HomeMy WebLinkAbout11.20.23 Council PacketMeeting Location:
Farmington City Hall
430 Third Street
Farmington, MN 55024
CITY COUNCIL REGULAR MEETING AGENDA
Monday, November 20, 2023
7:00 PM
Page
1.CALL TO ORDER 7:00 P.M.
2.PLEDGE OF ALLEGIANCE
3.ROLL CALL
4.APPROVE AGENDA
5.ANNOUNCEMENTS / COMMENDATIONS
6.CITIZENS COMMENTS / RESPONSES TO COMMENTS
(This time is reserved for citizen comments regarding non-agenda items. No
official action can be taken on these items. Speakers are limited to five minutes
to address the city council during citizen comment time.)
7.CONSENT AGENDA
7.1.Contract for Printing and Mailing Services for The Currents Publication
Agenda Item: Contract for Printing and Mailing Services for The
Currents Publication - Pdf
3 - 12
7.2.Minutes of the November 6, 2023 Regular City Council Meeting.
Agenda Item: Minutes of the November 6, 2023 Regular City Council
Meeting - Pdf
13 - 19
7.3.Contract Between the City of Farmington and Beaver Creek Companies
Inc for Septic System Permitting and Inspection Services
Agenda Item: Contract Between the City of Farmington and Beaver
Creek Companies Inc for Septic System Permitting and Inspection
Services. - Pdf
20 - 27
7.4.Payment of Claims
Agenda Item: Payment of Claims - Pdf
28 - 29
Payment of Claims
7.5.Staff Recommendations and Changes
Agenda Item: Staff Recommendations and Changes - Pdf
30
Page 1 of 86
7.6.Lease Renewal - City Hall Postage Meter System
Agenda Item: Lease Renewal - City Hall Postage Meter System - Pdf
31 - 36
7.7.New Copier Leases - Xerox
Agenda Item: New Copier Leases - Xerox - Pdf
37 - 59
7.8.Resolution Accepting Donation from Kwik Trip to the Rambling River
Center
Agenda Item: Resolution Accepting Donation from Kwik Trip to the
Rambling River Center - Pdf
60 - 61
7.9.Resolution Declaring Surplus Property
Agenda Item: Resolution Declaring Surplus Property - Pdf
62 - 63
8.PUBLIC HEARINGS
8.1.Ordinance Amending Chapter 18 of the Farmington City Code Related
to Peddlers, Solicitors, and Transient Merchants
Staff is requesting that Council approve and pass Ordinance 023-778
Amending Chapter 18 of the Farmington City Code Regarding Peddlers,
Solicitors, and Transient Merchants.
Agenda Item: Ordinance Amending Chapter 18 of the Farmington City
Code Related to Peddlers, Solicitors, and Transient Merchants - Pdf
64 - 75
8.2.Ordinance Amending Title 6, Chapter 2, of the Farmington City Code as
it Relates to Licensing of Dogs
Conduct the public hearing, and motion to pass Ordinance 023-777
Amending Title 6, Chapter 2, Sections 1, 2, 3, 5, 6, 8 and 16 of the
Farmington City Code as it Relates to Licensing of Dogs.
Agenda Item: Ordinance Amending Title 6, Chapter 2, of the Farmington
City Code as it Relates to Licensing of Dogs - Pdf
76 - 86
9.AWARD OF CONTRACT
10.PETITIONS, REQUESTS AND COMMUNICATIONS
11.UNFINISHED BUSINESS
12.NEW BUSINESS
13.CITY COUNCIL ROUNDTABLE
14.ADJOURN
Page 2 of 86
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Julie Flaten, Asst City Admin/HR Director
Department:Administration
Subject:Contract for Printing and Mailing Services for The Currents Publication
Meeting:Regular Council - Nov 20 2023
INTRODUCTION:
Approve the contract with Johnson Litho Graphics for printing and mailing services for the
Farmington Currents publication.
DISCUSSION:
Proposals were sought for printing and mailing services for the Farmington Currents publication that
is mailed to all residents four times per year. The City received two responses. Johnson Litho
Graphics offered the lowest pricing. Johnson Litho Graphics is also the City's current provider for
this service and has a good working relationship with City Staff.
BUDGET IMPACT:
Funds are included in the 2024 proposed budget.
ACTION REQUESTED:
Approve the contract with Johnson Litho Graphics to provide printing and mailing services for the
Farmington Currents publication for years 2024 - 2026.
ATTACHMENTS:
Farmington RFP Contract Response
Page 3 of 86
Contract for Services Rendered (Revision_2 of CSR—l1—8—2023)
This is a contract entered into by Johnson Litho Graphics (hereinafter referred to as “the
Provider")and the City of Farmington,MN (hereinafter referred to as “the Client”)on this date,
January 1,2024.The contract period is for three (3)years and will terminate on December 31,
2026.
The Provider’s place of business is 2219 Galloway Street,Eau Claire,WI,54703 and the
Client’s place of business is 430 Third Street,.Farmington,MN,55024.
The Client hereby engages the Provider to provide services described herein under “Scope and
Manner of Services.”The Provider hereby agrees to provide the Client with such services in
exchange for consideration described herein under “Payment for Services Rendered."
Scope and Manner of Services
Services To Be Rendered by the Provider:
The Provider will supply the printing,mailing and delivery services for the publication and
distribution of the “Farmington Currents”newsletter.
The publication is to be printed,mailed,and delivered four times annually in either 28 or 40
page formats.Publication months are January,March,August,and November.
Printing Specifications:
o The Client will provide the Provider with a high resolution PDF with bleeds or
packaged lnDesign CS3 file.
-Paper:80#glossy
-Folded Size:8-1/2”x 11 /Saddle stitched —8-1/2”x 11"finished book.
-Color:4 color process with bleeds,printed two sides throughout
-A full color proof will be provided by Provider,to the Client for review prior to
publication.Printing is to ensue only after final proof approval by the client.
o Proof alterations are not to exceed a rate of $65/hour.
-Quantity for printing and distribution is 12,500 finished books.Adjustments to the
quantity produced will be determined by EDDM mail counts at the time of each
mailing and a delivery quantity as determined by the Client.
Page 4 of 86
Mailing Specifications:
0 The "Farmington Currents”is an 8-1/2”x 11”,se|f—cover publication.
0 The Provider will supply at no cost generic mailing indicla for pieces to be mailed.
-Mailed pieces will be addressed ECRWSSEDDM-Residential Customer
-Prior to printing,Provider will gather a mailing count of Farmington residents and
provide a calculated postage amount to the Client.The Client is to prepay
postage prior to delivery at the post office.
0 The Provider is responsible for all deliveries.These include delivery of all pieces
to be mailed to the Farmington Post Office Annex.Pieces not mailed shall be
delivered to Farmington City Hall,430 Third Street,Farmington,MN 55024.
Payment for Services Rendered
The total cost for services as presented in the Provider's response to the Client's Request for
Proposal is Ninety Nine Thousand Two Hundred Forty and 00/100 Dollars ($99,240.00)
Payment by Client to the Provider shall be made upon the successful completion of tasks as
outlined under the Scope and Manner of Services.
The Client shall pay the Provider for services rendered within 30 calendar days of the date on
any invoice.
Should the Client fail to pay the Provider the full amount specified in any invoice within 30
calendar days of the invoice’s date,a late fee equal to 1-1l2%shall be added to the amount
due.
Special Purchases
It is understood by the Provider that the Client may alter the finished specifications of the
publication as outlined in the Scope and Manner of Services.
It is further understood by both parties that additional expenses and costs may be a result of
such alteration.
The Client accepts that the Provider will consider such costs a Separate Purchase,not subject
to the terms of the contract.
Additional costs for Special Purchases will be billed simultaneously upon the successful
completion of each publication and due within 30 days of the invoice date.
Page 5 of 86
Contract Modifications
It is agreed that no modification to the Contract may be made without the mutual agreement of
both the Client and Provider.
Termination
Either party may terminate this Contract without cause providing 30 calendar days Notice of
Termination to the other party
In the event the Contract is terminated:
-Provider shall discontinue the performance of all activities related to their
responsibilities under the contract and return any Client property within Provider’s
possession.
0 Client agrees to remit payment for any outstanding invoices within ‘IOdays of the
Notice of Termination.
Final Agreement
This contract is the final expression of the agreement of the parties.This Contract is the
complete and exclusive statement of the provisions agreed to by the parties.This Contract
supersedes all prior negotiations,understandings,or agreements.There are no
representations,warranties,or provisions,either oral or written,not contained within.
Exhibits
Exhibit 1:Client’s Request for Proposal
Exhibit 2:Provider’s response to Request for Proposal
Exhibit 3:2024 Production timeline.
Page 6 of 86
Applicable Law and Other Terms
This contract shall be governed by the laws in the State of Minnesota and any applicable
Federal law.
Venue and Choice of Law:
This Agreement shall be interpreted under the laws of Minnesota.In the event of litigation,the
exclusive venue shall be in the District Court of the State of Minnesota for Dakota County.
DPA:
The parties will comply with all applicable data practices laws,including but not limited to the
Minnesota Government Data Practices Act (MGDPA),Minn.Stat.Ch.13 and the Minnesota
Rules implementing the MGDPA,as amended,as well as any applicable state or federal laws
on data privacy and security.All data created,collected,received,stored,used,maintained,or
disseminated by the parties in the performance of their roles and responsibilities are subject to
the requirements of the MGDPA,the Minnesota Rules implementing the MGDPA,as amended.
Indemnification:
The Provider shall defend,indemnify and hold harmless the City,its officers,agents,and
employees,of and from any and all judgments,claims,damages,demands,actions,causes of
action,including costs and attorney's fees paid or incurred resulting from any breach of this
.Agreement by Provider,its agents,contractors and employees,or any negligent or intentional
act or omission performed,taken or not performed or taken by Provider,its agents,contractors
and employees,relative to this Agreement.City will indemnify and hold Provider harmless from
and against any loss for injuries or damages arising out of the negligent acts of the City,its
officers,agents,or employees.
Insurance:General Liability.
Prior to starting the work under this Agreement,Provider shall procure,maintain,and pay for
such insurance as will protect against claims or loss which may arise out of operations by
Provider or by any subcontractor or by anyone employed by any of them or by anyone for
whose acts any ofthem may be liable.Such insurance shall include,but not be limited to,
minimum coverage and limits of liability specified in this Paragraph or required by law.
Page 7 of 86
Authorized Representatives
The Authorized Representatives of the respective parties for purposes of the Contract are as
follows.
To The Provider:
Lance Papke, President
2219 Galloway Street
Eau Claire, WI 54 703
Telephone: (715) 832-3211
sales@johnsonlitho.com
To The Client:
Shirley Buecksler, City Clerk & Joshua Hoyt, Mayor
430 Third Street
Farmington, MN 55024
Telephone: (651) 280-6800
FarmingtonMN.gov
Liaisons
The Liaisons of the respective parties for purposes of this contract are as follows:
Provider liaison : David P. Frank
Telephone: (715) 832-3211
Email: da vidf@johnsonlitho.com
Client liaison : Caryn Hojnicki
Telephone: (651) 280-6800
Email: Chojnicki@FarmingtonMN.gov
Signatures
In witness of their agreement to the terms above, the parties or their authorized agents hereby
affix their signatures:
Lance Papke, President
(Printed Name of Client or agent)
(Signature of Client or agent) (Date)
Joshua Hoyt, Mayor
(Printed Name of Provider or agent)
(Signature of Provider or agent) (Date)
Shirley R Buecksler, City Clerk
(Printed Name of Provider or agent)
(Signature of Provider or agent) (Date)
Page 8 of 86
430 Third St,Farmington,MN 55024FARMINGTOFarmingtonMN.gov
REQUESTFORPROPOSAL (RFP)
FOR COMMERCIAL PRINTING SERVICESAND MAILINGSERVICESFOR THE
FARMINGTON CURRENTS
The City of Farmington is requesting proposals for printing and mailing services for the Farmington
Currents.The proposal will include printing and delivering the publication to the mailing service
company (if located at a different facility).The printing company will supply both printing and mailing
company proposals and may outsource these services at their discretion providing the specifications and
quality of services are not altered.When the mailing service has prepared the publication for mailing,it
must be delivered to the Hamilton H.Judson —Farmington Post Office,113 Elm St.Any overruns will be
delivered to Farmington City Hall on the same day.Proposals must be-submitted using the attached
proposed cost form to ensure a measurable comparison.If the proposal is not submitted in this format,
the proposal will be disqualified.Proposals must be received Wednesday,Oct.25,2023,no later than 2
r??ease send RFP responses to CHojnicki@FarmingtonMN.gov or City of Farmington,430 Third
Street,Farmington,MN 55024.All responses must be addressed to the attention of Caryn Hojnicki,
Communications Specialist and marked on the outside "City Newsletter Production."
It is understood that proposals may not be withdrawn for a period of thirty days after the date set for
proposal review.Proposal review will take place on Thursday,Oct 26.The request for proposal does not
obligate the city to award a contract or complete the project,and the city reserves the right to reject
any or all proposals,to waive information therein,and to award the contract in the best interest of the
city.The city reserves the right to award a portion of the proposal or the entire proposal.
PRINTING SPECIFICATIONS
0 The city will provide the printer with a high—respdf to upload to the company's site.
-Paper:80#glossy (self—cover).
-Folded Size:8.5”x 11"/SaddleStitched —8.5"x 11"Book.
0 Color:Full color with bleed (4—colorprocess).
-A full color proof will be provided to the city for review before the publication is approved
for print.Please include the fee for revisions to the final proof.
Total Printed Copies
The quarterly publication will include the printing of 12,500 copies per publication.
Page 9 of 86
CEITVOF .
1430ThirdSt.,Farmington,MN 55024ARMINTOFarmingtonMN.gov
an
Quarterly Publication —Page Totals
Winter,spring,fall ~28 pages plus park foldout in spring with option to add foldouts in other issues
Summer —40 pages with option to add foldout
MAILING SPECIFICATIONS
-Farmington Currents is an 8.5 x 11,self-cover publication.
-Ink jet addressing,mailed as a flat.
-Every Door Direct Mailing.
-The mailing company will send the city a check request for postage for the Farmington Post
Office two weeks prior to the scheduled mailing.The city will deliver the check to the Post
Office.
-The printer will supply overruns with the publication delivery.When the mailing service has
prepared the publication for mailing it must be delivered to the Farmington Post Office and
overruns will be delivered to Farmington City Hall on the same day.
PROJECT PROPOSALS
The proposed project will begin with the 2024 spring issue and continue through the fall of 2026.
Proposal quotes will be honored by the printing and mailing companyfor project term.Production
deadlines will be provided following the acceptance of the proposal.
OPTIONALINCLUSION
An optional inclusion of two additional years can be added to the proposal term.The optional term is
included on the project proposal form.The extended term option will include the 2027 spring issue and
continue through the winter of 2028-29.
The proposed cost form must be used for the proposal and the form follows on page three of this
document.
Questions?Please contact:
Caryn Hojnicki at 651-280-6807,CHojnicki@FarmingtonMN.gov
Emilee Shearer at 651-280-6854,EShearer@FarmingtonMN.gov
Page 10 of 86
430 Third St.,Farmington,MN 55024FARMINGTNFarmingtonMN.gov
Proposed Cost Form
Name of Printing Company.Johnson Litho Graphics of Eau Claire,Ltd.
Address.2219 Galloway St.Eau Claire,WI 54703
phone:(715)832-3211 Website address.saIes@j0hnson|itho.c0m
Staff Contact Name(s):DaVld P-Frarlk
staff phone;(7’l5)832-3211 Ema“address;davidf@johnsonIitho.com
ProiectTermPrinting Proposal
The three-year term cost includes 28 pages for the winter,spring,and fall issues;and 40 pages for the
summerissue each year.
1.Spring 2024,Summer 2024,Fall 2024,Winter 2024-25 cost:$29,990-00
2.Spring 2025,Summer 2025,Fall 2025,Winter 2025-26 cost:$29990-O0
3.Spring 2026,Summer 2026,Fall 2026,winter 2026-27 cost:$30.50000
Total Printing Project Cost:__$90/1'80-O0
Optional Two-Year Printing Project Inclusion
4.Spring 2027,Summer 2027,Fall 2027,Winter 2027-28 cost:$31.415-00
5.Spring 2028,Summer 2028,Fall 2028,Winter 2028-29 cost:$32.35700
Total Optional Inclusion Printing Project Cost:$63772-O0
Project Term Mailing Proposal
The three-year term cost includes 28 pages for the winter,spring,and fall issues at a single piece weight of
0.2188 pounds;and 40 pages for the summer issue at a single piece weight of 0.460 pounds,each year.
1.Spring 2024,Summer 2024,Fall 2024,Winter 2024-25 cost:$2,840.00
2.Spring 2025,Summer 2025,Fall 2025,Winter 2025-26 cost:$2920.00
3.Spring 2026,Summer 2026,Fall 2026,Winter 2026-27 cost:$3,000.00
Total Mailing Project Cost:__$8.760-00 *
Optional Two-Year Mailing Project Inclusion
4.Spring 2027,Summer 2027,Fall 2027,Winter 2027-28 cost:$3,090.00
5.Spring 2028,summer2028,Fall 2028,Winter 2028-29 cost:$3.13500
Total Optional Inclusion Mailing Project Cost:$627500
Total Printing and Mailing Project Cost:*$99240-O0 *
*Page and weight alterations initiated by the city will be estimated and billed to the city as an additional fee outside of the proposal estimate.
Additional Cost for two-page,fold-out option:$1,150 per issue
Alterations:$65/hour
Page 11 of 86
l..Ipdat:ecl8/2/I/2023
Farmington Currents 2024 Publication Schedule
Spring —Jan.16 to Mar 15 (2 months)
28 pages +Parks Inventory Fold Out
Info request out:Tuesday,Nov.7,2023
Content deadline:Tuesday,Nov.21,2023
Draft ready:Wednesday,Dec.13,2023
Revisions due to comm:Friday,Dec.15'
To printer:'I‘uesday,Dec.19,2023
In homes by:Tuesday,Jan.16
Program registration:Tuesday,Jan.16
Summer —Mar.15 to July 31 (4.5 months)
40 pages +optional Recreation foldout
Info request out:Wednesday,Jan.10
Content deadline:Friday,Jan.26
Draft ready:Friday,Feb.23
Revisions due to comm:Tuesday,Feb.27
To printer:Fri.ci:-;iy,lVl{iIl‘Cl1I
In homes by:Friday,March 15
Program registration:Friday,March 15
Fall —Aug.1 to Oct.31 (3 months)
28 pages
Info request out:Thursday,May 30
Content deadline:Thursday,June 13
Draft ready:Tuesday,July 9
Revisions due to comm:Thursday,July 11
To printer:Monday,July 15
In homes by:Thursday,Aug.1
Program registration:Thursday,Aug.1
Winter 2024/25 —Nov.1,2024 to Jan.15,
2025 (2.5 months)
28 pages
Info request out:Friday,Aug.30
Content deadline:Friday,Sept.13
Draft ready:Monday,Oct.7
Revisions due to comm:Wednesday,Oct.9
To printer:Friday,Oct.11
In homes by:Tuesday,Nov.1
Program registration:Monday,Nov.1
Communications Writing Guidelines:
0 Only one space between sentences,not
two.
0 Times should not include ":00"and should
have periods in the a.m.or p.m.
E.g.1 p.m.or 1:30 p.m.INCORRECT=1:00
PM.
0 Don't capitalize "city council"unless the
city name is included.E.g.Farmington
City Council
0 The city's email style has the first two
initials +"F"and "MN"capitalized.
E.g.CHojnicki@FarmingtonMN.gov
0 Capitalize the word "city"in all references
to the "City of Farmington"but not when
"city"is used alone.E.g.The City of
Farmington will...,Reports from the City
say...
0 Don't use "bit.ly"links in print.Contact
Communications to set up a shortened
Farmington URL such as
FarmingtonMN.goy[Recycling.
0 Ifa date includes a month +day,the
month name should be abbreviated unless
the month is March,April,May,Juneor
July.Months that don't include a date are
not abbreviated.
E.g.Wednesday,Nov.20 or Monday,Aug.
5.
E.g.In January we The city hosted in
December...
0 Also,dates should never be
preceded by the word "on".Use
the day of the week instead of on.
E.g.The open house is Monday,
Jan.3.
0 Don't use Times New Roman font.
Please refer to the city brand manual or AP Style
book for other common guidelines.
Page 12 of 86
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Shirley Buecksler, City Clerk
Department:Administration
Subject:Minutes of the November 6, 2023 Regular City Council Meeting
Meeting:Regular Council - Nov 20 2023
INTRODUCTION:
For Council review and approval are the minutes of the Regular City Council Meeting dated
November 6, 2023.
ACTION REQUESTED:
Approve the minutes of the November 6, 2023 Regular City Council Meeting.
ATTACHMENTS:
11.06.23 Council Minutes
Page 13 of 86
Regular City Council Meeting Minutes of November 6, 2023 Page 1 of 6
City of Farmington
Regular Council Meeting Minutes
Monday, November 6, 2023
The City Council met in regular session on Monday, November 6, 2023, at Farmington
City Hall, 430 3rd Street, Farmington, Minnesota.
1. CALL TO ORDER
Mayor Hoyt called the meeting to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Hoyt led everyone in the Pledge of Allegiance.
3. ROLL CALL
Members Present: Mayor Joshua Hoyt
Councilmembers Nick Lien, Katie Porter, and Steve Wilson
Members Absent: Councilmember Holly Bernatz (excused absence)
Staff Present: Lynn Gorski, City Administrator
Julie Flaten, Asst City Administrator/HR Director
Leah Koch, City Attorney
Deanna Kuennen, Community & Economic Development Director
Kim Sommerland, Finance Director
Matt Price, Deputy Fire Chief
Kellee Omlid, Parks & Recreation Director
Gary Rutherford, Police Chief
John Powell, Public Works Director
Shirley Buecksler, City Clerk
4. APPROVE AGENDA
Motion was made by Councilmember Wilson and seconded by Councilmember Porter
to approve the agenda, as presented.
Motion carried: 4 ayes / 0 nays
5. ANNOUNCEMENTS / COMMENDATIONS
5.1 Introduction of New Employees and Swearing in of Paid-on-Call Fire District
Chief and Lieutenant
The following new employees were introduced to Council:
• Building Official Josh Lawrenz
• GIS Specialist Danielle Olson
• Finance Director Kim Sommerland
Page 14 of 86
Regular City Council Meeting Minutes of November 6, 2023 Page 2 of 6
Deputy Fire Chief Scott Mattingly was sworn in and pinned by his father, Ron.
His daughters were also in attendance.
Fire Lieutenant Jason Graham was sworn in and pinned by his wife, Heather.
6. CITIZENS COMMENTS / RESPONSES TO COMMENTS
None
7. CONSENT AGENDA
7.1 Gambling Event Permit, Farmington Volleyball Club, January 10, 2024;
Resolution R69-23
7.2 Gambling Premises Permit, K.D.K. Foundation at Longbranch Saloon & Eatery,
309 Third Street, Farmington; Resolution R71-23
7.3 Minutes of the October 16, 2023 Regular City Council Meeting
7.4 Payment of Claims for October 11-31, 2023 in the Amount of $1,246,658.65
7.5 Agreement with International City Management Association Retirement
Corporation, doing business as Mission Square Retirement
7.6 Staff Changes and Recommendations Including:
• Seasonal Warming House Attend ants Nathan Bartell, Evrett Bennett, Anna
Goodrich, Ava Goodrich, Naomi Heggemeier, Alex Jacobson, Dylan Kaiser,
and Gavin Phillips
• Warming House Supervisor Lauren Fleming
• Assistant Skating Supervisor Marina Nelson
7.7 2023-24 Farmington High School Hockey Game Ice Rental Agreement
7.8 Agreement with Youth Sports Plus for Video Services at Schmitz-Maki Arena
7.9 Five-Year Farm Lease with Devney Family Farms
7.10 Johnson Controls Fire and Life Safety Systems Planned Service Agreement
7.11 Resolution R70-23 Accepting Donation from Farmington VFW Post 7662 to the
Halloween Walk
7.12 Contract with Asplundh Tree Expert LLC for Tree Trimming and Removal
Services
7.13 Final Acceptance of Public Streets and Utilities and Release of Securities –
Sapphire Lake 4th Addition
7.14 Professional Service Agreement with WSB for Staff Augmentation
Motion was made by Councilmember Lien and seconded by Councilmember Wilson to
approve the Consent Agenda, as presented.
Motion carried: 4 ayes / 0 nays.
8. PUBLIC HEARINGS
None
Page 15 of 86
Regular City Council Meeting Minutes of November 6, 2023 Page 3 of 6
9. AWARD OF CONTRACT
None
10. PETITIONS, REQUESTS AND COMMUNICATIONS
None
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. CITY COUNCIL ROUNDTABLE
Councilmember Lien:
Thank you to Chief Rutherford for the invitation to the Police Department banquet.
It was a great night.
Councilmember Porter:
Reminder that Veteran’s Day is Saturday so thank a Veteran for their service to our
community. Patriotic Day is Thursday, November 9, at Farmington High School at 7:30
p.m. Major Zach Duckworth will be the speaker. It is an honor to have him in our
community and serving in our Senate, as well.
Councilmember Wilson:
Two or three things always stand out to me as a Councilmember that I really enjoy:
Swearing in of a Police Officer, swearing in rank of our Fire Department, and new
employees. It’s really exciting that we have talented new employees and the best Staff
in the state of Minnesota. Welcome to our new Staff.
Chief Rutherford, thank you for the awards ceremony invitation. It’s really quite
remarkable the type of situations that you and your team find yourself in when serving
the public, things that the average person wouldn’t have any awareness of. I appreciate
that with a ton of gratitude to be hearing some of the stories, the awards, and the work
that your team puts in, I appreciate that.
Congratulations to our Farmington Girls Cross Country Team. This girls’ team, their
Coach Adam Lippold and his wife who is involved with the program, are a remarkable
team. They just finished 6th in the state and beat Edina, who finished 7th. That was a
huge accomplishment. For the senior girls graduating this year, they participated in the
state meet four years in a row, which is a really big deal. Kudos to them, they have won
sections seven years in a row. I want to call out the two boys who qualified for state
and participated, Mason Roeller and Andrew Crisp, and the girls, Mariah Fenske,
Lauren Lansing, Sophia Venning, Mackenzy Lippold, Marianah Scott, Brylee
Cavanaugh, and Lindsey Woestehoff. Tiger Kudos to all of you, it was awesome.
Page 16 of 86
Regular City Council Meeting Minutes of November 6, 2023 Page 4 of 6
Attorney Koch:
Reminder that elections are tomorrow, and your community may be involved, so be
sure to check.
City Administrator Gorski:
Welcome to our new employees and thank you for choosing Farmington. Every time
we have an opening, I am always amazed by the talent pool we have and the
opportunities we have to work with the new employees we hire.
Also, I want to thank our current employees for continuing to choose Farmington.
We appreciate all of our employees who work here. There are many openings out there
and people continue to choose us, so we are thankful for that.
Friday, City Hall will be closed for observance of Veterans Day.
City Clerk Buecksler:
On tonight’s agenda, Council approved a Gambling Premises Permit for K.D.K.
Foundation at the Longbranch Saloon. The applicants are here tonight if Council has
any questions for them.
Director Flaten:
Staff have finished their work on The Currents winter edition, so that should be
arriving at homes in about a week and a half.
Director Sommerland:
I have only been here for a week, so I’m working on getting caught up. My Staff is
really good about keeping me on task as to what’s important. I am truly happy to be
here and appreciate working with the amazing team that Lynn has.
Director Omlid:
It’s not too early to sign your house up for the Holiday Lights Tour. We have 12
houses already registered. Look for it on the City of Farmington homepage at
https://www.farmingtonmn.gov. Houses need to be registered by November 27th, with
lights on by December 4th and on for the holidays. We will have a map prepared by
December 4th.
The Halloween Havoc Tour – if you haven’t heard the story about Mr. Halloween, I
encourage you to go on Kare 11 and watch the two stories. Thank you to him for all he
did for the Farmington food shelf. Neat publicity for Farmington and the food shelf.
Director Powell:
Thank you for recognizing new employees. With Dani, whenever we talk about
doing something that we’ve done many times in the past, we take the approach that
maybe we can have an app for that. Something as simple as on Snow Day, the plow
drivers noting where there are basketball hoops in the street that could be an obstacle,
we had an app for that. We asked Dani and she put it together and it’s right on their
Page 17 of 86
Regular City Council Meeting Minutes of November 6, 2023 Page 5 of 6
phones, so we are very appreciate having her on staff. Thank you for your support and
making the change from the role in engineering.
A few project notes – you may notice that the columns near the Schmitz-Maki Arena
are shorter than they used to be. This was done in order to improve the site distance
for vehicles exiting the drop-off. Drivers expressed discomfort with the ability to see
oncoming traffic, so we lowered a few of those columns. At Meadowview Preserve,
they plan on doing some grading this fall and starting utility work in that subdivision in
the spring.
The mechanics and I will be visiting a couple of other local communities this week
to look at fleet management software to see what they are using that might fit our
needs.
Deputy Chief Price:
This Saturday is our 72nd annual Turkey Bingo. Doors open at 5 p.m., first game
starts at 6 p.m. We encourage everyone to come down, it’s fun for everyone. It will be
ran a little differently this year than in years past, with more seating and no silent
auction tables. There will be no silent auction this year. Instead of going to the
businesses and asking for donations, we’re asking for money to offset costs. Those
that did, there may be some surprises happening.
Chief Rutherford:
It’s Toys for Town season again. We will start distributing our donation bins to our
50+ donation sites this week. In the meantime, if anyone has new unwrapped toys they
would like to donate or financial donations, they can make those in the lobby of the
Police Department. Gift wrapping will take place on Saturday, December 16th at 9 a.m.
at Farmington High School.
Mayor Hoyt:
It’s that time of year again with Turkey Bingo, Shop with a Cop, Toys for Town,
Christmas in the Village, there are a lot of events going on, so follow the Farmington
Community Education website at https://farmington.ce.eleyo.com, the School District
website at http://www.farmington.k12.mn.us and the City of Farmington website at
https://www.farmingtonmn.gov. There is a lot going on between now and the end of the
year.
As we get into the holiday season, it’s a stark reminder of how many people are in
need. We have heard great stories about residents stepping up for Halloween, the
Food Drive, 360 Communities, the Farmington Food Shelf, Toys for Town, and all of
our churches and organizations. There are so many different ways that you can give
back and contribute to the community and its residents. Do everything you can to help
support your fellow residents and help continue to make Farmington an amazing
community to live in.
Page 18 of 86
Regular City Council Meeting Minutes of November 6, 2023 Page 6 of 6
We have Patriotic Day on Thursday, which is a free community meal. Starts at 5
p.m. at the High School, no registration required, and no need to be a Veteran – just
come on in. This is a great community event to take part in and pay appreciation to our
Veterans. It’s always the week of Veterans Day.
14. ADJOURNMENT
Motion was made by Councilmember Porter and seconded by Councilmember Wilson
to adjourn the meeting at 7:25 p.m.
Motion carried: 4 ayes / 0 nays.
Respectfully submitted,
Shirley R Buecksler
City Clerk
Page 19 of 86
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Josh Lawrenz, Building Official
Department:Community Development
Subject:Contract Between the City of Farmington and Beaver Creek Companies Inc for
Septic System Permitting and Inspection Services
Meeting:Regular Council - Nov 20 2023
INTRODUCTION:
Proposed contract agreement between the City of Farmington and Beaver Creek Companies Inc. to
continue to provide Septic System permitting and inspection services to the City of Farmington.
DISCUSSION:
Each city and township in Dakota County is responsible for their own administration, permitting,
inspections and enforcement of their septic ordinance and program. Inspections performed require
licensure through the Minnesota Pollution Control Agency (MPCA) as a Septic Inspector; this
licensure/training we do not have internally.
The City of Farmington, in most recent years, has contracted these services out to Gilmer
Excavating. Darrel Gilmer recently provided a 30-day notice of retirement; at which time he
recommended Mark Ceminsky with Beaver Creek Companies Inc. to continue to provide septic
system permitting and inspection services to the City of Farmington.
Mark Ceminsky was trained by Gilmer Excavating, has access to his septic paperwork/records and
is aligned to provide the required services to the City of Farmington and its residents. A review of
the contract for services, shows an increase of $50 as compared to the previous fees being paid
after the completion of all reviews, inspections, reports and work associated with issuance of a
septic permit.
In preparation for this increase, the fee schedule was previously increased, and the budget/fee
schedule is positioned to handle the increased costs.
BUDGET IMPACT:
None
ACTION REQUESTED:
Approve the contract between the City of Farmington and Beaver Creek Companies Inc. (Mark
Ceminsky) and authorize the execution of the agreement.
Page 20 of 86
ATTACHMENTS:
CONTRACT FOR SEPTIC INSPECTION SERVICES
Page 21 of 86
228645v1
CONTRACT FOR SEPTIC INSPECTION SERVICES
This agreement is made and entered into between City of Farmington, Dakota County,
Minnesota, 55024, a public corporation hereinafter referred to as “City”, and Beaver Creek, Inc.
7226 235th Street West, Farmington, Minnesota 55024, hereinafter referred to as “Contractor”.
In consideration of the mutual promises and agreements hereinafter set forth, and intending to
be legally bound, the parties do hereby agree as follows:
1. Services(s) Provided. Contractor agrees to perform the following services according to the
following terms and conditions:
A. Provide inspection services related to the enforcement of City septic ordinances as
established by the Minnesota Pollution Control Agency and implemented by Dakota
County Ordinance No. 113 – Subsurface Sewage Treatment Systems.
B. Establish regular office hours, or provide a cellular telephone number, in order that
City personnel and citizens can readily contact the Contractor.
C. Arrange for a licensed Septic Inspector to perform back-up services in the event the
Contractor in unable to perform the services by any reason including sickness, vacation
or injury. The cost of any such arranged services shall be borne by the Contractor.
D. Responsibilities of Contractor:
(i) Provide evidence of valid and current licensing from the Minnesota Pollution
Control Agency as a Septic Inspector.
(ii) Maintain said licensing throughout the term of the Contract.
(iii) Perform all pre-construction site plan reviews for compliance with septic
codes and zoning ordinance.
(iv) Perform all on-site septic inspections requires.
(v) Provide septic inspection reports and other information for the permanent
records kept by the City.
(vi) Assist in all septic ordinance prosecution with the Contractor’s time, records,
and expert information.
(vii) Provide general septic code information to the citizens of the City as
requested.
(viii) Recommend updating of septic ordinances.
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228645v1
(ix) Review and recommend fee schedule changes.
(x) Provide septic system design review and septic system inspection.
(xi) Serve as authority to administer and enforce the septic code and ordinance,
as provided by this agreement.
(xii) Provide the City with such reports as reasonably requested by the City.
(xiii) Calculate permit fees pursuant to the Cities fee schedule.
(xiv) Analyze trends in septic design and techniques, highlight problem areas
with recommendations of solutions, and provide recommendations for process
and or policy changes.
E. Administrative Procedures:
(i) The Contractor reviews the zoning requirements and site plan including
building size, location, and use.
(ii) The Contractor reviews septic design and site plan for conformance with the
City’s ordinances and approves, modifies, or rejects the same.
(iii) When the plan is consistent with all local requirements, the applicants’
septic/plumbing contractor is responsible for the application and all permit fees
and associated state surcharge.
(iv) The Contractor performs all required inspections and notifies the City of any
violations and completion.
F. Administrative Responsibilities. The daily administration of Contractor services shall
be under the sole direction of the Contractor. The degree of services rendered, the
standard of performance and other matters relating to regulations and policies shall
remain under the control of the Contractor. Headquarters for the services rendered to
the City shall be located at the City Hall. The Contractor shall submit to the City a
monthly report of services rendered and charges due, as well as periodic suggestions
regarding other matters related to the inspection services.
G. Files and Records. All completed septic permits files and all official copies of
correspondence, inspection reports, plans and other matters connected with the file
shall be maintained at City Hall.
H. Communication, Equipment and Supplies. The Contractor shall provide all necessary
equipment, vehicles, and supplies.
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228645v1
2. Performance and Specifications. Contractor shall perform all services directly or indirectly
under the Agreement in a manner consistent with industry standards and according to the
specifications and performance standards established by City, if any. Contractor warrants that it
has the necessary equipment to provide the services required by this Agreement. All materials
used or supplied under this Agreement shall be of first quality and meet the specifications
established by City, if any. This Agreement is not exclusive and the City may obtain the same or
similar services outside of this Agreement.
3. Term. The service(s) called for by this Agreement shall commence on _______________ and
shall end on ___________________, with an automatic two-year renewal.
4. Insurance. Contractor shall maintain during the entire term of this Agreement the following
insurances with at least the indicated amounts of coverage and provide City a certificate of
insurance showing such coverages before providing any service sunder this Agreement: (1)
Commercial general liability insurance coverage with a policy limit. Of at least $1,500,000.00
per occurrence; (2) Business automobile liability coverage with a total liability limits of at least
$500,000.00; and (3) Worker’s compensation insurance. If Contractor is not required by law to
carry workers’ compensation insurance, in place of proof of workers’ compensation insurance
Contractor may provide a written statement verifying the exemption.
5. Indemnification, Hold Harmless, and Defend. Any and all claims that arise or may arise
against Contractor, its agents, servants, or employees because of any act or omission on the
part of the Contractor or its agents, servants, or employees while engaged in the performance
of the Agreement shall in no way be the obligation or responsibility of the City. Contractor shall
indemnify, hold harmless, and defend the City, its officers, agents and employees against any
and all liability, loss, costs, damages, expenses, claims or actions, including attorney fees which
the City, its officers, agents, or employees may hereafter sustain, incur, or be required to pay,
arising out of or by reason of any act of omission of Contractor, its agents, servants or
employees, in the execution, performance, or failure to adequately perform Contractor’s
obligations pursuant to the Agreement. Nothing in the Agreement shall constitute a waiver by
the City of any statutory limits or immunities from liability.
6. [Reserved]
7. Independent Contractor. Contractor acknowledges and agrees that it is an independent
Contractor and that nothing herein shall be construed to create the relationship of employer
and employee between City and Contractor. No employee-related withholdings or deductions
shall be made from payments due Contractor. Contractor shall not be entitled to receive any
benefits from City and shall not be eligible for workers’ compensation or unemployment
benefits. Contractor shall at all times be free to exercise initiative, judgment, and discretion in
how best to perform or provide the services identified herein.
8. Payment. No claim for payment by Contractor shall be paid unless it is detailed and
otherwise in compliance with the claim requirements of Minn. Stat. §§ 471.38; 471.391; and
any other applicable law. Before paying a claim that involved the use of materials or labor
supplied by someone other than the Contractor, the City may require Contractor to supply
Page 24 of 86
228645v1
proof of a payment for such materials and labor. Payment(s) to Contractor for services provided
under this Agreement shall be as follows:
A. The Contractor will provide a second soil verification confirming that the soil(s) in the
area of the proposed septic system drain field are acceptable. This service shall be
provided by the Contractor to the permit applicant or his/her agent. The cost of this
service shall be $200.00. The cost of this service shall be paid directly to the Contractor
by the permit applicant or his/her agent. The City shall not be responsible for the cost of
this service.
B. The applicants septic/plumbing contractor is responsible for the application and all
permit fees and associated state surcharge. After the permit fee is in the possession of
the City and the Contractor has filed a final report on the septic system installation
covered by the permit, the City shall pay the Contractor the amount of $250.00 for all
normal reviews, inspections, and other work associated with the permit.
C. In the event that delays or problems caused by the permit application or his/her
agent require extra inspections by the Contractor, the Contractor shall charge the
permit applicant or his/her agent and additional amount of $85.00 per extra inspection.
The cost of extra inspections shall be paid directly to the Contractor by the permit
applicant or his/her agent. The City shall not be responsible for the cost of extra
inspections.
D. The Contractor shall be responsible to provide all drawings and other materials
required to be filed with the County for each permit.
E. Contractor agrees to appear at City Council meetings when requested, up to two
times per year, at no additional cost. Additional requests will be charged at hourly rate
of $85.00.
9. Default. The occurrence of any of the following shall constitute default by Contractor and, if
not corrected within 30 days of City providing Contractor notice of the default, shall allow City
to terminate the Agreement: (1) failure to adequately perform or deliver the required service;
(2) failure to follow the specifications or standards established by this Agreement; (3) failure to
perform or complete the services in a timely fashion as established by the City; (4) if applicable,
failure to provide the required bonds or other security acceptable to City before starting any
work; (5) bankruptcy; (6) making a material misrepresentation; (7) persistently disregard laws,
ordinances, rules, regulations or orders of any public authority having jurisdiction; (8) failure to
make satisfactory progress towards completion of this Agreement; or (9) failure to perform any
other material provision of this Agreement. City may lawfully terminate the Agreement if, after
providing Contractor 30 days’ notice of the default, Contractor does not correct the situation.
Upon default of this Agreement by Contractor, City may withhold any payment due Contractor
for purposes of set-off until such time as the exact amount of damages due is determined. Such
withholding shall not constitute default or failure to perform on the part of City.
Page 25 of 86
228645v1
10. Remedies. Default or breach of this Agreement by Contractor shall entitle City to seek
remedies under law and as provided by this Agreement. In the event this Agreement is
terminated by reason of default by Contractor, City may recover the necessary costs of
termination, including but not limited to, administrative, attorneys fees and legal costs. If
Contract fails to meet any performance deadlines established by this Agreement, or fails to
perform in accordance with the specification, terms, and conditions of this Agreement, City
shall have the right to purchase the services and materials from other sources on the open
market or top purchase those items necessary to continue functioning until delivery from
Contractor is complete. City may deduct damages from any money due or coming due to
Contractor the differences between Contractor’s price and the higher price or the costs of
temporary items. City may require Contractor, at Contractor’s sole expense, to re-perform any
items of work provided for in this Agreement that do not meet the established specifications,
standards, or City directives.
Any remedies available to City are cumulative and not exclusive. The seeking or exercising by
City of a remedy does not waive its right to seek or exercise any other remedy available to it at
law, in equity, by statute, or under this Agreement.
11. 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 City and
Contractor.
12. Termination. City may terminate this Agreement, with or without cause, upon 30 days
written notice.
13. Legal Compliance. Contractor shall abide by all federal, state, or local laws, statutes,
ordinances, rules, and regulations now in effect or hereinafter adopted pertaining to this
Agreement Contractor shall procure, at Contractor’s expense, all permits, licenses, or other
rights required for the provisions of the services contemplated by this Agreement. Any violation
of federal, state, or local laws, statutes, ordinances, rules or regulations, as well as loss of any
applicable license, permit, or certifications by Contractor shall constitute a material breach of
this Agreement, regardless of the reason and whether or not intentional, and shall entitle City
to terminate this Agreement effective as of the date of such violation, failure or loss.
14. Subcontracting and Assignment. Contractor shall not enter into any subcontract for
performance of any services contemplated under this Agreement nor assign any interest in the
Agreement without the prior written approval of City and subject to such conditions and
provisions as City may deem necessary or desirable in its sole discretion. If City permits the use
of subcontractors, no subcontractor may perform any work under this Agreement without first
providing City certificates of insurance showing all of the coverages required in Section 4 of this
Agreement. Contractor shall be responsible for the performance of all subcontractors.
Contractor shall pay the subcontractors for undisputed services provided by them within 30
days of receiving payment from the City.
15. Minnesota Law Governs. This Agreement shall be governed by and construed in accordance
with the substantive and procedural laws of the State of Minnesota, without giving effect to the
Page 26 of 86
228645v1
principles of conflict of laws. All proceedings related to this Agreement shall be venued in
Dakota County, State of Minnesota.
16. Severability. The provisions of this Agreement shall be deemed severable. If any part of this
Agreement is rendered void, invalid or otherwise unenforceable, such rendering shall not affect
that validity and enforceability of the remainder of this Agreement.
17.Data Practices. Contractor agrees to abide by the applicable provisions of the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, and all other applicable state
or federal rules, regulations, or orders pertaining to privacy or confidentiality.
18.Official Notices. All notices shall be in writing and considered to have been duly given if sent
by first class certified mail or delivered to the address as set forth below:
To Contractor: [Insert Preferred Address]
To City:
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year shown.
CITY CONTRACTOR
City of Farmington. By: _________________________________
Print Name and Title
By: ________________________________ ____________________________________
Mayor Joshua Hoyt Signature
Date: ______________________________ Date: _______________________________
Attest: _____________________________
Shirley R Buecksler, City Clerk
Page 27 of 86
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Kim Sommerland, Finance Director
Department:Finance
Subject:Payment of Claims
Meeting:Regular Council - Nov 20 2023
INTRODUCTION:
Attached is the list of check and electronic payments for the period of 11/01/2023-11/14/2023 for
approval.
DISCUSSION:
Not applicable
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Approve payment of claims.
ATTACHMENTS:
City Claims Report 11 20 2023
Page 28 of 86
CLAIMS FOR APPROVAL 11/1/2023 ‐ 11/14/2023:
CHECK PAYMENTS 328,569.76$
ELECTRONIC PAYMENTS 476,847.41$
TOTAL 805,417.17$
The City Council receives a detail list of claims paid that is available to
the public upon request.
CITY OF FARMINGTON
SUMMARY PAYMENT OF CLAIMS
November 20, 2023
Page 29 of 86
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Julie Flaten, Asst City Admin/HR Director
Department:HR
Subject:Staff Recommendations and Changes
Meeting:Regular Council - Nov 20 2023
INTRODUCTION:
Approve the appointment of Mason Eby, Layne Johnson, William Lally, Lauren Lansig, Ayden
Perkinson, Haley Rentz, and Brandon Tande as seasonal Warming House Attendants.
DISCUSSION:
All appointments will be contingent upon the successful completion of a background check.
BUDGET IMPACT:
Wages are included in the adopted budget.
ACTION REQUESTED:
Approve the appointment of Mason Eby, Layne Johnson, William Lally, Lauren Lansig, Ayden
Perkinson, Haley Rentz, and Brandon Tande as seasonal Warming House Attendants.
Page 30 of 86
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Peter Gilbertson, IT Director
Department:IT
Subject:Lease Renewal - City Hall Postage Meter System
Meeting:Regular Council - Nov 20 2023
INTRODUCTION:
The City Hall postage meter lease is up for renewal.
DISCUSSION:
The existing lease with American Mailing Machines is up for renewal. City Hall will receive a newer
generation of the same model we currently utilize. This will offer real-time postage balance updates
and sync new amendments to postage costs without user intervention.
The lease was reviewed by the City Attorney, and American Mailing Machines accepted the
recommended changes to the lease.
The City has had a good relationship with this vendor and their product. It is recommended we
continue leasing through them.
BUDGET IMPACT:
Funding is allotted in the 2024 Administration Budget.
Current Monthly Cost: $217.85
New Monthly Cost: $219.85
ACTION REQUESTED:
City Staff request Mayor and Council approve and sign new lease contract.
ATTACHMENTS:
American_Mailing_Machines_Contract
American_Mailing_Machines_Amendment
Page 31 of 86
AGREEMENT
F?“
GREATAMERICA FINANCIALSERVICES CORPORATION
625 FIRST STREET SE,CEDAR RAPIDS IA 52401
PO BOX 609,CEDAR RAPIDS IA 52406-0609
AGREEMENT NO.:
CUSTOMER (“YOU”OR “YOUR”)
FULL LEGALNAME:City of Farmington
ADDRESS:430 Third Street Farmin
VENDOR (VENDOR IS NOT OUR AGENT AND IS NOT AUTHORIZED BY US TO ACT ON OUR BEHALF OR TO WAIVE OR ALTER ANY PROVISION OF THIS AGREEMENT)
ton,Mn.55024
American Mailin Machines Burnsville,MN
EQUIPMENT AND PAYMENTTERMS ‘
TYPE,MAKE,MODEL NUMBER,SERIAL NUMBER,AND INCLUDEDACCESSORIES CI SEE ATTACHED SCHEDULE
1 FP PoStBaSe Vision Automatic postage System
EQUIPMENT LOCATION:As Stated Above
TERM IN MONTHS:63
SECURITY DEPOSIT:O
AGREEMENT.You want us to nowpay your Vendorfor the equipmentand/or softwarereferencedherein
(“Equipment”)and the amountsyour Vendor includedon the invoiceto us for the Equipmentfor related
installation,training,and/or implementationcosts,and you unconditionallyagree to pay us the amounts
payableunderthe termsof this agreement(“Agreement”)each periodby the due date.ThisAgreementwill
beginon the date the Equipmentis deliveredto you or any laterdate we designate.We maycharge you a
one—timeoriginationfee of $125.00.Ifwe do not receiveby the due date,at the remittanceaddress indicated
on yourinvoice,any amountpayableto us,you willpay a latechargeequalto:1)the greaterof ten (10)cents
for each dollaroverdueor twenty—sixdollars($26.00);or 2)the highestlawfulcharge,if less.Anysecurity
depositwillbe returneduponfullperformance.
NETAGREEMENT.THISAGREEMENTIS NON-CANCELABLEFORTHEENTIREAGREEMENTTERM.
YOU UNDERSTANDWE ARE PAYINGFOR THEEQUIPMENTBASEDON YOURUNCONDITIONAL
ACCEPTANCEOF ITANDYOURPROMISETO PAY US UNDERTHETERMSOF THISAGREEMENT,
WITHOUTSET-OFFSFOR ANYREASON,EVENIF THE EQUIPMENTDOES NOT WORKOR IS
DAMAGED,EVENIFITIS NOTYOURFAULT.E
EQUIPMENTUSE.You willkeep the Equipmentin good workingorder,use it for business purposesonly,
and not modifyor moveit fromits initiallocationwithoutour consent.You mustresolveany disputeyou may
have concerningthe Equipmentwiththe manufactureror Vendor.Payments under this Agreementmay
includeamountsyou owe yourVendorunder a separate arrangement(for maintenance,service,supplies,
etc.),whichamountsmaybe invoicedby us on yourVendor’sbehalfforyourconvenience.
POSTAGEDEVICES.Postagemeasurementdevicesreferencedhereinwhichare subjectto a rentalagreement
betweenyouand FP MailingSolutions,Inc.(“FP”)are notpartofthe Equipmentandyouruse andtheownershipof
suchdeviceswillbe governedexclusivelybyyourrentalagreementwithFP.Youwillneedto referenceyourrental
agreementwithFPforthetermof,andyourrightsandobligationsunder,therentalagreement.Foryourconvenience,
paymentsunderthisAgreementmayincludetherentalamountsyouoweFPundertherentalagreement.
SOFTWAREIDATA.Exceptas providedin this paragraph,referencesto “Equipment”includeany software
referencedaboveor installedon the Equipment.We do notownthe softwareand cannottransferany interest
in itto you.We are notresponsibleforthe softwareor the obligationsof youor the licensorunderany license
agreement.You are solelyresponsiblefor protectingand removingany con?dentialdata/imagesstored on
the Equipmentpriorto its returnforany reason.
NOWARRANTY.WE MAKENOWARRANTIES,EXPRESSOR IMPLIED,INCLUDINGWARRANTIESOF
MERCHANTABILITYOR FITNESSFOR A PARTICULARPURPOSE.YOU HAVEACCEPTEDTHE
EQUIPMENT“AS-|S”.YOU CHOSE THE EQUIPMENT,THE VENDORAND ANYIALLSERVICE
PROVIDER(S)BASEDONYOURJUDGMENT.YOUMAYCONTACTYOURVENDORFORA STATEMENT
OF THEWARRANTIES,IFANY,THATTHEMANUFACTURERORVENDORIS PROVIDING.WEASSIGN
TOYOUANYWARRANTIESGNENTOUS.
ASSIGNMENT.You may not sell,assign or sublease the Equipmentor this Agreementwithoutour written
consent.We maysellor assignthisAgreementor our rightsin the Equipment,in wholeor in part,to a third
partywithoutnoticeto you.You agree that ifwe do so,the assignee willhave our rightsbutwillnotbe subject
to any claim,defense,or set-offassertableagainstus or anyoneelse.
LAWIFORUM.ThisAgreementand any claimrelatedto this Agreementwillbe governedby Iowalaw.Any
disputewillbe adjudicatedin a state or federal courtlocatedin LinnCounty,Iowa.You consentto personal
jurisdictionandvenueinsuchcourtsandwaivetransferof venue.Eachpartywaivesany rightto ajury trial.
TAXES.We ownthe Equipment.You willpay whendue,eitherdirectlyor by reimbursingus,all taxes and
fees relatingto the Equipmentand thisAgreement.Sales or use tax due upfrontwillbe payableoverthe term
witha ?nancecharge.
OWNER (“WE”,“US”,“OUR”)
MONTHLY PAYMENT AMOUNT*:§219.85
ADDITIONAL TERMS AND CONDITIONS
(*PLUS TAX)
PURCHASE OPTlON*:Fair Market Value
INSURANCE.You agree to maintaincommercialgeneral liabilityinsuranceacceptableto us.You also
agree to:1)keep the Equipmentfullyinsuredagainstloss at its replacementcost,withus namedas loss
payee;and 2)provide proof of insurance satisfactoryto us no later than 30 days followingthe
commencementof thisAgreement,and thereafteruponourwrittenrequest.Ifyoufailto maintainproperty
loss insurancesatisfactoryto us and/oryou failto timelyprovideproofof such insurance,we have the
option,but not the obligation,to secure propertyloss insuranceon the Equipmentfrom a carrierof our
choosingin such forms and amounts as we deem reasonableto protect our interests.If we secure
insuranceon the Equipment,we willnot name you as an insuredparty,yourinterestsmay not be fully
protected,and youwillreimburseus the premiumwhichmaybe higherthanthe premiumyouwouldpay if
you obtainedinsurance,and whichmayresultin a pro?tto us throughan investmentin reinsurance.Ifyou
are currentin all of your obligationsunderthe Agreementat the time of loss,any insuranceproceeds
receivedwillbe applied,at our option,to repairor replacethe Equipment,or to pay us the remaining
paymentsdue or to becomedue underthisAgreement,plusour bookedresidual,bothdiscountedat 3%
per annum.
LOSSOR DAMAGE.You are responsiblefor any damageto or loss of the Equipment.Nosuch loss or
damagewillrelieveyoufromyourpaymentobligationshereunder.We are not responsiblefor,andyouwill
indemnifyus against,any claims,losses or damages,includingattorneyfees,in any way relatingto the
Equipmentor data stored on it.Thisindemnitywillsurvivethe expirationof this Agreement.In no event
willwe be liableforany consequentialor indirectdamages.
ENDOF TERM..At the end of the term of this Agreement(or any renewalterm)(the “EndDate”),this
Agreementwillrenewmonthto monthunlessa)we receivewrittennoticefromyou,at least 60 days prior
to the End Date,of your intentto returnthe Equipment,and b)you timelyreturnthe Equipmentto the
locationdesignatedby us,at yourexpense.Ifa PurchaseOptionis indicatedabove and you are not in
defaulton the EndDate,youmaypurchasethe Equipmentfromus “ASIS’’forthe PurchaseOptionprice.
Ifthe returnedEquipmentis not immediatelyavailablefor use by anotherwithoutneed of repair,you will
reimburseus for all repaircosts.Youcannotpay offthisAgreementor returnthe Equipmentpriorto the
EndDatewithoutour consent.Ifwe consent,we maychargeyou,in additionto other amountsowed,an
earlyterminationfee equalto 5%of the amountwe paidforthe Equipment.
DEFAULTIREMEDIES.If a payment becomes 10+days past due,or if you otherwisebreach this
Agreement,you willbe in default,and we may requirethat you return the Equipmentto us at your
expenseand pay us:1)all past due amountsand 2)all remainingpaymentsfor the unexpiredterm,plus
our bookedresidual,discountedat 3%per annum;and we maydisableor repossess the Equipmentand
use all other legal remedies availableto us.You agree to pay all costs and expenses (including
reasonableattorneyfees)we incurinany disputewithyourelatedto thisAgreement.You agree to pay us
intereston allpast due amountsat the rate of 1.5%per month,or at the highestrate allowedby applicable
law,ifless.
UCC.You agree that this Agreementis (and/orshall be treated as)a “FinanceLease”as that term is
de?ned in Article2A of the UniformCommercialCode (“UCC”).You agree to forgo the rights and
remediesprovidedundersections507-522ofArticle2Aofthe UCC.
MISCELLANEOUS.This Agreementis the entire agreement between you and us relatingto the
Equipmentand supersedes any priorrepresentationsor agreements,includingany purchase orders.
Amountspayable under this Agreementmay includea pro?tto us.The parties agree that the original
hereoffor enforcementand perfectionpurposes,and the sole “record”constituting“chattelpaper”under
the UCC,is the papercopy hereofbearing(i)the originalor a copyof eitheryourmanualsignatureor an
electronicallyappliedindicationof your intentto enter intothis Agreement,and (ii)our originalmanual
signature.Ifany provisionof thisAgreementis unenforceable,the otherprovisionshereinshallremainin
fullforceand effectto the fullestextent permittedby law.AnyChangemustbe in writingsigned by each
art .
CUSTOMER’S AUTHORIZED SIGNATURE
THISAGREEMENTIS NON-CANCELABLEFORTHEFULLAGREEMENTTERM.THISAGREEMENTIS BINDINGWHENWEEXECUTETHISAGREEMENTANDPAYFORTHEEQUIPMENT.
OWNER:GreatAmeriCa Financial Services Corporation
SIGNATURE:DATE
PRINT NAME &TITLE:
CERTIFICATE OF DELIVERY AND ACCEPTANCE
SIGNATURE:X
003247-ZGFP01(TL)_0510 04/12/23
CUSTOMER:AS Stated Above _
TheCustomerherebycerti?esthatallthe Equipment:1)has been received,installed,and inspected,an2)is fullyoperationaland unconditionallyaccepted.
NAMEAND TITLE:DATE:
135
Page 32 of 86
9 FP MailingSolutions
140N.MitchellCt,Ste 200
Addison,IL 60101-5629
Tel:(800)341-6052CustomerAgreementwvvw-in-neeueenn
CUSTOMERINFORMATION
Tel:651-280-6800
De|iverTo:CI Dealer El Customer FulfilledfromDealerlnventory
ContactName:
Cl ExistingCustomersOnly:checkboxifBillingAddresshas changed.Cl ExistingCustomersOnly:checkboxifShipping&InstallAddresshas changed.
RENTALINFORMATION
ennnnnvC
1
1
1
—
‘—:
—Me1er1ne1unen in GAL nevrnenn—
Shipping&InstallationAddress (ifdifferentthanBilling)
Customer:
Department:
Street:
m.><.
E-mail:
——none'1ePevmen1°P11°nnne1se1enenin
Term of Contract:53 months*Total MonthlyPayment Wmdefaultto QuarterlyPaper Billing"
Termsand Conditions:Bysigningbelow,I herebyacknowledgeand agreethat FP's standardshippingrates and the additionaltermsand conditionsavailableon the FP websiteat
www.fp-usa.com/terms-conditionsareapplicableto,and incorporatedby referenceinto,thisagreement.(Ifyou do nothave accessto the internet,pleasecontactFP directlyat
800.341.6052and we willprovideyou witha copyforyourrecords.)*36 MonthInitialTermwillapplyunlessothenii/iseindicatedabove.
CUSTOMERACCEPTANCElease comlete all?elds
oeaier#:7010
Adm.12223 Wood Lake Dr.Burnsville,Mn.55337
Fax:
j Sales RepresentativeName:John Hoffman
Semi“DealerName.American Mailing Machines SW,‘Dea.e,#;7010
DEALER&INTERNALUSEONLY
C]NewCustomer
I
LeaseCompany:GAL '
PromoCode:
Upgrade/ModelChange U_MajorAcwunt:PackageCode:PV5L
D Renewal(nochangeof equipment)El GSA/StateContractNo.:El Priceor TermsExceptionApproval(FormAttached)
El CoterminousAdd-On:MasterBillingAcct.No.2 -E]USPS®Location:(cPuLetterAttached)
El Changeof Ownership MasterPostageAcct.No.2 'Tax-Exempt(Certi?cateAttached)
ExistingAccountNo.:600079740 0
0
FM_MG_RENTAGR__12 Page 1 revised4/3/2018Page 33 of 86
E AMERICAN
E ui ment MaintenanceA reement
Company:City of Farmington
Street 1
Instan
Address;Farmington,Mn.55024 Address:
Serial Number BillingTerms Cost per Term
muster::
Equipment Maintenance Agreement includes Parts,Labor,Training,Phone and on—siteservice (7 county metro area)(see page 2 :Terms of Agreement").Equipment
Maintenance Agreement does not include negligence or consumables(see page 2"Terms of Agreement").The terms and conditions shown on both page 1 and page 2 of this
agreement are complete and exclusive statement of our agreement to service.Commencement date of this agreement shall be the installation date of the equipment.
Special Provisions:All maintenance provided for attached GAL lease term.
Customer
—
—PoNumber=—
American Mailing Acceptance
Account executive:IEM7@
Account Executive Signature:
I
American Mailing Machines,Inc.
12223 Wood Lake Dr
Burnsville,MN 55337 Page 34 of 86
GOVERNMENTAL ENTITIES ADDENDUM
This is an addendum (“Addendum”)to and part of that certain agreement between GreatAmerica Financial
Services Corporation (“we”,“us”,“our”)and City of Farmington (“Governmental Entity”,"you",“your”),which
agreement is identified in our records as agreement number (“Agreement”).All capitalized terms used in
this Addendum which are not defined herein shall have the meanings given to such terms in the Agreement.
APPLICABLE TO GOVERNMENTAL ENTITIES ONLY
You hereby represent and warrant to us that as of the date of the Agreement:(a)the individual who
executed the Agreement had full power and authority to execute the Agreement on your behalf;(b)all required
procedures necessary to make the Agreement a legal and binding obligation against you have been followed;(c)
the Equipment will be operated and controlled by you and will be used for essential government purposes for the
entire term of the Agreement;(d)that all payments due and payable for the current fiscal year are within the
current budget and are within an available,unexhausted,and unencumbered appropriation;(e)you intend to pay
all amounts payable under the terms of the Agreement when due,if funds are legally available to do so;(f)your
obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable
state law;(g)no provision of the Agreement constitutes a pledge of your tax or general revenues;and (h)you will
comply with any applicable information reporting requirements of the tax code,which may include 8038-G or
8038—GC Information Returns.If funds are not appropriated to pay amounts due under the Agreement for any
future fiscal period,you shall have the right to return the Equipment and terminate the Agreement on the last day
of the fiscal period for which funds were available,without penalty or additional expense to you (other than the
expense of returning the Equipment to the location designated by us),provided that at least thirty (30)days prior
to the start of the fiscal period for which funds were not appropriated,your Chief Executive Officer (or Legal
Counsel)delivers to us a certificate (or opinion)certifying that (a)you are a state or a fully constituted political
subdivision or agency of the state in which you are located;(b)funds have not been appropriated for the
applicable fiscal period to pay amounts due under the Agreement;(c)such non-appropriation did not result from
any act or failure to act by you;and (d)you have exhausted all funds legally available for the payment of amounts
due under the Agreement.You agree that this paragraph shall only apply if,and to the extent that,state law
precludes you from entering into the Agreement if the Agreement constitutes a multi-year unconditional payment
obligation.If and to the extent that the items financed under the Agreement is/are software,the above-referenced
certificate shall also include certification that the software is no longer being used by you as of the termination
date.
The undersigned,as a representative of the Governmental Entity,agrees that this Addendum is made a part of
the Agreement.
GOVERNMENTAL CERTIFICATE
,
I,THEUNDERSIGNED,HEREBYCERTIFYTHAT,AS OFTHEDATEOFTHEAGREEMENT,(A)THEINDIVIDUALWHOEXECUTEDTHEAGREEMENTHADFULLPOWER
ANDAUTHORITYTO EXECUTETHE AGREEMENTAND(B)THE REPRESENTATIONSSET FORTHABOVEIN THE PARAGRAPHTITLED“APPLICABLETO
GOVERNMENTALENTITIESONLY”ARETRUEADACURATEINALLMATERIALRESPECTS.
SIGNATUR ,,__...M.._.__
,
OUR SIGNATURE
GreatAmerica Financial Services Corporation
SIGNATURE PRINT NAME &TITLE DATE
VGO7NAMC_O818
Page 35 of 86
CityofFarmington.1935262.00281551.03.ev.Docu.doc PAGE 1 OF 1
DocTypeAmendment Amendment
OnBaseOriginal
This Amendment amends that certain agreement by and between GreatAmerica Financial Services Corporation (“Owner") and City of
Farmington ("Customer") which agreement is identified in the Owner’s internal books and records as Agreement No. 1935262 (the
"Agreement"). All capitalized terms used in this Amendment, which are not otherwise defined herein, shall have the meanings given to
such terms in the Agreement. Owner and Customer have mutually agreed that the following modifications be made to the Agreement.
1.The sentences in the section entitled “LAW/FORUM” which read “This Agreement and any claim related to this Agreement
will be governed by Iowa law. Any dispute will be adjudicated in a state or federal court located in Linn County, Iowa ,” are
hereby deleted and replaced with the following:
“This Agreement and any claim related to this Agreement will be governed by Minnesota law. Any dispute will be
adjudicated in a state or federal court located in Dakota County, Minnesota.”
2.The sentences in the section entitled “LOSS OR DAMAGE” which read “We are not responsible for, and you will indemnify
us against, any claims, losses or damages, including attorney fees, in any way relating to the Equipment or data stored on
it,” are hereby deleted and replaced with the following:
“We are not responsible for any claims, losses or damages, including attorney fees, in any way relating to the
Equipment or data stored on it.”
3.The following sentences are hereby deleted from the section entitled “INSURANCE”:
“If we secure insurance on the Equipment, we will not name you as an insured party, your interests may not be fully
protected, and you will reimburse us the premium which may be higher than the premium you would pay if you
obtained insurance, and which may result in a profit to us through an investment in reinsurance. If you are current
in all of your obligations under the Agreement at the time of loss, any insurance proceeds received will be applied,
at our option, to repair or replace the Equipment, or to pay us the remaining payments due or to become due under
this Agreement, plus our booked residual, both discounted at 3% per annum.”
4.The sentences in the section entitled “DEFAULT/REMEDIES” which read “If a payment becomes 10+ days past due, or if
you otherwise breach this Agreement, you will be in default, and we may require that you return the Equipment to us at your
expense and pay us: 1) all past due amounts and 2) all remaining payments for the unexpired term, plus our booked
residual, discounted at 3% per annum; and we may disable or repossess the Equipment and use all other legal remedies
available to us,” are hereby deleted and replaced with the following:
“If a payment becomes 20+ days past due, or if you otherwise breach this Agreement, you will be in default, and
we may require that you return the Equipment to us at your expense and pay us: 1) all past due amounts and 2) all
remaining payments for the unexpired term, plus our booked residual, discounted at 3% per annum; and we may
disable or repossess the Equipment and use all other legal remedies available to us .”
Except as specifically modified by this Amendment, all other terms and conditions of the Agreement remain in full force and e ffect. If,
and to the extent there is a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this
Amendment shall control. This Amendment is not binding until accepted by Owner. The parties agree that the original hereof for
enforcement and perfection purposes, and the sole “record” constituting “chattel paper” under the UCC, is either (a) the paper copy
hereof bearing (i) the original or a copy of either your manual signature or an electronically applied indication of your int ent to enter into
this Amendment, and (ii) our original manual signature or (b) the copy of this Amendment executed by the parties and controlle d by us
or our assignee or custodian in accordance with the Electronic Signatures in Global and National Commerce Act or any simila r state
laws based on the Uniform Electronic Transactions Act and other applicable law as electronic chattel paper under the UCC. Upo n
execution, the parties agree to be bound to the terms hereof regardless of the medium or format in which this Amendment i s maintained
or controlled.
CUSTOMER’S AUTHORIZED SIGNATURE
(As Stated Above) X LesseeSignature LesseeName LesseeTitle LesseeDate
CUSTOMER SIGNATURE PRINT NAME & TITLE DATE
OWNER’S SIGNATURE
GreatAmerica Financial
Services Corporation X GASignature GAName GATitle GADATE
OWNER SIGNATURE PRINT NAME & TITLE DATE ACCEPTED
Page 36 of 86
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Peter Gilbertson, IT Director
Department:IT
Subject:New Copier Leases - Xerox
Meeting:Regular Council - Nov 20 2023
INTRODUCTION:
After a thorough evaluation process that involved obtaining bids from three reputable vendors, City
IT Staff would like to propose the City of Farmington transition to a new copier lease agreement
with Xerox from our current vendor Ricoh. This transition will encompass refreshing our copier fleet,
integrating Printix software, and procuring two plotters—one for Building Inspections and the
second for the Rambling River Center.
DISCUSSION:
The decision to partner with Xerox was made based on careful consideration and extensive
negotiations. Xerox is known for its commitment to providing high-quality equipment, outstanding
customer support, and a cost-effective solution that aligns with our organization's goals and budget.
Due to the misalignment in the expiration dates of the two leases with Ricoh held by the City, Xerox
will compensate the City of Farmington with the designated buyout amount for the remaining
duration existing our from exit City's the facilitate payment This leases. Ricoh our of will
agreements.
With Xerox's new copier lease agreement, these are a few highlights of how this solution will
enhance our office equipment and services:
Xerox Support: All support/ink/toner/parts are included for all machines, including the plotters. This
was not the case with the other bids we received and can be a large hidden cost. Xerox copiers will
automatically order any low toner and place trouble tickets for any issues that arise with a machine.
Xerox support also offers augmented reality, allowing an employee to use their cell phone camera
and have a remote technician walk them through troubleshooting, reducing downtime waiting for a
service call. Their service level agreement is 4 hours for large copiers, next day for the small ones.
In line with our current service support.
Printix Integration: The City will implement new software called Printix, a modern cloud-based
print management solution. This will streamline our print and document management processes,
enhance security, and facilitate better cost control.
Page 37 of 86
Key features of Printix:
Print driver Management
Integration with Office365 Sharepoint and Onedrive for direct scanning.
Employee badge swipe print release and cost center tracking.
Remote printing for mobile and work-from-home users.
Plotters: The City will acquire two plotters to cater to specific departmental needs. While we
currently own two plotters, only one is functional. It is 8 years old and, due to equipment life cycles,
parts are getting harder to come by and more expensive.
For these new plotters, one will be dedicated to Building Inspections, providing the capacity for
large-scale document printing and scanning for construction plans or blueprints.
The second plotter will be stationed at the Rambling River Center Senior Center. This unit will be
capable of larger prints and paper types. This will enable various departments to print high-
resolution banners and signs with vinyl paper stock rated for enduring outdoor/sun exposure.
As an added benefit, the sub-vendor of Xerox leasing the plotters will print anything our new
machines cannot handle at their local shop for the same cost of printing in our lease agreement.
This will provide cost savings as City Staff will no longer have to enlist an outsourced print shop to
handle these items at a premium.
The procurement and installation of these additions will be carefully coordinated by our IT and
Facilities teams to ensure a smooth integration process. Training will be provided by Xerox staff
during the installation for all city staff. All old lease equipment will be returned, and in the case of
the two plotters that we own, we will be credited.
Lease documents have been reviewed by the City Attorney, and Xerox has accepted all the
requested changes.
BUDGET IMPACT:
Costs are in line with the allotted amount in the 2024 Administration budget.
New Lease:
14 Xerox Copiers + Printix Software: $1742
1 Building Inspections Plotter (HP): $310
1 Rambling River Center Plotter (HP): $185
Total Lease Monthly Cost: $2237
Current Spend:
Ricoh Lease - no Plotters or software: $1,836
Ink/Parts/Prof Svc Print Cost (avg): $267
Total Current Monthly Lease Cost: $2103
ACTION REQUESTED:
Page 38 of 86
City Staff request Mayor and Council approve and sign the attached lease contracts.
ATTACHMENTS:
City of Farmington Copy Print Fleet Documents for Authorization November 2023
Page 39 of 86
CEC approved Ver. P1.5.2023 Effective 10/22/2023 Page 1 of 5
Initials
**initials**
Minnesota Office Technology Group, Inc.
(“Company”)
BILL TO SALES & SERVICE AGREEMENT SHIP TO
CUSTOMER NAME CUSTOMER NAME
CITY OF FARMINGTON SEE PRODUCT SCHEDULE
ADDRESS ADDRESS
430 3rd St.SEE PRODUCT SCHEDULE
CITY, STATE ZIP CITY, STATE ZIP
FARMINGTON, MN 55024 SEE PRODUCT SCHEDULE
BILL TO CONTACT PERSON BILL TO PHONE NUMBER BILL TO EMAIL SHIP TO CONTACT PERSON SHIP TO PHONE NUMBER SHIP TO EMAIL
Shelley Beard 651.280.6884 accountspayable@farmingt
onmn.gov Peter Gilbertson 651.280.6815 pgilbertson@farmingtonmn.g
ov
SALESPERSON CUSTOMER PURCHASE ORDER #COMPANY REFERENCE #SERVICE CONTRACT New MPS CONTRACT New
Yarbrough, Thomas 20261918 CONTRACT #CONTRACT #
LEASE PAYMENT SERVICE PAYMENT MPS PAYMENT
$1,742.00 Monthly $0.00 Monthly $0.00 Monthly
TERMS OF PAYMENT: NET TEN (10) DAYS FOR CASH SALE AND ALL OTHER INVOICES NET THIRTY (30) DAYS FROM DATE OF INVOICE
PRODUCTS
QTY MODEL/PRODUCT #LOCATION DESCRIPTION TOTAL PRICE
SEE PRODUCT SCHEDULE (SCHEDULE A)
SUBTOTAL SEE PRODUCT SCHEDULE (SCHEDULE A) SEE TRADE-IN EQUIPMENT / LEASE RETURN FORM
SPECIAL SERVICES FEES
NOTE / ADJUSTMENT DETAILS
The Service/MPS Escalation Rate is 0%.
OTHER ADJUSTMENTS
CONTRACT TYPE EFFECTIVE DATES TRANSACTION TYPE
CASH SALE RENTAL TERM IN MONTHS 60 Months
LEASE MAINTENANCE ONLY PROPOSED START DATE
Actual start date based on delivery
or lease commencement. Lease FMV(SLG)
CONTRACT TERMS NOTES
SERVICE MPS
All parts, labor, drums and supplies; excluding paper and staples
All parts and labor, including drums; excluding supplies, paper, and staples
Includes other (indicate)
CONTRACT RATES INCLUDED IN LEASE PAYMENT SERVICE MPS
POOL #BW VOL.BW OVG. RATE CLR VOL.CLR OVG. RATE CLR XL VOL.CLR XL OVG. RATE PAYMENT BASE FRQNCY OVG. FRQNCY
Service Pool# 1 0 $0.00490 0 $0.04900 n/a n/a $0.00 Monthly Quarterly
MPS 0 $0.01445 0 $0.09900 n/a n/a $0.00 Monthly Quarterly
REMOTE SERVICE TECHNOLOGY XDA/XDM FM AUDIT DECLINE PRIMARY METER CONTACT
TECHNOLOGY CONTACT PERSON TECH PHONE #TECH EMAIL METER CONTACT PERSON METER PHONE #METER EMAIL
Peter Gilbertson 651.280.6815 pgilbertson@farmingtonm
n.gov Annette Hakala 651.280.6819 pgilbertson@farmington
mn.gov
Company will install an app to automatically collect device meters for contract billing and automated supply replenishment.
Company will charge a fee per machine per overage billing cycle should customer decline meter and supply technology app installation.
QTY MODEL / PRODUCT #SOFTWARE & DESCRIPTION SEE SOW FOR DETAILS TOTAL PRICE
SEE PRODUCT SCHEDULE (SCHEDULE A)
CUSTOMER ACCEPTANCE
By executing this agreement, I acknowledge that I have read and understand this agreement and I certify that I am authorized to execute this agreement on behalf of customer.
Authorized signature acknowledges terms / conditions and expiration dates or meter readings. The terms and conditions on the face and reverse side of this agreement correctly set
forth the entire agreement between parties.
AUTHORIZED CUSTOMER SIGNATURE: **signature**TITLE:**title**
SIGNER’S NAME (PRINTED):**fullname**DATE:**datesigned**
COMPANY SALES:**signature2**DATE:**datesigned2**
Page 40 of 86
CEC approved Ver. P1.5.2023 Effective 10/22/2023 Page 2 of 5
Initials
**initials**
Sales and Service Terms and Conditions
1. Definitions. The first page of this Sales Order/Service Agreement is referred to herein as the “Cover Page.” The Cover Page and these Terms and Conditions, along with a listing of additional products on Product
Schedule (if attached), and or any other attachments referenced on the Cover Page represent the agreement (the “Agreement”) between Company and the Customer (“Parties”) as identified on the Cover Page of this
Agreement, with respect to the acquisition of those Products and the Service for such Products. “Products” shall mean the equipment (“Equipment”) and any Software (“Application Software”) identified on the Cover Page
and/or on Product Schedule.
2. Scope. This Agreement may be executed for:
a) A SALE of Products. If a SALE, Company hereby offers to sell/license and Customer hereby accepts to purchase/license those Products in the quantity and for the price indicated on the Cover Page (and/or
Product Schedule). Payment terms are set forth in Section 7, below. Title to the Equipment will transfer to Customer upon delivery; or
b) A LEASE of Products. If a LEASE, Customer will execute a separate lease agreement with a third party lessor which will fund the purchase/license of the Products in the quantity indicated on the Cover Page
(and/or Product Schedule) for the benefit of Customer. The lease will be between Customer and a third-party lessor. Company will not be a party to the lease. Upon execution of a lease agreement between Customer
and third-party lessor, the Customer shall be responsible to lessor to satisfy the terms and conditions of the lease; or
c) A RENTAL of Products. If a RENTAL, Company hereby offers to rent and Customer hereby accepts to pay for those Products in the quantity and for the price indicated on the Cover Page (and/or Product
Schedule). Payment terms are set forth in Section 7, below. Title will remain with the Company throughout the Term as indicated on the Cover Page. Customer agrees to obtain adequate insurance coverage sufficient
to cover the full replacement value of the rental equipment while in Customer’s possession, and to have Company named as the loss payee. Unless otherwise stated in the Cover Page, the rental is non-cancellable for
the stated term.
3. Delivery and Installation. Unless specified otherwise on the Cover Page, the Company shall deliver and install the Products at the location specified by Customer on the Cover Page unless: (1) Customer has not
made available at that address a suitable place of installation as specified by the Company; or (2) Customer has not made available suitable electrical service in accordance with the Underwriter’s Lab (“UL”) or
manufacturer’s requirements. All risk of loss will transfer to the Customer upon delivery. Customer will be responsible for nonstandard delivery charges.
4. Services. This Agreement covers both the labor and materials for adjustments, repairs, and replacement of parts necessitated by normal use of the Equipment. Unless otherwise stated on the Cover Page, Services
do not include the following: (a) repairs due to (i) misuse, neglect, or abuse (including, without limitation, improper voltage or use of supplies that do not conform to the manufacturers’ specifications), (ii) use of options,
accessories, products, supplies not provided by Company; (iii) non-Company alterations, relocation, or service; and/or (iv) loss or damage resulting from accidents, fire, water, or theft; (b) maintenance requested outside
Company’s normal business hours or this Agreement, (c) relocation, (d) software or connected hardware, (e) hard drive replacement, (f) MICR Toner for Laser Printers, and parts and labor for all non-laser printers, and/or
(g) parts for Scanners. Company reserves the right, at its sole discretion, to replace Equipment with Equipment of similar or better conditions and features, rather than providing on-site Service support. Replacement
parts may be new, reprocessed, or recovered. Supplies provided by Company are in accordance with the copy volumes set forth on the Cover Page and within the manufacturer’s stated yields, and do not include staples
or paper. Supplies are to be used exclusively for the Equipment and remain Company property until consumed. Customer will return, or allow Company to retrieve, any unused supplies at the termination or expiration of
this Agreement. Customer is responsible for the cost of excess supplies. Supplies will be shipped to Customer via UPS Ground, or another method selected by Company. Unless otherwise stated herein, Customer will
be billed for shipping, including, but not limited to, UPS Ground, Overnight, and/or Messenger Service per billing period or per shipment based on number of products. Additional fees may be charged for Services
provided outside Company’s standard business hours or for computer/network issues and will be at Company hourly rates in effect at the time of such Services. Equipment may be supported and serviced using data
that is automatically collected by Company from the Equipment via electronic transmission from the Equipment to a secure off-site location. Examples of automatically transmitted data include product registration, meter
read, supply level, Equipment configuration and settings, software version, and problem/fault code data. All such data will be transmitted in a secure manner specified by Company. The automatic data transmission
capability does not permit Company to read, view or download any Customer data, documents or other information residing on or passing through the Equipment or Customer's information management systems. Services
may be delivered by Company’s Affiliates and/or Subcontractors, at Company’s sole discretion. Unless otherwise agreed to in writing, Customer remains solely responsible to secure any sensitive data and permanently
delete such data from the internal media storage prior to removal of Equipment or termination of this Agreement. Company has no obligation to maintain Equipment beyond the “End of Service” for that particular model
of Equipment. End of Service (“EOS”) means the date announced by manufacturer after which Company will no longer offer Services for a particular Equipment model. Company reserves the right to discontinue Service
upon thirty days written notice for any Equipment for which parts and/or Supplies are no longer available, or are not available on commercially reasonable terms.
5. Meter; Electric Services. Equipment is required to be connected to a remote transmission tool, which will periodically communicate meter reads as well as other device diagnostic data and upon which invoices will
be based. If a remote transmission tool is not installed and otherwise upon request, you will provide us, by telephone, email, web submission, or fax with the actual meter readings three days prior to your due date. We
may estimate the number of images used if such meter readings are not communicated to Company. The estimated charge for excess images shall be adjusted upon receipt of actual meter readings. If you are unable
to maintain remote transmission, the Company reserves the right to charge you a per device fee for such affected Equipment due to the increased service visits that will be required in order to: (x) obtain such information,
(y) provide such transmissions and (z) provide such Maintenance Services and Consumable Supplies that otherwise would have been provided remotely and/or proactively. If you elect to not install a remote transmission
tool, the contract is subject to the manual meter collection fee outlined on the Company’s currently published fee schedule. You agree to provide adequate space without charge for the Equipment, adequate electricity
(including, if necessary, a dedicated 110 or 220-volt line), an electrical surge suppressor with a UL-1449 rating or better, and reasonable storage for supplies to be used with the Equipment.
6. Additions and Modifications. If, at any time during the Term, Customer upgrades, modifies, or adds equipment, Customer shall promptly notify Company and provide Company right of first refusal to provide Services
for added equipment. Company maintains the right to inspect any upgrades and modifications to Equipment and/or additional equipment and, in its sole discretion, determine whether equipment is eligible for Services.
If approved for Services, the Agreement will be amended to include such changes, including pricing modifications. All networked devices must be set up with our monitoring app for meters and Supplies. Any devices not
under contract will be added automatically to the account for the listed rate. If our monitoring software is not reporting, the customer must work with us to resolve the issue as soon as possible.
7. Term and Payment. Except as may otherwise be provided for herein, this Agreement is non-cancellable and shall remain in effect throughout the Term; and, unless notified in writing sixty (60) days prior to its
expiration, this Agreement shall automatically renew for 12 months. The Company reserves the right to terminate upon thirty days written notice. In the event the fees herein are included in Customer’s lease payment,
the Term shall run concurrently with the lease agreement and be subject to the renewal provisions provided for therein. The meter count at installation or, in the case of owned printers, at assessment, will be used for
meter/overages calculations. Customer agrees to pay Company all amounts due within thirty days of the date of Company’s invoice or, if the parties have agreed the third-party lessor will collect the service fees due
under this Agreement on behalf of Company, in accordance with the applicable lease agreement, and all other sums when due and payable. Any Monthly Payment entitles Customer to Services and Supplies for a
specific number and type (i.e. black & white, color, scan) of Prints/Copies as identified on the Cover Page and will be billed in advance. In addition, Customer agrees to pay the Overage Rate for each Print/Copy that
exceeds the applicable number and type of Prints/Copies provided in the Minimum Monthly Payment which amount shall be billed in arrears and is payable as indicated on the Cover Page. A Print/Copy is defined as
standard 8.5”x11” copy. No credit will be applied towards unused copies/prints. Customer’s obligation to pay all sums when due shall be absolute and unconditional and is not subject to any abatement, offset, defense
or counterclaim. If any payment is not received by Company within fifteen (15) days of its due date, Company may charge, and Customer will pay a late fee of 5% of the amount due or $25, whichever is greater (or such
lesser rate as is the maximum allowable by law). Company has the right to withhold Services and Supplies, without recourse, for any non-payment. Unless otherwise stated on the Cover Page, Company may increase
the Base Charge and/or the Overage Rates on an annual basis, in an amount not to exceed 20%. Company retains the right to have all or some of the amounts due hereunder billed and/or collected by third parties. If
Customer requires any specialized billing procedure or invoicing, Company reserves the right to bill an administrative fee, in accordance with Company’s currently published fee schedule, which is subject to change from
time to time.
8. Taxes. Payments are exclusive of all state and local sales, use, excise, privilege and similar taxes, if any. You will be responsible for, indemnify and hold Company harmless from, all applicable taxes, fees or charges
(including sales, use, personal property and transfer taxes (other than net income taxes), plus interest and penalties) assessed by any governmental entity on you, the Equipment, this Agreement, or the amounts payable
hereunder (collectively, “Taxes”), unless you timely provide continuing proof of your tax exempt status. Customer will pay when due, either directly to the taxing authority or to Company upon demand, all taxes, fines and
penalties relating to this Agreement that are now or in the future assessed or levied, except for taxes levied upon Company’s income.
9. Applicable Laws. Both Parties agree that they will comply with all applicable laws and regulations during the Term.
10. Limited License to Use Software. Company grants (and is authorized by its licensor’s to grant) Customer a non-exclusive, non-transferable license to use in the U.S.: (a) software and accompanying documentation
("Base Software”) only with the Equipment with which it was delivered; and (b) Software that is set forth as a separate line item in this Agreement (“Application Software”) (including its accompanying documentation), as
applicable, for as long as Customer is current in the payment of all applicable software license fees. "Base Software" and "Application Software" are referred to collectively as "Licensed Software". Customer has no other
rights and may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer Licensed Software; (2) activate Licensed Software delivered with the Equipment in an inactivated state; or (3) allow
others to engage in same. Title to, and all intellectual property rights in, Licensed Software will reside solely with Company and/or its licensors (who will be considered third-party beneficiaries of this Section). Licensed
Software may contain code capable of automatically disabling the Equipment. Disabling code may be activated if: (x) Company is denied access to periodically reset such code; (y) Customer is notified of a default under
this Agreement; or (z) Customer’s license is terminated or expires. The Base Software license will terminate: (i) if Customer no longer uses or possesses the Equipment; or (ii) upon the expiration or termination of this
Agreement, unless Customer has exercised its option to purchase the Equipment. Neither Company nor its licensors warrant that Licensed Software will be free from errors or that its operation will be uninterrupted. The
foregoing terms do not apply to Diagnostic Software or to Licensed Software/documentation accompanied by a clickwrap or shrinkwrap license agreement or otherwise made subject to a separate license agreement.
11. Diagnostic Software. Software used to evaluate or maintain the Equipment ("Diagnostic Software") is included with the Equipment. Diagnostic Software is a valuable trade secret of Company or its Licensors. Title
to Diagnostic Software will remain with Company or its licensors. Company does not grant Customer any right to use Diagnostic Software, and Customer will not access, use, reproduce, distribute or disclose Diagnostic
Software for any purpose (or allow third parties to do so). Customer will allow Company reasonable access to the Equipment to remove or disable Diagnostic Software if Customer is no longer receiving Service from
Company, provided that any on-site access to Customer's facility will be during Customer's standard business hours.
12. Software Support. Except for Application Software identified as "No Svc." on the Cover Page, Company (or a designated servicer) will provide the software support set forth below ("Software Support"). For Base
Software for Equipment, Software Support will be provided during the initial Term and any renewal period but in no event longer than 5 years after Company stops taking customer orders for the subject model of
Equipment. For Application Software, Software Support will be provided as long as Customer is current in the payment of all applicable software license and support fees. Company will maintain a web-based or toll-free
hotline during Company’s standard working hours to report Licensed Software problems and answer Licensed Software-related questions. Company, either directly or with its vendors, will make reasonable efforts to: (a)
assure that Licensed Software performs in material conformity with its user documentation; (b) provide available workarounds or patches to resolve Licensed Software performance problems; and (c) resolve coding
errors for (i) the current Release and (ii) the previous Release for a period of 6 months after the current Release is made available to Customer. Company will not be required to provide Software Support if Customer has
modified the Licensed Software. New releases of Licensed Software that primarily incorporate compliance updates and coding error fixes are designated as "Maintenance Releases" or "Updates". Maintenance Releases
or Updates that Company may make available will be provided at no charge and must be implemented within six months. New releases of Licensed Software that include new content or functionality ("Feature Releases")
will be subject to additional license fees at then-current pricing. Maintenance Releases, Updates and Feature Releases are collectively referred to as "Releases". Each Release will be considered Licensed Software
governed by the Software License and Licensed Software Support provisions of this Agreement (unless otherwise noted). Implementation of a Release may require Customer to procure, at Customer’s expense, additional
hardware and/or software from Company or another entity. Upon installation of a Release, Customer will return or destroy all prior Releases.
Page 41 of 86
CEC approved Ver. P1.5.2023 Effective 10/22/2023 Page 3 of 5
Initials
**initials**
13.INTELLECTUAL PROPERTY.
a. CUSTOMER’S CONTENT AND CUSTOMER ASSETS. Customer represents and warrants that it owns the customer assets and its content and materials provided to Company in connection with this Agreement
or otherwise has the right to authorize Company to perform the Services hereunder. Customer represents and warrants that such content and materials do not, and shall not, contain any content that (i) is libelous,
defamatory or obscene and/or (ii) infringes on or violates any applicable laws, regulations or rights of a third party, including without limitation, export laws, or any proprietary, intellectual property, contract, moral
or privacy right or any other third party right.
b. XEROX TOOLS. “Xerox Tools” means certain Xerox proprietary tools (including any modifications, enhancements and derivative works) used by Company to provide certain Services Xerox and its licensors will
at all times retain all right, title and interest in and to Xerox Tools including without limitation, all intellectual property rights therein, and, except as expressly set forth herein or as set forth in a Statement of Work
(SOW) where limited access to the Xerox Device Manager (XDM) may be granted for a specific purpose, no rights to use, access or operate the Xerox Tools are granted to Customer. Xerox Tools will be installed
and operated only by Company or its authorized agents. If required for royalty reporting purposes, Company may disclose Customer’s name and address to Xerox and/or the third-party licensor of certain Xerox
Tools. Customer will not decompile or reverse engineer any Xerox Tools, or allow others to engage in same. Customer will have access to reports generated by the Xerox Tools and stored in a provided database
as set forth in the applicable SOW. Company may remove Xerox Tools at any time in Company’s sole discretion, provided that the removal of Xerox Tools will not affect Company’s obligations to perform Services,
and Customer shall reasonably facilitate such removal. If Xerox Tools are included as part of the Services, they may be used by Customer only in conjunction with such Services.
c. LIMITED LICENSE TO ASSESSMENTS AND REPORTS. Customer may duplicate and distribute assessments and/or reports prepared by Company pursuant to this Agreement only for Customer’s internal
business purposes. Any recommendations and processes described in assessments and/or reports may only be implemented by Company for Customer and, if implemented, used by Customer only for Customer’s
internal business purposes.
d. NO GRANTS TO CUSTOMER. Customer agrees that, except as set forth expressly in this Agreement, no other rights or licenses are granted to Customer. Further, the rights granted to Customer in this Section
shall immediately terminate if Customer defaults hereunder with respect to any of its obligations related to such grant.
14. CONFIDENTIAL INFORMATION. Information exchanged under this Agreement will be treated as confidential if it is identified as confidential at disclosure or if the circumstances of disclosure would indicate to a
reasonable person that the information should be treated as confidential (“Confidential Information”). The terms and conditions of this Agreement are Confidential Information of Company and Customer, and each party
agrees not to disclose any of the foregoing without the other party’s prior written consent. Confidential Information will be protected using a reasonable degree of care to prevent unauthorized use or disclosure for two
(2) years from the termination or expiration of this Agreement under which such Confidential Information was disclosed, whichever occurs later; provided, however, confidentiality with respect to trade secrets and Xerox
Tools will not expire. These obligations of confidentiality will not apply to any Confidential Information that: (1) was in the public domain prior to, at the time of, or subsequent to the date of disclosure through no fault of
the receiving party; (2) was rightfully in the receiving party’s possession or the possession of any third party free of any obligation of confidentiality; (3) was developed by the receiving party’s employees independently of
and without reference to any of the other party’s Confidential Information; or (4) where disclosure is required by law or a government agency. Upon expiration or termination of this Agreement, each party will return to
the other or, if requested, destroy, all Confidential Information of the other in its possession or control, except such Confidential Information as may be reasonably necessary to exercise rights that survive termination of
this Agreement.
15.Warranty. Customer acknowledges that the Products covered by this Agreement were selected by Customer based upon its own judgment. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT; IMPLIED WARRANTIES OF MERCHANTABILITY; OR FITNESS FOR A
PARTICULAR PURPOSE, ALL OF WHICH ARE SPECIFICALLY AND UNRESERVEDLY EXCLUDED.
16.LIMITATION OF LIABILITY. IN NO EVENT, SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF
PROFITS, OR PUNITIVE DAMAGES WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND IRRESPECTIVE OF WHETHER COMPANY HAS NOTICE OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER FOR ANY DIRECT DAMAGES IN EXCESS OF THE FEES PAID FOR SERVICES UNDER THIS AGREEMENT BY CUSTOMER TO
COMPANY DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
17.Default; Remedies. Any of the following events or conditions shall constitute an Event of Default under this Agreement: (a) failure by Customer to make payment when due of any indebtedness to Company or for
the Products, whether or not arising under this Agreement, without notice or demand by Company; (b) breach by Customer of any obligation herein; or (c) if Customer ceases doing business as a going concern. If
Customer defaults, Company may: (1) require future Services, including Supplies, be paid for in advance, (2) require Customer to immediately pay the amount of the remaining unpaid balance of the Agreement, (3)
terminate any and all agreements with Customer, and/or (4) pursue any other remedy permitted at law or in equity. In the Event of Default, remaining payment amounts due will be calculated using the average of the
last six months’ billing or the amount set forth on the face of the Agreement, whichever is greater, multiplied by the remaining months of the Agreement, to compensate for loss of bargain and not as a penalty. Customer
agrees that any delay or failure of Company to enforce its rights under this Agreement does not prevent Company from enforcing any such right at a later time. All of Company’s rights and remedies survive the termination
of this Agreement. In the event of a dispute arising out of this Agreement or the Products listed herein, should it prevail, Company shall be entitled to collection of its reasonable costs and attorneys’ fees incurred in
defending or enforcing this Agreement, whether or not litigation is commenced.
18.Assignment. Customer may not sell, transfer, or assign this Agreement without the prior written consent of Company. Company may sell, assign or transfer this Agreement.
19. Notices. All notices required or permitted under this Agreement shall be by overnight courier such party at the address set forth in this Agreement, or at such other address as such party may designate in writing
from time to time. Any notice from Company to Customer shall be effective two days after it has been sent via overnight courier.
20. Indemnification. Each party, if promptly notified by the other and given the right to control the defense, shall indemnify, defend and hold harmless the other party, its affiliates, and their respective officers, directors,
employees, agents, successors and assigns, from and against all claims by a third party for losses, damages, costs or liability of any kind (including expenses and reasonable legal fees) that a court finally awards such
party (“Claims”) for bodily injury (including death) and damage to real or tangible property, to the extent proximately caused by the negligent acts or omissions, or willful misconduct of the indemnifying party (or its affiliates)
in connection with this Agreement.
21. Fax/Electronic Execution. A faxed or electronically transmitted version of this Agreement may be considered the original and Customer will not have the right to challenge in court the authenticity or binding effect
of any faxed or scanned copy or signature thereon. This Agreement may be signed in counterparts and all counterparts will be considered and constitute the same Agreement.
22. Warranty to Execute. Each party represents and warrants to the other, as an essential part of this Agreement, that: (i) it is duly organized and validly existing and in good standing under the laws of the state of its
incorporation or formation; (ii) this Agreement has been duly authorized by all appropriate corporate action for signature; and (iii) the individual signing this Agreement is duly authorized to do so.
23. Miscellaneous. (a) Choice of Law. This Agreement shall be governed by the laws of the state of IL (without regard to the conflict of laws or principles of such states); (b) Jury Trial. CUSTOMER EXPRESSLY
WAIVE TRIAL BY JURY AS TO ALL ISSUES ARISING OUT OF OR RELATED TO THIS AGREEMENT; (c) Entire Agreement. This Agreement constitutes the entire agreement between the parties with regards to the
subject matter herein and supersedes all prior agreements, proposals or negotiations, whether oral or written; (d) Enforceability. If any provision of this Agreement is unenforceable, illegal or invalid, the remaining
provisions will remain in full force and effect; (e) Amendments. This Agreement may not be amended or modified except by a writing signed by the parties; provided Customer agrees that Company is authorized, without
notice to Customer, to supply missing information or correct obvious errors provided that such change does not materially alter Customer’s obligations; (f) Force Majeure. Company shall not be responsible for delays or
inability to provide Products or Services caused directly or indirectly by strikes, accidents, climate conditions, parts availability, unsafe travel conditions, or other reasons beyond Company’s control.
Page 42 of 86
AMENDMENT TO
SALES AND SERVICE AGREEMENT
THIS AMENDMENT 1 (“Amendment 1”) amends the Sales and Service Agreement (“Agreement”)
Between Chicago Office Technology Group, Inc. d/b/a Xerox Business Solutions Midwest (“Company”)
and City of Farmington (“Customer”), dated __________, 2023. Capitalized terms used herein have the
same meaning as set forth in the Agreement.
a. Section 23 (“Miscellaneous.”) is modified by deleting the following “(b) Jury Trial.
CUSTOMER EXPRESSLY WAIVE TRIAL BY JURY AS TO ALL ISSUES ARISING OUT
OF OR RELATED TO THIS AGREEMENT;”.
Except as specifically set forth herein, the Agreement is otherwise unchanged.
Chicago Office Technology Group dba City of Farmington
Xerox Business Solutions Midwest
Name (Please Print) Name (Please Print)
Signature Signature
Title Title
Date Date
Page 43 of 86
CEC approved Ver. P1.5.2023 Effective 10/22/2023 Page 4 of 5
Initials
**initials**
PRODUCT SCHEDULE (SCHEDULE A)
This Product Schedule/Schedule A is attached to and becomes part of the Agreement between XFS and the undersigned Customer.
PRODUCTS
QTY MFG / MODEL DESCRIPTION ID#SERIAL
NUMBER
STARTING
BLACK
METER
STARTING
COLOR
METER
LOCATION SERVICE
POOL
1 AltaLink C8135H2
AltaLink C8135H2 with
Accessories
CITY OF FARMINGTON
430 3RD ST
FARMINGTON, MN 55024
Service
Pool# 1
1 AltaLink C8145H2
AltaLink C8145H2 with
Accessories
CITY OF FARMINGTON
325 OAK ST.
FARMINGTON, MN 55024
Service
Pool# 1
1 AltaLink C8135H2
AltaLink C8135H2 with
Accessories
CITY OF FARMINGTON
430 3RD ST
FARMINGTON, MN 55024
Service
Pool# 1
1 AltaLink C8135H2 AltaLink C8135H2 with
CITY OF FARMINGTON
430 3RD ST
FARMINGTON, MN 55024
Service
Pool# 1
1 AltaLink C8135H2
AltaLink C8135H2 with
Accessories
CITY OF FARMINGTON- POLICE
STATION
19500 MUNICIPAL DRIVE
FARMINGTON, MN 55024
Service
Pool# 1
1 AltaLink C8135H2
AltaLink C8135H2 with
Accessories
CITY OF FARMINGTON-
MAINTENANCE FACILITY
19650 MUNICIPAL DRIVE
FARMINGTON, MN 55024
Service
Pool# 1
1 VersaLink C625 VersaLink C625
CITY OF FARMINGTON- FIRE
STATION
21625 DENMARK AVENUE
FARMINGTON, MN 55024
MPS
1 VersaLink C625 VersaLink C625
CITY OF FARMINGTON
923 8TH ST.
FARMINGTON, MN 55024
MPS
1 VersaLink C625 VersaLink C625
CITY OF FARMINGTON- LIQUOR
STORE
18350 PILOT KNOB ROAD
FARMINGTON, MN 55024
MPS
1 VersaLink C625 VersaLink C625
CITY OF FARMINGTON- FIRE
STATION
19695 MUNICIPAL DRIVE
FARMINGTON, MN 55024
MPS
1 VersaLink C625 VersaLink C625
CITY OF FARMINGTON- HOCKEY
RINK
114 WEST SPRUCE ST.
FARMINGTON, MN 55024
MPS
1 Xerox B410 Xerox B410
CITY OF FARMINGTON- POLICE
STATION
19500 MUNICIPAL DRIVE
FARMINGTON, MN 55024
MPS
1 Xerox C410 Xerox C410
CITY OF FARMINGTON
430 3RD ST
FARMINGTON, MN 55024
MPS
12 Kofax Printix 5 Year
Kofax Printix SFD\MFD 5
Year Subscription, 10-24
Device Pricing Tier
CITY OF FARMINGTON
430 3RD ST
FARMINGTON, MN 55024
N/A
12 RFIdeas Wave ID Reader
RFIdeas Wave ID Mini
Keystroke Black USB
Reader
CITY OF FARMINGTON
430 3RD ST
FARMINGTON, MN 55024
N/A
1
Printix Onboarding
Procedure
Cranel provided Printix
Server Setup and
Configuration of Cloud
Instance
CITY OF FARMINGTON
430 3RD ST
FARMINGTON, MN 55024
N/A
CUSTOMER ACCEPTANCE
Page 44 of 86
CEC approved Ver. P1.5.2023 Effective 10/22/2023 Page 5 of 5
Initials
**initials**
By executing this agreement, I acknowledge that I have read and understand this agreement and I certify that I am authorized to execute this agreement on behalf of customer.
Authorized signature acknowledges terms / conditions and expiration dates or meter readings. The terms and conditions on the face and reverse side of this agreement correctly set
forth the entire agreement between parties.
AUTHORIZED CUSTOMER SIGNATURE: **signature**TITLE:**title**
SIGNER’S NAME (PRINTED):**fullname**DATE:**datesigned**
COMPANY SALES:**signature2**DATE:**datesigned2**
Page 45 of 86
Xerox Financial Services LLC
201 Merritt 7
Norwalk, CT 06851
Lease Agreement
Page 1 of 3 XFS-FMV 04.05.18
Supplier Name & Address: Minnesota Office Technology Group, Inc.– 3 Territorial Court Bolingbrook, IL 60440 Agreement Number:
CUSTOMER INFORMATION
Full Legal Name: CITY OF FARMINGTON Phone: 651.280.6884
Billing Address: 430 3rd St.Contact Name: Shelley Beard
City: FARMINGTON State: MN Zip Code: 55024 Contact Email:accountspayable@farmingtonmn.gov
EQUIPMENT
Quantity Model and Description Equipment Location
SEE ATTACHED “EQUIPMENT SCHEDULE A”
TERM (in months)LEASE PAYMENT (plus applicable taxes)PURCHASE OPTION – (‘FMV’ unless otherwise noted)
$1,742.00 MonthlyInitial Term:
60 months
Frequency: Monthly
Fair Market Value Purchase Option ('FMV')
CUSTOMER ACCEPTANCE
BY YOUR SIGNATURE BELOW, YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO A NON-CANCELLABLE AGREEMENT AND THAT YOU HAVE READ AND AGREED TO ALL APPLICABLE TERMS AND CONDITIONS SET FORTH ON PAGES 1 AND 2 HEREOF.
Authorized Signature X: **signature**Date: **datesigned**Federal Tax ID # (Required): **ein**
Print Name: **fullname**Title: **title**
OWNER ACCEPTANCE
Accepted By: XEROX FINANCIAL SERVICES LLC Name and Title: Date:
TERMS AND CONDITIONS
1. Definitions. The words “you” and “your” mean the legal entity identified in “Customer Information” above, and “XFS,” “we,” “us”, “Owner” and “our” mean Xerox Financial Services LLC. “Party” means
you or XFS, and “Parties” means both you and XFS. “Supplier” means the entity identified as “Supplier” above. “Acceptance Date” means the date you irrevocably determine Equipment has been
delivered, installed and operating satisfactorily. “Agreement” means this Lease Agreement, including any attached Equipment schedule. “Commencement Date” will be a date after the Acceptance Date,
as set forth in our first invoice, for the purpose of facilitating an orderly transition and to provide a uniform billing cycle. “Discount Rate” means 3% per annum. “Equipment” means the items identified in
“Equipment” above and in any attached Equipment schedule, plus any Software (as defined in Section 3 hereof), attachments, accessories, replacements, replacement parts, substitutions, additions
and repairs thereto. “Interim Period” means the period, if any, between the Acceptance Date and the Commencement Date. “Interim Payment” means one thirtieth of the Lease Payment multiplied by
the number of days in the Interim Period. “Payment” means the Lease Payment specified above, Taxes and other charges you, Supplier and XFS agree will be invoiced by XFS. “Maintenance Agreement”
means a separate agreement between you and Supplier for maintenance and support purposes. “Origination Fee” means a one-time fee of $125 billed on your first invoice, which you agree to pay,
covering origination, documentation, processing and other initial costs. “Term” means the Interim Period, if any, together with the Initial Term plus any subsequent renewal or extension terms. “UCC”
means the Uniform Commercial Code of the State(s) where XFS must file UCC-1 financing statements to perfect its security interest in the Equipment.
2. Agreement, Payments and Late Payments. You agree and represent that the Equipment was selected, configured and negotiated by you based on your judgment and supplied by Supplier. At your
request, XFS will acquire same from Supplier to lease to you hereunder and you agree to lease same from XFS. The Initial Term commences on the Commencement Date. You agree to pay XFS the
first Payment plus any applicable Interim Payment no later than 30 days after the Commencement Date; each subsequent Payment shall be payable on the same date of each month thereafter. You
agree to pay us all sums due under each invoice via check, Automated Clearing House debit, Electronic Funds Transfer or direct debit from your bank account by the due date. If any Payment is not
paid in full within 5 days after its due date, you will pay a late charge of the greater of 10% of the amount due or $25, not to exceed the maximum amount permitted by law. For each
dishonored or returned Payment, you will be assessed the applicable fee, not to exceed $35. Restrictive covenants on any method of payment will be ineffective.
3. Equipment and Software. To the extent that Equipment includes intangible property or associated services such as software licenses, such intangible property shall be referred to as “Software.” You
acknowledge and agree that XFS is not the licensor of such Software, and therefore has no right, title or interest in it, and you will comply throughout the Term with any license and/or other agreement
(‘Software License”) with the supplier of the Software (“Software Supplier”). You are responsible for determining with the Supplier whether any Software Licenses are required, and entering into them
with Software Supplier(s) no later than 30 days after the Acceptance Date. YOU AGREE THE EQUIPMENT IS FOR YOUR LAWFUL BUSINESS USE IN THE UNITED STATES, WILL NOT BE USED
FOR PERSONAL, HOUSEHOLD OR FAMILY PURPOSES, AND IS NOT BEING ACQUIRED FOR RESALE. You will not attach the Equipment as a fixture to real estate or make any permanent
alterations to it.
4. Non-Cancellable Agreement. THIS AGREEMENT CANNOT BE CANCELLED OR TERMINATED BY YOU PRIOR TO THE END OF THE INITIAL TERM. YOUR OBLIGATION TO MAKE ALL
PAYMENTS IS ABSOLUTE AND UNCONDITIONAL AND NOT SUBJECT TO DELAY, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM OR RECOUPMENT FOR ANY REASON
WHATSOEVER, IRRESPECTIVE OF THE PERFORMANCE OF THE EQUIPMENT, SUPPLIER, ANY THIRD PARTY OR XFS. Any pursued claim by you against XFS for alleged breach of our
obligations hereunder shall be asserted solely in a separate action; provided, however, that your obligations hereunder shall continue unabated.
5. End of Agreement Options. If a $1 Purchase Option is designated, you will be deemed to have exercised your option to purchase the Equipment as of the Acceptance Date. If an FMV purchase
option is designated, if you are not in default and if you provide no greater than 150 days and no less than 60 days’ prior written notice to XFS, you may, at the end of the Initial Term or any renewal term
(“End Date”), either (a) purchase all, but not less than all, of the Equipment by paying its fair market value, as determined by XFS in its sole but reasonable discretion (“Determined FMV”), plus Taxes,
or (b) return the Equipment within 30 days of the End Date, at your expense, fully insured, to a continental US location XFS shall specify. You cannot return Equipment more than 30 days prior to the
End Date without our consent. If we consent, we may charge you, in addition to all undiscounted amounts due hereunder, an early termination fee. If you have not elected one of the above options, this
Agreement shall renew for successive 3-month terms. Either party may terminate the Agreement as of the end of any 3-month renewal term on 30 days’ prior written notice and by taking one of the
actions identified in (a) or (b) in the preceding sentence of this section. Any FMV purchase option shall be exercised with respect to each item of Equipment on the day immediately following the date of
expiration of the Term of such item, and by the delivery at such time by you to XFS of payment, in form acceptable to XFS, of the amount of the applicable purchase price. Upon payment of the applicable
amount, XFS shall transfer our interest in the Equipment to you on an “AS IS, WHERE IS,” “WITH ALL FAULTS” basis, without representation or warranty of any kind.
6. Equipment Delivery and Maintenance. You should arrange with Supplier to have the Equipment delivered to you at the location(s) specified herein, and you agree to execute a Delivery & Acceptance
Certificate at XFS’s request (and confirm same via telephone and/or electronically) confirming when you have received, inspected and irrevocably accepted the Equipment, and authorize XFS to fund
the Supplier for the Equipment. If you fail to accept the Equipment, you shall no longer have any obligations hereunder; however, you remain liable for any Equipment purchase order or other contract
issued on your behalf directly with Supplier. Equipment may not be moved to another physical address without XFS’s prior written consent, which shall not be unreasonably withheld or delayed. You
agree that you will not take the Equipment out of service during the Term. You shall permit XFS or its agent to inspect Equipment and any maintenance records relating thereto during your normal
business hours upon reasonable notice. You represent you have entered into a Maintenance Agreement to maintain the Equipment in good working order in accordance with the manufacturer’s
maintenance guidelines and to provide you with Equipment supplies. You acknowledge that XFS is acting solely as an administrator for Supplier with respect to the billing and collecting of the
charges under any Maintenance Agreement. XFS IS NOT LIABLE FOR ANY BREACH BY SUPPLIER OF ANY OF ITS OBLIGATIONS TO YOU, NOR WILL ANY OF YOUR OBLIGATIONS
HEREUNDER BE MODIFIED, RELEASED OR EXCUSED BY ANY ALLEGED BREACH BY SUPPLIER.
7. Equipment Ownership, Labeling and UCC Filing. If and to the extent a court deems this Agreement to be a security agreement under the UCC, and otherwise for precautionary purposes only, you
grant XFS a first priority security interest in your interest in the Equipment as defined above in order to secure your performance hereunder. Unless a $1 Purchase Option is applicable, XFS is and shall
remain the sole owner of the Equipment, except the Software. You authorize XFS to file a UCC financing statement to show, and to do all other acts to protect, our interest in the Equipment. You agree
to pay any filing fees and administrative costs for the filing of such financing statements. You agree to keep the Equipment free from any liens or encumbrances and to promptly notify XFS if there is any
change in your organization such that a refiling or amendment to XFS’s financing statement against you becomes necessary.
Page 46 of 86
Xerox Financial Services LLC
201 Merritt 7
Norwalk, CT 06851
Lease Agreement
Page 2 of 3 XFS-FMV 04.05.18**initials**
8. Equipment Return. If the Equipment is returned to XFS, it shall be in the same condition as when delivered to you, except for “ordinary wear and tear” and, if not in such condition, you will be liable for all expenses XFS
incurs to return the Equipment to such condition. IT IS SOLELY YOUR RESPONSIBILITY TO SECURE ANY SENSITIVE DATA AND PERMANENTLY DELETE SUCH DATA FROM THE INTERNAL MEDIA STORAGE
PRIOR TO RETURNING THE EQUIPMENT TO XFS. YOU SHALL HOLD XFS HARMLESS FROM YOUR FAILURE TO SECURE AND PERMANENTLY DELETE ALL SUCH CUSTOMER DATA AS OUTLINED IN THIS
SECTION.
9. Assignment. YOU MAY NOT ASSIGN, SELL, PLEDGE, TRANSFER, SUBLEASE OR PART WITH POSSESSION OF THE EQUIPMENT, THIS AGREEMENT OR ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER
THIS AGREEMENT (COLLECTIVELY “ASSIGNMENT”) WITHOUT XFS’S PRIOR WRITTEN CONSENT, WHICH SHALL NOT BE UNREASONABLY WITHHELD, BUT SUBJECT TO THE SOLE EXERCISE OF XFS’S
REASONABLE CREDIT DISCRETION AND EXECUTION OF ANY NECESSARY ASSIGNMENT DOCUMENTATION. If XFS agrees to an Assignment, you agree to pay the applicable assignment fee and reimburse XFS
for any costs we incur in connection with that Assignment, which in the aggregate shall not exceed $250. XFS may sell, assign or transfer all or any part of the Equipment, this Agreement and/or any of our rights (but none
of our obligations except for invoicing and tax administration) hereunder. XFS’s assignee will have the same rights that we have to the extent assigned. YOU AGREE NOT TO ASSERT AGAINST SUCH ASSIGNEE ANY
CLAIMS, DEFENSES, COUNTERCLAIMS, RECOUPMENTS, OR SET-OFFS THAT YOU MAY HAVE AGAINST XFS, and you agree to remit Payments to such Assignee if so designated. XFS agrees and acknowledges
that any Assignment by us will not materially change your obligations hereunder.
10. Taxes. XFS acknowledges that you currently meet the requirements to be designated as a tax-exempt entity; however, if such tax-exempt status is no longer applicable, you will be responsible for the tax obligations
set forth in the remainder of this Section, as follows: You will be responsible for, indemnify and hold XFS harmless from, all applicable taxes, fees or charges (including sales, use, personal property and transfer taxes (other
than net income taxes), plus interest and penalties) assessed by any governmental entity on you, the Equipment, this Agreement, or the amounts payable hereunder (collectively, “Taxes”), which will be included in XFS’s
invoices to you unless you timely provide continuing proof of your tax exempt status. Regardless of your tax-exempt status, XFS reserves the right to pass through, and you agree to pay, any such Taxes that are actually
assessed by the applicable State on XFS as lessor of the Equipment. For jurisdictions where certain taxes are calculated and paid at the time of agreement initiation, you authorize XFS to finance and adjust your Payment
to include such Taxes over the Term. Unless and until XFS notifies you in writing to the contrary, the following shall apply to personal property taxes and returns. If an FMV purchase option is applicable, XFS will file all
personal property tax returns covering the Equipment, pay the personal property taxes levied or assessed thereon, and collect from your account all personal property taxes on the Equipment. If a $1 purchase option is
applicable, you will file all personal property tax returns covering the Equipment, pay the personal property taxes levied or assessed thereon, and provide us proof thereof upon our request. XFS MAKES NO WARRANTY,
EXPRESS OR IMPLIED, REGARDING THE TAX OR ACCOUNTING TREATMENT OF THIS AGREEMENT.
11. Equipment Warranty Information and Disclaimers. XFS HAS NO INVOLVEMENT IN THE DESIGN, MANUFACTURE, SALE, DELIVERY, INSTALLATION, USE OR MAINTENANCE OF THE EQUIPMENT.
THEREFORE, XFS DISCLAIMS, AND YOU WAIVE SOLELY AGAINST XFS, ALL EQUIPMENT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, AND XFS MAKES NO REPRESENTATIONS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE EQUIPMENT’S
SUITABILITY, FUNCTIONALITY, DURABILITY OR CONDITION. Since you have selected the Equipment and Supplier, you acknowledge that you are aware of the name of the manufacturer of each item of Equipment,
Supplier’s contact information, and agree that you will contact manufacturer and/or Supplier for a description of any warranty rights you may have under the Equipment supply contract, sales order, or otherwise. Provided
you are not in default hereunder, XFS hereby assigns to you any Equipment warranty rights we may have against Supplier or manufacturer. If the Equipment is returned to XFS or you are in default, such rights are deemed
reassigned by you to XFS. IF THE EQUIPMENT IS NOT PROPERLY INSTALLED, DOES NOT OPERATE AS WARRANTED, BECOMES OBSOLETE, OR IS UNSATISFACTORY FOR ANY REASON WHATSOEVER,
YOU SHALL MAKE ALL RELATED CLAIMS SOLELY AGAINST MANUFACTURER OR SUPPLIER AND NOT AGAINST XFS, AND YOU SHALL NEVERTHELESS CONTINUE TO PAY ALL PAYMENTS AND OTHER
SUMS PAYABLE UNDER THIS AGREEMENT.
12. Liability and Indemnification. XFS IS NOT RESPONSIBLE FOR ANY LOSSES, DAMAGES, EXPENSES OR INJURIES OF ANY KIND OR TYPE, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (COLLECTIVELY, “CLAIMS”) TO YOU OR ANY THIRD PARTY CAUSED BY THE EQUIPMENT OR ITS USE. You assume the risk of liability for, and hereby
agree to indemnify and hold safe and harmless, and covenant to defend, XFS, its employees, officers and agents from and against: (a) any and all Claims (including legal expenses of every kind and nature) arising out of
the acceptance or rejection, ownership, leasing, possession, operation, use, return or other disposition of the Equipment; and (b) any and all loss or damage of or to the Equipment. Neither sentence in this Section shall
apply to Claims arising directly and proximately from XFS’s gross negligence or willful misconduct.
13. Default and Remedies. You will be in default hereunder if XFS does not receive any Payment within 10 days after its due date, or you breach any other material obligation hereunder or any other agreement with XFS.
If you default, and such default continues for 10 days after XFS provides notice to you, XFS may, in addition to other remedies (including disabling or repossessing the Equipment and/or requesting Supplier to cease
performing under the Maintenance Agreement), immediately require you to do one or more of the following; (a) as liquidated damages for loss of bargain and not as a penalty, pay the sum of (i) all amounts then past due,
plus interest from the due date until paid at the rate of 1.5% per month; (ii) the Payments remaining in the Term (including the fixed maintenance component thereof, if permitted under the Maintenance Agreement),
discounted at the Discount Rate to the date of default, (iii) the Equipment’s booked residual, and (iv) Taxes; and (b) require you to return the Equipment as provided in Sections 5 and 8 hereof. You agree to pay all reasonable
costs, including attorneys’ fees and disbursements, incurred by XFS to enforce this Agreement.
14. Risk of Loss and Insurance. You assume and agree to bear the entire risk of loss, theft, destruction or other impairment of the Equipment upon delivery. You, at your own expense, (i) shall keep Equipment insured
against loss or damage at a minimum of full replacement value thereof, and (ii) shall carry liability insurance against bodily injury, including death, and against property damage in the amount of at least $2 million (collectively,
“Required Insurance”). All such Equipment loss/damage insurance shall be with lender’s loss payable to “XFS, its successors and/or assigns, as their interests may appear,” and shall be with companies reasonably
acceptable to XFS. XFS shall be named as an additional insured on all liability insurance policies. The Required Insurance shall provide for 30 days’ prior notice to XFS of cancellation.
YOU MUST PROVIDE XFS OR OUR DESIGNEES WITH SATISFACTORY WRITTEN EVIDENCE OF REQUIRED INSURANCE WITHIN 30 DAYS OF THE ACCEPTANCE DATE AND ANY SUBSEQUENT WRITTEN
REQUEST BY XFS OR OUR DESIGNEES. IF YOU DO NOT DO SO, THEN IN LIEU OF OTHER REMEDIES FOR DEFAULT, XFS IN OUR DISCRETION AND AT OUR SOLE OPTION MAY (BUT IS NOT REQUIRED
TO) OBTAIN INSURANCE FROM AN INSURER OF XFS’S CHOOSING, WHICH MAY BE AN XFS AFFILIATE, IN SUCH FORMS AND AMOUNTS AS XFS DEEMS REASONABLE TO PROTECT XFS’S INTERESTS
(COLLECTIVELY “EQUIPMENT INSURANCE”). EQUIPMENT INSURANCE WILL COVER THE EQUIPMENT AND XFS; IT WILL NOT NAME YOU AS AN INSURED AND MAY NOT COVER ALL OF YOUR INTEREST
IN THE EQUIPMENT AND WILL BE SUBJECT TO CANCELLATION AT ANY TIME. YOU AGREE TO PAY XFS PERIODIC CHARGES FOR EQUIPMENT INSURANCE (COLLECTIVELY “INSURANCE CHARGES”)
THAT INCLUDE: AN INSURANCE PREMIUM THAT MAY BE HIGHER THAN IF YOU MAINTAINED THE REQUIRED INSURANCE SEPARATELY; A FINANCE CHARGE OF UP TO 1.5% PER MONTH ON ANY
ADVANCES MADE BY XFS OR OUR AGENTS; AND COMMISSIONS, BILLING AND PROCESSING FEES; ANY OR ALL OF WHICH MAY GENERATE A PROFIT TO XFS OR OUR AGENTS. XFS MAY ADD
INSURANCE CHARGES TO EACH PAYMENT. XFS shall discontinue billing or debiting Insurance Charges for Equipment Insurance upon receipt and review of satisfactory evidence of Required Insurance.
You must promptly notify XFS of any loss or damage to Equipment which makes any item of Equipment unfit for continued or repairable use. You hereby irrevocably appoint XFS as your attorney-in-fact to execute and
endorse all checks or drafts in your name to collect under any such Required Insurance. Insurance proceeds from Required Insurance or Equipment Insurance received shall be applied, at XFS’s option, to (x) restore the
Equipment so that it is in the same condition as when delivered to you (normal wear and tear excepted), or (y) if the Equipment is not restorable, to replace it with like-kind condition Equipment from the same manufacturer,
or (z) pay to XFS the greater of (i) the total unpaid Payments for the entire Term hereof (discounted to present value at the Discount Rate) plus, if an FMV purchase option is designated on the first page hereof, XFS’s
residual interest in such Equipment (herein agreed to be 20% of the Equipment’s original cost to XFS) plus any other amounts due to XFS hereunder, or (ii) the Determined FMV immediately prior to the loss or damage. NO
LOSS OR DAMAGE TO EQUIPMENT, OR XFS’S RECEIPT AND APPLICATION OF INSURANCE PROCEEDS, SHALL RELIEVE YOU OF ANY OF YOUR REMAINING OBLIGATIONS UNDER THIS AGREEMENT.
Notwithstanding procurement of Equipment Insurance or Required Insurance, you remain primarily liable for performance under this Section in the event the applicable insurance carrier fails or refuses to pay any claim.
YOU AGREE (I) AT XFS’S SOLE ELECTION TO ARBITRATE ANY DISPUTE WITH XFS, OUR AGENTS OR ASSIGNS REGARDING THE EQUIPMENT INSURANCE UNDER THE RULES OF THE AMERICAN
ARBITRATION ASSOCIATION IN FAIRFIELD COUNTY, CT, (II) THAT IF XFS MAKES THE FOREGOING ELECTION ARBITRATION (NOT A COURT) SHALL BE THE EXCLUSIVE REMEDY FOR SUCH DISPUTES;
AND (III) THAT CLASS ARBITRATION IS NOT PERMITTED. This arbitration option does not apply to any other provision of this Agreement.
15. Finance Lease and Customer Waivers. The parties agree this Agreement shall be construed as a “finance lease” under UCC Article 2A. Customer waives its rights as a lessee under UCC 2A sections 508-
522.
16. Authorization of Signer and Credit Review. You represent that you may lawfully enter into, and perform, this Agreement, that the individual signing this Agreement on your behalf has all necessary authority to do so,
and that all financial information you provide accurately represents your financial condition. You agree to furnish financial information that XFS may request now, including your Federal Tax ID, and you authorize XFS to
obtain credit reports on you in the future should you default or fail to make prompt payments hereunder.
17. Original and Sole Controlling Document. No Modifications Unless in Writing. This Agreement constitutes the entire agreement between the Parties as to the subjects addressed herein, and representations or
statements not included herein are not part of this Agreement and are not binding on the Parties. You agree that an executed copy of this Agreement that is signed by your authorized representative and by XFS’s authorized
representative (an original manual signature or such signature reproduced by means of a reliable electronic form, such as electronic transmission of a facsimile or electronic signature) shall be marked “original” by XFS and
shall constitute the only original document for all purposes. To the extent this Agreement constitutes UCC chattel paper, no security interest in this Agreement may be created except by the possession or transfer of the
copy marked “original” by XFS. IF A PURCHASE ORDER OR OTHER DOCUMENT IS ISSUED BY YOU, NONE OF ITS TERMS AND CONDITIONS SHALL BE BINDING ON XFS, AS THE TERMS AND CONDITIONS
OF THIS AGREEMENT EXCLUSIVELY GOVERN THE TRANSACTION DOCUMENTED HEREIN. SUPPLIER AND ITS REPRESENTATIVES ARE NOT OUR AGENTS AND ARE NOT AUTHORIZED TO MODIFY OR
NEGOTIATE THE TERMS OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE AMENDED OR SUPPLEMENTED EXCEPT IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF
THE PARTIES AND NO PROVISIONS CAN BE WAIVED EXCEPT IN A WRITING SIGNED BY XFS. You authorize XFS to insert or correct missing information on this Agreement, including but not limited to your proper
legal name, agreement/numbers, serial numbers and other Equipment information, so long as there is no material impact to your financial obligations.
18. Governing Law, Jurisdiction, Venue and JURY TRIAL WAIVER. THIS AGREEMENT IS GOVERNED BY, AND SHALL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CONNECTICUT.
THE JURISDICTION AND VENUE OF ANY ACTION TO ENFORCE THIS AGREEMENT, OR OTHERWISE RELATING TO THIS AGREEMENT, SHALL BE IN A FEDERAL OR STATE COURT IN FAIRFIELD COUNTY,
CONNECTICUT OR, EXCLUSIVELY AT XFS’S OPTION, IN ANY OTHER FEDERAL OR STATE COURT WHERE THE EQUIPMENT IS LOCATED OR WHERE XFS’S OR YOUR PRINCIPAL PLACES OF BUSINESS
ARE LOCATED, AND YOU HEREBY WAIVE ANY RIGHT TO TRANSFER VENUE. THE PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION RELATED TO OR ARISING OUT OF THIS
AGREEMENT.
19. Miscellaneous. Your obligations under the “Taxes” and “Liability” Sections commence upon execution, and survive the expiration or earlier termination, of this Agreement. Notices hereunder must be in writing. Notices
to you will be sent to the “Billing Address” provided on the first page hereof, and notices to XFS shall be sent to our address provided on the first page hereof. Notices will be deemed given 5 days after mailing by first class
mail or 2 days after sending by nationally recognized overnight courier. Invoices are not considered notices and are not governed by the notice terms hereof. You authorize XFS to communicate with you by any electronic
means (including cellular phone, email, automatic dialing and recorded messages) using any phone number (including cellular) or electronic address you provide to us. If a court finds any term of this Agreement unenforceable,
the remaining terms will remain in effect. The failure by either Party to exercise any right or remedy will not constitute a waiver of such right or remedy. If more than one party has signed this Agreement as Customer, each
such party agrees that its liability is joint and several. The following four sentences control over every other part of this Agreement: Both Parties will comply with applicable laws. XFS will not charge or collect any amounts
in excess of those allowed by applicable law. Any part of this Agreement that would, but for the last four sentences of this Section, be read under any circumstances to allow for a charge higher than that allowed under any
applicable legal limit, is modified by this Section to limit the amounts chargeable hereunder to the maximum amount allowed under the legal limit. If, in any circumstances, any amount in excess of that allowed by law is
charged or received, any such charge will be deemed limited by the amount legally allowed and any amount received by XFS in excess of that legally allowed will be applied by us to the payment of amounts legally owed
hereunder or refunded to you.
20. Non-Appropriation. Your obligation to pay the Lease Payments and any other amounts due is contingent upon approval of the appropriation of funds by your governing body. In the event funds are not appropriated for
any fiscal period equal to amounts due under this Agreement, and you have no other funds legally available to be allocated to the payment of your obligations hereunder, you may terminate this Agreement effective on the
first day of such fiscal period (''Termination Date'') if: (a) you have used due diligence to exhaust all funds legally available; and (b) XFS has received written notice from you at least 30 days before the Termination Date. At
XFS’s request, you shall promptly provide supplemental documentation as to such non-appropriation. Upon the occurrence of such non-appropriation, you shall not be obligated for payment of any Payment for any fiscal
period for which funds have not been so appropriated, and you shall promptly deliver the Equipment to the Dealer (or such other party as we may designate) as set forth in the return provisions hereof.
Page 47 of 86
RM 11-15-23
Xerox Financial Services LLC
201 Merritt 7
Norwalk, CT 06851
Amendment to State and Local Government Cost Per Image Agreement
This Amendment is made part of the State and Local Government Cost Per Image Agreement (“Agreement”) by
and between City of Farmington (as “Customer”) and Xerox Financial Services LLC (as “XFS”), Agreement number
________________. XFS and Customer may be referred to herein individually as “Party” and collectively as “Parties”.
WHEREAS, The Amendment shall be effective as of the same date as the Agreement. This Amendment is hereby
made a part of, and incorporated into, the Agreement as though fully set forth therein. The provisions of the Agreement
shall remain in full force and effect, provided that, in the event of a conflict between any provision of this Amendment and
any provision of the Agreement, the provision of this Amendment shall control.
NOW, THEREFORE, the Parties, intending to be legally bound and for good and valuable consideration, the
adequacy of which is hereby acknowledged, agree as follows:
Section 19. Governing Law, Jurisdiction, Venue and JURY TRIAL WAIVER.
This section is hereby amended to read as follows:
“THIS AGREEMENT IS GOVERNED BY, AND SHALL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF
MINNESOTA. THE JURISDICTION AND VENUE OF ANY ACTION TO ENFORCE THIS AGREEMENT, OR OTHERWISE RELATING TO
THIS AGREEMENT, SHALL BE IN A FEDERAL OR STATE COURT IN MINNESOTA. UNLESS SPECIFICALLY PROHIBITED BY THE
APPLICABLE GOVERNING LAW REFERENCED ABOVE. THE PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY
ACTION RELATED TO OR ARISING OUT OF THIS AGREEMENT.”
Severability. If any one or more provisions of this Amendment shall be deemed invalid, illegal, or unenforceable in
any respect by a court of law, the validity, legality, and enforceability of the remaining provisions contained herein shall not
in any way be affected or impaired. The Parties agree to use their best efforts to achieve the purpose of the inval id provision
by a new legally valid provision.
Headings. The headings contained in this Amendment are for ease of reference and shall not affect in any event
the meaning or interpretation of this Amendment.
Intent of Parties. This Amendment is intended to be solely for the benefit of the Parties hereto, as existing now
and as may be joined from time to time, and is not intended to confer any benefits upon, or create any rights in favor of, any
person other than the Parties hereto.
Execution of this Amendment. A faxed, e-mailed, or otherwise electronically transmitted copy of this Amendment
bearing facsimiles of the Parties’ signatures may be treated as an original of this Amendment for all purposes. This
Amendment may be executed in two or more counterparts, each which shall be deemed an original but all of which together
shall constitute one and the same instrument. Delivery of an executed counterpart of this A mendment by facsimile or
electronic mail shall be equally as effective as delivery of an original executed counterpart of this Amendment.
Authorization of Signor. Each Party hereto represents that the individual signing below on behalf of Customer and
XFS respectively has the necessary authority to enter into and perform under this Amendment.
IN WITNESS HEREOF, the Parties have signed this Amendment on the date stated below but as binding as of the
Effective Date of the Agreement.
Customer Acceptance: Owner Acceptance:
CITY OF FARMINGTON X EROX F INANCIAL SE RVICES LLC
Authorized Signor: ___________________________ Accepted by: _____________________________
Print Name: _________________________________ Name: __________________________________
Title: ______________________________________ Title: ____________________________________
Date: _______________ Date: _______________
* Signor for the Agreement and this Amendment must be the same.
Page 48 of 86
Xerox Financial Services LLC
201 Merritt 7
Norwalk, CT 06851
Lease Agreement
Page 3 of 3 XFS-FMV 04.05.18
This Equipment Schedule “A” is attached to and becomes a part of the Agreement Number listed below, between Xerox Financial Services LLC and the undersigned Customer.
Agreement Number:
EQUIPMENT
Quantity Model and Description Equipment Location
3 AltaLink C8135H2 with Accessories
CITY OF FARMINGTON
430 3RD ST
FARMINGTON, MN 55024
1 AltaLink C8145H2 with Accessories
CITY OF FARMINGTON
325 OAK ST.
FARMINGTON, MN 55024
1 AltaLink C8135H2 with Accessories
CITY OF FARMINGTON- POLICE STATION
19500 MUNICIPAL DRIVE
FARMINGTON, MN 55024
1 AltaLink C8135H2 with Accessories
CITY OF FARMINGTON- MAINTENANCE FACILITY
19650 MUNICIPAL DRIVE
FARMINGTON, MN 55024
1 VersaLink C625
CITY OF FARMINGTON- FIRE STATION
21625 DENMARK AVENUE
FARMINGTON, MN 55024
1 VersaLink C625
CITY OF FARMINGTON
923 8TH ST.
FARMINGTON, MN 55024
1 VersaLink C625
CITY OF FARMINGTON- LIQUOR STORE
18350 PILOT KNOB ROAD
FARMINGTON, MN 55024
1 VersaLink C625
CITY OF FARMINGTON- FIRE STATION
19695 MUNICIPAL DRIVE
FARMINGTON, MN 55024
1 VersaLink C625
CITY OF FARMINGTON- HOCKEY RINK
114 WEST SPRUCE ST.
FARMINGTON, MN 55024
1 Xerox B410
CITY OF FARMINGTON- POLICE STATION
19500 MUNICIPAL DRIVE
FARMINGTON, MN 55024
1 Xerox C410
CITY OF FARMINGTON
430 3RD ST
FARMINGTON, MN 55024
This Schedule “A” is hereby verified as correct by the undersigned Customer
Customer: CITY OF FARMINGTON
Authorized Signature X:**signature**Date: **datesigned**
Name: **fullname**Title: **title**
Page 49 of 86
Company:XBS Midwest
Lease ID Serial #Make & Model Location / Dept Buyout Expectations Wipe
Drive?XBS-MW to Pay:Lease Term
Date Payoff to:
360604-1035661USC RICOH LEASE PAYOFF N/A N/A Upgrade / Buyout to Return $1,774.22 CITY OF FARMINGTON
360604-1037788USC RICOH LEASE PAYOFF N/A N/A Upgrade / Buyout to Return $12,382.88 CITY OF FARMINGTON
14,157.10$
X X
Title
X X
Date
X
Business Name
Authorized Signature
Print Name of Signer
The authorized signor below has received, understands and agrees to the terms and conditions on page two of this form, for items applicable as indicated above. Each itemized asset with all accessories is to be removed and/or payment issued where indicated, upon agreement by XBS Midwest. All
appropriate and required options must be indicated with this form signed BEFORE XBS Midwest will remove equipment from the customer location. When fees are required for pick-up/shipment of equipment, the customer must have a check ready for the driver upon pick up. Please note: the customer
needs to provide remit-to information and lender return authorization in a timely manner, for any applicable 3rd-party leases.
Customer Authorization
for Equipment Removal, Disposal, Freight Return and Buyout Expectations
Customer Signature is required with complete information below, for all devices to be removed and/or payments to be issued
Select Equipment
Instruction
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Cash back to customer:
X X
Initial
0
Business Name
Return Instructions
The customer will be responsible for obtaining return authorization and instructions for all 3rd party leases, and will provide these to XBS-MW in a timely manner. The customer understands that any additional balance owed to their lender for rent before return is the responsibility of the customer. XBS-MW
will obtain return instructions only for equipment leased through an XBS-MW lender relationship.
Payment Terms
For instances where the customer will receive payment as cash back for existing equipment, the customer will be responsible for termination notification to their leasing company and for verification of lender requirements. Payment will be issued to the customer upon completion of new equipment delivery
and installation, and upon booking and funding of the new lease.
For instances where XBS-MW will be paying off or paying toward a 3rd party lease, the lease will be paid in full or up to the amount as indicated, but not to exceed the current payoff balance. The customer will be responsible for termination notification to the leasing company and for verifying and meeting
their lenders' requirements. Payment will be issued to the 3rd party lender upon complete equipment delivery and installation, and upon booking and funding of the new lease. The customer is responsible for providing all remit-to information for the 3rd party lease, including full address and account number.
For instances where XBS-MW will be paying off or paying toward a lease that was originally arranged through XBS-MW, the lease will be paid in full or up to the amount as indicated, but not to exceed the current payoff balance. The customer will be responsible for termination notification to the leasing
company and for verifying and meeting lender requirements. The customer will also be responsible for any additional financial obligations that may incur if they did not meet the termination notification requirements of the lender. Payment will be issued to the lender upon complete equipment delivery and
installation, and upon booking and funding of the new lease.
XBS-MW to pay toward 3rd party lease:
XBS-MW to pay toward customer's lease arranged through XBS-MW:
For each asset and with disposition as indicated, either the customer or XBS-MW will assume responsibility for return to the lender. For assets indicated for return by the customer, the customer will be responsible for return and all expenses associated. For assets indicated for return by XBS-MW, the
customer agrees this will be returned to their current leasing company. The customer takes responsibility for providing return instructions, verifying lender requirements for return, and is responsible for condition of equipment and/or damage due to loss during shipping. The customer is responsible to ensure
that equipment is in workable condition when removed and will assume responsibility for any lender fees associated for missing or damaged items. The customer also understands that all claims regarding the shipment will be the customer's responsibility. In the case that damage is inflicted by XBS-MW,
such damage will be documented and covered by XBS-MW. XBS-MW will not document or inspect for damages that may have occurred prior to pick-up or after removal from the XBS-MW facility, or damages that are not obviously visible.
Customer Authorization - Page 2
Terms and Conditions for Equipment Removal, Disposal, Freight Return and Buyout Expectations
Dispose of Equipment
For each asset with disposition indicated for disposal, the customer understands that once removed, equipment will become the property of Xerox Business Solutions Midwest (XBS-MW). Equipment may be disposed of or otherwise utilized at the discretion of XBS-MW. It is the responsibility of the
customer to ensure that equipment is not on lease or otherwise owned by another party. XBS-MW will access available records of any active leases that were arranged through an XBS-MW lender relationship. The customer understands that XBS-MW is not the lender, and does not take responsibility for
any obligations the customer may have to verify ownership by a 3rd party.
Freight Return Authorization and Responsibilities
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REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Kellee Omlid, Parks & Recreation Director
Department:Parks & Recreation
Subject:Resolution Accepting Donation from Kwik Trip to the Rambling River Center
Meeting:Regular Council - Nov 20 2023
INTRODUCTION:
Kwik Trip recently gave a donation to the Rambling River Center for the annual breakfast and silent
auction fundraiser.
DISCUSSION:
Kwik Trip recently donated 200 cups of coffee, six (6) gallons of orange juice, and 50 bananas to
the Rambling River Center for the annual breakfast and silent auction fundraiser. The fundraiser
was held on Saturday, October 28, and approximately 125 people attended the event.
Staff will communicate the City’s appreciation on behalf of the City Council to Kwik Trip for this
generous donation.
ACTION REQUESTED:
Adopt the attached resolution accepting the donation of coffee, orange juice, and bananas valued
at $65 to the Rambling River Center.
ATTACHMENTS:
R73-23 Accepting Coffee, Orange Juice, and Bananas from Kwik Trip
Page 60 of 86
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION R73-23
A RESOLUTION ACCEPTING
A DONATION OF COFFEE, ORANGE JUICE, AND BANANAS FROM KWIK TRIP
TO THE RAMBLING RIVER CENTER
WHEREAS, the City of Farmington is generally authorized to accept donations of real
and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens
and is specifically authorized to accept gifts, as allowed by law; and
WHEREAS, the following persons and entities have offered to contribute to the City:
Kwik Trip has donated coffee, orange juice, and bananas valued at $65 to the
Rambling River Center
; and
WHEREAS, it is in the best interest of the City to accept this donation.
NOW, THEREFORE, BE IT RESOLVED that Mayor Hoyt and the Farmington City
Council hereby accept with gratitude the generous donation of coffee, orange juice, and bananas
valued at $65 from Kwik Trip to the Rambling River Center.
Adopted by the City Council of the City of Farmington, Minnesota, this 20th day of November
2023.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 61 of 86
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Kellee Omlid, Parks & Recreation Director
Department:Parks & Recreation
Subject:Resolution Declaring Surplus Property
Meeting:Regular Council - Nov 20 2023
INTRODUCTION:
The Parks and Recreation Department is requesting the authorization to dispose of 18 used
outdoor trash receptacles.
DISCUSSION:
As part of the 2021 Downtown Sidewalk Replacement Project, new outdoor trash receptacles were
purchased and installed downtown. The new receptacles are different than what was previously
downtown. Thus, there is no need to keep the old trash receptacles as replacements.
Rather than disposing of the trash receptacles, the City has an opportunity to sell these surplus
items through MinnBid, which provides services to various government agencies allowing them to
sell surplus items through an online public auction.
BUDGET IMPACT:
The proceeds from the sale will be deposited into Miscellaneous Revenue in the General Fund.
ACTION REQUESTED:
Adopt the resolution declaring property surplus.
ATTACHMENTS:
R72-23 Declaring Items as Surplus and Authorizing Disposal (Parks-trash receptacles)
Page 62 of 86
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
RESOLUTION R72-23
A RESOLUTION DECLARING ITEMS AS SURPLUS
AND AUTHORIZING DISPOSAL
WHEREAS, the Parks and Recreation Department is requesting authorization to dispose
of the following trash receptacles that are no longer needed and to dispose of the trash receptacles
at auction with funds being deposited into the General Fund:
18 Outdoor Trash Receptacles
NOW, THEREFORE, BE IT RESOLVED, that Mayor Hoyt and the Farmington City
Council declare the items listed above as surplus and authorize its disposal with any proceeds to
be placed in the General Fund.
Adopted by the City Council of the City of Farmington, Minnesota, this 20th day of November
2023.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 63 of 86
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Shirley Buecksler, City Clerk
Department:Administration
Subject:Ordinance Amending Chapter 18 of the Farmington City Code Related to
Peddlers, Solicitors, and Transient Merchants
Meeting:Regular Council - Nov 20 2023
INTRODUCTION:
Attached, please find an ordinance amendment to Chapter 18 of the City Code as it relates to
Peddlers, Solicitors, and Transient Merchants.
DISCUSSION:
Staff worked with the City Attorney on an amendment to Chapter 18 of the Farmington City Code
relating to peddlers, solicitors, and transient merchants. Some significant changes in the ordinance
amendment include:
Adding a definition for Non-Commercial Door-to-Door Advocate, along with cleaning up all
other definitions;
Adding exceptions from licensing for certain activities, some of which include:
o Persons establishing a regular customer delivery route for perishable food and dairy
products;
o Persons making newspaper deliveries or attempting to establish a newspaper route;
o Any person holding a garage sale, rummage sale, or estate sale;
o Persons holding a multi-person bazaar or flea market;
o Persons selling products grown, raised, or produced on a farm; or
o An auctioneer conducting an auction.
Amending application requirements and procedures;
Changing the license term from either an annual or six-month license to annual only;
Adding hours for when business may be conducted:
o 9 a.m. - 7 p.m. Monday through Friday; and
o 10 a.m. - 5 p.m. Saturday and Sunday
Adding a section on Exclusion by Placard, whereas, unless specifically invited by the
property owner or tenant, no peddler, solicitor, transient merchant, non-commercial door-to-
door advocate, or other person engaged in similar activities, shall enter the property to
conduct business when the property is visibly marked with a sign or placard that reads,
"Peddlers, Solicitors, and Transient Merchants Prohibited," or other similar statement.
Council must hold a public hearing on this ordinance amendment.
Page 64 of 86
ACTION REQUESTED:
Staff is requesting that Council approve and pass Ordinance 023-778 Amending Chapter 18 of the
Farmington City Code Regarding Peddlers, Solicitors, and Transient Merchants. If approved, this
ordinance will be effective on January 1, 2024.
ATTACHMENTS:
City Code Ch 18 Peddlers, Solicitors, Transient Merchants
023-778 Peddlers, Solicitors, Transient Merchants
Page 65 of 86
CITY OF FARMINGTON
CHAPTER 18
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
SECTION:
3-18-1: Definitions
3-18-2: License Required
3-18-3: Application And Issuance
3-18-4: License Fees
3-18-5: Certain Sales Prohibited
3-18-6: Duration Of License
3-18-7: License Not Transferable
3-18-8: License To Be Carried
3-18-9: Practices Prohibited
3-18-10: Exemptions
3-18-11: Revocation
3-18-12: Penalty
3-18-1: DEFINITIONS:
For the purposes of this Chapter the terms defined in this Section have the meanings ascribed to
them:
PEDDLER: Any person with no fixed place of business who goes from house to house, from place
to place or from street to street carrying or transporting goods, wares or merchandise and offering
or exposing the same for sale, or making sales and deliveries to purchasers.
SOLICITOR: Any person who goes from house to house, from place to place or from street to
street soliciting or taking or attempting to take orders for any goods, wares or merchandise
including books, periodicals, magazines or personal property of any nature whatsoever for future
delivery.
TRANSIENT MERCHANT: Any person, firm or corporation who engages temporarily in the
business of selling and delivering goods, wares or merchandise within the City, and who, in
furtherance of such purpose, hires, leases, uses or occupies any building, structure, vacant lot,
motor vehicle, trailer or railroad car. (Ord. 078-66, 7-5-1978; amd. Ord. 078-67, 8-21-1978)
3-18-2: LICENSE REQUIRED:
No peddler, solicitor or transient merchant shall sell or offer for sale any goods, wares or
merchandise within the City unless a license therefor shall first be secured as provided in this
Chapter. (Ord. 078-66, 7-5-1978)
3-18-3: APPLICATION AND ISSUANCE:
Application for such license shall be made to the City Clerk on a form supplied by the City. The
application shall state:
(A) The names and addresses of the applicant and of all persons associated with him in his
business;
(B) The type of business for which the license is desired;
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(C) In case of transient merchants, the place where the business is to be carried on;
(D) The length of time for which the license is desired;
(E) A general description of the thing or things to be sold;
(F) The places of residence of the applicant for the five (5) years next preceding the date of
application;
(G) Description and license number of all vehicles to be used; (Ord. 078-66, 7-5-1978)
(H) At the time of making application, the applicant shall, in writing, authorize the Farmington
Police Department to investigate all facts set out in the application and do a personal background
and criminal record check on the applicant. The applicant shall further authorize the Police
Department to release information received from such investigation to the City Council. Should
the City deny the applicant's request for a license due, partially or solely, to the applicant's prior
conviction of a crime, the City Council shall notify the applicant, in writing, of the following:
1. The grounds and reasons for the denial;
2. The applicable complaint and grievance procedure set forth in MSA 364.06;
3. The earliest date the applicant may reapply for a license; and
4. That all competent evidence of rehabilitation will be considered upon reapplying. (Ord.
097-399, 8-4-1997)
(I) When all of the requirements of this Chapter have been met, the Clerk shall issue the license.
(Ord. 082-134, 8-16-1982)
3-18-4: LICENSE FEES:
The City Council shall establish fees for licenses in the following categories:
(A) Per day;
(B) Per month;
(C) Per year. (Ord. 078-66, 7-5-1978)
3-18-5: CERTAIN SALES PROHIBITED:
No transient merchant, peddler or solicitor shall sell or solicit orders for goods or services which
are otherwise illegal. (Ord. 078-66, 7-5-1978)
3-18-6: DURATION OF LICENSE:
Each license shall be valid only for the period specified therein and no license may extend beyond
December 31 of the year in which it is granted. (Ord. 078-66, 7-5-1978)
3-18-7: LICENSE NOT TRANSFERABLE:
All licenses shall be nontransferable. No refunds shall be made on unused portions of licenses
except by resolution of the Council. Each peddler, solicitor or transient merchant shall secure a
separate license. (Ord. 078-66, 7-5-1978)
3-18-8: LICENSE TO BE CARRIED:
All licenses shall be carried by the licensee or conspicuously posted in his place of business and
the license shall be exhibited to any officer or citizen upon his request. (Ord. 078-66, 7-5-1978)
Page 67 of 86
3-18-9: PRACTICES PROHIBITED:
No peddler, solicitor or transient merchant shall call attention to his business or to his merchandise
by crying out, by blowing a horn, or ringing a bell, or by any loud or unusual noise. (Ord. 078-66,
7-5-1978)
3-18-10: EXEMPTIONS:
This Chapter does not apply to any sale under court order, to any bona fide auction sale, to a sale
at wholesale to a retail dealer, to a sale of agricultural products when such sales are made from the
premises of the owner or lessee of the lands from which said agricultural products are raised, or to
a sale to the public of personal property from the premises of the owner or lessee of the lands from
which the sales are made; provided, however, that no such activities may constitute a "home
occupation" as defined in Section 10-1-4 of this Code. (Ord. 082-134, 8-16-1982)
3-18-11: REVOCATION:
Any license may be revoked by the Council for a violation of any provision of this Chapter if the
licensee has been given a reasonable notice and an opportunity to be heard. (Ord. 078-66, 7-5-
1978)
3-18-12: PENALTY:
Any person who violates any provision of this Chapter is guilty of a misdemeanor and upon
conviction shall be punished by a fine not exceeding five hundred dollars ($500.00) or by
imprisonment for a period not exceeding ninety (90) days or both, plus, in either case, the costs of
prosecution. (Ord. 078-66, 7-5-1978)
Page 68 of 86
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 023-778
AN ORDINANCE AMENDING CHAPTER 18 OF THE FARMINGTON CITY CODE
REGARDING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
The City Council of the City of Farmington does ordain:
SECTION 1. AMENDMENT. Title 3 – Business Regulations, Chapter 18 – Peddlers, Solicitors
and Transient Merchants is hereby deleted in its entirety and replaced with the following
underlined language:
3-18-1: DEFINITIONS. Except as may otherwise be provided or clearly implied by context,
all terms shall be given their commonly accepted definitions. For the purposes of this chapter,
the following definitions shall apply unless the context clearly indicates or requires a different
meaning.
CANVASSER. See definition for solicitor.
NON-COMMERCIAL DOOR-TO-DOOR ADVOCATE. A person who goes door-to-door
for the primary purpose of disseminating religious, political, social, or other ideological beliefs.
For purpose of this article, the term door-to-door advocate shall fall under the term solicitor
and include door-to-door canvassing and pamphleteering intended for non-commercial
purposes.
PEDDLER. A person who goes from house-to-house, door-to-door, business-to-business,
street-to-street, or any other type of place-to-place movement, for the purpose of offering for
sale, displaying, or exposing for sale, selling or attempting to sell, and delivering immediately
upon sale, the goods, wares, products, merchandise, or other personal property that the person
is carrying or otherwise transporting. For purpose of this article, the term peddler shall have
the same common meaning as the term hawker.
PERSON. Any natural individual, group, organization, corporation, partnership, or similar
association. As applied to groups, organizations, corporations, partnerships, and associations,
the term shall include each member, officer, partner, associate, agent, or employee.
REGULAR BUSINESS DAY. Any day during which the city hall is normally open for the
purpose of conducting public business. Holidays defined by state law shall not be counted as
regular business days.
SOLICITOR. A person who goes from house-to-house, door-to-door, business-to-business,
street-to-street, or any other type of place-to-place movement, for the purpose of obtaining or
attempting to obtain orders for goods, wares, products, merchandise, other personal property,
or services of which he or she may be carrying or transporting samples, or that may be
Page 69 of 86
Ordinance No. 023-778
Page 2 of 7
described in a catalog or by other means, and for which delivery or performance shall occur at
a later time. The absence of samples or catalogs shall not remove a person from the scope of
this provision if the actual purpose of the person’s activity is to obtain or attempt to obtain
orders as discussed above. For purposes of this article, the definition for solicitor shall also be
the definition for canvasser.
TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle,
trailer, boxcar, tent, or other portable shelter, or empty store front for the purpose of exposing
or displaying for sale, selling, or attempting to sell, and delivering, goods, wares, products,
merchandise or other personal property and who does not remain in any one location for more
than 14 consecutive days. The term transient merchant shall mean the same as temporary
merchant or temporary vendor and shall exclude food trucks and mobile food units.
3-18-2: EXCEPTION. For the purpose of this chapter, the terms peddler, solicitor, and
transient merchant shall not apply to:
A) Any person engaging in non-commercial door-to-door advocacy.
B) Any person going from house-to-house, door-to-door, business-to-business, street-to-
street, or any other type of place-to-place movement for the primary purpose of exercising
that person’s state or federal constitutional rights (i.e., freedom of speech, freedom of the
press, freedom of religion). This exemption will not apply if the person’s exercise of
constitutional rights is merely incidental to what would properly be considered a
commercial activity.
C) Any person selling or attempting to sell at wholesale any goods, wares, products,
merchandise, or other personal property to a retail seller of the items being sold by the
wholesaler.
D) Any person who makes initial contacts with other people for the purpose of establishing or
trying to establish a regular customer delivery route for the delivery of perishable food and
dairy products, such as baked goods or milk.
E) Any person making deliveries of perishable food and dairy products to the customers on
his or her established delivery route.
F) Any person making deliveries of newspapers, newsletters, or other similar publications on
an established customer delivery route, when attempting to establish a regular delivery
route, or when publications are delivered to the community at large.
G) Any person conducting the type of sale commonly known as garage sales, rummage sales,
or estate sales.
H) Any person participating in an organized multi-person bazaar or flea market.
I) Any person selling or attempting to sell, or to take or attempt to take orders for, any product
grown, produced, cultivated, or raised on any farm.
J) Any person conducting an auction as a properly licensed auctioneer.
K) Any officer of the court conducting a court-ordered sale.
Exemption from these definitions shall not, for the scope of this chapter, excuse any person
from complying with any other applicable statutory provision or requirement provided by
another city ordinance.
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Ordinance No. 023-778
Page 3 of 7
3-18-3: LICENSING:
A) County license required. No person shall conduct business as a transient merchant within
the city without first having obtained the appropriate license from the county and the city
as required by Minnesota Statutes, Chapter 329, as it may be amended from time to time,
if the county issues a license for the activity.
B) City license or registration required. Except as otherwise provided for by this chapter, no
person shall conduct business as a peddler, solicitor, or transient merchant without first
having obtained a license from the city.
C) Application. An application for a city license to conduct business as a peddler, solicitor, or
transient merchant shall be made at least ten (10) regular business days before the applicant
desires to begin conducting a business operation within the city. Application for a license
shall be made on a form that is available on the City of Farmington website.
All applications shall include the following information:
1. The applicant’s full legal name.
2. Any and all other names under which the applicant conducts business or to which
the applicant officially answers to.
3. Complete and current personal contact information for the applicant.
4. Full legal name of any and all business operations owned, managed, or operated by
the applicant, or for which the applicant is an employee or an agent.
5. Complete and current business contact information for the applicant (if any).
6. The type of business or activity for which the applicant is applying for a license.
7. The dates during which the applicant intends to conduct business.
8. The location(s) where an applicant intends to set up or otherwise conduct business.
9. Written permission of the property owner or the property owner’s agent for any
location to be used by a transient merchant.
10. A statement as to whether or not the applicant has been convicted within the last
five (5) years of any felony, gross misdemeanor, or misdemeanor for violation of
any state or federal statute or any local ordinance, other than minor traffic offenses.
11. A list of the three (3) most recent locations where the applicant has conducted
business as a peddler, solicitor, or transient merchant.
12. Proof of any required county license.
13. A physical description of the applicant (hair color, eye color, height, weight, any
distinguishing marks or features, and the like).
14. A general description of the items to be sold or services to be provided.
15. A color copy of the applicant’s driver’s license or other acceptable form of photo
identification (copy must be of both sides of the driver’s license or identification).
16. The license plate number, registration information, description, and vehicle
identification number (VIN) for any vehicle(s) to be used in conjunction with the
licensed business operation; and
17. Any and all additional information as may be deemed necessary by the City Clerk.
18. Applications must be signed by and submitted in person by the applicant. A valid
photo ID is required.
19. Large groups (four or more applicants) require an appointment with the City Clerk.
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Ordinance No. 023-778
Page 4 of 7
D) Fee. All applications for a license under this chapter shall be accompanied by the fees
established in Chapter 12; 8-12-4: Fees and Charges Schedule. Fees must be paid at time
of application and cannot be prorated.
E) Investigation. A background investigation is required for peddlers, solicitors, and transient
merchants.
F) Procedure. Licenses will be approved pursuant to city code. The city may approve a license
with reasonable conditions, as deemed necessary.
Upon receipt of the application and payment of the license fee, the City Clerk will, within
two (2) regular business days, determine if the application is complete.
1. An application will be considered complete if all required information is provided. If
the City Clerk determines that the application is incomplete, the City Clerk must inform
the applicant of the required, necessary information that is missing.
2. If the application is complete, the City Clerk must order any investigation, including
background checks, necessary to verify the information provided with the application.
3. Within ten (10) regular business days of receiving a complete application , the City
Clerk must issue the license unless grounds exist for denying the license application
under Section 4, in which case the City Clerk must deny the request for a peddler,
solicitor, or transient merchant license.
4. If the City Clerk denies the license application, the applicant must be notified in writing
of the decision, the reason for denial, and the applicant’s right to appeal the denial by
requesting, within twenty (20) days of receiving notice of rejection, a public hearing
before the City Council. The City Council shall hear the appeal within twenty (20) days
of the date of the request for a hearing. The decision of the City Council following the
public hearing can be appealed by petitioning the Minnesota Court of Appeals fo r a
writ of certiorari.
G) Term. Licenses shall be valid for one (1) calendar year.
1. Unless otherwise stated in the license, the effective date of the license is the date of
issuance.
2. Unless otherwise stated on the license, a license granted under this article shall be valid
only through December 31 of the current year in which it was granted.
H) Special Event. Activities such as, but not limited to, exhibitions, carnivals, amusements,
rides, circuses, tent shows, street dances, parades, and outdoor sales require a Temporary
Outdoor Exhibition Permit, per city code Title 3, Chapter 17.
3-18-4: LICENSE DENIAL, SUSPENSION OR REVOCATION:
A) The following shall be grounds for denying, suspending, or revoking a peddler, solicitor,
or transient merchant license:
1. The failure of an applicant to obtain and demonstrate proof of having obtained any
required county license.
2. The failure of an applicant to truthfully provide any information requested by the city
as part of the application process.
3. The failure of an applicant to sign the license application.
4. The failure of an applicant to pay the required fee at time of application.
5. A conviction within the past five (5) years of the date of application for any violation
of any federal or state statute or regulation, or of any local ordinance, which adversely
reflects upon the person’s ability to conduct the business for which the license is being
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Ordinance No. 023-778
Page 5 of 7
sought in a professional, honest and legal manner. Such violations shall include, but
are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business
practices, and any form of actual or threatened physical harm against another person.
6. The revocation within the past five (5) years of any license issued to an applicant for
the purpose of conducting business as a peddler, solicitor, or transient merchant.
7. Any violations of this chapter.
B) Multiple persons under one license. The suspension or revocation of any license that
authorized multiple persons to conduct business as peddlers, solicitors, or transient
merchants on behalf of the licensee shall serve as a suspension or revocation of each
authorized person’s authority to conduct business as a peddler, solicitor, or transient
merchant on behalf of the licensee whose license is suspended or revoked.
C) Notice:
1. Prior to denying, revoking, or suspending any license issued under this chapter, the city
shall provide a license holder with written notice of the alleged violations and inform
the licensee of his or her right to a hearing on the alleged violation. Notice shall be
delivered in person or by mail to the permanent residential address listed on the license
application or, if no residential address is listed, to the business address provided on
the license application.
2. Hearing. Upon receiving the notice provided in part (a) of this section, the licensee
shall have the right to request a hearing before a hearing officer. If no request for a
hearing is received by the City Clerk within ten (10) days following the service of the
notice, the city may proceed with the denial, suspension, or revocation. For the purpose
of a mailed notice, service shall be considered complete as of the date the notice is
placed in the mail. If a public hearing is requested within the stated timeframe, a hearing
shall be scheduled within twenty (20) days from the date of the request for the public
hearing. Within three (3) regular business days of the hearing, the hearing officer shall
notify the licensee and the city of its decision.
3. Emergency. If, in the discretion of the city, imminent harm to the health or safety of
the public may occur because of the actions of a peddler, solicitor, or transient merchant
licensed under this ordinance, the city may immediately suspend the person’s license
and provide notice of the right to hold a subsequent public hearing as prescribed in part
3(b) of this section.
4. Appeal. Any person whose license is suspended or revoked under this section, and has
exhausted the appeal procedure in this section, shall have the right to appeal that
decision in court so long as it is appealed within twenty (20) days of the hearing
officer’s decision.
3-18-5: PROHIBITED ACTIVITIES: No peddler, solicitor, non-commercial door-to-door
advocate, or other person engaged in similar activities shall conduct business in any of the
following manner:
A) Calling attention to his or her business or the items to be sold by means of blowing any
horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably
audible within an enclosed structure.
B) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk,
alleyway, or other public right-of-way.
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Ordinance No. 023-778
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C) Conducting business in a way so as to create a threat to the health, safety, and welfare of
any specific individual or the general public.
D) Conducting business outside of the following hours:
a. 9 a.m. to 7 p.m., Monday through Friday.
b. 10 a.m. to 5 p.m., Saturday and Sunday.
E) Failing to provide proof of license, registration, or identification when requested.
F) Using the license or registration of another person.
G) Alleging false or misleading statements about the products or services being sold, including
untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim
to have the endorsement of the city solely based on the city having issued a license or
certificate of registration to that person.
H) Remaining on the property of another when requested to leave by the property owner, their
designee, or tenant.
I) Otherwise operating their business in any manner that a reasonable person would find
obscene, threatening, intimidating, or abusive
3-18-6: LICENSE TRANSFERABILITY. No license under this chapter shall be transferred
to any person other than the person to whom the license was issued.
3-18-7: EXCLUSION BY PLACARD. Unless specifically invited by the property owner or
tenant, no peddler, solicitor, transient merchant, non-commercial door-to-door advocate, or
other person engaged in other similar activities shall enter onto the property of another for the
purpose of conducting business as a peddler, solicitor, transient merchan t, non-commercial
door-to-door advocate, or similar activity when the property is visibly marked with a sign or
placard stating: “No peddlers, solicitors or transient merchants,” “peddlers, solicitors, and
transient merchants prohibited,” or other comparable statement. No person other than the
property owner, their designee, or tenant shall remove, deface, or otherwise tamper with any
sign or placard under this section.
3-18-8: PENALTY. Any individual found in violation of any provision of this article shall be
guilty of a misdemeanor and/or subject to an administrative citation, pursuant to city code Title
1, Chapter 4, Penalty.
3-18-9. SEVERABILITY.
If any provision of this ordinance is found to be invalid for any reason by a court of competent
jurisdiction, the validity of the remaining provisions shall not be affected.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191,
in the case of a lengthy ordinance, a summary may be published. While a copy of the entire
ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
This ordinance modifies certain terms relating to Peddlers, Solicitors, and Transient Merchants
including, but not limited to, licensing requirements, procedures, length of license term, and
hours when business may be conducted
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Ordinance No. 023-778
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SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effective on January
1, 2024.
Passed by the City Council of the City of Farmington, Minnesota, this 20th day of November 2023.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
Page 75 of 86
REGULAR COUNCIL AGENDA MEMO
To: Mayor, Councilmembers and City Administrator
From:Shirley Buecksler, City Clerk
Department:Administration
Subject:Ordinance Amending Title 6, Chapter 2, of the Farmington City Code as it Relates
to Licensing of Dogs
Meeting:Regular Council - Nov 20 2023
INTRODUCTION:
For Council review and adoption is an ordinance amending Chapter 2 of the Farmington City Code
related to licensing of dogs.
DISCUSSION:
City and Police Staff have met to discuss the current dog ordinance and agree that the changes
included in the attached amendment will be helpful to both pet owners and the City.
In 2022, the City of Farmington issued 49 lifetime and 20 two-year dog licenses. In 2023, only 44
lifetime and 4 two-year dog licenses were issued. According to the Farmington Police Department,
only one or two dogs are picked up each year and taken to the animal shelter. They added that
there is not much need for them to have a list of licensed dogs.
Staff surveyed other cities and found that many have discontinued the requirement to license and
issue identification tags for dogs in their communities, including:
Lakeville: no license required; pet owner information on website
Burnsville: discontinued requirement in 2019; pet owner rules and responsibilities on website
reads, website 2020; discontinued requirement Heights: Mendota January "Microchip
technology has become commonplace and is more effective than traditional metal licenses in
reuniting pet owners with lost animals"
Prior Lake: no license required; pet owner information on website
Owatonna: no license required for the past 13+ years; Clerk stated, "it's not cost effective to
enforce and requires a lot of man hours"
Maplewood: discontinued requirement in 2019; Clerk stated, "in a city of over 40,000
population, compliance was low. Under 300 dogs licensed and low benefit. No complaints -
everyone is happy."
The Cities of Hastings, Eagan, West St. Paul and South St. Paul, continue to offer two-year and/or
lifetime licenses for dogs.
Page 76 of 86
Proposed amendments to the Farmington City Code related to licensing of dogs include:
1. Removing the requirement for a dog license and receipt for such.
2. Removing the City's issuance of metal dog tags and replacing with language requiring that
household pets have identification to assist animal control in contacting the owner. This may
be microchips, rabies certificates, or any tags or collars with contact information and phone
number(s) inscribed on it.
3. Adding language that any dog may be impounded for violation of this chapter, as well as
adding language that the owner shall be responsible and shall pay for all boarding,
impoundment, and veterinarian fees before the dog is reclaimed.
4. For dangerous dogs, there was no change other than removing the requirement of the fee
for a regular dog license.
5. Any person who owns, keeps, or harbors any dog over the age of four (4) months is still
required to vaccinate their dog.
Attachments:
Ordinance 023-777 Related to Licensing of Dogs
Current City Code - Chapter 2, Dogs
Staff is recommending the attached ordinance amendment to bring the City's licensing procedures
in line with other metro cities. Information will be included on the City's website regarding pet
ownership rules and responsibilities.
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Conduct the public hearing, and motion to pass Ordinance 023-777 Amending Title 6, Chapter 2,
Sections 1, 2, 3, 5, 6, 8 and 16 of the Farmington City Code as it Relates to Licensing of Dogs. If
approved, this ordinance will be effective January 1, 2024.
ATTACHMENTS:
Ord 023-777 Licensing of Dogs
City Code Ch 2 Dogs
Page 77 of 86
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 023-777
AN ORDINANCE AMENDING TITLE 6, CHAPTER 2,
SECTIONS 1, 2, 3, 5, 6, 8 AND 16 OF THE FARMINGTON CITY CODE
AS IT RELATES TO LICENSING OF DOGS
The City Council of the City of Farmington ordains:
SECTION 1. Title 6, Chapter 2, Section 1 of the Farmington City Code is hereby deleted in its
entirety.
SECTION 2. Title 6, Chapter 2, Section 2 of the Farmington City Code is hereby deleted in its
entirety.
SECTION 3. Title 6, Chapter 2, Section 3 of the Farmington City Code is amended by adding
the underlined language and deleting the strikethrough language as follows:
6-2-3: TAGSIDENTIFICATION REQUIRED:
All household pets are required to have some identification on them that would assist
animal control in contacting the owner. Identification allowed under this subdivision
includes microchips, veterinarian issued rabies certificates, or any tags or collars with
contact information and phone number(s) inscribed on it.
The Clerk shall also procure a sufficient number of suitable metallic tags, the shape and/or
color of which shall be different for each license year. The Clerk, or designated
representative, shall deliver one appropriate tag for each dog to the owner when the license
fee is paid.
The owner shall cause said tag to be affixed by a permanent metal fastener to the collar of
the dog so licensed in such a manner so that the tag may easily be seen by police officers
of the City. The owner shall see to it that the tag is constantly worn by such dog.
SECTION 4. Title 6, Chapter 2, Section 5 of the Farmington City Code is amended by adding
the underlined language and deleting the strikethrough language as follows:
6-2-5: IMPOUNDING OF UNLICENSED DOGS AND FEES:
If the dog is licensed, officers will attempt to contact the owner and return the dog. If the
dog is unlicensed, officers will transport the dog to Castle Rock Kennelsthe contracted dog
shelter. The dog will remain there until the owner is contacted or for five (5) days,
whichever is shorter. The City is responsible for housing fees on those dogs. Identified pet
owners are responsible for fees on boarding their pets when they are located. Any dog may
be impounded for violation of this chapter. The owner shall be responsible for and shall
pay all boarding, impoundment, and veterinarian fees before the dog is reclaimed.
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Ordinance No. 023-777
Page 2 of 3
SECTION 5. Title 6, Chapter 2, Section 6 of the Farmington City Code is amended by adding
the underlined language and deleting the strikethrough language as follows:
6-2-6: REDEMPTION OF IMPOUNDED DOGS:
If the dog is unlicensed and no owner is located within five (5) days, Castle Rock
Kennelsthe contracted dog shelter will look for alternative placement or adoption.
SECTION 6. Title 6, Chapter 2, Section 8, Subsection (C) of the Farmington City Code is
amended by adding the underlined language and deleting the strikethrough language as follows:
6-2-8: DANGEROUS DOGS
(C) Fees:
1. Registration: The City shall charge an annual registration fee, in addition to any
regular dog licensing fees,which amount shall be set by resolution of the City
Council from time to time.
SECTION 6. Title 6, Chapter 2, Section 16 of the Farmington City Code is amended by adding
the underlined language and deleting the strikethrough language as follows:
6-2-16: RABIES VACCINATION:
No person shall own, keep or harbor any dog over the age of four (4) months within the
Ccity unless the dog had been vaccinated for rabies. At the time a license is issued, the
owner of the dog shall provide proof that the dog being licensed has been vaccinated
against rabies within the previous thirty-six (36) months.
FA192 6-3.txt
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes, Section 412.191,
in the case of a lengthy ordinance, a summary may be published. While a copy of the entire
ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
This ordinance amendment includes the following changes:
• Eliminating the requirement to license dogs with the City of Farmington.
• Adding language that requires identification, whether by microchip, tag, or collar, on all
household pets.
• Adding language that any dog may be impounded for violation of this chapter.
• Adding language that the owner shall be responsible for and shall pay for all boarding,
impoundment, and veterinarian fees before the dog is reclaimed.
• Maintaining rabies vaccination requirement but removing language in regard to licensing.
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Ordinance No. 023-777
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SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effective on January
1, 2024.
Passed by the City Council of the City of Farmington, Minnesota, this 20th day of November 2023.
ATTEST:
____________________________ ______________________________
Joshua Hoyt, Mayor Shirley R Buecksler, City Clerk
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