents have a document security classification as follows: 2.4.1 "Publicl" means the classification used for documents that are accessible to the general public in electronic form from any location. . 2.4.2 "Public2" means the classification used for documents that are accessible to the general public in electronic form at the courthouse, but not from any other location. � 2.4.3 "Public2 Citation" means the classification used far Court Payment Center documents that are accessible to the general public in electronic form at the courthouse, but not from any other location. 2.4.4 "Confidentiall" means the classification used for documents that are not accessible to the general public in electronic form, but are available to Government Subscribers with legal authorization to access the case under Minn. R. Pub. Access 8, subd. 4(b). 2.4.5 "Confidential2" means the classification used for documents that are not accessible to the public in electronic form and is not accessible to Government Subscribers except as authorized by specific court rules or arders that identify the specific document to be accessed. 2.4.6 "Sealedl" means the classification used for documents that are not accessible to anyone except by court order or specific authorization. 2.5 "Court Records" means all information in any form made available by the Court and/or its affiliates to Government Subscriber for the purposes of carrying out this Agreement, including: _ 2.5.0 "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information and Court Documents, when available, as defined herein. �ul�ster Subscriber Agr�eme�t for Minnesota Court Data Services far Governmental Agencies — Revised Ociaber 12, 2012 Page 3 of 15 2.5.1 "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. 2.5.2 "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court - Data Services Programs, Court Data Services Databases, and other technical information. 2.5.3 "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. 2.6 "DCA" means the District Court Administrator pursuant to Minnesota Statutes, section 485.OL 2.7 "Government Subscriber Records" means any information in any form made available by the Government Subscriber to the Court and/ar its affiliates for the purposes of carrying out this Agreement. 2.8 "Government Subscriber's Individual Users" means Government Subscriber's � employees or independent contractors whose use or access of Court Data Services, as well as the access, use and dissemination of Court Records and Court Documents, is necessary to effectuate the purposes of this Agreement. 2.9 "Legitimate Governmental Business Need" means a requirement, duty or obligation for the efficient performance of governmental tasks or governtnental responsibilities and as required or authorized by law or court rule in cannection with any civil, criminal, administrative, or arbitral proceeding in any Federal, � State or local court or agency or before any self-regulatory body. 210 "Policies & Notices" means the policies and notices published by the Court and/or its affiliates in connection with each of its Court Data Services, on a website or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates. Policies & Notices for each Court Data Service, hereby made part of this Agreement by reference, provide additional terms and conditions that govern Government � Subscriber's use of such services, including but not limited to provisions on fees, access and use limitations, and identification of various third party applications, such as transport mechanisms; that Government Subscriber may need to procure separately to use Court Data Services. 2.11 "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables 1�lasrer SuE�scriber Agreemenf ior �linnesata Co�ert Data Sen�ices for Gov�rnm�ntal t�,genci�s — Revised October 12, 2�12 Page 4 af � 5 published from time to time by the Court and/or the SCAO entitled "Limits on Public Access to Case Records" or "Limits on Public Access to Administrative Records," all of which by this reference are made a part of this Agreement. It is the obligation of Government Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereo£ It is contemplated that such rules, lists, and tables will be posted on the main website for the Court, for which the current address is www.courts.state.mn.us. 2.12 "SCAO" means the State of Minnesota, State Court Administrator's Office. 2.13 ��This Agreement" means this Master Subscriber Agreement far Minnesota Court Data Services for Governmental Agencies, including all E�ibits, Policies & Notices, and other documents referenced, attached to, or submitted or issued hereunder. 2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1, 8.2 and 8.4 of this Agreement. 2.15 "User Acknowledgement Form" means the form attached to this document as Exhibit B, signed by Government Subscriber's Individual Users to confirm in writing that the Individual User has read and understands the requirements and restrictions in this Agreement. 3. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following execution of this Agreement by both parties, Government Subscriber will be offered access to the Court Data Services described in� Exhibit A, attached hereto and incorporated by reference. 4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT RECORDS , AND COURT DOCUMENTS LIMITED; TRAINING; VIOLATIONS; SANCTIONS. 4.1 Authorized Access to Court Data Services, Court Records and Court Documents. 4.11 Government Subscriber and Government Subscriber's Individual Users shall access only the Court Data Services, Court Records and Court , Documents, when available, necessary for a Legitimate Governmental Business Need. 4. L2 The access of Court Data Services, Court Records or Court Documents, when available, by Government Subscriber or Government Subscriber's Individual Users for personal or non-off cial use, or any use that is not a "Legitimate Governmental Business Need" as defined herein, is prohibited. � 4.1.3 Government Subscriber and Government Subscriber's Individual Users shall not access or attempt to access Court Data Services, Court Records or Court Documents, when available, in any manner not set forth in this M�ster Subscriber Agreen�ent for Minnesota Court Data Services for Govemmentai Agencies — Revised Octoher 12, 2012 Paye 5 of 15 Agreement, Policies & Notices, or other Court Data Services documentation. 4.2 Authorized Use of Court Data Services, Court Records and Court Documents. 4.2.1 Government Subscriber and Government Subscriber's Individual Users shall use the Court Data Services, Court Records and Court Documents, when available, accessed only for a Legitimate Gavernmental Business Need and according to the instructions provided in corresponding Policies & Notices or other materials. � 4.2.2 The use of Court Data Services, Court Records or Court Documents, when available, by Government Subscriber or Government Subscriber's Individual Users for personal or non-official use, or any use that is not a "Legitimate Governmental Business Need" as defined herein, is prohibited. 4.2.3 Government Subscriber and Government Subscriber's Individual Users shall not use or attempt to use Court Data Services, Court Records or � Court Documents, when available, in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation. 4.3 Dissemination of Court Records and Court Documents. Government Subscriber and Government Subscriber's Individual Users shall not share the Court Records or Court Documents, when available, accessed and data therefrom with third parties and other individuals other than as needed to further a . Legitimate Governmental Business Need. 4.4 Training. Government Subscriber shall provide Government Subscriber's Individual Users training in the access, use, and dissemination of Court Records and Court Documents. 4.5 Violations. , 4.5.1 The access or use of Court Data Services, Court Records or Court Documents, when available beyond what is necessary for a Legitimate Governmental Business Need by Government Subscriber or Government Subscriber's Individual Users is a violation of this Agreement. The dissemination of Court Recards or Court Documents, when available, by , Government Subscriber or Government Subscriber's Individual Users with third parties or other individuals beyond what is necessary for a Legitimate Governmental Business Need is a violation of this Agreement. The access, use and dissemination of Court Data Services, Court Records or Court Documents, when available, by Government Subscriber or Government Subseriber's Individual Users for personal use is a violation of this Agreement. 4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted access, use or dissemination of Court Data Services, Court Records or � i�Jl��,fer Subscriber Agreemer�t for tvlinr�esata Caurf DaY� Serv?c!�s �For uc,v�rt�tnenta! !�.ye;nri�� —,��.e�ri:��d C.�c�ou�r �12, ?:�1',� Pagc; 6 ot 1 � Court Documents, when available, by Government Subscriber or Government Subscriber's Individual Users shall be grounds for the Court � to impose sanctions as described in Clause 4.6 and to terminate this ; Agreement without prior notice to Government Subscriber and/or 'i Government Subscriber's Individual Users. : 4.6 Sanctions. 4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a Government Subscriber and/or Government Subscriber's Individual Users and may include the suspension of access or termination of access for Government Subscriber and/or Government Subscriber's Individual Users, 4.6.2 If the Court decides to terminate the access for Government Subscriber and/or Government Subscriber's Individual Users, the Court shall notify the affected party in writing. The ternunation shall be effective immediately. Prior notice to Government Subscriber and/or Government Subscriber's Individual Users is not required. Reinstatement of the access shall only be upon the written direction of the Court. 5. GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees: 51 To not disclose Court Conf'idential Information, or Court Documents, when available, to any third party except where necessary to carry out the Government Subscriber's Legitimate Governmental Business Need as defined in this Agreement. 5.2 Ta take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and Court Documents, when available, and to satisfy Government Subscriber's obligations under this Agreement. 5.3 To limit the use of and access to Court Confidential Information to Government Subscriber's Individual Users. Government Subscriber shall advise Government � Subscriber's Individual Users of the restrictions upon access, use and disclosure contained in this Agreement, requiring each Government Subscriber's Individual ' User to acknowledge in writing that the individual has read and understands such restrictions. Government Subscriber's Individual Users shall sign the ' Acknowledgment Form attached in Exhibit B before accessing Court Data Services. 5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government � Subscriber and Government Subscriber's Individual Users with respect to the confidentiality and security of Court Confidential Information and Court Documents, when available, shall survive the termination of this Agreement and the termination of their relationship with Government Subscriber. ' 5.5 That, notwithstanding any federal or state law applicable to the nondisclosure ' obligatians of Government Subscriber and Government Subscriber's Individual Users under this Agreement, such obligations of Government Subscriber and iv1ast�r �ubscriber Agreement fior Minnesoia Caurt Data Services for Go�ernn�entai Agencies — R�vised Qctaber 1�, 20'!2 ' Page 7 oF 15 Government Subscriber's Individual Users are founded independently on the provisions of this Agreement. 5.6 That, a violation of Government Subscriber's agreements contained in this Clause 5, or a violation of those same agreements by Government Subscriber's Individual Users, shall be grounds for the Court to terminate this agreement and Government Subscriber and/or Government Subscriber's Individual Users access to Court Data Services, Court Records and Court Documents, when available. 6. APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER LEGAL MANDATE AND PREVIOUSLY DISCLOSED CUURT RECORDS AND COURT DOCUMENTS. Subscriber acknowledges and agrees: 6.1 Court Case Information Provided Under Legal Mandate.. When the Cotu is required to provide Government Subscriber with Court Case Information under a legal mandate and the provision of such data by the Court is not optional or otherwise left to the discretion of the Court, for example in the case of a state statutory reporting requirement, the provisions of this Agreement that govern or restrict Government Subscriber's access to and use of Court Case Information do not apply to the specific data elements identified in the legal mandate, but remain in effect with respect to all other Court Case Information provided by the Court to Government Subscriber. All other provisions of this Agreement remain in full effect, including, without limitation, provisions that govern or restrict Government Subscriber's access to and use of Court Confidential Security and Activation Information. 6.2 Previously Disclosed Court Records and Court Documents. Without limiting section 6.1, all Court Records and Court Documents disclosed to Government Subscriber prior to the effective date of this Agreement sha11 be subject to the provisions of this Agreement. 7. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. 7.1 Requirement to Advise Government Subscriber's Individual Users. To effect the purposes of this Agreement, Government Subscriber shall advise each of Government Subscriber's Individual Users who are permitted to use and/or access Court Data Services, Court Records and Court Doctunents, when available, under this Agreement of the requirements and restrictions in this Agreement. 7.2 Required Acknowledgement by Government Subscriber's Individual Users. 7.2.1 Government Subscriber shall require each of Government Subscriber's Individual Users to sign the User Acicnowledgement Form (Exhibit B). 7.2.2 The User Acknowledgement Forms of current Government Subscriber's Individual Users must be obtained prior to submitting this Agreement to the Court for approval and shall accompany the submission of this Agreement far approval. P�I�stQr 5ubscriber Agreemenf for Minnesota Court Da4a S�rvices far Gca�rernr�nenk�l �igynciLs —����rised Qr.tol�Er 12, 20'!2 P.:ge � Uf 15 7,2.3 Until the User Acknowledgement Form required in Clause 7:2.1 is obtained, a Government Subscriber's Individual User is prohibited from accessing, using or disseminating Court Data Services, Court Records or Court Documents, when available. The access, use or dissemination of . Court Data Services, Court Records or Court Documents by a Government . Subscriber's Individual User that has not completed a User Acknowledgement Form as required in Clause 7.2.1 is a violation of this Agreement. 7.2.4 Government Subscriber shall lceep all such written acknowledgements on file while this Agreement is in effect and for one (1) year following the termination of this Agreement. Governrnent Subscriber shall promptly provide the Court with access to, and copies of, such acknowledgements upon request. 7.2.5 The User Acknowledgment Forms are incorporated herein by reference. 8. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Agreement, subject to the terms and conditions hereof, the Court, with the permission of the SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Court Records and Court Documents, when available. SCAO and the Court reserve the right to make modifications to the Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Government Subscriber. These modifications shall be treated in all respects as their previous counterparts. 8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of SCAO and its licensors. 8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects , and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of SCAO and its licensors. 8.3 Marks. Government Subscriber shall neither have nor claim any right, title, ar interest in or use of any trademark used in connection with Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." 8.4 Restrictions on Duplication, Disclosure, and Use. 8,4.1 Trade secret information of SCAO and its licensors will be treated by Government Subscriber in the same manner as Court Confidential Information. In addition, Government Subscriber will not copy any part Ivi�ster Subscriber Agreem�nf for Minnesota Ccurt Data Services far Gover��mentaf Agenci�s — Revised C}ctober 12, 2012 Page 9 of 15 of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of SCAO or its licensors, in any way or for any purpose not specifically and expressly authorized by this Agreement. As used herein, "trade secret information of SCAO and its licensors" means any information possessed by SCAO which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of SCAO and its licensors" does not, however, include information which was known to Government Subscriber prior to Government Subscriber's receipt thereof, either directly or indirectly, from SCAO or its licensors, information which is independently developed by Government Subscriber without reference to or use of information received from SCAO or its licensors, or information which would not qualify as a trade secret under Minnesota law. 8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up to one (1) copy of training materials and configuration documentation for each individual authorized to access, use, or configure Court Data Services, solely for its own use in cannection with this Agreement. 8.4.3 Government Subscriber will take all steps reasonably necessary to pratect the copyright, trade secret, and trademark rights of SCAO and its licensors and Government Subscriber will advise Government Subscriber's Individual Users who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of SCAO and its licensors, of the restrictions upon duplication, disclosure and use contained in this Agreement. 8.5 Proprietary Notices. Government Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of SCAO and its licensars, or any part thereof, made available by SCAO or the Court, and Government Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of SCAO and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Government Subscriber by SCAO or the Court, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. 8.6 Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, made available by the Court and SCAO to Government Subscriber hereunder, and � all copies, including partial copies, thereof are and remain the property of the respective licensor. Within ten days of the effective date of termination of this Agreement, Government Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data M�st2r S�fk�scriber Agr�ement ior Minnesr�ta Court Data S�rvires f�r Gave.rilirienEa{ F�g�ncies — Revisecl �ct�t�er 12, �012 t'age �i 0 c,fi 15 . .. ...__. . . . .. . . . _.._.. - ........ ..._.. . .. . i Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information; or (2} destroy the same and certify in writing to the Court that the same have been destroyed. 8.7 Reasonable Security Measures. The Court may add reasonable security measures including, but not limited to, a time-out feature, to Court Data Services Programs. 9. INJITNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the Court, SCAO, SCAO's licensors, and DCA will be irrepaxably harmed if Government Subscriber's obligations under this Agreement are not specifically enforced and that the Court, SCAO, SCAO's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Government Subscriber of its obligatfons. Therefore, Government Subscriber agrees that the Court, SCAO, SCAO's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific � performance for any actual or threatened violations ar breaches by Government Subscriber or Government Subscriber's Individual Users without the necessity of the Court, SCAO, SCAO's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Government Subscriber is an office, officer, agency, deparhnent, division, or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court, SCAO, SCAO's licensors, and DCA for reasonable attorney's fees incurred by the Court, SCAO, SCAO's licensors, and DCA in obtaining any relief pursuant to this Agreement. 10. COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except . as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereo£ Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Covernment Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber is a political subdivision of the state of Minnesota, liabiliTy of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. 11. AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices. The Court reserves the right to terminate this Agreement immediately and/or temporaxily suspend Government Subscriber's approved Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. Monthly fees, if any, � shall be prorated only for periods of suspension or upon termination of this Agreement. 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber set forth in this section are in addition to the other obligations of the Government Subscriber set forth elsewhere in this Agreement. 12.1 Judicial Policy Statement. Government Subscriber agrees to comply with alI policies identified in applicable Policies & Notices. Upon failure of the ��t�ster Subscr[ber f�greernenf for tVlir7nesota Cc�urt Data 5ervices for Gavernmentaf Agencies —��vised October 12, 2Q'12 Page 11 of 15 i Government Subscriber to comply with such policies, the Court shall have the i option of immediately suspending or terminating the Government Subscriber's ' Court Data Services on a temporary basis and/or immediately terminating this Agreement. 12.2 Access and Use; Log. '; 12.2.1 Government Subscriber shall be responsible for all access to and use of Court Data Services, Court Records, and Court Documents by Government Subscriber's Individual Users or by means of Government Subscriber's equipment or passwords, whether or not Government Subscriber has knowledge of or authorizes such access and use. 12.22 Government Subscriber shall also maintain a log identifying all persons to whom Government Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Government Subscriber shall maintain such logs while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such logs upon request. 12.23 The Court may conduct audits of Government Subscriber's logs and use of Court Data Services, Court Records, and Court Documents from tirne to time. Upon Government Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.3 Personnel. Government Subscriber agr.ees to investigate, at the request of the Court, allegations of misconduct pertaining to Government Subscriber's Individual Users having access to or use of Court Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Recards. Government Subscriber agrees to notify the Court of the results of such investigation. _ 13. FEES; INVOICES; FEES DURING PILOT PROGRAM. 13.1 Fees and Invoices. Applicable monthly fees commence ten (10) days after notice of the Court's approval of this Agreement or upon the initial Government Subscriber transaction as defined in the Policies & Notices, whichever occurs eaxlier. When fees apply, the State shall invoice Government Subscriber on a monthly basis for charges incurred in the preceding month and applicable t�es, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within thirty (30) days of the date of the invoice, the Court may immediately cancel this Agreement without notice to Government Subscriber and pursue all available legal remedies. Government Subscriber certifies that funds have been appropriated for the payment of charges under this Agreement for the current fiscal year, if applicable. t���ster Subscriber Agre�me�Y fqr Minneso�a Caurt Data Services ��r Gav�; ni�€7�nta1 A�encies — R�vised v�:tobtr 12. 2Q'f 2 Page � 2 af 15 13.2 Fees During Pilot Program. During the initial phase of the access to Court Documents pilot program, the State will not charge Government Subscriber for - access to Court Documents. The State may charge Government Subscriber for access to Court Documents at a later date. 14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty (30) days from the publication of the Policies & Notices. Government Subscriber shall have the option of accepting such changes or terminating this Agreement as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. 15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARR�INTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR , ARE ANY WARRANTIES TO BE IMPLIED, WITH RESFECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. 15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF INFORMATION. WITHOUT LIMITING THE GENER.ALITY OF THE PRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAlNED 1N THE COURT RECORDS. THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR. 16. RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, SCAO, SCAO'S licensors, or DCA. Neither Government Subscriber nor the Court, SCAO, SCAO'S licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or modification of fees, any notice to Court or Government Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) - hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by either Party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to �+tasfer Sul�scriber /�qreenient for �.�innesc�ta Cou�t Data 5ervices for Govern�»ental Agencies — Revised Oc#ober 12, 2012 Page 13 af 15 exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either Party shall not be deemed a continuing waiver, hut shall apply soleiy to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal ar otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other. This Agreement sha11 be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any corporation or other legal entity into, by or with which Govemment Subscriber may be merged, acquired or consolidated or which may purchase the entire assets of Government Subscriber. 22. GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted, construed and enfarced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Agreement, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Government Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Agreement sets forth the entire Agreernent and understanding . between the Parties regarding the subject matter hereof and supersedes any prior representations, s"tatements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. Except as otherwise expressly provided in Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14 regaxding fees, any amendments or modifications to this Agreement shall be in writing signed by both Parties. 25. MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Government Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided under this Agreement; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal �iaster 5ubscriber �igreement for Minnesota Court D�fa Services for G�vemn7ental Agencies — R�uised October 12, 2012 Page 14 of 15 � law; and (4} these applicable restrictions must be followed in the appropriate circumstances. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement in duplicate, intending to be bound thereby. 1. GOVERNMENT SUBSCRIBER 2. THE COURT Government Subscriber must attach documented verification of authority to sign on behalf of and bind the entity, such a council resolution, board authority or legally binding decision maker and attach same as Exhibit C. � By ```. ',-�:., � By (SIG ) (SIGNATURE) Date �'`� - �/ -%�, Date Name (typed) Thomas Lawell Name (typed} Mark Moare Title City Administrator Title CIO/Director Information Technology Division of State Court Office City of Apple Valley Office Administration il�laster �ubscriber Agreen��nt for (�/iinn�;sota Gaur4 Data Services for G4v�rnmentai A�encies — R�,vised Octabee 1�, 2G12 � Page 15 of 15 ... �.-� L ::: : . .... ..... City of AppVa�� ey MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: Jeff Kehrer, Natural Resources Coordinator DATE: December 27, 2012 SUBJECT: JOINT POWERS AGREEMENT FOR THE WETLAND HEALTH EVALUATION PROGRAM Attached is a Joint Powers Agreement (JPA) between the City of Apple Valley and Dakota County for the annual Wetland Health Evaluation Program (WHEP). The current JPA has been in effect since January l, 2009, and will expire December 31, 2012. The proposed JPA is also a multi-year JPA which will be effective January 1, 2013, through December 31, 2016. The City has participated in the WHEP since 1998 to monitor Apple Valley wetlands. Each year Public Works staff selects strategic wetlands for monitoring, typically three or four, based on various reasons such as land development, water quality studies, and installed projects. Macro- invertebrates and aquatic plants are collected from each wetland and identified by volunteers who are led by a trained team leader. The resulting data indicates general wetland health based on species presence or absence, and species diversity. Dakota County administrates the program and provides training for team leaders and volunteers. City staff assists with recruiting volunteers and participates in training and field sessions. Funding for the WHEP program in the amount of $2,700 is provided in the 2013 operating budget for the Storm Drainage Utility (5505-6249). The City Attorney's office has reviewed the proposed 2013-2016 WHEP Joint Powers Agreement document. Recommended Action: Approve the 2013-2016 Wetland Health Evaluation Program Joint Powers Agreement with Dakota County for monitoring Apple Valley wetlands. JK:af Attachments Dakota County Contract #GR00389 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE ClTY OF APPLE VALLEY FOR THE WETLAND HEALTH EVALUATION PROGRAM The parties to this Agreement are the County of Dakota, a political subdivision of the State of Minnesota (County} and the City of Apple Valley, a governmental and political subdivision of the State of Minnesota (City). This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. § 471.59. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE 7he purpose of this Agreement is to facilitate the analysis of wetlands located with the City through the Dakota County Wetland Health Evaluation Program (WHEP), which is coordinated and managed by the County, to obtain data and other information to assist both parties in performing their responsibilities under the Minnesota Wetland Conservation Act. SECTION 2 TERM Notwithstanding the date of the signatures of the parties, the term of this Agreement shall commence on January 1, 2013, and shall continue in full force and effect until December 31, 2016, unless earlier terminated by law or according to the provisions of this Agreement. SECTION 3 COOPERATION The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 4 EXERCISE OF POWERS The parties to this Agreement agree that the County shall administer the funds collected hereunder and disburse these funds for expenses incurred by WHEP. SECTION 5 POWERS AND DUTIES OF THE COUNTY 5.1 The County shall administer the WHEP funds on behalf of the City. 5.2 The County shall senre as fiscal agent for the funds collected hereunder. The County shall establish and maintain such funds and accounts as may be required by good accounting practices. 5.3 The County may apply for and accept gifts, grants, loans and money, other property or assistance from federal or state agencies, or any other person to carry out the WHEP in Dakota County. 5.4 The County may use funds to hire and retain a monitoring coordinator, a non-profit agency, consulting firms and such other personnel as may be needed to provide the services contemplated under this Agreement. Notwithstanding the foregoing, the parties agree that WWEP is a volunteer based program and that data coAection shall be performed solely by volunteers trained by the County. All volunteers participating in the WHEP shall be considered agents of the County and not agents of the City. SECTION 6 FUNDING On or before March 31 each year of the term of this Agreement, the County shall provide to the City a complete WHEP fee schedule for that calendar year, including an itemization of the fee for anatyzing each wetland and the fee for performing a quality assurance recheck to enable the City to evaluate whether to participate in the WHEP for that year. If the City elects to participate in the WHEP for that year, the City shall notify the County and the County shall provide the services described herein. On or about July 1 of each year that the City elects to participate, the County shall submit an invoice to the City for the WHEP fees #or that year and the City shall remit payment to the County within 30 days after receipt of such invoice. SECTtON 7 WHEP TIMELINE The parties agree to the following timeline for each year of the term of this Agreement: Spring The County shall provide a WHEP fee schedule to the City and the City shall notify the County if the City elects to participate in the WHEP for that calendar year and identify the specific wetlands to be analyzed. Late Spring and Summer Trained volunteers shall collect data regarding the quantity and variety of plants and insects within each City designated wetland. A consultant hired by the County shall conduct a quality assurance recheck on one of the wetlands. Fall The consultant hired by the County shall compile and analyze the data collected for all wetlands within the City under the WHEP and prepare a written report on the same. Winter The County shall deliver to the City the consultant's written report and the data collected for all wetlands analyzed within the City. SECTION 8 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 9 AUTHORIZED REPRESENTATIVES AND LIAISONS 9.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Lynn Thompson or successor, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 2 TO THE CITY: Mary Hamann-Roland or successor, Mayor City of Ap�le Valley 7100 147 St. W. Apple Valley, MN 55124 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division,1560 Highway 55, Hastings, Minnesota 55033. 9.2 LIAISONS. To assist the pa�ties in the day-to-day perFormance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison City Liaison Paula Liepold Jeff Kehrer Telephone: (952) 891-7117 Telephone: (952) 953-2461 Email: paula.liepold@co.dakota.mn.us Email: jkehrer@ci.apple-valley.mn.us SECTION 10 TERMINATION Either party may terminate this Agreement at any time upon 90 days written notice to the other party. SECTION 11 GENERAL PROVISIONS 11.1 COMPLIANCE WITH LAWS/STANDARDS. The City and the County agree to abide by all federal, state or ►ocal laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible. 11.2 EXCUSED DEFAULT — FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to pertorm due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 11.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the County and the City. 11.4 RECORDS RETENTION AND AUDITS. Each party's bonds, records, documents, papers, accounting procedures and practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject to review by the Comptroller General of the United States and his or her approved representative. Following termination of this Agreement, the parties must keep these records for at least six years or longer if any audit-in- progress needs a longer retention time. 3 11.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the authorized representatives of the County andthe City. 11.6 ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. Said consent may be subject to conditions. 11.7 GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minn. Stat. ch. 13. 11.8 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 11.9 MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 11.10 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: DAKOTA COUNTY JLe�� /a l3 �013 gy A sistant ounty Att rney/Date Lynn Thompson, Director KS-12-286-001 Physical Development Division County Board Res. No. 12-579 Date of Signature: CITY OF APPLE VALLEY By Mary Hamman-Roland, Mayor Date of Signature: By Mary Hamman-Roland, Mayor Date of Signature: . 4 :::. M i •���• � v 7� , • •��• •N = City of AppVa��e y MEMo Public Works Department TO: Mayor, City Council, and City Administrator FROM: Carol Blommel Johnson�blic Works Superintendent DATE: December 27, 2012 SUBJECT: CONTRACT FOR 2013 WATER TREATMENT CHEMICALS — CHLORINE, HYDROFLUOROSILICIC ACID AND CAIROX POTASSIUM PERMANGANATE On December 14, 2012, quotes were received for Water Treatment Chemicals. Hawkins, Inc., submitted the low quote for chlorine, hydrofluorosilicic acid and CAIROX potassium permanganate. Hawkins, Inc., has provided chemicals to the City in the past. The cost of chlorine, hydrofluorosilicic acid and CAIROX potassium permanganate utilized in the water treatment process is based on unit pricing, the aggregate of which is estimated to be $57,000. Funding for water treatment chemicals is included in the proposed 2013 Public Works Utilities Division operating budget. Comnanv Chemical Quotes CAIROX Hydrofluorosilicic Chlorine Chlorine Potassium E�Cld (Ton) (150 Pound Cylinder) pepndrig�Tlate (55 Pounds) Hawklns, Inc. $3.29 per Gallon $429 per Ton $60 per Unit $184.25 per Unit DPC Industries, Inc. $3 .51 per Gallon $485 per Ton $150 per Unit No Quote Recommended Action: Approve Contract with Hawkins, Inc., for 2013 Water Treatment Chemicals, AV Project 2013-110, the aggregate is estimated to be $57,000. CBJ:cIg Attachments c: Todd Blomstrom, Public Works Director AGREEMENT FORM 2013 WATER TREATMENT CHEMICALS AV PROJECT NUMBER 2013-110 CITY OF APPLE VALLEY, MINNESOTA This Agreement ("Agreement") is made this 27th day of December, 2012, by and between, Hawkins, Inc., a corporation (hereinafter called the "CONTRACTOR"), and the City of Apple Valley, a Minnesota municipal corporation (hereinafter called the "OWNER") (Owner and Contractor are hereinafter called the "PARTIES"); WITNESSETH, that the OWNER and the CONTRACTOR, for the consideration hereinafter stated, agree as follows: 1. SERVICES TO BE PERFORMED The CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Contract Documents (identified in Section 8 of this Agreement) prepared by the Owner dated December 11, 2012, and made a part of this Agreement by reference, for the following improvement(s): 2013 WATER TREATMENT CHEMICALS AV PROJECT 2013-110 (the "Work") The CONTRACTOR shall do everything required of this Agreement and the Contract Documents. The CONTRACTOR shall make good, replace, and renew at its own cost and expense any loss or damage to said Wark and adjacent properties and facilities during the performance of the Work or prior to the final acceptance thereof by the OWNER, and shall be wholly responsible for the performance and completion of such Work. 2. COMPLETION DATE The CONTRACTOR shall commence Work under this Agreement within ten (10) calendar days after issuance of written Notice to Proceed and shall complete the Work in accordance with Technical Specifications of the Contract Documents. The CONTRACTOR shall notify the ENGINEER in writing of any and all causes of delay of such Work or any part thereof, within three (3) days of the beginning of such delay. 3. CHANGE ORDERS Any changes to the Work specified by this Agreement shall be made in writing and signed by the PARTIES. Only the Engineer will have the authority to initiate any change orders which must be submitted to the City Council for approval. No payment will be made for any claim for additional charges not processed in this manner. A-1 4. PAYMENT The OWNER shall pay the CONTRACTOR far the performance of this Agreement according to the Proposal Form, attached hereto, listing the schedule of approximate quantities and unit prices as set out in the Proposal Form of the Contract Documents submitted by the CONTRACTOR on December 14, 2012, the aggregate of which is estimated to be $57,000. 5. INSURANCE This Agreement shall be in full force and effect after execution hereof upon the filing and acceptance of the insurance documents as required in the Contract Documents. Said insurance documents shall be issued in accordance with the provisions of Section 4 of the General Conditions, thereby assuring that the OWNER has been named as an additional insured party on all such policies or has been provided separate insurance policies of the kind and amount stated therein. 6. INDEMNIFICATION The CONTRACTOR shall indemnify and hold harmless the OWNER and its officers, agents and employees from and against all claims, damages, losses or expenses, including attorney fees, which may be suffered or for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this Agreement by the CONTRACTOR, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. CONTRACTOR shall comply with all applicable laws and regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss. 7. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: CONTRACTOR has examined and carefully studied the Contract Documents; CONTRACTOR has visited the Project identified in the Contract Documents and become familiar with and is satisfied as to the general, local, and Project conditions that may affect cost, progress, and performance of the Work; CONTRACTOR is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work; and the CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work in accordance with the other terms and conditions of the Contract Documents. 8. CONTRACT DOCUMENTS The Contract Documents shall consist of the following component parts: A-2 A. The Contract (this Agreement) B. Information for Bidders C. General Conditions D. Technical Specifications E. Proposal Form F. Certificate of Insurance G. Addendum (s) H. Notice of Award L Change Orders J. Field Orders This Agreement, together with the documents hereinabove mentioned, form the Contract for the Work. 9. WHOLE AGREEMENT This Agreement embodies the entire agreement between the PARTIES including all prior understanding and agreements and may not be modified except in writing signed by all the PARTIES. A-3 EXECUTED as of the day and year written below. CITY OF APPLE VALLEY Date B Mary Hamann-Roland, Mayor Date And Pamela J. Gackstetter, City Clerk HAWHINS, INC. Date B Date And STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2012, by and , the and of , a [corporation/partnership], on behalf of the [corporation/partnership]. (Notarial Seal) � Notary Public A-4 � t PROPOSAL FORM 2013 Water Treatment Chemicals A ��'��� 2 � 1 � l �� CUSTOMER N0. 107428 C1TY OF APPLE VALLEY, MINNESOTA To the Ciry of Apple Valley: The undersigned, having studied the specifications, dated December 2 2, 2012, being familiar with tocal conditions, l�aving made the field insgc�tions aud investigations deeme� necessary, and being f�miliaz y� all factors and other conditions affecting the work and cost ttiereof, hereby P%Poses to furnish all labor, tools, materiais, skilis, �,uPment, and all else necessary to eomplexe AV Project 2UI3-11U, 2013 Water Trea�meent Chernicals. The undersigned Proposer understands the quantities of Work as shown herein are subj�t to increase or decrease, and proposes ta da the Work whett�er the quantities aze iacreased or deereased at the unit price s#ated in the following schedule of prices: The unit price as quoted shall canstitute compensation in fuli for the respective items, Ne. Item IInit Unit Tatal Price Price � Bulk Hydroflaorosilicic A�� Gallou $ 0.321/LB. $ 3.29/GAL. 2 TonClilarine Cylinder $0.2145/LB. $ 429.00/CYL. 3 ISOpoundsChlorine Cylinder $ 0.45/LB. $ 60.00/CYL. 4 55 pounds CA,IR43� Potassium Permanganate Pound $ 3. 35 /LB . $ 184 . 25 P-1 � p In submitting fhis bid it is understc�d the Owner retains the right to reject any and all quotes and ta waive irre • gulanties and infrnmalities therein and to award the contract in the best interest af �he City. In submitting this quate, it is undearstoad tha# payment will be by eheck, Date 12 / 13 / 12 Resp�c�fi�lly submitt�i, HAWKINS, INC. HAWKINS WATER TREATMENT GROUP - RR Name of Party Submitting Bid Signed By ,_ 1� �� • / VICE PRESIDENT Title THOMAS J. KELLER Printe� Name of Signer ATTN: CHEMICAL BID AND CONTRACT DEPT. 3100 EAST HENNE AVENUE Address MINNEAPOLIS, MN 55413 City, State & Zip Code 612-617-$621 (RACHEL HALBERSMA, BID & CONTRACT TelephoneNumber SPECIALIST) Cell Phone Number 612-617-8621 FAX Number rachel.halbersma@hawkinsinc.com Email Addxess P-2 �� ... �-�-. M . °2 .... ::• :• ... City of App�e Va��ey MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: Carol Blommel Johnson, Public Works Superintendent - Utilities DATE: December 27, 2012 SUBJECT: CONTRACT FOR AV PROJECT 2012-155, WELL 11 ELECTRICAL UPGRADES On December 20, 2012, quotes were received for Well 11 Electrical Upgrades. Master Electric Company, Inc., submitted the low quote of $18,888. The electrical upgrades generally consist of removing the electric and control panels from Well 11 (13764 Johnny Cake Ridge Road) and replacing them with the electric and control panels from Well 16 (14812 Florence Trail). Funding for the Well 11 Electrical Upgrades is included in the 2012 operating budget of the Public Works Utilities Division. A summary of the quotes for the electrical upgrades are listed below. Compan�ame Total uotation Automatic Systems Company $22,522 Master Electric $18,888 Ryan Electric. No Quote Received Recommended Action: Approve Contract with Master Electric Company, Inc., for AV Project 2012-155, Well 11 Electrical Upgrades, in the Amount of $18,888. CBJ:cIg Attachments c: Todd Blomstrom, Public Works Director Exhibit A BID TABULATION CITY PROJECT 2012-155 WELL 11 ELECTRICAL UPGRADES Automatic Systems Master Electric Ryan Electric ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. ITEM UNIT PRICE PRICE PRICE PRICE PRICE PRICE Removal and disposal of Well 11 j electric and control panel; removal, � trasnport and installation of Well 16 � electric and control panel; site � prepearation and restoration; I coordination with utiltiy and SCADA LUMP I � I 1 integrator; and start-up. SUM $22 ,522.00� $22, 522.00 $18,888.00 $18,8 No Quote No Quote - - ,, --_ --------- — � --- - --- _— TOTAL BID $22,522.00 $18,888.00 $0.00 S:\Projects�2012 Public Infrastructure Projects\2012-155 Well 11 Electrical Upgrades\Contract Documents\Bid Tab 2012- 155.x1s AGREEMENT FORM WELL ll ELECTRICAL UPGRADES AV PROJECT 2012-155 CITY OF APPLE VALLEY, MINNESOTA This Construction Agreement ("Agreement") is made this 27th day of December, 2012, by and between, Master Electrical Company, Inc., a corporation, (hereinafter called the "CONTRACTOR"), and the City of Apple Valley, a Minnesota municipal corporation (hereinafter called the "OWNER") (Owner and Contractar are hereinafter called the "PARTIES"); WITNESSETH, that the OWNER and the CONTRACTOR, for the consideration hereinafter stated, agree as follows: l. SERVICES TO BE PERFORMED The CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Contract Documents (identified in Section 8 of this Agreement) prepared by the Owner dated December 12, 2012, and made a part of this Agreement by reference, for the following improvement(s): WELL 11 ELECTRICAL UPGRADES AV PROJECT 2012-155 (the "Work") The CONTRACTOR shall do everything required of this Agreement and the Contract Documents. The CONTRACTOR shall make good, replace, and renew at its own cost and expense any loss or damage to said Work and adjacent properties and facilities during the performance of the Work or prior to the final acceptance thereof by the OWNER, and shall be wholly responsible for the performance and completion of such Work. 2. COMPLETION DATE The CONTRACTOR shall commence Work under this Agreement within ten (10) calendar days after issuance of written Notice to Proceed and shall complete the Work in accordance with Special Provisions to the General Conditions of the Contract Documents. The CONTRACTOR shall notify the ENGINEER in writing of any and all causes of delay of such Work or any part thereof, within three (3) days of the beginning of such delay. 3. CHANGE ORDERS Any changes to the Work specified by this Agreement shall be made in writing and signed by the PARTIES. Only the Engineer will have the authority to initiate any change orders which A-1 must be submitted to the City Council for approval. No payment will be made for any claim for additional charges not processed in this manner. 4. PAYMENT The OWNER shall pay the CONTRACTOR for the performance of this Agreement according to the Proposal Form, attached hereto, as set out in the Proposal Form of the Contract Documents submitted by the CONTRACTOR on December 20, 2012, the aggregate of which is to be $ 18,888. � 5. 1NSURANCE, PERFORMANCE BOND AND PAYMENT BOND This Agreement shall be in full force and effect after execution hereof upon the filing and acceptance of the insurance documents and the performance and payment bonds as required in the Contract Documents. Said insurance documents shall be issued in accordance with the provisions of Section 4 of the General Conditions, thereby assuring that the OWNER has been named as an additional insured party on all such policies or has been provided separate insurance policies of the kind and amount stated therein. The performance bond shall be enforceable by both the OWNER and any other municipality wherein any part of this Work may be performed. 6. INDEMNIFICATION The CONTRACTOR shall indemnify and hold harmless the OWNER and its officers, agents and employees from and against all claims, damages, losses or expenses, including attorney fees, which may be suffered or for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of this Agreement by the CONTRACTOR, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. CONTRACTOR shall comply with all applicable laws and regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss. 7. CONTRACTOR' S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: CONTRACTOR has examined and carefully studied the Contract Documents; CONTRACTOR has visited the Project identified in the Contract Documents and become familiar with and is satisfied as to the general, local, and Project conditions that may affect cost, progress, and performance of the Work; CONTRACTOR is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work; and the CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work in accordance with the other terms and conditions of the Contract Documents. A-2 8. CONTRACT DOCUMENTS The Contract Documents shall consist of the following component parts: A. The Contract (this Agreement) B. Information for Bidders C. General Conditions D. Special Provisions E. Proposal Form F. Payment Bond G. Performance Bond H. Certificate of Insurance I. Addendum (s) J. Notice of Award K. Change Orders L. Field Orders M. Drawings This Agreement, together with the documents hereinabove mentioned, form the Contract for the Work. 9. WHOLE AGREEMENT This Agreement embodies the entire agreement between the PARTIES including all prior understanding and agreements and may not be modified except in writing signed by all the PARTIES. A-3 EXECUTED as of the day and year written below. CITY OF APPLE VALLEY Date B Mary Hamann-Roland, Mayor Date �d Pamela J. Gackstetter, City Clerk MASTER ELECTRIC COMPANY, INC. Date B Date And STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2012, by and , the and of , a [corporation/partnership], on behalf of the [corporation/partnership]. (Notarial Seal) Notary Public A-4 PROPOSAL FORM WELL 11 ELECTRICAL UPGRADES AV PROJECT 2012-155 CITY OF APPLE VALLEY, MINNESOTA To the City of Apple Valley: The undersigned, having studied the Contract Documents, dated December 12, 2012, being familiar with local conditions, having made the field inspections and investigations deemed necessary, and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, skills, equipment, and all else necessary to complete the Well 11 Electrical Upgrades, AV Project 2012-155. The undersigned Proposer understands the quantities of Work as shown herein are subject to increase or decrease, and proposes to do the Work whether the quantities are increased or decreased at the unit price stated in the following schedule of prices. The unit price as quoted shall constitute compensation in full for the respective items. No. Item Unit Estimated Unit Total Quanti Price Price 1. Removal and disposal of Lump Well ll electric and sum 1 $ � � � �`� � , Q�' $ � � � ���,� , � � control panel; removal, transport and installation of Well 16 electric and control panel; site preparation and restoration; coordination with utility and SCADA integrator; and start � � Tota1 Quote $ � � ��, d � In submitting this quote; it is understood the Owner retains the right to reject any and a11 quotes and to waive irregularities and informalities therein and to award the contract in the best interest of the City. This is to acknowledge receipt of addenda numbered , , and In submitting this quote, it is understood that payment will be by check. P-1 Date � 2 � � � " � �-- Respectfully submitted, ����� ��L��� �� � Name of Pariy Submitting Quote Signed By ��r�,� - �vz�Y��v�� Title YtY1�e1�a�l � ����ZLt ��i:✓� Printed Name of Signer � �s�S 'hy, ';2�`� ��- s Address �C� ��R +�°t�� �5�7� City, State & Zip ode ''a( � �--- �' `� �J � � � � � Telephone Number �'}'i �- `� C � --- `� fc � � Cell Phone Number �c� �..--� --- '�c}� � FAX Number � � l� E�miCi�S��"� � ec`�'��- � ���1... Email Address P-2 :: : �-} . Nt. 3 :::. .... City of App�Wa��e y MEMo Information Technologies TO: Mayor, City Council, and City Administrator FROM: Nathan Bang, IT Manager DATE: December 21, 2012 � � SUBJECT: APPROVE CONTRACT FOR MICROSOFT LICENSING FROM SHI DISCUSSION Microsoft software plays a critical role in the operations of all City computers, servers, and networks. The City licenses software products from Microsoft to operate all desktop, laptop, and server operating systems, as well as provide key solutions for file and print services, directory and security management, email services, database management, and office productivity suites. The City's current three-year licensing agreement with Microsoft through the State of Minnesota is ending at the end of December, 2012. A new agreement negotiated by and made available through the State of Minnesota as part of a cooperative purchasing venture (CPV), gives the City of Apple Valley opportunity to continue utilizing and maintaining our various Microsoft software products. Recent changes in product adoption and utilization warrants a shift in licensing from device- based to user-based access into existing server solutions. Migrating to this licensing model will enhance the opportunities for employees to access content anywhere from any device. Remote access into the Exchange email server, for example, will enable improved accessibility from mobile computers, tablets, or smart phones. Attached is an enterprise agreement from Microsoft, through value added reseller SHI, for a three year agreement for software licenses and maintenance. Additionally, a true-up quote adds all required licensing counts to encompass our current number of servers, computers, and employees for software in use. In accordance with purchasing policy, the City is utilizing an approved contract in place through the State of Minnesota. The City Attorney's Office has reviewed the attached agreement and approves the form of the agreement, subject to minor language changes. It is recommended the City Council approve the agreement with SHI for the three-year licensing of Microsoft software products in use. ACTION REQUIRED A motion should be considered to approve the attached agreement with SHI for the three-year licensing of Microsoft software at an annual cost of $47,807.00, plus a one-time true-up licensing acquisition cost of $31,150.00, and authorize the Mayor and City Clerk to sign the required documents. � I��cra�s�� Volume Licensir�g Program Signature Form MBA/MBSA number 000-cgodfrey-S-687 Agreement number 01 E61724 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of #his form, "Customer" can mean the signing entity, Enroiied Af�tiate, Govemment Partner, 1n�#itu#ion, or other party entering info a valum� lic�nsing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. . �. •- . .•- <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code Enter rise Enrollment X20-01112 <Choose Enrolfinent/Re istration> Document Number or Code <Choose EnrollmenURe istration> Document Number or Code <Choose EnrollmenURe istration> Document Number or Code <Choose Enrollment/Re istration> pocument Number or Code Amendment W16 new Amendment M132 new Document Descri tion Document Number or Code Document Descri tion Document Number or Code Document Descri tion Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. . Name of Entity (must be legal entity name)* City of Apple Valley Signature* Printed First and Last Name* �ry Hamann—Roland � Printed Title* Mayor Signature Date" Tax ID " indicates required field ATTEST: 5tephanie Marschall, Deputy City Clerk ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Oct2012) Page 1 of 3 . . � Microsoft Licensing, GP Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Effective Date (may be different than Microsoft's signature date) Optional 2" Customer signature or Outsourcer signature (if applicable) . Name of Entity (must be legal entity name)* Signature* Printed First and Last Name" Printed Title* Signature Date* . " indicates required field � . Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title* Signature Date* " indicafes required field If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsok Licensing, GP Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Oct2012) Page 2 of 3 Prepared By: Name of Preparer Email of Preparer ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Oct2012) Page 3 of 3 Micr�asof�`# � Volume Licensing Enterprise Enrollment State and Local Enterprise Enrollment number Proposal ID (Microsoff to complete) Previous Enrollment number Earliest expiring previous (Resellerto completeJ $655089 Enrollment end date 12/31/12 1 If consolidating from multiple previous Enrollments with Soflware Assurance, complete the muitiple previous Enrollment form and attach it to this Enrollment. Enterprise Products can only be renewed from a Qualifying Enrollment. Additional Produds can be renewed from any previous Enrollmentwith Software Assurance. TMis Enroliment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as of the effective date identified in the signature form. Customer represents and warrants that it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified above. This Enrollment consists of (1) this document, (2) the terms of the Enterprise Agreement identified on the signature form, and (3) any supplemental contact information form or muitiple previous enrollment form that may be required. If Customer's Enterprise Agreement is a version 6.4 or earlier, the Desktop Terms and Conditions are incorporated by reference. All terms used but not definetl are located at http://microsoft.comllicensinq/contracts In the event of any conflict the terms of this agreement controL Effective date. If Customer is renewing Software Assurance from one or more previous Qualifying Enrollments, then the effective date wiH be the day after the first Enrollment expires. Otherwise the effective date will be the date this Enrollment is accepted by Microsoft. If renewing Software Assurance, the Reseller will need to insert the previous Enrollment number and end date in the respective boxes above. Term. This Enrollment will expire 36 full calendar months from the effective date. It could be terminated earlier or renewed as provided in the Microsoft Enterprise Agreement. Microsoft will advise Customer of the renewal op#ions before it expires. Product order. The Reseller will provide Customer with Customer's Product pricing and order. Prices and billing terms for all Products ordered will be determined by agreement between Customer and the Reseller. The Reseller will provide Microsoft with the order separately from this Enrollment. Qualifying systems Licenses. All desktop operating system Licenses provided under th�s program are upgrade Licenses. No full operating system Licenses are available under this program. If Customer selects the Desktop Platform or the Windows Desktop Operating System Upgrade & Software Assurance, all Qualified Desktops on which the Windows Desktop Operating System Upgrade must be licensed to run one of the qualifying operating systems identified in the Product List at http://microsoft.com/licensina/contracts. Note that the list of operating systems that qualify for the Windows Desktop Operating System Upgrade varies with the circumstances of the order. That list is more extensive at the time of the initial order than it is for some subsequent true-ups and system refreshes during the term of this Enrollment. For example, Windows XP Home Edition or successor Products are not qualifying operating systems. EA2009EnrGov(AOC)(US)SLG(ENG)(Ju12010) Page 1 of 4 Document X20-01112 1. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (") indicate required fields. By providing contact information, Customer consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at http://licensina.microsoft com. a. Primary contact information: The Customer of this Enrollment must identify an individual from inside its organization to serve as the primary contact. This contact is the default administrator for this Enrollment and receives all notices unless Microsoft is provided written notice of a change. The administrator may appoint other administrators and grant others access to online information. Name of entity (must be legal entity name)* City of Apple Valley Contact name* First Nathan Last Bang Contact email address* nbang@ci.apple-valley.mn.us Street address* 14200 Cedar Ave. City* Apple Valley State * MN Postal code* 55124 Country* USA Phone* 952-953-2514 Fax 952-953-2515 Tax ID (if applicable) b. Notices and online administrator: This individual receives ontine administrator permissions and thus may grant online access to others. TMis contact also receives all notices. � Same as primary contact Name of entity (must be legal entity name)* Contact name* First Last Contact email address* Street address* City* State * Postal code* Country* Phone* Fax ❑ This contact is a third party (not the Customer). Warning: This contact receives personally identifiable information of the Customer. c. Language preference: Select the language for notices. English d. Microsoft account manager: Provide the Microsoft account manager contact for this Customer. Microsoft account manager name: Microsoft account manager email address: e. If Customer requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact remains the default. • Additional notices contact • Software Assurance manager • 5ubscription manager • Online Services manager • Customer Support Manager (CSM) contact f. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, � No. EA2009EnrGov(AOC)(US)SLG(ENG)(Ju12010) Page 2 of 4 Document X20-01112 g. Reseller information Reseller company name* SHI International Corp Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset State * NJ Postai code* 08873 Country* USA Contact name * Phone* 888-764-8888 Fax 888-764-8889 Contact email address* MSTeam@SHl.com The undersigned confirms that the information is correct. Name of Reseller* SHI International Corp Signature* Printed name* Printed title* Licensing Specialist Date* Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with one another, Customer must choose a replacement. If Customer intends to change the Reseller, it must notify Microsoft and the former Reseller, in writing on a form provided at least 90 days prior to the date on which the change is to takE effect. The change will take effect 90 days from the date of Customer's signature. 2. Defining your Enterprise. Use this section to identify which A�liates are included in the Enterprise. Customer's Enterprise must consist of entire government agencies, departments or legal jurisdictit�ns, not partiai govemment agencies, departments, or legal jurisdictions. (Check only one box in this section ) � Only you (and no other affiliates) will be participating ❑ Customer and all Affiliates are included (excluding new Affiliates with which you consolidate in the future) ❑ The fol�owing Affiliates are excluded 3. Establishing Customer price /evel, The price level indicated in this section will be the price level for the initial Enrollment term for all Enterprise Products ordered and for any Additional Products in the same pool(s). The price level for any otherAdditional Products will be level "D". Qualified Desktops: Customer represents that the total number of Qualified Desktops in its Enterprise is, or will be increased to, this number during the initial 195 term of this Enrollment (This number must be equal to at least 250 desktops). EA2009EnrGov(AOC)(US)SLG(ENG)(Ju12010) Page 3 of 4 Document X20-01112 Qualified Users: Customer represents that the total number of Qualified Users in its Enterprise is, or will be increased to, this number during the initial term of this 305 Enrollment (This number must be equal to at least 250 users). �• . �. �� PI'IC@ I@V@I (for pools in which Qualified Qualified Desktop User Customer orders an Enterprise 250 to 2,399 q Product): D D 2,400 to 5,999 B 6,000 to 14,999 C Price level �ror Poois in wnicn Customer does not order an � 15,000 and above D Enterprise Product): 4, Enterprise Product orders. Customer must select a desktop platform or any individual Enterprise Product before it can order Additional Products. The CAL selection must be the same across the Enterprise. The components of the current versions of any Enterprise Product are identified in the Product List. . � .. . Please choose the Enrolled Affiliate's desktop option (Select 1): ❑ Enterprise Desktop with MDOP ❑ Enterprise Desktop � Professional Destctop with MDOP ❑ Professional Deskt�p ❑ Custom pesktop or Individual Enterprise Product Component(�): Select at least 1 component. (For futl platform, Windows Desk#ap, Q�ce, and Client Access License components must all be selected.) ❑ Windows Desktop (Includes Windows Desktop Operating System Upgrade and Windows VDA): <Select One> ❑ Office: Office Professional Plus ❑ Client Access License: <Select One> For any Client Access Licenses, please indicate whether licensing by Desktop or User: User Unless stated/indicated othennrise, Microsoft will invoice Customer's Reseller in 3 equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and thereafter on the anniversary of the Enrollment. All subsequent new Additional Products and true-ups are billed in fulL EA2009EnrGov(AOC)(US)SLG(ENG)(Ju12010) Page 4 of 4 Document X20-01112 Mac�s►afit� � Volume Licensing Enterprise Enrollment State and Local Supplemental Enterprise Agreement Terms and Conditions The following terms are required to update and supplement your license agreement to make it consistent with the current version of the Enterprise Agreement program and to allow for additional features and benefits which may or not have been available on the effective date of your license agreement. For example, these terms address the following: • your option to license some Client Access Licenses ("CALs") on a per user basis ("user- based CALs"), rather than on a per device basis, and some rights and obligations associated with user-based CALs; • terms relating to ordering and use of online services; • your right to order "step-up" licenses; and • your ability, in some jurisdictions, to arrange for customized payment terms. These terms and conditions amend your license agreement as it applies to this enrollment and any subsequent enrollments you or an enrolled affiliate enters into under it. It does not affect any prior enrollment already in existence. In the case of any conflict between these'terms-and conditions and the terms and conditions of your license agreement, these terms control. 1. Definitions. If your license agreement does not already include a definition #or "qualified users," the following definition of "qualified users" is added. In addition, if any references appear in your license agreement to the'"Core User CAL" or "Core CAL," those references will be deemed to refer to any us�r-based CALs, "online services" means the Microsoft-hosted services identifiied 'in the online services section of the Product Use Rights. "qualified user" means a person who (1) is a user of a qualified desktop or (2) accesses any server software or online services licensed within an enrolled affiliate's enterprise. It does not include a person who accesses the server software or online services solely under a license identified in the qualified user e�cemptio�ts in #he product list. 2. Terms relating to user-based CALs. a. Price levels where user-based CALs are ordered. When user-based CALs are ordered as an enterprise product, other than as part of the "platform," the price level for any enterprise products or additional products ordered from the server pool will be set based on the enrolled affiliate's initial number of qualified users, rather than its initial number of qualified desktops. Similarly, upon any renewal, if user-based CALs are renewed, other than as part of the "platform," the renewal price level for the server pool will be reset based on the number of the enrolled affiliate's qualified users at the time of renewal, rather than its number of qualified desktops. b. True-ups and update statements where user-based CALs are ordered. The section of your license agreement that addresses the obligation to place true-up orders and submit update statements is hereby modified to require that, where user-based CALs are ordered as an enterprise product, the enrolled affiliate must determine the number of qualified users in its enterprise and, where that number has increased, submit a true-up order for L&SA for its user-based CALs covering those additional qualified users. If the number of qualified users has not increased, the enrolled a�liate must confirm this fact on its update statement. EA(EADTTandCs)(US)SLG(ENG)(Oct2010) Page 1 of 2 At each anniversary, enrolled affiliate must submit either a true-up order or an update statement. This annual true-up order or update statement must be submitted between 60 days prior to, or 15 days following, the anniversary of the effective date of the enrollment to meet the annual true-up requirement. The third-year anniversary true-up order or update statement is due prior to, or upon the expiration date of, the enrollment term. While this annual true-up order or update statement are required to be submitted at the anniversary and upon enrollment expiration, an Enrolled Affiliate may also true-up more frequently and at any time during the term of the Enrollment. Our commitment to work with the enrolled affiliate in good faith to accommodate changes in the number of its qualified desktops by more than ten percent as a result of inergers, acquisitions or divestitures will also apply, if user-based CALs are ordered as an enterprise product, in cases where the number of its qualified users changes by more than ten percent. c. License grant for user-based CALs. The following clarifications are made to the section of your license agreement titled "License grant — what your enrolled affiliates are licensed to run," to account for user-based CALs: For CALs, your license grant is as follows: during the term, each qualified desktop (if device- based CALs have been ordered) or qualified user (if user-based CALs have been ordered) covered by the enrollment may access and use the associated server software. Regarding the number of perpetual licenses received for user-based CALs: When user-based CALs have been ordered as an enterprise product, and once the enrolled a�liate qualifies for perpetual licenses, the number of the enrolled affiliate's perpe#ual licenses for such CALs will be equal to the number of qualified users covered by the enro!lmertt, rather #han the number of qualified desktops: d. Placing renewal orders for user-based CALs. Upon renewal of an enr�tlmen#, if user- based CAL� were ordered as an en#erprise product, the renewat +�rder must include So3iware Assurance for such user-based CALs for the number of qu�lified user�s covered 6y the enrollment as of the date of renewaL At renewal, where applicable, the enroHed affriiate can elect to exchange user-based CALs for device-based CALs or vice versa. In that +event, the enrofled affiliate's renewal order must include L&SA for the number of qualified users or qualified desktops in excess of its current count. See the Product List for more information. �, �►7/1/1@ S@IVIC@S. Online services are provided as subscription services and are subject to the unique terms set forth in the Product Use Rights and the Product List. 4. Right to order "step-up" Licenses. If an already ordered product has multiple editions, an enrolled affiliate may migrate to the higher edition by ordering the applicable step-up. If step up details are included in an initial enrollment order, then the enrolled affiliate may step-up in accordance with the true-up process. If the step-up details are not included in the initial enrollment order, the enrolled affiliate may step-up by placing an order in the month the step-up is first run in accordance with the process set out for adding new additional products not previously ordered. EA(EADTTandCs)(US)SLG(ENG)(Oct2010) Page 2 of 2 Mi�+Q.st�ft• � Volume Licensing Enterprise Enroliment — State and Local Amendment ID W16 1. On the first page of the Enrollment, the following is added after the second paragraph: By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 250 or more Qualified Desktops; or (2) as a condition of entering into this Enrollment with 25-249 Qualified Desktops, Enrolled Affiliate has elected not to receive CD ROMs as part of the Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling with 25-249 Qualified Desktops and it would like to receive CD ROM Kits and updates, Enrolled Affiliate may order these through its Reseller for a fee. This Amendment may only be submitted against an existing Pre 2011 Enterprise Agreement and may not be contingent on submittal of a new Enterprise Agreement. 2. The section entitled "Establishing Customer price level," is hereby amended and restated in its entirety with the following: Estab/ish The Customer price /eve% The price level indicated in this section will be Customer's price level for the initial Enrollment term for all Enterprise Products Enrolled Affiliate orders and for any Additional Products in the same pool(s). Customer's price level for any otherAdditional Products will be level "D". Qualified Desktops: Enrofled Affiliate represents that the total number of Qualified Desktops in its Enterprise is, or will be increased to, this number during the initial term of this Enrollment (This number may be less than 250 desktops, butmustbe at ��� least 25 desktops). Qualified Users: Enrolled Affiliate represen#s that the total number of Qual�fed Users in its Enterprise is, or will be increased to, this number dUri►�g t#�e initralterm of this Enrollment (This number may be /ess than 250 users, but must 6e at least 25 305 users). .- . Qualified Qualified •- �• P�IC@ leV@I (for pools in which Desktop User Customer orders an Enterpnse 25fl to 2,399 : q Product): p D 2,400 to 5,999 g 6,000 to 14,999 C Price level (tor Poois in wnicn Customer does not order an Enterprise ' P[ICe (BV@I "�" Product : 15,000 and above p 3. Software Assurance renewal. Renewing Software Assurance: If customer will be renewing Enterprise Products � Software Assurance coverage from a separate agreement, check this box. By checking the above box, a new section is added to the Enrollment entitled "Software Assurance renewat." Enrolled Affiliate is permitted to and will include in its initial order under this Enrollment Software Assurance quantities from eligible Program's identified in the table below, even though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without simultaneously ordering a License. EAEnrAmend(Ind)(NA)(ENG)(Apr2012) Sub 250 Enterprise Enrollment y�/ W16 Page 1 of 2 Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be transferred separately from any Licenses received through the New Software Assurance. Any remaining payment obligations with respect to the underlying Licenses shall continue in effect. .. . .• . . �. - This am�ndrnent must be� att�ch�ci to a�ignatur� form ta be valid. EAEnrAmend(Ind)(NA)(ENG)(Apr2012) Sub 250 Enterprise Enrollment W W16 Page 2 of 2 Mic�st�ft� ( Vofume Licensing Enterprise Enrollment Amendment ID M132 Enrollment Number 000-cgOdfrey-5-687 This amendment ("Amendment") is entered into between the parties identified on the signature form for the Enrollment identified above ("EnrollmenY'). All terms used but not defined in this Amendment will have the same meanings provided in the Enrollment. The parties agree that the Enrollment is amended as follows: Customer normally would be required to sign a 2011 version of the Agreement and Enrollment, plus either the Online Services Supplemental Terms and Conditions or 2010 Master Agreement. As an accommodation, Microsoft agrees to allow Customer to renew while not meeting these criteria. Notwithstanding anything to the contrary, the Enrollment may not be renewed for an additional term. Prior to the expiration of the Enrollment, Customer will be advised by Microsoft of its renewal options. This Amendment shall automatically terminate upon any termination or expiration of the Enrollment. In addition, Microsoft shall have the right to immediately terminate this Enrollment in the event Customer breaches any obligation in this Amendment. Except for changes made by this Amendment, the Enrollment remains unchanged and in full force and effect. This Amendment must be �ttached to a aignature form to be valid. EnrAmend(VW�(ENG)(Mar2012) Enrollment Amendment R M132 Page 1 of 1 � �� ���'` � -„ Document Revision Authorization By signing below, you agree to allow the SHI Microsoft Contracts audit team to make necessary changes and minor revisions to your Microsoft Enrollment including, but not limited to: • Correcting typographical errors • Adding/changing enrollment numbers • Adding/changing amendment numbers Additionally, you acknowledge and consent that: • You will be notified of any change the SHI Microsoft Contracts team makes while submitting your Enrollment to Microsoft. • No alteration by the SHI Microsoft Contracts team will alter your terms and/or pricing for your Enrollment. Customer Name City of Apple Valley Customer Representative Signature Customer Printed Name and Title Mary Hamann—Roland, Mayor Date ATTEST: Stephanie Marschall, Deputy City Clerk . , , � � , , . . � .� . . . • ,.� , , • f�0 '�/, ��@8 . � � • • ' ♦ � � . $�00• ��e� Tz �'pt._.�-LC ���. City of App�e Valeey MEMO Public Works Department TO: Mayor, City Council, and City Administrator FROM: Carol Blommel Johnson, Public Works Superintendent - Utilities DATE: December 27, 2012 SUBJECT: CONTRACT FOR AV PROJECT 2012-158, 2012 SANITARY SEWER PIPE LINING On December 20, 2012, quotes were received for the 2012 Sanitary Sewer Pipe Lining. Insituform Technologies USA, LLC, submitted a quote of $77,146.40 based on unit pricing for end to end lining and Top Hat installation at each active service. Four sanitary sewer lines were identified during televising operations with significant defects, as well as inflow and infiltration. When defects exceed two or more repairs in a pipe section, end to end lining becomes a viable option to preserve the integrity of the entire pipe segment, and as a more economical solution. Funding for sanitary sewer lining is included in the 2012 operating budget of the Public Works Utilities Division. Upon receipt of the quotes, VEIT & Company discovered they did not include a significant bid item within their total quotation for the project. VEIT has subsequently withdrawn their quote from consideration. Pricing data received from VEIT indicates the quotation from Insituform is a competitive price for the specified scope of the project. A summary of the quotes for the sanitary sewer lining are listed below. Companv Name Total Quotation Insituform Technologies USA, LLC $77,146.10 Lametti & Sons, Inc. No bid received VEIT & Company, Inc. Bid Withdrawn Recommended Action: Approve Contract with Insituform Technologies USA, LLC, for AV Project 2012-158, 2012 Sanitary Sewer Lining, in the Amount of $77,146.10. CBJ:cIg Attachments c: Todd Blomstrom, Public Works Director Exhibit A BID i'ABUTATION GITY PR�JEGT 2012=958: 2012 SA►*lITARY SEWER P1PE LiNlN� VEIT CQNlPANY, ING. L�1M�T'T'1 & SC3NS, IN�. INSITUEt}RM ITEM lJPlIT TOTAL UNIT 1'QTAL IJNiT TQTAl. Nt}: !TE(Vt UNIT PR10E PR10E' PFtIGE PRICE` PRlGE PRICE' �CIPP End to End Sewer Pipe Lining' 1' �tUOTE WITHDRAWN awifh TQp Hat atActive Wye � (D�ES NOT [tdCLUDE' � Locetions for Servfce ! COST �F TQP HAT Reinstatemen#. ?' E INSTALL.A7'1{�Rt : ._.-�. �_ _— --=----�_ ._..__ .�__._._T : _ ��____ �._.� � • ; � � i � i 1 �3B0288 T0 3B0279 � 147'' FT $67.00 $9,849.Qfl Na Quote No C�uote $'l08.30 $'15,626.1� _ — �� � ---�,_ , ; : 2�3Bf}193 td 36Q192 ^__ �_ i i99� FT $52:00� $10,348.�0 __No Quote No Quote $93.�Q $18,586.6� -- � --- ._ �_..�. _ .-- ___... _ ; � ; —° � I ; �: � 3=3B4279 to 380278 ° 259� �T _ $46�OD� $1'l;914.�Q Na Quote � Na Quate $89 40 !$21,0$2.6t� �_.�._ _____m___�.._ _...__� ,1EDOS6ta1E0495 � 262; FT $44.0 $11;528.�0- NoQuat�� , _ I �_� i � � Np Quote $8�.40 �; $�1,850.8Q ____ -�_ r�_.__�;�_— ___� � . __.. � _:�� - �.�.. T_ � ' ' ' i TOTA[. R1� wii�s�RO,wN $43.639.Q0 $O�Oa= $77r146.10 S:tPinjects12�12 Public fnfrastructure Projecfs12012-158 Sanitary Sewer Pipe LininglContract pocurnentstBid Ta6 2Q92-158.xis AGREEMENT FOR,M 2012 SAltiihTARY SE��i �I�'� LYNYN� AV PFtOJECT 2012-158 CITY OF APPLE VALLEIF, MINNESOTA This Construcrian Agreemen� ("A.greement") is made thi� 27t1i day of �ecember, 2t�12, iay and between Insituform Teclanolagies USA, LLC, a corporatior�, (hereinafter called. the `<CONTRAGTOR"), and the City c�f Apple Valley, a Minnesota municipa� eQiporation (Iiereir�af�er called the "t?WI`�E�."} {C}wner and Cantrac#or ar� hereinaf�er called the 4G��1t��rL��')�:�. � . - . WI'I'rTESSETH, that. the QWNER: and the C4I�TTR.t�CT�R for the consic�erafion �ereinaf�er; stated, agree as followsa _ 1'. SEI�VIe�� TU BE PERFO�tMEI� _ The CQI�ITRACTC�R hereby cavenants and' ag��es to �er�`orn� and execu�e all'the pravisians of the Gantract Docut�en�s (identified in Sectzon $ of this :4.gree�nan�) prepared bx the (�wz�:er dated Dec�mber 1�F, 2t? 12, �ac� rnade a part of this A�reetnent l�y referen�e, for the �cillo�vin� impra�ement(s}: 2� 1 Z St�N�TARY SE�ER PIPE Z.INING AV PROJECT 2012-158 �the "Work") The �CC�ItTT`RACTC}R shall do everything irequired af thi� Agreement a�c� the Contract - I7acuments., The CONTRACTOR shall make good, rep�a�e, and r��ew at its own cost and expense any loss or damage to said Work ai�.d adjacent properties and faci�ities during the performance a�'the W€�rk or prior to the final acceptance thereof by the OWI�JER, aud sball be wliolly responsible for the perfo�mance and cornp�et�on of such Wflrk: 2. COiVIPLETIQN DATE The CONTRA�T4R shall cammence 't�Vork under this Agre�nen� within ten (1 fl) calendar days af�er issuance af' �w�ittert ?�Tot�ce to Proceed a�d shali complete the Wrrrle in accordance wi�h Special Provisions to the General Canditions of the Contract Dacuments, The CONTRACTOR shall notify the ENGIhTEER in writin� of any and a11 causes o� �e1a� af such Work or any part thereof, �vithin thre�; (3) days of the beginnin� of such dela�� 3. CHANGE Q12DERS Any changes to the: Work specified by'this Agreem�nt shalt be made in writzng and signed by the �A.RTIES. C7nly the Engineer wi1� have the autharity to initiat� any change orders whicl� A-1' nlust be submitted to the City Council for approval'. Na payment r�ill,be made fo�r any c�aiin ft�r additional charges not processed in this manner. 4. PA'�MENT The QWIVER shall pay th� CONT'RACT�R f'or the performanc� of' this Agreement accordin� to the Prc�posal Farm, attached h�reto, listing the schedule of approximate quantities and unit priees as set aut in the Propasal Form of the Contract. Documents submztted, t�y the CONTR.AGTOI�. on T?ecember 20, 2012, th� aggregate of which is estimated to be �77,14t�.10. 5: II�SII�NCE I'EfiFORMANCE B4ND AND PAYMENT B(J�D This Agreement shall be �n; full forc� and effect after executian: hereaf upon the filing and acceptance of the insurar�ce doctzrnents and tk�e performa��e arid pay�'nent bands as requireti in the Car�tract Documents. Said insurance documen�s s�Zall be issued in accardance witb� tl�� pravisicr�s' c�f Secfion 4 0€� the Gerieral Condi�io�s, ti�ereby assuring, that tl�� 4WNER has` been named as an additional insured part�+ on all such pol�cies or has been provided separate insurance pali�ies of the ki��c� and aFnount stated therein. T�c� perfcrrinance bonc� shall be enforceable, by bot� the 4WNEI� and an� other munieipality whe�rein �nny part af �liis Wor� �ay l�e p�rfarmed., _ 6. TNDEMNIFICATIbN - T�e CONTRAC'TOR shall indemnify �nd hold harmless the O'WNER and its a�'�c�rs, ageints and ernpl4yees from and against a1l claims damages, losses or expenses, i�cluding attorney fees, vvhieh may �e suffered or' for which they znay be held liable, arising out of or r.esulfing from the asse�on against them. of any c�aims, debts or' Qbligations in, cc�nse�uence c�f the performaz�ce af tlais Agreem�nt by the CONTRACTC}R, its employees, a�e�ts or subcontractors, whether or not eaused in par� by a party inciemnified liereunder.: CONTRA;CTQR shall c4mply vcriith all applicable l�ws and reguiations re�ating to tlae safety of persons or praperty, or #o the protectiox� af persons ar property from damage, inju�r, or Ioss. 7. CONTRACT`OR'S REPRESENTA'I'ION Tn order ta induce OWNER tt� enter infa fihis Agreement, CONTRACTDR �iakes Yhe: follo�ing representations; �QNTRACTOR has examineci and carefully studied t�Ze Contract Documents, CC}NTRACTpR has visited the Praje�t identified zz� the �ontract Documents, aszd become familiar with and is satisfied as to the general, lacal and Project eonditians #�at, �ay affect cost, progress, az�d perforinance of the Work;: CtONTRAGTC)R is familiar wit�; and is safiisfied as ta all' federal, �tate, and local laws and regulatians that may affect ccast, pragress, and performance of the Wark; and the CONTk�ACTOR daes not cansider that any further examinations, investiga�ians, explarations, tests, studies, or data are i�ecessary fax the perfarmance of tl�e Work in accordance with the ather terms anci conditions of the Cantracf Doeuments. A-2 8. C4NTRACT DQCUMENTS The Cantract Documents �hall cor�sist Qf th� following camponent parts:: A. The Co�itaract (this A�eement) B. In:formation for Bidders C. General Candztions _ D. Special Provisions E. Technical �pecificatipns F. Proposal Forrn G. Payment:Bozid H. Performance �ioncl _ I. Certi�cate af In:surance - 3. Addendum (s) I�. Notice of'Award L. C�Zange Q�•ders M.. 'Field Orders N. D�awings 'Thi� A.greement, toget�er rvitl� �e documents liereina6qve z�enti�ned, farin tt�e Contract far the Work, _ 9. W�I�LE AG�2.EENrENT This Agreement embodies the entire: agreemen� betwe�n the PA�t.TIES inclucling, all priar understariding and' agreements and may not be modi�Zed except in writing signecl by a11 the PARTiES. A-3 E�EGUTEI? as ofthe day and �+eaz vvritten below= �Y�'� ��'+ 1���1.� ��.�..�� Date �y Mary Hamanii-Roland, Mayor Date' And �'amela J. Gackstetter, City Clerlc INSITUFfDRIi'i TEC�EiNOLQGIES U�A, LL+C Date - �Y _ Date And' _ STATE C)F' � _ }: SS: COUNTY OF ) The faregcririg insirume�it was acknc�wledged befare me this day of , 201 �; by and , t�Ze and of > a [corporatian/partnership�, an hehalf of the [cor�aratian/�arkriershzp]. (Notarial Seal� Notary 1'ublic A-4 ... y .1�1. l .... ..... .... ... . City of App�e Va��ey MEMO Public Works Department TO: Mayor, City Council and City Administrator FROM: Colin G. Manson, City Engineer DATE: December 27, 2012 SUBJECT: FiNAL PAYMENT AND PROJECT FUNDING SOURCES FOR AV PROJECT 2012-101, 2012 STREET MAINTENANCE PROJECT Attached, please find the sixth and final payment for Apple Valley Project 2012-103, 2012 Street Maintenance Project. All public improvements associated with the project are complete and in acceptable condition to become public infrastructure of the City of Apple Valley. This final payment of $154,063.55 will close the contract with McNamara Contracting, Inc., and results in a total construction cost of $2,252,705.77, 5.3% under the contract amount. Final cost and funding for the project is summarized below. Expenses As Awarded Final 2012 Street Resurfacing $ 330,563.00 $ 291,062.74 Utility Break Repairs $ 30,973.00 $ 65,334.90 Full Depth Pavement Replacement $1,888,984.00 $1,772,729.70 Ring Route Concrete Maintenance $ 57,922.00 $ 62,220.70 Municipal Center Parking Lot Maintenance $ 47,085.00 $ 38,976.88 Whitney Drive Cross Walk Improvements $ 12,138.00 $ 12,008.85 Heritage Park Trail Resurfacing $ 10,840.00 $ 10,372.00 Preliminary Geotechnical Exploration $ 7,500.00 $ 7,582.50 Admin, Engineering, Legal, Testing $ 251,000.00 $ 215,874.81 Construction Contingency $ 135,000.00 $ 0.00 Total Estimated Cost $2,772,005.00 $2,476,163.08 Fundin� As Awarded Final Road Improvement Fund $ 560,000.00 $ 468,654.42 Water Utility $ 410,000.00 $ 343,121.99 Sanitary Sewer Utility $ 410,000.00 $ 343,121.99 Storm Drainage Utility $ 230,000.00 $ 192,483.07 Municipal State Aid $ 950,000.00 $ 950,000.00 Park Bond Referendum $ 12,000.00 $ 11,400.85 Future Capital Improvements Fund $ 200,005.00 $ 167,380.76 Total Estimated Funding $ 2,772,005.00 $2,476,163.08 Total project expenses fall within the preliminary project estimate of $2,772,005.00. Recommended Action: Approve Acceptance and Final Payrnent on Contract with McNamara Contracting, Inc., for Apple Valley Project 2012-101, 2012 Street Maintenance Project, in the Amount of $154,063.55 for a Contract Total of $2,252,705.77. CGM:jcb Attachment c: Todd Blomstrom PAYMENT VOUCHER NO. 6 AND FINAL f 2012 STREET MAINTENANCE PROJECT CITY PROJECT NO. 2012-107 For Period Ending: 10-1-2012 Th�ough 12-7-2012 OWNER: CONTRACTOR: City of Apple Valley Contractor Name McNamara Contracting 7100 147th Street West Contractor Address 16700 Chippendale Ave Apple Valley, MN 55124 City, State, Zip Rosemount, MN 55068 Telephone Na Amount of Contract: $2,378,504.80 Change Order - None 0.00 Total Amount $2,378,504.80 Contract Value Less Amount of Work 0 Less Net Account Per Resolution Certified Percent Previous Amount Number No. 2012-82 To Date Retained Payments Due Street - MSA 2027 $950,000.00 $950,000.00 $0.00 $902,500.00 $47,500.00 Street ' 2o2�-ss�o-zot2to�R $1,269,545.65 $1,113,792.44 $0.00 $1,027,625.64 $86,166.80 Street-MunicipalCenter zo2�-6810-2012�0�R $47,085.50 $38,976.88 $0.00 $36,749.73 $2,227.15 Street - Whitney Dr Cross Walk 2027-6810-2012101R $12,138.50 $12,008.85 $0.00 $10,218.53 $1,790.32 Street - Ring Route Maint. zo2�-68�o-2oi2�o�R $57,922.15 $62,220.70 $0.00 $59,109:67 $3,111.03 Water 5360-6810-2012101W $30,973.00 $65,334.90 $0.00 $52,889.26 $12,445.64 Parks a9ao-sa�o-zo�2lotP 10 840.00 $10.372.00 0.00 9 549.40 822.60 Subtotal $2,378,504.80 $2,252,705.77 $0.00 $2,098,642.23 $754,063.54 Total $2,378,504.80 $2,252,705.77 $0.00 $2,098,642.23 $154,063.54 �ate: /� ' ��"/� /�,� �� � �!� � "� City Engineer �,,,,..------""' Date: /2 ' /y' I L A• Pu ic Works irector .. ��� �� �� Owner: Cit of A le Vaile , 7100 W. 147th St., A le Valie , MN 55124 Date: December 12, 2012 ,��+�� �scs = For Feriod: 10/1i12 to 12/1i12 Re uest No: SANDFINAL ��"��� Contractor. McNamara Contractin inc., 16700 Chi endale Avenue, Rosemount, MN 55068 ������ CONTRACTOR'S REQUEST FOR PAYMENT 2012 Street Maintenance Project Project File No. 2012-101 SUMMARY 1 Original Contract Amount $ $2,378,504.80 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Confract Amount $ 2,378,504.80 5 Value Completed to Date $ 2,252,705.77 6 Material on Nand $ 0.00 7 Amount Eamed $ 2,252,705.77 8 Less Retainage 0% $ 0.00 9 Subtotal $ 2,252,705.77 10 Less Amount Paid Previously $ 2,098,642.22 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 6ANDFINAL $ 154,063.55 Approved by Contractor: Approved by Owner: McNamara ontracti CITY OF APPLE VALLEY � %�'r�/�� Date Mary Hamann-Roland, Mayor Approved By Public Works: Date CITY OF APPLE VALLEY �%`•�. �•� �/ ��_ Attest: Pamela J. Gackstetter, City Clerk j,�' " /�'�-` �� Date Date 2012-10'I Request for Payment#6DRAFT.xIs Contract Unit Current Quantity Amount Na Item Unit Quantity Price Quantity to Date to Date PART 1 - S.A.P. 186-103-01� 1 MOBILIZATION LS 1 $70,000.00 1.00 $70,000.00 2 REMOVE CURB AND GUTTER LF 1,645 $6.00 -92.5 1592.50 $9,555.00 3 REMOVE CONCRETE VALLEY GUTTEF SF 900 $4.00 884.96 $3,539.84 4 REMOVE CONCRETE PEDESTRIAN RAMF SF 250 $2.50 288.00 $720.00 5 REMOVE CONCRETE WALK OR DRIVEWAY SF 150 $2.50 0.00 $0.00 6 REMOVE BITUMINOUS WALK OR DRIVEWAY SY 1,980 $2.50 459.36 $1,148.40 7 REMOVE BITUMINOUS PAVEMENT SY 29,900 $10.00 1390.36 31778.04 $317,780.40 8 REMOVE CASTING EA 2 $100.00 4.00 $400.00 9 SAWING CONCRETE PAVEMENT LF 26 $2.00 10.00 $20.00 10 SAWING BITUMINOUS PAVEMENT LF 370 $1.00 626.00 $626.00 11 COMMON EXCAVATION (EV) CY 20,700 $0.01 20700.00 $207.00 12 PREMIUM TOPSOIL BORROW (LV) CY 170 $25.00 962.00 $4,050.00 13 SELECT GRANULAR BORROW (CV) TN 21,750 $0.01 21750.00 $217.50 AGGREGATE BASE CLASS 5 FOR TRAILS, 14 WALKS AND DRNES TON 90 $15.00 52.88 154.01 $2,310.15 15 AGGREGATE BASE CLASS F TON 21,750 $9.50 18690.50 $177,559.75 16 MILL BITUMINOUS SURFACE (1.5"; SY 45 . $14.00 91.66 $1,283.24 17 MILL BITUMINOUS SURFACE (2.0"; SY 940 $4.00 897.22 $3,588.88 18 MILLBITUMINOUS SURFACE (3.0"; SY 2,235 $3.00 2963.33 $8,889.99 19 BITUMINOUS MATERIAL FOR TACK COAI GL 1,650 $8.00 450 3750.00 $30,000.00 20 TYPE SP 19.0 NON WR CRS MIX (3,F) 3" THICK TN 725 $70.00 2 764.49 $53,514.30 TYPE SP 12.5 WEAR CRS MIX (2,6) TRAIL 21 PATCHING TN 360 $60.00 117.46 $7,047.60 22 TYPE SP 12.5 WEAR CRS MIX (3,F) 1.5" THICK TN 6,425 $40.00 143.35 5777.78 $231,111.20 TYPE SP 19.0 NON WR CRS MIX (3,F) 2.5" 23 THICK TN 4,225 $40.00 70.15 3464.74 $138,589.60 24 TYPE SP 12.5 WEAR CRS MIX (3,F) 2.0" THICK TN 120 $80.00 7.98 154.30 $12,344.00 TYPE SP 12.5 WEAR CRS MIX (2,B) 1.5" THICK 25 TRAIL OVERLAY TN 1,000 $40.00 -115.8 732.64 $29,305.60 26 MODULAR BLOCK RETAINING WALL SF 300 $25.50 180.75 $4,609.13 27 FINE FILTER AGGREGATE (LV; CY 30 $15.00 159.56 $2,273.40 28 4" PERFORATED PE PIPE DRAIN LF 700 $11.50 1604.00 $18,446.00 29 CONNECT INTO DRAINAGE STRUCTURE EA 12 $500.00 14.00 $7,000.00 2012-101 RequestforPayment#6DRAFT.xIS � Contract Unit Current Quantity Amount Na Item Unit Quantity Price Quantity to Date to Date 30 RECONSTRUCT DRAINAGE STRUCTURE LF 34 $145.00 34.05 $4,937.25 31 CASTING ASSEMBLY, TYPE R3290VE EA 2 $775.00 4.00 $3,100.00 32 SALVAGE AND INSTALL CASTINC EA 34 $600.00 29.00 $17,400.00 33 4" CONCRETE SIDEWALK SF 150 $5.50 0.00 $0.00 34 CONCRETE CURB AND GUTTER, DESIGN B61f LF 1645 $18.00 -92.5 1592.50 $28,665.OQ 35 7" CONCRETE VALLEY GUTTEF SY 100 $75.00 98.33 $7,37475 36 PEDESTRIAN CURB RAMF SF 300 $7.00 328.00 $2,296.00 37 TRUNCATED DOME PANEL SF 64 $33.00 64.00 $2,112.00 38 MICROWAVE VEHICLE DETECTOR EA 5 $1,600.00 4.00 $6,400.00 39 TRAFFIC CONTROL LS 1 $68,000.00 1.00 $68,000:00 40 NMC LOOP DETECTOR 6' X 6' EA 24 $940.00 24.00 $22,560.00 41 ADJUST HANDHOLE EA 11 $300.00 2 2.00 $600.00 42 WATER GAL 65080 $0.06 16270.00 $976.20 43 SILT FENCE MACHINE SLICEC LF 775 $3.00 0.00 $0.00 44 STORM DRAIN INLET PROTECTIO� EA 19 $300.00 18.00 $5,400.00 45 SEEDING AC 0.4 $1,300.00 0.84 $1,092.00 46 SEED MIXTURE 260 LB 40A $3.00 84.00 $252.00 47 EROSION CONTROL BLANKET CATEGORY 1 SY 1936 $1.00 4092.00 $4,092.00 48 FERTILIZER TYPE � LB 120 $1.00 252.00 $252.00 49 COMPOST, GRADE 2 CY 170 $23.00 162.00 $3,726.00 50 PAVT MSSG (LT ARROW) PAINT EA 33 $44.00 34.00 $1,496.00 51 PAVT MSSG (RT ARROW) PAINT EA 4 $44.00 4.00 $176.00 52 4" DOUBLE SOLID LINE YELLOW-PAINT LF 3550 $0.30 301.5 3735.00 $1,120.50 53 4" BROKEN LINE WHITE-PAINT LF 660 $0.15 -40 620.00 $93.00 54 4" BROKEN LINE YELLOW-PAINT LF 1000 0.15 1180.00 $177.00 55 4" SOLID LINE WHITE-PAINT LF 7900 $0.15 392.5 7452.00 $1,117.80 56 4" SOLID LINE YELLOW-PAINT LF 4700 $0.15 9.5 4739.00 $710.85 57 12" SOLID LINE WHITE-PAINT LF 590 $1.10 771.00 $848.10 58 24" STOP LINE WHITE-PAINT LF 195 $1.65 141.50 $233.48 59 24" SOLID LINE YELLOW-PAINT-HATCH LINE LF 500 $1.65 38.5 436.00 $719.40 2012-101 Request for Payment#6DRAFT.xis . Contract Unit Current Quantity Amount Na Item Unit Quantity Price Quantity to Date to Date TOTAL PART 1- S.A.P. 18&103-01: $7,322,064.30 PART 2- GARRETT AVE - FDPF 60 MOBILIZATION LS 1 $40,000.00 1.00 $40,000.00 61 REMOVE CURB AND GUTTER LF 430 $6.00 471_00 $2,826.00 62 REMOVE CONCRETE VALLEY GUTTEF SF 605 $4.00 739.73 $2,958.92 63 REMOVE CONCRETE PEDESTRIAN RAMF SF 1,235 $2.00 652.05 $1,304.10 64 REMOVE CONCRETE WALK OR DRIVEWAY SF 275 $2:00 0.00 $0.00 65 REMOVE BITUMINOUS WALK OR DRIVEWAY SY 20 $15.00 24.62 $369.30 66 REMOVE BITUMINOUS PAVEMENl SY 11,450 $10.00 97.22 11578.00 $115,780.00` 67 REMOVE CASTING EA 1 $100.00 0.00 $0.00 68 REMOVE GATE VALVE BOx EA 1 $700.00 0.00 $0.00 69 SAWING CONCRETE PAVEMENT LF 74 $2.00 81.00 $162.00 70 SAWWG BITUMINOUS PAVEMENT LF 185 $1.00 243.00 $243.00 71 COMMON EXCAVATION (E� CY 6,680 $0.01 6680.00 $66.80 72 PREMIUM TOPSOIL BORROW (LV) CY 16 $26.00 10.50 $273.00 73 SELECT GRANULAR BORROW (CV) CY 8,500 $0.01 8500.00 $85.00 74 AGGREGATE BASE CLASS � TON 5,650 $9.50 4935.88 $46,890.86 75 MILL BITUMINOUS SURFACE (0.75"; SY 1,335 $1.00 109.28 1120.00 $1,120.00 76 BITUMINOUS MATERIAL FOR TACK COA1 GL 760 $8.00 180 940.00 $7,520.00 77 TYPE SP 19.0 NON WR CRS MIX (3,F) 3" THICK TN 2,225 $40.00 71.23 1954.24 $78,169.60 TYPE SP 12.5 WEAR CRS MIX (2,6) STREET 78 PATCHING TN 120 $50.00 -4.13 20.00 $1,000.00 79 TYPE SP 12.5 WEAR CRS MIX (3,F) 2.0" THICK TN 1,500 $40.00 38.84 1388.84 $55,553.60 TYPE SP 12.5 WEAR CRS MIX (3,F) 1" THICK 80 STREET OVERLAY TN 235 $72.50 247.45 $17,940.13 81 FINE FILTER AGGREGATE (LV; CY 20 $15.00 25.29 $379.35 82 4" PERFORATED PE PIPE DRAIN LF 400 $12.00 300.00 $3,600.00 83 CONNECT INTO DRAINAGE STRUCTURE EA 6 $500.00 4.00 $2,000.00 84 ADJUST GATE VALVE EA 2 $500.00 2 2.00 $1,000.00 85 VALVE BOX EA 1 $1,300.00 0.00 $0.00 86 RECONSTRUCT DRAINAGE STRUCTURE LF 17 $145.00 15.40 $2,233.00 2012-101 RequestforPaymenl#6DRAFT.xIs � - � Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 87 CASTING ASSEMBLY, TYPE R3290VE EA 1 $775.00 0.00 $0.00 88 SALVAGE AND INSTALL CASTING EA 17 $600.00 16.00 $9,600.00 89 4" CONCRETE SIDEWALK SF 520 $5.50 0.00 $0.00 90 CONCRETE CURB AND GUTTER, DESIGN 661f LF 430 $17.80 471.00 $8,383.80 91 7" CONCRETE VALLEY GUTTEF SY 95 $72.00 109.72 $7,899.84 92 PEDESTRIAN CURB RAMF SF 1620 $7.00 577.00 $4,039.00 93 TRUNCATED DOME PANEL SF 156 $33.00 96.00 $3,168.00 94 TRAFFIC CONTROL LS 1 $33,000.00 1.00 $33,000.00 95 WATER GAL 6285 $0.11 2540.00 $279.40 96 SILT FENCE MACHINE SLICEC LF 400 $3.00 0.00 $0.00 - 97 STORM DRAIN INLET PROTECTIO� EA 13 $300.00 0.00 $0.00 98 SEEDING AC 0.06 $4,000.00 0.03 $120.00 99 SEED MIXTURE 260 LB 6.0 $3.00 3.00 $9.00 100 EROSION CONTROL BLANKET CATEGORY 1 SY 280 $1.05 115.00 $120.75 101 FERTILIZER TYPE � LB 18 $1.00 9.00 $9.00 102 COMPOST, GRADE 2 CY 16 $26.00 10.50 $273.00 103 PAVT MSSG (LT ARROW) PAINT EA 7 $44.00 10.00 $440.00 104 4" DOUBLE SOLID LINE YELLOW-PAIN7 LF 2875 $0.30 3064.50 $919.35 105 4" SOLID LINE WHITE-PAINT LF 610 $0.15 822.00 $123.30 106 12" SOLID LINE WHITE-PAINT LF 320 $1.10 524.50 $576.95 107 24" STOP LINE WHITE-PAINT LF 75 $1.65 139.00 $229.35 TOTAL PART 2- GARRETT AVE - FDPF $450,665.40 PART 3- UPPER 136TH STREET - OVERLAI 108 MOBILIZATION LS 1 $12,000.00 1.00 $12,000.00 109 REMOVE CURB AND GUTTER LF 375 $6.00 36 220.00 $1,320.00 110 REMOVE CONCRETE WALK OR DRIVEWAY SF 200 $3.00 229.30 $687.90 111 REMOVE BITUMINOUS WALK OR DRIVEWAY SY 18 $20.00 0.00 $0.00 112 REMOVE BITUMINOUS PAVEMENl SY 670 $4.00 789.75 $3,159.00 113 REMOVE CASTING EA 1 $100.00 0.00 $0.00 2012-101 Request for Payment#6DRAFT.xIS � . . Contract Unit Current Quantity Amount Na Item Unit Quantity Price Quantity to Date to Date 114 REMOVE GATE VALVE BOX EA 1 $700.00 1.00 $700.00 115 SAWING CONCRETE PAVEMENT LF 20 $2.00 3 23.00 $46.00 116 SAWING BITUMINOUS PAVEMENT LF 16 $1.00 0.00 $0.00 117 PREMIUM TOPSOIL BORROW (LV) CY 17 $33.00 2.50 $82.50 AGGREGATE BASE CLASS 5 FOR TRAILS, 118 WALKS AND DRIVES TON 5 $15.00 0.00 $0.00 119 MILL BITUMINOUS SURFACE (075"; SY 2,920 $1.00 455 2851.00 $2,851.00 120 MILL BITUMINOUS SURFACE (1.0"; SY 55 $7.00 32.80 $229.60 121 BITUMINOUS MATERIAL FOR TACK COAI GL 320 $8.00 245.00 $1,960.00 TYPE SP 12.5 WEAR CRS MIX (2,B) STREET 122 PATCHING TN 215 $50.00 128.90 $6,445.00 TYPE SP 12.5 WEaR CRS MIX (2,B) 1" THICK 123 STREET OVERLAY TN 405 $55.00 440.02 $24,201.10 124 FURNISH AND WSTALL I&I BARRIEF EA 1 $225.00 1.00 $225.00 125 ADJUST GATE VALVE EA 1 $500.00 0.00 $0.00 126 VALVE BOX EA 1 $1,300.00 1.00 $1,300.00 127 RECONSTRUCT DRAINAGE STRUCTURE LF 14 $145.00 4.60 $667.00 128 CASTING ASSEMBLY, TYPE R3290VE EA 1 $775.00 0.00 $0.00 129 SALVAGE AND INSTALL CASTINC EA 14 $600.00 9.00 $5,400.00 130 4" CONCRETE SIDEWALK SF 100 $5.50 0.00 $0.00 131 CONCRETE CURB AND GUTTER, DESIGN D41� LF 375 $16.10 29 220.00 $3,542.00 132 PEDESTRIAN CURB RAMF SF 360 $7.00 168.54 $1,179.78 133 TRUNCATED DOME PANEL SF 64 $33.00 40.00 $1,320.00 134 TRAFFIC CONTROL LS 1 $7,500.00 1.00 $7,500.00 135 WATER GAL 6510 $0.11 1212.00 $133.32 136 SEEDING AC 0.06 $4,OOOAO 0.01 $48.00 137 SEED MIXTURE 260 LB 6.0 $3.00 1.22 $3.66 138 EROSION CONTROL BLANKET CATEGORY 1 SY 290 $1.05 202.8 256.80 $269.64 139 FERTILIZER TYPE � LB 18 $1.00 3.64 $3.64 140 COMPOST, GRADE 2 CY 17 $26.00 2.50 $65.00 141 GRASS PAVER SY 25 $125.00 16.00 $2,000.00 142 12" SOLID LINE WHITE-PAINT LF 70 $4.00 68.00 $272.00 143 24" STOP LINE WHITE-PAINT LF 15 $5.50 15.00 $82.50 2012-101 Request for Payment#6DRAFT.xIs � Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date TOTAL PART 3- UPPER 136TH ST - OVERLAI $77,693.64 PART 4- 157TH STREET - OVERLAl 144 MOBILIZATION LS 1 $20,000.00 1.00 $20,000.00 145 REMOVE CURB AND GUTTER LF 650 $6.00 16 501.00 $3,006.00 146 REMOVE CONCRETE WALK OR DRIVEWAY SF 900 $2.00 873.00 $1,746.00 147 REMOVE BITUMINOUS PAVEMENl SY 1,000 $4.00 1050.00 $4,200.00 148 REMOVE CASTING EA 1 $100.00 1.00 $100.00 149 REMOVE GATE VALVE BOX EA 1 $700.00 5.00 $3,500.00 150 SAWING CONCRETE PAVEMENT LF 90 $2.00 101.00 $202.00 151 PREMIUM TOPSOIL BORROW (LV) CY 25 $26.00 7.00 $182.00 AGGREGATE BASE CLASS 5 FOR TRAILS, 152 WALKS AND DRIVES TON 25 $15.00 9.55 9.55 $143.25 153 MILL BITUMINOUS SURFACE (2.0"; SY 9,610 $5.00 28 9968.00 $49,840.00 154 BITUMINOUS MATERIAL FOR TACK COA1 GL 480 $8.00 575.00 $4,600.00 TYPE SP 12.5 WEAR CRS MIX (2,B) STREET 155 PATCHING TN 320 $5D.00 308.98 $15,449.00 TYPE SP 12.5 WEAR CRS MIX (2,F) 2.25" THICK 156 STREET OVERLAY TN 1,375 $40.00 1112.56 $44,502.40 TYPE SP 9.5 BIT MIXTURE FOR TIGHT BLADE 157 LEVELING TN 170 $40.00 35.87 $1,434.80 158 ADJUST GATE VALVE EA 3 $500.00 1.00 $500.00 159 VALVE BOX EA 1 $1,300.00 5.00 $6,500.00 160 RECONSTRUCT DRAINAGE STRUCTURE LF 29 $145.00 12.38 $1,795.10 161 CASTING ASSEMBLY, TYPE R3290VE EA 1 $775.00 1.00 $775.00 162 SALVAGE AND INSTALL CASTING EA 29 $600.00 22.00 $13,200.00 163 CONCRETE CURB AND GUTTER, DESIGN B61E LF 650 $18.00 16 501.00 $9,018.00 164 PEDESTRIAN CURB RAMF SF 900 $7.00 109.7 695.00 $4,865.00 165 TRUNCATED DOME PANEL SF 180 $33.00 144.00 $4,752.00 166 TRAFFIC CONTROL LS 1 $21,000.00 1.00 $21,000.00 167 WATER GAL 9760 $0.10 2900.00 $290.00 168 SEEDING AC 0.09 $4,000.00 0.03 $120.00 169 SEED MIXTURE 26a LB 9.0 $4.00 3.00 $12.00 170 EROSION CONTROL BLANKET CATEGORY 1 SY 435 $1.05 250.00 $262.50 2012-101 Request for Payment#6DRAFT.xIs � Contract Unit Current Quantity Amount Na Item Unit Quantity Price Quantity to Date to Date 171 FERTILIZER TYPE � LB 27 $1.00 9.00 $9.00 172 COMPOST, GRADE 2 CY 25 $26.00 7.00 $182.00 173 4" DOUBLE SOLID LINE YELLOW-PAINT LF 1620 $0.30 1686.00 $505.80 174 4" SOLID LINE WHITE-PAINT LF 3135 $0.15 3591.00 $538.65 175 CROSS WALK MARKING-PAINT SF 126 $1.10 126.00 $138.60 TOTAL PART 4- 157TH STREET - OVERLAI $213,369.10 PART 5- MUNICIPAL CENTER IMPROVEMENT: 176 MOBILIZATION LS 1 $5,000.00 1.00 $5,000.00 177 REMOVE CURB AND GUTTER LF 40 $14.00 0.00 $0.00 178 REMOVE CONCRETE PEDESTRIAN RAMF SF 80 $2.00 54.72 $109.44 179 REMOVE BITUMINOUS WALK OR DRIVEWAY SY 256 $8.50 8 264.00 $2,244.00 180 SAWWG CONCRETE PAVEMENT LF 52 $2.00 55.00 $110.00 181 SAWING BITUMINOUS PAVEMENT LF 535 $1.00 16 546.00 $546.00 182 COMMON EXCAVATION (EV) CY 70 $15.00 56.90 $853.50 AGGREGATE BASE CLASS 5 FOR TRAILS, 183 WALKS AND DRIVES TON 95 $15.00 9.46 $141.90 184 MILL BITUMINOUS SURFACE (1.0"; SY 1,945 $1.50 1851.50 $2,777.25 185 BITUMINOUS MATERIAL FOR TACK COA1 GL 95 $8.00 150.00 $1,200.00 TYPE SP 12.5 WEAR CRS MIX (2,B) STREET 186 PATCHING TN 90 $75.00 -4.13 24.17 $1,812.75 TYPE SP 12.5 WEAR CRS MIX (2,B) 1.25" THICK 187 PARKING LOT OVERLAY TN 150 $65.00 7.98 141.92 $9,224.80 188 CONCRETE CURB AND GUTTER, DESIGN B61f LF 40 $18.00 0.00 $0.00 189 7° CONCRETE VALLEY GUTTEF SY 166 $63.00 167.40 $10,546.20 190 PEDESTRIAN CURB RAMF SF 80 $7.00 54.72 $383.04 191 TRUNCATED DOME PANEL SF 20 $33.00 16.00 $528.00 192 TRAFFIC CONTROL LS 1 $3,500.00 1.00 $3,500.00 TOTAL PART 5- MUNICIPAL CTR IMPROV $38,976.88 PART 6- WHITNEY DRIVE CROSS WALN 193 MOBILIZATION LS 1 $2,500.00 1.00 $2,500.00 194 REMOVE CURB AND GUTTER LF 40 $14.00 51.00 $714.00 2012-101 Request for Payment#6DRAFT.xIS � . - Contract Unit Current Quantity Amount Na Item Unit Quantity Price Quantity to Date to Date 495 REMOVE CONCRETE WALK OR DRIVEWAY SF 50 $2.00 133.50 $267.00 196 SAWING CONCRETE PAVEMENT LF 10 $2.00 10.00 $20.00 197 COMMON EXCAVATION (EV) CY 15 $45.00 15.00 $675.00 198 PREMIUM TOPSOIL BORROW (LV) CY 2 $55.00 1.50 $82.50 AGGREGATE BASE CLASS 5 FOR TRAILS, 199 WALKS AND DRIVES TON 15 $15.00 4.3 11.33 $169.95 200 4" CONCRETE WALK SF 35 $5.00 35.00 $175.00 201 CONCRETE CURB AND GUTTER, DESIGN D41� LF 40 $17.00 40.00 $680.00 202 PEDESTRIAN CURB RAMF SF 180 $7.00 183.40 $1,283.80 203 TRUNCATED DOME PANEL SF 60 $33.00 36 60.00 $1,980.00 204 TRAFFIC CONTROL LS 1 $2,500.00 1.00 $2,500.00 205 WATER GAL 560 $0.55 196.00 $107.80 206 SEEDING AC 0.005 $50,000.00 0.00 $150.00 207 SEED MIXTURE 260 LB 0.5 $10.00 0.30 $3.00 208 EROSION CONTROL BLANKET CATEGORY 1 SY 25 $4.00 15.20 $60.80 209 FERTILIZER TYPE � LB 1.50 $2.00 1.00 $2.00 210 COMPOST, GRADE 2 CY 2 $55.00 1.50 $82.50 211 12" SOLID LINE WHITE-PAINT LF 85 $5.50 82:00 $451.00 212 24" STOP LINE WHITE-PAINT LF 20 $5.50 19.00 $104.50 TOTAL PART 6- WHITNEY DR CROSS WALi $12,008.85 PART 7- HERITAGE PARK - OVERLAI 213 MOBILIZATION LS 1 $2,000.00 9.00 $2,000.00 214 REMOVE BITUMINOIJS PAVEMENl SY 20 $25.00 6.70 $167.50 215 MILL BITUMINOUS SURFACE (0.75") SY 65 $9.00 0.00 $0.00 216 BITUMINOUS MATERIAL FOR TACK COAI GAL 30 $8.00 40 70.00 $560.00 TYPE SP 12.5 WEAR CRS MIX (2,B) TRAIL 217 PATCHING TN 5 $150.00 1.07 $160.50 TYPE SP 12.5 WEAR CRS MIX (2,B) TRAIL 218 OVERLAY TN 45 $100.00 52.19 $5,219.00 219 CASTWG ASSEMBLY, TYPE FORD A1 EA 1 $265.00 1.00 $265.00 220 TRAFFIC CONTROL LS 1 $2,000.00 1.00 $2,000.00 TOTAL PART 7- HERITAGE PARK OVERLA $10,372.00 2012-101 RequestforPayment#6DRAFT.xIS � � � Contract Unit Current Quantity Amount Na Item Unit Quantity Price Quantity to Date to Date PART 8- RING ROUTE MAWTENANCE 221 MOBILIZATION LS 1 $8,000.00 1.00 $8,000.00 222 REMOVE CURB AND GUTTER LF 28 $11.00 28.00 $308.00 223 REMOVE CONCRETE WALK OR DRIVEWAY SF 1,969 $2.25 1860.00 $4,185.00 224 REMOVE RETAINING WALL SF 330 $5.50 320.00 $1,760.00 225 REMOVE BITUMINOUS PAVEMENl SY 3 $110.00 7.72 $849.20 226 REMOVE GATE VALVE BOX EA 1 $700.00 1.00 $700.00 227 SAWING CONCRETE PAVEMENT LF 1,122 $3.50 1134.00 $3,969.00 TYPE SP 12.5 WEAR CRS MIX (2,B) STREET 228 PATCHING TN 3 $440.00 5.14 $2,261.60 229 MODULAR BLOCK RETAINING WALL SF 330 $29.00 320.00 $9,280.00 230 VALVE BOX EA 1 $1,300.00 1.00 $1,300.00 231 RECONSTRUCT DRAINAGE STRUCTURE LF 1 $145.00 0.30 $43.50 232 SALVAGE AND INSTALL CASTING EA 1 $600.00 1.00 $600.00 233 4" CONCRETE SIDEWALK SF 391 $4.40 391.00 $1,720.40 234 4" CONCRETE SIDEWALK SPECIAL - COLOREC SF 1578 $11.25 1888.00 $21,240.00 235 CONCRETE CURB AND GUTTER, DESIGN B61E LF 28 $18.00 28.00 $504.00 236 TRAFFIC CONTROL LS 1 $5,500.00 1.00 $5,500.00 TOTAL PART 8- RING ROUTE MAINTENANCI $62,220.70 PART 9- UTILITY PATCHING REPAIR: 237 REMOVE CURB AND GUTTER LF 50 $10.00 9 9.00 $90.00 238 REMOVE CONCRETE WALK OR DRIVEWAY SF 100 $7.00 185 185.00 $1,295.00 239 REMOVE BITUMINOUS PAVEMENl SY 110 $30.00 12 109.51 $3,285.30 240 SAWING CONCRETE PAVEMENT LF 50 $7.00 0.00 $0.00 241 SAWING BITUMINOUS PAVEMENT LF 400 $7.00 77 711.50 $4,980.50 242 COMMON EXCAVATION (EV) CY 20 $100.00 6 44.70 $4,470.00 243 SUBGRADE PREPARATION SY 110 $30.00 71.6 419.92 $12,597.60 AGGREGATE BASE CLASS 5 FOR TRAILS, 244 WALKS AND DRIVES TN 70 $15.00 5 5.00 $75.00 245 BITUMINOUS MATERIAL FOR TACK COA1 GL 6 $8.00 5 11.00 $88.00 2012-101 Request for Payment#6DRAFT.xIs Contract Unit Current Quantity Amount Na Item Unit Quantity Price Quantity to Date to Date TYPE SP 12.5 WEAR CRS MIX (2,6) STREET 246 PATCHING TN 35 $250.00 18.06 116.97 $29,242.50 247 CONCRETE CURB AND GUTTER, DESIGN D41� LF 25 $41.00 57.00 $2,337.00 248 CONCRETE CURB AND GUTTER, DESIGN B61E LF 25 $46.00 19.00 $874.00 249 TRAFFIC CONTROL LS 1 $6,000.00 1.00 $6,000.00 TOTAL PART 9- UTILITY PATCHING REPAIR: $65,334.90 TOTAL PART 1- S.A.P. 186-103-01! $1,322,064.30 TOTAL PART 2- GARRETT AVE - FDPF $450,665.40 TOTAL PART 3- UPPER 136TH ST - OVERLAI $77,693.64 TOTAL PART 4- 157TH STREET - OVERLAI $213,369.10 TOTAL PART 5- MUNICIPAL CTR IMPROV $38,976.88 TOTAL PART 6- WHITNEY DR CROSS WALF $12,008.85 TOTAL PART 7- HERITAGE PARK OVERLA $10,372.00 TOTAL PART 8- RING ROUTE MAINTENANCI $62,220.70 TOTAL PART 9- UTILITYPATCHING REPAIR; $65,334.90 ToT�, rxO,rECT $2,252,705.77 2012-101 RequestforPayment#6DRAFT.xIs � � � pROJECT PAYMENT STATUS OWNER CITY OF APPLE VALLEY Project File No. 2012-101 2012 Street Maintenance Project CONTRACTOR McNamara Contracting Inc CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY Na From To Payment Retainage Completed 1 05/01/2012 05/31/12 $420,405.91 $22,163.63 $442,532,54 2 06/01I2012 06/30/12 $352,466.47 $40,677.49 $813,549.88 3 07/01/2012 07/31/12 $480,189.46 $65,950.62 $1,319,012.46 4 08/01/2012 08/31/12 $675,669.64 $101,512.18 $2,030,243.67 5 09/01/2012 09/30/12 $169,910.74 $110,454.85 $2,209,097.07 6ANDFINAL 10/01/2012 12/01/12 $154,063.55 $2,252,705.77 Material on Hand Totaf Pa ment to Date $2,252,705.77 Ori inal Contract $2,378,504.80 Retaina e Pa No 6ANDFINAL Chan e Orders Total Amount Earned $2,252,705.77 Revised Contract $2,378,504.80 2012-101 Request for Payment#6DRAFT.xIs ... � � �, .... • ::�: ` City of App�e� , Va��ey MEMO Public Works Department TO: Mayor, City Council and City Administrator FROM: Colin G. Manson, City Engineer DATE: December 27, 2012 SUBJECT: FINAL PAYMENT AND PROJECT FUNDING SOURCES FOR AV PROJECT 2012-103, 2012 BITUMINOUS TRAIL FOG SEALING Attached, please find the second and final payrnent for Apple Valley Project 2012-103, 2012 Bituminous Trail Fog Sealing. All public improvements associated with the project are complete and in acceptable condition to become public infrastructure of the City of Apple Valley. 'This final payment of $471.68 will close the contract with Pearson Bros., Inc., and results in a total construction cost of $23,584.00. Final cost and funding for the project is summarized below. As Awarded As Final Ex enses Construction $ 32,696.00 $ 23,584.00 Construction Contingency $ 0.00 $ 0.00 Admin., Eng., Legal, Testing $ 2,500.00 $ 2,500.00 Total $ 35,196.00 $ 26,084.00 Final Fundin� Public Works Streets $ 31,696.00 $ 23,484.00 Park Bond Referendum $ 3,500.00 $ 2,600.00 Total Funding $ 35,196.00 $ 26,084.00 Total project expenses and funding falls within the preliminary project estimate of $35,196.00. Recommended Action: Approve Acceptance and Final Payment on Contract with Pearson Bros., Inc., for AV Project 2012-103, 2012 Bituminous Trail Fog Sealing, in the Amount of $471.68 for a Contract Total of $23,584.00. CGM:jcb Attachment c: Todd Blomstrom - , �=.� !� PAYMENT VOUCHER NO. 2 FINAL 2012 BITUMINOUS TRAIL FOG SEALWG CITY PROJECT NO. 2013-703 1 For Period Ending: 9-&2012 Through 11-30-2012 OWNER: CONTRACTOR: City of Apple VaHey Contractor Name Pearson Bros., Inc. 7100 147th Street West Contractor Address 11079 Lamont Ave NE Apple Valley, MN 55124 City, State, Zip Hanover, MN 55341 Telephone No. Amount of Contract: 32 696.00 Total Amount $32,696.00 Contract Value Less Amount of Work 2 Less Net Account Per Award Certified Percent Previous Amount Number To Date Retained Payments Due Street 2027-6810-2012103R 32 696.00 23 584.00 0.00 23112.32 71.68 Subtotal $32,696.00 $23,584.00 $0.00 $23,112.32 $471.68 Change Order - None $0.00 $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 TOtel $32,696.00 $23,584.00 $0.00 $23,112.32 $471.68 Date: �✓� /�'/,a''� I�r�'-�. ��^��.. City Engineer Date: �� • /Z � �Z— o� �• Pu� ic Works Dire or � � . ;�*."�.; Owner: C' of A le Valle 7100 W. 147th St. A le Vaile MN 55124 Date: November 30 2012 ���i � For Period: 9-8-12 to 11-30-12-2012 Re uest No: 2& Final �1"���'� Contractor: Pearson Bros. Inc. 11079 Lamont Avenue NE Hanover MN 55341 y CONTRACTOR'S REQUEST FOR PAYMENT 2012 Bituminous Trail Fog Sealing Project File No. 2012-103 SUMMARY 1 Original Contract Amount $ $32,696.00 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised ContractAmount $ 32,696.00 5 Value Completed to Date $ 23,584.00 6 Material on Hand $ 0.00 7 Amount Earned $ 23,584.00 8 Less Retainage 0% $ 0.00 9 Subtotal $ 23,584.00 10 Less Amount Paid Previousiy $ 23,112.32 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 $ 471.68 Approved by Contractor: Pearson Bros., Inc. �� +�'j�J\"s �c�--/ ��3� �� Date Approved By Public Works: CITY OF APPLE VALLEY �/� � � �s"� �/ /�� ` �� " ��. Date 2012-103 Request for Payment#2.bs e Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1- BITUMINOUS TRAIL FOG SEALIN( 1 FOG SEALING GAL 12,200 $2.68 8,800 8,800 $23,584.00 TOTAL PART 1- BIT TRAIL FOG SEALIN( $23,584.00 TOTAL PROJECT $23,584.00 2012-103 Requesl for Payment#'1.xls . PROJECT PAYMENT STATUS OWNER Project File No. 2012-103 2012 Bituminous Trail Fog Sealing CONTRACTOR Pearson Bros., Inc. CHANGE ORDERS No. Date Descri tion Amount Totai Chan e Orders PAYMENT SUMMARY Na From To Pa ment Retaina e Com leted 1 08/01/2012 09/07/12 $23,112.32 $471.68 $23,584.00 2 09/08/2012 11/30/12 $471.68 $23 584.00 Material on Hand Total Pa ment to Date $23,112.32 Ori inal Contract $32 696.00 Retaina e Pa No 2 471.68 Chan e Orders Total Amount Earned $23 112.32 Revised Contract $32 696.00 2012-103 Request for Payment#2.�ds :::. �l ..... — C. 0 .... City of A � pp Valley MEMO Human Resources/Payroll T0: City Administrator, Mayor and City Council FROM: Meli`s H{as, Human Resources Manager DATE: December 21, 2012 SUBJECT: 2013 Pay and Benefit Plan Each year, the City reviews the Pay and Benefit Plan and recommends changes and modifications if needed. The timeframe for presenting the Pay and Benefit Plan to you is typically the last council meeting in December in order to implement changes in the new payroll year. Staff has prepared the attached resolution for your consideration at your regular council meeting on December 27, 2012. Citv of Apple Vallev Pav and Benefit Plan The City's pay and benefit plan is designed to achieve the following objectives: • To establish and maintain pay opportunities that enable Apple Valley to attract and retain qualified, reliable, and motivated staff who are committed to the City's mission and objectives. • To follow the principles of comparable worth in establishing and maintaining pay relationships among positions based on knowledge and responsibility required to do the job. • To review and monitor the total compensation package in relation to internal and external equity. • To balance compensation and benefit needs with available resources. The pay system includes two components: annual range adjustment and the step system for movement through the range. Adjustments to ranges, if applicable, are approved on an annual basis. Progression within the range is based on time in position and performance. The pay and benefit plan covers all non-union regular full-time and part-time employees, retail liquar sales clerks, temporary/seasonal employees, and paid-on-call volunteer firefighters. 2013 Pav Plan Changes Following is a summary of the changes included in the attached resolution: Wages: Increase full-time, part-time, and firefighter pay ranges by 2.0% on 12/29/12. Firefighter Officer Stipends: Add 5 hours per month to maximum stipend for Chief Engineer, Station Captains, and Station Engineers. Add 3 hours per month to maximum stipend for Lieutenants. Eliminate stipend for Four Gas Monitor Coordinator. Uniform Allowance: Add initial issue and fair wear and tear replacement uniform allowance for Deputy Fire Chief/Training Officer. Car Allowance: Remove car allowance for Parks & Recreation Director. Add 24-hour usage of a city- owned vehicle for Deputy Fire Chief/Training Officer. Job Title Changes (No Financial Impact): Records Supervisor to Police Records Supervisor in grade 8. Recreation Supervisor II to Recreation Supervisor in grade 11. Associate City Planner to Planner in grade 14. Associate Planner is added to grade 11. Arena Building Lead Attendant to Facility Lead Attendant in grade PT03. Liquor Accounts Payable/Receiving Clerk to Liquor Accounting Clerk in grade PT04. Arena Building Supervisor, Building Supervisor, and Teen Center Supervisor to Facility Supervisor in grade PT05. Arena Office Supervisar to Office Supervisor in grade PT05. Food & Beverage Attendant I to Food & Beverage Attendant in grade A-1. Aquatic Center Attendant, Arena Attendant, Building Attendant, Concessions Attendant, Ice Guard, Golf Course Attendant, Outside Service Attendant, Redwood Attendant, and Warminghouse Attendant to Recreation Facility Attendant in grade A. Program Leader to Recreation Program Leader in grade B. Lead Arena Attendant and lead Building Attendant to Recreation Lead Attendant in grade C. AVFAC Office Supervisor to Aquatic Center Office Leader in grade D. Arena Building Assistant and Redwood Facility Supervisor to Recreation Facility Assistant in grade E. After School Instructor, Babysitting Instructor, Danceline Instructor, Pre-School Instructor, and Senior WSI/Instructor to Recreation Program Instructor in grade F. Basketball Supervisor to Recreation Program Supervisor in grade F. Program Coordinator to Recreation Program Coordinator in grade F. Valleywood Kitchen Manager to Food & Beverage Coordinator in grade G. Aerobic Director, Skating Director, and Tennis Director to Recreation Program Director in grade H. Assistant Skating Director to Recreation Program Assistant Director in grade H. Skating Instructor I& II to Lead Instructor I or II in grade H. Appendix I Seasonal Positions is renamed Appendix I Temporary Positions. Other Changes: Eliminate Human Resources Representative classification in pay scale 12. Move Human Resources/Payroll Technician in grade 6 to Human Resources Specialist in grade 7 due to a review of job functions. Move Deputy Fire Chief/Training Officer from grade 17 to grade 16. Move one Liquor Store Manager (Store 3) in grade 12 to Liquor Operations Assistant Director in grade 14 due to a review of job functions. Eliminate Food & Beverage Attendant II in grade A. Eliminate Tennis Assistant in grade A. Move Lead Food & Beverage Attendant in grade B to grade C. Move Tennis Instructor in grade C to Recreation Program Instructor in grade F. Move Concessions Supervisor, Field Supervisor and Golf Supervisar in grade E to Recreation Program Supervisor in grade F. Eliminate Erosion/Sediment Control Inspector in grade F. Add Food & Beverage Cook and Food & Beverage Supervisor in grade F. Action Requested: Staff recommends Council make a motion adopting the attached resolution approving the revised City of Apple Valley 2013 Pay and Benefit Plan. Funds sufficient to implement all the recommended changes are included in the City's adopted 2013 budget. Please feel free to contact me with any questions. CITY OF APPLE VALLEY RESOLUTION NO. 2012- A RESOLUTION APPROVING REVISED 2013 PAY AND BENEFIT PLAN WHEREAS, the purpose of this Resolution is to approve the 2013 pay and benefit plan for Schedule I, II, III, part-time, and temporary employees; elected officials; and paid-on-call firefighters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley as follows: 1. That, the City adjusts the pay scales for Schedule I, non-exempt positions and Schedules II and III, exempt positions, by 2.0% effective December 29, 2012. 2. That, the City adjusts the pay scales for part-time, non-exempt positions by 2.0% effective December 29, 2012. 3. That, the City adjusts the hourly rate for firefighters for call response, drills attended and duties assigned by the Fire Chief, by 2.0% effective December 29, 2012. 4. That, part-time retail liquor and seasonal pay scales are not adjusted. 5. That, for 2013, the annual uniform allowance for Fire Chief, Deputy Fire Chief/Training Officer, Fire Marshal, Fire Inspector, Building Inspector, Code Compliance Specialist, Natural Resources Coordinator, Water Quality Technician, Public Works Technician, Police Chief, Police Captain, and Police Records staff shall be initial issue and fair wear and tear replacement. 6. That, for 2013, the monthly car allowance amounts for designated administrative personnel are as follows: $385 for City Administrator; $275 for Cable Coordinator, Community Development Director, IT Manager, Public Works Director, Public Works Superintendents, and Public Works Supervisor. The Police Chief, Police Captains, Fire Chief, Deputy Fire Chief/Training Officer, Fire Marshal, and rotating Assistant Fire Chiefs shall be provided with 24-hour usage of a city- owned vehicle. 7. That, the following position title changes are made: Records Supervisor to Police Records Supervisor in grade 8. Recreation Supervisor II to Recreation Supervisor in grade 11. Associate City Planner to Planner in grade 14. Associate Planner is added to grade 11. Arena Building Lead Attendant to Facility Lead Attendant in grade PT03. Liquor Accounts Payable/Receiving Clerk to Liquor Accounting Clerk in grade PT04. Arena Building Supervisor, Building Supervisor, and Teen Center Supervisor to Facility Supervisor in grade PTOS. Arena Office Supervisor to Office Supervisor in grade PTOS. Food & Beverage Attendant I to Food & Beverage Attendant in grade A-1. Aquatic Center Attendant, Arena Attendant, Building Attendant, Concessions Attendant, Ice Guard, Golf Course Attendant, Outside Service Attendant, Redwood Attendant, and Warminghouse Attendant to Recreation Facility Attendant in grade A. Program Leader to Recreation Program Leader in grade B. Lead Arena Attendant and Lead Building Attendant to Recreation Lead Attendant in grade C. AVFAC Office Supervisor to Aquatic Center Office Leader in grade D. Arena Building Assistant and Redwood Facility Supervisor to Recreation Facility Assistant in grade E. After School Instructor, Babysitting Instructor, Danceline Instructor, Pre-School Instructor, and Senior WSI/Instructor to Recreation Program Instructor in grade F. Basketball Supervisor to Recreation Program Supervisor in grade F. Program Coordinator to Recreation Program Coordinator in grade F. Valleywood Kitchen Manager to Food & Beverage Coordinator in grade G. Aerobic Director, Skating Director, and Tennis Director to Recreation Program Director in grade H. Assistant Skating Director to Recreation Program Assistant Director in grade H. Skating Instructor I& II to Lead Instructar I or II in grade H. 8. That, the following miscellaneous changes are made: Eliminate Human Resources Representative classification in pay scale 12. Move Human Resources/Payroll Technician in grade 6 to Human Resources Specialist in grade 7 due to a review of job functions. Move Deputy Fire Chief/Training Officer from grade 17 to grade 16. Move one Liquor Store Manager (Store 3) in grade 12 to Liquor Qperations Assistant Director in grade 14 due to a review of job functions. Eliminate Food & Beverage Attendant II in grade A. Eliminate Tennis Assistant in grade A. Move Lead Food & Beverage Attendant in grade B to grade C. Move Tennis Instructor in grade C to Recreation Program Instructor in grade F. Move Concessions Supervisor, Field Supervisor and Golf Supervisor in grade E to Recreation Program Supervisor in grade F. Eliminate Erosion/Sediment Control Inspector in grade F. Add Food & Beverage Cook and Food & Beverage Supervisor in grade F. 9. That, the City of Apple Valley is committed to the principle of comparable worth and will continue to monitor and maintain equitable compensation relationships. However, the City also recognizes that it employs public safety personnel required to perform duties which may place them in a potentially life threatening situation and, therefore, the public safety personnel will be recognized by the City as a unique component within the total employee work force. 10. That, if any conflict exists between this Resolution and Chapter 34 of the City Code, this Resolution shall prevaiL 11. That, following each payroll period, the Payroll Coordinator shall make a Gross Payroll Report available to the Council. 12. That, staff is directed to prepare a 2013 Pay and Benefit Plan document incorporating the changes approved herein. ADOPTED this 27th day of December, 2012. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk PERSONNEL REPORT ` • � December 27, 2012 EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Last Pay Pay Pay Date Name Name Action Position Status Dept. Rate Type Scale (on or about) Kelly Branscomb Hire Clerical Assistant Seasonal 1015 $ 16.00 Hourly 1/14/2013 Accept Paid on Call Thomas Halter Resignation Firefighter Volunteer 1300 12/20/2012 Warming House Ethan Verdegan Rehire Attendant Seasonal 1900 $ 8.06 Hourly A 12/29/2012 City of Apple Valley Human Resources Page 1 of 1 �g� �{.Q.i ���� ����� �.�� ��� City of apPVall MEMO Administration TO: Mayor and City Council Members FROM: Tom Lawell, City Administr� DATE: December 20, 2012 SUBJECT: Modification of Starting Time for January 8, 2013 City Council Meeting DISCUSSION As the Council is aware, Will Branning will be retiring from public office on Tuesday, January 8, 2013. His retirement reception is being held that day from 5:00 to 8:00 p.m. at the Minnesota Zoo, and a program is planned to occur at 6:30 p.m. That same night at 7:00 p.m. the City Council is scheduled to hold its regular City Council meeting. In order to give the Council time to participate in the retirement program, it is suggested that we adjust the starting time of the City Council meeting moving it back to 8:00 p.m. on January 8�'. The meeting location remains unchanged and the meeting will be held at the Apple Valley Municipal Center. ACTION REQUIRED Should the Council wish to make this meeting time modification, a motion should be made to move the starting time of the January 8, 2013 City Council meeting from 7:00 p.m. to 8:00 p.m. �-I�. Q . 2 a+�e ase• e���� ���• �e� City of App�e Va��ey MEMO Administration TO: Mayor and City Council Members FROM: Tom Lawell, City Administra�(��� SUBJECT: Set Date for 2013 Goal Setting Session DATE: December 20, 2012 DISCUSSION As Council has previously discussed, we would like to formally establish a date for the City Council's 2013 Annual Goal Setting Session. The suggested date is Friday, March 1, 2013 beginning at 9:00 a.m. 'The location is proposed to be at Schaar's Bluff Gathering Center which is located at 8395 127th Street East in Hastings, Minnesota. You will recall that we have used this location in the past and it has worked well for our purposes. ACTION REQUIRED Council should consider a motion to establish March l, 2013 as the date of a special informal City Council meeting far purposes of conducting a goal setting retreat at Schaar's Bluff Gathering Center, 8395 127�' Street East in Hastings, Minnesota beginning at 9:00 a.m. �r � ��� ���� O���O Q+lWf M0tl ' City of qpp�� Va��ev MEMo Fire Department TO: Mayor, City Council, and City Administrator FROM: Nealon P. Thompson, Fire Chief DATE: December 21, 2012 SUBJECT: Joint Powers Agreement Establishing the Minnesota Structural Collapse/Technical Rescue Task Force Organization (Minnesota Task Force One) The Dakota County Special Operations Team (DCSOT) is one of five regional teams partially funded by the State of Minnesota to support structural collapse and technical rescue capabilities within Minnesota under the umbrella of Minnesota Task Force One (Task Force). The DCSOT is one of the county's primary technical rescue first responder agencies coordinated under the joint powers entity of the Dakota County Domestic Preparedness Committee (DCDPC). The DCSOT is comprised of thirty six members (five from Apple Valley, one Law and four Fire), from the County and the eleven cities in the county, members represent fire, law enforcement and emergency medical services agencies. The team has responded to incidents involving hazardous materials, technical rescues, and structural collapses at locations throughout the county. The jurisdictions from the five regional teams (Dakota County, Edina, Minneapolis, St. Paul, and Rochester) that are identified as the Task Force and sponsored by the State of Minnesota have discussed the potential for forming a joint powers entity for several years to coordinate planning, training, and funding. In addition, the formation of the Task Force also provides for liability and workers' compensation insurance coverage if inembers of the Task Force are activated as a Specialized Emergency Response Team under MN Statue Section 12.351 during an emergency. Staff reviewed various options for including the members of the DCSOT on the Task Force with the County Attorney's Office. It was determined that the best approach was to have the County entered into the Task Force joint powers agreement as a member of the governing board and to have each of the member cities of the DCDPC become signatories to the Task Force as participating government units. This approach avoids legal issues of one joint powers entity entering into an agreement to form a new joint powers entity. Each city that is a member of the DCDPC is being encouraged to join the Task Force joint powers agreement to provide for their current and future eligible members to participate in the planning, training, and funding that will be available through the Task Force. EXPLANATION OF FISCAL IMPACT The Task Force is wholly funded through grant funds available to one or more of the participants. Participants are not obligated under the agreement to fund the Task Force in any other fashion without an amendment to the agreement. The Task Force has historically received funding through the U.S. Department of Homeland Security Grant Program through the State of Minnesota. This funding was used for the initial establishment of the sponsoring agencies teams and to support on-going training and equipment needs. The significant reductions in the Federal Homeland Security Grant Program in 2011 and 2012 have resulted in no new funds being allocated to the Task Force sponsoring agencies at this time. The Task Force Program Management Group has been working with the State of Minnesota to request a more stable funding stream through the State Fire Safety Account. The State Legislature is considering a consistent funding stream through the legislative budget process for both the Task Force and the Hazardous Materials Response Teams using the Fire Safety Account. MINNESOTA TASK FORCE ONE BACKGROUND INFORMATION The following information is intended to provide a brief history of the elements contributing to the need for a joint powers agreement and the progress and potential outcomes. Program History In 2002, planning was undertaken by the State of Minnesota Department of Public Safety to address the structural collapse rescue response gap identified by the State Homeland Security Capability Risk Assessment. At the end of 2002, a federal grant application was made and awarded to begin training and purchasing of equipment to supply a structural collapse response effort for the State of 1Vlinnesota. Through a series of planning meetings and an application process, five entities were identified to host a structural collapse team to respond to structural collapses and other technical rescues. Minneapolis Fire, St. Paul Fire, Edina Fire, Rochester Fire, and the Dakota County Domestic Preparedness Committee's Special Operations Team (DCSOT) were identified as the sponsoring agencies that would develop an equipment cache and roster of trained personnel able to respond in the event of structural collapses and other technical rescues. In addition to these five sponsoring agencies, personnel from several surrounding jurisdictions were included in the training and counted as part of the team; in large part to satisfy federal grant requirements that grant expenditures and funded programs be regional and inclusive in nature, and to also ensure the personnel depth necessary to undertake a sustained structural collapse response effort. These participating personnel are currently from the following departments Metropolitan Airports Commission Fire, Richfield Fire, Bloomington Fire, Coon Rapids Fire, Fridley Fire, St. Louis Park Fire, Minnetonka Fire, Anoka/Champlin Fire, Hopkins Fire, Mankato Fire, North Memorial Medical Center and Hennepin County Medical Center. Organizational Needs The Task Force is currently being managed by a program management group, which is comprised of a representative from each of the five sponsoring organizations and a representative from MN Homeland Security and Emergency Management. The program management group meets informally each month to coordinate the activities of the five individual teams, since no overarching management entity has been established for the Task Force at this time. The Task Force Program Management Group (TFPMG) has identified several deficiencies needing to be addressed in order for the program to be fully functional. The program is currently able to support a response, but not without both operational and administrative limitations. The issue that the TFPMG has identified as their highest priority, at this time, is deficiencies to secure the resources of structural engineers, physicians, and heavy equipment operators due to concerns regarding workers' compensation insurance, and liability coverage. The workers' compensation insurance and liability issues are central to being able to address these prioritized deficiencies. In each category, Structural Engineers, Operating Engineers, and Physicians, there are no assets available to the sponsoring agencies from within their organizations to fulfill these needs. During discussions with outside resources, in an effort to identify possible solutions for the program needs, the workers' compensation insurance and liability issues are paramount. The existing emergency room doctors that are participating in the program are doing so through their sponsoring agencies (Hennepin County Medical Center) and their ability to provide medical direction outside of their primary service area may be limited. The heavy equipment operators, to some degree, may be available within some of the cities, but their involvement would require an additional commitment frorr� those communities for both personnel and equipment. The availability for structural engineers with the appropriate credentials for working with damaged and collapsed structures during emergency response operations is very limited. To this point, the Task Force has not been able to identify any appropriate engineers from within the sponsoring agencies' organizations. The access to these resources is also an issue faced by the DCSOT. Participation in the Task Force would afford the DCSOT the ability to draw in the resources of the Task Force as local resources are exhausted or if the situation exceeds the capabilities of the DCSOT, by requesting the assistance of the Task Force through the Minnesota State Duty Officer. The participating agencies have also recognized the liability issues involved when responding to a jurisdiction that simply turns over an emergency scene to them. The response requirements and decisions that are made on a technical rescue scene many times are outside of the technical capabilities, experience, or knowledge level of the local entity responding to the emergency. The ability for each of the participating agencies to be involved with providing an effective statewide response will be dependent upon the resolution of the liability issues. Currently, each participating agency in the Task Force assumes the workers' compensation insurance and liability for any deployment within the State. This is also true for the DCSOT where the member agencies assume the workers' compensation insurance and liability for any deployment within Dakota County and for approved requests for assistance to jurisdictions that are not DCDPC members. This is not the case for EMAC (Emergency Management Assistance Compact) deployments, which occur outside of the State, all EMAC deploying team members are considered employees of and covered by the State of Minnesota once the written agreements are completed and signed. JPA Process History In 2009, the State of Minnesota passed legislation that allows the Director of Homeland Security and Emergency Management (HSEM) to determine what qualifies as a State Specialized Emergency Response Team and when to activate such a team. Specialized emergencv response team "Specialized emer�ency response team" means a team that has been approved bv the state director of the Division of Homeland Security and Emer�encv Mana�ement for the purpose of supplementin� state or local resources for respondin� to an emer encv or disaster The state director of the Division of Homeland Securitv and Emerg ement shall determine if in response to an emergency or disaster activation of a specialized emergencv response team for deployment to an�political subdivision is in the public interest. If so; the state director may activate a team. When activated by the state director, team members not emploved bv an�political subdivision struck bv the emergenc�or disaster are deemed emplovees of the state for pur�oses of workers' compensation and tort claim defense and indemnification. The provisions of chapter 176 and other applicable statutes must be followed for purposes of calculatin� workers' compensation benefits. In discussions with Kris Eide, Director of HSEM and a representative of the State Attorney General's Office, it is their determination that the State would need to enter into a memorandum of understanding (MOU) or memorandum of agreement with a single entity for the purposes of a team deployment where the State of Minnesota was accepting the workers' compensation insurance and legal liability for the response. This would allow for coverage for all of the Task Force governing board member agencies and participating agency's personnel, as well as the non-public safety team members that have been identified as needed resources to meet the team's response capabilities and mission. Along with the State's request to interact with a single entity, this would also facilitate the ability for a requesting Incident Commander to enter into a delegation of authority or a MOU with a single entity to accomplish the response; something not likely with multiple, individual agencies responding. The liability issues with multiple agencies responding as part of the Task Force are most efficiently managed by operating as one entity for the purpose of the response. By responding as one entity, it limits the liability to the tort limits of one entity, in this case the Minnesota Task Force One Joint Powers Agreement. If multiple entities respond without a joint powers ' agreement in place, it is possible that the tort liability limits could apply to each agency that responded. The Task Force is considered a statewide asset and the grants and funding efforts have reflected that purpose. Why not a mutual aid agreement; due to the mission of the Task Force and the statewide nature of the response capability, a mutual aid agreement between the participating agencies does not address several issues and only provides for mutual aid between the participating agencies. A mutual aid agreement does not address the joint liability issue, the delegation of authority, or memorandum of understanding at a scene, the single entity for entering into a contract with the State of Minnesota (due to the diversity of the team), or the management and direction of the team as a whole. Progress and Outcomes While the initial efforts of the Task Force Program Management Group have been mainly focused on building, training, and equipping the team, the group has identified that long-term leadership, program management, and liability issues also need solutions. With the diversity of the membership required to have an effective response, the formation of a new joint powers entity is the clearest way to accomplish this within the current State system. This has been a difficult process to navigate, as the League of Minnesota Cities Insurance Trust (LMCIT) requires an executed JPA prior to issuing insurance coverage and most governmental agencies do not want to enter into a JPA without coverage already in place. The Task Force Program Management Group undertook a process to develop and review a joint powers agreement. The group then pursued JPA insurance through the LMCIT. After an extensive review of the JPA by the LMCIT attorneys and insurance council, they offered a few changes to the document. Once these changes were incorporated into the Minnesota Task Force One Joint Powers Agreement document, insurance coverage was obtained and is in force today. Dakota County and all eleven cities in the County have now indicated their intent to approve and join the Minnesota Task Force One JPA. Future Impacts There are several potential impacts to the viability of the DCSOT if the proposed Task Force JPA is not approved. One impact is financial. MN HSEM has indicated that the Task Force will be the primary organization funded to maintain the structural collapse and technical rescue capabilities in the state. HSEM has provided over several hundred thousand dollars of support to establish this capability to the DCSOT since the program's inception and the future of this funding will be in jeopardy if the DCSOT is longer a recognized member of the Task Force. A second impact is the limitation to transfer any liabilities for deployments that might occur outside of the jurisdictions of the DCDPC, if the DCSOT is not able to participate as a member of the Task Force, and in turn be deployed as a specialized emergency response team of the State of Minnesota. A final impact would be limitations on resources and expertise to respond to a large event in Dakota County if Task Force resources could not be called upon to supplement the capabilities of the DCSOT. RECOMMENDED ACTION Staff recommends that the Apple Valley City Council join their peers throughout the county and adopt a resolution approving and entering into the joint powers agreement establishing the Minnesota Structural Collapse/Technical Rescue Task Force Organization. The City Attorney's Office has reviewed the joint powers agreement and is comfortable with its structure. ACTION REQUESTED Adopt resolution entering into a joint powers agreement establishing the Minnesota Structural Collapse/Technical Rescue Task Force Organization (Task Force One). Attachments: Joint Powers Agreement Establishing the Minnesota Structural Collapse/Technical Rescue Task Force Organization (Minnesota Task Force One) Resolution Authorizing Participation in the Minnesota Structural Collapse/Technical Rescue Task Force Organization (Minnesota Task Force One) Through the Dakota County Special Operations Team CITY OF APPLE VALLEY RESOLUTION 2012- A RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA STRUCTURAL COLLAPSE/TECHNICAL RESCUE TASK FORCE ORGANIZATION JOINT PQWERS AGREEMENT AS PART OF THE DAKOTA COUNTY SPECIAL OPERATIONS TEAM WHEREAS, the City of Apple Valley desires to improve preparedness efforts and to assist other local agencies to be better prepared for any potential disasters and emergencies in Dakota County; and WHEREAS, the City of Apple Valley is a member of the Dakota County Domestic Preparedness Committee joint powers entity that supports the Dakota County Special Operations Team that provides response capabilities in the event of a structural collapses and other technical rescues in Dakota County and through an approval process to other neighboring communities; and WHEREAS, the Dakota County Special Operations Team is one of five teams identified by the State of Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management (HSEM) to host a structural collapse team ta respond to structural collapses and other technical rescues along with the Cities of Minneapolis, St. Paul, Edina, and Rochester and partially supported by HSEM to develop an equipment cache and roster trained personnel able to respond in the event of structural collapses and other technical rescues; and WHEREAS, HSEM would like to formalize the Minnesota Structural Collapse/Technical Rescue Task force Organization (Task Force) in order to streamline funding, ensure better coordination of training and equipment purchases and to enable the State to designate the members of the Task Force as a Specialized Ernergency Response Team under MN Stat.Sec.12.351 to provide liability and workers' compensation coverage during a State activation; and WHEREAS, the City of Apple Valley is eligible to join the Minnesota Structural Collapse/Teehnical Rescue Task Force Organization (Task Force) as a participating governmental unit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby approves and authorizes execution of the Minnesota Structural Collapse/Technical Rescue Task Force Organization Joint ' Powers Agreement by and among the metropolitan cities of Saint Paul, Minneapolis, Edina, and Roehester, the County of Dakota and other participating governmental units, substantially as presented to the Apple Valley City Council, subject to approval by the City Attorney's as to form. ADOPTED this 27th day of December, 2012. Mary Hamann-Roland, Mayor ATTEST: Stephanie Marschall, Deputy City Clerk Joint Powers Agreement Establishing the Minnesota Structural Collapse/Technical Rescue Task Force Organization (Minnesota Task Force One) This agreement is made pursuant to the authority conferred upon the participants by Minnesota Statute 471.59. The participants to this agreement are all "governmental units" as defined by Minnesota Statute 471.59, Subdivision 1. 1.0 General Purpose. The purpose of this Joint Powers Agreement is to establish the Minnesota Structural Collapse/Technical Rescue Task Force Organization, which shall be governed by a Board of Directors, for the purpose of establishing, training, equipping, maintaining and deploying Minnesota Task Force One to incidents inside and outside the State of Minnesota as may be requested by a local agency or other unit of government. 2.0 Definitions. In addition to the standard definitions found in the National Incident Management System (2008), the following definitions apply to this document. 2.1 "Minnesota Structural Collapse/Technical Rescue Task Force Organization" — The group of all Team Members, governed by the Board, who may be available to be rostered or activated to provide response to incident activities pursuant to this Agreement. 2.2 "Minnesota Structural Collapse/Technical Rescue Task Force "(MN TF-1) — A group of Team Members, designated by the Board, who are rostered for deployment or are deployed to support incident activities pursuant to this Agreement. 2.3 "Team Member" — A trained and qualified person, as designated and approved by the Board, who is employed by, contracted to, or volunteering with a Participant, who is or may be available to be activated to support incident response activities pursuant to this Agreement. 2.4 "Board" — The Board of Directors established by this Agreement 2.5 "Director" — A member of the Board of Directors, qualified as defined under this Agreement, who is employed by, contracted to, or volunteering with Minneapolis, St. Paul, Edina, Dakota County, Rochester, and one at large member from another participating governmental unit, who may be available to be activated to support incident activities pursuant to this Agreement. 2.6 "ParticipanY' — Any governmental unit as defined by Minnesota Statute 471.59, Subdivision 1 which is a signatory to this Agreement. May 20ll Final MN TF-1 JPA 1 3.0 Particiqants. 3.1 Participants: Subject to additional Participants added hereunder, the Participants shall be: (Attached Roster) 3.2 Status: No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Participant listed above to be represented on the Board as long as such Participant continues to exist as a separate political subdivision. 3.3 Responsibility for Employees: All persons engaged in the work to be performed by a participant under this Agreement may not be considered employees of any other participant for any purpose, including worker's compensation and other claims that may or might arise out of the employment context on behalf of the employees. All claims made by a participant as a result of any act or omission of a participant's employees while engaged on any of the work performed under this Agreement are not the obligation or responsibility of any other participant. Each participant is responsible for injuries or death of its own personnel. Each participant will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing services under this Agreement. Each participant waives the right to sue any other participant for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the negligence of any other participant or its officers, employees, or volunteers. 3.4 Emergency Management Assistance Compact EMAC: Any participant engaged as a member of MN TF-1 and deployed as part of an EMAC request are afforded all the protections and coverage as stated in Minn. Stat. 192.89, and retains all stated protections and coverage while engaged as part of an EMAC request. 4.0 Board of Directors. 4.1 Directors. The Organization shall be governed by a Board of Directors which shall consist of two (2) qualified Directors appointed by the governing body of each Minneapolis, St. Paul, Edina, Dakota County, Rochester, and two at large director(s) elected from and by other signatory participants. 4.2 Qualifications. At least one (1) of the Directors from each governing body and at large, must be a Team Member and must have taken the FEMA equivalent Structural Collapse Technician Training, and all applicable pre-requisite training. 4.3 Compensation. Directors shall serve without compensation from the Organization or Board. This shall not prevent a Participant from providing compensation to a Director for serving on the Board. May 2011 Final MN TF-1 JPA 2 5.0 QuorumNotinq. 5.1 Quorum. A majority of all of the Directors shall constitute a quorum. A simple majority vote of the Directors present at a meeting with a valid quorum shall be required for the Board to take action, unless otherwise provided in this Agreement or by law. 5.2 Voting. There shall be no voting by proxy. All votes must be cast by the Director or designated alternate at a Board Meeting. Each Director shall have one (1) vote. 6.0 Officers. 6.1 Officers. The officers of the Board shall be a Chair, Vice-Chair and Secreta ry/Treasu rer, 6.2 Elections. At its first meeting, the Board shall elect a Chair, a Vice- Chair, and a Secretary/Treasurer who shall serve two year terms ending on December 31. Officers elected to partial or unexpired terms (including the initial term of office which ends on December 31, 2008) shall serve out the partial term but must then stand for election with the other Officers for the following term. 6.3 Vacancies. A Director shall be elected in the same manner as above to fill out an unexpired term of any office which becomes vacant. 6.4 Other Officers. The Board may elect or appoint such other officers as it deems necessary to conduct its meetings and affairs. 7.0 Meetinas 7.1 Annual Meeting. The Board shall meet at least annually on a schedule determined by the Board. 7.2 Call. Meetings of the Board may be called by the Chair or upon written request of a majority of the Directors. 7.3 Open Meeting/Data Practices. The Organization shall comply with � data practices and open meeting laws which are applicable to the Participants. 7.4 Meeting by Teleconference. The Board, in an emergency, may meet by teleconference. A quorum of the Board is required to be present on the call to conduct business. 8.0 Powers and Duties of the Board. 8.1 The powers and duties of the Board include, but are not limited to, those enumerated in this section. May 2011 Final MN TF-1 JPA 3 8.2 The Board shall prepare, adopt, and implement a plan to provide MN TF-1 response according to the terms and conditions herein. 8.3 The Board shall establish, train, equip, maintain, and govern the Organization, MN TF-1 and Team Members in their capacity as Team Members. 8.4 The Board shall provide for the deployment and recovery of one or more MN TF-1 teams to incidents as may be requested by another government unit under circumstances approved by the Board. 8.5 The Board shall prepare and approve an annual budget for MN TF-1. 8.6 The Board may purchase and maintain equipment necessary for the perFormance of its duties and the duties of MN TF-1. 8.7 The Board may enter into contractual delegations of authority with local, state, or Federal, government units for the purposes of conducting incident management/technical rescue operations within the jurisdiction of such units and such power may be delegated to designated incident commanders/task force leaders. 8.8 The Board may research and make recommendations to the Participants regarding other matters related to the Task Force purposes. 8.9 The Board may consult with persons knowledgeable in technical rescue management and response, such as research organizations, educational institutions, other political subdivisions, regulatory organizations, technical experts, and any other persons who can provide pertinent information. 8.10 The Board may cooperate or contract with the State of Minnesota, any political subdivision, federal agencies or private or public organizations to accomplish the purposes for which it is organized. 8.11 The Board may contract with other governmental units to provide the services of MN TF-1. The Board may enter into a mutual aid agreement with other similar Task Forces. 8.12 The Board may contract for or purchase such insurance as the Board deems necessary for the protection of the Board, the Participants, the Response Team, and its property. 8.13 The Board may accumulate reserve funds for the purposes herein mentioned and may invest funds of the Organization not currently needed for its operations. 8.14 The Board may collect money from participants, subject to section 10.2, and from any other source(s) authorized by law. May 2011 Final MN TF-1 JPA 4 8.15 The Board may make contracts, employ consultants, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers, in conformance with the requirements applicable to contracts and purchases of all the Participants. 8.96 The Board shall cause to be made an annual audit of the books and accounts of the Board and shall make and file a report to the Participants at least once each year. Strict accountability of all funds and report of all receipts and disbursements shall be made. 8.17 The Board's books, reports and records shall be available for and open to inspection by its Participants at all reasonable times. The Board's records shall be available for inspection by the public pursuant to Minnesota Statutes, Chapter 13. 8.18 The Board may appoint such committees as it deems necessary to exercise the powers of the Board in accordance with by-laws adopted by the Board and as allowed by law. 8.19 The Board may exercise all other lawful powers necessary and incidental to the implementation of the purposes and powers set forth herein, including, without limitation, the adoption of by-laws to govern the functioning of the Board, provided that no by-law or action of the Board shall be contrary to the terms of this Agreement. 9.0 Additional Participants 9.1 Vote of Board. Other governmental units may become a participant to this Agreement upon approval of a 2/3 majority of the Board. The new Participant shall sign a copy of this Agreement. Existing Participants shall not be required to sign the agreement again. 9.2 Non-Governmental Entities. With the approval of the Board, Non- Governmental entities may appoint qualified Directors to become advisory (non-voting) members of the Board and may contribute personnel to Task Force operations upon entering into a sponsorship agreement with any one Participant in a form accepted and approved by the Board. 10.0 Finance 10.1 No Joint Powers Board. A"joint powers board" pursuant to Minnesota Statutes 471.59, Subd. 11 is not established by this agreement. Neither the Board nor the Organization has authority to issue bonds or obligations. 10.2 Revenue. The Organization is wholly funded through grant funds available to one or more of the Participants. Participants are not obligated under this agreement to fund the Organization in any other fashion without an amendment to this Agreement as provided herein. May 20ll Final MN TF-1 JPA 5 10.3 Disbursements. The Organization may make disbursements from public funds to carry out the purposes of this agreement. 10.4 Fiscal Agent. The Board shall designate one Participant, with that Participant's consent, to serve as the fiscal agent for the Organization and funds may be paid to or disbursed by that Participant provided that the method of disbursement shall agree as far as practicable with the method provided by law for the disbursement of funds by the parties to the agreement. 10.5 Purchasing. Contracts let and purchases made under the agreement shall conform to the requirements applicable to contracts and purchases of the Fiscal Agent. 10.6 Accountability. The fiscal agent shall maintain accountability of all funds and report of all receipts and disbursements. 10.7 Distribution of Property. In the event that the Agreement is terminated as provided herein, any property acquired as the result of such joint or cooperative exercise of powers or surplus money shall be disposed of pursuant to the terms of any applicable grants or other contractual obligations, or, in none, pursuant to the procedures of the Fiscal Agent and the proceeds from such disposal shall be distributed pro rata to the Participants. Property acquired by participants prior to entering into this agreement shall remain in possession of the participants. 11.0 Indemnification 11.1 The Board shall defend, indemnify and hold harmless the Participants and any employees, officials, volunteers, or agents of the Participants against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the Board or employees or agents of the Board. This agreement to indemnify and hold harmless does not constitute a waiver by any participant of the limitations on liability provided under Minnesota Statutes, Chapter 466 or Section 3.736 or a waiver of any available immunities or defenses. To the fullest extent permitted by law, actions by the Participants pursuant to this Agreement are intended to be and shall be construed as a"cooperative activity," and it is the intent of the Participants that they shall be deemed a"single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. 1 a(a); provided further that for purposes of that statute, each Participant to this Agreement expressly declines responsibility for the acts or omissions of any ather Participant. Any excess or uninsured liability shall be borne equally by each Participant. � May 20ll Final MN TF-1 JPA 6 12.0 Duration. This Agreement shall remain in full force and effect until it is terminated in the manner provided herein. 13.0 Default. Upton the failure of any Participant to fulfill any of its other material obligations under this Agreement the Board may expel a Participant upon 2/3 vote. 14.0 Effective Date. This Agreement shall become effective upon the approval of any two Participants herein and shall become binding upon the remaining Participants on the dates of the approval of each of them. All Participants need not sign the same copy. The signed Agreement along with a certified copy of the resolution authorizing the Agreement, shall be filed with the Fire Chief of the City of Bloomington, who shall notify all Participants in writing of its effective date and set a date and place for the Board's first meeting. 15.0 Amendments. This agreement may be amended only by the unanimous agreement of all Participants acting by and through their governing bodies. 16.0 Withdrawal and Termination. 16.1 Withdrawal. Any participant shall have the right to withdraw from this Agreement and Organization hereby created in the following manner: 16.1.1 Notice of intent to withdraw shall be given in writing to all Participants. 16.1.2 The governing body of the withdrawing participant shall pass a resolution declaring its intent to withdraw effective on a specified date, which date shall not be less than ninety (90) days from the day of the resolution and shall send a certified copy of such resolution to the Chair of the Board not less than ninety (90) days before the effective date with withdrawal. The certified copy of such resolution shall be provided to the Chair of the Board by hand delivery. 16.1.3 Upon receipt of the resolution of a withdrawal, the Chair of the Board shall mail copies of the resolution to all Directors. May 2011 Final MN TF-1 JPA � 16.2 Continuing Organization. Notwithstanding the parties' authority to withdraw, this Agreement and the Organization created hereby shall continue in force until all remaining Participants mutually agree to terminate or revise this Agreement. 16.3 Termination. After the effective date of termination, the Board shall continue to exist for the limited purpose of discharging the Board's debts and liabilities, settling its affairs, and disposing of its property and surplus monies, if any. 17.0 Captions. The captions of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement. 18.0 Severabilitv. The provisions of this Agreement are severable. If any section, paragraph, subdivision, sentence, clause, or phrase of the Agreement is held to be contrary to law, rule, or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. 19.0 Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. The Fiscal Agent shall act as administrator of the Agreement for the purpose of maintaining the document and insuring its availability to all Participants. The Fiscal Agent shall provide notice to all parties in the event of the addition or withdrawal of a Participant. 20.0 Construction. Each provision of this Agreement has been reviewed and negotiated, and represents the combined work product of all Participant hereto. NO presumption or other rules of construction that would interpret the provisions of this Agreement in favor of or against the Participant preparing the same shall be applicable in connection with the construction or interpretation of any of the provision of this Agreement. 21.0 Governinq Law. This Agreement, and the rights of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Minnesota. May 2011 Final MN TF-1 JPA 8 22.0 Entire Agreement. The entire agreement befinreen the Participants hereto is contained in this Agreement, and this Agreement supersedes all of their previous understanding and agreements, written and oral, with respect to the subject matter of this Agreement. IN WITNESS WHEREOF - the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute 471.59. May 2011 Final MN TF-1 JPA 9 Execution Page for the Joint & Cooperative Agreement For Minnesota Structural Collapse/Technical Rescue Task Force The party listed below has read, agreed to and executed this Agreement on the date indicated. Date Entity By Title And Title May 2011 Final MN TF-1 JPA 10 12/28/2012 Dakota Caunty Dom�stic Preparedness Commitfiee CaCaPC) Minnesata Structural ► In 2003 the eleven cities of the County, plus Dakota County itself entered into a joint �t���a�JJSE'�T��E"II"IIC�� ��SCUE powers agreement UPA) for the purpose of collaborating to enhance our emergency Task Force arganization preparedness planning and response capabilities. �oint Powers Agreement ► From this the Dakota County Special December 27, 2012 Operations Team (DCSOT) was created. ► Funded for the DCDPC comes from federal, state, and local contributions. � Primarily Federal and State Homeland Securiry Grants Dakota County Special C)pera#ions ���,nesata Re�ional N�eds Te�m {DCSOT} ► Five regional teams with special operations ► 36 members of the JPA jurisdictions made up capabilities identified as a Task Force by the of Fire, Law Enforcement, and Emergency State of Minnesota Department of Homeland Medical Services (EMS) personnel. Security and Emergency Management � Five Apple Valley (4 Fire and 1 Law) o Minneapolis ► Trained to conduct special operations � st. Paul ��� � � Confined Space Rescue � Edina � `"� m, � � Hazardous Materials Response � Rochester � � Technical Rope Rescue (High and Low Angle) � Dakota County SOT � Trench Rescue � Structural Collapse ���� "�� 1 12/28/2012 Minnesota Structural Collapse/Technical Rescue Task Force Organizatiun PdC"tlClpdtlCt� GC}V� Utll'�5 ► Richfield Fire ► Minnetonka Fire ► Bloomington Fire ► Anoka/Champlin ► Coon Rapids Fire Fire ► Fridley Fire ► Hopkins Fire ► St. Louis Park Fire ► Mankato Fire �os�rr aos�rr �ocsor zos�rr sost�r 35Combined � Metropolitan Airports � North Memorial Program Manager. Commission Fire ► Hennepin County John Jim Mike � Craig Tim Ulie Medical Center Fruetel Smith Pott Essig Bangert Seal � + �� DCDPC Cities Minnesata Structural Cs�llapseJTechnical Rescue TaskForceOrganization Jo�nt Powers Agreement ► No municipal funding requirement � All funding will be provided by Homeland Securiry Grants (Federal and State) � Or through the Minnesota Fire Safety Account ► League of Minnesota Cities and the City Attorney have reviewed�the agreement. • Two Diredors Each ���� �'� � ,,,���.�� �'il �i"+�� ' � ,, �� ► The Task Force JPA has already secured workers compensation and liability insurance through the League of Minnesota Cities. 2 12/28/2012 Jc�int P'ower� Agreement ► Staff recommends adopting the attached resolution entering into the joint powers agreement establishing the Minnesota Ql.1@Stlt)t1S� Structural Collapse/Technical Rescue Task Force Organization (Task Force One). 3 8. UPDATE w�• •ar• •�sw• �f�w •••. City of App�e Valley MEMO City Clerk's OfFice TO: Mayor, City Council, and City Administrator FROM: Pamela J. Gackstetter, City Clerk DATE: December 27, 2012 SUBJECT: CALENDAR OF EVENTS Following are upcoming events for your calendars: Day/Date Time Location Event Mon /Dec. 24 City Offices Closed Christmas Floater Tues /Dec. 25 City Offices Closed Christmas Day Thur /Dec 27 7�00 p.m. Municipal Center Regular City Council Meeting'` Tues /Jan 1 City Offices Closed New Year's Day Wed /Jan 2 7�00 p m Municipal Center Planning Commission Thur /Jan 3 7�00 p.m. Municipal Center Parks & Recreation Committee Sat./Jan. 5 6:00-9:00 p.m. Valleywood Frozen Apple Winter Concert Clubhouse Series Tues: /Jan. 8 7:30-9:00 a.m. Augustana Care Chamber Coffee Connection Apple Valley Villa Tues./Jan. 8 5:00-8:00 p.m. Minnesota Zoo Will Branning Retirement Reception Tues /Jan 8 7�00 p m Municipal Center Regular City Council Meeting * We d /Jan 9 7�00 p m Municipal Center Traffic Safety Advisory Committee Tues /Jan 15 2�00 p m Municipal Center Cemetery Advisory Cornmittee Wed /Jan 16 9�00 a m Municipal Center Firefighters Relief Association Wed./Jan. 16 11:30 a.m.-1:10 p.m. LaGrand Chamber Monthly Luncheon Conference Center Wed /Jan 16 7�00 p m Municipal Center Planning Commission Mon /Jan 21 City Offices Closed Martin Luther King Jr. Day James Barton Thur./Jan. 24 4:30-6:30 p.m. Design - Build Chamber Business After Hours Thur /Jan 24 5�30 p m Municipal Center Informal City Council Meeting Thur /Jan 24 7�00 p m Municipal Center Regular City Council Meeting " Each of the above-noted events is hereby deemed a Special Meeting of City Council, the purpose being informational or social gathering. Only at events marked with an asterisk will any action of the Council take place. :sam . j CITYOFAPF. _, +LLEY 12/: l0:30:19 R55CKREG LUG20000 Council Check Register Page - 1 11 /30/2012 -12/21 /2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1583 12/21/2012 100101 ACE HARDWARE 53.84 CEMETERY-RPR FLAG POLE 00035426 218839 51183 5605.6229 GENERAL SUPPLIES CEMETERY 5.04- CEMETERY-DISCOUNT 00035426 218840 51183 5605.6333 GENERAL-CASH DISCOUNTS CEMETERY 8.51 CH-SUPPLIES 00035176 218841 51124 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG & GROUNDS MNTC .80- CH-DISCOUNT 00035176 218842 51124 1060.6333 GENERAL-CASH DISCOUNTS MUNICIPAL BLDG & GROUNDS MNTC 15.48 POL-EXTREME MOUNTING TAPE 00067471 218843 50929 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 43.18 POL-KEY COPIES, SHARPIES 00069523 216844 51034 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 12.81 POL-LOCK 00069525 218845 51123 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT 16.01 POL-PROTECTANT TIRE WET 00069526 218846 51131 1210.6229 ` GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 16.54 POL-ARMOR ALL, CLEANER 00069531 218847 51261 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 43.79 POL-STAPLE GUN, STAPLES 00069532 218848 51264 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL 7.46 POL-CLEANER GREASED LITNG 00071153 218849 51327 i250.6229 GENERAL SUPPLIES POLICE FACILITY 4.26 POL-BATTERIES 00071153 218850 51327 1250.6215 EQUIPMENT-PARTS POLICE FACIIITY 14.94- POL-DISCOUNT 218851 1200.6333 GENERAL-CASH DISCOUNTS POLICE MANAGEMENT 203.02 FIRE-CO DETECTORS FOR TRUCK500035260 218852 50961 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 5.33 FIRE-BAR, CHAIN OIL FOR CHAINS 00035260 218853 50971 1330.6212 MOTOR FUELS/OILS FIRE OPERATIONS .84 FIRE-FS1 MAILBOX SUPPLIES 00035260 218854 50963 1340.6229 GENERAL SUPPLIES FIRE BLDG & GROUNDS MNTC 28.82 FIRE-GARDEN HOSE, NOZZLE 00035260 218855 50949 1340.6229 GENERAL SUPPLIES FIRE BLDG & GROUNDS MNTC 22.28- FIRE-DISCOUNT 218856 1300.6333 GENERAL-CASH DISCOUNTS FIRE MANAGEMENT 215.30 IA2-MISC SUPPLIES 00070801 216857 51167 5265.6229 GENERAL SUPPLIES ARENA2 BLDG MAINTENANCE-HAYES 21.36 IA2-WRENCH 00070751 218858 51150 5265.6211 SMALLTOOLS & EQUIPMENT ARENA2 BLDG MAINTENANCE-HAYES 9.92 IA2-TOGGLE BOLTS 00070751 218859 51150 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 15.98 IA2-ROLLERS 00069295 218860 50936 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 10.12 IA2-WASHER, TAPE 00069296 218861 50942 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 30.40 IA2-DUSTPAN, CLEANERS 00068399 218862 50866 5265.6229 GENERAL SUPPLIES ARENA 2 BLDG MAINTENANCE-HAYES 28.37- IA2-DISCOUNT 218863 5265.6333 GENERAL-CASH DISCOUNTS ARENA2 BLDG MAINTENANCE-HAYES 19.23 PK-UNIVERSALACADAPTER 00035340 218864 51292 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 9:20 PK-EPDXY, NUTS/BOLTS 00035340 218865 51184 1730.6229 GENERAL SUPPLIES PARK BUILDING MAINTENANCE 2.66- PK-DISCOUNT 218866 1710.6333 GENERAL-CASH DISCOUNTS PARK MAINTENANCE MANAGEMENT 34.20 UTIL-SOCKET SET 00035231 218867 51117 5375.6211 SMALL TOOLS & EQUIPMENT SEWER MAINTENANCE AND REPAIR 32.02 UTIL-MISC SUPPLIES 00035231 218868 51117 5375.6229 - GENERAL SUPPLIES SEWER MAINTENANCE AND REPAIR 34.18 UTIL-PLIERS, STRIPPER/CRIMPER 00035231 218869 51219 5375.6211 SMAL� TOOLS & EQUIPMENT SEWER MAINTENANCE AND REPAIR 11.19 UTIL-BULB INDICATOR 00035231 218870 50862 5375.6229 GENERAL SUPPLIES SEWER MAINTENANCE AND REPAIR 23.49 UTIL-OIL PAN, PLASTIC PAIL 00035231 278871 51094 5375.6229 GENERAL SUPPLIES SEWER MAINTENANCE AND REPAIR 32.04 UTIL-WIRE STRIPPER, PLIERS 00035231 218872 51096 5375.6211 SMALL TOOLS & EQUIPMENT SEWER MAINTENANCE AND REPAtR 9.61 UTIL-SOCKET SET 00035231 218873 51095 5375.6211 SMALL TOOLS & EQUIPMENT SEWER MAINTENANCE AND REPAIR 23.49 UTIL-ROPE, HANDSANITIZER 00035231 218874 51293 5375.6229 GENERAL SUPPLIES SEWER MAINTENANCE AND REPAIR 18.75- UTIL-DISCOUNT 218875 5305.6333 GENERAL-CASH DISCOUNTS WATER MGMT/REPORT/DATA ENTRY 898.78 7584 12/21/2012 116461 AITKIN, ANDREW J R55CKREG LOG20000 CITY OF APPLE VALLEY 12/20/20130:30:19 Council Check Register Page - 2 11/30/2012 -12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Acwunt Description Business Unit 19.00 STR-JEANS AITKIN 218786 20121208 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 19.00 7585 12/27/2012 710740 ALLDATA 1,603.92 ALLDATA PRO ONLINE DATA RPR MA 218804 FW237902 1530.6399 OTHER CHARGES CMF SHOP EQUIP MNTC & REPAIR 1,603.12 1586 12/21/2012 100036 APPLE VALLEY CHAMBER OF COMMER 15.00 DEV-OCT CHAMBER LUNCH NORDGU0180605 218954 15047 1100.6275 SCHOOLS/CONFERENCES/EXP LOCAL DEV MANAGEMENT 15.00 ADM-OCT CHAMBER LUNCH GRAW60070605 218954 15047 1010.6275 SCHOOLS/CONFERENCES/EXP LOCALADMINISTRATION 15.00 COUNC-OCT CHAMBER LUNCH HAA48Bfi�0605 218954 15047 1005.6275 SCHOOLS/CONFERENCES/EXP LOCAL MAYOR/CITY COUNCIL 15.00 CLERK-OCT CHAMBER LUNCH GACBffiJf70605 218954 15047 1015.6275 SCHOOLS/CONFERENCES/EXP LOCAL CITY CLERK/ELECTIONS 60.00 1587 12l21/2012 100058 BELLBOY CORPORATION 528.65 LIQ#1 00004928 219365 75922600 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 9.45 FREIGHT#1 00004928 219366 75922600 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 135.76 LIQ#1 00004928 219367 76083700 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 1.35 FREIGHT#1 00004928 219368 76083700 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 1,839.20 LIQ#1 00004928 219369 76159900 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 27.00 FREIGHT#1 00004928 219370 76159900 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 95.17 LIQ#1 00004928 219371 76173900 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES .45 FREIGHT#1 00004928 219372 76173900 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 112.00 WINE#1 00004928 219373 76174100 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 7.35 FREIGHT#1 00004928 219374 76174100 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 167.00 LIQ#2 00004928 219375 76083800 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 1.35 FREIGHT#2 00004928 219376 76083800 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 462.75 LIQ#2 00004928 219377 76160000 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 5.40 FREIGHT#2 00004928 219378 76160000 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 461.00 LIQ#3 00004928 219379 76000700 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 2.70 FREIGHT#3 00004928 219380 76000700 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 120.00 LIQ#3 00004928 219381 76173800 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 1.35 FREIGHT#3 00004928 219382 76173800 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 231.00 LIQ#3 00004928 219383 76174000 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 1.35 FREIGHT#3 00004928 219384 76174000 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 1,229.20 LIQ#3 00004928 219385 76160100 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES I 13.50 FREIGHT#3 00004928 219386 76160100 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES I 69.84 LIQ#3 00004928 219387 76257300 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES , .23 FREIGHT#3 00004928 219388 76257300 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 96.00 WINE#3 00004928 219389 76082200 5085.6520 WINE LIQUOR #3 STOCK PURCHASES i 1.35 FREIGHT#3 00004928 219390 76082200 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES ', 5,614.40 I - -" _ I , z • , CITYOFAPP� :LLEY 12/� :0:30:19 R55CKREG CVG20000 "` Council Check Register Page - 3 11/30/2012 --12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 1588 72121/2012 100775 BELLBOY CORPORATION BAR SUPPLY 57.86 NOTAX#1 00005413 219391 87668000 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 27.00 SUPPLIES#1 00005413 219392 87668000 5025.6229 GENERAI SUPPIIES IIQUOR #1 OPERATIONS 35.75 TAX#2 00005413 279393 87703800 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 41.20 NOTAX#2 U0005413 219394 87703800 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 148.95 NOTAX#3 00005413 219395 87667900 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 89.75 NOTAX#3 00005413 219396 87698000 5085.6545 NON-TAXAB�E MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 25.50 TAX#3 00005413 219397 87736100 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 27.00 SUPPLIES#3 00005413 219398 87736100 5095.6229 GENERAL SUPPLIES LIQUOR #3 OPERATIONS 453.01 � 1589 72/21I2012 101720 CENTERPOINT ENERGY SERVICES IN 2,916.80 CH NAT GAS NOV 218936 2524562 1060.6256 UTILITIES-NATURAL GAS MUNICIPAL BLDG & GROUNDS MNTC 1,330.52 IA 1 NAT GAS NOV 218937 2524542 5210.6256 UTILITIES-NATURAL GAS ARENA 1 BUILDING MAINTENANCE 45.96 SWIM NAT GAS NOV 218938 2524072 1940.6256 UTILITIES-NATURAL GAS AQUATIC SVNM CENTER 1,946.09 CMF NAT GAS NOV 218939 2524552 1540.6256 UTILITIES-NATURAL GAS CMF BUILDINGS & GROUNDS MNTC 6,239.37 7590 12/2112012 100976 DICK'S LAKEVILLE SANITATION IN 150.86 CH DEC 218940 343810 1060.6240 CLEANING SERVICE/GARBAGE REMOVMUNICIPAL BLDG & GROUNDS MNTC 80.26 FIRE STA1 DEC 218941 343805 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG & GROUNDS MNTC 34.22 FIRE STA 2 DEC 218942 343806 1340.6240 CLEANING SERVICE/GARBAGE REMOVFIRE BLDG & GROUNDS MNTC 34.56 FIRE STA3 DEC 218943 343807 1340.624� CLEANING SERVICE/GARBAGE REMOVFIRE BLDG & GROUNDS MNTC 316.65 AVCC DEC 218944 343808 1900.6240 CLEANING SERVICE/GARBAGE REMOVAV COMMUNITY CENTER 158.32 IA2 DEC 218945 343808 5265.6240 CLEANING SERVICE/GARBAGE REMOVARENA2 BLDG MAINTENANCE-HAYES 59.41 REDWOOD DEC 218946 343811 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 73.03 LIQ1 DEC 218947 343803 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR #1 OPERATIONS 76.07 UQ2 DEC 218948 343804 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR #2 OPERATIONS 229.32 TEEN CNTR DEC 218949 345045 1730.6240 CLEANING SERVICElGARBAGE REMOVPARK BUILDING MAINTENANCE 205.40 GOLF DEC 218950 343813 5145.6240 CLEANING SERV�CE/GARBAGE REMOVGOLF SHOP BUILDING MAINTENANCE 156.59 JCR PK DEC 218951 343812 1730.6240 CLEANING SERVICE/GARBAGE REMOVPARK BUILDING MAINTENANCE 46.80 LIQ3 DEC 218952 347134 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR #3 OPERATIONS 486.19 CMF DEC 218953 343809 1540.6240 CLEANING SERVICE/GARBAGE REMOVCMF BUILDINGS & GROUNDS MNTC 2,107.68 1597 12/21/2012 100157 FACTORY MOTOR PARTS CO 377.95 UTIL-WATERLESS WIPES/BRK CLNI�0068100 218805 14043122 5330.6229 GENERA� SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 405.57 POL-ALTERNATOR SQD#15 00035181 218806 75061407 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 783:52 7592 12/27l2012 101328 GOVCONNECTION INC I RSSCKREG LOG20000 CIT'Y OF APPLE VALIEY 12/20/20120:30:19 Council Check Register Page - 4 11J30/2012 -12/21/2012 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 373.73 IT-BLACK TONER/BACK UPS RS700�A0049058 218807 49644241 1030.6229 GENERAL SUPPLIES INFORMATION TECHNOLOGY 24.04- 00049058 218807 49644241 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 157.44 IT-KEYBD/CORDLESS/TOUCH MICE 00049058 218808 49635301 1030.6229 GENERAL SUPPLIES INFORMATION TECHNOLOGY 10.13- 00049058 218808 49635301 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET ' 467.78 IT-PANASONIC REPLACEMENT LAMB0049058 218809 49711942 1030.6229 GENERAL SUPPLIES INFORMATION TECHNOLOGY 30.09- 00049058 218809 49711942 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET �! 82.49 IT-LIFECHAT HEADSET/LIFECAM 00049058 218810 49707560 1030.6229 GENERAL SUPPLIES INFORMATION TECHNOLOGY I 5.31- 00049058 218810 49707560 10002330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET � 54.04 IT-KEYBOARD W/ TOUCHPAD 00049058 218811 49697167 1030.6229 GENERAL SUPPLIES INFORMATION TECHNOLOGY 3.48- 00049058 218811 49697167 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 26.51 IT-TRACKMAN MARBLE MOUSE 00049058 218812 49692851 1030.6229 GENERAL SUPPLIES INFORMATION TECHNOLOGY 1.71- 00049058 218812 49692851 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 747.18 IT-RICOH TONER 00049058 218813 49716675 1030.6229 GENERAL SUPPLIES �NFORMATION TECHNOLOGY 48.06- 00049058 218813 49716675 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET � 1,786.35 I 1593 12/21/2012 700491 GREATER TWIN CITIES UNITED WAY 115.50 UNITED WAY DEDUCTION 218258 1204121529186 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING 8AL SHEET I 115.50 UNITED WAY DEDUCTION 219004 121912745514 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET I 231.00 I 1594 12/21 /2012 101017 INTOXIMETERS 1,843.59 POLALCO-SENSOR (3) 218919 370324 1210.6211 SMALL TOOLS & EQUIPMENT POLICE FIELD OPERATIONS/PATROL 1,843.59 1595 12/21/2012 101696 LAW ENFORCEMENT LABOR SERV 45.00 POL UNION DUES #71 219009 121912745519 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 45.00 1596 72/27/2012 100289 LOGIS 24.00 NETWORK SERVICE 218955 36014 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 96.00 NETWORK SERVICES NOV 218956 35993 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY j 6.20 STATE WAN CHARGE 218957 35996 5205.6399 OTHER CHARGES ARENA 1 MANAGEMENT 15.50 STATE WAN CHARGE 218957 35996 5005.6399 OTHER CHARGES LIQUOR GENERAL OPERATIONS 77.50 STATE WAN CHARGE 218957 35996 5303.6399 OTHER CHARGES UTIUTY BILLING I 77.50 STATE WAN CHARGE 218957 35996 5303.6399 OTHER CHARGES UTILITY BILLING i 133.30 STATE WAN CHARGE 218957 35996 1040.6399 OTHER CHARGES DATA PROCESSING 'i 8,409.20 LOGIS ADDITIONAL SERVICE 218957 35996 1030.6725 CAPITA� OUTLAY-OFFICE EQUIP INFORMATION TECHNOLOGY � 168.06 LOGIS SERVICE 218958 35909 5205.6399 OTHER CHARGES ARENA 1 MANAGEMENT I 463.22 LOGIS SERVICE 218958 35909 5005.6399 OTHER CHARGES LIQUOR GENERAL OPERATIONS �I 4,598.13 LOGIS SERVICE 218958 . 35909 5303.6399 OTHER CHARGES UTIL�TY BILLING 4,598.13 LOGIS SERVICE 218958 35909 ' S303.6399 OTHER CHARGES UTILITY BILLWG , � CITY OF APP. .�LEY 12/� ='0:30:19 RSSCKREG Lv�20D00 "' Council Check Registe'r Page - 5 11/30/2012 -12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 13,773.46 LOGIS SERVICE 218958 35909 1040.6399 OTHER CHARGES DATA PROCESSING 32,440.20 7597 12/27/2012 122121 MARGRON SKOGLUND WINE IMPORTS 1,573.00 WINE #3 00046453 219399 20016838 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 21,00 FREIGHT #3 00046453 219400 20016838 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 1,548.00 WINE #3 00046453 219401 20016874 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 12.00 FREIGHT #3 00046453 219402 20016874 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 3,154.00 7598 12/21/2012 137425 MARSCHALL, STEPHANIE 83.50 MEALS-ELECTION JUDGES-ABB PR�J70601 218987 204 1015.6399 OTHER CHARGES CITY CLERK/ELECTIONS 11.57 SNACKS-ELECTION JUDGES-AB PR�QJ70601 218988 333334 1015.6399 OTHER CHARGES CITY CLERK/ELECTIONS 95.07 1599 12/27I2012 138249 MINNESOTA ENVIRONMENTAL PUND 44.50 MINNESOTA ENVIRONMENTAL FUND 219001 1219127455114 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 44.50 1600 12/21/2012 109947 NEW FRANCE WINE CO 324.00 WINE#3 00041046 219403 77329 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 4.50 FREIGHT#3 00041046 219404 77329 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 368.00 WINE#3 00041046 219405 77640 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 6.00 FREIGHT#3 00041046 219406 77640 5085.6550 FRE�GHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 702.50 7601 72/27/2012 118834 OPEN YOUR HEART 125.50 OPEN YOUR HEART DEDUCTION 218997 1219127455110 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 125.50 1602 12/27/2012 701500 PREMIUM WATERS INC 24.14 POL BOTTLED WATER 00038902 218920 3138051112 1250.6229 GENERAL SUPPLIES POLICE FACILITY 24.14 1603 72/21l2072 107709 SHAMROCK DISPOSAL 210.49 PK-30 YD DUMPSTER 00039459 218959 48524 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 210.49 STR-30 YD DUMPSTER 00039459 218959 48524 1610.6240 C�EANING SERVICE/GARBAGE REMOVSTREETlBOULEVARD REPAIR & MNTC 420.98 1604 12/21/2012 112351 SIMPLEX GRINNELL 430.70 CH FIRE ALARM MONITORING 00048476 218921 75787871 1060.6249 OTHER CONTRACTUAL SERVICES MUNICIPAL BLDG & GROUNDS MNTC 430.70 l R55CKREG LOG20000 CITY OF APPLE VALLEY 12l20/20120:30:19 l Council Check Register Page - 6 I 11/30/2012 - 12/21/2012 I Check # Date Amount Supplier / Explanatio� PO # Doc No Inv No Account No Subledge Account Description Business Unit �, 1605 72/21/2012 101226 STREAMLINE DESIGN INC �I 137.04 REC-VOLLEYBALL T-SHiRTS 00069004 218814 31510 1860.6229 GENERAL SUPPLIES REC VOLLEYBALL 137.04 1606 12I21/2012 137686 TOWMASTER 323.12 STR-BRINE VALVE 00071101 218815 343882 7630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 323.12 1607 72/21/2012 101123 USA BLUE BOOK 419.51 UTIL-GASKET/REAGENT/PAINT/LID 00069619 218989 833098 5330.6229 GENERAL SUPPLIES WTR MAIN/HYDRANT/CURB STOP MNT 419.51 1608 72/21/2012 100496 VAN PAPER CO 253.92 CMBAGS#1 00008795 219407 257771 5025.6229 GENERAL SUPPLIES LIQUOR #1 OPERATIONS 2.54- DISCT#1 00008795 219408 257771 5025.6333 GENERAL-CASH DISCOUNTS LIQUOR #1 OPERATIONS 115.95 CMBAGS#2 00008795 219409 258229 5065.6229 GENERAL SUPPLIES LIQUOR #2 OPERATIONS 1.16- DISCT#2 00008795 219410 258229 5065.6333 GENERAL-CASH DISCOUNTS LIQUOR #2 OPERATIONS 366.17 1609 12/21I2072 122010 VINOCOPIA 96.00 WINE#1 00046257 219411 66936 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 2.50 FREIGHT#1 00046257 219412 66936 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 232.00 WINE#1 00046257 219413 67196 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 4.50 FREIGHT#1 00046257 219414 67196 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 545.33 WINE#1 00046257 219415 67937 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 9.00 FREIGHT#1 00046257 219416 67937 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 848.00 WINE#1 00046257 279417 68779 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 18.00 FREIGHT#1 00046257 219418 68779 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 672.00 WINE#2 00046257 219419 67198 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 10.50 FREIGHT#2 00046257 219420 67198 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 80.00 WINE#2 00046257 219421 68258 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 1.50 FREIGHT#2 00046257 219422 68258 5055.6550 FREIGHT ON RESAIE MDSE LIQUOR #2 STOCK PURCHASES 99.75 TAX#3 00046257 219423 68408 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 12.00 FREIGHT#3 00046257 219424 68408 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 110.25 TAX#3 00046257 219425 68780 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 6.00 FREIGHT#3 00046257 219426 68780 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 96.00 WINE#3 00046257 219427 66935 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 2.50 FREIGHT#3 00046257 219428 66935 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 576.00 WINE#3 00046257 219429 67197 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 10.50 FREIGHT#3 00046257 219430 67197 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 106.00 LIQ#3 00046257 219431 67404 ' S085.6510 LIQUOR LIQUOR #3 STOCK HASES � CITY OFAPP. , _ .LLEY 12/: l0:30:19 R55CKREG LuG20000 Council Check Register Page - 7 11l3D/2012 -12/21/2012 Check �! Date Amount Supplier / Explanation PO # Doc No inv No Account No Subledger Account Description Business Unit 183.75 WINE#3 00046257 219432 67404 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 12.00 FRE�GHT#3 00046257 219433 67404 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 101.50 LIQ#3 00046257 219434 67938 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 208.00 WINE#3 00046257 219435 67938 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 4.50 FREIGHT#3 00046257 219436 67938 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 48.00 WINE#3 00046257 219437 68781 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 2.00 FREIGHT#3 00046257 219438 68781 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 4,098.08 7670 72/2112012 100528 ZIEGLER INC 57.32 UTIL-FILTER 00035447 218816 PC001425469 5390.6215 EQUIPMENT-PARTS SWR EQUIPNEHICLE MISC MNTC/RP 57.32 250639 12/19/2012 140639 CREATIVE HOME CONSTRUCTION 142.83 REF OVPMT UTIL-15600 DUNBERRY 218917 20121213 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 142.83 250640 12179/2072 143841 THOMPSON, CHRIS 49.62 REF OVPMT UTIL-15602 FINCH AVE 218918 20121213 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 49.62 250647 12I19/2012 138336 BERNICK'S BEVERAGE 20.00 NOTAX#1 00050356 219010 31327 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 6U.00 TAX#1 00050356 219010 31327 5015.6540 TAXABLE MISC FOR RESALE I.IQUOR #1 STOCK PURCHASES 302.95 BEER#1 00050356 219011 31328 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 20.00 TAX#2 00050356 219012 29937 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 20.00 NOTAX#2 00050356 219012 29937 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 255.20 BEER#2 00050356 219013 29938 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 678.15 250642 72/7912012 127092 BOURGET IMPORTS 1.50 FREIGHT#1 00045600 219014 110717 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 64.00 WINE#1 00045600 219014 110717 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 10.50 FREIGHT#3 00045600 219015 110932 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 504.00 WINE#3 00045600 219015 110932 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 580.00 250643 72/19/2012 100199 GETTMAN MOMSEN INC 112.53 TAX#1 00024781 219044 19091 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 62.56 TAX#2 00024781 219045 19095 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 172.84 TAX#3 00024781 219046 19094 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 347.93 R55CKREG LOG20000 CITY OF APPLE VALLEY 12/20/20130:30:19, I Council Check Register Pa9e 8 i 11/30/2012 -12/21/2012 �I Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 250644 12/19/2012 101046 GRAND PERE WINES INC ! 3.00 FREIGHT#3 00050535 219016 29260 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES I 520.00 WINE#3 00050535 219016 29260 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 523.00 I 250645 12/19/2012 100827 GRAPE BEGINNINGS INC I 15.75 FREIGHT#3 00032379 219017 146646 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES l 748.00 WINE#3 00032379 219017 146646 5085.6520 WINE LIQUOR #3 STOCK PURCHASES I 763.75 ' 2b0646 12/19/2012 100013 J J TAYLOR DISTRIBUTING CO OF I 5,867.20 BEER#1 00000116 219278 1962808 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 38.80 NOTAX#1 OOOD0116 219279 1962808 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 310.00 BEER#1 00000116 219280 1962809 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 25.00- CMBEER#1 00000116 219281 1962852 5015.6530 BEER LIQUOR #1 STOCK PURCHASES I 8,852.70 BEER#1 00000116 219282 1962856 5015.6530 BEER LIQUOR #1 STOCK PURCHASES l 15.00 TAX#1 00000116 219283 1962856 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 83.40 NOTAX#1 00000116 219284 1962856 5015.6545 NON-TAXABIE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES I 3,118.25 BEER#1 00000116 219285 1962889 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 8,358.50 BEER#1 00000116 219286 1962904 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 15.00 TAX#1 00000116 219287 1962904 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 83.40 NOTAX#1 00000116 219288 1962904 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 226.00 BEER#1 00000116 219289 1962905 5015.6530 BEER LIQUOR #1 STOCK PURCHASES I 5,341.95 BEER#1 00000116 219290 1962971 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 2,377.45 BEER#2 00000116 219291 1932188 5055.6530 BEER L�QUOR #2 STOCK PURCHASES 4,007.35 BEER#2 00000116 219292 1962847 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 15.00 TAX#2 00000116 219293 1962847 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES ' 57.25 BEER#2 00000116 219294 1962864 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 2,378.70 BEER#2 00000116 219295 1962882 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 1,295J8 BEER#2 00000116 219296 1962920 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 44.60 NOTAX#2 00000116 219297 1962920 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 2,073.55 BEER#2 00000116 219298 1962950 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 2,600.65 BEER#3 00000116 219299 1932192 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 38.80 NOTAX#3 00000116 219300 1932192 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 3,877.35 BEER#3 00000116 219301 1962845 5085.6530 BEER LIQUOR #3 STOCK PURCHASES i 23.00 TAX#3 00000116 219302 1962845 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 2,821.80 BEER#3 00000116 279303 1962881 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 15.00 TAX#3 00000116 219304 1962881 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 83.40 NOTAX#3 00000116 219305 1962881 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 2,652.03 BEER#3 00000116 219306 1962919 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 38.80 NOTAX#3 00000116 219307 1962919 5085.6545 NON-TAXABLE MISC fOR RESALE LIQUOR #3 STOCI! �HASES CITYOFAPP� ;LLEY 72/2 0:30:19 RSSCKREG LVG20000 Council Check Register Page - 9 11/30/2012 - 12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 3,109.80 BEER#3 00000116 219308 1962970 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 59,795.51 250647 12/79/2012 100255 JOHNSON BROTHERS LIQUOR 5,004.08 WINEtF1 00000109 219085 1434719 5015.6520 VNNE LIQUOR #1 STOCK PURCHASES 2,034.40 WINE#1 00000109 219086 1434721 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 95.00 WINE#1 00000109 219087 1434728 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 4,816.62 WINE#1 00000109 219088 1434730 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,744.92 WINE#1 00000109 219089 1437411 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 103.45 WINE#1 00000109 219090 1439649 5015.6520 VNNE LIQUOR #1 STOCK PURCHASES 6,754.37 WINE#1 00000109 219091 1444550 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 3,194.00 WINE#1 00000109 219092 1444555 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,535.17 WINE#1 00000109 219093 1444557 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 2,047.67 WINE#1 00000109 21909A 1444559 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,029.00 WINE#1 00000109 219095 1445641 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 456.00 WINE#1 00000109 219096 1450215 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 66.20 WINE#1 00000109 219097 1450217 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 569.25 WINE#1 OOOD0109 219098 1450219 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 45.75 WINE#1 00000109 219099 1450221 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 235.30 WINE#2 00000109 219100 1434724 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 674.00 WINE#2 00000109 219101 1434727 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 745.10 WINE#2 00000109 219102 1434732 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 807.27 WINE#2 00000109 219103 1434735 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 1,634.02 WINE#2 00000109 219104 1434737 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 1,945.00 WINE#2 00000109 219105 1444553 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 737.54 WINE#2 00000109 219106 1444562 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 443.90 WINE#2 00000109 219107 1444564 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 1,452.55 WINE#2 00000109 219108 1444567 5055.6520 VNNE LIQUOR #2 STOCK PURCHASES 588.00 WINE#2 00000109 219109 1445639 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 240.00 WINE#2 00000109 219110 1450224 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 844.60 WINE#2 00000109 219111 1450225 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 996.47 WINE#2 00000109 219112 1450227 5055.6520 VNNE LIQUOR #2 STOCK PURCHASES 434.55 WINE#3 00000109 219113 1450229 5085.6520 1MNE LIQUOR #3 STOCK PURCHASES 658.84 WINE#3 00000109 219114 1434725 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1,730.49 WINE#3 00000109 219115 1434738 5085.6520 WiNE LIQUOR #3 STOCK PURCHASES 3,524.26 VNNE#3 00000109 219116 1434739 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 2,408.75 WINE#3 00000109 219117 1434740 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1,329.10 WINE#3 00000109 219118 1439624 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 2,246.00 WINE#3 00000109 219119 1444554 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 5,027.65 WINE#3 00000109 219120 1444569 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 2,398.96 WINE#3 00000109 219121 1444571 5085.6520 WINE LIQUOR #3 STOCK PURCHASES R55CKREG LOG20000 CITY OF APPLE VALLEY 12/20/20130:30:19 Council Check Register Page - 10 11/30/2012 -12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 946.52 WINE#3 00000109 219122 1444574 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 588.00 WINE#3 00000109 219123 1445640 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 765.75 WINE#3 00000109 219124 1445644 5085.6520 WINE LIQUOR #3 STOCK PURCHASES j 85.54 WINE#3 00000109 219125 1450213 5085.6520 WINE LIQUOR #3 STOCK PURCHASES ! 760.00 WINE#3 00000109 219126 1450234 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 196.25 BEER#1 00000109 219127 1430326 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 20.99 BEER#2 00000109 219128 1444563 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 75.80 TAX#1 00000109 219129 1429408 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 68.50 TAX#1 00000109 219130 1444548 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 82.70 TAX#1 00000109 219131 1444551 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 16.00 NOTAX#1 00000109 219132 1444551 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #i STOCK PURCHASES ', 90.75 TAX#2 00000109 219133 1429413 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 34.25 TAX#2 00000109 219134 1450231 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 30.25 TAX#3 00000109 219135 1429420 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 36.00 NOTAX#3 00000109 219136 1450233 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 2,339.23 LIQ#1 00000109 219137 1429402 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 3,030.31 LIQ#1 00000109 219138 1429403 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 7,838.60 LIQ#1 00000109 219139 1429404 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 2,817.63 LIQ#1 00000109 219140 1429407 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES �, 1,022.50 LIQ#1 00000109 219141 1434722 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES ! 240.00 LIQ#1 00000109 219142 1434726 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 295.95 LIQ#1 00000109 219143 1434729 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 229.08 LIQ#1 00000109 219144 1437412 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 6,040.29 LIQ#1 00000109 219145 1444547 5015.651� LIQUOR LIQUOR #1 STOCK PURCHASES 316.04 LIQ#1 00000109 219146 1444558 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES , 1,125.19 LIQ#1 00000109 219147 1450214 5015.6510 �IQUOR LIQUOR #1 STOCK PURCHASES 487.00 LIQ#1 00000109 219148 1450218 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 4,844.55 LIQ#1 00000109 219149 1450220 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 9,835.95 LIQ#1 00000109 219150 1450222 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 9.00 LIQ#2 00000109 219151 1424244 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 238.27 LIQ#2 00000109 219152 1429409 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 137:55 LIQ#2 00000109 219153 1429411 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 2,910.35 LIQ#2 00000109 219154 1429412 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 269.85 LIQ#2 00000109 219155 1429414 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 120.00 LIQ#2 00000109 219156 1434731 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 391.51 LIQ#2 00000109 219157 1434733 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 106.00 LIQ#2 00000109 219158 1434734 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 124.40 LIQ#2 00000109 219159 1434736 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 3,509.83 LIQ#2 00000109 219160 1444565 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 1,193.98 LIQ#2 00000109 219161 1444566 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 437.75 LIQ#2 00000109 219162 1450223 5055.6510 I.IQUOR LIQUOR #2 STOCK PLIftCHASES I » I CITY OF APP� :tLEY 12/� 030:19 R55CKREG LOG20000 " Council Check Register Page - 11 11/30/2012 -12/21/2012 Check # Date Amount Suppfier / Explanation PO # Doc No Inv No Account No Subiedger Account Description Business Unit 502.00 LIQ#2 00000109 219163 1450226 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 1,436.46 LIQ#2 00000109 219164 1450228 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 3,546.93 LIQ#2 00000109 219165 1450230 5055.6510 LIQUOR L�QUOR #2 STOCK PURCHASES 1,364.65 LIQ#3 00000109 219166 1429416 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 811.67 LIQ#3 00000109 219167 1429418 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 5,584.38 LIQ#3 00000109 219168 1429419 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 1,351.84 lIQ#3 00000109 219169 1429421 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 185.10 LIQ#3 00000109 219170 1429417 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 182.01 LIQ#3 00000109 219171 1437413 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 205.49 LIQ#3 00000109 219172 1444561 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 3,311.82 LIQ#3 00000109 219173 1444572 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 279.00 LIQ#3 00000109 219174 1444573 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 402.50 LIQ#3 00000109 219175 1450232 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 3,882.67 LIQ#3 00000109 219176 1450235 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 8,441.16 LIQ#3 00000109 219177 1450236 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 16.92- CMLIQ#1 00000109 219178 556090 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 4.17- CMLIQ#1 00000109 219179 556091 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 10.00- CMLIQ#1 00000109 219180 556249 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 145,762.93 250648 72H9I2012 100021 MAMUNDSONLLP 162.92 TAX#2 00044390 219018 142538 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 424.40 NOTP.X#2 00044390 219018 142538 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 75.00 TAX#2 00044390 219019 143712 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 427.26 NOTAX#2 00044390 219019 143712 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 369.00 NOTAX#3 00044390 219020 143256 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 438.08 TAX#3 00044390 219020 143256 5085.6540 TAXABLE MISC FOR RESALE UQUOR #3 STOCK PURCHASES 1, 696.66 250649 12/19/2012 100757 PHILLIPS WINE & SPIRITS INC 224.00 TAX#1 00000106 219047 2347519 5015.6540 TAXABLE MISC FOR RESALE IIQUOR �1 STOCK PURCHaSES 112.00 TPJC#3 00000106 219048 2340342 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 484.00 WINE#1 00000106 219049 2340333 5015.6520 VNNE LIQUOR #1 STOCK PURCHASES 4,304.34 WINE#1 00000106 219050 2340335 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 62.00 WINE#1 00000106 219051 2344132 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 97.90 WINE#1 00000106 219052 2344134 5015.6520 VNNE LIQUOR #1 STOCK PURCHASES 3,808.10 WINE#1 00000106 219053 2347518 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 823.31 WINE#1 00000106 219054 2347521 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 716.00 WINE#2 00000106 219055 2340331 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 321.27 WINE#2 00000106 219056 2340336 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 1,314.46 WINE#2 00000106 219057 2340339 5055.6520 VNNE LIQUOR #2 STOCK PURCHASES R55CKREG LOG2oo00 CITY OF �PPLE VALLEY 12/20/20120:30:19 Councii Gheck Register Page - 12 11/30/2012i -12/21/2012 I Check # Date Amount Supplier / Explanation PO # Doc No Inv No I Account No Subledge Account Description Business Unit 194.00 WINE#2 00000106 219058 2347520 5055.6520 WINE LIQUOR #2 STOCK PURCHASES ' 650.91 WINE#2 00000106 219059 2347522 ( 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 349.03 WINE#2 00000106 219060 2347523 i 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 104.00 WINE#3 00000106 219061 2325727 i 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1,704.00 WINE#3 00000106 219062 2340332 ; 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 390.44 WINE#3 00000106 219063 2340334 � 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 3,023.70 WINE#3 00000106 219064 2340341 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 170.00 WINE#3 00000106 219065 2347516 I 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 344.00 W�NE#3 00000106 219066 2347524 i� 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 640.00 WINE#3 00000106 219067 2347523 I 5085.6520 WINE LIQUOR #3 STOCK PURCHASES i 3.33- CMWINE#1 00000106 219068 3494703 I 5015.6520 WINE LIQUOR #1 STOCK PURCHASES I 24.00- CMWINE#2 00000106 219069 3494783 j 5055.6520 WINE LIQUOR #2 STOCK PURCHASES I 8.00- CMWINE#3 00000106 219070 3494781 '� 5085.6520 WINE LIQUOR #3 STOCK PURCHASES I 23.95 NOTAX#1 00000106 219071 2344136 I ' I 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 76.00 TAX#3 00000106 219072 2344140 I 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 20.00 NOTAX#3 00000106 219073 2344140 5085.6545 NON-TAXABLE MISC FOR RESALE IIQUOR #3 STOCK PURCHASES 158.96 BEER#3 00000106 219074 2344131 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 114.95 BEER#3 00000106 219075 2347517 I 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 885.60 LIQ#1 00000106 219076 2340337 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 2,665.30 LIQ�1 00000106 219077 2344135 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 812.69 LIQ#2 00000106 219078 2340340 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 1,363.77 LIQ#2 00000106 219079 2344138 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 1,119.95 lIQ#3 00000106 219080 2340343 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES �i 986.09 LIQ#3 00000106 219081 2344139 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES I 71.00 LIQ#3 00000106 219082 2347527 5085.6510 LIQUOR IIQUOR #3 STOCK PURCHASES ', 30.95- CMBEER#1 00000106 219083 3494702 � 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 3.75- CMLIQ#1 00000106 219084 3494704 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 27,465.69 250650 12/19/2012 100524 SOUTHERN WINE & SPIRITS OF MN 114.83 LIQ#1 00050756 279181 1920763 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 9.89- CMLIQ#1 00507656 219182 1948360 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES I 355.46 LIQ#1 00050756 219183 1922589 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 6,991.49 LIQ#1 00050756 219184 1928355 � 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 502.45 LIQ#1 00050756 219185 1935132 � 5015.6510 �IQUOR LIQUOR #1 STOCK PURCHASES 677.73 LIQ#1 00050756 219186 1938595 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 7,014.67 LIQ#1 00050756 219187 1955390 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 16.21- CMLIQ#1 00050756 219188 1955390 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 1,265.64 LIQ#1 00050756 219189 1948855 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 89.90- CMLIQ#1 FOR INV#1867010 8/2/12 00050756 219190 1839918 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 6.52- CMLIQ#1 00050756 219191 1932522 5015.6510 LIQUOR LIQUOR #1 STOCK P��RCHASES R55CKREG LuG20000 CINOFAPP, r�LEY 12/2 0:30:19 _ Council Check Register Page - 13 11l30/2012 -12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 155.00- CMLIQ#1 00050756 219192 1947626 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 11.25- CMLIQ#1 00050756 219193 1955537 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 6.34- CMUQ#1 00050756 219194 1953721 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 7.56- CMLIQ#1 00050756 219195 1953721 . 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 584.00 WINE#1 00050756 219196 1929501 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 3,580.00 WINE#1 00050756 219197 1934069 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 3,484.00 WINE#1 00050756 219198 1936844 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 200.00 WINE#1 00050756 219199 1934098 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 336.00 WINE#1 00050756 219200 1936909 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 2,745.00 WINE#1 00050756 219201 1935100 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,696.00 WINE#1 00050756 219202 1936929 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 144.00 WINE#1 00050756 219203 1960414 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 40.00 WINE#1 00050756 219204 1960419 5015.6520 1MNE LIQUOR #1 STOCK PURCHASES 72.00 WINE#1 00050756 219205 1970428 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 645.68 WINE#1 00050756 219206 1960462 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 96.00- CMVNNE#1 00050756 219207 1952197 5015.6520 WINE LIQUOR #1 STOCK PURCHASES � 998.00 WINE#1 00050756 219208 1972437 5015.6520 VNNE LIQUOR #1 STOCK PURCHASES 96.00- CMWINE#1 00050756 219209 1952198 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 428.00 WINE#1 00050756 219210 1970459 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 184.00 WINE#1 00050756 219211 1960483 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,604.00 WfNE#1 00050756 219212 1972461 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 176.00 WINE#1 00050756 219214 1972484 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 2,171.02 LIQ#2 00050756 219215 1928359 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 268.48 LIQ#2 00050756 219216 1934987 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 116.91 LIQ#2 00050756 219217 1948856 5055.6510 L�QUOR LIQUOR #2 STOCK PURCHASES 1,446.92 LIQ#2 00050756 219218 1955392 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 7.91- CMLIQ#2 00050756 219219 1932528 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 272.00 WINE#2 00050756 219220 1929502 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 800.00 WINE#2 00050756 219221 1934070 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 2,053.00 WINE#2 00050756 219222 1936846 5055.6520 VNNE LIQUOR #2 STOCK PURCHASES 168.00 WINE#2 00050756 219223 1935949 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 340.00 WINE#2 00050756 219224 1936927 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 658.00 WINE#2 00050756 219225 1935101 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 464.00 WINE#2 00050756 219226 1972439 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 880.00 WINE#2 00050756 219227 1970457 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 224.00 WINE#2 00050756 219228 1972460 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 184.00 WINE#2 00050756 219229 1960484 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 575.82 LIQ#3 00050756 219246 1920764 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 5,391.54 LIQ#3 00050756 219247 1928364 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 80.63- CMLIQ#3 00050756 219248 1936524 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 221.57- CMLIQ#3 00050756 219249 1948186 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES R55CKREG LOG20000 CITY OF APPLE VALLEY 12/20/20120:30:19 Council Check Register Page - 14 11l30/2012 -12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 350.61 LIQ#3 00050756 219250 1938596 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 3.00- CMLIQ#3 00050756 219251 1938596 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 2,424.05 LIQ#3 00050756 219252 1948864 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 4,925.13 LIQ#3 00050756 219253 1955397 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 5.41- CMLIQ#3 00050756 219254 1955397 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 2,076.64 WINE#3 00050756 219255 1929500 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 3,123.66 WINE#3 00050756 219256 1934071 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 120.00- CMWINE#3 00050756 219257 1934071 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 88.00 WINE#3 00050756 219258 1934072 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 4,304.00 WINE#3 00050756 219259 1936845 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1,600.00 WINE#3 00050756 219260 1929529 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 904.00 WfNE#3 00050756 219261 1935950 5085.6520 VNNE LIQUOR #3 STOCK PURCHASES 2,546.46 WINE#3 00050756 219262 1936928 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 9.40- CMWINE#3 00050756 219263 1936928 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1,639.96 WINE#3 00050756 219264 1960416 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 2,556.66 WINE#3 00050756 219265 1935102 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 14.00- CMWINE#3 00050756 219266 1935102 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 219.96 WINE#3 00050756 219267 1939145 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 406.16 WINE#3 00050756 219268 1960463 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1,331.00 WINE#3 00050756 219269 1970458 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 2,251.48 WINE#3 00050756 219270 1972438 5065.6520 WINE LIQUOR #3 STOCK PURCHASES 18.80- CMWINE#3 00050756 219271 1972438 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 104.D0- WINE#3 00050756 219272 1952311 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 184.00 WINE#3 00050756 219273 1960485 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 80.00 WINE#3 00050756 219274 1960494 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 3,698.00 WINE#3 00050756 219275 1972464 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 138.00- CMWINE#3 00050756 219276 1972464 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 100.00 WINE#3 00050756 219277 1972487 5085.6520 WINE LIQUOR #3 STOCK PURCHASES I 83,445.02 ' 250651 12/79/2012 743722 VINIPERA MINNESOTA 228.00 WINE#1 00051261 219242 324022 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 774.00 WINE#3 00051261 219243 323994 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 357.00 WINE#3 00051261 219244 324020 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 129.00 WINE#3 00051261 219245 324080 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1,488.00 250652 72/19/2012 737725 VINO ANDES LLC �I 4.10 FREIGHT#3 00050195 219024 WEB000864 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES l 275.00 WINE#3 00050195 219024 WEB000864 5085.6520 WINE LIQUOR #3 STOCK PURCHASES �I 4.10 FREIGHT#3 00050195 219025 WEB000865 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES I i i CITY OF APF (LLEY 12/: 30:30:19 R55CKREG �0�20000 " Council Check Register Page - 15 11/30/2012 -12/21/2012 Check # Date Amount Supplier / Expianation PO # Doc No Inv No Account No Subledger Account Description Business Unit 186.00 WINEt�3 00050195 219025 WE6000865 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 469.20 250653 12/79/2012 100520 WINE COMPANY, THE 8.40 FREIGHT#1 00015926 219026 314899 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 424.00 WINE#1 00015926 219026 314899 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 8.40 FREIGHT#1 00015926 219027 316281 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 376.00 WINE#1 00015926 219027 316281 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 24.75 FREIGHT#1 00015926 219028 317642 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 1,260.00 WINE#1 00015926 219028 317642 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 11.55 FREIGHT#2 00015926 219029 314897 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 504.00 WINE#2 00015926 219029 314897 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 9.90 FREIGHT#2 00015926 219030 317640 5055:6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 456.00 WINE#2 00015926 219030 317640 5055.6520 1MNE LIQUOR #2 STOCK PURCHASES 26.40 FREIGHT#3 00015926 219031 314898 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 1,704.00 WINE#3 00015926 219031 314898 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 4,813.40 250654 12/19/2012 100521 WINE MERCHANTS 970.00 WINE #1 00022992 219230 431888 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1,109.55 WINE #1 00022992 219231 433683 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 3,654.65 WINE #1 00022992 219232 435732 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 74:00 WINE#2 00022992 219233 433684 5055.6520 VNNE LIQUOR #2 STOCK PURCHASES 880.00 WINE#2 00022992 219234 435733 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 288.00 WINE#3 00022992 219235 431889 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1,482.00 WINE#3 D0022992 219236 431890 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 810.00 WINE#3 00022992 219237 433685 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1,032.00 WINE#3 00022992 219238 435734 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 69.99 BEER#3 00022992 219239 434747 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 24.00- CMWINE#1 00022992 219240 59662 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 24.00- CMWINE#1 00022992 219241 59663 5015.6520 VNNE LIQUOR #1 STOCK PURCHASES 10,322.19 250655 12I79/2012 100152 WIRTZ BEVERAGE MINNESOTA WINE 87.40 FREIGHT#1 00001930 219033 136390 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 5,481.97 WINE#1 00001930 219033 136390 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 95.80 WINE#1 00001930 219034 138881 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 46.00 FREIGHT#1 00001930 219035 142493 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 3,038.28 WINE#1 00001930 219035 142493 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 39.10 FREIGHT#2 00001930 219036 136385 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 119.85 TAX#2 00001930 219036 136385 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 1,967.51 WINE#2 00001930 219036 136385 5055.6520 WINE LIQUOR #2 STOCK PURCHASES R55CKREG LOG20000 CITYOFAPPLEVALLEY 12/20/20120:30:19 Council Check Register Page - 16 11/30/2012 -12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 9.20 FREIGHT#2 00001930 279037 142488 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 579.87 WINE#2 00001930 219037 142488 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 48.00 WINE#2 00001930 219038 142489 5055.6520 WINE LIQUOR #2 STOCK PURCHASES 96.60 FREIGHT#3 00001930 219039 136378 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 257.85 TAX#3 00001930 219039 136378 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 4,773.67 WINE#3 0000193U 219039 136378 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 18.40 FREIGHT#3 00001930 219040 137839 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 1,042.96 WINE#3 00001930 219040 137839 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 27.60 FREIGHT#3 00001930 219041 142481 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 2,485.21 WINE#3 00001930 219041 142481 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 39.95- CMWINE#1 00001930 219042 873742 5015.6520 WINE LIQUOR #1 STOCK PURCHASES �� 1.15- CMFREIGHT#1 00001930 219042 873742 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES �I 5.33- CMWINE#3 00001930 219043 873073 5085.6520 WINE LIQUOR #3 STOCK PURCHASES ' 20,168.84 i 250656 12/19/2012 100219 WIRTZ BEVERAGE MINNESOTA WINE I 79.98 NOTAX#1 00000105 219309 139757 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES � 3.45 FREIGHT#1 00000105 219310 139757 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 'i 22.34 TAX#1 00000105 219311 142495 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 99.13 NOTAX#1 00000105 219312 142495 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 575 FREIGHT#1 00000105 219313 142495 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES I 34.16 TAX#1 00000105 219314 145902 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES I 1.15 FREIGHT#1 00000105 219315 145902 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 68.32 TAX#2 00000105 219316 145898 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 27.96 NOTAX#2 00000105 219317 145898 5055.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES , 3.45 FREIGHT#2 00000105 219318 145898 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES ' 158.31 TAX#3 00000105 219319 145889 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 151.37 NOTAX#3 00000105 219320 145889 5085.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 11.50 FREIGHT#3 00000105 219321 145889 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK RURCHASES 746.55 LIQ#1 00000105 219322 136388 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 11.50 FREIGHT#1 00000105 219323 136388 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 2,591.04 LIQ#1 00000105 219324 136389 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES I 24.15 FREIGHT#1 00000105 219325 136389 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES I 176J6 LIQ#1 00000105 219326 137859 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES , 2.30 FREIGHT#1 00000105 219327 137859 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 115.45 LIQ#1 00000105 219328 142494 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES ' 1.15 FREIGHT#1 00000705 219329 142494 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 188.92 LIQ#1 00000105 219330 142496 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 2.30 FREIGHT#1 00000105 219331 142496 5015.6550 FREIGHT ON RESAIE MDSE LIQUOR #1 STOCK PURCHASES 264.50 LIQ#1 00000105 219332 143698 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 457.33 LIQ#1 00000105 219333 143878 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES R55CKREG Lw20000 CITYOFAPP. �LEY 12/2 D:30:19 Council Check Register Page - 17 11l30/2072 -12/21/2012 Check # Date Amoun Suppiier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 4,630.71 L�Q#1 00000105 219334 145901 5015.6510 L�QUOR LIQUOR #1 STOCK PURCHASES 41.40 FREIGHT#1 00000105 219335 145901 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 2,004.79 LIQ#2 00000105 219336 136384 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 76.10 FREIGHT#2 00000105 219337 136384 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 174.03 LIQ#2 00000105 219338 142490 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 2.30 FREIGHT#2 00000105 279339 142490 5055.6550 FRE�GHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 1,144.82 LIQ#2 00000105 219340 145897 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 13.80 FREIGHT#2 00000105 219341 145897 5055.6550 FREIGHT ON RESALE MDSE LIQUOR #2 STOCK PURCHASES 1,691.54 LIQ#3 00000105 219342 136377 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 18.40 FREIGHT#3 00000105 219343 136377 5085.6550 FREIGHT ON RESAIE MDSE LIQUOR #3 STOCK PURCHASES 88.38 LIQ#3 00000105 219344 137539 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 1.15 FREIGHT#3 00000105 219345 137539 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 82.25 LIQ#3 00000105 219346 137840 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 1.15 FREIGHT#3 00000105 219347 137840 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 482.29 LIQ#3 00000105 219348 142036 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 1.15 FREIGHT#3 00000105 219349 142036 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 381.83 LIQ#3 00000105 219350 142482 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 3.45 FREIGHT#3 00000105 219351 142482 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 827.65 LIQ#3 00000105 219352 143329 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 62.76 LIQ#3 00000105 219353 143867 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 1.15 FREIGHT#3 00000105 219354 143867 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 4,572.56 LIQ#3 00000105 219355 145883 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 42.55 FREIGHT#3 00000105 219356 145883 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 18.40- CMLIQ#1 00000105 219357 872795 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 9.17- CMLIQ#1 00000105 219358 873076 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 122.49- CMLIQ#1 00000105 219359 874276 5015.6510 LIQUOR LIQUOR #1 STOCK PURCHASES 1.15- FREIGHT#1 00000105 219360 874276 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 41.52- CMLIQ#2 00000105 279361 871743 5055.6510 LIQUOR LIQUOR #2 STOCK PURCHASES 39.54- CMLIQ#3 00000105 219362 872586 5085.6510 IIQUOR LIQUOR #3 STOCK PURCHASES 180.00- CMLIQ#3 00000105 219363 873434 5085.6510 LIQUOR LIQUOR #3 STOCK PURCHASES 1.15- FREIGHT#3 00000105 219364 873434 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 21,121.61 250657 12H912012 141325 WORLDWIDE CELLARS 12.00 FREIGHT#1 00050755 219021 67036 5015.6550 FREIGHT ON RESALE MDSE LIQUOR #1 STOCK PURCHASES 815.83 4NNE#1 00050755 219021 67036 5015.6520 WINE LIQUOR #1 STOCK PURCHASES 1.50 FREIGHT#3 00050755 219022 67068 5085:6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 184.00 WINE#3 00050755 219022 67068 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 6.00 FREIGHT#3 00050755 219023 67266 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 352.00 WINE#3 00050755 219023 67266 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 1, 371.33 R55CKREG LOG20000 CITY OF APPLE VALLEY 12/20/20120:30:19 ' Council Check Register Page - 18 11/30/2012 -12/21/2012 Check # Date Amount Suppiier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 250658 12/19/2012 737143 Z WINES 10.00 FREIGHT#3 00049968 219032 11573 5085.6550 FREIGHT ON RESALE MDSE LIQUOR #3 STOCK PURCHASES 412.00 WINE#3 00049968 219032 11573 5085.6520 WINE LIQUOR #3 STOCK PURCHASES 422.00 250659 12/19/2012 700009 AFSCME COUNCIL �15 1,950.24 UNION DUES AFSCME 219455 121202W 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,950.24 250660 72/19/2012 101431 HEALTH FUND, THE 128.50 HEALTH FUND DEDUCTION 219008 121912745518 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 128.50 260661 12/19/2012 123153 BESSE, DARRIN 150.00 UTIL-BOOTS BESSE 218782 20121210 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 150.00 250662 12/19/2012 128731 BILEK, MATTHEW 36.07 GOLF-MILEAGE BILEK 218800 20121128 5105.6277 MILEAGE/AUTO AILOWANCE GOLF MANAGEMENT 36.07 250663 12/19/2072 701254 HAMANN-ROLAND, MARY 400.00 NLC BOARD-13 HAMANN-RO�AND WDC 219439 20121219 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 400.00 250664 12179/2012 100770 HARMSEN, DONALD R 32. 00 DAKOTA CTY BLDG OFF LUNCH MTG 218783 20121205 1460.6275 SCHOOLS/CONFERENCES/EXP LOCAL INSPECTIONS TRAINING 32.00 250665 12/19/2012 100925 HEMPHILL, KRISTIN I 43.76 REGGINGERBREAD SUPPLIES 218801 20121203 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL I 43J6 I �' 250666 12/79/2012 700263 KEHRER, JEFFREY J ' 3.61 NR-FUEL, ICEAUGER 218929 20121210 1520.6212 MOTOR FUELS/OILS NATURAL RESOURCES I 16.65 NR-MILEAGE NOV 218929 20121210 1520.6277 MILEAGE/AUTOALLOWANCE NATURAL RESOURCES ' 20.26 250667 12/19/2012 700271 KROYER, DANIEL C 223.96 PK-JEANS, BOOTS KROYER 218784 20121204 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 223.96 'e CITYOFAPk ,LLEY 12/: 10:30:19 R55CKREG �.�20000 -' Council Check Register Page - 19 11/30/2012 -12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Descriptio Business Unit 250668 12/19/2012 107019 MURPHY, JOANNE H 12.22 DEV MI�IEAGE AUG-SEPT 218928 20121023 1100.6275 SCHOOLS/CONFERENCES/EXP LOCAL DEV MANAGEMENT 22.20 DEV MILEAGE JUL-OCT 218928 20121023 1100.6277 MILEAGE/AUTO ALLOWANCE DEV MANAGEMENT 34.42 250669 12/79/2072 123759 . NORDQUIST, BRUCE 10.00 REG COUNCIL OF MAYORS LUNCH MT 218802 20120911 1100.6275 SCHOOLS/CONFERENCES/EXP LOCAL DEV MANAGEN}ENT 10.00 250670 72/19/2012 100505 WACHTER, GARY N 13.99 PK-JEANS WACHTER 218785 20121125 1710.6281 UNIFORMlCLOTHINGALLOWANCE PARK MAINTENANCE MANAGEMENT 13.99 250671 12119I2012 100629 ZINCK, JAMES R 72.15 GOLF-MILEAGE ZINCK 218803 20121129 5105.6277 MILEAGE/AUTOALLOWANCE GOLF MANAGEMENT 72.15 250672 12179/2012 100007 A& B AUTO ELECTRIC INC 60.38 POL-ALTERNATOR RPR/PULLEY/BR0�35167 218817 62883 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 60.38 250673 12/19/2012 138493 ALAN EDEL OIL SERVICE INC 398.30 STR-FLOOR DRY 00070707 278986 817 1630.6229 GENERAL SUPPLIES STREET EQUIPMENT MAINTENANCE 398.30 250674 72/79l2012 100023 ANDERSEN INC, EARL F 1,410.88 STR-2012 TRAF HDWR & BRACKET3)0035421 218818 1009091N 1685.6229 GENERAL SUPPLIES STREET MARKING & TRAFFIC CONTR 1,410.88 250675 12119/2012 177451 ANNANDALE, CITY OF 375.00 RIFLE ARMORER COURSE-WOLF 00071151 218960 WOLF 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 375.00 250676 72/1912012 100047 APPLE VALLEY MEDICAL CLINIC LT 30.00 POL-BLOOD ALCOHOL DRAW FEE 218819 208236 1210.6399 OTHER CHARGES POLICE FIELD OPERATIONS/PATROL 30.00 250677 12/1912012 100978 APPLE VALLEY RENTAL 22.98 CMF-RENT PIANO DOLLY 2 PIECE 00068350 218820 18610 1540.6310 RENTAL EXPENSE CMF BUILDINGS & GROUNDS MNTC 22.98 R55CKREG LOG20000 CITY OF APPLE VALLEY 12/20/20120:30:19 I Council Check Register Page - 20 I 11/30/2012 -12/21/2012 Check # Date Amount Suppiier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 250678 12119/2072 127073 APPLE VALLEY SENIORS , 36.00 NEW YEARS PARTY 218798 20121210 1001.4359 REC SENIOR REVENUE-REIMB GENERAL FUND REVENUE I 80.00 MEMBERSHIP 218798 20121210 1001.4359 REC SENIOR REVENUE-REIMB GENERAL FUND REVENUE 100.00 LUNCH BUNCH 218798 20121210 1001.4359 REC SENIOR REVENUE-REIMB GENERAL FUND REVENUE 216.00 250679 12/79/2012 109954 BERRY COFFEE COMPANY 173.75 CMF-BEVERAGES FOR MTGS 00050679 218787 1058951 1540.6229 GENERAL SUPPLIES CMF BUILDINGS & GROUNDS MNTC 173.75 2b0680 12/19/2012 100089 CARQUEST , 62.09 SHOP-LASER ALIGNMENT TOOL 00035174 218961 1594184069 1530.6211 SMALL TOOLS & EQUIPMENT CMF SHOP EQUIP MNTC & REPAIR � 2.98 POL-BULB 00035174 218962 1594183737 1210.6215 EQUIPMENT-PARTS POLICE FIELD OPERATIONS/PATROL 8.97 PK-SEALED BEAM BULB 00035174 218962 1594183737 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE I 74.04 I 250681 12/19/2012 128535 CARTEGRAPH SYSTEMS IN I 6,305.17 CODE IMPLEMENT SVCS, EXP REIM�I051236 218930 37287 1013.6249 OTHER CONTRACTUAL SERVICES CODE ENFORCEMENT 6,305.17 250682 12/1912012 101408 CLEAN-FLOINTERNATIONAL 119.40 WQ-AIR FILTER KITS ALIMAG AERA 00067399 218821 4591A 5505.6215 EQUIPMENT-PARTS STORM DRAIN UTILITY 7,gg_ 00067399 218821 4591A 55002330 DUE TO OTHER GOVERNMENT STORM DRAIN UTIL BALANCE SHEET 111.72 250683 12/19/2072 130960 COLD SPRING MEMORIAL GROUP I 899.33 CEM-WHITE BENCH WITH ENGRAVING 218822 M316990 5605.6229 GENERAL SUPPUES CEMETERY 899.33 ' 250684 12N9/2012 102125 COMMERCIAL ASPHALT CO 119.02 STR-HOT MIXASPHALT 2012 00035427 218823 NP35427 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR & MNTC 119.02 250685 12119l2012 122019 CROWN RENTAL - BURNSVILLE 1,998.56 STR•PNEUMATIC POST DRIVER/THRID051267 218824 1363441 1680.6211 SMALL TOOLS & EQUIPMENT TRAFFIC SIGNS/SIGNALS/MARKERS 1,998.56 250686 12H9/2012 100124 DAKOTA COUNTY PROPERTY RECORDS 46.00 FILING FEE-MORNINGVIEW CONDOS 218974 20121212 4902.6399 OTHER CHARGES PHYSICAL IMPROVEMENTS ESCROW 46.00 250687 12/1 ? 120652 DAKOTA COUNTY TREASURER CITYOFAPF :LLEY 12l. .0:30:19 RSSCKREG � cv�i20000 ""' Council Check Register Page - 21 11 /30/2012 -12/21 /2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 3,423.00 DEV-AV SHARE OF PICTOMETRY2012 218825 2012PICAV 1100.6249 OTHER CONTRACTUAL SERVICES DEV MANAGEMENT 18,038.00 DEV-2012 GIS CITY SUPPORT SVCS 218994 2012AV 1100.6249 OTHER CONTRACTUAL SERVICES DEV MANAGEMENT 21,461.00 250688 12/79/2012 743834 DAKOTA TRANSMISSION 8� AUTO REP 74.45 PK-GUTTER BROOM LEVER SWITC190068914 218826 1955 1765.6215 EQUIPMENT-PARTS PARK EQUIPMENT MAINTENANCE 74.45 250689 12/19I2072 100407 EMERGENCYAUTOMOTIVE TECHNOLOG 4,368.72 POL NEW SQUAD SET-UP #46 00047575 218827 11202 1210.6265 REPAIRS-EQUIPMENT POLICE FIELD OPERATIONS/PATROL 415.96 FIRE-LIGHTBAR PWR SUPPLY#498�0038694 218828 LG1206121 1350.6215 EQUIPMENT-PARTS FIRE VEHICLE MAINTENANCE 4,784.68 250690 72119/2012 100548 FORKLIFTS OF MINNESOTA, INC 1,294.02 IA1-RPR FORKLIFT 218990 1S2936670 5215.6265 REPAIRS-EQUIPMENT ARENA 1 EQUIPMENT MAINTENANCE 1,294.02 250691 12/79/2012 110262 FRIEDGES CONTRACTING CO. LLC 3,000.00 REPLACE SANITARY SEWER 218964 1228EW0 4712.6249 2011107G OTHER CONTRACTUAL SERVICES 147TH ST EXT FLAGSTF TO JCAKE 10,000.00 SOIL CORRECTION ALONG EASEMENT 218964 1228EW0 4712.6249 2011107G OTHER CONTRACTUAL SERVICES 147TH ST EXT FLAGSTF TO JCAKE 13,000.00 250692 12/19/2012 100769 FRONTIER COMMUNICATIONS OF MN 1,275.47 MUNICIPAL CTR PHONES 218799 952953250005291 1030.6237 TELEPHONE/PAGERS INFORMATION TECHNOLOGY 27 66.72 AVCC PHONES 219440 952953231702179 1900.6237 TELEPHONE/PAGERS AV COMMUNITY CENTER 97 49.87 GOLF CLUBHOUSE PHONES 219441 952953231904129 5110.6237 TELEPHONE/PAGERS GOLF CLUBHOUSE BUILDING 47 142.95 PK JCRP PHONES 219442 952953234904139 1730.6237 TELEPHONE(PAGERS PARK BUILDING MAINTENANCE 47 347.34 PK RW PHONES 219443 952953235004139 1730.6237 TELEPHONE/PAGERS PARK BUILDING MAINTENANCE 47 206.23 IA2 PHONES 219444 952953236511019 5265.6237 TELEPHONE/PAGERS ARENA2 BLDG MAINTENANCE-HAYES 57 � 252.61 IA1 PHONES 219445 952953236604149 5210.6237 TELEPHONE/PAGERS ARENA 1 BUILDWG MAINTENANCE 47 173.24 TEEN CTR PHONES 219446 952953238502179 1730.6237 TELEPHONE/PAGERS PARK BUILDING MAINTENANCE 97 204.21 SWIM CTR PHONES 219447 952953239405100 1940.6237 TELEPHONElPAGERS AQUATIC SWIM CENTER 67 232.78 UTIL MNTC PHONE 219448 952953235508170 5305.6237 TELEPHONE/PAGERS WATER MGMTlREPORTlDATA ENTRY R55CKREG LOG20000 CITY OF APPLE VALLEY 12/20/20120:30:19 Council Check Register Pa9e - 22 11/30/2012 —12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 47 202.44 UTIL WTP PHONES 219449 952431508111088 5325.6237 TELEPHONE/PAGERS WATER TREATMENT FCLTY MNTC/RPR 97 70.52 UTIL STRM SWR ALARMS 219450 651197340501279 5385.6249 OTHER CONTRACTUAL SERVICES SEWER STORM INFRASTRUCTURE 97 35:26 CMF RADIO LINE 219451 651197403911269 1540.6237 TELEPHONE/PAGERS CMF BUILDINGS & GROUNDS MNTC 27 68.29 DCTC PHONE 219452 952953253410100 2092.6237 TELEPHONE/PAGERS DAKOTATECHNICAL BLDG ESCROW 17 169.81 CH GENERATOR/HVAC MODEM 219453 952953273409250 1060.6237 TELEPHONE/PAGERS MUNICIPAL BLDG & GROUNDS MNTC ' 07 17.63 POL INTOXIL�ZER 219454 651101065412229 1250.6237 TELEPHONE/PAGERS POLICE FACILITY 37 3,515.37 250693 12l19/2012 120549 GOLF DYNAMICS � 1,240.80 GOLF LESSONS 00043951 218829 20132 5115.6428 GOLF LESSONS GOLF PRO SHOP 1,240.80 250694 12/19/2012 100209 GOPHER STATE ONE-CALL 620.80 UTIL-LOCATIONS REQUESTS NOV 00022391 218830 54954 5305.6237 TELEPHONE/PAGERS WATER MGMT/REPORT/DATA ENTRY 620.80 250695 12/19/2012 100510 HD SUPPLY WATERWORKS LTD 6,348.37 UTIL-MXU SINGLE PORT 00035250 218831 5893195 5310.6215 EQUIPMENT-PARTS WATER METER RPR/REPLACE/READNG 6,348.37 250696 12I19/2012 723097 HEADSETS.COM 127.80 FIN-PH HEADSET REPL BATTERIES 00070308 218832 2435584 1035.6215 EQUIPMENT-PARTS FINANCE 127.80 250697 12/19/2012 731225 HEGGIES PIZZA 23.10 GOLF-KTN PIZZA 00049094 218768 1048482 5120.6420 GOLF-FOOD GOLF KITCHEN 23.10 250698 12/19/2072 136639 IMPACT PROVEN SOLUTIONS 1,118.66 UTII PRINT/MAIL BILLS - NOV 218931 71703 5303.6249 OTHER CONTRACTUAL SERVICES UTILITY BILLING 1,330.16 UTII BILL PAPER/ENVEL 218931 71703 5303.6239 PRINTING UTILITY BILLING 2,475.97 UTIL POSTAGE - NOV 218931 71703 5303.6238 POSTAGE/UPS/FEDEX UTILITY BILLING 4,924.79 250699 72H' 120553 INTEGRATED LOSS CONTROL, INC. CITY OF APP. .LLEY 12/� .030:19 R55CKREG LUG20000 °" Council Check Register Page - 23 11/30l2012 -12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 565.00 HR-ANNUAL SAFETY TRAINING CMF 218833 9463 1020.6235 CONSULTANT SERVICES HUMAN RESOURCES 565.00 250700 12I19/2072 100013 J J TAYLOR DISTRIBUTING CO OF 211.80 GOLF-KTN BEER 00046768 218789 1938049 5120.6419 GOLF-BEER GOLF KITCHEN 211.80 250701 12/19/2012 120273 KENNEDY & GRAVEN CHARTERED 57.75 CABLE-RVW FMGTN RNWL LETTER 218991 AP15500001 2012.6235 CONSULTANT SERVICES CABLE TV JOINT POWERS 206.25 CABLE-RVW FRANCHISE RENEWAL 218992 AP15500001 2012.6235 CONSULTANT SERVICES CABLE N JOINT POWERS 264.00 250702 12179I2012 132646 KWIK KOPY BUSINESS SOLUTIONS 119.70 BUSINESS CARDS-MAYOR MARY 00068627 218834 12565 1005.6239 PRINTING MAYOR/CITY COUNCIL 119.70 250703 12119/2012 743160 LATOUR CONSTRUCTION INC 3,200.72- FLAGSTAFF AVE EXTENSION #7 218965 201110507 2027.6810 2011105G CONSTRUCTION IN PROGRESS ROAD ESCROW 127.80 FLAGSTAFF AVE EXTENSION #7 218965 201110507 2027.6810 2011105G CONSTRUCTION IN PROGRESS ROAD ESCROW 405.60 FLAGSTAFF AVE EXTENSION #7 218965 201110507 2027.6810 2011105G CONSTRUCTION IN PROGRESS ROAD ESCROW 853.49 FLAGSTAFF AVE EXTENSION #7 218965 201110507 2027.6810 2011105G CONSTRUCTION IN PROGRESS ROAD ESCROW 1,606.88 FLAGSTP,FFAVE EXTENSION #7 218965 201110507 5385.6810 2011105G CONSTRUCTION IN PROGRESS SEWER STORM INFRASTRUCTURE 3,100.28 FLAGSTAFF AVE EXTENSION #7 218965 201110507 5360.6810 2011105G CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 10,778.47 FLAGSTAFF AVE EXTENSION #7 218965 201110507 5360.6810 2011105G CONSTRUCTION IN PROGRESS CONSTRUCTION PROJECTS 14,056.07 FLAGSTAFF AVE EXTENSION #7 218965 201110507 2027.6810 2011105G CONSTRUCTION IN PROGRESS ROAD ESCROW 73,201.66 FLAGSTAFF AVE EXTENSION #7 218965 201110507 2027.6810 2011105G CONSTRUCTION IN PROGRESS ROAD ESCROW 100,929.53 250704 12179@012 100890 LONE OAK COMPANIES 820.00 REC-SORT/BUNDLE/TAG NEWSLETTER 218835 57328 1700.6239 PRINTING PARK & RECREATION MANAGEMENT 820.00 250705 72/79/2012 700568 MACTA 1,750.00 CABLE-MACTA 2013 MEMB DUES 218966 5056759 2010.1560 PREPAID EXPENSES CABLE N RESERVE BALANCE SHEET 1,750.00 250706 12/79/2072 143832 MCKINLEY, DARLENE 89.25 SVC RENDERED-ELECTION JUDGE 218797 20121106 1015.6236 ELECTION JUDGE PAYMENTS CITY CLERK/ELECTIONS 89.25 250707 12H9f2012 100302 MCNAMARA CONTRACTING INC 56.90 STR-BLACKTOP USED NOV 2�12 00035437 218836 3612 1610.6229 GENERAL SUPPLIES STREET/BOULEVARD REPAIR & MNTC RSSCKREG LOG20000 CITY OF APPLE VALLEY 12/20/20120:30:19 Council Check Register Page - 24 ' 11/30/2012 -12/21/2012 Check # Date Amount Supplier / Explanatian PO # Doc No Inv No Account No Subledger Account Description Business Unit 56.90 250708 72/19/2012 100371 METRO COUNCIL ENVIRONMENTAL SV �! 205,808.19 WASTEWATER SVC-JAN 218791 1004515 5300.1560 PREPAID EXPENSES WATER & SEWER FUND BAL SHEET I 205,808.19 250709 12/19/2012 100573 MN CHIEFS OF POLICE ASSN 40.00 LEADERSHIP ACAD LODGING-BONE 218967 3516 1225.6276 SCHOOLS/CONFERENCESlEXP OTHERPOLICE TRAINING 40.00 LEADERSHIP ACAD LODGING-DAHLST 218967 3516 1225.6276 SCHOOLS/CONFERENCESlEXP OTHERPOLICE TRAINING 40.00 LEADERSHIP ACAD LODGING-WEISHA 218967 3516 1225.6276 SCHOOLS/CONFERENCES/EXP OTHERPOLICE TRAINING 120.00 250710 12H9/2072 100654 MN DEPT OF AGRICULTURE 10.00 NR PEST LICENSE KEHRER 2013 00070901 218790 20123564 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 10.00 PESTICIDE APPLIC FEES-ADAMINI 00069148 218968 20019502 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 10.00 PESTICIDE APPLIC FEES-BENJAMIM0069148 218969 20019503 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 10.00 PESTICIDE APPLIC FEES-GLEVWVE 00069148 218970 20019505 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 10.00 PESTICIDEAPPLIC FEES-KROYER 00069148 218971 20019855 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 10.00 PESTICIDE APPLIC FEES-N LARSOPD0069148 218972 20089289 1000.1560 PREPAID EXPENSES GENERAL FUND BAIANCE SHEET 10.00 PESTICIDEAPPLIC FEES-S ROTHEW0069149 218973 20071966 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 70.00 250711 12/19I2072 143842 MN SEARCHLITE AND BALLOONS 650.00 LIQ-SEARCHLIGHTAD 218927 11838 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 650.00 250712 12/19/2012 120496 NATURE CALLS INC 422.72 REC CHEM TOILETS-CROSS COUN�@'650750 218932 16234 1820.6310 RENTAL EXPENSE REC CULTURAL PROGRAMS 422.72 250713 12/19/2012 137687 NUSS TRUCK & EQUIPMENT 390.33 STR-RT SIDE MOTOR M�RROR 00071102 218837 4345840P 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 390.33 250714 12/19/2072 142394 POMP'S TIRE SERVICE INC 221.38 STR-TRUCK TIRE MOUNT &DtSMOUNT 218838 210034737 1630.6265 REPAIRS-EQUIPMENT STREET EQUIPMENT MAINTENANCE 221.38 250715 72/19/2012 143336 PREMIER LOCATING INC 238.00 SL-ELECTRIC LOCATES NOV 2012 00051167 218922 34816 5805.6249 OTHER CONTRACTUAL SERVICES STREET LIGHT UTILITY FUND 238.00 CITY OF APP. :�LEY 12/� 0:30:19 R55CKREG Cv�i20000 Council Check Register Page - 25 11/30/2012 -12/21/2012 Check # Date Amount Supplier! Explanation PO # Doc No Inv No Account No Subiedger Account DescripGon Business Unit 250716 12/19/2012 100578 PROACT INC 585.76 REC HNDCP SVC-NOV 218933 44058 1810.6249 OTHER CONTRACTUAL SERVICES REC HANDICAPPED PROGRAMS 58576 250717 12t19/2012 137785 PROPERTY TAXATION 8 RECORDS 3,393.48 2012 TNT NOTICES 218963 2738 1035.6239 PRINTING FINANCE 3,393.48 250718 12/19/2012 103428 RESOURCE RECOVERY TECHNOLOGIES 117.74 PK TRASH DISPOSAL-NOV 00036800 218792 69490 1770.6240 CLEANING SERVICE/GARBAGE REMOVPARK GENERAL MAINTENANCE 117.74 250719 12H9/2012 100042 ROTARY CLUB OF APPLE VALLEY 50.00 ADMIN-4TH QTR DUES 218793 520 1010.6280 DUES & SUBSCRIPTIONS ADMINISTRATION 132.00 ADMIN-MEALS 218793 520 1010.6275 SCHOOLS/CONFERENCESlEXP LOCALADMINISTRATION 50.00 DEV-4TH QTR DUES 218975 531 1100.6280 DUES & SUBSCRIPTIONS DEV MANAGEMENT 132.00 DEV-MEALS 218975 531 1100.6275 SCHOOLSICONFERENCES/EXP LOCAL DEV MANAGEMENT 364.00 250720 12/79/2012 100432 SEH ENGINEERS 656.22 2012 STREET MAINTENANCE 218976 263623 2027.6235 2012101G CONSULTANT SERVICES ROAD ESCROW 327.40 TRAFFIC SIGNAL 157TH/PILOT KNO 218977 263193 2027.6235 2011140G CONSULTANT SERVICES ROAD ESCROW 983.62 250721 12/79l2012 142316 SHORE POWER INC 288.05 POL-BATTERIES 00067550 218995 396574 1250.6215 EQUIPMENT-PARTS POLICE FACILITY 18.53- 00067550 218995 396574 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 269.52 250722 12119/2012 100447 SOUTH RIVER HEATING 8 COOLING 473.26 UTIL-REPL EXHAUST FAN WfP 00035244 218923 1215964 5325.6266 REPAIRS-BUILDING WATER TREATMENT FCLTY MNTC/RPR 473.26 260723 72/19/2012 737382 SPECIALIZED ENVIRONMENTAL TECH 56.00 PK-YARD WASTE DISPOSAL 00036800 218794 13021 1720.6240 CLEANING SERVICE/GARBAGE REMOVPARK GROUNDS MAINTENANCE 857.00 STR-STUMP GRINDINGS, LEAVES 00040151 218795 13021 1610.6240 CLEANING SERVICE/GARBAGE REMOVSTREET/BOULEVARD REPAIR & MNTC 913.00 250724 12/19/2012 119785 STDEA READERS INC 1,494.29 UTIL METER READER-DEC 218934 20121217 5303.6249 OTHER CONTRACTUAL SERVICES UTILITY BILLING 1,494.29 R55CKREG LOG20000 CITY OF APPLE VALLEY 12/20/2012030:19 Council Check Register Page - 26 11l30/2012 -12/21/2012 Check # Date Amount Suppiier / Explan PO # Doc No Inv No Account No Subledge Account Description Business Unit 250725 12/19/2012 100780 THYSSEN KRUPP ELEVATOR CORPORA 1,478.50 CH ELEVATOR MAINT- DEGFEB 00035286 218796 3000316113 1060.6266 REPAIRS-BUILDWG MUNICIPAL BLDG & GROUNDS MNTC , 1,478.50 I I 250726 12N9/2012 10135b TURFWERKS, INC 46.06 STR-MISC EQ PARTS 00069081 218924 EI75422 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 7.87 STR-COUPLER 00069081 218925 EI75422A 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 14.63 STR-COUPLER/BUSHING/ADAPTER00069082 218926 EI75454 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 68.56 250727 12179/2012 143538 UNIVERSITY OF MINNESOTA 240.00 INST FOR BLDG OFFICIALS-BRADY 218978 BRADY 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 240.00 INST FOR BLDG OFFICIALS-HARMSE 218979 HARMSEN 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 480.00 250728 12/19/2012 121077 VALLEY LAKE IRRIGATION, LLC , 117.50 LIQ#2-RPR/WINTERIZE SPRINK SYS00067077 218993 6044 5065.6266 REPAIRS-BUILDING LIQUOR #2 OPERATIONS �I 117.50 I 250729 12/19/2012 100631 VERIZON WIRELESS 30.19 IA1 MOBILE PHONE DEC 218935 2838855773 5205.6237 TELEPHONE/PAGERS ARENA 1 MANAGEMENT i 40.01 CODE WIRELESS DATA 218935 2838855773 7013.6237 TELEPHONE/PAGERS CODE ENFORCEMENT I 40.01 IT WIRELESS DATA 218935 2838855773 1030.6237 TELEPHONE/PAGERS INFORMATION TECHNOLOGY I 40.01 NR WIRELESS DATA 278935 2838855773 1520.6237 TELEPHONE/PAGERS NATURAL RESOURCES I 40.01 PK WIRELESS DATA 218935 2838855773 1710.6237 TELEPHONE/PAGERS PARK MAINTENANCE MANAGEMENT I� 40.01 GOLF WIRELESS DATA 218935 2838855773 5105.6237 . 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BREAD HOUSE SUPPLIES 00069598 218912 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL i Supplier 143838 WALGREENS ' 78.60 PS3 GAME-TEEN CENTER 00070141 218913 1840.6229 GENERAL SUPPLIES REC TEEN PROGRAMS I Supplier 102101 WAL-MART I 40.83 134TH FIRE-FOOD 00070436 218914 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS I Supplier 143839 WHITE CASTLE #80039 l 142.50 MONSTER JAM TICKETS 00042196 218915 1001.5340 REFUNDS & REIMBURSEMENTS GENERAL FUND REVENUE I Supplier 100363 XCEL ENERGY I ' 356.00 FIREARMS SHIRTS 00067544 218916 1200.6229 GENERAL SUPPLIES POLICE MANAGEMENT I Supplier 143840 XGRAIN HER0247 ' 3,263.98 20121227 12/17/2012 100873 HEALTHPARTNERS 3,636.51 DENTAL CLA�MS 12/06-12/12/12 219456 20121212 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL I I 3,636.51 I 20121222 12H8/2012 101671 MN DEPTOF REVENUE I 9.88 DIESELTAX-WATER 219457 482953472 5345.6212 MOTOR FUELS/OILS WATER EQUIPNEHICLE/MISC MNTC I 48.05 DIESELTAX-SEWER 219457 482953472 5390.6212 MOTOR FUELS/OILS SWR EQUIP/VEHICLE MISC MNTC/RP 60.30 DIESEL TAX-PARKS 219457 482953472 1765.6212 MOTOR FUELS/OILS PARK EQUIPMENT MAINTENANCE I 251.99 DIESEL TAX-STREETS 219457 482953472 1630.6212 MOTOR FUELS/OILS STREET EQUIPMENT MAINTENANCE i i 370.22 20721223 12I20/2012 130957 GENESIS EMPLOYEE BENEFITS INC 160.05 FLEX SPENDING MEDICAL - 2012 219461 121203N 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 550.00 FLEX SPENDING DAYCARE - 2012 219461 121203N 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 730.05 I 20121224 12/20/2012 100240 VANTAGEPOINT TRANSFER AGENTS - 696.63 PLAN #301171 FIREFIGHTER ICMA 218779 1213121456072 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET I 696.63 ' 20121225 12/2012012 100241 VANTAGEPOINT TRANSFER AGENTS - 551.37 PLAN #306560 FIREFIGHTER ICMA 218780 1213121456073 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET I 551.37 I � i 20121226 12/20/2072 107238 MINNESOTA CHILD SUPPORT PAYMEN 102.43 CHILD SUPPORT 218781 1213121456074 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 102.43 20121227 12/21/2012 700038 APPLE VALLEY FIREFIGHTERS 280,529.00 FIRE RELIEF-CURR TAX 2ND HALF 219458 20121221 , 1365.6319 REIMBURSEMENT OF REV COLL FOR FIRE RELIEF CITYOFAPP, �LEY 12/� 0:30:19 R55CKREG Lvu20000 °-" - Council Check Register Page - 31 11/30/2012 —12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 280,529.00 20121228 12121/2012 102664 ANCHOR BANK 412.36 EMPLOYEE MEDICARE 219459 1212098 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 412.36 CITY SHARE MEDICARE 219459 1212096 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 1,610.33 FEDERAL TAXES PR 219459 121209B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 2,435.05 20121229 12/21f2012 1Q0038 APPLE VALLEY FIREFIGHTERS 881.37 FIRE RELIEF DUES 218778 1213121456071 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 881.37 20721230 12/21/2072 100657 MN DEPT OF REVENUE 836.40 PAYROLL STATE TAX 219460 121209C� 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 836.40 20121231 72/21/2012 100240 VANTAGEPOINT TRANSFER AGENTS - 29,199.23 PLAN #301171 FULL-TIME ICMA 218996 121912745511 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 29,199.23 20121232 12/21/2012 126459 VANTAGEPOINT TRANSPER AGENTS - 380.00 PLAN #705481 ROTH IRA 218998 1219127455111 90002120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 380.00 20121233 12/27/2012 729553 US BANK 2,951.18 HSA FUNDING-EMPLOYEE 218999 1219127455112 9000.2125 ACCRUED HSAIHRA BENEFIT PAYROLL CLEARING BAL SHEET 2,951.18 20121234 12l21/2012 129576 US BANK 222.89 SERGEANT PEHRA FUNDING-GROSS W 219000 1219127455113 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,082.88 POLICE PEHRA FUNDING-GROSS WAG 219000 1219127455113 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 605.82 POLICE PEHRA FUNDING ANNUAL LE 219U00 1219127455113 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 1,443.76 POLICE PEHRA FUNDING-COMP 219000 1219127455113 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 3,355.35 2072723b 72/2712012 700392 PUBLIC EMPLOYEES RETIREMENTAS 37,858.72 EMPLOYEE SHARE PERA 219002 121912745512 9000.2114 ACCRUED PERA PAYROLL CLEARING BAL SHEET 49,175.11 CITY SHARE PERA 219002 121912745512 9000.2114 ACCRUED PERA PAYRO�L CLEARWG BAL SHEET 87,033.83 20121236 12121/2012 100455 AFFINITY PLUS FEDERAL CREDIT U 2,277.10 CRED�T UNION DEDUCT 219003 121912745513 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET CITY OF APPLE VALLEY 12/20/20130:30:19 R55CKREG LOG20000 Council Check Register Page - 32 11/30/2012 —12/21/2012 Check # Date Amount Supplier / Explanation PO # Doc No inv No Account No Subledger Account Description Business Unit 2,277.10 20721237 12/2112012 101238 MINNESOTA CHILD SUPPORT PAYMEN � 298.78 CHILD SUPPORT 219005 121912745515 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 171.97 CHILD SUPPORT 219006 121912745516 9000:2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 415.32 CIi1LD SUPPORT 219007 121912745517 9000.2120 ACCRUED BENEFIT LIABILITY PAYROLL CLEARING BAL SHEET 886.07 1,414,081.43 Grand Total ��� Payment InsVument Totals �� CheckTotal 789,026.01 ,�' Transfer Total 560,531 J7 . / L � Pay ModeX Total 64,523.65 y � � ' Total Payments 1,414,081.43 � � ' CITY OF APF. :LLEY 12/i ;032:19 R55CKSUM �Ot�20000 Cauncil Check Summary Pa9e - � 11/30/2012 - 12/21/2012 C ompany Amount 01000 GENERAL FUND 374,771.15 02010 CABLE N RESERVE FUND 2,066.77 02025 ROAD ESCROW FUND 86,427.52 02090 DAKOTATECHNICAL BLDG ESCROW 68.29 04710 TIF DIST#7-CAPITAL PROJECTS 13,000.00 04900 PHYSICAL IMPROVEMENTS ESCROW F 7,971.00 05000 LIQUOR FUND 397,265.49 05100 GOIF FUND 1,679.20 05200 ARENA FUND 3,720.86 05300 WATER & SEWER FUND 246,719.99 05500 STORM DRAINAGE UTILITY FUND 111.72 05600 CEMETERY FUND LEVEL PROGRAM 948.13 05800 STREET LIGHT UTIL FUND 238.00 07100 INSURANCE TRUST DENTAL FUND 3,636.51 09000 PAYROLL CLEARING FUND 275,256.80 ReportTotals 1,414,081.43 , I i i R55CKREG LOG20000 CITYOFAPPLEVALLEY 12/27/201�5:54:11 Council Check Register Page - 1 12/21/2012 -12/28/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1611 72/28/2012 137670 A H HERMEL COMPANY 26.07 TAX#1 00050148 219580 338307 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 661.20 NOTAX#1 00050148 219581 338307 5015.6545 NON-TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 687.27 1612 12/28/2072 100036 APPLE VALLEY CHAMBER OF COMMER 15.00 ADMIN-DEC LUNCH LAWELL 00070606 219541 15065 1010.6275 SCHOOLS/CONFERENCES/EXP LOCALADMINISTRATION 15.00 COUNC-DEC LUNCH GOODWIN 00070606 219541 15065 1005.6275 SCHOOLS/CONFERENCES/EXP LOCAL MAYOR/CITY COUNCIL 30.00 DEV-DEC LUNCH DYKES, NORDQU18U070606 219541 15065 1100.6275 SCHOOLS/CONFERENCES/EXP LOCAL DEV MANAGEMENT 30.00 GOLF-DEC LUNCH ZINCK, BILEK 00070606 219541 15065 5105.6275 SCHOOLS/CONFERENCES/EXP LOCAL GOLF MANAGEMENT 30.00 POL-DEC LUNCH TIETZ, DEMING 00070606 219541 15065 1200.6275 SCHOOLS/CONFERENCESlEXP LOCAL POLICE MANAGEMENT 120.00 1613 72/28/2072 100702 COLLEGE CITY BEVERAGE 4,205.55 BEER#1 00000114 219567 360325 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 17.65 TAX#1 00000114 219568 360325 5015.6540 TAXABLE MISC FOR RESALE LIQUOR #1 STOCK PURCHASES 140.00 BEER#1 00000114 219569 1333 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 8,778.00 BEER#1 00000114 219570 360370 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 3,189.60 BEER#2 00000114 219571 360326 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 72.00- CMBEER#2 00000114 219572 130385 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 6,506.95 BEER#2 00000114 219573 360373 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 99.40 TAX#2 00000114 219574 360373 5055.6540 TAXABLE MISC FOR RESALE LIQUOR #2 STOCK PURCHASES 3,564.45 BEER#3 00000114 219575 360328 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 51.55 TAX#3 00000114 219576 360328 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 140.00 BEER#3 00000114 219577 1334 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 2,988.10 BEER#3 00000114 219578 360379 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 51.55 TAX#3 00000114 219579 360379 5085.6540 TAXABLE MISC FOR RESALE LIQUOR #3 STOCK PURCHASES 29,660.80 1674 12/28/2012 100129 DAKOTAAWARDS 8� ENGRAVING 19.24 FIRE-PAR TAGS 00070445 219482 12968 1330.6281 UNIFORM/CLOTHING ALLOWANCE FIRE OPERATIONS 19.24 1615 12/28/2012 700133 DAY DISTRIBUTING CO 2,567.59 BEER#1 00000115 219582 679658 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 36.80 TAX#1 00000115 219583 679658 5015.6540 TAXABLE MISC FOR RESAIE LIQUOR #1 STOCK PURCHASES 1,695.60 BEER#1 00000115 219584 680688 5015.6530 BEER LIQUOR #1 STOCK PURCHASES 639.50 BEER#2 00000115 219585 679657 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 606.95 BEER#2 00000115 219586 680687 5055.6530 BEER LIQUOR #2 STOCK PURCHASES 2,063.25 BEER#3 00000115 219587 679661 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 2,534.74 BEER#3 00000115 219588 680693 5085.6530 BEER LIQUOR #3 STOCK PURCHASES 10,144.43 R55CKREG LOG20000 CITY OFAPPLE VALLEY 12/27l20125:54:11 Council Check Register Page - 2 12/21/2012 -12/28/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 1616 72/28/2012 100168 FERRELLGAS 118.44 STR-PROPANE 00035206 219491 1073599658 1630.6212 MOTOR FUELS/OfIS STREET EQUIPMENT MAINTENANCE I 118.44 1617 12/28I2012 101500 PREMIUM WATERS INC 1.97 GOLF BOTTLED WATER/RETURNS 219551 6182511112 5145.6229 GENERAL SUPPL�ES GOLF SHOP BUILDING MAINTENANCE 1.97 1618 12/28/2012 118487 STONEBROOKE EQUIPMENT 213.76 STR-SPOON VALVE 00071103 219477 24211 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 213.76 1619 12/28/2072 100457 STREICHERS INC 189.99 POL-VEST CARRIER, MCKNIGHT 00070466 219474 1978414 1200.6211 SMALL TOOLS & EQUIPMENT POLICE MANAGEMENT , 1,131.33 POL-AMMO 00051247 219549 1980931 1210.6229 GENERAL SUPPLIES POLICE FIELD OPERATIONS/PATROL � 1,321.32 1620 12/28/2012 700478 TRANS ALARM INC 83.36 FIRE ALARM-DEC-FEB 00051036 219512 RMR842532 1340.6249 OTHER CONTRACTUAL SERVICES FIRE BLDG & GROUNDS MNTC 83.36 FIRE ALARM-DEC-FEB 00051036 219513 RMR842535 1340.6249 OTHER CONTRACTUAL SERVICES FIRE BLDG & GROUNDS MNTC 83.36 FIRE ALARM-DEC-FEB 00051036 219514 RMR842534 1340.6249 OTHER CONTRACTUAL SERVICES FIRE BLDG & GROUNDS MNTC 250.08 I 1621 12/28/2072 101342 WEST PAYMENT CENTER 98.06 POL CLEAR CHGS-NOV 00050105 219553 826171535 1215.6249 OTHER CONTRACTUAL SERVICES POLICE DETECTIVE UNIT 98.06 250732 12/26/2012 143872 BENSON, JOYCE A 13.38 REF OVPMT UTIL-14317 GLENDA DR 219557 20121226 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 13.38 250733 12/26/2012 143873 BOOK, MIKE 101.10 REF OVPMT UTIL-14379 EMBRY PTH 219558 20121226 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 101.10 250734 12/26/2072 743874 GLOBAL CLOSING 8 TITLE SERVICE 51.91 REF OVPMT UTIL-13973 EMBER WAY 219559 20121226 5301.4997 WATER/SEWER ACCT REFUNDS WATER & SEWER FUND REVENUE 51.91 250735 12/26/2012 700524 SOUTHERN WINE & SPIRITS OF MN 288.00 WINE#1 00050756 219589 1972462 5015.6520 WINE LIQUOR #1 STOCK PURCHASES R55CKREG LOG20000 CITY OF APPLE VALLEY 12/27l201�5:54:11 Council Check Register Page - 3 12/21/2012 -12/28/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledger Account Description Business Unit 288.00 250736 12/26/2012 101254 HAMANN-ROLAND, MARY 612.06 MILEAGE JULY-DEC 219545 20121221 1005.6277 MILEAGE/AUTO ALLOWANCE MAYOR/CITY COUNCIL 612.06 250737 12/26/2072 772753 PRICE, KATHY JO 165.91 HR-MILEAGE NOV, DEC, MTG EXPEN 219483 1020.6275 SCHOOLS/CONFERENCES/EXP LOCAL HUMAN RESOURCES 165.91 250738 12126/2012 774411 GREENLEAF ESTATES 6TH 428.50 OAKWILT SUPPRES COST SHR PROG 219560 20121213 1520.6249 OTHER CONTRACTUAL SERVICES NATURAL RESOURCES 428.50 250739 12/26/2012 121529 HEUSER, VINCENT 400.00 OAKWILT SUPPRES COST SHR PROG 219564 1209093 1520.6249 OTHER CONTRACTUAL SERVICES NATURAL RESOURCES 400.00 250740 12/26/2072 743605 MACK, TARA & JUSTIN 225.00 OAKIMLT SUPPRES COST SHR PROG 219563 104674 1520.6249 OTHER CONTRACTUAL SERVICES NATURAL RESOURCES 225.00 250741 12/26/2012 142603 MARINO, JOSEPH & JEANETTE 200.00 OAKWILT SUPPRES COST SHR PROG 219562 20121112 1520.6249 OTHER CONTRACTUAL SERVICES NATURAL RESOURCES 200.00 250742 12/26/2012 142580 SUMNER, JOHN & CATHERINE 200.00 OAKIMLT SUPPRES COST SHR PROG 219565 20120805 1520.6249 OTHER CONTRACTUAL SERVICES NATURAL RESOURCES 200.00 ALAMO INJECTION COST SHR PROG 219566 20120805 2072.6249 OTHER CONTRACTUAL SERVICES REFORESTATION 400.00 250743 12/26/2012 178663 WILDWOOD PHASE I 133.91 OAKWILT SUPPRES COST SHR PROG 219561 20121015 1520.6249 OTHER CONTRACTUAL SERVICES NATURAL RESOURCES 133.91 250744 72/26I2012 100010 AIM ELECTRONICS INC 185.58 IA2-RPR SCOREBOARD AT HAYES 00070803 219492 35832 5265.6266 REPAIRS-BUILDING ARENA 2 BLDG MAINTENANCE-HAYES 185.58 250745 72/26/2012 100747 ARAMARK UNIFORM SERVICES INC 25.22 SHOP-UNIFORM RENT DEC 00046863 219537 6297644261 1530.6281 UNIFORMlCLOTHING ALLOWANCE CMF SHOP EQUIP MNTC & REPAIR 25.22 STR-UNIFORM RENT DEC 00046863 219537 6297644261 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT R55CKREG LOG20000 CITYOFAPPLEVALLEY 12/27l201�5:54:11 Council Check Register Page - 4 12/21 /2012 -12/28/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 25.22 PK-UNIFORM RENT DEC 00046863 219537 6297644261 1710.6281 UNIFORM/CLOTHINGALLOWANCE PARK MAINTENANCE MANAGEMENT 25.23 UTIL-UNIFORM RENT DEC 00046863 219537 6297644261 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY ' 25.22 SHOP-UNIFORM RENT NOV 00046863 219538 6297629873 1530.6281 UNIFORM/CLOTHING ALLOWANCE CMF SHOP EQUIP MNTG & REPAIR ' 25.22 STR-UNIFORM RENT NOV 00046863 219538 6297629873 1600.6281 UNIFORM/CLOTHINGALLOWANCE STREET MANAGEMENT ' 25.22 PK-UNIFORM RENT NOV 00046863 219538 6297629873 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT I 25.23 UTIL-UNIFORM RENTNOV 00046863 219538 6297629873 5305.6281 UNIFORM/CLOTHINGALLOWANCE WATER MGMT/REPORT/DATAENTRY i 41.19 SHOP-UNIFORM RENT DEC 219539 6297634655 1530.6281 UNIFORM/CLOTHING ALLOWANCE CMF SHOP EQUIP MNTC & REPAIR 41.19 STR-UNIFORM RENT DEC 219539 6297634655 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT 41.19 PK-UNIFORM RENT DEC 219539 6297634655 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT 41.19 UTIL-UNIFORM RENT DEC 219539 6297634655 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY ', 34.09 SHOP-UNIFORM RENT DEC 00046863 219540 6297639455 1530.6281 UNIFORM/CLOTHING ALLOWANCE CMF SHOP EQUIP MNTC & REPAIR I 34.09 STR-UNIFORM RENT DEC 00046863 219540 6297639455 1600.6281 UNIFORM/CLOTHING ALLOWANCE STREET MANAGEMENT I 34.09 PK-UNIFORM RENT DEC 00046863 219540 6297639455 1710.6281 UNIFORM/CLOTHING ALLOWANCE PARK MAINTENANCE MANAGEMENT I I 34.10 UTIL-UNIFORM RENT DEC 00046863 219540 6297639455 5305.6281 UNIFORM/CLOTHING ALLOWANCE WATER MGMT/REPORT/DATA ENTRY 502.91 2b0746 12/26/2012 131979 B 8 H PHOTO VIDEO 201.68 FIRE-PELICAN CASE W DIVIDERS 00070434 219464 66246176 1300.6229 GENERAL SUPPLIES FIRE MANAGEMENT 12.97- 00070434 219464 66246176 10002330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET , 188.71 ', 250747 12/26/2012 100709 BATTERIES PLUS II ! 24.53 UTIL-BATTERIES 00035171 219489 017271170 5345.6215 EQUIPMENT-PARTS WATER EQUIPNEHICLE/MISC MNTC I '� 15.98 STR-LITHIUM COIN BATTERIES 00035171 219490 017270879 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE � 40.51 250748 12/26/2012 700054 BAUER BUILT INC 140.00- STR-CASING CREDITS 00035172 219526 180090545 1630.6216 VEHICLES-TIRES/BATTERIES STREET EQUIPMENT MAINTENANCE 721.41 STR-TIRES 00035172 219527 180090680 1630.6216 VEHICLES-TIRES/BATTERIES STREET EQUIPMENT MAINTENANCE 189.22 STR-TRAILER TIRES 00035172 219528 180090863 1630.6216 VEHICLES-TIRES/BATTERIES STREET EQUIPMENT MAINTENANCE 489.67 UTIL-TIRES 00035172 219529 180090863 5345.6216 VEHICLES-TIRES/BATTERIES WATER EQUIPNEHICLE/MISC MNTC I 485.52 STR-TIRES 00035172 219530 180090698 1630.6216 VEHICLES-TIRESlBATTERIES STREET EQUIPMENT MAINTENANCE 1,745.82 250749 12/26/2012 100096 CITY WIDE WINDOW SERVICES I 26.72 LIQ1-WINDOW CLEANING 00035305 219468 518521 5025.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR #1 OPERATIONS 20.31 LIQ2-WINDOW CLEANING 00035305 219469 519161 5065.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR #2 OPERATIONS I 32.06 LIQ3-WINDOW CLEANING 00035305 219470 519486 5095.6240 CLEANING SERVICE/GARBAGE REMOVLIQUOR #3 OPERATIONS '� 79.09 , il 250750 12/26/2012 142662 CONVENTION & VISITORS BUREAU I 5,428.97 LODGING TAX 11/12 219548 20121226 7005.6319 REIMBURSEMENT OF REV COLL FOR LODGING TAX R55CKREG LOG20000 CITYOFAPPLEVALLEY 12/27/201�5:54:11 Council Check Register Page - 5 12/21/2012 -12/28/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 5,428.97 250751 12/26/2012 740474 CORNER MARKING CO 34.73 PK-NAME PLATES, ADAMINI, SUCHYD0068624 219476 55120 1700.6239 PRINTING PARK & RECREATION MANAGEMENT 78.55 CH-NAME PLATES, EDA MEMBERS 00069415 219480 85137 1060.6239 PRINTING MUNICIPAL BLDG & GROUNDS MNTC 113.28 250752 12/26/2012 100714 CUB FOODS 149.24 REC-SANTA PROGRAM SUPPLIES 00070952 219515 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL 15.27 REC-GENERAL PROGRAM SUPPLIE60070952 219516 1875.6229 GENERAL SUPPLIES REC PRESCHOOL PROGRAMS 23.55 REC-TC SUPPLIES, PARTY JAN 3 00070952 219517 1840.6229 GENERAL SUPPLIES REC TEEN PROGRAMS 100.71 CH-MISC SUPPLIES 00069459 219518 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG & GROUNDS MNTC 17.56 FIRE-COOKIES 00070443 219519 1330.6229 GENERAL SUPPLIES FIRE OPERATIONS 114.59 CH-MISC SUPPLIES 00069461 219520 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG & GROUNDS MNTC 76.88 REC-SKATING W SANTA SUPPLIES 00070962 219521 1800.6229 GENERAL SUPPLIES REC PROGRAM GENERAL 48.18 REC-COOKIES FOR SANTA 00070962 219522 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL 10.36 REC-SNACKS FOR DANCE 00070560 219523 1845.6229 GENERAL SUPPLIES REC SELF SUPPORT PROG GENERAL 14.94 CMF-POP FOR RESALE 00069199 219524 1540.6545 NON-TAXABLE MISC FOR RESALE CMF BUILDINGS & GROUNDS MNTC 39.66 CMF-MISC SUPPLIES 00069199 219525 1540.6229 GENERAL SUPPLIES CMF BUILDINGS R GROUNDS MNTC 610.94 250753 12/26/2012 700728 DAKOTA ELECTRIC ASSOCIATION 3,464.78 STR-RPR LIGHT HIT 147TH GRANAD 219484 55686728 7205.6399 OTHER CHARGES RISK MANAGEMENTS/INSURANCE 8.72 POL GARDENVIEW SPEED SIGN 219531 98632 1210.6255 UTILITIES-ELECTRIC POLICE FIELD OPERATIONS/PATROL 10.90 PARK BLMTAERTR/FNDRS LT 219531 98632 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 23.18 KELLEY PARK POND/SPRINKLER 219531 98632 1720.6255 UTILITIES-ELECTRIC PARK GROUNDS MAINTENANCE 45.46 PW RADIO EQUIPMENT 219531 98632 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS & GROUNDS MNTC 45.46 UTIL RADIO EQUIPMENT 219531 98632 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 49.05 CIVIL DEFENSE SIRENS 219531 98632 1290.6255 UTILITIES-ELECTRIC CIVIL DEFENSE MANAGEMENT 70.15 CEMETERY LIGHTS 219531 98632 5605.6255 UTILITIES-ELECTRIC CEMETERY 146.86 PARK TENNIS COURTS 219531 98632 1745.6255 UTILITIES-ELECTRIC PARK CRT/GAME AREA MAINTENANCE 172.85 AVFAC EXPANSION 219531 98632 1940.6255 UTILITIES-ELECTRIC AQUATIC SWIM CENTER 246,49 AQUATIC CENTER 219531 98632 1940.6255 UTILITIES-ELECTRIC AQUATIC SWIM CENTER 265.67 PARK HS4 FIELDS 219531 98632 1780.6255 UTILITIES-ELECTRIC PARK HIGH SCHOOL #4 FIELDS 338.18 CMF STORAGE/SALT BLDG 219531 98632 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS & GROUNDS MNTC 665.65 LIQUOR STORE #2 219531 98632 5065.6255 UTILITIES-ELECTRIC LIQUOR #2 OPERATIONS 1,067.29 UTIL STORM SEWER 219531 98632 5805.6255 UTILITIES-ELECTRIC STREET LIGHT UTILITY FUND 1,306.09 PARK PATHWAY LIGHTS 219531 98632 1740.6255 UTILITIES-ELECTRIC PARK SIDEWALK/PATH MAINTENANCE 1,325.34 HAYES COMM & SEN�OR CENTER 219531 98632 1920.6255 UTILITIES-ELECTRIC HAYES COMMUNITY & SENIOR CTR 1,335.95 LIQUOR STORE #1 219531 98632 5025.6255 UTILITIES-ELECTRIC LIQUOR #1 OPERATIONS 1,372.20 ATHLETIC COMPLEX 219531 9H632 1715.6255 UTILITIES-ELECTRIC PARKATHLETIC FIELD MAINTENANC 1,379.22 UTIL SIGNAL LIGHTS 219531 98632 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND R55CKREG LOG20000 CITYOFAPPLEVALLEY 12l27/201�5:54:11 Council Check Register Page - 6 12/21/2012 -12/28/2012 I Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit � 1,629.39 PARK BUILDINGS 219531 98632 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE I 1,698.63 FIRE STATIONS 219531 98632 1340.6255 UTILITIES-ELECTR�C FIRE BLDG & GROUNDS MNTC , 1,776.60 LIQUOR STORE #3 219531 98632 5095.6255 UTILITIES-ELECTRIC LIQUOR #3 OPERATIONS � 2,487.97 UTIL LIFT STATIONS 219531 98632 5380.6255 UTILITIES-ELECTRIC SEWER LIFT STN REPAIR & MNTC � 3,227.83 AVCC 219531 98632 1900.6255 UTILITIES-ELECTRIC AV COMMUNITY CENTER ', 4,551.42 ICE ARENA I 219531 98632 5210.6255 UTILITIES-ELECTRIC ARENA 1 BUILDING MAINTENANCE ' 5,409.65 HAYES PARKARENA 219531 98632 5265.6255 UTILITIES-ELECTRIC ARENA2 BLDG MAINTENANCE-HAYES I 8,538.38 UTIL WELLS 219531 98632 5320.6255 UTILITIES-ELECTRIC WATER WEWBOOSTER STN MNT/RPR I 30,384.17 UTIL STREET LIGHTS 219531 98632 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND I 1,569.02 CMF 219532 98701 1540.6255 UTILITIES-ELECTRIC CMF BUILDINGS & GROUNDS MNTC I 3,745.17 UTIL WELLS 219532 98701 5320.6255 UTILITIES-ELECTRIC WATER WELUBOOSTER STN MNT/RPR I 4,371.95 MUNICIPA� CENTER 219532 98701 1060.6255 UTIUTIES-ELECTRIC MUNICIPAL BLDG & GROUNDS MNTC � 8,319.19 WATER TREATMENT PLANT 219532 98701 5325.6255 UTILITIES-ELECTRIC WATER TREATMENT FCLTY MNTC/RPR ' 872 POL HEYWOOD CT SPEED SIGN 219533 98719 1210.6255 UTILITIES-ELECTRIC POLICE FIELD OPERATIONS/PATROL '� 11.60 PK GARDEN VIEW DR SHELTER 219533 98719 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE 16.22 REDWOOD PK REST ROOMS 219533 98719 1730.6255 UTILITIES-ELECTRIC PARK BUILDING MAINTENANCE ' 76.69 STREET LIGHTS 219533 98719 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND _ ' 46.80 VALLEYWOOD GOLF SPRINKLER 219534 98689 5150.6255 UTILITIES-ELECTRIC GOLF COURSE MAINTENANCE , 122.26 147TH STREET W LIGHTS 219535 4987608 5805.6545 NON-TAXABLE MISC FOR RESALE STREET LIGHT UTILITY FUND 91,331.15 �I 250754 12/26/2012 100407 EMERGENCYAUTOMOTIVETECHNOLOG I 158.60 FIRE-LENS KIT FOR #4976 00038694 219488 AW11291260 1350.6215 EQUIPMENT PARTS FIRE VEHICLE MAINTENANCE 158.60 250755 12/26/2012 129788 EQUIPMENT DISTRIBUTION MANAGEM 266.67 STR-WARNING FLASHERS 00062940 219478 4558 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE I 266.67 ' 250756 12/26/2012 143868 FRANCE PUBLICATIONS INC 800.00 DEV-AD HEARTIAND REAL ESTATE 219542 HL49552 1100.6239 PRINTING DEV MANAGEMENT 800.00 250757 12/26/2012 101507 GALAXIE CAR CARE CENTER 359.86 POL-CAR WASHES, NOV 00038833 219493 1581001 1210.6265 REPAIRS-EQUIPMENT POLICE FIELD OPERATIONS/PATROL 24.50 FIRE-CAR WASHES, NOV 00039194 219494 1581021 1350.6265 REPAIRS-EQUIPMENT FIRE VEHICLE MAINTENANCE 1.40 CH-CAR WASHES, NOV 00043279 219495 1581397 1060.6265 REPAIRS-EQUIPMENT MUNICIPAL BLDG & GROUNDS MNTC I 7.50 ENG-CAR WASHES, NOV 219496 1581598 1510.6265 REPAIRS-EQUIPMENT PW ENGINEERING & TECHNICAL ' 393.26 250758 12/26/2012 123520 IMPERIAL SUPPLIES LLC .63- STR-DISCOUNT 00071105 219536 JL9198 1630.6333 GENERAL-CASH DISCOUNTS STREET EQUIPMENT MAINTENANCE R55CKREG LOG20000 CITY OF APPLE VALLEY 12/27l201�5:54:11 Council Check Register Page - 7 12/21/2012 - 12/28/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit .63- UTIL-DISCOUNT 00071105 219536 JL9198 5345.6333 GENERAL-CASH DISCOUNTS WATER EQUIPNEHICLE/MISC MNTC 136.20 UTIL-MISC WIRE CONNECTORS, TI870071105 219536 JL9198 5345.6215 EQUIPMENT-PARTS WATER EQUIPNEHICLE/MISC MNTC 136.20 STR-MISC WIRE CONNECTORS, TIE�071105 219536 JL9198 1630.6215 EQUIPMENT-PARTS STREET EQUIPMENT MAINTENANCE 271.14 250759 72/26/2012 703314 INNOVATIVE OFFICE SOLUTIONS 31.83 AVCC-ENVELOPES 00040444 219593 IN0154784 1900.6210 OFFICE SUPPLIES AV COMMUNITY CENTER 64.31 FIN-MISC OFFICE SUPPLIES 00040444 219594 IN0154877 1035.6210 OFFICE SUPPLIES FINANCE 117.34 POL-MISC OFFICE SUPPLIES 00040473 219595 IN0154879 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 20.41 AVCC-COPY PAPER 00040444 219596 IN0156765 1900.6210 OFFICE SUPPLIES AV COMMUNITY CENTER 18.17 AVCC-DUSTING MOP FRAME 00040444 219597 IN0156766 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 40.58 AVCC-CALC/ADD ROLL/POST-IT NOU0040444 219598 IN0157606 1900.6210 OFFICE SUPPLIES AV COMMUNITY CENTER 25.84 LIQ2-SEALING TAPE/CLEANER 00040444 219599 IN0157679 5065.6229 GENERAL SUPPLIES LIQUOR #2 OPERATIONS 123.15 LIQ1-CLEANER/TOWEULINER 00040444 219600 IN0157681 5025.6229 GENERAL SUPPLIES LiQUOR #1 OPERATIONS 68.57 CMF-MISC OFFICE SUPPLIES 00040444 219601 IN0159524 1540.6210 OFFICE SUPPLIES CMF BUILDINGS & GROUNDS MNTC 38.73 CMF-PENS 00040444 219602 IN0162336 1540.6210 OFFICE SUPPLIES CMF BUILDINGS & GROUNDS MNTC 12.19 FIN- PENS 00040444 219603 IN0159525 1035.6210 OFFICE SUPPLIES FINANCE 32.86 CLERK-CASH TRAY 00040444 219604 IN0159525 1015.6210 OFFICE SUPPLIES CITY CLERK/ELECTIONS 32.86- CLERK-CASH TRAY RETURNED 00040444 219605 SCN007467 1015.6210 OFFICE SUPPLIES CITY CLERK/ELECTIONS 39.93 CLERK-PORTFOLIO 00040444 219606 IN0159526 1015.6210 OFFICE SUPPLIES CITY CLERK/ELECTIONS 119.52 POL-MISC OFFICE SUPPLIES 00040473 219607 IN0159527 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT 188.57 FIN-MISC OFFICE SUPPLIES 00040444 219608 IN0165369 1035.6210 OFFICE SUPPLIES FINANCE 506.29 CH-MISC CLEANING SUPPLIES 00040444 219609 IN0167410 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG & GROUNDS MNTC 35.96 AVCC-MISC OFFICE SUPPLIES 00040444 219610 IN0168454 1900.6210 OFFICE SUPPLIES AV COMMUNITY CENTER 133.98 AVCGMISC CLEANING SUPPLIES 00040444 219611 IN0168454 1900.6229 GENERAL SUPPLIES AV COMMUNITY CENTER 29A2 FIN-HANG FOLDERS 00040444 219612 �N0168598 1035.6210 OFFICE SUPPLIES FINANCE 77.14 CH-PAPER PLATES 00040444 219613 IN0168598 1060.6229 GENERAL SUPPLIES MUNICIPAL BLDG & GROUNDS MNTC 3.12 LIQ2-ADD ROLL 00040444 219614 IN0168599 5065.6210 OFFICE SUPPLIES LIQUOR #2 OPERATIONS 4.52 LIQ2-SANITIZER 00040444 219615 IN0168599 5065.6229 GENERAL SUPPLIES LIQUOR #2 OPERATIONS 8.66 FIN-PLANNER 00040444 219616 IN0169464 1035.6210 OFFICE SUPPLIES FINANCE ', 311.24 GOLF-MISC OFFICE SUPPLIES 00070851 219617 IN0169959 5115.6210 OFFICE SUPPLIES GOLF PRO SHOP 40.37 LIQ3-MISC OFFICE SUPPLIES 00040444 219618 IN0170345 5095.6210 OFFICE SUPPLIES LIQUOR #3 OPERATIONS I 89.68 LIQ3-PAPER TOWELS/SPRRYER BOUII040444 219619 IN0170345 5095.6210 OFFICE SUPPLIES LIQUOR #3 OPERATIONS � 181.55 POL-MISC OFFICE SUPPLIES 00040473 219620 IN0172427 1200.6210 OFFICE SUPPLIES POLICE MANAGEMENT , 14.41- COUNGCALENDAR REFILL RETURtm0040444 219621 SCN007092 1005.6210 OFFiCE SUPPLIES MAYOR/CITY COUNGL �I 2,316.26 250760 12/26/2012 100118 KEEPRS INC 1,384.03 FIRE-BADGES 00051262 219479 201232 1300.6281 UNIFORM/CLOTHING ALLOWANCE FIRE MANAGEMENT ' 1, 384.03 I 250761 12/26/2072 103337 KLM ENGINEERING INC I I R55CKREG LOG20000 CITY OF APPLE VALLEY 12/27/201�5:54:11 Council Check Register Page - 8 12/21/2012 -12/28/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 2,800.00 UTIL-WTP WEIR CHAMBER INSP 219485 4715 5325.6235 2012108W CONSULTANT SERVICES WATER TREATMENT FCLTY MNTC/RPR 2,800.00 250762 12/26/2012 132646 KWIK KOPY BUSINESS SOLUTIONS 45.96 POL-BUS CARDS, MEUWISSEN 00070463 219466 12593 1200.6239 PRINTING POLICE MANAGEMENT 45.96 POL-BUS CARDS, NEUMANN 00070463 219467 12594 1200.6239 PRINTING POLICE MANAGEMENT 91.92 250763 12/26/2012 100836 LIFESTYLE MANAGEMENT 141.00 POL-MASTER PATROLTESTING 219472 9040 1200.6235.1 MASTER PATROLTESTING POLICE MANAGEMENT 141.00 250764 12/26/2072 776377 LOFFLER 363.38 IT TONER FOR FINANCE 219554 1498638 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 75.88 IT TONER FOR POLICE 219555 1497748 1030.6249 OTHER CONTRACTUAL SERVICES INFORMATION TECHNOLOGY 439.26 250765 12/26/2012 101433 MARTIN-MCALLISTER 400.00 POL-PERSONNEL EVAL, D ENGEL 219486 8172 1200.6235 CONSULTANT SERVICES POLICE MANAGEMENT aoo.00 i I 250766 12/26/2072 100299 MASTER ELECTRIC CO I 135.00 HCSC-RPLC RECESSED CANS 00035347 219497 SD2774 1920.6266 REPAIRS-BUILDING HAYES COMMUNITY & SENIOR CTR � 230.92 PK-RPLC BALLASTAT VALLEY MIDD00035347 219498 SD2779 1730.6266 REPAIRS-BUILDING PARK BUILDING MAINTENANCE 551.75 PK-WIRE NEW SCOREBOARDAT LE�7035347 219499 SD2781 1715.6265 REPAIRS-EQUIPMENT PARKATHLETIC FIELD MAINTENANC � 140.10 PK-WIRE NEW SCOREBOARDAT QlAQS35347 219500 SD2782 1715.6265 REPAIRS-EQUIPMENT PARKATHLETIC FIELD MAINTENANC � 188.50 PK-LOCATES TO ANCHOR BLEACH�35347 219501 SD2783 1715.6265 REPAIRS-EQUIPMENT PARKATHLETIC FIELD MAINTENANC 116.78 PK-RPLC BALLASTAT HUNTINGTONJ0035347 219502 SD2785 1730.6266 REPAIRS-BUILDING PARK BUILDtNG MAINTENANCE 354.93 PK-RPLC BALLASTS AT TEEN CENTB0035347 219503 SD2795 1730.6266 REPAIRS-BUILDING PARK BUILDING MAINTENANCE 765.67 PK-WIRE RPR QUARRY POINT 00035347 219504 SD2794 1715.6265 REPAIRS-EQUIPMENT PARKATHLETIC FIELD MAINTENANC �� 192.38 IA2-RPR LIGHTS 00070807 219505 SD2793 5265.6266 REPAIRS-BUILDING ARENA2 BLDG MAINTENANCE-HAYES � 135.00 PK-LOCATESATJCRPE 00035347 219506 SD2768 1715.6265 REPAIRS-EQUIPMENT PARKATHLETIC FIELD MAINTENANC 180.00 GOLF-LOCATES FOR PARKING LOTQ0070282 219507 SD2776 5110.6266 REPAIRS-BUILDING GOLF CLUBHOUSE BUILDING ', 200.45 UTIL-WIRE EQUIP, PALOMINO RESE00035237 219508 SD2769 5330.6265 REPAIRS-EQUIPMENT WTR MAIN/HYDRANT/CURB STOP MNT 180.00 UTIL-TROUBLESHOOT MOTOR, WElOD035237 219509 SD2775 5320.6265 REPAIRS-EQUIPMENT WATER WELLlBOOSTER STN MNT/RPR 90.00 UTIL-INSPECT CAPACITOR CELLS, 00035237 219510 SD2777 5320.6265 REPAIRS-EQUIPMENT WATER WELL/BOOSTER STN MNT/RPR 98.50 UTIL-LOCATE LINES FOR EXCAVATI00035237 219511 SD2784 5325.6249 OTHER CONTRACTUAL SERVICES WATER TREATMENT FCLTY MNTC/RPR 3,559.98 I 250767 12/26I2012 100755 MIAMA ' 175.00 2013 MEMB MIAMA RENEWAL FEE 00070810 219544 2094 5200.1560 PREPAID EXPENSES ARENA FUND BALANCE SHEET , 175.00 R55CKREG LOG20000 CITYOFAPPIEVALLEY 12/27/201�5:54:11 Council Check Register Page - 9 12/21 /2012 —12/28/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 250768 72/26/2012 147669 MIDWEST ELECTRICAL TECHNOLOGIE 5,892.00 INSP-ELECTRICAI INSPECT FEES 219546 20121220 1445.6243 ELECTRICAL PERM�T FEES INSPECTIONS ELECTRICAL 5,892.00 250769 12/26/2072 143870 MR ROOTER PLUMBING 5.00 AV038856-292 WALNUT LANE REFUN 219547 20121204 1001.4072 STATE SURTAX COLLECTED GENERAL FUND REVENUE 57.70 AV038856-292 WALNUT LANE REFUN 219547 20121204 1001.4915 SEWER SERVICE PERMIT GENERAL FUND REVENUE 62.70 250770 12/26/2012 143871 NIGHT VISION DEPOT 63.06 POL BATTERY CARTRIDGE HOLDER8�067540 219550 199061N 1210.6211 SMALL TOOLS & EQUIPMENT POLICE FIELD OPERATIONS/PATROL 4.06- 00067540 219550 199061N 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 59.00 250771 12/26I2072 743869 NOREX INC 2,730.00 ANNUAL MEMB-IT PROF RES & TRAI 219543 63343816 1000.1560 PREPAID EXPENSES GENERAL FUND BALANCE SHEET 2,730.00 250772 72/26/2012 100383 PITNEY BOWES INC 1,320.40 FIN POSTAGE SYS LEASE-SEPT-DE00050411 219552 7982904DC12 1035.6310 RENTAL EXPENSE FINANCE 84.94- 00050411 219552 7982904DC12 1000.2330 DUE TO OTHER GOVERNMENT GENERAL FUND BALANCE SHEET 1, 235.46 250773 12/26/2012 100765 RIVERCOUNTRYCOOPERATIVE 1,078.95 GOLF-LP GAS 00035382 219487 368899 5145.6257 UTI�ITIES-PROPANE/WATER/SEWER GOLF SHOP BUILDING MAINTENANCE 1,078.95 250774 72/26/2012 121866 SPARTAN PROMOTIONAL GROUP INC 249.01 POL-STRESS RELIEVER BALLS 00070357 219475 498322 1275.6229 GENERAL SUPPLIES POL COMMUN OUTREACH/CRIME PREV 249.01 250775 12/26I2012 100329 SUN NEWSPAPERS 995.04 LIQ-GRANDE REOPENING SALE AD 00035309 219471 1137718 5005.6239 PRINTING LIQUOR GENERAL OPERATIONS 995.04 250776 12/26/2012 100470 TIMES SQUARE SHOPPING CENTER 13,705.63 LIQ1 LEASE - JAN 219556 20121226 5000.1560 PREPAID EXPENSES LIQUOR BALANCE SHEET 13,705.63 250777 12/26/2012 100489 UNIFORMS UNLIMITED 56.10 POL-CARDIGAN SWEATER, NELSOM0070507 219465 144662 1205.6281 UNIFORM/CLOTHING ALLOWANCE POLICE RECORDS UNIT i R55CKREG LOG20000 CITYOFAPPLEVALLEY 12/27/201�5:54:11 Cauncil Check Register Page - 10 12/21/2012 —12/28/2012 Check # Date Amount Supplier / Explanation PO # Doc No Inv No Account No Subledge Account Description Business Unit 17.08 POL-SINGLE STAR, RECHTZIGEL 00058648 219473 143516 1200.6281 UNIFORM/CLOTHING ALLOWANCE POLICE MANAGEMENT 73.18 250778 12/26/2012 100576 WESTWOOD SPORTS INC 223.00 IA2-TAPE, MOUTHGUARDS 00070753 219481 20103864 5260.6540 TAXABLE MISC FOR RESALE ARENA2 MANAGEMENT-HAYES 223.00 250779 12/26/2012 133948 JACKSON, JUDY 174.25 SVC RENDERED-ELECTION JUDGE 217826 20121106 1015.6236 ELECTION JUDGE PAYMENTS CITY CLERK/ELECTIONS 174.25 20121238 12/24I2012 102664 ANCHOR BANK 7,429.02 EMPLOYEE MEDICARE 219463 1212026 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 7,429.02 CITY SHARE MEDICARE 219463 121202B 9000.2111 ACCRUED FEDERAUFICA PAYROLI CLEARING BAL SHEET 14,471.68 EMPLOYEE FICA 219463 1212026 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 21,363.04 CITY SHARE FICA 219463 121202B 9000.2111 ACCRUED FEDERAUFICA PAYROLL CLEARING BAL SHEET 53,851.31 FEDERAL TAXES PR 219463 121202B 9000.2111 ACCRUED FEDERAL/FICA PAYROLL CLEARING BAL SHEET 104,544.07 i 20127239 12/24/2012 700657 MN DEPT OF REVENUE I I 22,252.70 PAYROLL STATE TAX 219462 121202G 9000.2112 ACCRUED STATE W/H PAYROLL CLEARING BAL SHEET 22,252.70 20121240 12/24/2072 100873 HEALTHPARTNERS 4,309.41 DENTAL CLAIMS 12/13-12/19/12 219592 20121224 7105.6146 DENTAL INSURANCE INSURANCE TRUST DENTAL 4,309.41 I 20121241 12/28I2012 130957 GENESIS EMPLOYEE BENEFITS INC l 762.42 FLEX SPENDING MEDICAL - 2012 219590 121204N 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET ' 1,435.16 FLEX SPENDING DAYCARE - 2012 219591 1212040 9000.2119 ACCRUED FLEX SPENDING PAYROLL CLEARING BAL SHEET 2,197.58 318,861.20 Grand Total Payment Instrument Totals , `� Check Total 142,922.07 �`�� TransferTotal 133,303.76 I , � 1 Pay ModeX Total 42,635.37 I Total Payments 318,86120 I I I 'i � , � � I , , , , R55CKSUM LOG20000 CITY OF APPLE VALLEY 12/27/20125:54:47 Council Check Summary Page - 1 12/21/2012 - 12/28/2012 Company Amount 01000 GENERAL FUND 43,905.75 02070 REFORESTATION FUND 200.00 05000 LIQUOR FUND 59,625.14 05100 GOLF FUND 1,648.96 05200 ARENA FUND 10,737.03 05300 WATER & SEWER FUND 27,401.57 05600 CEMETERY FUND LEVEL PROGRAM 70.15 05800 STREET LIGHT UTIL FUND 33,075.09 07000 LODGING TAX FUND 5,428.97 07100 INSURANCE TRUST DENTAL FUND 4,309.41 07200 RISK MANAGEMENT/INSURANCE FUND 3,464.78 09000 PAYROLL CLEARING FUND 128,994.35 Report Totals 318,861.20 I I '�I