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HomeMy WebLinkAbout08.17.92 Council Packet AGENDA COUNCIL MEETING REGULAR AUGUST 17, 1992 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. August 3, 1992 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS a. 8:00 P.M. - Vacating Portions of Oak Street - Continued from August 3, 1992 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. 1993 Pension Request - Farmington Fire Department Cataract b. Wetlands Protection and Zoning Ordinance 7. ORDINANCE AND RESOLUTIONS a. Consider and Award Bid for $1,375,000 G.O. Improvement Bonds 8. UNFINISHED BUSINESS a. Project 92-7, 4th Street Improvements - Approve Plans and Specifications and Authorize Advertisement for Bids. b. Completion of Pine Street c. Reimbursement for Broken Windshield d. Request for Payment of Attorneys Fees - 310 Division Street 9. NEW BUSINESS a. Fire Marshall Appointment 10. MISCELLANEOUS a. Fall Survey b. Discuss Strategic Plan 11. CONSENT AGENDA a. Compost Site Agreement with Pecar b. Budget Adjustment - Fire Rescue c. Adopt Billiard Parlor Ordinance d. Project 92-3, Drainage Easements, Hillview 3rd/HiliDee e. Project 92-16, Easements, Dakota County Estates 7th Addition f. Project 91-1, Spruce Street Improvements - Pay Estimate g. Capital Outlay Request - Public Works h. Stegmaier/Parkland Agreement i. Approve Amendment to Council Meeting By-Laws • j . School and Conference Request - Fire k. Resolution Accepting Donation - Fire Department 1. Temporary 3.2 On-Sale License - Parks & Recreation m. Resolution Appointing Election Judges n. Training Agreement - Law Enforcement - Police Department o. Resolution Declaring the City of Farmington Commitment to Zero Tolerance of Violence p. Ordinance Annexing Parcels of Land in Castle Rock Township owned by Robert Adelmann q. Award Contract for Project 92-16 r. Change Order, Project 92-8 - 195th Street s. Change Order, Project 91-10 - 208th Street t. Resolution Accepting a Petition for Annexation of 2 Parcels of Land in Empire u. Ordinance Adopting a Housekeeping Amendment to the Ag Preserve District v. Ordinance Adopting a Housekeeping Amendment in Dakota County Estates PUD w. Set Public Hearing to Consider the Vacation of Linden Street, East of 7th Street x. Approve Payment of Bills 12. ADJOURN 13. ADD ON a. School and Conference Request - Supervisory Employees AGENDA REQUEST FORM ITEM NO. Sd NAME: Larry Thompson 94`-a- DEPARTMENT: Administration /3V DATE: `5 MEETING DATE: A 2 (3 $f(6-) CATEGORY: Unfinished Business 53 � SUBJECT: Request for payment of Attorney fees - 310 Division St. EXPLANATION: Per request at Council meeting of August 13. 1992 REFERENCE MATERIAL/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Wayne Henneke Finance SIGNAhURE 048.- 13. 92 1 1 : 48 AM * GRANNI S & HARMEYER PO 1 DAviD L. HARMEYER ATTORNEY AT LAW 412 SousMYIEW &QUL8vA1D - 5tm 100 SOUTH S1. PAUL, MINNESOTA 55075 T!L1'110H6: (612) 455.1661 PAR: (612) 455-2359 August 13, 1992 OMIT VIA IACSIXILS & D.S. MAIL Mr. Larry Thompson CITY OF FARMINGTON 325 Oak Street Farmington, MN 55024 Re: 310 Division Street Dear Larry: I am writing in regard to your request that I put my thoughts ninwriting order to obtain Judgethe Bovis'0orderbill amendingBthe by Dr. Hunter original Condemnation Order. As you are aware, Mr. Snyder originally asked for a Quit claim Deed. After the Council approved the concept, I prepared the Quit Claim Deed which was presented to Mr. Snyder at his request. Shortly after he received the Quit Claim Deed, Mr. Snyder called me and informed me that the Buyers' attorney now wished an amended Order of the Court. I informed Mr. Snyder that I did not believe the Council had given me the authority to prepare said Order. I also discussed the matter with you and we made a joint decision that without further Council approval, any work that I would do in preparing the Order would not be authorized by the City. On June 17, 1992, I was contacted by Howard Groves, attorney for the Sellers of the property. Mr. Groves informed me that the sale could not go through without an amended Order. I informed Mr. Groves that I did not believe the Council had given me the authority to prepare said Order, and without said authority, I did not believe that i should do so. Mr. Groves then asked if it was all right if he prepared the Order and if he did, would I review it. I informed him that I would certainly review the Order and if it met with my approval, I would let him know and be available for a Judge to contact me if the Judge had any reluctance in signing the Order. -U.8. 13. 92 1 1 : 5 1 AMVM *GRANN IS & HARMEYER P01 Mr. Larry Thompson Page Two August 13, 1992 At no time did I inform Mr. Groves that the city would be responsible for payment of the bill, in fact, I made it clear that the reason I would not do so is that I believed the City would not pay my bill as the work had not been authorized. I believe that had the City authorized me to do the work, I could have completed the appropriate documents and had them signed by a Judge with no more than throe (3) hours of time being expended. It should be noted that I had already reviewed all of the original condemnation documents before preparing the Quit Claim Deed and for thAT reason, it may have taken me a great deal less time than it took an attorney who was not familiar with the file. If you have any further questions on this matter, please feel free to contact me. Very truly yours, By:� iN.) 42.A.A.A. David L. Harmeyer DLR/sl ' • •VI7/9 , . `jAp. July 8, 1992 • Harvey Snyder Century 21 409 3rd Street Farmington, MN 55024 • Re: 310 Division Street Dear Harvey, This letter is in response to your request for reimbursement from the City for your client for attorney's fees relating to 310 Division Street. The City Council addressed the matter at its July 6th meeting and denied the request based on the reasons stated in my June 25th memo to the Council, a copy of which you should have received. If you have any questions, please contact me. Yours truly, Larry Thompson City Administrator cc: file Mayor and Council Wayne Henneke LT/mh Uzi O4 Faugiugfac 325 Oak St«eet • Famaimikut. Wit 55024 • (612) 463-7111 AGENDA REQUEST FORM ITEM NO. NAME: Larry Thompson DEPARTMENT: Administration DATE: June 24, 1992 MEETING DATE: July 6, 1992 CATEGORY: Consent SUBJECT: Deny Request for Payment of Attorney Fees - 310 Division Street EXPLANATION: Deny Request that the City pay for Dr. Hunter's attorney fees relating to the amended condemnation order. REFERENCE MATERIAL/RESPONSIBILITY: Request/Memo - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Wayne Henneke Administration GNAT MEMO TO: MAYOR AND COUNCIL SUBJECT: REQUEST FOR PAYMENT OF ATTORNEY'S FEES - 310 DIVISION STREET DATE: JUNE 25, 1992 Attached please find a letter from Century 21 requesting the City pay for the attorney fees relating to an amended condemnation order affecting 310 Division Street. It is recommended that the Council deny the request for the following reasons. 1. Assuming the City was responsible for the error in description, the City settled its responsibility when it prepared and approved the quit claim deed per the advice of Mr. Hunter's attorney. If the City had been advised that an amended order was required, Mr. Harmeyer would have prepared the amended order instead of the quit claim deed. 2. While Mr. Harmeyer was aware that the amended order was being prepared, he indicated that he made it clear that he had no authorization to prepare the order or to authorize Dr. Hunter's attorney to prepare it on behalf of the City. 3. Mr. Harmeyer indicated the $897 fee was a great deal more than he would have charged, which was probably due to the limited time frame. Larry Thoi son City Administrator cc: Dave Harmeyer Wayne Henneke Karen Finstuen Harvey Snyder file CITY OF FARMINGTON Farmington Realty ) JUN 2 3 1992 F-71 409 Third Street i u Farmington,Minnesota 55024 !J11(612)463-7471 c i I � J June 22 , 1992 Mr. Larry Thompson Administrator • City of Farmington 325 Oak Street Farmington, Minnesota 55024 RE: 310 Division Street Dear Mr. Thompson: The closing for the sale of the above captioned property did take place on June 17 , 1992. There were however, a couple of points which were raised which I must share with you and ask that they be presented to the council for their consideration. First, the quit ='laim deed contains an error in the description according to the buyer 's attorney. The quit claim deed describes the addition as Feely 's Addition, instead of P. M. Feely 's Addition t:o F:a,.min.gton. Due to this difference , we. will need a newly executed quit claim with the correct description. Secondly, the buyer 's objected to receiving a quit claim deed and not an amended .order of the original condemnation. In order to satisfy this requirement, and proceed to close this transaction in a timely fashion, Dr. Hunter 's attorney prepared this order, had it executed by Judge Michael Sovis . and filed for record with the ?istrict. Court. This was completed with the knowledge of Attorney Harmeyer. Dr. Hunter 's attorney, Howard T. Groves has billed him $897. 00 , for obtaining this amended order. Please present this bill to the council for their consideration. Dr. Hunter and Dr. Johnson feel that the city should be responsible for obtaining the necessary documentation to provide clear title. The error in description was unfortunate , but clearly the responsibility of the city. We understand that the same order could have been obtained from the City Attornex, r„+. i 40uid nave taken more -Mile. for .'c.-'uncil instruct____.. as well as working it into his schedule. No doubt, the amt.uilt of legal fees involved would have been comparable. -2- . If you have any questions regarding the attached billing, please feel free to call me at 463-7471. Thank you for your consideration in this matter. ? C3YI1( / ryF. : n.rder. Broker Eric: Quit Claim Deed Amended Order Attorney Bill HF'S: prp STREEFLAND. GROVES 8 JACOW ATTORNEYS AT LAW INDIVIDUAL PRACTITIONERS 5UITE 260 • SKYLINE SQ,UARE RUSSELL L. 5T,EEF AND 12940 HARRIET AVENUE SOUTH BURNSVILLE. MINNESOTA s337 110WARD 1, GROVES June 17 , 1992 TELEPHONE GI2-69Q-2477 TELECoPIER 612-3=,0-2547 WAYNE A. IACOW M.H. HUNTER, MD GRAYDON JOHNSON, DDS C/O CENTURY 21 FARMINGTON REALTY 409 THIRD STREET FARMINGTON MN 55024 RE: Hunter 06/04/92 Telephone call with Mona; review Purchase Agreement, Addendum and Agreement; telephone call with Mona $ 156.00 06/12/92 Telephone call with Mona regarding erroneous inclusion of property in the City of Farmington condemnation proceeding; review letters; telephone call with Mona; telephone call with attorney Syverson; telephone call with Mona 06/16/92 Review material from Buyer' s attorney; research; telephone call with Mona; telephone call with Bonnie O'Malley Review Condemnation Petition, Notice and Order; telephone call with Mona; telephone call with attorneys Syverson and O'Malley; prepare Amended Order 06/17/92 Telephone call with attorney Harmeyer; telephone call with Mickey; telephone call with Harvey; telephone call with attorney Harmeyer; telephone call with Harvey; telephone call with Court; prepare Non- foreign Person Affidavit; letter to Mickey; telephone call with attorney O'Malley; telephone call with attorney O'Malley; to Apple Valley, conference with Judge; obtain Order; conference with Harvey; telephone call with Mona $ 897.00 For professional services rendered $1,053.00 Previous balance $1,420.00 aalance Due $2,473.00 AGENDA REQUEST FORK ITEM NO. NAME: Larry Thompson DEPARTMENT: Administration DATE: May 28, 1992 MEETING DATE: June 1, 1992 CATEGORY: Add On SUBJECT: Approve Quit Claim Deed - West 300' of Dr. Murray Hunter Property EXPLANATION: During the title review of the sale of the River Valley Clinic building to Larry Ihle, it was discovered that the west 300' was inadvertently deeded during condemnation to the City. Harvey Snyder is preparing the background information and will present it at the meeting. REFERENCE MATERIAL/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Karen Finstuen Administration Jim Bell Administration Charlie Tooker Administration SIGNATURE FROM FREDRIKSON & BYRON 5.27. iyy= 16:4T, r. . • • • • FRL'1)RIKSON & RYRON A$IOWtwaUNM.aiIu,aATlw. Mr. and Mrs. Larry D. Ihle May 27, 1992 Page 2 That part of the SE 1/4 of NW 1/4 of Section 31, Township 114, Range 19, lying East of the Vermillion River west of the platted portion of Farmington which lies within a distance of 75 feet on each side of the center line of Trunk Highway No. 65, Together with all right of access except between points distant 120.2 feet and 160.2 feet westerly of the west line of Division Street; ALSO, the right to erect temporary snow fences upon lands adjacent thereto. We require that a release of this snow fence easement be obtained from the State of Minnesota and recorded. The right of access reserved pursuant to this Final Certificate was extinguished pursuant to instrument dated October 10, 1964, filed December 31, 1964 in Book 264 of Mortgages, page 500. We require that evidence of access to the property be provided. ( T' i The City of Farmington acquired part of the SW 1/4 of 1/4 for park purposes.* condemnation evidenced by Order filed�February 25, 1974 as Document No.,s-0 430334 and filed June 14, 1979 as Document No. 539031. It appears that the West 300'feet of the Premises were included in this condemnation regardless of the fact that the then current owner was not named in the action. We that require a deed be obtained from the City and recorded. 4, Judgment by Norman A. Hansen vs. Rivers Edge Medical Clinic docketed September 2, 1986 in Case No. CC14020 in the amount of$347.00. We require a satisfaction of the judgment. • 5. We have based this opinion upon an abstract of title containing 77 entries last certified to by Chicago Title Insurance Company on April 16, 1992. 6. A survey of the premises prepared by Donald H. Campbell dated January 27, 1964 has been supplied for our review. Based on that survey, a barn foundation encroaches on the premises and a sidewalk is shown on the southerly property line which appears to benefit the premises. We require evidence of the demolition of the barn. If it still exists, please check with us for further requirements. We also require an easement over the sidewalk area which provides the purchaser, its employees and business invitees the exclusive right to use the sidewalk. Pt- sa ey, LA) vzt p(-y N3; sw ILELZ Lk_ c3-uito cuip,..$ ) W 415 3,QS-7 I 45U/ &cf • r -r • , 0 D • p • r o • -U 0. y 0 _ - 32 s Q . w W NUN 0 �,� 13 f� .). -r.,. c, h ow . . _. .., 14. . :\ .3.. ._. _ c� A 7 il .... C.V. -1. N o 1O 0 I# ` • no ,o,' \cAo. 01 17 x • laL QN G 41 WN N n I a) Y`N� i S 'h Rol 14 2i 1 l.).DIVISION N -- / ti ' * ' C-.) 6" • 42t 6t- E VeLc a.,-tel c, w "o \ - N !Le rse P • ! i 7e ZO ,v. •o A 1 l er t y ; ^ tlt cji 4414 o o ee• rX X11 � o 4s2 )4 ' •'[ r Pi a -P �1 1 mi si il I I I I "' FE��Y S �e8 O w D {s� NEallumm C.w 344a 6 5 deN co • lb o .. - - 2444 0 NMI a — - — -- i>e a I 2f�9 • a w • t % • • 1,4114 "is Illia ' ec fryer �� t. i 2P -7 ap 1 •S N �. ! �� I �� e e! 7 /t1 ++ Y � p SIi '•" . 'i R S 1 {'� o o v, e N y ,M 811 ' s Io' X 11 - ��• a • • • 2- i7- x i. : i 7*LA : essf ^ b. ••••S 3 i w r 1 a� 3+�t e e J.Sit r�" 1 e I io - M � w "I' tO • W .-- - v t49: 21•01- • a � � • a • �\...� zits g ' 244 � , V, w /fjG ' ,2r e3 O 0) i 4 — o p _ ___ ._ w o �.p �rf9• o /0 i4 O rn ^'� j� `2�Pif e w AGENDA REQUEST FORM ITEM NO. qQ l NAME: Ken Kuchera Qfj — q-rirt/E&A,.€_. DEPARTMENT: Fire/Rescue / _ 6 h,,,..._ DATE: August 10. 1992 / t// MEETING DATE: August 17, 1992 ® / PijS20-00-4/1 GX4A-1 CATEGORY: New Business 7 SUBJECT: Fire Marshall Appointment U EXPLANATION: REFERENCE MATERIAL/RESPONSIBILITY: Ken Kuchera REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance Ken Kuchera Fire SI� Memo to: Mayor & Council Date August 12, 1992 Re • Fire Marshall Appointment Attached is a memorandum from Ken Kuchera recommending the appointment of Bryan Reed for the position of Fire Marshall effective September 1, 1992. Veterans Preference regulations were adhered to throughout the appointment process. Of a total score of 100%, 10% was given if the applicant was a veteran, 45% of the score was based on the application, and 45% based on the oral interview. The City received four applications. One applicant was not interviewed because he did not meet the minimum qualifications. Of the three interviewed another applicant was dropped from consideration because it was discovered he did not meet the minimum qualifications. Of the two remaining applicants Bryan Reed had the better qualifications and experience for the position. It is recommended that Bryan Reed be appointed to the position of Fire Marshall effective September 1, 1992. The rate of pay as per the 1992 Budget will be $11.00/hour which is the equivalent of the minimum salary of a Grade 5 employee as per the City's compensation plan. The position is a permanent part time position at 50% time and is subject to comparable worth. The Compensation Committee will need to rate this position this year along with other part time positions. Wayne E. Henneke Finance Director c.c. Larry Thompson, City Administrator Ken Kuchera, Fire Chief WEH file V MEMO TO: Wayne Henneke, Finance Director SUBJECT: Fire Marshal Recommendation DATE: August 5, 1992 On July 20, 1992, oral interviews were held with three applicants for the position of part time Fire Marshal. Applicants interviewed included Bryan Reed, Allen Braun and -Daniel McMenomy. I have reviewed each applicants resume. Based on the position description, and each applicant's qualifications and experience, my recommendation is to select Bryan Reed for the position. As discussed, Council approval will be requested on August 17, 1992 . As understood, you will place this item on Council agenda. I also recommend the starting date of this position to be September ],, 1992 . Ken Kuchera, Fire Chief cc: Larry Thompson, City Administrator FFD Board of Directors A AJ kik . A--tj-,D, AGENDA REQUEST FOi 444, // 7 TEM NO. df a NAME: Lary Thompson / DEPARTMENT: Administration kC() DATE: August 10, 1992 6 2 MEETING DATE: August 17, 1992 CATEGORY: Consent gr') SUBJECT: Compost Site Agreement with Pecar EXPLANATION: Agreement between between Apple Valleyakeville, Rosemount, and Farmington with R. D. Pecar REFERENCE MATERIAL/RESPONSIBILITY: Memo and agreement REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works Russ Matthys Public Works SIGNA� • MEMO TO: MAYOR AND COUNCIL SUBJECT: JOINT POWERS AGREEMENT - YARD WASTE COMPOST FACILITY DATE: AUGUST 12, 1992 Attached please find a joint powers agreement between the cities of Farmington, Lakeville, Apple Valley, Rosemount and R.D. Pecar & Company relating to the continuation of the yard waste composting facility on Pilot Knob Road. The County informed Pecar that it would be withdrawing its support of the facility effective December 12, 1992, and without the support the facility would be shut down. While the agreement requires no financial commitment from the cities, but does present some liability exposure under section 4.6 (p. 10) , it is felt it is an acceptable risk given the need for the continued operation of the facility. Also the City will be allowed to deliver 320 c.y./year to the facility at no charge. It is recommended the agreement be approved. Lar;il:4# homp n City Administrator LT/js cc: DAve Harmeyer Russ Matthys Tom Kaldunski file CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law Thomas J.Campbell (612)452-5000 Roger N.M. Scott CITY OF FARMINGTON 452-5550 Thomas M.Scott Gary G.Fuchs James R.Walston AUG 7 1992 in Elliott B.Knetsch Michael A.Broback August 6, 1992 Renae D.Steiner ECEIVE Mr. John Hennen Mr. Jeffrey Weldon Lakeville City Hall Assistant Administrator 20195 Holyoke Avenue West Apple Valley City Hall P.O. Box 957 14200 Cedar Avenue Lakeville, MN 55044 Apple Valley, MN 55124 James F. Sheldon, Esq. Mr. Stephan Jilk Attorney at Law Rosemount City Hall 600 Midway Nat'l. Bank Bldg. 2875 - 147th Street West 7300 West 147th Street Rosemount, MN 55068 Apple Valley, MN 55124 Mr. Larry Thompson Mr. Richard D. Pecar City of Farmington #4 Benhill Road 325 Oak Street Saint Paul, MN 55105 Farmington, MN 55024 RE: Yardwaste Maintenance Contract Dear Gentlemen: Enclosed for your review please find revised contract between Lakeville, Apple Valley, Rosemount, Farmington, and R.D. Pecar & Company, Inc. for operation and maintenance of a yardwaste facility. Insubstantial changes have been made in paragraphs 2. 1, 3 .18, 8.2, 15. 1, and 19.2 at the request of Mr. Pecar. This is scheduled to be on the Lakeville City Council agenda on August 17, 1992, and the Apple Valley City Council agenda on August 13, 1992. If you have any concerns or questions, please call me. Ver truly yours, CAMPBELL, 4 iSON, SCOTT FUCHS .• .A. B /: Roger N. Knutso RNK:srn Enclosure Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 CONTRACT BETWEEN THE CITIES OF LAKEVILLE, APPLE VALLEY, ROSEMOUNT AND FARMINGTON AND R. D. PECAR & COMPANY, INC. FOR OPERATION AND MAINTENANCE OF YARDWASTE FACILITY This Contract is made and entered into between the Cities of Lakeville, Apple Valley, Rosemount and Farmington, hereinafter "Client" and R. D. Pecar & Company, Inc. , P.O. Box 40130, St. Paul, Minnesota 55104, hereinafter "Vendor" . WHEREAS, the State of Minnesota, through enactment of the Waste Management Act of 1980, as amended, has declared as stated policy the improvement of solid waste management through the separation and recovery of energy and materials from solid waste and through the reduction of indiscriminate reliance upon land disposal of solid waste; and WHEREAS, yardwaste may not be disposed of in mixed municipal solid waste, in a landfill, or in a resource recovery facility except for purposes of composting or co-composting; and WHEREAS, the Client, consistent with these policies, desired to ensure an alternative to the landfilling of Yardwaste and Brush pursuant to Dakota County's Solid Waste Master Plan; and WHEREAS, the Vendor offers to operate and maintain a site for the receiving, storage, transfer and processing of Acceptable Materials; and WHEREAS, the Client agrees to promote the delivery of Acceptable Materials to the Vendor, and the Vendor agrees to accept, store, and compost or otherwise process Yardwaste, Brush, r08/06/92 and Christmas Trees delivered to the Facility and the Vendor further agrees to market or otherwise utilize or dispose of all the compost and chips produced at the Facility; and WHEREAS, °the Vendor is a corporation duly organized under the laws of the State of Minnesota and registered to do business in the State of Minnesota; and WHEREAS, Vendor has the authority to execute this Contract as a binding legal obligation, fully enforceable in accordance with its terms and conditions. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: a 1. GENERAL PROVISIONS. 1. 1 Purpose. The purpose of this Contract is to define the rights and obligations of the parties with respect to the operation and maintenance of the yardwaste facility. 1.2 Recitals. The recitals set forth in the whereas clauses above are incorporated by reference as if fully set forth herein. 1.3 Cooperation. The Client and Vendor shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Contract. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 1.4 Term. The term of this Contract shall commence February 16, 1993 , and terminate on December 31, 1996, unless 2 earlier terminated by law or according to the provisions herein. 2 . DEFINITIONS. Unless the language or context clearly indicates that a different meaning is intended, the words, terms and phrases stated below, when capitalized, shall have the following meaning: 2. 1 Acceptable Materials. Yardwaste, Brush, Christmas Trees and the bags in which they are delivered. "Brush" shall mean shrub and tree waste. "Christmas Trees" shall mean fresh-cut coniferous or evergreen trees or boughs, used for Yuletide decorations but not such trees or boughs which contain wire or other contamination. "Yardwaste" shall mean lawn cuttings, leaves, garden waste, weeds and sod strippings. 2.2 Commercial Entity. Any person, or public or private entity, delivering Acceptable Materials to the Facility, other than an Individual delivering Acceptable Materials from his/her own residence. 2.3 Facility. The following site used for the receiving, storage, transfer or processing of Acceptable Materials. Lakeville Compost Site. The Client's yardwaste compost site located at 17750 Pilot Knob Road in Lakeville, Minnesota. 2 .4 Finished Products. Compost in marketable condition and wood chips, or mulch. 2.5 Individual. Any person who delivers Acceptable Materials to the Facility from his/her own residence. 3 2. 6 Processing. Changing Acceptable Materials, as delivered to the Facility, into useful products, through the natural process of composting, or the mechanical process of chipping or grinding, and the preparation needed for these processes to occur. 2.7 Receiving Time. That time during which Acceptable Materials is received at a Facility. 2.8 Season. February 16 through February 15. 2. 9 Tip Fee. A fee charge to Commercial Entities and Individuals for delivery of Acceptable Materials to the Facility. 2. 10 Unacceptable Materials. All materials except Yardwaste, Brush, Christmas Trees, and the bags in which it is delivered. 2. 11 User. Commercial Entities or Individuals delivering Acceptable Materials to the Facility. 3 . VENDOR'S RIGHTS AND OBLIGATIONS. 3 .1 Capacity. The Vendor shall operate and maintain, in each Season (February 16, 1993 through February 15, 1996) the Facility capable of handling Acceptable Materials generated by the Client's communities. 3 .2 Receiving. The Vendor shall accept Acceptable Materials generated in the Client's communities from Individuals and Commercial Entities, based upon policies which the Vendor shall set for the Facility. Such policies shall be submitted to the Client by February 1st of each year and ten (10) days prior to the 4 effective date of any changes thereto. Such policies shall include: Type of material that may be accepted at the Facility. • Condition of Acceptable Materials when delivered; • Bagged vs. Debagged materials; • Parties who may deliver Acceptable Materials; • Fees charged to dispose of Acceptable Materials; • Prices charged for Finished Products; and • Acceptance of Christmas Trees. 3 .3 Waste From Other Areas. Vendor may receive Acceptable Materials generated outside of Client's communities so long as sufficient capacity is retained for Acceptable Materials generated by the Client. 3 .4 Tip Fees. Vendor shall charge a Tipping Fee to Users sufficient to cover costs of the Facility. Vendor shall submit a fee schedule to the Client by February 1st of each year and ten (10) days prior to the effective date of any changes thereto. Notwithstanding the above, the Cities may deliver without cost to the Cities, the following quantities per year of acceptable yardwaste generated by the City making the delivery and delivered to the facility in City vehicles: Lakeville - 520 cubic yards Rosemount - 320 cubic yards Farmington - 320 cubic yards Apple Valley - 520 cubic yards 3 .5 Receiving Time. Subject to applicable Client and municipal ordinances, the Vendor shall keep the Facility open for 5 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A Aug 13 ,92 1. 4 :54 No .017 P.04/05 effective date of any changes thereto. Such policies shall include: * Type of material that may be accepted at the Facility; * Condition of Acceptable Materials when delivered; * Bagged vs. Debagged materials; * Parties who may deliver Acceptable Materials; * Fees charged to dispose of Acceptable Materials; * Prices charged for Finished Products; and Acceptance of Christmas Trees. 3.3 Waste From Other Areas. Vendor may receive Acceptable Materials generated outside of Client's communities so long as sufficient capacity is retained for Acceptable Materials generated by the Client. 3.4 Tip Fees. Vendor shall charge a Tipping Fee to Users sufficient to cover costs of the Facility. Vendor shall submit a fee schedule to the Client by February 1st of each year and ten (10) days prior to the effective date of any changes thereto. Notwithstanding the above, the Cities may deliver without cost to the Cities.* the following quantities per year of Acceptable Materials generated by the City making the delivery and delivered to the facility in City vehicles: Lakeville - 520 cubic yards Rosemount - 320 cubic yards Faarmington - 320 cubic yards Apple Valley - 520 cubic yards 3.5 Receiving Time. Subject to applicable Client and municipal ordinances, the Vendor shall keep the Facility open for 5 the receiving of Acceptable Materials for a minimum of 1200 hours per Season. Vendor shall submit a schedule for the Facility to the Client by February 1st of each year and ten (10) days prior to the effective date of any changes thereto. 3 . 6 Vendor's Rejection of Deliveries. The Vendor may reject Acceptable Materials delivered at hours other than the Receiving Time. A vehicle shall be denied entrance if the Vendor has a reasonable basis to believe it contains any amount of Unacceptable Material. Upon request, the Vendor will provide the User and the Client with the documentation of the rejection and the reasons therefore. The Vendor shall be responsible to obtain landfill capacity and to properly dispose of Unacceptable Materials, which have been delivered and which the Vendor is unable to have removed at the expense of the Individual or Commercial Entity delivering it. The Vendor shall pay all costs for removing and properly disposing of Unacceptable Materials. 3 .7 Processing. Vendor shall process all Acceptable Materials received at the Facility. Acceptable Materials shall be composted, except for Brush which may be chipped or ground. 3 .8 Finished Products. The Vendor shall develop a policy for distributing finished compost and woodchips. Vendor shall submit said policy and any changes thereto to the Client. 3 .9 Closure of Facility. The Vendor shall not accept any Materials after February 15, 1996, at the Lakeville Compost Facility. During the period of February 16, 1996 through December 31, 1996, Vendor shall have exclusive access to the 6 Facility for the purpose of processing materials accepted, selling or otherwise distributing finished products and site clean up. 3 . 10 Clean-up of the Facility. All chips, finished compost, unprocessed Acceptable Materials and Unacceptable Materials present at the Lakeville Compost Facility shall be removed and the site restored to its condition on the day preceding the effective date of this Contract by the Vendor on or before December 31, 1996. 3 . 11 Cost of Removal. If the Vendor does not remove Materials and Finished Products as required under 3 . 10, the Client may remove them and charge the Vendor for its removal. 3 . 12 Labor and Equipment. The Vendor shall provide all labor, equipment, tools, supplies, and other materials necessary to operate the Facility. The Vendor shall maintain, repair and replace all equipment as necessary, to ensure continued compliance with all requirements of law and other obligations as set out in this Agreement. 3 . 13 Roads. The Vendor shall be responsible for maintaining all roads within the boundaries of the sites required for continued operation as contemplated by this Agreement. The Vendor shall be responsible for connecting such roads to the access roads or drives at the boundaries of the site. 3 . 14 Drainage. The Vendor shall provide and maintain an adequate storm and surface water drainage system during the period of operation. 3 . 15 Vendor's Information Systems. The Vendor shall establish and maintain an information system to provide storage and 7 ' C ready retrieval of Facility data. No later than twenty (20) days after the close of each calendar quarter, the Vendor shall provide the Client with a report for the previous quarter, presented in a form acceptable to the Client, including, but not limited to, the following data on Yardwaste, Brush and Christmas Trees received by the Facility: A. City/township of origin by weight and volume; B. The total weight and volume; C. Assessed Tipping Fees; D. The weight or volume of residues and Unacceptable Materials delivered to a sanitary landfill for disposal; E. The use of conversion factors, as described below, by materials; a F. Quantity of Yardwaste and Brush not generated in Dakota County; G. Breakdown by weight and volume by individuals and commercial entities; and H. Other information which the Client may reasonably require. 3 .16 Product Distribution Report. The Vendor shall report quarterly the volumes and the type of use intended by the end users. 3 . 17 Converting Volume to Weight. The Vendor shall establish a factor for converting cubic yards of Yardwaste and Brush received to tons of materials received. This conversion 1 factor shall be based upon test weights for each material received. 8 3 . 18 Hazardous Waste. If any hazardous waste, as defined by any federal or state law or regulation, is received at the facility, the Vendor shall within 24 hours notify the Minnesota Pollution Control Agency and the Client Coordinator. 3 . 19 Phone. The Vendor shall maintain a phone service to answer questions about its facility. An answering machine shall be used when no one is available to answer the phone. 3 .20 M.P.C.A. Rules. Vendor shall comply with the M.P.C.A. rules attached hereto as "EXHIBIT 1, " and any subsequent amendments to the Rules. 4. RIGHTS AND OBLIGATIONS OF THE CLIENT. 4 . 1 Commitment to Promote the Delivery of Acceptable Materials. The Client shall promote the delivery of Acceptable Materials to the Facility. The Client will meet and confer with the Vendor on publicity of the Yardwaste program. The Client, jointly with R. D. Pecar and Company, Inc. , shall develop a program and materials for promoting the yardwaste management program and Facility. 4.2 Permit. Notwithstanding Section 5.2 of this Contract, the Client shall obtain the Minnesota Pollution Control Agency Permit by Rule and other land use or conditional use permits. 4.3 Site. The City of Apple Valley shall provide the site legally described on the attached "EXHIBIT 2" for the Lakeville Yardwaste Compost Facility. 9 4 .4 Tours. At any time during the term of this Agreement and upon reasonable prior notice to the Vendor, the Client, its elected officials, employees, agents, representatives or guests shall have the right to tour the Facility in order to observe and to permit others to observe the various services which the Vendor performs. The Vendor may take reasonable precautions to protect proprietary equipment and processing procedures. Such scheduled tours shall be conducted in a manner so as to comply with the Vendor's safety standards, shall not interfere with the Vendor's ability to perform its obligations under this Agreement. Tours shall occur during regular operating hours, unless otherwise agreed to by both parties. 4.5 Inspection. The Client, its elected officials, employees, agents or representatives, including employees of the M.P.C.A. and Dakota County, may inspect the operation of the Facility at any time for the purposes of verifying compliance with the terms of this Agreement. The Vendor shall cooperate fully with the inspection. The Client, its elected officials, employees, agents or representatives shall have complete right and access to the Facility so long as it does not interfere with the normal operations of the Facility. 4. 6 Lakeville, Apple Valley, Rosemount and Farmington ("the Cities") acknowledge that they are individually and collectively "arranging for" and "generating" delivery of materials to the site and that they are "owners or possessors" of the property from and after the date of this Contract. The Cities further agree that 10 should a determination be made by the M.P.C.A. , the EPA, their successors or assigns, or any governmental agency having jurisdiction over the site and the processes occurring thereon, that any one of the Cities is liable with respect to the activities performed under this Contract, that all of the Cities shall share: the costs of defense, including reasonable attorneys ' fees; all damages, claims, awards, penalties and the like; clean-up costs, remediation costs and administrative costs or other similar costs in the proportions as follows: Apple Valley - 35%; Lakeville - 35%; Farmington - 15% and Rosemount - 15%. This Agreement and the associated allocation of costs hereunder does not release or waive the Cities' rights against prior owners, possessors or operators, nor waive or release any other persons, including vendor, from any legal responsibility. 5. COMPLIANCE WITH LAWS/STANDARDS. 5. 1 General. Vendor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Contract or to the Facility, programs and staff for which Vendor is responsible. This includes, but is not limited to all Standard Assurances, which are attached as Exhibit 3 . 5.2 Licenses. Vendor shall procure, at its own expense, all licenses, permits or other rights required for the provision of services contemplated by this Contract. Vendor shall inform the Client of any changes in the above within five (5) days of 11 occurrence. 5.3 Violations. Any violation of Federal, state, or local laws, statutes, ordinances, rules, or regulations, as well as loss of any applicable license or certification by Vendor shall constitute a material breach of this Contract, whether or not intentional and shall entitle the Client to terminate this Contract upon delivery of written notice of termination to Vendor. 5.4 Minnesota Law to Govern. This Contract 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 Contract shall be venued in the State of Minnesota. 6. INDEPENDENT CONTRACTOR STATUS. Vendor is to be and shall remain an independent contractor with respect to any and all work performed under this Contract. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint venturers or associates between the parties hereto or as constituting Vendor as the employee of the Client for any purpose or in any manner whatsoever. Vendor acknowledges and agrees that Vendor is not entitled to receive any of the benefits received by Client employees and is not eligible for workers' or unemployment compensation benefits under the Client. Vendor also acknowledges and agrees that no withholding or deduction for state or federal income taxes, FICA, 12 FUTA, or otherwise, will be made from the payments due Vendor and that it is Vendor's sole obligation to comply with the applicable provisions of all federal and state tax laws. 7. RENT. Vendor shall pay the City of Apple Valley $900. 00 per year rent for the Lakeville compost site. The first rental payment shall be due within ten (10) days after the effective date of this contract and shall be due annually thereafter on the anniversary date of the first payment. 8. INDEMNIFICATION AND INSURANCE. 8. 1 Indemnification. The Vendor will indemnify, defend and save harmless the Client, its elected officials, employees, agents or representatives from any and all claims, damages, lawsuits, losses, liabilities, costs and expenses arising out of any act, omission or equipment failure on the part of the Vendor or its subcontractors, agents, servants or employees in the performance of any of the work or services to be performed or furnished by the Vendor under the terms of this Agreement. Such indemnity shall include, but not be limited to, property damage, personal injury, bodily injury and death, punitive damages or any combination thereof. The Client shall indemnify, defend and save harmless the Vendor, its employees, agents or representatives from any and all claims, damages, lawsuits, losses, liabilities, costs and expenses 13 arising out of any act or omission or commission of the Client, its elected officials, employees, agents or representatives in connection with work or services to be performed by the Client under the terms of this Agreement. 8.2 Insurance. In order to protect itself and to protect the Client under the indemnity provision set forth above, the Vendor shall, at Vendor's expense, procure and maintain policies of insurance during the term of this Agreement as set forth below. Such policies of insurance shall apply to the extent of, but as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by the Vendor. Each such policy of insurance and insurance certificate shall not be canceled, non- renewed or materially changed in the issuing insurance company, without at least thirty (30) days written notice of intent to cancel to the Client. Concurrent with execution of this Agreement and as necessary to show continuous coverage, the Vendor shall file acceptable certificates of insurance with the Client. All insurance shall state that the insurance broker through which this insurance was purchased has errors and omissions insurance. 8.3 Coverage. The policies of insurance to be obtained by the Vendor pursuant to this Article shall be purchased from a licensed carrier, shall name Client as an additional insured, and shall include the following: 14 A. Comprehensive General Liability, including Contractual. Occurrence-based single or combined limit comprehensive general liability insurance with the minimum limits of Two Hundred Thousand and No/100 Dollars ($200, 000) per person and Six Hundred Thousand and No/100 Dollars ($600, 000) per occurrence. B. Automobile Liability. Automobile liability insurance if any vehicles are used in connection with this Agreement which shall include the following minimum coverages: (1) Bodily Injury and Property Damage: Two Hundred Fifty Thousand and No/100 Dollars ($250,000) per person and Five Hundred Thousand and No/100 Dollars ($500, 000) per occurrence. (2) Hired, owned and non-owned vehicles. C. Umbrella Liability. Umbrella Liability insurance in the minimum amount of $2, 000, 000. It is the responsibility of Contractor to maintain all underlying insurance in accordance with the terms of the Umbrella Liability policy. D. Workers' Compensation. The statutory minimum. 8.4 Failure to Provide Proof of Insurance. This Agreement will not be executed until proof of insurance consistent with the insurance requirements herein has been submitted to the Client. 8.5 Excessive Premiums. If the premium for any liability insurance more than triples from one year to the next during the term of this Agreement, the Vendor may terminate this Agreement effective upon cancellation of insurance coverage and ten (10) days notice. In the event Vendor gives notice to terminate under this paragraph, Vendor and Client agree to meet and confer on payment of insurance premiums and continuation of this Agreement. 15 CAMPBELL , KNUTSON, SCOTT & FUCHS, P.A Aug 14 ,92 11 :03 N❑ .004 P .03/03 • 9, PERFORMANCE BOND. The Vendor shall furnish to the Client a bond in the amount of Twenty-five Thousand and No/100 Dollars ($25,000.00) which shall be that if the Vendor fails to perform the obligations required by this Agreement, and the Client is required to spend monies or labor or materials to remedy such nonperformance, the Vendor and sureties on the bond will indemnify and save the Client harmless from all losses, costs, and charges that may be incurred by the client because of any failure by the Vendor to comply with the terms of this Agreement. The Client may approve an irrevocable letter of credit in lieu of a performance bond. Although the Vendor is required to have a bond or letter of credit in place for the entire term, bonds or letters of credit for shorter terms will be accepted provided they are replaced or renewed by the Vendor before they lapse. 10. SUBCONTRACTING. Parties shall not enter into any subcontract for the performance of this Contract nor assign any interest in this Contract without prior written consent of all parties and subject to such conditions and provisions as are deemed necessary. This limitation shall not apply to subcontracts so long as R.D. Pecar, President, retains managerial control of the Facility. All parties shall be notified of subcontracts as soon as reasonably possible regardless of their dollar value or nature. Any agreement between Vendor and any subcontractor shall obligate the subcontractor to comply with the general terms of this Contract. The subcontracting or assigning party shall be responsible 16 for the performance of its subcontractors or assignees and their compliance with the Contract terms. 11. DEFAULT. 11.1 Force Majeure. No party shall be held responsible or subject to damages for delay or failure to perform when such delay or failure is due to any uncontrollable circumstance unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure, including but not limited to: A. Riots, insurrections, war or civil disorder affecting performance of work, blockades, sabotage, and acts of God (including tornadoes, lightning, earthquakes, fires, explosions and floods but not including typical seasonal weather conditions for this geographic area) . B. The adoption of or change in any federal, state or local laws, rules, regulations, ordinances, permits, or licenses or changes in the interpretation of such laws, rules, regulations, ordinances, permits, or licenses by a court or public agency asserting jurisdiction after the date of the execution of the Contract, except a change in federal, state or local tax law. C. The suspension, termination, interruption, denial or failure of renewal of any permit, license, consent, authorization or approval essential to the operation, management or maintenance of the Facility. D. Orders and/or judgments of any federal, state or local court, administrative agency or governmental entity. The Client and the Vendor agree to attempt to resolve quickly all matters related to uncontrollable circumstances and use all reasonable efforts to mitigate its effects. If a matter arising under this paragraph is unable to be resolved within sixty (60) days the non-defaulting party may 17 terminate this Contract upon ten (10) days written notice. 11.2 Inability to Perform. Vendor shall make every reasonable effort to maintain staff, facilities, and equipment to provide the services to the Client as required by this Contract. Vendor shall immediately notify the Client in writing whenever it is unable to, or reasonably believes it is going to be unable to, provide the agreed upon quality and quantity or services. Upon such notification, the Client shall determine whether such inability requires a modification or cancellation of this Contract. 11. 3 Default by Vendor. Unless cured or excused by the occurrence of Force Majeure or Client default, each of the following shall constitute default on the part of the Vendor: • The written admission by the Vendor that it is bankrupt; or the filing of an involuntary petition under the Federal Bankruptcy Act against the Vendor unless dismissed within ninety (90) days. The Notice of Default and cure provisions of this Contract do not apply to this paragraph. • The making of any arrangement with or for the benefit of Vendor's creditors involving an assignment to a trustee, receiver or similar fiduciary. The Notice of Default and cure provisions of this Contract do not apply to this paragraph. • Making material misrepresentations either in the attached exhibits and documents or in any other material provision or condition relied upon in the making of this Contract. • A court or administrative body having competent jurisdiction finds that the Vendor persistently disregards laws, ordinances, rules, regulations or orders of any public authority. Failure to perform any other material provision of this contract. 18 I : 11.4 Default by the Client. Unless cured or excused by the occurrence of Force Majeure or default of the Vendor, each of the following shall constitute a default on the part of the Client: • Making knowing material representations either in the attached exhibits and documents or in any other provisions or conditions relied upon in making this Contract. • Failure to provide the site indicated in paragraph 4.3 or the equivalent. • Failure to perform any other material provision of this Contract. 11. 5 Written Notice of Default. Unless a different procedure and/or effective date is provided in the article or paragraph of this Contract under which the default, failure or breach occurs, no event shall constitute a default giving rise to the right to terminate unless and until written Notice of Default is given to the defaulting party, specifying the particular event, series of events or failure constituting the default and cure period. 11. 6 Cure Period. If the party in default fails to cure the specified circumstances as described by the Notice of Default within twenty (20) days or such other time as may be specified under the terms of this Contract, then this Contract may be terminated. 19 12 . TERMINATION. 12 . 1 Duties of Vendor upon Termination. Upon termination, except as otherwise requested, Vendor shall discontinue performance of this Contract. Within one (1) year of termination, Vendor shall remove all chips, Finished Products, unprocessed Acceptable Materials and Unacceptable Materials and restore site to its condition on the day preceding the effective date of this Contract. 12 .2 Duties of Client upon Termination. Upon termination, and except as otherwise provided, the Client shall not be liable for any services provided after termination, except as authorized by the Client in writing. 12.3 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination, including by way of illustration only and not limitation, Standard Assurances attached hereto. 13 . CONTRACT RIGHTS/REMEDIES. 13 . 1 Rights Cumulative. All remedies available to either party under the terms of this Contract or by law 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 20 the exclusion of other remedies. 13 .2 Waiver. The waiver of any default by either party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. Waiver of breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of the Client and Vendor. 14. DAMAGES. 14. 1 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 14.2 Cost of Defense. In the event the Vendor fails to operate the facility in compliance with all applicable local, state and federal laws, permits, rules and regulations, the Vendor shall reimburse the Client for any civil or criminal penalties or costs of defense incurred due to such violations. 15. REPRESENTATIVE. 15. 1 Authorized Representative. The following named persons are designated the Authorized Representative of parties for purposes of this Contract. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that, as to the Client, the Authorized 21 Representative shall have only the authority specifically or generally granted by the Client. Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. TO VENDOR: R. D. PECAR & COMPANY, INC. P. O. Box #40130 St. Paul, MN 55104 Attn: Richard D. Pecar, President (612) 224-1659 TO CLIENT: CITY OF APPLE VALLEY CITY OF LAKEVILLE 14200 Cedar Avenue Apple Valley, MN 55124 Attn: City Administrator (612) 431-8800 CITY OF FARMINGTON 321 Oak Street 20195 Holyoke Avenue West Lakeville, MN 55044 Attn: City Administrator (612) 469-4431 CITY OF ROSEMOUNT 2875 - 145th Street West Farmington, MN 55024 Rosemount, MN 55068 Attn: City Administrator Attn: City Administrator (612) 463-7111 (612) 423-4411 15.2 Coordinator. To assist the parties in the day-to-day performance of this Contract and to develop service, ensure compliance and provide ongoing consultation, a coordinator shall be designated by Vendor and the Client. The parties shall keep each other continually informed, in writing, of any change in the designated coordinator. At the time of execution of this Contract, the following persons are designated coordinators: Vendor Coordinator: Richard D. Pecar Phone Number: (612) 224-1659 Client Coordinator: John Hennen Phone Number: (612) 469-4431 22 16. CONFLICT OF INTEREST. Vendor agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business, partnership, corporation, government, governmental unit, or any other organization that would create a conflict of interest in the performance of its obligations under this Contract. 17. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, signed by Authorized Representatives of the Client and Vendor. 18. SEVERABILITY. 18.1 The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. 18.2 The parties further agree to substitute for the invalid portion a valid provision that most closely approximates the economic effect and intent of the invalid provision. 23 19. MERGER. 19. 1 Final Agreement. This Contract 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. There are no representations, warranties, or stipulations, either oral or written, not herein contained. 19.2 Exhibits. Exhibit 1 - "M.P.C.A. Rules; Exhibit 2 - "Legal description of Yardwaste Compost Facility Site"; Exhibit 3 - "Standard Assurances;" and are attached and incorporated herein by reference. IN WITNESS WHEREOF, the parties have executed this Contract on the date indicated below: CITY OF APPLE VALLEY CITY OF FARMINGTON By: By: WILLIAM F. HOLTON, Mayor EUGENE "BABE" KUCHERA, Mayor By: By: MARY MUELLER, Clerk LARRY THOMPSON, Administrator CITY OF LAKEVILLE CITY OF ROSEMOUNT By: By: DUANE R. ZAUN, Mayor EDWARD B. McMENOMY, Mayor By: By: CHARLENE FRIEDGES, Clerk SUSAN M. WALSH, Clerk 24 I. • R. D. PECAR & COMPANY, INC. By: Its By: Its STATE OF MINNESOTA) ) ss. : COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1992, by WILLIAM F. HOLTON and MARY MUELLER, respectively the Mayor and Clerk of THE CITY OF APPLE VALLEY, a Minnesota municipal corporation, on behalf of said corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA) ) ss. . COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1992, by EUGENE "BABE" KUCHERA and LARRY THOMPSON the Mayor and Administrator of THE CITY OF FARMINGTON, a Minnesota municipal corporation, on behalf of said corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 25 STATE OF MINNESOTA) ) ss. : COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1992, by DUANE R. ZAUN and CHARLENE FRIEDGES respectively the Mayor and Clerk of THE CITY OF LAKEVILLE, a Minnesota municipal corporation, on behalf of said corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA) ) ss. . COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1992, by EDWARD B. McMENOMY and SUSAN M. WALSH respectively the Mayor and Clerk of THE CITY OF ROSEMOUNT, a Minnesota municipal corporation, on behalf of said corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1992, by and respectively the and of R. D. PECAR & COMPANY, INC. , a Minnesota corporation, on behalf of said corporation. NOTARY PUBLIC 26 MINNESOTA POLLUTION CONTROL AGENCY RULES 7035.2835 COMPOST FACILITIES. Subpart 1. Scope. The requirements of subparts 4 to 9 apply to the owners and operators of facilities used to compost solid waste, except as provided in part 7035.2525, subpart 2. The owner or operator of a yard waste compost facility must comply with subparts 2 and 3 only. Backyard compost facilities are exempt from this part. Subp. 2 Notification. The owner or operator of a yard waste compost facility must notify the commissioner by letter before beginning operation of the facility. The notification must include the facility location, the name of the contact person, the phone number of the contact person, the address of the contact person, the facility design capacity, the type of waste received, and the intended distribution of the finished product. Subp.3 Operation requirements for a yard waste compost facility. A. Odors emitted from the facility must not exceed the limits specified in parts 7005.0900 to 7005.1400. B. Composted yard waste offered for use must be produced by a process that encompasses turning of the yard waste on a periodic basis to aerate the yard waste, maintain temperatures, and reduce pathogens. The composted yard waste must contain no sharp objects greater than one inch in diameter. C. By-products, including residuals and recyclables must be stored in a manner that prevents vector problems and aesthetic degradation. Materials that are not composted must be stored and removed at least weekly. D. Surface water drainage must be controlled to prevent leachate runoff. Surface water drainage must be diverted from the compost and storage areas. E. The annual report required under part 7035.2585 must be submitted to the commissioner and must mclude the type and 9uantity, by weight or volume, of yard waste received at the compostfacility; the quantity, by weight or volume, of compost produced; the quantity, by weight or volume, of compost removed from the fac and a description of the end-product distribution and disposal system. EXHIBIT 1 1 Y v • EXHIBIT 2 LEGAL DESCRIPTION OF YARDWASTE COMPOST FACILITY SITE SITE DESCRIPTION: A11' that part of the North one-half of the Southwest Quarter (N 1/2 of SW 1/4) of Section Twelve ( 12) , Township One Hundred Fourteen North (114N) , Range Twenty West ( 20W) , described as follows : Assuming the North line of said Section 12 to have a bearing of South ninety degrees East (S.90'E) and the West line of said Section 12 to have a bearing of North zero degrees and fifty-six minutes East (N.0'-56 'E. ) ; thence beginning at a point which is one thousand five hundred seventy-four and three-tenths (1, 574.3 ' ) feet East and three thousand one hundred fifty-five and six-tenths ( 3, 155 .6' ) feet South of the Northwest corner of said Section 12; thence • Easterly and parallel to the North line of the Southwest Quarter (SW 1/4) of said Section 12 a distance of one thousand sixty-five and seven-tenths (1 ,065 .7 ' ) feet , more or less to the East line of said Southwest\Quarter (SW 1/4) of said Section 12, thence Southerly along said East line to the Southeast corner of the North one-half of said Southwest Quarter (N 1/2 of SW 1/4) ; thence Westerly along the South line of said North one-half of said Southwest Quarter (N 1/2 of SW 1/4) to the Southwest corner thereof ; thence North along the West line of said North one-half of said Southwest Quarter (N 1/2 of SW 1/4) thirty-three ( 33 ' ) feet, thence East and parallel to the South line of said North one-half of said Southwest Quarter (N 1/2 of SW 1/4) one thousand five hundred seventy-four and three-tenths ( 1, 574. 3 ') feet to a point due South of the point of beginning, thence North to the point of beginning, all according to the Government Survey thereof-. INGRESS AND EGRESS EASEMENT DESCRIPTION: A permanent easement for ingress and egress over and across the following described property: Beginning at a point which is 1 .574.3 feet East and 3 ,155.6 feet South of the Northwest corner of said Section Twelve 12 Township One Hundred Fourteen North ( 114N) Range Twenty West ( 20W) ; thence Easterly and parallel with the North line of Southwest 1/4 of Section 12 a distance of 35 feet; thence 'Southerly and parallel with the west line of the Southwest 1/4 of Section 12 to the South line of the North 1/2 of the Southwest 1/4 of Section 12; thence westerly along the South line of the North 1/2 of the Southwest 1/4 of Section 12 a distance of 1 . 609.3 feet to the west line of Section 12; thence North along the west line of Section 12 a distance of 33 feet ; thence Easterly and parallel with the South line of the North 1/2 of the Southwest 1/4 of Section 12, a distance of 1 ,574.3 feet; thence Northerly to a point of beginning and there terminating. Subject to easements, restrictions, and reservations of record, if any. r .b'. v c5 of this Contract, the Contractor shall not unlawfully t 1, MOa-OiSCRiMiMATi01l. During tthe performancecreed, religion, sex, to ee or discriminate against any employee applicant for employment because of race, color,Y assistance statue. The Contractor will tare national origin, disability, age, marital status or public • affirmative action to ensure that applicants, are employed, and that employees are treated during employment, without unlawful discrimination because of their race, color,action ex, national origin, , ublic assistance stat ' origin, disability, age. marital status or p t not be p9 3 limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment ' layoff or termination; rates of pay or other forms of compensation; and selection for training, advertising, oat in conspicuous places, available to employees and including apprenticeship. The Contractor agrees to p } applicants for employment, notices which set forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, coloi., religion, sex, national origin, disability, marital status, or public assistance status. rovide religious or sectarian training or No funds received under this Contract shall be used to p 4 services. The Contractor shall' comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not meant to limit, laws which may be applicable: A. ' The E ual Em to ant 0 bortunity Act of 1972, as amended, 42 U.S.C. §2000e et seq. which prohibits discrimination in employment because of race, color, religion, sex or national origin. B. Executive Order 11246, as amended, which is incorporated herein by reference, and prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or national 'origin. and 45 C.F. R. 84.3 (J) and (K) C. The Rehabilitation Act of 1973, as amended, 29 U.S. C. §701 et sualified handicapped persons in the implementing Sec. 504 of the Act which prohibits discrimination against q access to or participation in federally-funded services or employm s D. The Ace Discrimination in Em to eat Act of 1967, as amended, and. Minn. Stat. 5181.81, whit: t generally prohibit discrimination because of age. which provides that an employer may no E. The Eoual Day Act of 1963, as amended, §29 U.S.C. 5206, discriminate on the basis of sex by paying employees of different sexes differently for the same work. d which generally prohibits discrimination because of race,. color F. Minn. Stat. Ch. 363, as amended, creed, religion, national origin, sex, marital status, status with regard .to public assistance, disabilit or age. person by reason of race, creed, o • 1 G. Minn. Stat. 5181.59 which prohibits discrimination against any 'color. in any state or political subdivision contract for materials, supplies or construction. Violation c this section is a misdemeanor and any second or subsequent violation of these terms may be cause fc forfeiture of alt sums due under the Contract. 2, DATA PRTVACT. For purposes of this Contract all data collected, crested, received, maintained Minn. St a' disseminated shall be administered consistent with Minnesota in foreevor hereafter adoptedData easAwell as Feder : Chapter 13 and the Minnesota Rules implementing the Act now comply with these statutes and rules. All subcontrac laws on data privacy. The Contractor will strictly P Y • shall contain the same or similar data practices compliance requirements. documents, papers, sccounTi 3. RECORDS IIiSCLQSURE/RETE><TTOK. Contractor's bonds, records, ti procedures 'and practices, and other evidences tteteitherthis the Contract leg Legislative prsubject state Auditor, pursuant eaminatio - duplication, transcription and audit by the County and Minn. Stat. §16B.06, subd. 4. Such evidences are also subject to review by the Comptroller work under tt l. United States, or 'a duly authorized representative, if federal funds are used for any • .Contract. The Contractor agrees to maintain such evidences for a period of three (3) years from the di payment were last provided or made or longer if any audit in progress requires a ton! services or retention period. or solely responsible for the health ' 4. {?ORKER HEALTH SAFETT AqD TRATMTxG. Contraclunderths Contact. Contractor shall m safety of its employees in connection with the work performedperform work arrangements to ensure the health and safety of all subcontractorspersonneld other of Contra nor whoanmaymsubconform work ors connection with this Contract. Contractor shall ensure ony icensed or certified appropriate to the to properly trained and supervised and, when applicable, and Health Act' engaged in under this Contract. Contractor shalt comply with the 'Occupational Safety the 'Employee Right to Know Act', Minn. Stat. §182.65 et. seq., where applicable. EXHIBIT 3 AGENDA REQUEST FORM ITEM NO. 1/ k NAME: Ken Kuchera O C' c DEPARTMENT: Fire/Rescue DATE: August 4, 1992 y V. .© MEETING DATE: August 17, 1992 CATEGORY: Consent SUBJECT: Donation Resolution EXPLANATION: Requesting Council to approve donation_ totaling $R,500.00 to Purchase Physio -Control Life pack 300, Semi-automatic Defibrillator_ REFERENCE MATERIAL/RESPONSIBILITY: See attached organization donations and memo. REFERRED TO: (NAME) DEPARTMENT: VIce-v•_ k4A-c19-1 - SIGNATURE DATE : AUGUST 11 , 1992 TO: KEN KUCHERA, FIRE CHIEF FROM: DAN THELEN , RESCUE SQUAD CAPTAIN TOM HEMISH , 2ND LIEUTENANT SUBJECT: SEMI-AUTOMATIC DEFIBRILLATOR. AS PER THE COUNCILS APPROVAL ON JULY 13 , 1992 , THE DEFIBRILLATOR COMMITTEE WAS GIVEN THE GO AHEAD TO SEEK FUNDING FOR THE PURCHASE OF A SEMI-AUTOMATIC DEFIBRILLATOR THROUGH LOCAL ORGANIZATIONS . WITH THE COMMITTEE' S EFFORT , THE RESPONSE FROM THE LOCAL ORGANIZATION HAS BEEN A COMPLETE SUCCESS . $ 2 , 150 . 00 HAS BEEN DONATED FROM THE KASOTA BOOSTER CLUB, $ 500 . 00 FROM THE V . F.W. , 5 2 , 500 . 00 FROM THE AMERICAN LEGION , AND THF EAGLES CLUB HAS MADE A COMMI FTM}'NT TO FUND THE REMAINING HAT-\(`E AFTER THE FARMINGTON CHAMBER MAKES A POSSIBLE DONATION . THE COMMITTEE HAS MET AND REVIEWED THREE DIFFERENT SUPPLIER ' S OF SEMI-AUFOMATI_c DEFIBRILLATORS , AND 'THE. PHYSIO-( ONTFOL LIFE PAK 300 HAS BEEN CHOSEN . THE COSTOF IBIS 1?111 IS ' 8 , 500 . 00 , INCLUDING T'AN, FOR THE UNIT & MIS(' CHARGES . .ANY REMAINING DONATED DOLLARS 1 FI I' AFTER PAYING PHYSIO-CONTROL WOULD BE ASKED TO BE EARMARKED FOR SUPPLY' S & TRAINING. WE ARE ASKING THE COUNCIL Al THIS TIME TO ACCEPT THESE DONATIONS FOR THE PURCHASE OF THE PHYSIO-CONTROL LIFE PAK 300 SEMI-AUTOMATIC DEFIBRILLATOR, AND THAT' ANY REMAINING DONATED DOLLARS BE EARMARKED FOR SUPPLYS AND TRAINING. ATTACHED YOU WILL FIND A QUOTE FOR THE PHYSIO-CONTROL LIFE PAK 300 , ALONG WITH CHECKS OR LETTERS FROM THE DONATING ORGANIZATIONS . IF YOU HAVE ANY QUESTIONS , PLEASE FEEL FREE TO CONTACT ONE OF US . THANK YOU. SINCERELY, DAN THELEN , RESCUE SQUAD CAPTAIN TOM HEMISH , 2ND LIEUTENANT .. +) .• 19 18 9 • . • . ' VFW POST NO. 7662 GAMBLING ACCOUNT 421 - 3RD ST. FARMINGTON, MN 55024 75-346/919 19q ------ PAY - 0 / i ot) TO THE $ \ • 1 .00 ORDER OF C1 4 NIP —U.4----, DOLLARS IliFIRST NATIONAL BANKf , 1 1 Post Office Box 70,Farmington,Minnesota 55024-0070 4.4_ \401r I FOR41.7 ,j2-V.,-- '14_,10-49---4—Cr MI II tj re.17 1160 L L13911' I:091190 346 21: 70.1.0 3 L In 411' 1 1 , , . . .. . KASOTA BOOSTERS CLUB 894 FARMINGTON LANES r . GAMBLING ACCOUNT P.O. BOX 26 KASO75-346/919 TA, MN 56050 1 4 19 q .,, PAY TO THE -4_ . ,p. ORDER OF I $ , '$._L , t N .1' ell FIRST NATIONAL BANK .. Post Office Box 70,Faxmington,Minnesota 55024-0070 H MEMO -87"-ca. err'd . ig., OqiCte", 1 12z/0.44- I. I:0 L 90 3 4 6 2i: 3 7 in 4 2 7 Hi 211' 08 4 L i_ ... Pnwrirau s,A � en Clifford Larson Post 189 FARMINGTON, MINNESOTA 55024 K ".----4, 1 c:A, 6----L....,- /&cJ //4„--- ed„ �..-,_, L4)2_,, 1--f ---et.) --ft.c.AA, ti . y7c-1 ,„,r.s4,,,-3.2_,..k.A.A, k, , 4 ' r1/11q/Y:P ,_17,, -- -.'.4.-- .A.A-ib ----cWl--- 1 1`7) '••• •'° 2... i ""' _ ,4 0-- c..„.„ �.0 / , Ar -(0,„ IP ) ;, (ie., riyymrovn4:61,..„, (CIA-3, / P7 9A-- • EAG LES L .rtatetnd Otht &a AERIE NO. 40311- 209 OAK STREET FARMINGTON MINNESOTA o � r o ' r 55024 r ce m �� ;\ �: n OFFICE OF SECREARY Farmington's � Y Leading Fraternity F.O.E. August 11 , 1992 City of Farmington. This letter is to Inform the City Council that Farmington Eagles #4031 will donate up to $5,000 .00 for the Farmington Rescue Squad to purchase a Fibrillator. Thank you for your time . Respectfully submitted, Steve Swenson Secretary - Eagles #4031 ii:MI°eR Pir,o Cori Cr%:!,,-, n e. % Least Quotation#: 20451A �r�+ s'^ � b ���,1 O its 9703d6akdtur.SLSti� i ) O '7'\ 7 '3 9123 S.3SA. Page#: 1 e1r-nor r:'.1,:42 Quote Date: 7/24/92 To: Mr.Tom.Hemish Sales Representative: Gerard Gull-louse Farmington Rescue Squad (612) 926-3549 325 Oak Street Farmington,MN 55024 FOB: Redmond,'NA Shipping: 90 to 120 days Terms: Net 30 day-; from date of invoice This quote is firm until: 9/24/92 Unit Unit Part# Description Oty Price D scount Total LIFEPAK®300 AUTOMATIC ADVISORY DEFIBRILLATOR WITH INTEGRAL PRINTER 1. 804900- Battery operated portable DC defibrillator/ monitor with Shock Advisory 1 7,295.00 583.60- 6,711.40 SystemTM,Integral ECG/Voice Recorder and fully annotating strip chart printer with CODE SUMMARYI'M critical event record. Includes two Battery Pak batteries, one battery charger, defibrnllation cable,soft carrying case,two sets of FAST-PATCH@ disposable defibrillation/ECG electrodes,two cassette tapes,two Operating Instructions,one reference check sheet,one Service Manual,and one optional Inservice Video. One year warranty on parts and labor. 2. 803499- Patient Simulator. Simulates ventricular fibrillation,normal sinus rhythm 1 350.00 28.00- 322.00 and motion. Also serves as a defibrillator delivered energy tester. Includes four 1.5V AA alkaline batteries and 2 Operating Instructions. 3. 805094- FAST-PATO-I@ adapter, provides hands-off defibrillation capabilities 1 150.00 12.00- 138.00 4. 804700-003 ECG Printer Paper(box of 3 rolls) 5 13.50 6.24- 36.30 5. 804976- ECG monitoring cable,Lead 11 only 2 145.00 290.00 6. 805602- Defibrillation electrode cable 1 145.00 145.00 7. 804995- Soft carrying case,includes spare-battery bag 1 150.00 150.00 8. 805565- Defibrillation/ECG training electrodes (1 set) 1 35.00 35.00-NO CHARGE 9. 803177- Defibrillation/ECG training electrodes extension cable(1 set) 1 60.00 60.00-NO CHARGE 10. 804545-001 FAST-PATCH@ disposable defibrillation/ECG electrodes. For use with 5 15.00 15.00-NO CHARGE defibrillation adapter,part#803747. 1 set(2 electrodes) 11. 805094- FAST-PATCH@ adapter, provides hands-off defibrillation capabilities 2 150.00 150.00-NO CHARGE TOTAL THIS QUOTE $ 7,792.70 Discount Savdn ,s- Discounts: 1,124.80 tw. OF 7H1S AGENDA REQUEST FORM ITEM NO. n NAME: Daniel M. Siebenaler gV1,---'-- -/ / DEPARTMENT: Police C)( 4'P -- DATE: August 6 , 1992 / O 9ds MEETING DATE: August 17 , 1992 S' 9 c CATEGORY: Consent - SUBJECT: Training Agreement - Law Enforcement �� V EXPLANATION: Request permission to renew police training Ar contract with Dakota County Technical College REFERENCE MATERIAL/RESPONSIBILITY: Training Agreement and Memn REFERRED TO: (NAME) DEPARTMENT: (= -N 1. SIGNATURE MEMO TO: Mayor and Council SUBJECT: Law Enforcement Training DATE: August 12 , 1992 During the past 18 months, the police department has had a training contract with Dakota County Technical College. This contract has proven to be beneficial and based on the new catalog offerings should continue to be beneficial . The cost per officer of this contract is subject to a 100% re- imbursement by the POST Board. I request permission to renew our Law Enforcement Training Contract. As always , if you have any comments or questions feel free to contact me at your convenience . ,411111 Daniel M. Siebenaler Chief of Police DMS/m i►, ATTACHMENT 1993 TUITION The actual cost per officer is somewhat dependent upon the level of participation and will be calculated after all Training Agreements have been returned. Regardless of the amount of participation, the tuition will not exceed $325 per officer per year. The minimum tuition has been set at $271 per officer. In addition, a $10 surcharge has been added to each year's tuition by the Law Enforcement Training Advisory Board. The purpose of this surcharge is to establish a Reserve Fund for the Dakota County Training Association that may be carried over annually. This fund may be used for specialized training needs that arise for Association agencies, or for supporting future training in the event that participating agencies training budgets are significantly reduced. As in the past year, all profit from non-contracted tuition will stay in the Law Enforcement Training Program. These funds will be used to bring in specialized seminars (such as Reed Interviewing) at no cost to Association members, or may be transferred to the Reserve Fund if absolutely necessary. Below is a summary of 1993 program expenses and an example of how the 1993 tuition will be calculated, based on the number of Dakota County Enforcement officers participating: 1993 PROGRAM EXPENSES PROJECTED COURSE EXPENSES $60,000 ACTUAL COORDINATION EXPENSES $36,250 • 50%Coordinator Salary & Fringe • Travel Expenses • General Supplies • Dues&Memberships • 50%Support Staff Salary & Fringe TOTAL PROGRAM EXPENSES $96,250 1993 TUITION CALCULATION 100%PARTICIPATION $96,250 + 368 offlers = $261 plus$10 Reserve Fund = $271 per officer 87%PARTICIPATION $96,250 + 321 officers = $300 plus$10 Reserve Fund = $310 per officer 80%PARTICIPATION $96,250 + 296 officers = $325 = $325 per officer* * Maximum tuition to be charged • • Page 2/Training Agreement Dakota County Technical College will not assume any liability for damages incurred or as a result of conducting this training. All persons shall be eligible for enrollment in any program at Dakota County Technical College regardless of race, color, religion, sex, national origin, residency, marital status or physical disabilities. COST: In exchange for the services listed above, member agencies of the Dakota County Training Association agree to compensate the Law Enforcement Training Program of Dakota County Technical College a maximum amount of $325.00 per officer for the training period January 1, 1993 through December 31, 1993. This amount is to be paid prior to January 31, 1993. Please refer to the Attachment for a detailed explanation of the tuition calculations. ====== The above contract is accepted and agreed to by the following: Name: Janna McFarlane Title: Coordinator Department: Dakota County Technical College Signed: Signed: Date: Date: Number of Officers: Please attach a list of the names and POST numbers of the officers covered by this agreement and return signed contract by Tuesday, August 15, 1992 . s. DAKOTA COUNTY TRAINING ASSOCIATION 1993 TRAINING AGREEMENT GOAL: The goal of this training agreement is to ensure that the Law Enforcement Training Program of Dakota County Technical College continues to provide quality, professional, and necessary training for law enforcement personnel. Furthermore, that the training program provides an equitable, broad based, current curriculum designed to meet the specific needs of law enforcement in the area. PROPOSAL: Dakota County Technical College will engage in a contract with participating agencies to provide POST approved, continuing education training for law enforcement personnel. Participating agencies will be known as the Dakota County Training Association. The following terms are proposed: 1) The Law Enforcement Training Program of Dakota County Technical College will provide a minimum of 300 hours of POST approved training for the period January 1, 1993 through December 31, 1993. 2) The training provided at Dakota County Technical College will be continually evaluated by participating agencies and officers. Course evaluations will be completed at the conclusion on each training session, and program and curriculum evaluations will be requested from participating agencies. 3) In order to best meet the specific needs of law enforcement, training officers from member agencies of the Dakota County Training Association will be invited to scheduled meetings to review past and future curriculum and training concerns. 4) Registration for training will be conducted on a first come first serve basis with priority given to full-time licensed officers. The number of registrations from individual agencies may be limited in some cases in order to accomodate all member agencies fairly. If enrollment allows, member agencies may register part-time or non-licensed personnel at no cost. 5) Unless noted otherwise in the course announcement, all courses scheduled will be conducted regardless of enrollment numbers. 6) Courses not covered by this training agreement include the Firearms Program. Any course which is not serviceable under this agreement will be designated as such in the training brochure. AGENDA REQUEST FORM ITEM NO. I /c) Kb("ta-4"---___L NAME: Dave Harmeyer °L4eir DEPARTMENT: Attorney DATE: August 6, 1992 A MEETING DATE: August 17, 1992 CATEGORY: Consent SUBJECT: Resolution declaring the City's committment to Zero Tolerance of Violence EXPLANATION: REFERENCE MATERIAL/RESPONSIBILITY: Proposed Resolution REFERRED TO: (NAME) DEPARTMENT: Department Heads /0 j,u_„( a. , , , SIGNATURE 4) A RESOLUTION NO. 1 I01() - r7 DECLARING THE CITY OF FARMINGTON'S COMMITMENT TO ZERO TOLERANCE OF VIOLENCE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 17th day of August, 1992, at 7:00 p.m. The following members were present: The following members were absent: Member ?) introduced and Member seconded the following resolution: WHEREAS, the 1992 Minnesota State Legislature adopted Chapter 492 declaring a State policy of zero tolerance of violence and encouraging all public corporations within the State to adopt a goal of zero tolerance of violence; WHEREAS, the City of Farmington is firmly committed to the safety of its citizens. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council adopt a policy of zero tolerance of violence and further resolves that it is the duty of each officer and employee of the City to actively work to reach the goal of zero violence. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of August, 1992. Mayor Attested to this day of , 1992. (SEAL) Clerk/Administrator