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HomeMy WebLinkAboutMay 03, 2016 OFFICIAL PROCLAMATION A PROCLAMATION OF THE CITY OF SHAKOPEE DECLARING BOTH MAY AS BIKE TH MONTH AND MAY 20 AS BIKE TO WORK DAY FOR THE CITY OF SHAKOPEE ________________________________________________________________________________ Whereas , the bicycle is a viable and environmentally sound form of transportation and an excellent form of recreation; and Whereas , thousands of Shakopee residents will experience the joys of bicycling during the month of May through educational programs, races, commuting events, charity events, or just getting out and going for a ride; and Whereas , attracts many bicyclists each year from around the Metropolitan area and provides economic, health, and scenic benefits to citizens of Shakopee; and Whereas , Shakopee has made a commitment to improving bicycling infrastructure and safety by establishing the Bicycle Advisory Committee, and both Shakopee and Scott County make considerations for cyclists and pedestrians in roadway designs, and are working cooperatively to provide connections to the Minnesota River Bluffs Regional Trail, area parks, and attractions; and Whereas , these bicycling activities and attractions have great potential to have a positive impact on economy and tourism industry and to stimulate economic development by making Shakopee attractive to businesses and citizens who enjoy the outdoors and healthy lifestyles; and Whereas , creating bicycle-friendly communities has been shown to improve ci- being, and quality of life, to boost community spirit, to improve traffic safety, and to reduce pollution and congestion; and Whereas , May has been declared National Bike Month for each of the last 60 years, and is so again in 2016; and Whereas , the League of American Bicyclists, the Shakopee Bicycle Advisory Committee, area bicycle clubs, schools, Saint Francis Hospital, companies and civic groups throughout Shakopee and the surrounding area will be promoting bicycling as a leisure activity as well as an environmentally-friendly alternative to the automobile during the month of May 2016; and Whereas , the education of bicyclists and motorists as to the proper and safe operation of bicycles is important to ensure the safety and comfort of all users; and Whereas , the Great Scott Cycling Club, Bicycle Alliance of Minnesota, Bike Walk Twin Cities, Twin Cities Bicycling Club, People For Bikes, and other organizations across the state will promote bicycle safety during the month of May 2016; and NOW, THEREFORE, BE IT RESOLVED that the members of the City Council of the City of Shakopee hereby recognize the month of May 2016 as National Bike Month and Friday, May 20 as Bike to Work Day; and BE IT FURTHER RESOLVED that the City Council of the City of Shakopee urges all who support bicycling to participate in the events planned and urges all road users to share the road safely with bicyclists. SAMPLE RESOLUTION OR Passed in regular session of the City Council of the City of Shakopee, Minnesota held this ______ day of May, 2016. ___________________________________ William Mars, Mayor of the City of Shakopee ___________________________________ Jay Whiting City Councilor ___________________________________ Kathi Mocol City Councilor ___________________________________ Matt Lehman City Councilor ___________________________________ Mike Luce City Councilor Attest: _________________________, Lori Hensen, City Clerk engineering planning environmental construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 February 26, 2016 Mr. Bruce Loney City of Shakopee 500 Gorman Street Shakopee, MN 55379 Re: East Amazon Parcel Discharge Proposal to Perform Drainage Study along Hwy 101 Dear Mr. Loney: We appreciate the opportunity to assist you in performing a drainage study adjacent to the Hwy 101 crossing in the vicinity of the east discharge of the Amazon parcel flowing north towards the Three Rivers Park District parcel. It is our understanding that downstream conveyance issues have arisen on the north side of Hwy 101 in the Three Rivers Park District since development has occurred in the sub-watershed, more specifically, since the Amazon parcel upstream of the park has developed. Outlined below please find the work plan associated with completing the drainage study to evaluate drainage system improvements at the point of discharge from the Amazon Parcel north across the railroad to the Hwy 101 south of the eastbound lane. Task 1 Review the Storm Water Hydrologic Model for the Area. This task consists of utilizing and adjusting as necessary, the XPSWMM model for the City of Shakopee, specifically the sub-watershed that includes the Amazon parcel and the discharges outlined in the SWMM model submitted by BKBM when Amazon developed. This analysis th includes the XPSWMM modeling of the 4 Avenue and Sherer Brothers drainage system tributary to the Hwy 101 drainage crossing to the east. Additionally, this task may also include the following: Review Parameters Used to Estimate Discharges Reviewing the general parameters used to establish the individual sub-watershed discharges and adjust the model where necessary to represent the develop conditions of the Amazon parcel and Hwy 101 immediately downstream of the point of discharge. Consistent with our discussions, we will focus on conveyance of discharge from the Amazon East site that currently flows to the north through Three Rivers Park District at the applicable design rate for the Hwy 101 right of way and the design rate for pre- development (existing) conditions of the Amazon parcel. One issue is the increase in runoff volume from the Amazon site due to development. Since the runoff volume is difficult to maintain at pre-development conditions due to site conditions, our approach will be to effectively re-route the Amazon site discharge to the east if this option is St. Cloud Minneapolis St. Paul Equal Opportunity Employer wsbeng.com C:\\Users\\jsandberg\\Documents\\East Amazon Parcel Discharge East - Shakopee Proposal 2-26-16.docx Mr. Bruce Loney February 26, 2016 Page 2 approved in the County right of way and Railroad property, leaving the other tributary areas to the storm system under Hwy 101 flowing in to Three Rivers Park District. The Hwy 101 drainage from the westbound lane and the north side of the east bound lane will continue to flow to the Three Rivers Park discharge location as it always has, but the runoff from the south side of the eastbound lane will be rerouted to the east along with the east segment of Amazon parcel. Since we will be re-routing the runoff from the south side of Hwy 101 the result will be a reduction of flow rate and volume going north to less than pre-developed conditions. We will determine flow patterns in the Hwy 101 ditch system east as well as potential downstream conveyance routes across Hwy 101 to the north through this effort. Please be advised that a preliminary review of the existing system indicates that discharge is across the east property boundary of the Three Rivers Park District, and within a known archeological area. The improvement of the conveyance system through this area may be extensive based on the potential age of the culverts. We estimate up to 40 hours of staff time for this effort. Survey data will be required to confirm surface topography and pipe locations and grade. We will provide up to 2 days of field survey for an additional hourly not-to-exceed cost of $3,600 Task 2 Identify potential conveyance routes and make recommendations on preferred alternatives. This Task will utilize the design peak discharges determined in Task 1 and provide alternatives to convey the discharges up to the design event. We anticipate coordination related to known cultural resources in the area with representatives from the affected Tribal communities and potentially SHPPO. Additionally, we anticipate coordination with Scott County will be required. Maintenance, aesthetics, and functionality will also be considered for each option prepared. These options will be schematic in nature, and permitting is not a part of this scope. If preliminary design documents are required, a subsequent work order will need to be executed. We estimate up to 52 hours of staff time for this effort, including exhibit preparation for the concepts but not including permitting or design documents. We have assumed up to 2 meetings with stakeholders in our estimated fees. This task will include two cost estimates for the most feasible alternatives based on communications with parties involved. Estimated Cost Tasks 1 and 2 are proposed to be completed on an hourly basis for an estimated cost of $12,420. If we are approaching the agreed upon limit and additional work is still required, we will get your written approval for additional budget prior to exceeding the above fee. If the scope changes or additional options beyond that outlined above are requested, the fee above would increase accordingly. If field survey is ordered to complete Task 1 and/or 2, upon your approval, we will provide up to 2 days of field survey for an additional hourly not-to-exceed cost of $3,600. C:\\Users\\jsandberg\\Documents\\East Amazon Parcel Discharge East - Shakopee Proposal 2-26-16.docx Mr. Bruce Loney February 26, 2016 Page 3 Please call me if you would like to discuss or need additional information. Sincerely, WSB & Associates, Inc. Jeffry S. Sandberg, PE Senior Project Manager ACCEPTED BY: City of Shakopee By: ______________________________ Title: ______________________________ Date: ______________________________ By: ______________________________ Title: ______________________________ Date: ______________________________ By: ______________________________ Title: ______________________________ Date: ______________________________ LANDING Area Study THE SITE Arrow Culvert AMAZON Drainage Existing City of Shakopee, MN Quote Request Tree Injection Services Overview: The City of Shakopee is requesting quotes from qualified contractors to provide the Department of Public Works with a proposal to provide trunk injection services for ash trees growing on city properties, private properties, and home owners associations. Specifications: All submissions must comply with the specifications within this request. Instructions: Quotes may be submitted via hardcopy or email. Proposals must be marked Tree Injection Servicesand addressed to Jacob Busiahn, Natural Resources Technician, 500 Gorman St., Shakopee, MN 55379; or emailed to jbusiahn@shakopeemn.gov. Please include Company Name, Title, Address and Contact Phone Number. The City reserves the right to reject any or all proposals, to waive technicalities, and to select a contractor based upon the best interests of the City. No proposal may be withdrawn for a period of sixty days after the due date. Submission Deadline: Quote submissions must be submitted no later than Friday April 8th, 2016 at 1:00 pm. Location: 500 Gorman St., Shakopee, MN 55379 Signed: Jacob Busiahn, Natural Resources Technician 1 | Page Request for Quotes I. GENERAL PROVISION A.Request for Quotes The City of Shakopee is requesting quotes from professional tree service contractors to provide tree injection services for ash trees within three separate areas: Public property (parks and right-of-way (ROW)), residential private property, and homeowners associations (HOAs) over a three (3) year time period. Proposals must itemize the costs for tree injection within each area. Refer to Attachments (A), (B), and (C). The ash tree injections on city properties are a known quantity, but the trees on private property and homeowners associations are owned by the underlying party and there is no guarantee of participation in the program. The quote being obtained for tree injections on private property and HOAs enables residents and associations to receive a bulk discount for participating in the city program along with the work being completed on city properties. GPS points must be collected/updated for each tree tree inventory. The contractor is required to provide their own mobile device which is compatible with the ArcGIS Collector application, which requires internet access. If the contractor desires, the City will provide the point feature class (.shp or .mdb) with all collected/updated ash tree data. Ash trees must be injected with TREE-äge® or approved alternative as a preventative treatment for emerald ash borer. The selected contractor will provide the appropriate injection equipment, insecticides, and trained personnel to complete the project in the time set forth in this agreement. Area 1- Public property (right-of-way and parks) There are approximately 565 ash trees (9,485 diameter inches at breast height) Ash tree injections on public property will be completed over three (3) years, with 189 o completed in year one (1), 188 in year two (2), and 188 in year three (3). The City reserves the right to increase or decrease quantities o stst All ash injections must be completed between June 1- July 31 of each year. o Any variances in dates must be approved by the natural resources technician. trees. All invoices will be remitted to the City of Shakopee and itemized by address/park listing and unique number assigned to each tree. Area 2 Residential Private Property (Shakopee residents) The homeowner will call the contractor directly to initiate an inspection, receive a quote and provide permission for work. The contractor must collect GPS data using the Cit injected tree. Data will be made available to contractor upon request. stth All ash injections must be completed between June 1 and September 30 of each year or before fall leaf color, whichever occurs sooner. Any variances in dates must be approved by the natural resources technician. All invoices will be remitted to the homeowner. With approval from the City, residents may hire the successful contractor to treat trees on public property which are not being treated by the City. This circumstance shall meet the requirements of Area 2. 2 | Page Area 3 Homeowners Association (HOAs) The HOA will call the contractor directly to initiate an inspection, receive a quote and provide permission for work. injected tree. Data will be made available to contractor upon request. stth All ash injections must be completed between June 1 and September 30 of each year or before fall leaf color, whichever occurs sooner. Any variances in dates must be approved by the natural resources technician. All invoices will be remitted to the HOA. B.Proposers A proposer must be a properly insured, respected, financially viable company that has been in business for at least five (5) years, with at least three (3) years of experience performing plant health care or injection treatments for local units of government or other public agencies. The company must have the ability to assist in formulating a marketing and education plan and materials in order to promote the program to the public. There must be at least one ISA certified arborist available to supervise the program and the application crew(s). All members of the application crew must be licensed Minnesota commercial pesticide applicators. The proposer must have at least one person available to GPS each and update inventoried trees injected on public property. Each proposer must provide a list of three (3) municipal or public agency references. Each reference must include the name and address of the jurisdiction where the proposer has performed similar work and the name and daytime telephone number of an individual who still works for the jurisdiction for contact. The work should not be more than three (3) years old. Refer to Attachment (D) Qualifications. C.Instructions for Proposal All Proposals must be: Written in ink or typewritten on a proposal form with all requested information. Emailed, hand delivered or received by the deadline established. Questions about the proposal, selection, reporting requirements or approvals should be directed to Jacob Busiahn, Natural Resources Technician at the City of Shakopee at (952) 233-9371 or via email at: jbusiahn@shakopeemn.gov . D.Insurance All organization and individuals working in City of Shakopee Right-Of-Way and/or Easement areas are required to and shall provide a Certificate of Insurance verifying that insurance meeting the following requirements is current and active. Commercial general liability (CGL) insurance, with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $2,000,000. The CGL insurance shall cover liability arising from premises, and operations; independent contractors; products and completed operations; personal and advertising injury contractually assumed liability. 3 | Page Umbrella/Excess insurance if any. The Certificate of Insurance must specifically verify that the contractor is insured against claims for personal and bodily inquiry including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the contractor, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the contractor, its officers, agents, employees and permittees, including but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property. The registrant shall maintain automobile liability insurance with a limit of not less than $2,000,000 combined single limit. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned vehicles. The Co requirements of the State of Minnesota or provide evidence of the qualification as a self-insurer of Liability with minimum limits as follows: $500,000 Bodily injury by Disease per employee $500,000 Bodily injury by Disease aggregate $500,000 Bodily injury by Accident An Umbrella or Excess Liability insurance policy limits on a follow-form basis to satisfy the minimum policy limits. -contributory to any other valid and collectible insurance available to the City. The Ce the City be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term. E. Indemnification The Contractor must indemnify and hold harmless the City and its employees from and against all performance of the work, provided that any such claim, damage, loss or expense is: (a) Attributable to bodily injury, sickness, disease or death, or to injury to, or destruction of tangible property (other than the work itself) including the loss of use resulting there from, and (b) Caused in whole or in part by any negligent or wrongful act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them for whose acts any of them may be liable. F. Contract Form The contract form of agreement will be furnished by the City of Shakopee. A sample copy of the C contract is attached in Attachment (E). G. Contractor Selection 4 | Page The City will select the contractor based on its evaluation of quality, experience, price and other factors it deems to be in the CThe City reserves the right to reject any and all proposals. H.Non-Discriminatory Practices The contractor agrees during the life of this contract not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age. This contract may be cancelled or terminated by the City, and all money due or to become due hereunder may be forfeited, for a second or subsequent violation of the terms and conditions of this paragraph. I. Contract Period and Project Completion Dates The contract will commence on date of contract award in June 2016 and terminated September 30, 2018 unless terminated sooner in accordance with the provisions contained in this contract. At the expiration of the initial contract term, the City, at its sole discretion may extend the contract for up to three (3) additional years. The proposal price for the option years shall be, at minimum, the proposal price for 2016 adjusted by the percentage increase in the consumer price index for all urban areas (CPI-U) from December 2015 to December 2016. Both the City and the contractor must agree to such terms in writing. st The tree injection period for Public Trees (Area 1) will run from approximately June 1st-July 31 of each year. The tree injection period for Private Trees (Area 2&3) will run from approximately June 1st- th September 30 of each year. The contractor may reserve the right to group tree injections based on geographic proximity within the injection period in order to achieve the efficiency needed to provide a discounted rate. Injections will occur on trees that have fully expanded leaves and have not reached fall senescence (fall leaf color). The natural resources technician reserves the right to extend or limit the time period based on seasonal conditions. If the injection period proposed by the City cannot be met, list alternative deadlines in Attachment (D) Qualifications. Prior to beginning work under this contract, the contractor must arrange for a meeting with the natural resources technician at which time specifications will be reviewed and the scheduling and progression of work will be discussed. At that meeting the contractor shall be represented by the superintendent and the individual(s) arborist(s) who will be representing the contractor during the progress of this contract. Assigned applicators may be required to provide an on-site demonstration prior to the start of the project. To arrange for such a meeting, call Jacob Busiahn, natural resources technician at the City of Shakopee Public Works Department at 952-233-9371. The meeting must take place prior to the intended start of work and no work may commence without such a meeting. th The entire project must be completed by September 30of each year unless the City approves an extension or alternate proposed timeline. J.Subcontractor No subcontractors will be allowed for the injection contract. The qualifying contractor must be capable of completing all tree injection, GPS, and marketing work as specified. K.Superintendence by Contractor 5 | Page The contractor must have a competent superintendent who is an ISA certified arborist supervising all application crews. The contractor must also provide an adequate and qualified staff certified by the Minnesota Department of Agriculture for the proper coordination and expediting of work under this agreement. Resumes/lists of qualifications must be included in the proposal, see Attachment (D) Qualifications for requirements. L. Basis of Payment Payment for injections on city property will be made within 30 days of acceptance of the work, based on the C The contractor is responsible for invoicing the property owner/association for tree injections on private property and HOAs and collecting those payments. The city has no responsibility for the private property and HOAs tree injections. The Contractor is responsible for taking any action needed to collect any unpaid invoices with respect to these services. The City is not responsible for any services provided on private property. II. Tree Injection Specifications A. General It is the intent of these specifications to describe the tree injection program requirements for each area. (a) Area 1: City property (b) Area 2: Private property (c) Area 3: Home Owners Associations The goals of the program are to: Protect ash trees from emerald ash borer infestation on public property. Provide a bulk discount through a formal city program to encourage residents and HOAs to proactively inject their ash trees s tree canopy and the accompanying economic and environmental benefits. Educate city residents about the benefits of tree injection treatments for high value ash trees as part of an overall EAB plan. Collect GPS points for injected ash trees growing on private property and HOAs in advance of an emerald ash borer infestation. The information will be used to ensure communication occurs before condemning potentially protected trees, and to gauge the participation and success of the program over time. B.Equipment and Treatment Specifications Applicators must demonstrate proficiency with the injection equipment and knowledge of the products used to prevent EAB. Assigned applicators may be required to provide an on-site demonstration prior to the start of the project. A description of the training program is required in Attachment (D) Qualifications. Safety Standards: The contractor must use work methods, safety procedures and personal protective equipment conforming to all ANSI A300, Z133 and OSHA standards in performing the work under this contract. The contractor must supply any Material Safety Data Sheets (MSDS) to the City upon request. Formulation Rates: 6 | Page It is the responsibility of the contractor to follow all insecticide or fungicide label instructions. Any alterations in the formulations or equipment must be approved in advance by the natural resources technician unless otherwise specified in this contract. In order to remain responsive to emerging research, the City reserves the right to request a change in formulation rates or application methods for the duration of the contract. Any such change and additional costs incurred would be agreed to in written correspondence between the contractor and the City. ͵ 1) All injections of ash trees must be with a liquid formulation of 4% TREE-äge®The City may give preference to formulations that pose the lowest health risks to applicators as determined by the US EPA signal word listed on the product label. No substitutions of the formulations shall be allowed unless approved by the City. 2) All Public Trees (Area 1) are to be treated every 3 years unless otherwise specified by the City. The City reserves the right to change this interval at any time in response to the latest research. Private Trees (Area 2&3) are proposed to be treated every 3 years, with the option for the property owner to request treatment every 2 years. 3) Contractors must inject TREE-äge®at the medium rate (5 ml / inch DBH) with the exception of Public Trees (Area 1) less than 22 inches DBH which shall receive a low rate (2.5 ml / inch DBH); as shown on the specified chart Attachments (A), (B), and (C). Determination of dosage shall be on the inches of diameter at breast height (DBH) within specific diameter classes listed in Attachment (A), (B), and (C). 4) Injections must be made at the soil line to ensure the best distribution of the insecticide throughout the tree. Trees equal to or greater than 22 inches DBH must be injected with a Tree I.V. system diluted with water. The contractor may have to pull back mulch, grass, or soil. Equipment: It is the responsibility of the contractor to provide all necessary equipment to complete the contract under these specifications. 1) Equipment must remain in proper operating condition throughout the term of the contract. The contractor is responsible for cleaning and providing upkeep to the injection system on a daily basis. Any maintenance issues or repairs are the sole responsibility of the contractor. 2) Contractor must use a high-helix drill bit and must replace the drill bits after every 100 DBH inches to maintain high efficiency. Drilled holes must be the size recommended by the injection equipment manufacturer. The City may give preference for injection systems that require the smallest diameter holes. Indicate the diameter of drilled holes in Attachment (D) Qualifications. 3) Injection holes on ash must be drilled to a depth of approximately 1 inch below the bark to maximize delivery of TREE-äge®into ash trees. 4) TREE-äge®must be injected into ash trees using current industry standard injection systems that have efficacy data that supports their use. 5) All injected trees must be tagged with the year of injection clearly indicated on the tag. The contractor must provide tags for all injected trees. The tags must be of a design and type that can persist on the tree for at least 3 years. C.Guarantee and Warranty The successful proposal must offer a clear written guarantee and warranty for tree injections based on contractor-dictated criteria, if one exists. Describe the period of time and all criteria and eligibility for ash (EAB) tree injections in Attachment (E) Qualifications. If a healthy injected tree dies of EAB within the guarantee period, the contractor must uphold their agreement with the property owner as written within the proposal. 7 | Page D.Tree Feature Class Attributes ArcGIS database and required to collect/update GPS points for all injected ash trees. Ash trees on public property already have GPS points created, but will need to be updated. GPS points for trees on private property will need to be created and attributes collected. The contractor is required to provide their own mobile device which is compatible with the ArcGIS Collector application, which requires internet access. If the contractor desires, the City will provide the point feature class (.shp or .mdb) with all collected/updated ash tree data. Every effort should be made to collect x-y coordinates within 5 meters of the tree. In the event this accuracy cannot be met, horizontal accuracy of 20 meters will be accepted if verified with aerial photography to ensure the approximate location of the tree on a property. The successful proposal will highlight the work process to ensure that data collected is accurate, efficient and accountable. E. Property Access and Notification The contractor shall not enter private property without having previously obtained permission from the property owner. If the contractor desires to enter private property to access trees on a city owned on the door at the time of the site visit or making a phone call ahead of time. The natural resources technician city site through private property. F. Contract Supervision and Form of Order to Proceed The natural resources technicianwill assign trees growing on city property to the contractor when the program commences. The City will continuously refer residents/associations interested in private property tree injections to the contractor throughout the treatment period of June-September of each year in a format mutually agreed upon prior to the start of the program. The City will reserve the right to request locations planned for treatment during the week and conduct spot checks. G. Required Tree Inspections on Private Property On private property, prior to recommending treatment, all proposed ash trees must be inspected by a qualified individual employed by the contractor. There may be instances when a tree is not in suitable health or condition to recommend treatment, and the contractor must have an individual experienced in communicating tree information to the general public. The person assigned to inspect the trees must be, at the very minimum, a Certified Minnesota Tree Inspector, or have a degree in forestry, or be an ISA Certified Arborist. The individual must be qualified to diagnose emerald ash borer and have experience evaluating tree condition. Additionally, the individual must be able to explain the benefits and risks of all ash protection options, with regard to pollinators, water quality, human health, and tree health and condition. Refer to Attachment (D) Qualifications. H.Required Tree Inspections on Public Property The list of trees to be treated on public property have been inspected and at the time of inspection deemed suitable for treatment. A second inspection by the contractor is required before treatment to assess any unnoticed or new condition which may disqualify it from treatment. If any of the following 8 | Page conditions are present, the contractor shall consult with the natural resources technician before treatment. More than 30% canopy decline Signs of severe decay in trunk or major branches A crack in trunk or major branch Broken limbs larger than 4 diameter inches Any fungal fruiting body on trunk Any other condition which may make it unsuitable for treatment Applicators must have the knowledge to identify all of these conditions. I. Maps At the beginning of the contract performance period, the City will provide maps and working spreadsheets with ash trees to be injected on public property. J.Hours of Operations and Uniform The City reserves the right to set limits on hours of operation on Saturdays, Sundays and holidays. All weekend or holiday work must be approved by the natural resources technician ahead of time. The certified applicators and GPS staff must wear company uniform and/or a high visibility/safety vest at all times during field operations. Every vehicle associated with the treatment program must display a company logo or name. III.Evaluation and Selection In order for the submitted quote to be considered it must provide a price on Attachment A, B, & C, as well as completed Attachement D. A selection committee comprised of city staff will review submitted quotes. This committee will recommend acceptance based on individual evaluations of each submission, judged on the best interests of the City including the following factors: A.Deadline All proposals will be considered that are received no later than the date specified on in this request for proposals. The City of Shakopee reserves the right to disregard proposals received after the specified deadline. B.Ash Tree Injection Price Quote Form for City Owned Property See Attachment (A) for required information. C.Ash Tree Injection Price Quote Form for Residential Private Property See Attachment (B) for required information. D.Ash Tree Injection Price Quote Form for Home Owners Associations See Attachment (C) for required information. E. Qualifications of Proposers 9 | Page See Attachment (D) for required information. F. Timeline for Completion Proposers must be able to complete all of the guaranteed treatments on city property (Area 1) by July st 31 and all other ash treatments by September 30th of each calendar year during the two year contract period. All private property and HOA ash tree treatments must be completed within the appropriate season following the customerrequest. G. Industry Accepted Standards All proposals must comply with industry standards. H.Contact Information/Questions Questions about the selection, reporting requirements or approvals should be directed to Jacob Busiahn, natural resources technician for the City of Shakopee, at (952) 233-9371 or via email at: jbusiahn@shakopeemn.gov I. Attachments A) Ash Tree Injection Price Quote Form for City Property B) Ash Tree Injection Price Quote Form for Residential Private Property C) Ash Tree Injection Price Quote Form for Home Owners Association D) Qualifications E) Agreement 10 | Page Tree Injection Services Attachment A Ash Tree Injection Price Quote for Emamectin benzoate Public Property (Area 1) over three year time period at the Low Rate (2.5ml/tree diameter inch) for < 22 DBH and Medium Rate (5ml/tree diameter inch) for =>22 DBH. You must list a price for each diameter class, even if the estimated quantity is zero. Low Rate Tree Diameter Number of Price Per Quote Price per inch (ml. product/tree) (DBH) Class in trees (A) Tree (B) (Number of (DBH) *this may inches trees x Price vary from *Medium Rate per tree) (C) diameter class (ml. product/tree) to diameter w/Tree IV class 28 10-12 126 $ $ $ 35 13-15 134 $ $ $ 43 16-18 136 $ $ $ 50 19-21 66 $ $ $ 115* 22-24 55 $ $ $ 130* 25-27 25 $ $ $ 145* 28-30 14 $ $ $ 160* 31-33 6 $ $ $ 175* 34-36 1 $ $ $ 190* 37-39 2 $ $ $ 205* 40-42 0 $ $ $ 220* 43-45 0 $ $ $ 235* 46-48 0 $ $ $ 250* 49-51 0 $ $ $ 265* 52-54 0 $ $ $ 280* 55-57 0 $ $ $ 295* 58-60 0 $ $ $ 310* 61-63 0 $ $ $ 325* 64-66 0 $ $ $ 340* 67-69 0 $ $ $ 355* 70-72 0 $ $ $ Total Amount Quote (Sum of Column C) $_________________________ (Number of trees x price per tree) Name of ____________________________ Authorized ____________________________ Company: Signature: Address: ____________________________ Date: ____________________________ Phone:____________________________ 11 | Page Tree Injection Services Attachment B Ash Tree Injection Price Quote for Emamectin benzoate Residential Private Property (Area 2)at the Medium Rate (5ml/tree diameter inch). There is no guarantee on the number of trees that will be injected in this area, since the work will be initiated by residents. Tree injections completed for private property trees will be invoiced directly to the homeowner. Based on a 2010 statistically valid sample survey, there are an estimated 25,500 total ash trees in maintained areas within the City, of which 9,741 are listed . For purposes of the proposal, you must provide a price for each diameter class. Medium Tree Number of trees Price Per Tree Price per inch (DBH) Rate Diameter (A)(B)*this may vary from (ml. (DBH) diameter class to product/tree) Class in diameter class inches 10-12 1 $$ 55 13-15 1 $$ 70 16-18 1 $$ 85 19-21 1 $$ 100 22-24 1 $$ 115 25-27 1 $$ 130 28-30 1 $$ 145 31-33 1 $$ 160 34-36 1 $$ 175 37-39 1 $$ 190 40-42 1 $$ 205 43-45 1 $$ 220 46-48 1 $$ 235 49-51 1 $$ 250 52-54 1 $ $ 265 55-57 1 $ $ 280 58-60 1 $ $ 295 61-63 1 $ $ 310 64-66 1 $ $ 325 67-69 1 $ $ 340 70-72 1 $ $ 355 Total Amount Quote (Sum of Column B) $_________________________ (Number of trees x price per tree) Name of ____________________________ Authorized ____________________________ Company: Signature: Address: ____________________________ Date: ____________________________ Phone: ____________________________ 12 | Page Tree Injection Services Attachment C Ash Tree Injection Price Quote for Emamectin benzoate Home Owners Associations (Area 3) at the Medium Rate (5ml/tree diameter inch) There is no guarantee on the number of trees that will be injected in this area. The work will be initiated by HOAs. Tree injections completed for HOAs will be invoiced directly to them. The number of HOA ash trees is unknown at this time. For purposes of the proposal, you must provide a price for each diameter class. Medium Tree Number of trees Price Per Tree Price per inch (DBH) Rate Diameter (A)(B)*this may vary from (ml. (DBH) diameter class to product/tree) Class in diameter class inches 10-12 1 $$ 55 13-15 1 $$ 70 16-18 1 $$ 85 19-21 1 $$ 100 22-24 1 $$ 115 25-27 1 $$ 130 28-30 1 $$ 145 31-33 1 $$ 160 34-36 1 $$ 175 37-39 1 $$ 190 40-42 1 $$ 205 43-45 1 $$ 220 46-48 1 $$ 235 49-51 1 $$ 250 52-54 1 $ $ 265 55-57 1 $ $ 280 58-60 1 $ $ 295 61-63 1 $ $ 310 64-66 1 $ $ 325 67-69 1 $ $ 340 70-72 1 $ $ 355 Total Amount Quote (Sum of Column B) $_________________________ (Number of trees x price per tree) Name of ____________________________ Authorized ____________________________ Company: Signature: Address: ____________________________ Date: ____________________________ Phone: ____________________________ 13 | Page Tree Injection Services Attachment D Qualifications Qualifications If more room is needed, please attach additional sheets to the packet. 1. List number of years in business (5 years minimum): ____________________ 2. How many years of experience does the company have in performing plant health care or injection treatments for local units of government or other public agencies (3 years minimum): ___________________________________________________________ 3. List of References/Communities worked for (3 references minimum). Community Name Contact Name Phone Number Last Work Date ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 4. List names of person(s) who will supervise this contract, number of years of experience, and ISA Certified Arborist number. ___________________________________________________________ ___________________________________________________________ 5. List names of person(s) who will perform field inspections for this contract (providing estimates and tree evaluations), number of years of experience, qualifications and ISA Certified Arborist number if applicable. ___________________________________________________________ ___________________________________________________________ 14 | Page Tree Injection Services Attachment D Qualifications 6. List names of licensed Minnesota commercial pesticide applicators available for this contract and their qualifications. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 7. Please describe the training protocol for your applicators including length of time spent training, content, and methods you employ to ensure uniform, consistent tree protection results. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 8. List of equipment available for this project to inject ash trees: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 15 | Page Tree Injection Services Attachment D Qualifications 9. List the size of the drill bit and hole used to deliver protection: a. Ash _________________________________________________ 10. Please describe the guarantee, warranty period and eligibility for ash treatments: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 11. Does the company have the ability to assist with producing marketing and education materials for the program? Please describe or include examples of previous work and any ideas to reach out to Shakopee residents. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 12. Does the company have the necessary tools, equipment, and staff to inventory injected trees and collect data to comply with the specifications? ___________________________________________________________ ___________________________________________________________ 16 | Page Tree Injection Services Attachment D Qualifications 13. Please list qualified staff available and briefly describe at least 2 tree inventory (GPS/GIS) projects completed by the company. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ stth 14. Can the company perform tree injections from approximately June 1 through September 30 each year during the contract period? If not, please note alternate timelines below. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ stst 15. Can the company complete all tree injections on Public Property (Area 1) within June 1-July31each year during the contract period? If not, please note alternate timelines below. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ 16. How many tree injections can the company complete in one day for this project (estimated)? a. Ash: _________________________________________________ 17 | Page Tree Injection Services Attachment E Sample Agreement for Professional Services Contract AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made on _________, 2016 between the City of Shakopee, 500 Gorman Street, Shakopee, MN 55379("City") and ___________ ("Contractor") whose business address is ______________________________. PRELIMINARY STATEMENT The purpose of this agreement is to set forth terms and conditions for the provision of certain professional services by the Contractor for the City. The City and the Contractor agree as follows: Contractor's Services. 1. The Contractor agrees to provide professional services as described in Exhibit A this document and the language of Exhibit A, the language of this document prevails. Project Manager and Staffing. 2. The Contractor has designated __________to be the project superintendent for the Work. This person may be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms of this Agreement. The Contractor may not remove or replace the designated project superintendent Time for Performance of Services. 3. The Contractor must perform the Work within the timeframe set forth in the attached Exhibit A. If Contractor is delayed in performance due to any cause beyond its reasonable control, such as strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance will be extended by the period of time lost by reason of the delay. Compensation for Services. 4. City agrees to pay the Contractor for the Work in the manner described in Exhibit A, attached and made a part of this Agreement. A change in the scope of the Work that may increase the compensation due to Contractor will not be effective unless the City has given prior written approval. Method of Payment. 5. The Contractor must submit an itemized invoice for services provided to the City. Invoices submitted will be paid in the same manner as other claims made to the City. The Contractor must verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. Audit Disclosure. 6. The Contractor must allow the City or its duly authorized agents reasonable access to the Contractor's books and records that are pertinent to all services provided under this Agreement, including books and records of any approved subcontractors, for six years after the effective date of this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Contractor and its subcontractors under this Agreement which the City requests to be kept confidential must not be made available to any individual or organization without the City's prior written approval. Data Privacy and Security. 7. 18 | Page The Contractor will take all reasonable and prudent measures to ensure the security of all data that it handles in connection with the Work. The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees or use of data protected under state and federal laws. Document Ownership. 7. All finished or unfinished documents, data, and reports prepared by the Contractor will become the property of the City upon termination of this Agreement, but Contractor may retain copies of such documents as records of the services provided. Except to the extent that Minnesota Statutes claims or losses resulting from the Ci of the preparation. Term. 8. The term of this Agreement is from _____________through_____________, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as stated in this Agreement. Termination. 9. This Agreement may be terminated by either party by seven days' advance written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Contractor, the Contractor will be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment will be made to the Contractor, and the City may retain another Contractor to undertake or complete the Work. Subcontractor. 10. The Contractor may not enter into subcontracts for services provided in this Agreement except as noted in Exhibit A, without the express written consent of the City. The Contractor agrees to pay any subcontractor within ten days of the Contractor services provided by the subcontractor. The Contractor must pay interest of 1.5% per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For any unpaid balance of less than $100, the Contractor must pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor must be paragraph is inserted in this Agreement pursuant to Minn. Stat. §471.425, Subd. 4a. Independent Contractor. 11. At all times and for all purposes under this Agreement, the Contractor is an independent contractor and not an employee of the City. No statement in this Agreement may be construed to find the Contractor an employee of the City. Assignment. 12. Neither party may assign this Agreement without the written consent of the other party. Services not Provided For. 13. No claim for services furnished by the Contractor not specifically provided for in this Agreement will be honored by the City. 19 | Page Severability. 14. The provisions of this Agreement are severable. If any portion is held by a court of competent jurisdiction to be contrary to law, that decision will not affect the remaining provisions of the Agreement. Entire Agreement. 15. The entire agreement of the parties is contained in this Agreement. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement as well as any previous agreements presently in effect between the parties relating to the same subject matter. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and signed by the parties, unless otherwise provided in this Agreement. Compliance with Laws and Regulations. 16. In providing services under this Agreement, the Contractor must abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided. Any violation constitutes a material breach of this Agreement and entitles the City to immediately terminate this Agreement. 17. Equal Opportunity. The contractor agrees during the life of this contract not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age. This contract may be cancelled or terminated by the City, and all money due or to become due hereunder may be forfeited, for a second or subsequent violation of the terms and conditions of this paragraph. The Contractor must post in places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor must incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. Waiver. 18. Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. Indemnification. 19. Contractor agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the Work and against all losses by reason of the failure of the Contractor fully to perform, in any respect, all obligations under this Agreement. Insurance. 20. All organization and individuals working in City of Shakopee Right-Of-Way and/or Easement areas are required to and shall provide a Certificate of Insurance verifying that insurance meeting the following requirements is current and active. Commercial general liability (CGL) insurance, with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $2,000,000. The CGL insurance shall cover liability arising from premises, and operations; independent contractors; products and completed operations; personal and advertising injury contractually assumed liability. Umbrella/Excess insurance if any. The Certificate of Insurance must specifically verify that the 20 | Page contractor is insured against claims for personal and bodily inquiry including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the contractor, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the contractor, its officers, agents, employees and permittees, including but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property. The registrant shall maintain automobile liability insurance with a limit of not less than $2,000,000 combined single limit. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned vehicles. The Contractor shall maintain requirements of the State of Minnesota or provide evidence of the qualification as a self-insurer of Liability with minimum limits as follows: $500,000 Bodily injury by Disease per employee $500,000 Bodily injury by Disease aggregate $500,000 Bodily injury by Accident An Umbrella or Excess Liability insurance policy may be used to suppleme limits on a follow-form basis to satisfy the minimum policy limits. -contributory to any other valid and collectible insurance available to the City. The Certificate of Insurance City be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term. If the contractor furnishes Property Damage Liability Insurance which has a deductible amount in the policy, they must also furnish and maintain to the City either of the following: 1. A cash bond in the amount of 4 times the deductible amounts (e.g. $500 deductible furnish the City with a $2,000 cash bond). The cash bond will be used by the City to pay any unresolved property damage claims which exceed 30 days. 2. A letter from the insurance agent or the insurance company stating that, in the event of a claim, the claim will be paid in full by the insurance company including the deductible amount and the amount of the deductible will be paid by the contractor. a.A general liability insurance policy with limits of at least $1,000,000 per occurrence, and $2,000,000 general aggregate, for both personal injury and property damage. The insurance policies must name the City as an additional insured for the services provided under this Agreement and must provide that the Contractor's coverage will be the primary coverage in the event of a loss. A certificate of insurance on the City's approved form that verifies the existence of these insurance coverages must be provided to the City before work under this Agreement is begun. Any policy deductibles or retention shall be the responsibility of the Contractor. No deductible greater than $50,000 21 | Page Governing Law. 21. This Agreement will be controlled by the laws of the State of Minnesota. Disputes. 22. In an effort to resolve any conflicts that arise during or following the completion of the services described in this Agreement, the dispute will first be submitted to non-binding mediation unless the parties mutually agree otherwise. CITY OF SHAKOPEE: By: ________________________________________ Bill Reynolds, City Administrator Date By: ________________________________________ Its ____________________________________ And: ________________________________________ Its ____________________________________ 22 | Page April 7, 2016 City of Shakopee Jacob Busiahn 500 Gorman St. Shakopee, MN 55397 Re: Rainbow Treecare Quote for Ash Tree Treatments to the City of Shakopee Dear Mr. Busiahn: I am enclosing the quote from Rainbow Treecare to the City of Shakopee (City) for the treatment of approximately 565 boulevard ash trees by the means of trunk injection during the next three seasons to help control the spread of EAB (Project). In addition to the enclosed pricing, Rainbow Treecare is excited to offer the City a Volume Rebate Program. Under this program, as the combined volume of city and private treatments increases, the City is entitled to a to a volume rebate in the form of account credit to be used towards futument cost. Attachment E in this proposal has more information on the proposed program. This proposal includes pricing for the treatment of City and Private Trees, the General Provisions of the project, the Rebate Program which outlines tree volumes and rebates earned, and a current Insurance Certificate. Rainbow Treecare (RTC) er arboriculture company. No other company in the State can offer our depth of skill, experience, and knowledge of EAB and EAB-related issues. We are fully prepared to partner with the City of Shakopee to complete this Project. Thank you for considering Rainbow Treecare for this important project. I look forward to your response. Respectfully, Jeff Hafner Director of Municipal Consulting Rainbow Treecare 952-252-0596 Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services Project Understanding The Emerald Ash Borer (EAB) threatens the lives of the thousands of ash trees located in the City of Shakopee (City). The City has asked Rainbow Treecare to submit a quote for the treatment of public ash trees by the means of trunk injection to help control the spread of EAB (Project). The Project also includes the option for citizens of Shakopee to elect to treat ash trees located on private property at reduced prices. Technicians: All treatment technicians for this project will be drawn from the production staff at Rainbow Treecare (RTC). Founded in 1976, RTC built a reputation on a solid commitment to the science of tree care and is uniquely positioned to offer the most comprehensive ash protection services in the state. Since 2004, RTC has been working on a national level to develop cost-effective management solutions for EAB and currently has more than 11,000 ash trees under protection. With the most International Society of Arboriculture (ISA) Certified Arborists, Board-Certified Master Arborists, and members of the American Society of Consulting Arborists in Minnesota, no other company can offer the depth of skill, experience, and knowledge of EAB and EAB- related issues. Volume Rebate Opportunity: Rainbow Treecare is excited to offer the City of Shakopee a Volume Rebate Program. Under this program, as the combined volume of city and private treatments increases, the City is entitled treatment cost. This program will allow the City to increase the number of trees under protection by encouraging more residential treatments and/or increasing the volume of city trees treated. Please see Attachment (E) for rebate details. Rainbow Treecare will collect private property ash tree treatment data as part of normal business operations and submit an annual report of all treated ash trees to the City in order to calculate the rebate. I. GENERAL PROVISION A. Request for Quotes The City of Shakopee is requesting quotes from professional tree service contractors to provide tree injection services for ash trees within three separate areas: Public property (parks and right-of-way (ROW)), residential private property, and homeowners associations (HOAs) over a three (3) year time period. This proposal itemizes the costs for tree injections within each area. Refer to Attachments (A), (B), and (C). The ash tree injections on city properties are a known quantity, but the trees on Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services private property and homeowners associations are owned by the underlying party and there is no guarantee of participation in the program. This quote for tree injections on private property and HOAs enables residents and associations to receive a bulk discount for participating in the city program along with the work being completed on city properties. GPS points shall be collected/updated for each tree injected. Rainbow Treecare will be provided a username and tory. Rainbow Treecare shall provide own mobile devices which are compatible with the ArcGIS Collector application, which requires internet access. If Rainbow Treecare desires, the City will provide the point feature class (.shp or .mdb) with all collected/updated ash tree data. All ash trees shall be injected with an approved 4% liquid solution of Emamectin benzoate as a preventative treatment for emerald ash borer (EAB). Rainbow Treecare will provide the appropriate injection equipment, approved insecticides, and trained personnel to complete the project in the time set forth in this agreement. Area 1- Public property (right-of-way and parks) There are approximately 565 ash trees (9,485 diameter inches at breast height) Ash tree injections on public property will be completed over three (3) years, o with 189 completed in year one (1), 188 in year two (2), and 188 in year three (3). The City reserves the right to increase or decrease quantities o All ash injections must be completed June 1stJuly 31st of each year. o Any variances in dates shall be approved by the natural resources technician. Rainbow Treecare shall injected ash trees. All invoices will be remitted to the City of Shakopee and itemized by address/park listing and unique number assigned to each tree. Area 2 Residential Private Property (Shakopee residents) The homeowner will call Rainbow Treecare directly to initiate an inspection, receive a quote and provide permission for work. Rainbow Treecare shall each injected tree. Data will be made available to contractor upon request. All ash injections must be completed between June 1st and September 30th of each year or before fall leaf color, whichever occurs sooner. Any variances in dates must be approved by the natural resources technician. All invoices will be remitted to the homeowner. With approval from the City, residents may hire Rainbow Treecare to treat trees on public property which are not being treated by the City. This circumstance shall meet the requirements of Area 2. Area 3 Homeowners Association (HOAs) Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services The HOA will call Rainbow Treecare directly to initiate an inspection, receive a quote and provide permission for work. Rainbow Treecare shall each injected tree. Data will be made available to contractor upon request. All ash injections must be completed between June 1st and September 30th of each year or before fall leaf color, whichever occurs sooner. Any variances in dates must be approved by the natural resources technician. All invoices will be remitted to the HOA. B. Proposers Rainbow Treecare is properly insured, respected, financially viable company that has been in business for at least five (5) years, with at least three (3) years of experience performing plant health care or injection treatments for local units of government or other public agencies. Rainbow Treecare also has the ability to assist in formulating marketing and education plan and materials in order to promote the program to the public. There shall be at least one ISA certified arborist available to supervise the program and the application crew(s). All members of the application crews shall be licensed Minnesota commercial pesticide applicators. Rainbow Treecare shall have at least one person available to GPS each tree injected on private property property. This proposal lists three (3) municipal or public agency references including the name and address of the jurisdiction where the proposer has performed similar work and the name and daytime telephone number of an individual who still works for the jurisdiction for contact. Refer to Attachment (D) Qualifications. C. Instructions for Proposal All Proposals must be: Written in ink or typewritten on a proposal form with all requested information. Emailed, hand delivered or received by the deadline established. Questions about the proposal, selection, reporting requirements or approvals should be directed to Jacob Busiahn, Natural Resources Technician at the City of Shakopee at (952) 233- 9371 or via email at: jbusiahn@shakopeemn.gov. D. Insurance All organization and individuals working in City of Shakopee Right-Of-Way and/or Easement areas are required to and shall provide a Certificate of Insurance verifying that insurance meeting the following requirements is current and active. Commercial general liability (CGL) insurance, with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains an annual aggregate limit, the annual aggregate limit shall be not less than $2,000,000. Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services The CGL insurance shall cover liability arising from premises, and operations; independent contractors; products and completed operations; personal and advertising injury contractually assumed liability. Umbrella/Excess insurance if any. The Certificate of Insurance must specifically verify that Rainbow Treecare is insured against claims for personal and bodily inquiry including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the contractor, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the contractor, its officers, agents, employees and permittees, including but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property. The registrant shall maintain automobile liability insurance with a limit of not less than $2,000,000 combined single limit. The insurance shall cover liability arising out of any auto, including owned, hired, and non-owned vehicles. Rainbow Treecare ation insurance in accordance with the statutory requirements of the State of Minnesota or provide evidence of the qualification as a self-insurer of workers its as follows: $500,000 Bodily injury by Disease per employee $500,000 Bodily injury by Disease aggregate $500,000 Bodily injury by Accident policy limits on a follow-form basis to satisfy the minimum policy limits. -contributory to any other valid and collectible insurance available to the City. The Certificate of Insurance (attached) shall state that Contracto endorsed to require that the City be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term. A Certificate of Insurance is attached. E. Indemnification Rainbow Treecare shall indemnify and hold harmless the City and its employees from and resulting from the performance of the work, provided that any such claim, damage, loss or expense is: Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services (a) Attributable to bodily injury, sickness, disease or death, or to injury to, or destruction of tangible property (other than the work itself) including the loss of use resulting there from, and (b) Caused in whole or in part by any negligent or wrongful act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them for whose acts any of them may be liable. F. Contract Form supplied in the EAB Injection Quote Request. G. Contactor Selection The City will select the contractor based on its evaluation of quality, experience, price and other ect any and all proposals. H. Non-Discriminatory Practices Rainbow Treecare agrees during the life of this contract not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, and marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age. This contract may be cancelled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or subsequent violation of the terms and conditions of this paragraph. I. Contract Period and Project Completion Dates The contract will commence on date of contract award in June 2016 and terminated September 30, 2018 unless terminated sooner in accordance with the provisions contained in this contract. At the expiration of the initial contract term, the City, at its sole discretion may extend the contract for up to three (3) additional years. The proposal price for the option years shall be, at minimum, the proposal price for 2016 adjusted by the percentage increase in the consumer price index for all urban areas (CPI-U) from December 2015 to December 2016. Both the City and Rainbow Treecare shall agree to such terms in writing. The tree injection period for Public Trees (Area 1) will run from approximately June 1st-July 31st of each year. The tree injection period for Private Trees (Area 2&3) will run from approximately June 1st-September 30th of each year. Rainbow Treecare may reserve the right to group tree injections based on geographic proximity within the injection period in order to achieve the efficiency needed to provide a discounted rate. Injections will occur on trees that have fully expanded leaves and have not reached fall senescence (fall leaf color). The natural resources technician reserves the right to extend or limit the time period based on seasonal conditions. If Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services the injection period proposed by the City cannot be met, list alternative deadlines in Attachment (D) Qualifications. Prior to beginning work under this contract, Rainbow Treecare shall arrange for a meeting with the natural resources technician at which time specifications will be reviewed and the scheduling and progression of work will be discussed. At that meeting Rainbow Treecare shall be represented by the superintendent and the individual(s) arborist(s) who will be representing Rainbow Treecare during the progress of this contract. Assigned applicators may be required to provide an on-site demonstration prior to the start of the project. To arrange for such a meeting, call Jacob Busiahn, natural resources technician at the City of Shakopee Public Works Department at 952-233-9371. The meeting must take place prior to the intended start of work and no work may commence without such a meeting. The entire project must be completed by September 30th of each year unless the City approves an extension or alternate proposed timeline. J. Subcontractor No subcontractors will be allowed for the injection contract. The qualifying contractor must be capable of completing all tree injection, GPS, and marketing work as specified. K. Superintendence by Contractor Rainbow Treecare shall have a competent superintendent who is an ISA certified arborist supervising all application crews. Rainbow Treecare shall also provide an adequate and qualified staff certified by the Minnesota Department of Agriculture for the proper coordination and expediting of work under this agreement. Resumes/lists of qualifications are included in the proposal; see Attachment (D) Qualifications for requirements. L. Basis of Payment Payment for injections on city property will be made within 30 days of acceptance of the work, Rainbow Treecare is responsible for invoicing the property owner/association for tree injections on private property and HOAs and collecting those payments. The city has no responsibility for the private property and HOAs tree injections. Rainbow Treecare is responsible for taking any action needed to collect any unpaid invoices with respect to these services. The City is not responsible for any services provided on private property. II. Tree Injection Specifications A. General It is the intent of these specifications to describe the tree injection program requirements for each area. Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services (a) Area 1: City property (b) Area 2: Private property (c) Area 3: Home Owners Associations The goals of the program are to: Protect ash trees from emerald ash borer infestation on public property. Provide a bulk discount through a formal city program to encourage residents and HOAs to proac accompanying economic and environmental benefits. Educate city residents about the benefits of tree injection treatments for high value ash trees as part of an overall EAB plan. Collect GPS points for injected ash trees growing on private property and HOAs in advance of an emerald ash borer infestation. The information will be used to ensure communication occurs before condemning potentially protected trees, and to gauge the participation and success of the program over time. B. Equipment and Treatment Specifications Applicators shall demonstrate proficiency with the injection equipment and knowledge of the products used to prevent EAB. Assigned applicators may be required to provide an on-site program is required in Attachment (D) Qualifications. Safety Standards: Rainbow Treecare shall use work methods, safety procedures and personal protective equipment conforming to all ANSI A300, Z133 and OSHA standards in performing the work under this contract. Rainbow Treecare shall supply any Material Safety Data Sheets (MSDS) to the City upon request. Formulation Rates: It is the responsibility of Rainbow Treecare to follow all insecticide or fungicide label instructions. Any alterations in the formulations or equipment must be approved in advance by the natural resources technician unless otherwise specified in this contract. In order to remain responsive to emerging research, the City reserves the right to request a change in formulation rates or application methods for the duration of the contract. Any such change and additional costs incurred would be agreed to in written correspondence between Rainbow Treecare and the City. 1)All injections of ash trees must be with an approved 4% liquid formulation of Emamectin benzoate (Product). The City may give preference to formulations that pose the lowest health risks to applicators as determined by the US EPA signal word listed on the product label. No substitutions of the formulations shall be allowed unless approved by the City. Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services 2)All Public Trees (Area 1) are to be treated every 3 years unless otherwise specified by the City. The City reserves the right to change this interval at any time in response to the latest research. Private Trees (Area 2&3) are proposed to be treated every 3 years, with the option for the property owner to request treatment every 2 years. 3)Rainbow Treecare shall inject Product at the medium rate (5 ml / inch DBH) with the exception of Public Trees (Area 1) less than 22 inches DBH which shall receive a low rate (2.5 ml / inch DBH); as shown on the specified chart Attachments (A), (B), and (C). Determination of dosage shall be on the inches of diameter at breast height (DBH) within specific diameter classes listed in Attachment (A), (B), and (C). 4)Injections must be made at the soil line to ensure the best distribution of the insecticide throughout the tree, which may injection technicians to pull back mulch, grass, or soil. Trees equal to or greater than 22 inches DBH may inject Product diluted with water. Equipment: It is the responsibility of Rainbow Treecare to provide all necessary equipment to complete the contract under these specifications. 1)Equipment must remain in proper operating condition throughout the term of the contract. Rainbow Treecare is responsible for cleaning and providing upkeep to the injection system on a daily basis. Any maintenance issues or repairs are the sole responsibility of Rainbow Treecare. 2)Rainbow Treecare shall use a high-helix drill bit and must replace the drill bits after every 100 DBH inches to maintain high efficiency. Drilled holes must be the size recommended by the injection equipment manufacturer. The City may give preference for injection systems that require the smallest diameter holes. Indicate the diameter of drilled holes in Attachment (D) Qualifications. 3)Injection holes on ash must be drilled to a depth of approximately 1 inch below the bark to maximize delivery Product into ash trees. 4)Product must be injected into ash trees using current industry standard injection systems that have efficacy data that supports their use. 5)All injected trees must be tagged with the year of injection clearly indicated on the tag. Rainbow Treecare shall provide tags for all injected trees. The tags must be of a design and type that can persist on the tree for at least 3 years. C. Guarantee and Warranty Rainbow Treecare offers a written guarantee and warranty for tree injections. Details are listed in Attachment (E), Qualifications. If a healthy injected tree dies of EAB within the guarantee period, Rainbow Treecare shall uphold the agreement with the property owner as written within the proposal. Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services D. Tree Feature Class Attributes tree injected. Rainbow Treecare will be provided a username and password with limited access trees. Ash trees on public property already have GPS points created, but will need to be updated. GPS points for trees on private property will need to be created and attributes collected. Rainbow Treecare is required to provide mobile devices compatible with the ArcGIS Collector application, which requires internet access. If Rainbow Treecare desires, the City will provide the point feature class (.shp or .mdb) with all collected/updated ash tree data. Every effort shall be made to collect x-y coordinates within 5 meters of the tree. In the event this accuracy cannot be met, horizontal accuracy of 20 meters will be accepted if verified with aerial photography to ensure the approximate location of the tree on a property. collected is accurate, efficient and accountable. E. Property Access and Notification Rainbow Treecare shall not enter private property without having previously obtained permission from the property owner. If Rainbow Treecare desires to enter private property to access trees on a city owned prope underlying property owner by knocking on the door at the time of the site visit or making a phone call ahead of time. The natural resources technician should be notified of the accessing a city site through private property. F. Contract Supervision and Form of Order to Proceed The natural resources technician will assign trees growing on city property to Rainbow Treecare when the program commences. The City will continuously refer residents/associations interested in private property tree injections to Rainbow Treecare throughout the treatment period of June-September of each year in a format mutually agreed upon prior to the start of the program. The City will reserve the right to request locations planned for treatment during the week and conduct spot checks. G. Required Tree Inspections on Private Property On private property, prior to recommending treatment, all proposed ash trees must be inspected by a qualified individual employed by Rainbow Treecare. There may be instances when a tree is not in suitable health or condition to recommend treatment and Rainbow Treecare shall have an individual experienced in communicating tree information to the general public. The person assigned to inspect the trees must be, at the very minimum, a Certified Minnesota Tree Inspector, or have a degree in forestry, or be an ISA Certified Arborist. The individual shall be qualified to diagnose emerald ash borer and have experience evaluating tree Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services condition. Additionally, the individual must be able to explain the benefits and risks of all ash protection options, with regard to pollinators, water quality, human health, and tree health and condition. Refer to Attachment (D) Qualifications. H. Required Tree Inspections on Public Property The list of trees to be treated on public property have been inspected and at the time of inspection deemed suitable for treatment. A second inspection by Rainbow Treecare is required before treatment to assess any unnoticed or new condition which may disqualify it from treatment. If any of the following conditions are present, Rainbow Treecare shall consult with the natural resources technician before treatment. More than 30% canopy decline Signs of severe decay in trunk or major branches A crack in trunk or major branch Broken limbs larger than 4 diameter inches Any fungal fruiting body on trunk Any other condition which may make it unsuitable for treatment Applicators must have the knowledge to identify all of these conditions. I. Maps At the beginning of the contract performance period, the City will provide maps and working spreadsheets with ash trees to be injected on public property. J. Hours of Operations and Uniform The City reserves the right to set limits on hours of operation on Saturdays, Sundays and holidays. All weekend or holiday work must be approved by the natural resources technician ahead of time. The certified applicators and GPS staff must wear company uniform and/or a high visibility/safety vest at all times during field operations. Every vehicle associated with the treatment program must display a company logo or name. III. Evaluation and Selection In order for the submitted quote to be considered it must provide a price on Attachment A, B, & C, as well as completed Attachment D. A selection committee comprised of city staff will review submitted quotes. This committee will recommend acceptance based on individual evaluations of each submission, judged on the best interests of the City including the following factors: A. Deadline All proposals will be considered that are received no later than the date specified on in this request for proposals. The City of Shakopee reserves the right to disregard proposals received after the specified deadline. Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services B. Ash Tree Injection Price Quote Form for City Owned Property See Attachment (A) for required information. C. Ash Tree Injection Price Quote Form for Residential Private Property See Attachment (B) for required information. D. Ash Tree Injection Price Quote Form for Home Owners Associations See Attachment (C) for required information. E. Qualifications of Proposers See Attachment (D) for required information. F. Timeline for Completion Rainbow Treecare shall complete all of the guaranteed treatments on city property (Area 1) by July 31st and all other ash treatments by September 30th of each calendar year during the two year contract period. All private property and HOA ash tree treatments must be completed within the appropriate season fol G. Industry Accepted Standards All proposals must comply with industry standards. H. Contact Information/Questions Questions about the selection, reporting requirements or approvals should be directed to Jacob Busiahn, natural resources technician for the City of Shakopee, at (952) 233-9371 or via email at: jbusiahn@shakopeemn.gov I. Attachments A) Ash Tree Injection Price Quote Form for City Property B) Ash Tree Injection Price Quote Form for Residential Private Property C) Ash Tree Injection Price Quote Form for Home Owners Association D) Qualifications E) Volume Rebate Program Details Certificate of Insurance Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services Attachment A Low Rate(ml. Tree product/tree Quote (Number Diameter Number of Price Per Tree Price per inch of trees X Price *Medium Rate (DBH) Class in trees (A)(B)(DBH) per tree) ( C ) (ml. inches product/tree 2810 11 12126$ 41.25$ 5,197.50 $ 3.75 3513-15134$ 52.50$ 7,035.00 $ 3.75 4316-18136$ 63.75$ 8,670.00 $ 3.75 5019-2166$ 75.00$ 4,950.00 $ 3.75 115*22-2455$ 89.70$ 4,933.50 $ 3.90 130*25-2725$ 101.40$ 2,535.00 $ 3.90 145*28-3014$ 113.10$ 1,583.40 $ 3.90 160*31-336$ 124.80$ 748.80$ 3.90 175*34-361$ 136.50$ 136.50$ 3.90 190*37-392$ 148.20$ 296.40$ 3.90 205*40-420$ 159.90$ -$ 3.90 220*43-450$ 171.60$ -$ 3.90 235*46-480$ 183.30$ -$ 3.90 250*49-510$ 195.00$ -$ 3.90 265*52-540$ 206.70$ -$ 3.90 280*55-570$ 218.40$ -$ 3.90 295*58-600$ 230.10$ -$ 3.90 310*61-630$ 241.80$ -$ 3.90 325*64-660$ 253.50$ -$ 3.90 340*67-690$ 265.20$ -$ 3.90 355*70-720$ 276.90$ -$ 3.90 Total Amount of Quote (Sum of Column C) $36,086.10 (Number of trees x price per tree) Authorized Signature: Name of Company:Rainbow Treecare Address:4/7/2016 Date: 11571 K-Tel Drive Minnetonka, MN Phone:952-252-0596 Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services Attachment B Property (Area 2) at the Medium Rate (5ml/tree diameter inch). Tree injections completed for private property trees will be invoiced directly to the homeowner. Medium Rate Diameter Number (ml. (DBH) Class in of trees Price Per Tree Price per inch product/treeinches(A)(B)(DBH) 5510 11 121$ 74.25$ 6.75 7013-151$ 94.50$ 6.75 8516-181$ 114.75 $ 6.75 10019-211$ 135.00 $ 6.75 11522-241$ 155.25 $ 6.75 13025-271$ 175.50 $ 6.75 14528-301$ 195.75 $ 6.75 16031-331$ 216.00 $ 6.75 17534-361$ 236.25 $ 6.75 19037-391$ 256.50 $ 6.75 20540-421$ 276.75 $ 6.75 22043-451$ 297.00 $ 6.75 23546-481$ 317.25 $ 6.75 25049-511$ 337.50 $ 6.75 26552-541$ 357.75 $ 6.75 28055-571$ 378.00 $ 6.75 29558-601$ 398.25 $ 6.75 31061-631$ 418.50 $ 6.75 32564-661$ 438.75 $ 6.75 34067-691$ 459.00 $ 6.75 35570-721$ 479.25 $ 6.75 Total Amount of Quote (Sum of Column B) $5,811.75 (Number of trees x price per tree) Authorized Signature: Name of Company:Rainbow Treecare 11571 K-Tel Drive Minnetonka, MN Address:Date:4/7/2016 Phone:952-252-0596 Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services Attachment C - Associations (Area 3) at the Medium Rate (5ml/tree diameter inch) The work will be initiated by HOAs. Tree injections completed for HOAs will be invoiced directly to them. Tree Medium Diameter Rate (ml. (DBH) product/treClass in Number of Price Per Tree Price per inch einchestrees (A)(B)(DBH) 5510 11 121$ 68.75$ 6.25 7013-151$ 87.50$ 6.25 8516-181$ 106.25$ 6.25 10019-211$ 125.00$ 6.25 11522-241$ 143.75$ 6.25 13025-271$ 162.50$ 6.25 14528-301$ 181.25$ 6.25 16031-331$ 200.00$ 6.25 17534-361$ 218.75$ 6.25 19037-391$ 237.50$ 6.25 20540-421$ 256.25$ 6.25 22043-451$ 275.00$ 6.25 23546-481$ 293.75$ 6.25 25049-511$ 312.50$ 6.25 26552-541$ 331.25$ 6.25 28055-571$ 350.00$ 6.25 29558-601$ 368.75$ 6.25 31061-631$ 387.50$ 6.25 32564-661$ 406.25$ 6.25 34067-691$ 425.00$ 6.25 35570-721$ 443.75$ 6.25 Total Amount of Quote (Sum of Column B) $5,381.25 (Number of trees x price per tree) Authorized Signature: Name of Company:Rainbow Treecare 4/7/2016 Address:11571 K-Tel Drive Minnetonka, MNDate: 952-252-0596 Phone: Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services ATTACHMENT D - QUALIFICATIONS 1. List number of years in business (3 years minimum) 36 2. How many years of experience does the company have in performing plant health care or injection treatments for local units of government or other public agencies (3 years minimum) 20+ 3. List of References/Communities worked for (3 references minimum). Community Name Contact Name Phone Number Last Work Date City of Burnsville Dave Grommesch 2015 City of Minnetonka Emily Ball 952-988-8421 2015 City of Roseville Anita Twaroski 651-792-7142 2015 City of Lakeville Monica Heil 2015 4. List names of person(s) who will supervise this contract, number of years of experience, and ISA Certified Arborist number. Contract Supervisor Years of Experience ISA Certified Arborist # Jeff Hafner 20+ WE-6506A 5. List names of person(s) who will perform field inspections for this contract (providing estimates and tree evaluations), number of years of experience, qualifications and ISA Certified Arborist number, if applicable. Consulting Arborist Years of Experience ISA Certified Arborist # T. J. Lucas 7 MN-4243A 6. List names of licensed Minnesota commercial pesticide applicators available for this contract and their qualifications. Rainbow Pesticide Name Position Treecare Start Program University License # Date Field U of W Stevens Brent Cooper 2000 Urban Forestry 20163339 Superintendent Point Kyle Narveson Foreman 2013 20144133 Ecology and Kyle Gills Foreman 2014 St. Cloud State 20154564 Field Biology Michael Rieff Technician 2015 20173232 Test taken; # Tom Carlson Technician 2015 pending Zack Stewart Technician 2015 Environmental UW River Falls 20173235 Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services ATTACHMENT D - QUALIFICATIONS Science Payton Vane Technician 2015 Zoology NDSU 20173236 Bemidji State Kevin Skager Technician 2015 Biology 20155857 University Forest U of M Twin Andrea Johnson Technician 2015 20162572 Resources Cities Joe Connelly Technician 2015 Forestry Iowa State 20166731 Evan Anderson Technician 2012 20146979 South Dakota Geological Kaley Nelson Technician 2016 School of Mines 20172611 Engineering and Technology Environmental Chad Cyboran Technician 2016 Bethel 20171846 Science Environmental Ashley Mack Technician 2016 Bethel 20171846 Science Test taken; # Joseph Dick Technician 2016 Biology St. Johns pending Forest and Natural U of M Twin Paul Walters Technician 2016 20173516 Resource Cities Management Environmental Test taken; # Perry Forbes Technician 2016 St. Johns Studies pending U of W Stevens Tyler Pittrele Technician 2016 Forestry 20169823 Point Test taken; # Corey Wicklacz Technician 2016 pending 7. Please describe the training protocol for your applicators including length of time spent training, content, and methods you employ to ensure uniform, consistent tree protection results. Rainbow Onboarding and Orientation Training (ROOTS) Plant Health Care Technicians Outline Day 1 (PHC Basics/Spray Applications/Protocols) TIME LENGTH TOPICS INSTRUCTOR FORMAT 7:30-8:20 50m Kent Needed Tree ID 8:20 8:40 20m Kent Honl PPT/discussion/ Common Tree and Shrub Diseases In training CA folder test found in Minnesota 8:40 9:00 20m Kent Honl PPT/discussion/ Common Insect Pests Found on In training CA folder test Trees and Shrubs in Minnesota. 9:00 9:20 20m Kent Honl PPT/discussion/ Tree Nutrition In training CA folder test 9:20 9:40 20m Mason PPT/Discussion Treecare Division Expectations and General Protocols. 9:40 9:55 15m BREAK 9:55 10:15 20m Christina Work Order Training Daily Production Report Training Rainbow Treecare Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services ATTACHMENT D - QUALIFICATIONS 10:15 55m Cooper/ Nenning PPT/Discussion Rainbow Treecare PHC Products, 11:10 Formulations, Filling and Mixing 11:10 40m Lunch 11:50 11:50-1:20 90m All Station 1 Narveson/ Cooper Field Demo/Hands Chemical and tool Storage, PPE, on Training Container rinsing and disposal 1:20 3:45 145m All station 2 Narveson/ Galvin Field Demo/Hands Truck filling, Chemical mixing, on Training Triple Rinsing 3:45 4:00 15m Conclude day and preview next day Mason Day 2 (PHC Basics/Spray Applications/Protocols) TIME LENGTH TOPICS INSTRUCTOR FORMAT 7:30 7:45 15m Roll call Mason Field Demo/Hands on Truck assignments Training 7:45 10:00 135m Station 3 - sprays Henning 45m Field Demo/Hands on Insect Sprays(Foliar vs. Trunk and Training Limb 30m Field Demo/Hands on Fungal Sprays(conifer vs. Training deciduous) 15m Field Demo/Hands on Small tree vs. Large tree Training 15m Field Demo/Hands on How Much Spray is enough? Training 10m Field Demo/Hands on Pressure Settings training 15m Field Demo/Hands on Backpack Sprayer Training 10:0011:30 90m Station 5 EAB/Tree id Mason/ Gillis Field Demo/Hands on Training 11:30- 12:00 30m Lunch Field Demo/Hands on Training 12:00 2:15 135m Station 4 - Soil apps Narveson Field Demo/Hands on Training 30m Field Demo/Hands on Rainbow Treecare Soil Application Training Protocols and Equipment 15m Field Demo/Hands on Root Feeder/HTI 2000 Calibration Training 30m Field Demo/Hands on Soil Applications with the HTI Training. 2000/Soil Drench 30m Field Demo/Hands on Soil Applications with the Root Training Feeder/possible obstructions 10m Field Demo/Hands on Pump Pressure Settings (1 or 2 Training applicators) Rainbow Treecare Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services ATTACHMENT D - QUALIFICATIONS 15m Field Demo/Hands on Backpack Use Training 2:15 3:45 90m Station 6- Driver Training Cooper/ Galvin/ Field Demo/Hands on Nordstrom Training Field Demo/Hands on Driver Test Training Field Demo/Hands on Backing Training/ Test Training 3:45 4:00 15m Conclude day and preview next day Field Demo/Hands on Training Day 3 (PHC Basics/Spray Applications/Protocols) TIME LENGTH TOPICS INSTRUCTOR FORMAT 7:00-4:00 MTKA/ experienced Fieldwork Ride-a-longs;Treecare applications. applicators First day of applications. Day 4 (PHC Basics/Spray Applications/Protocols) TIME LENGTH TOPICS INSTRUCTOR FORMAT 7:00-4:00 MTKA/ experienced Fieldwork Ride-a-longs;Treecare applications. applicators First day of applications. 8. List of equipment available for this project to inject ash trees. Rainbow Treecare currently has 30 injection systems in our Minnetonka warehouse and additional systems can be brought into service overnight if needed. 9. List the size of the drill bit and hole used to deliver protection: 10. Please describe the guarantee, warranty period and eligibility for ash treatments (Emamectin benzoate): Rainbow Treecare guarantees public and private ash trees in good condition (less than 30% canopy decline) that are treated by our technicians with a 4% liquid formulation of Emamectin Benzoate will not die from an emerald ash borer infestation for two years after the treatment date. This money back guarantee refunds the costs of the most-recent treatment for any treated trees that die due to an EAB infestation within two years of treatment date. Our arborists and technicians will evaluate each ash tree prior to injection to make sure protection is warranted. Rainbow Treecare reserves the right to treat ash trees in poor condition without the warranty. Please see full warranty for details. Rainbow Treecare Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services ATTACHMENT D - QUALIFICATIONS 11. Does the company have the ability to assist with producing marketing and education materials for the program? Please describe or include examples of previous work and any ideas to reach out to Shakopee residents. Yes Examples of previous work and ideas to reach out to Shakopee residents: outreach on a national level with print and electronic (web) materials. Print Our extensive experience in marketing the protection of ash trees provides the opportunity to maximize the program outreach with targeted messaging and colorful graphics. a) Example Project flyer for homeowners: Rainbow Treecare Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services ATTACHMENT D - QUALIFICATIONS Web In addition to the extensive traditional print marketing, our website receives thousands of page market the Project with the City. 12. Does the company have the necessary tools, equipment, and staff to inventory injected trees and collect data to comply with the specifications? Yes creation. Our current software meets City requirements. 13. Please list the qualified staff available and briefly describe at least 2 tree inventory ΛDt{ΉDL{Μ projects completed by the company. Davin Shokes: Mr. Shokes will manage inventory data and provide maps and tables for the Project. As GIS Manager, Mr. Shokes has developed applications and mobile workflows to help commercial and municipal entities manage large tree populations. Mr. Shokes was awarded a Bachelor of Science Degree in Forest and Natural Resource Management with Urban & Rainbow Treecare Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services ATTACHMENT D - QUALIFICATIONS Community Forestry Specialization and has a strong understanding of statistics, geodatabase administration, and enterprise level software compatibilities. Example Projects: #¨³¸ ®¥ "´±­²µ¨««¤ !²§ 4±¤¤ 4±¤ ³¬¤­³ 0±®©¤¢³ ¶¨³§ %· ¬¯«¤ $ ³  #®««¤¢³¤£ #¨³¸ ®¥ , ª¤µ¨««¤ 2/7 4±¤¤ )­µ¤­³®±¸  ­£ 3³±¤¤³ 2¤¢®­²³±´¢³¨®­ )¬¯ ¢³ 0±®©¤¢³ ¶¨³§ %· ¬¯«¤ $ ³  Collected Rainbow Treecare Rainbow Treecare Quote to the City of Shakopee for Tree Injection Services ATTACHMENT D - QUALIFICATIONS 14. Can the company perform tree injections from approximately June 1st through September 30th each year during the contract period? If not, please note alternate timelines below. Yes 15. Can the company complete all tree injections on Public Property (Area 1) within June 1st- July 31st each year during the contract period? If not, please note alternate timelines below. Yes 16. How many tree injections can the company complete in one day for this project (estimated)? 90-100 trees per day at maximum capacity Rainbow Treecare Attachment E Rainbow Treecare 2016 ƚƌǒƒĻ wĻĬğƷĻ hƦƦƚƩƷǒƓźƷǤʹ ƩĻğƷƒĻƓƷ ƚŅ /źƷǤ ƩĻĻƭ ǒƭźƓŭ 9ƒğƒĻĭƷźƓ .ĻƓǩƚğƷĻ ŷƩĻĻ —ĻğƩ ƚƷğƌ /ƚƩƩĻƭƦƚƓķźƓŭ ƩĻĻ ƚƌǒƒĻ ΛƷźĻƩƭΜ /ƩĻķźƷ 9ğƩƓĻķ/źƷǤ bĻƷ tƩźĭĻ ƦĻƩ 5.I CƩƚƒƚ 0< 850 $ - $3.79 851 950 $ 68$3.78 951 1,050 $ 205$3.77 1,051 1,150 $ 409$3.75 1,151 1,250 $ 614$3.73 1,251 1,350 $ 819$3.71 1,351 1,550 $ 1,023 $3.69 1,551 1,750 $ 1,160 $3.68 1,751 1,950 $ 1,228 $3.67 1,951 2,150 $ 1,364 $3.66 2,151 $ 1,501 $3.65 Rainbow Treecare is excited to offer the City of Shakopee a Volume Rebate Program. Under this program, as the combined volume of city and private treatments increases, the City is entitled to a volume rebate in the form of Rebate tiers above show the amount of rebate based on 3 year combined volumes and the corresponding net price per DBH (net of credit earned). In a multi-year agreement, Rainbow will pro-rate a volume rebate based on annual volumes achieved proportionate to the 3 year volume tiers. Rainbow Treecare will collect ash tree treatment data as part of normal business operations and submit an annual report of all treated ash trees to the City in order to calculate the pro-rata annual rebate. The rebate will then be used in the following year to offset treatment costs. Rainbow will true-up the rebate volume tier at the end of each of the first 2 calendar years and will issue a final 3 year volume rebate at the end of year 3 (any remaining rebate will be used as credits towards future treatments contracts with Rainbow Treecare). This program will allow the City to increase the number of trees under protection by encouraging more residential treatments. Client#: 15516RAITR ACORD DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/07/2016 TM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Jeanette Kraemer PRODUCER NAME: J. A. Price Agency, Inc. FAX PHONE 952 944-8790952 944-0097 (A/C, No): (A/C, No, Ext): 6640 Shady Oak Road E-MAIL jmk@japrice.com ADDRESS: Suite 500 INSURER(S) AFFORDING COVERAGENAIC # Eden Prairie, MN 55344-6176 *Western National15377 INSURER A : *The Builders Group23612 INSURED INSURER B : Rainbow Tree Company INSURER C : 11571 K-Tel Drive INSURER D : Minnetonka, MN 55343 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSRWVD ACPP10591680306/01/201506/01/20161,000,000 GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED X300,000 COMMERCIAL GENERAL LIABILITY$ PREMISES (Ea occurrence) X5,000 CLAIMS-MADEOCCURMED EXP (Any one person)$ XPD Ded:1,0001,000,000 PERSONAL & ADV INJURY$ 2,000,000 GENERAL AGGREGATE$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG$ PRO- X $ POLICYLOC JECT COMBINED SINGLE LIMIT ACPP10772060206/01/201506/01/20161,000,000 AUTOMOBILE LIABILITY (Ea accident)$ BODILY INJURY (Per person)$ ANY AUTO ALL OWNEDSCHEDULED X BODILY INJURY (Per accident)$ AUTOSAUTOS NON-OWNEDPROPERTY DAMAGE XX $ HIRED AUTOS (Per accident) AUTOS $ A XXUMB10096380306/01/201506/01/20162,000,000 UMBRELLA LIAB EACH OCCURRENCE$ OCCUR 2,000,000 EXCESS LIAB CLAIMS-MADEAGGREGATE$ X10,000 $ DEDRETENTION$ WC STATU-OTH- WORKERS COMPENSATION BEWC00907406/01/201506/01/2016X TORY LIMITSER AND EMPLOYERS' LIABILITY Y / N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) *Insurer A: Western National Mutual Insurance Company *Insurer B: Midwest Employers Casualty Company (MECC)/The Builders Group CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Shakopee THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 500 Gorman Street ACCORDANCE WITH THE POLICY PROVISIONS. Shakopee, MN 55379 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)The ACORD name and logo are registered marks of ACORD 11of 1of 1 #S176748/M167426#S176748/M167426JMK This page has been left blank intentionally. RESOLUTION NO.7722 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING A $5,000 DONATIONFROM FARMER AND SUE MARSCHALL FOR THE SHAKOPEE FUN FOR ALL PLAYGROUND. WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City;and WHEREAS, Resolution No.5794specifies that donations or gifts shall be accepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance;and WHEREAS, a longtime resident and avid supporter of the City of Shakopee hasgenerously donated$5,000 tothe Shakopee Fun For All Inclusive Playground; and WHEREAS, such donationswillassist in constructing an unique playground thatwill provide a positive playing experience for all community members, young to old and of all abilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that thedonations aregratefully accepted; and FURTHER, the City staff is directed to send a letter to the donors, acknowledging receipt of the giftsand expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, rd Minnesotaheld this3day of May, 2016. ______________________________ William Mars Mayor of the City of Shakopee ATTEST: ___________________________________ City Clerk MARKETING AGREEMENT This Marketing Agreement is made between Fun2Raise Marketing and Events, (the "Fundraiser") located at th 15400 28 Avenue N. Plymouth, Minnesota 55447 and The City of Shakopee (the "Organization") located at 1255 Fuller Street South Shakopee, Minnesota 55379. Organization hires Fundraiser to provide the following services, include the design, production and placement of art work, electronic media advertising, and other promotional collateral materials requested by Organization for purposes of fundraising. on's behalf to provide advisory counsel and technical support for Organization's fundraising efforts. Such counsel and support shall be utilized in the development and implementation of comprehensive annual marketing strategies, including but not limited to off-site fund raising and marketing. At its sole cost and expense, Fundraiser shall comply with all laws applicable to the services hereunder, and when performing any work on Organization's premises, comply with any applicable Organization rules and procedures. Fundraiser agrees to regularly communicate with Organization about the progress and status of the services and all work projects, and to inform Organization immediately of any delays or problems encountered in fulfilling its obligations hereunder. Duties and Representations of Fundraiser: 1. Fundraiser shall deliver promotional collateral materials requested by Organization for purposes of fundraising to Organization. Fundraiser shall deliver payment of collected marketing revenues monthly, equal to 60% of collected revenues, the remainder of which shall be retained by Fundraiser as full compensation. Fundraiser will use all reasonable means to collect payments from advertisers pursuant to the terms set forth in this agreement. If Fundraiser is unable to do so, Fundraiser is not obligated to pay Organization for uncollected amounts. The amount retained by Fundraiser shall cover all expenses in the performance of the services described above and shall include all art work and mechanical costs relating to regular media advertising, and promotional/collateral materials, which includes comprehensive layouts, photos, typography and separations, print production, mechanics and other project-related costs and expenses. 2. Organization shall not be liable to any third parties for the acts or omissions of Fundraiser in the performance of this Agreement. Fundraiser agrees to indemnify and hold Organization harmless from and against all loss, liability, damage, penalty or expense of any kind which Fundraiser may incur, pay or have asserted against it, by reason of the services rendered hereunder, and any negligence or willful act of Fundraiser in the timeframes set forth below in paragraph 8. 3. It agrees to make all promotional collateral material created pursuant to the Agreement available to the Organization according to the timeframes set forth in paragraph 8 below. 4. All projects will be placed in accordance with Organization's approval. Cancellations or revisions requested by Organization shall be discussed and agreed upon with Fundraiser as soon as is practicable. Organization understands and agrees that requested changes and/or revisions may impact the timeframe set forth below. Duties and Representations of the Organization: 1. To facilitate and assist Fundraiser in the performance of the services, Organization will provide Fundraiser with, or access to, all pertinent material and data Organization has with respect to the matters for which Fundraiser is hired. Accordingly, Organization will authorize one of its employees to spend such time with Fundraiser as is reasonably necessary to educate Fundraiser concerning the needs, history and objectives of Organization which will enable Fundraiser to render the services described herein. 2. All information given to Fundraiser about Organization and its projected use of any funds raised as a result of Fundraiser's advice or services is complete, accurate and true to the best of its knowledge. 3. Organization understands that from time to time Fundraiser may require it to communicate with its families in an effort to advance the fundraising efforts and agrees to do so in a time and manner consistent with the fundraising activity. 4. It agrees that any projects, including promotional collateral material conceived, created and/or delivered by third party hired by it will copy, duplicate or recreate any such projects, including any promotional collateral materials. 5. Fundraiser shall be limited to the sale of advertisements on the following: dasher boards, in-ice spots, Zambonis and banners, and any other inside rink marketing that is approved by the City. Fundraiser may not sell advertising in any other area of the building or naming rights for any City facility or service. 6. Fundraiser must comply with Minnesota Statutes Chapter 13, the Data Practices Act, to the extent that the Act applies to any data in the possession of Fundraiser. 7. Fundraiser must keep in effect a policy of commercial general liability insurance, professional liability insurance or similar policy with limits acceptable to Organization. 8. This agreement and its terms should begin on April 15, 2016 and shall continue through April 15, 2019. Either party can terminate for any reason with a 60 day written notice. Agreement specifics, including but not limited to a description of promotional materials, timeframes, communications and additional responsibilities of both parties: This Agreement is a non-exclusive marketing agreement between the parties. The City may, in its discretion, enter into separate marketing agreements with other entities as it deems necessary for business purposes. Such agreements shall not interfere or compete with the terms of this Agreement. __________________________________________________________________________________________ __________________________________________________________________________________________ _____________________________________________________ _________________ _________ _____________ ______________ Fun2Raise Mayor City Clerk, City Administrator _________________ _________ _____________ _______________ Date Date Date Date ICE RENTAL AGREEMENT CONTRACT FOR: Rental between Shakopee Youth Hockey Association and the City of Shakopee. September 1,2017–March 31, 2022 Contract Period: , unless terminated earlier by law or as provided hereinand as specifically described in Exhibit A. THIS CONTRACT is made and entered into by and betweenShakopee Youth Hockey Association, a 501C3 organization existing under the laws of the State of Minnesota (hereinafter referred to as “the Association“), and the City of Shakopee(hereinafter referred to as the “City”) a Minnesota municipal corporation. WHEREAS, the Associationdesires to purchase ice time; and WHEREAS, the Cityowns and operates an indoor ice arena located at 1225 Fuller St. Shakopee, MN 55379. NOW, THEREFORE, in consideration of the promisesand in further consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereto have contracted and agreed as follows: 1.The Cityshall deliver to the Associationthe ice rentalas specifically described in ExhibitA, which is attached hereto and made a part hereof. 2.The Associationshall pay the Cityfor services satisfactorily performed or product satisfactorily delivered, if any, as illustrated in Exhibit A, which shall be paid in two installments, one byDecember 15 and the second byApril15 of each year. 3.Either party may terminate this Agreement for any reason with a 60 day written notice to the other. If Association fails to make timely payments to the City, the City may terminate this Agreement upon a 30day written notice to Association. 4.This Contractis the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings or agreements. Any alterations, variations, modifications or waivers of the contract shall only be valid when they are agreed to in writing and signed by authorized representatives of the Associationand the City. 5.Minnesota law shall be usedto construe and interpret this Contract, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota. 6.All of the data created, collected, received, stored, used, maintained, or disseminated by the Cityin the performance of the Contract is subject to the requirements of the Minnesota Government Data Practices Act,Minnesota Statutes, Chapter 13,and to the extent applicable, the Family Educational Rights and Privacy Act (FERPA), 20 USC ss 1232g and rules and regulations promulgated under these laws. Data provided to the Association may also be subject to these laws. The Association agrees to notify the City of any requests for data related to the performance or services provided under this Contract. 7.The Cityand the Associationshall each be responsible for the acts of their respective officers, employees or agents, and not the act of the other party’s officers, employees or agents. This Agreement does not create anemployee-employer relationship. Both parties shall be considered independent contractors. TheCityand the Associationagree to keep in effect policies of commercial general liability insurance to insure against liabilities up toat least$500,000 for each claimant and $1,500,000 for each single occurrence. 8.The City does not waive any limitation of liability pursuant to Minnesota Statutes Chapter 466,nor does the City waive any immunities provided by statute or common law. 9.Neither party shall assign this Contract or any of the rights, duties or payments arising under this contract to any third party without the written consent of the other. 10.All notices required under this Contract must be in writing and provided to the designated contact person for the other party. The parties shall keep each other informed in writing of any change in the designated contact person. At the time of the execution of this Contract, the following persons are the designated contacts: AssociationContactCityContact Jeff BroszTroy Ciernia President –SYHARecreation Supervisor –Ice Arena P.O. Box 226City of Shakopee Shakopee, MN 553791225 Fuller St (763) 913-6568Shakopee, MN 55379 (952)233-9522 11.If any portion of this Contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected and the rights and obligations of the parties under this Contract shall be construed and enforced as if the Contract did not contain the particular provision held to be invalid. 12.The Association, its officers, agents, employees and invitees shall follow all non- discriminationrules and regulations, imposed by the Cityfor users of the facility. IN WITNESS WHEREOF, the undersigned parties hereby acknowledge that they have read and understand the contract documents and have executed this Contract on the dates recorded below. SHAKOPEE YOUTH HOCKEY ASSOCIATION Date:_____________________________________________________________________ Authorized Signature __________________________________________ Association Treasurer CITY OF SHAKOPEE Date:______________________________________________________________________ City Administrator __________________________________________ Mayor __________________________________________ City Clerk EXHIBIT A 1.The Association agrees to purchase 1400 hours of ice time each year during the hockey season. The 1400 hours includes all practices, games and tournaments. 2.The ice rental dates for the 1400 hours shall begin September 1and run through March 31of each year also referred to as the Hockey Season. 3.The ice rental agreement will begin on September 1, 2017 and conclude on March 31, 2022. 4.Schedule of reserved dates and times is defined as: a.Times agreed upon by the Association and City 5.Ice rental rates are set at: a.Year 1 and 2 -$215.00/hour b.Year 3 and 4 -$220.00/hour c.Year 5 -$225.00/hour 6.Ice rental above the 1400 hours will be purchased at the rate established for the Association for that yearas stated in item 5 above. All additional ice rental requests above the 1400 must th be submitted to the city no later than November 15of each year. Additional ice will be scheduled after the school district and city hours are established. Ice available after th November 15will be sold on a first come first serve basis. 7.Ice rental outside of the established hockey season of September 1 to March 31 of each year will be purchased at market rate set each year in the City’s Fee Schedule. 8.Ice rental rates include the usage of a designated storage room located in between the High School Coaches rooms. 9.Ice rentalsfor the Shakopee Hockey Associationshall be billed as follows: a.Scheduled rentals September1 through December 31: i.Will be billed on November 28 ii.Payment will be due by December 15 b.Scheduled rentals January 1 through March 31: i.Will be billed after the last actual use prior to March 31. ii.Payment will be duewithin two weeks of the end of the season. 10.Cityis responsible for cleaning up the rental area to its pre-event condition at the end of each rental. This includes moving and storing tables, chairs, booths, stages or any other equipment 130 per hour. that was used during the event. Citywill provide this service at a rate of $ 11.Cityshall provide an on-duty manager and ice maintenance personnel. 12.The Associationwill provide ticket personnel, operate the ticket table and receive all ticket sales revenuewhen applicable. 13.The Associationwill provide a mutually agreed upon number of crowd control staff. 14.The Associationwill provide an event announcer, referees and any necessary off-ice officials. AGREEMENT FOR USE OF CITY ICE ARENA BY INDEPENDENT SCHOOL DISTRICT NO.720 THIS AGREEMENT is made and entered into by and between the CITY OF SHAKOPEE, a municipal corporation and political subdivision of the State of Minnesota, ("City") and INDEPENDENT SCHOOL DISTRICT NO. 720, Shakopee, Minnesota(the "District”)and independent school district and political subdivision of the State of Minnesota. Recitals A.The City is in the process of constructing a new Ice Arenaat 1255 Fuller Streetin the City of Shakopee, Minnesota B.The Ice Arena and the Team Locker Rooms (as defined below) areexpected to be ready for use by December 1, 2016. C.The District desires to use the ice rinks, spectator areas, common areas, parking lotsand other appurtenant facilities(collectively the “Ice Arena”)for its boys’and girls’junior varsity and varsity hockey programs, as well as its physical education programs. D.The Cityand the District desire to enter into this Agreement setting forththe terms by which the District will usethe Ice Arena. NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and other good and valuableconsideration, the receipt and sufficiency of which is hereby acknowledged, the City and the District agree as follows: 1.Term. This Agreement shall commence on December 1, 2016 (the “Effective Date”)and March 31, 2037 terminateon(the “Term”), During the Term, the District shall have stst the right to use the Ice Arena from October 1through March 31(“Hockey Season”)of each school year,provided,however,that during the 2016-17 Hockey Season, the District shall have such right only from the date that the Ice Arena is available for use until March 31, 2017. 2.Payment. During the Term(except the first year of the Term), the District shall pay $125,000.00annually to the City for the District’s use of the Ice Arena during each Hockey Season(the “Use Fee”). Payment shall be made in two equal installmentsof st $62,500. The first installment is due no later thanDecember1and the second st installment is due no later than April 1of each school year.During the first year of the Term, the District shall pay the City a pro rata portion of the Use Fee in the amount of $83,333 (the “First Year Use Fee”). In event the Ice Arena is not ready for the District’s use by the Effective Date, the First Year Use Fee shall be further pro-rated to the date that Ice Arena is ready for the District’s use as contemplated by this Agreement. The First Year Use Fee shall be paid in two installments in accordance with this Section 2. 3.IceTime. The District is granted ice time during the times and under the terms and Exhibit conditions set forth inthe attached A . 1 471692v4 SH155-396 4.Team Locker Rooms.The District is hereby granted an exclusive right to use two Varsity/Junior Varsity Team locker rooms(“Team Locker Rooms”) depicted and Exhibit B described in the attached during the Term, including before and after the Hockey Season. The District may, in its sole discretion, and at the City’s request,allow other groups to use the Team Locker Roomsoutside of the Hockey Season.The District and the City mutually agree that the District’s right to exclusive use of the Team Locker Rooms shall be deemed a lease of that space forgovernmentalpurposes in accordance with Minn. Stat. § 126C.10, subd. 14(3), 5.DistrictImprovements. The Districtshall constructor may request that the City construct, at the District’s sole expense, the initial build-outof the Team Locker Rooms (the “DistrictImprovements”). The Districtshall deliver to the City a complete set of plans and specifications in the form of working drawings or construction drawings identifying the interior layout of theTeam Locker Rooms, including complete sets of detailed architectural, structural, mechanical, electrical, and plumbing working drawings for any and all DistrictImprovements. The District may also make such additional alterations, additions or improvements to the Team Locker Rooms as it deems necessary(the “Additional District Improvements”)upon responsible notice and approval of the city. Any alteration, addition or improvement made to the Team Locker Rooms (other than movable equipment, furniture and other trade fixtures owned by the District) will at once become the property of the City upon expiration or earlier termination of thisAgreement, except that if the City terminates this Agreement, the City shall not acquire ownership of the alterations, additions or improvements to the Team Locker Rooms until the City reimburses the District a pro rata portion of the costs of the District Improvements and the Additional District Improvements. The pro rata payment shall be determined by multiplying the total costs of the District Improvements and Additional District Improvementsby the percentage amount of the full calendar months remaining of the Term. The District shall maintain verifiable records of such costs. 6.District’s UseofIce Arena. The Districtshall use the Ice Arena for the District’s hockey programand physical education classes,pursuant to the terms of this Agreement and the ExhibitA attached.The Districtshall not create a nuisance or use the Ice Arena for any illegal or immoral purposes. 7.Compliance With Laws. The Citywarrants thatthe physical conditionand indoor air quality of the Ice Arenawill comply with all applicable laws, ordinances, rules and governmental regulations (“Applicable Laws”). The Cityshall comply with all Applicable Laws regarding the physical condition and indoor air quality of Ice Arena. The Districtshall comply with all Applicable Laws regarding the physical condition of the Ice Arenato the extent the Applicable Laws pertain to the particular manner in which Districtuses the Ice Arenaor to the lawful use of the Ice Arena, such as laws governing maximum occupancy and illegal business operations 8.District Policies Applicable. During the Term, the District’spolicies and procedures shall apply to use of the Ice Arena and Team Locker Rooms. 2 471692v4 SH155-396 9.Services and Utilities. The Cityshall,at its expense: a.Provide heating, ventilation and air conditioning (HVAC) for the Ice Arenato maintain comfortable temperaturesand air qualityduring the times that the DistrictusestheIce Arena; b.Provide electricity to the Ice Arenain reasonable amounts necessary for the District’s use of the Ice Arena; c.Provide expendables such as light bulbs, paper towels, toilet paper and the like; d.Cooperate with the District regarding the District’s use of the Ice Arena and Team Locker Rooms; e.Provide trash disposal receptacles; and f.Maintain common areas in the Ice Arenaas well as the parking lots and walk waysappurtenant to the Ice Arena, including snow removal and ice remediation; 10.District’s Use and Care of the Ice Arena and Team Locker Rooms. The Districtshall, at its expense: a.Keep the Team Locker Roomsin good order; b.Make repairs and replacements to the Team Locker Roomsneeded because of District’s misuse or negligence; c.Maintain and clean the Team Locker Roomson a regular basisusing City- provided cleaning supplies and equipment. This includes cleaning, mopping, disinfecting, and depositing trash into proper receptacles; d.Cooperate with the City staff that is assigned to oversee the Ice Arena; e.Pay for and provide any security measures necessary to secure its equipmentin the Team Locker Roomsand provide access to the City’s Ice Arena Manager; f.Be responsible for any losses due to theft, District employee errors, vandalism occurring in the Team Locker Rooms, unless such loss is the result of negligence or intentional acts by the City, its employees, volunteers, subcontractors or agents; g.Ensure that those District employees follow the City’s no smoking, tobacco and alcohol policy and premises policies, which regulate permissible activities and do not allow any smoking or drinking within theTeam Locker Rooms. h.At the end of each Hockey Season, the Districtwillremove from the Team Locker Roomsits personal propertyand equipment in order to facilitate an end-of 3 471692v4 SH155-396 the-season deep cleaning and sanitizing of the Team Locker Roomsby City staff at City expense. 11.Interruption of Services. The Cityexplicitly does not warrant that any services the City supplies to the Ice Arenaunder Section 8 hereofwill be uninterrupted.Services may be interrupted because of accidents, repairs, alterations, improvements, or any reason beyond the reasonable control of the City. In the event an interruption of one or more Services prevents the District from making full use of the Ice Arena during any day of the Hockey Season, a pro rata credit shall be applied to the District’s next semi-annual Use Fee payment under Section 2 hereof for each day the District cannot make full use of the Ice Arena. The City may enter the Team Locker Roomsat reasonable timesupon reasonable prior notice to the School District, and at any time in the case of an emergency, to make necessary and appropriate repairsoralterations, at the City’s expense, to preserve the safety and physical condition of the Ice Arenaor the Team Hockey Rooms. 12.Alterations. Except with respect to the DistrictImprovements, the Districtshall not make alterations to the Ice Arena without the City’s advance written consent, which consent shall not be unreasonably withheld. “Alterations” means additions, substitutions, installations, improvements, and similar changes to the physical condition of the Ice Arena. Exhibit Aand Exhibit B 13.Entire Agreement. This Agreement, including the attached , constitutesthe complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings or agreements. Any alterations, variations, modifications or waivers of the Agreementshall only be valid when they are agreed to in writing and signed by authorized representatives of the District and the City. 14.Applicable Law. Minnesota law shall be usedto construe and interpret this Agreement, without giving effect to the principles of conflict of laws. All proceedings related to this Agreementshall be venued in the State of Minnesota. 15.Data Practices Act. All of the data created, collected, received, stored, used, maintained, or disseminated by the Cityor the District in the performance of thisAgreementis subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 16.Indemnity. To the extent permitted by law, the District shall defend, indemnify and hold harmless the City, its officers, agents and employees, against all suits, demands, causes of action, liabilities, or claims for injury or damages of whatever nature, including death or damage to property, arising out of or related to the District’s use of the Ice Arena.; provided, however, that such indemnification shall not extend to injury or damage caused by the negligence or intentional acts of the City, it agents, administrators, employees, volunteers and assigns. 4 471692v4 SH155-396 17.Assignment. Neither party shall assign this Agreementor any of the rights, duties or payments arising under this Agreementto any third party without the written consent of the other. 18.Termination Due to Non-Appropriation. During the Term, the District shall have the right to terminate this Agreement at the end of any fiscal year of the District in the event that the District fails to appropriate money sufficient for the continued performance of this Agreement by District after the end of that fiscal year. The District may affectsuch termination by giving the City a written notice of termination and by paying to the City any fees and other amounts which are due and which have not been paid at or before the end of its then current fiscal year.Upon termination of this Agreement as provided in this section, the District shall not be responsible for the payment of any fees coming due with respect to succeeding fiscal years.Within ten (10) business days following the end of the fiscal year in which the non-appropriation occurs, the District shall remove all District property and equipment from the Team Locker Rooms and Ice Arena. All remaining property left in the Team Locker Rooms or Ice Arena after 10 days of termination will becomes the property of the City. 19.Notices. All notices required under this Agreementmust be in writing and provided to the designated contact person for the other party. The parties shall keep each other informed in writing of any change in the designated contact person. At the time of the execution of this Agreement, the following persons are the designated contacts: District ContactCityContact Mike BurlagerJamie Polley Director of Finance Parks and RecreationDirector Shakopee Public SchoolsCity of Shakopee 1200 Town Square1255 Fuller St S Shakopee, MN 55379Shakopee, MN 55379 (952) 233-9514 20.Miscellaneous. a.The City has the exclusive right to operate or manage concession sales at the Ice Arena for the sale of food and beverages, including food and beverages dispensed from vending machines. The District may not bring food or beverages for sale or distribution in the Ice Arena withoutprior written approval from the Cityand such approval shall not be unreasonably withheld. b.The District may not post advertisements in any portion of the Ice Arena without prior written approval from the City. c.The District will have shared use of the Ice Arena parking lot on a first-come, first-served basis. The District may not prohibit, regulate, or obstruct use of the Ice Arena parking lot by others. 5 471692v4 SH155-396 21.Severability. If any portion of this Agreementis declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected and the rights and obligations of the parties under this Agreementshall be construed and enforced as if the Agreementdid not contain the particular provision held to be invalid. IN WITNESS WHEREOF , the undersigned parties acknowledge that they have read and understand this Agreement and have executed it on the dates recorded below. 6 471692v4 SH155-396 INDEPENDENT SCHOOL DISTRICTNO.720 Date:___________________By _______________________________________ Its Chair By_______________________________________ Its Clerk CITY OF SHAKOPEE Date: ___________________By:____________________________________ Its Mayor By:___________________________________ Its City Administrator 7 471692v4 SH155-396 EXHIBIT A 1.Schedule of reserved dates and times: a.All game times/dates as set and determined by School District Activities Director inconsultation with the City’s Ice Arena Manager. Each game shall have a reserved time of 4.5 hours. b.Practice times for girls’ and boys’junior varsity and varsity hockey teams from 5:30-7:30 a.m. on Mondays, Tuesdays, and Thursdaysand from 3:15-6:30 p.m. on Mondays through Fridays. At designated dates and timesmutually agreed-to by the parties, the District may use the Ice Arena for games and practices on Saturdays. c.All post-season home games st d.Ice time selection must be made by August 1each yearof the Term. e.Use of the Ice Arena for practices is for a maximum of 30 hours per week.Any ice time above 30 hours per week for practices willbe billed at the City’s normal hourly rate. 2.The Team Locker Roomsmust be cleaned out no later than two weeks after the Hockey Season concludesin order to facilitate the deep cleaning and sanitizing referenced in Section 10h, above.Personal property of the high school hockey players should only be stored in the Team Locker Rooms during the Hockey Season. 3.The District is responsible for cleaning up the Team Locker Roomsthat are used by the District to their pre-event condition after eachuse. TheDistrict is responsible for taking down and storing any items that the District sets up for District games and events,including moving and storing tables, chairs, booths, stages or any other equipmentused during the game or event. 4.The City,at its own expense,will provide an on-duty manager and ice maintenance personnel. 5.The District,at its own expense,will provide ticket personnel, operate the ticket table and receive all ticket sales revenuefor District games and events. 6.The District,at its own expense,will providecrowd control stafffor District games and events. 7.The District,at its own expense,will provide an event announcer, referees and any necessary off-ice officialsfor District games and events. 8.The District may use the Ice Arena for physical education classes during the school day at no charge pursuant to this Agreement and theJoint Use Agreement forUse of City of Shakopee & School District Facilities dated November 18, 2008 (the “Joint Use Agreement”).In the event of a conflict between this Agreement and the Joint Use 8 471692v4 SH155-396 Agreement, the terms of this Agreement shall control. The District will provide the City st with a schedule of physical education classes by October 1of each school year. 9 471692v4 SH155-396 EXHIBIT B Description and Depiction of the Team Locker Rooms 10 471692v4 SH155-396 SPONSORSHIP AGREEMENT THIS SPONSORSHIP AGREEMENT (“Agreement”) is made, effective as of this ___ day of ____________, 20_____, by and between the City of Shakopee, a Minnesota municipal corporation (“City”) and __________________ (“Sponsor”), a _____________________. RECITALS WHEREAS, the City is seeking outside persons or entities, including other governmental or quasi-governmental organizations, to act as sponsors to further the City’s mission by providing monetary or in-kind support in a manner that respects the noncommercial nature of City property and services; WHEREAS, the City has established a policy that will permit sponsorship of certain City property, facilities, events, activities, programs and services (collectively “facilities and services”) in limited circumstances; WHEREAS, such sponsorship will associate the outside entity or person’s name, logo, products or services with City facilities or services; WHEREAS, the City’s policy sets the standards, guidelines and approval criteria for solicitation, consideration, and acceptance of sponsorships, a key factor of which is to ensure an open and fair public process for soliciting and considering sponsorship opportunities; WHEREAS, upon approval of an offer of sponsorship, the City requires execution of this Sponsorship Agreement (“Agreement”); WHEREAS, the City has reviewed and approved Sponsor’s offer of sponsorship and the parties now wish to enter into this Agreement. NOW, THEREFORE, the parties mutually agree as follows: AGREEMENT 1.Sponsorship donation. Sponsor agrees to pay $________________ as a sponsorship donationto the City.Sponsor shall pay the donation amount to the City in one lump-sum payment or over a period of up to three (3) years, as mutually agreed upon by the parties. The lump-sum paymentor first annual payment, as applicable,shall be made by the Sponsor to the City upon execution of this Agreement. Subsequent annual payments shallbe made on or by ___________.The sponsorship shall become effective upon payment of the lump sum donation or first annual payment, as applicable. The sponsorship donation is non- refundable. Sponsor may cancel its offer of sponsorship by making a written request to the City no later than ______________. 2.Sponsorship Level. The City has established four levels of Sponsorship, all as described more fully in the City’s Sponsorship Policy. This Agreement pertains to a Level ___ 1 478786v1 MDT SH155-23PR Sponsorship. 3.City Approval. This Agreement is conditioned upon approval of the Shakopee City Council/City Administrator. The City reserves the right to accept or decline, in its sole discretion, any Sponsorship Agreement and sponsorship donation and to determine the eligibility of any offer of sponsorship. The City also has sole discretion to determine the size and location of Sponsor’s name and/or logo on the Named Subject as identified in paragraph 5 of this Agreement. 4.Term of Agreement. This Agreement shall be for a term of ____ years beginning with the effective date of this Agreement. A Sponsor may terminate its rights or benefits under this Agreement by giving the City 30 days’ written notice of its intention to do so. The City may terminate this Agreement if the sponsorship donation is not received within/by _________ or if the Sponsor fails to comply with the terms of this Agreement. 5.Sponsorship Benefits. In consideration for the sponsorship donation, Sponsor will receive the following: a.Sponsor’s name and/or logo on ______________. (“Named Subject”) LIST ANY OTHER BENEFITS TO SPONSOR 6.Exclusive Naming Rights. Sponsor’s right to designate and use its name and/or logo on and with respect to the Named Subject shall be exclusive during the term of this Agreement. 7.No Endorsement. Sponsor understands and agrees that City’s acceptance of the sponsor donation does not constitute the City’s endorsement of the Sponsor’s services or products. 8.License to City. Sponsor grants to City an unlimited license to use its name or logo in connection with the operation of, provision of services for, or advertisements for the Named Subject. 9.Hold Harmless; Indemnification. The Sponsor, on behalf of its officers, employees, agents and contractors shall defend, indemnify and hold harmless the City, its elected officials, employees, agents and contractors, from and against any and all claims, costs, losses, expenses, demands, actions or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation resultingfrom Sponsor’s performance underthis Agreement. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on or immunities from liability set forth in Minnesota Statutes, Chapter 466, or otherwise. 10.Limitation of Damages. Neither party shall be liable to the other for any indirect, consequential, incidental loss of profits or expectation damages arising out of this Agreement. 2 478786v1 MDT SH155-23PR 11.Remedies. In the event of a breach of the Agreement by Sponsor, the City shall, in addition to any other remedies available by law, be entitled to the remedy of specific performance, temporary or permanent injunction or other equitable relief. 12.Data Practices ActCompliance. Sponsor shall comply with Minnesota Statutes Chapter 13, to the extent that the Act is applicable to data and documents in the possession of Sponsor. 13.Entire Agreement. This Agreement shall constitute the entire agreement between City and the Sponsor, and supersedes and revokes any other prior written or oral agreements between City and the Sponsor. This Agreement can only be modified in writing signed by City and the Sponsor. 14.Execution in Counterparts. This Agreement may be executed in counterparts by the parties hereto. 15.No Third Party Rights. Nothing in this Agreement shall be construed to create any right in any person or entity not a party hereto. 16.Assignment. The rights and obligations of the Sponsor pursuant to this Agreement may not be assigned absent the written consent of the City. 17.No Joint Venture or Partnership Created. This Agreement shall not be construed to create a joint venture or partnership between the parties hereto. 18.Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 19.Authority. The undersigned individuals warrant and represent that they are authorized to execute this Agreement and, if applicable, that all necessary corporate actions have been taken to authorize execution of this Agreement. IN WITNESS WHEREOF, City and the Sponsor have executed this Agreement the day and year first above written. CITY OF SHAKOPEE Dated: _________________By:___________________________________ Its:Mayor Dated: _________________By :__________________________________ 3 478786v1 MDT SH155-23PR Its:City Clerk SPONSOR Dated: _________________By:__________________________________ Its:_________________________________ 4 478786v1 MDT SH155-23PR SHAKOPEE SPONSORSHIP POLICY Statement of Policy The City of Shakopee will seeksponsors that further the City’smission by providing monetary or in-kind support for theCityin a manner that respects the noncommercial nature of Citypropertyand services. The public’s trust, including the public’s perception of the City’sfairness andimpartiality,and the City’s reputation (sometimes collectivelyreferred to as‘public trust’) may be damaged by sponsorships that are aesthetically displeasing, politically oriented, inconsistent with the City’s public mission and core services,orotherwise inappropriate for,or offensive to,the audience or segments of its citizenry. When the Cityloses the public trust, its ability to govern efficiently and effectively is impaired. Therefore, the City of Shakopeepermits certain sponsorship of certain Cityproperty, facilities, events, activities, programsand services(collectively ‘facilities and services’)in limited circumstances. The Citymaintains its sponsorship program as a nonpublic forum and exercises sole discretion over who is eligible to become a sponsor according to the terms of this policy. Whenever possible, sponsorships should be linked to a specific Cityfacility orservice. The Citywill neitherseek nor accept sponsors that manufacture or provide services or products or take positions inconsistent with local, state or federal law or with Citypolicies, positions or resolutions. Theestablishment of a sponsorship does not constitute an endorsement by the Cityof the sponsor, itsorganization, products or services. This policy sets thestandards, guidelines and approval criteria for solicitation, consideration and acceptance of sponsorships. This policy is designedto protect the mission, imageand values of the Cityof Shakopee, to protect the image and value of its facilities and services, to protect the Cityfrom risk and to uphold the City’s stewardship role to safeguard Cityassets and interests. No sponsorship shall be approved that will compromise or damage the public trust or conflict with or compromise the City’s reputation, mission, image, values or aesthetic interests. This policy is also designed to: Ensure an open and fair public process for soliciting and considering sponsorshipopportunities; Provide the Cityof Shakopeewithfull and final decision making authority on any sponsorship opportunity, thusprotecting its integrity and the integrity of its facilitiesand services; Alloweligible outside entities interested in sponsorship opportunities (‘potential sponsors’)to easily view and understand the various sponsorshipopportunitiesavailable; Help potential sponsors, Citystaff and the publictobetter understand the procedures for sponsorship Definition of Sponsorship ‘Sponsorship’is financial or in-kind support from an outside person or entity, including other governmental or quasi-governmental organizations,(collectively“outside entity’) to associate outside entity’s name, logo, products or services with a Cityfacility or service. Sponsorship is a business relationship in which the Cityand the outside entity exchange goods, services and/or financial remuneration for the public display of an agreed- upon sponsorship recognitionmessage. AuthorityLevels to Solicit and Approve Sponsorships The Cityof Shakopeepossesses sole and final decision-making authority for determining the appropriateness of a sponsorship. Unless a sponsorship opportunity requires City Council approval, the Cityshall act through its CityAdministrator, or designee(s). The Cityhas and reserves the right to refuse any offer of sponsorship. All offers of sponsorship will be reviewed in accordance with this policy. Each department director, in consultation with the City Administrator,shall be responsible for determining the facilities and services for which his or her department is responsible that are suitable for sponsorship(‘eligible facilities and services’). H:\\Sponsorships 11.17.15 Page 1 The City Administratormayadopt a standard procedure by which sponsorshipsare sought, considered, and approved. The City Administratormay contract with an independent contractor for services related to solicitation and consideration of sponsorships. Unless other provisions are made in a standard procedureor contract with anoutside independent contractor, each department director shouldreceive all offers of sponsorship for eligible facilities and services of his or her department, determine that the offer is complete and properly executed, and shall determine the level, defined below,of each offer and the corresponding approval process. Each department director shouldalso determine, for offers that might involve exclusivity, whether there are active or potential sponsorships in the same categoryand identify such other sponsorships. Levels of Sponsorship: Level 1, Council Approval Required: Offers of sponsorship that are for terms of more than five years, orare projected to generate $500,000or more, or that involve naming rights for any Cityfacility, shall require the approval of the Citycouncil. Level 2, AdministratorApproval Permitted: Offers of sponsorshipthat are for terms of up to five years, and are projected to generate less than $500,000.00, may be approved bythe CityAdministrator or Assistant CityAdministrator(referred to hereafter as ‘administrator’). This approval includesthe authority to approve sponsorships for naming rights ofdesignated portions of Cityfacilities, such as naming rights for a specific athletic field or a specific room within a Cityfacility, provided such naming right otherwise meets the requirements of this Level 2 authority. All Sponsorship Agreements within this Level 2 shall be approved by the administrator. The administratormay refer any proposed offer of sponsorship or Sponsorship Agreement within the administrator’s authority level tothe City Council for approval Level 3, Department Director Approval Permitted: Offers of sponsorship that are for terms of up to three years, are projected to generate $90,000.00 or less and do not involve any naming rights may beapproved bythe department director responsible for the particular facility or service(‘appropriate department director’), who mayalso execute the resulting Sponsorship Agreement. Any director may refer proposed offersof sponsorship or Sponsorship Agreement within the department director’s authority level to the administratorfor approval. Level 4, Departmental Staff Approval Permitted: A department director may delegate the authority to approve offers of sponsorship and to execute Sponsorship Agreements for sponsorships that are within the director’s authority and are for terms of one year or less and projected to generate less than $5,000 per yearto an appropriate staff member. All such approvalsshall be in consultation with the department director. Public Access to Sponsorship Opportunities Public access to information about sponsorship opportunities is important: 1.to create an open and fair process and to protect against disputes related to sponsorships that are category exclusive; 2.to market available sponsorship opportunities in an open and efficient manner allowing both the potential sponsor and the Cityto negotiate efficiently. Unless other provisions aremade by standard procedure, each department with sponsorship opportunities should endeavor to make information about potentialsponsorship opportunities available through the City’s websiteand other appropriatemeans. Criteriafor Review of Sponsors and Offersof Sponsorship Sponsorships ofCityfacilities and servicesare maintained as a nonpublic forum. Although the Cityrecognizes and confirms that entering into a sponsorship agreement is not an endorsement of that sponsor or its services or products, sponsorshipsdo imply someaffiliationbetween the Cityand the sponsor. As discussed in the Statement of Policy, such perceived affiliationcan affect the public trustand the City’s ability to govern equitably, efficiently and effectively. Therefore, no potential sponsor and no offerof sponsorship will be approvedthat might compromise the public trust or the public’s perception of the City’s ability to act in the public H:\\Sponsorships 11.17.15 Page 2 interest, or that the Citydeems might have a negative impact on itsmission, image or values. The Cityalso intends to preserve its right and discretion to exercise full editorial control over the placement, content, appearance, and wording of all sponsorship recognitionmessages. The Citymay make distinctions on the appropriateness of sponsors on the basis ofthesponsorship recognition messagebut not onthe potential sponsor’s viewpoint. Sponsorships andoutside entitiesthat the Citydeemsto be unsuitable for the specific audience or contrary to the community standards of appropriateness for thefacilityor service, are prohibited, including the following subject matters: 1.Alcoholic beverages, andestablishments that are licensed to sell and primarily do sell alcoholic beverages, including bars; provided, however, that food service establishments or places of lodging may be authorized as sponsors only when the sale of alcohol is incidental to providing food service or lodging. Limited sponsorships that include alcohol pouring rights may be considered for events or facilities atwhichalcoholic beveragesare sold. 2.Tobacco products. 3.Politicaland policyissues, candidates and campaigns. 4.Profanity,obscenityand hate speech. 5.Sexually oriented products, activities, or materials. 6.Depiction in any form of illegal products,activities or materials. 7.Any message that may adversely impact the mission, image and values and goals of the Cityof Shakopee. Every sponsorship offer shallalsobe evaluated by taking into consideration the personalities and characteristics of the average attendee of each facility or service proposed for sponsorship and the mission, values, and image of the City. The following criteria shall also be considered in evaluating every offer: 1.The extent and prominence of the sponsorshiprecognition message. 2. The aesthetic characteristics of thesponsorshiprecognition message. 3.The importance of the sponsorship to the mission, valuesand imageof the City. 4. The level of support proposed to be provided by the sponsor. 5. The cooperation necessaryand degree of supportfrom other Citydepartments to implement the sponsorship. 6.The value of the resources that is provided to the Cityin fulfilling its overall mission. 7.Other factors that might affect or undermine the public trust or public confidence in the City’s impartiality or interfere with the efficient delivery of Cityservicesor operations, including, but not limited to, the existence of, or possibility for, conflicts of interest between the sponsor and Cityofficers, employees, or Cityaffiliates; the potential for the sponsorship to tarnish the City’s reputation or standing among its citizens, or the potential to otherwise impair the ability of Cityto govern its citizens, or distract the Cityand its officers and employees from its mission. PotentiallyAcceptable Recognition MessageFormats Generally used forms of branding and advertisingincluding, but not limited to,those set forth below, are generally consistent with this policy: Park and building naming rights, as approved by Citycouncil; Field and portions of building naming rights, in accordance with this policy; : Signageincluding Fencingfabric and/or fence signage o Light pole and building banners o Certain interior walls o Scoreboards; PA audio and visual messages; Inclusion on printed materialsofthe City; Inclusion on Citymaintainedfacility web-pages; Inclusion on bulletin boards; H:\\Sponsorships 11.17.15 Page 3 Inclusion on information kiosks; Inclusion on pavers or other similarpermanent fixtures; TV Shows; Inclusion inor ona facility or service marketing and promotional materials, items,and messages (includingelectronic messages, new media and other forms of communication that may arise in the future). Permissible Recognition Messages Sponsorship recognition messages may identify the sponsor or product, including the use of sponsor or product logos and marks,but should not promote or endorse the sponsor or its products or services. Except as otherwise permitted herein, statements that advocate, contain price information or an indication of associated savings or value, request a response, or contain comparative or qualitative descriptions of products, services, or organizations will not be accepted. Other proposed forms of sponsorship recognition messages, other signage and other visible advertising will be considered on a case by case basis, consistent with this policy. Facilities and Services for which Sponsorship is Prohibited Naming of facilities already named must be reviewed and approved by the City Council Other Potentially Acceptable Sponsor Opportunities Potential sponsor opportunities that are more interactive than the permissible recognition messages described abovemayalso be permissible for certain facilities or services under this policy. Theseinclude, but are not limited to: Give away items, coupons, or other sponsor related marketing materials; Event booth space; Contests, drawingsor other activities that request a response. Sponsorship Agreement Upon approval of an offer of sponsorship, the sponsor and Cityshall enter into a Sponsorship Agreement. A standard procedure should set forth a standard form and other matters related to sponsorship, such as a rate chart, payment terms, ‘sponsorship activation’ checklist and schedule. The Citywill not make any statements that directly or indirectly advocate or endorse a sponsor, their products, or services. No materials or communications, including, but not limited to print, video, internet, broadcast, or display items developed to promote or communicate the sponsorship using City’s name, marks, or logo, may be issued without written approval from the CityAdministratoror designee(s). Appeal Process A Level 3 or Level 4 offer of sponsorship that is denied by a department director, or their designee, may be appealed to the Administrator. A Level 2 offer of sponsorship that is denied by the Administrator, or their designee, may be appealed to the City Council. The City Council’s decision shall be final. H:\\Sponsorships 11.17.15 Page 4 Shakopee Minnesota City of Shakopee | 129 Holmes St. S., Shakopee MN 55379 | (952) 233-9300 | www.ShakopeeMN.gov COMMUNITY CENTER & ICE ARENA IMPROVEMENTS PROJECT Welcome to our sponsorship program! We are delighted you are interested in supporting the City of Shakopee to enhance the quality of life for the citizens of Shakopee. a $30.4 million recreation improvement project that includes construction of a new 89,590-square-foot ice arena, as well as renovations to the 95,845-square-foot Shakopee Community Center. in the community, providing opportunities for For more information or to discuss sponsorship opportunities, please contact: Jamie Polley, CPRP Construction is slated to begin in April 2016 with Director of Parks and Recreation completion of the ice arena scheduled for December jpolley@ShakopeeMN.gov 2016. Community Center renovations are projected to (952) 233-9514 wrap up by June 2017. hockey teams, as well as the Shakopee Youth Hockey Association. It is open 11 months of the year for practices, games, recreational skating, lessons, camps and tournaments. Ice Arena Lobby ICE ARENA contain two NHL-size rinks, meeting space and a dryland facility. It is expected to host 300,000 visitors a year. Community Center 24,500-square-foot aquatic center, a senior lounge, enhanced playground, drop- studios, teen center and meeting spaces. Center is expected to serve 400,000 visitors Aquatic Center each year. COMMUNITY CENTER also home to the Enigma Teen Center and Shakopee Skate Park. YOUR NAME/LOGO HERE! Fitness Center providing opportunities to live, work and play by bringing this community asset to life. One way you can support the project is by investing in naming rights. Ten-year naming rights are available in many areas of the Community Center and Shakopee Ice Arena. Sponsors’ name placement will reach patrons of all ages who are participating or attending programs and events at these facilities. ICE ARENA Ice sheet 16,800 sq. ft. $750,000 each (2 available) Rink 1 seats 893; Rink 2 seats 335. Concession stand 410 sq. ft. $75,000 Large meeting room 1,200 sq. ft. $75,000 Visitor’s locker room 600 sq. ft. $75,000 Locker room 450 sq. ft. $20,000 each (8 available) For more information or to discuss sponsorship opportunities, please contact: Jamie Polley, CPRP Director of Parks and Recreation jpolley@ShakopeeMN.gov | (952) 233-9514 Sponsorship amounts and term lengths may be negotiable. More information is available in the City of Shakopee’s Sponsorship Policy, which sets the standards, guidelines and approval criteria. Naming rights options continued... COMMUNITY CENTER Aquatic center 24,500 sq. ft. $750,000 Gym 12,400 sq. ft. $200,000 Community room 2,900 sq. ft. $150,000 Indoor playground 2,300 sq. ft. $150,000 Child care area 2,000 sq. ft. $75,000 Fitness center 4,600 sq. ft. $75,000 Aerobics studio 1,500 sq. ft. $50,000 each (2 available) Spinning studio 970 sq. ft. $50,000 Multi-purpose room 2,500 sq. ft. $50,000 each (2 available) Small meeting room 500-600 sq. ft. $50,000 each (2 available) Senior Lounge 820 sq. ft. $50,000 Enigma Teen Center 930 sq. ft. $50,000 (Sponsorship recognition only. Enigma’s name remains.) Lobby 620 sq. ft. $30,000 Water slide $30,000 Walking track $25,000 Community Room Learn more about the project at: www.ShakopeeMN.gov/ccimprovements Sponsorship amounts and term lengths may be negotiable. More information is available in the City of Shakopee’s Sponsorship Policy, which sets the standards, guidelines and approval criteria. RESOLUTION NO.7724 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTINGTHEMONETARY DONATION FROM THE SHAKOPEE JAYCEES WHEREAS, on November 6, 2002, the City Council adopted Resolution No. 5794, which established procedure relating to the receipt of gifts and donations by the City;and WHEREAS, Resolution No.5794specifies that donations of real property shall beaccepted by resolution of the City Council, and shall require a two-thirds majority of the Council for acceptance;and WHEREAS, THE SHAKOPEE JAYCEEShave generously donated $6000.00 for purchase of Jox Boxes at TahpahPark; and WHEREAS, such donationswillhelp improve park facilities and enhance the overall quality of like in Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that thedonation isgratefully accepted; and FURTHER, the City staff is directed to send a letter to the donor, acknowledging receipt of the gift and expressing the appreciation of the City Council. Adopted in regular session of the City Council of the City of Shakopee, Minnesotaheld this3rdday of May, 2016. ______________________________ William Mars Mayor of the City of Shakopee ATTEST: ___________________________________ City Clerk FundstransferredelectronicallyApril20,2016toMay3,2016 PAYROLL $ 250,193.57 FIT/FICA77,841.79$ STATEINCOMETAX16,109.41$ PERA79,688.25$ HEALTHCARESAVINGS6,307.93$ HEALTHSAVINGSACC T $5,620.78 NATIONWIDEDEFCOMP11,971.01$ ICMADEFERREDCOMP1,904.02$ MSRS3,436.49$ FSA4,390.68$ CHILDSUPPORT TOTAL457,463.93$ Page 1 of 1 4/28/2016 1:18:59 PM November2015sitephotos Feb2016SitePhotos March2016sitephotos February 8, 2016 Louis Ratemo and Javier Rodriquez RE: Conditional Use Permit for 593 Citation Drive Mr.Ratemo and Rodriquez: This letter is notifying you that you are currently in violation of your Conditional Use Permit (CUP) 15-019. I have attached the recorded resolution to this letter for your reference. The Board of Adjustment and Appeals approved the CUP with the conditions below. Currently your property is in violation of the highlighted conditions. 1. All storage areas shall be screened from offsite view, all inoperable vehicles shall be stored inside or outside of view from the driveway. 2. The site shall not have any exterior storage of vehicles which are unlicensed or inoperative for more than seven (7) days. 3. Operation of equipment and tools shall be in compliance with noise ordinance standards set forth in City Code. 4. Access for emergency vehicles must be maintained on the site. The access must be approved by the Shakopee Fire Inspector. 5. The applicant shall obtain a hazardous waste generator license through Scott County Environmental Health prior to any business operation. 6. Applicant shall supply Shakopee Fire with a list of all hazardous materials and quantities to be used or stored on the premises. This list shall include the locations of all materials, quantity of all materials, and location of all sources of ignition. Applicant shall also supply they details of all types of vehicles to be serviced at this location (gas, gas/ethanol, diesel, compressed natural gas, hydrogen, propane, hybrid, or electric). 7. Applicant shall comply with Minnesota State fire code section 2211 regulating repair garages. 8. Applicant shall comply with Minnesota State fire code chapter 15 regulating flammable finishes when spray finishing or painting operations are present. This shall include the installation of a spray booth where required. Such spray booth shall comply with recognized national standards. 9. Applicant shall comply with Minnesota State fire code chapter 26 regulating welding and other hot work when completing minor welding and metal fabrication. 10. Applicant shall maintain all vehicle parts storage in the interior of the building and in an orderly manner. 11. The applicant shall comply with the Minnesota State Fire Code Chapter 25 and NFPA 13 (2002 Edition) Chapter 12 for storage of tires. The applicant shall provide any required upgrades to the fire suppression system prior to occupancy. 12. Service and repair of vehicles must be conducted entirely within the structures leased space. 13. Sign permits are required for any new signage. 14. Any additional lighting provided on the site must meet City Code requirements. 15. All vehicles must be parked on improved surfaces and outside of Right-of-Ways. 16. The conditional use permit shall receive yearly review from the Board of Adjustment. COMMUNITY PRIDE SINCE 1857 1--233--233- The site does not comply with the approved site plan. The final condition of this CUP is for a yearly review. The CUP review has been scheduled for April 7, 2016 at 7:00 in the Council Chambers at 129 Holmes Street South, Shakopee MN. If you have any further questions regarding the zoning, please feel free to contact me at (952) 233-9347. Sincerely, Alex Sharpe Planner COMMUNITY PRIDE SINCE 1857 129 Holmes Street South --233--233- RESOLUTION NO. PC16-018 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA REVOKING A CONDITIONAL USE PERMIT FOR A VEHICLE SERVICE, REPAIR AND EXTERIOR STORAGE ON PROPERTY LOCATED AT 593 CITATION DRIVE IN THE LIGHT INDUSTRIAL (I1) ZONE WHEREAS, the City of Shakopee received an application from Louis Ratemo and Javier Rodriquez, applicant, Paul Johncox, fee owner, for a Conditional Use Permit to allow vehicle repair and exterior storage under the provisions of Chapter 151, Land Use Regulation (Zoning), of the Shakopee City Code, in the Light Industry (I1) Zone; and WHEREAS , the property upon which the request was made is legally described as: st Lot 7, Block 1, Canterbury Park 1 Addition; and WHEREAS, notice was provided and on April 9, 2015 the Board of Adjustment and Appeals conducted public hearings regarding the application, at which it heard from the Community Development Director and invited members of the public to comment; and WHEREAS, on April 9, 2015 the Board of Adjustment and Appeals adopted resolution 15- 019 approving the CUP application. The approval included the following conditions: 1. All storage areas shall be screened from offsite view, all inoperable vehicles shall be stored inside or outside of view from the driveway. 2. The site shall not have any exterior storage of vehicles which are unlicensed or inoperative for more than seven (7) days. 3. Operation of equipment and tools shall be in compliance with noise ordinance standards set forth in City Code. 4. Access for emergency vehicles must be maintained on the site. The access must be approved by the Shakopee Fire Inspector. 5. The applicant shall obtain a hazardous waste generator license through Scott County Environmental Health prior to any business operation. 6. Applicant shall supply Shakopee Fire with a list of all hazardous materials and quantities to be used or stored on the premises. This list shall include the locations of all materials, quantity of all materials, and location of all sources of ignition. Applicant shall also supply they details of all types of vehicles to be serviced at this location (gas, gas/ethanol, diesel, compressed natural gas, hydrogen, propane, hybrid, or electric). 7. Applicant shall comply with Minnesota State fire code section 2211 regulating repair garages. 8. Applicant shall comply with Minnesota State fire code chapter 15 regulating flammable finishes when spray finishing or painting operations are present. This shall include the installation of a spray booth where required. Such spray booth shall comply with recognized national standards. 9. Applicant shall comply with Minnesota State fire code chapter 26 regulating welding and other hot work when completing minor welding and metal fabrication. 10. Applicant shall maintain all vehicle parts storage in the interior of the building and in an orderly manner. 11. The applicant shall comply with the Minnesota State Fire Code Chapter 25 and NFPA 13 (2002 Edition) Chapter 12 for storage of tires. The applicant shall provide any required upgrades to the fire suppression system prior to occupancy. 12. Service and repair of vehicles must be conducted entirely within the structures leased space. 13. Sign permits are required for any new signage. 14. Any additional lighting provided on the site must meet City Code requirements. 15. All vehicles must be parked on improved surfaces and outside of Right-of-Ways. 16. The conditional use permit shall receive yearly review from the Board of Adjustment. WHEREAS, on April 7, 2016 the Board of Adjustment and Appeals reviewed the matter and determined that the use was not in compliance with conditions 1,2,4,15 of approval contained in Resolution 15-019. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: The Board of Adjustment and Appealsadopts the following findings of fact: Finding #1 The applicant has not complied with Condition no. 1, All storage areas shall be screened from offsite view, all inoperable vehicles shall be stored inside or outside of view from the driveway. Finding #2 The applicant has not complied with Condition no. 2 The site shall not have any exterior storage of vehicles which are unlicensed or inoperative for more than seven (7) days. Finding #3 The applicant has not complied with Condition no. 4 Access for emergency vehicles must be maintained on the site. The access must be approved by the Shakopee Fire Inspector Finding #4 The applicant has not complied with Condition No. 15 All vehicles must be parked on improved surfaces and outside of Right-of-Ways. BE IT FURTHER RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the Conditional Use Permit for a vehicle repair and exterior storage in the Light Industrial (I1) zone issued to Louis Ratemo and Javier Rodriquez pursuant to City of Shakopee, Minnesota REVOKED. Resolution No. 15-019, is hereby Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 7th day of April, 2016. Chair of the Board of Adjustment and Appeals ATTEST: Acting Planning and Development Director, Mark Noble PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 CERTIFICATION OF RESOLUTION NO. 16-018 I, Lori Hensen, City Clerk for the City of Shakopee, do hereby certify that the attached is a true and correct copy of Resolution No. 16-018, presented to and adopted by the Board of Adjustment and Appeals of the City of Shakopee at a duly authorized meeting thereof held on the 7th day of April, 2016, as shown by minutes of the meeting in my possession. Dated this day of, 20 . Lori Hensen City Clerk SEAL RESOLUTION NO. 7723 A RESOLUTION OF THE CITY OF SHAKOPEE DENYING THE APPEAL BY MR. LOUIS RATEMO OF THE BOARD OF ADJUSTMENT AND APPEALS REVOCATION OF A CONDITIONAL USE PERMIT AT 593 CITATION DRIVE FOR VEHICLE REPAIR AND EXTERIOR STORAGE. ________________________________________________________________________________ WHEREAS, Louis Ratemo and Javier Rodriquez applied for a Conditional Use Permit for Vehicle Repair and Exterior Storage at 593 Citation Drive on February 19, 2015; and WHEREAS, The property located at 593 Citation Drive is zoned Heavy Industry (I2) where Vehicle Repair and Exterior Storage are conditional uses; and WHEREAS , The business operated prior to the issuance of a Conditional Use permit despite staff informing the applicants of the proper procedure; and WHEREAS , Warning citations were issued and operation of the businesses was ceased until such time as the Board issued a CUP; and WHEREAS , On April 9, 2015 the Board of Adjustment and Appeals held a public hearing and issued the Conditional Use Permit, subject to conditions via Resolution No. 15-019; and WHEREAS , The applicant was notified via warning citation on February 10, 2016 notifying the applicant and property owner that the site was not in compliance with the CUP; and WHEREAS , The applicant was given until February 24, 2016 to comply with the CUP and all code provisions; and WHEREAS , On March 28, 2016 a formal citation was issued for not complying with City code provisions and conditions of the CUP; and WHEREAS , Condition 16 of the approved CUP was a yearly review of the CUP by the Board; and WHEREAS , City Code Section 151.016, Subdv. B allows for an appeal to the City Council and WHEREAS, Mr. Louis Ratemo filed an appeal of April 18, 2016 on the basis that the Board of Adjustment and Appeals did not have a business plan for correcting the site issues; and WHEREAS, the City Council heard the appeal at its meeting on May 3, 2016; and WHEREAS, the City Council has reviewed the materials related to the Conditional Use Permit and appeal. 1 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shakopee adopts the following findings of facts and conclusion relative to this matter: FINDINGS 1. The Board of Adjustment and Appeals was not in error in revoking the Conditional Use Permit. 2. Four of 16 conditions in Resolution No. 15-019 were regularly not being met even after staff notification. 3. The Board of Adjustment an Appeals found that four of 16 conditions in Resolution No. 15-019 were not being met and allowed the applicant to explain any extenuating circumstances at the April 7, 2016 meeting. CONCLUSIONS 1. The Board of Adjustment and Appeals was not in error and has the authority to revoke a Conditional Use Permit. 2. Conditions of Resolution No. 15-019 were not being met by the applicant. 3. Repeated attempts were made to bring the site into compliance prior to the review by the Board of Adjustment and Appeals. BE IT FURTHER RESOLVED , that the appeal of the Board of Adjustment and Appeals Approval of Resolution No. PC16-018 is denied respects. BE IT FURTHER RESOLVED , that the findings adopted by the Board of Adjustment and Appeals are incorporated by reference into this Resolution. Passed in regular session of the City Council of the City of Shakopee, Minnesota held this ______ day of May, 2016. ___________________________________ William Mars, Mayor of the City of Shakopee Attest: _________________________, Lori Hensen, City Clerk 2 REPAYMENT AGREEMENT THIS REPAYMENT AGREEMENT (this “Agreement”) is made and entered into as of the ____ day of ___________, 2016, by and between the City of Shakopee, a Minnesota municipal corporation (the “City”) and Prior Lake Waterski Association, a Minnesota non-profit corporation (“PLWSA”). WITNESSETH: WHEREAS, on December 29, 2005, the parties entered into the “Quarry Lake USE AGREEMENT”(the “Use Agreement”); and WHEREAS, the Use Agreement gives PLWSA the right to use a portion ofCity-owned property for PLWSA activities(the “Property”); and WHEREAS, the Use Agreement provided that PLWSA was to contribute a maximum of $315,000 towards the costs of public improvements to the Property; and WHEREAS, the Use Agreement provides that the amount owed by PLWSA is due and payable when public access to the Propertyis established and if PLWSA is unable to pay its portion of the costs at that time, the City will enter into a repayment agreement allowing PLWSA to pay the balance over time;and WHEREAS, public access to the City-owned property has been established and the amount owed to the City by PLWSA is $315,000; and WHEREAS, PLWSAhas represented that itis not able to pay the entireamount of $315,000 at this time; and NOW, THEREFORE, in consideration of the mutual obligations of the parties contained in the Use Agreementand in this Repayment Agreement, the parties agreeto enter into this Repayment Agreement in order to allow PLWSA to repay the $315,000over time. The parties agreeas follows: Section 1. Definitions. Unless the contrary clearly appears from the context, the terms used in this Repayment Agreement shall have the same meanings as given them in the Use Agreement. Section 2. Repayment Schedule. PLWSA shall repay the City the amount of $315,000 for the public access improvements to the Property pursuant to the following schedule: a.Upon execution of this Repayment Agreement, a credit of $95,000 will be applied to the outstanding balance of $315,000 to offset the amount that PLWSA was obligated to contribute pursuant to paragraph L of the Use Agreement; and b.The remaining balance of $220,000 shall be paid as follows: 1 i.$90,000 in cash shall be paid by PLWSA to the City on or before June 1, 2016; ii.The remaining $130,000 shall be paid over a 14 year period in annual st paymentson June 1of each year. The first payment shall be due on June 1, 2017. Interest on the unpaid principal shall accrue at an annual interest rate of five percent. Section 3. Use Agreement. The Use Agreement shall remain in full force and effect. In the event that the Use Agreement is terminated, this Repayment Agreement and PLWSA’s obligations under this Repayment Agreement shall remain in full force and effect. Section 4. Miscellaneous. a.ThisRepaymentAgreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. b.PLWSA and the City represent that they each have the requisite authority to execute and deliver this Repayment Agreement. c.With the exception of the Use Agreement, which shall remain in full force and effect, this Agreement constitutes the complete agreement between the City and PLWSA, this Repayment Agreement supersedes any prior oral or written agreements between the parties. There are no verbal agreements that change this Repayment Agreement and any waiver of any of its terms will be effective only if in writing and executed by the parties. ThisRepaymentAgreement may be amended only by written agreement approved bythe City Council and by PLWSA. d.ThisRepaymentAgreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. e.PLWSAs hall not discriminate in any manner with respect to membership in PLWSA and shall comply with all applicable local, state and federal ADA requirements. f.ThisRepaymentAgreement binds and benefits the parties and their successors and assigns. 2 IN WITNESSWHEREOF, the parties have caused this Repayment Agreement to be duly executed as of the day and year first above written. PRIOR LAKE WATERSKI ASSOCIATION By: _________________________________ Its: President CITY OF SHAKOPEE By: _________________________________ Bill Mars Its:Mayor By: _________________________________ William H. Reynolds Its:City Administrator 3 TO: Mayor and City Council,Jamie Polley, Director of Parks, Recreation & Natural Resources FROM: Mike Thibault, President, Shakopee Prior Lake Water Ski Assoc. (SPLWSA) SUBJECT: Quarry Lake Improvements& Payment DATE: April 10, 2016 INTRODUCTION The City Council is asked to consider an improved rate on the debt owed to the city. BACKGROUND The Agreement state that “SPLWSA will fund, construct, and maintain all improvements to theboat launch \[as presented in 2008\], and to improvements directly related its use of the property.” USER CONTRIBUTION The User Contribution owed by SPLWSA is $315,000, less its portion of the grants received of $ 95,000. SPLWSA intends to make an initial payment of $90,000, leaving $130,000 to be spread over 15 years. The 5% assessment rate is rather steep for our club to fund over this duration, especially considering the current interest rate market. SPLWSA is a non-profit organization, with all volunteer positions (members actually pay an annual fee to be in the club). All of our funds go back into the club for equipment, insurance, and improvements, including site improvements. As such, we would like forgiveness on the interest so that we can make more improvements to the site. Quarterly Financial Update Q1 –2016 This is our first quarterly financial update. Up to this point staff has provided councilwith monthly budget-to-actual expenditures for the General Fund. Monitoring the General Fund is important because this is where amajority of the city’s operational activities occur. However,there are other cityfunds that also provide essential servicesor are legally required to be separated from the General Fund. For example, the city’s Sewer and Surface Water utilitiesare accounted for in the enterprise funds and the Capital Improvement Fund is accounted for under the capital project funds. Cash Balance Comparisons Below isa cash balance comparison for both year-over-year and yearendfor all cityfund types. Quarterly Cash Balance Comparison 30,000,000.00 25,000,000.00 20,000,000.00 15,000,000.00 10,000,000.00 5,000,000.00 0.00 General FundSpecial RevenueDebt ServiceCapital ProjectEnterprise FundsInternal Service FundsFundsFundsFunds Mar YTDMar YTDDec YTD 201520162015 Variance Analysis TheGeneral Fundcash balance decreasesat the March 31, 2015 and 2016 compared to yearend is due to the semi-annual tax collection process. The cityreceives tax settlements in July and December, so at March 31 cash balances are decreasing as reserves are being utilized to cover expenditures. Debt service fundstypically also have a lower cash balance at the March 31 timeframe compared to yearend. Tax collections are also received in December whiledebt service payments are made on February 1 and August 1 each year. The February 1 payments include the principal portion of the debt service payments compared to the August 1 payments which are typically interest only payments. Theenterprise fundsexperienced a decrease in cash compared to this same timeframe last year. The Surface Water Fund saw a very modest decrease in cash over the past year, whereas the Sewer Fund saw more of a decrease. This decrease is due in part to capital projects payments over the course of last summerand the transfer of approximately $400,000 in restricted cash for Sewer Access Credits (SAC) payments to the EDA fund for business subsidies. Both of these funds instituted a rateincreases beginning with the January 2016 billings. Below is a graph of each fund’s monthly cash balances dating back to January 31, 2015. 17,000,000.00 16,000,000.00 15,000,000.00 14,000,000.00 13,000,000.00 12,000,000.00 11,000,000.00 10,000,000.00 JanFebMarAprMayJunJulAugSepOctNovDecJanFebMar YTDYTDYTDYTDYTDYTDYTDYTDYTDYTDYTDYTDYTDYTDYTD 201520152015201520152015201520152015201520152015201620162016 07100 - SEWER FUND 07300 - SURFACE WATER FUND Theinternal service fundsalso experienced a cash decrease compared to the first quarter of 2015. In the first quarter of 2015, the Capital Equipment Internal Service Fund purchased three plow trucks in April 2015 for approximately $600,000. Also, in April of 2015 the Capital Equipment Internal Service Fund made an internal loan for approximately $941,000 to the EDA fund for the purchase of MnDOT land on the west end of the city. General Fund Monthly Financial Report In holdingwith our monthly General Fund revenue and expenditure budget-to-actual comparisons, below is a comparison through April. One-third or 33percent of the budget would ideally be accounted th foras of April 30. An additional indicator has been added to aid inquickly seeing large positive or negative variances. An upward pointing green arrow indicates a greater than 10 percent positive variance. A downward pointing red arrow indicates a greater than 10 percent negative variance, and yellow sideways arrow indicates the variance is within 10 percent of budget. CITY OF SHAKOPEE Monthly Financial Report Di YTDAprilYTDBudget April YTD vis 201620162016Balance Percent 2015 io BudgetActualActualRemainingUsedActual n 01000 - GENERAL FUND REVENUES: * - TAXES17,150,90023,39166,47617,084,4240%57,914 # * - SPECIAL ASSESSMENTS11,5000(29,165)40,665(254)%(32,274) # * - LICENSES AND PERMITS1,504,100416,670824,308679,79255%394,800 # * - INTERGOVERNMENTAL1,108,5000279,009829,49125%312,523 # * - CHARGES FOR SERVICES4,235,775349,3831,655,9912,579,78439%1,292,098 # * - FINES AND FORFEITS1,50041099850267%2,735 # * - MISCELLANEOUS215,74817,31456,127159,62126%62,156 # TOTAL REVENUES24,228,023807,1692,853,74421,374,27912%2,089,954 # EXPENDITURES: 11 - MAYOR & COUNCIL(185,260)(5,823)(75,406)(109,854)41%(68,629) # 12 - ADMINISTRATION(1,555,530)(90,637)(357,728)(1,197,802)23%(296,182) # 13 - CITY CLERK(399,170)(20,493)(79,337)(319,833)20%(90,042) # 15 - FINANCE(1,243,700)(61,345)(241,551)(1,002,149)19%(212,290) # 17 - COMMUNITY DEVELOPMENT(674,905)(29,759)(116,803)(558,102)17%(150,617) # 18 - FACILITIES(408,986)(22,203)(106,042)(302,944)26%(109,250) # 31 - POLICE DEPARTMENT(7,625,014)(524,654)(2,198,678)(5,426,336)29%(2,149,040) # 32 - FIRE(2,079,785)(124,520)(539,843)(1,539,942)26%(587,589) # 33 - INSPECTION-BLDG-PLMBG-HTG(669,967)(61,317)(204,353)(465,614)31%(181,117) # 41 - ENGINEERING(739,178)(40,536)(185,155)(554,023)25%(169,508) # 42 - STREET MAINTENANCE(2,225,116)(106,909)(509,169)(1,715,947)23%(473,083) # 44 - FLEET(429,595)(32,373)(115,822)(313,773)27%(97,795) # 46 - PARK MAINTENANCE(1,644,596)(77,776)(341,954)(1,302,642)21%(349,124) # 66 - NATURAL RESOURCES(198,092)(19,468)(47,951)(150,141)24%(37,131) # 67 - RECREATION(2,529,679)(150,094)(614,539)(1,915,140)24%(593,774) # 91 - UNALLOCATED(218,450)(9,886)(1,425)(217,025)1%(1,995) # TOTAL EXPENDITURES(22,827,023)(1,377,793)(5,735,755)(17,091,268)25%(5,567,166) # OTHER FINANCING - * - TRANSFERS IN250,00000250,0000%0 - * - TRANSFERS OUT(2,100,000)00(2,100,000)0%0 - OTHER FINANCING TOTAL(1,850,000)00(1,850,000)0%0 - FUND TOTAL(449,000)(570,624)(2,882,011)2,433,011(3,477,212) - Key Varies more than 10% than budget positively Varies more than 10% than budget negatively Within 10% of budget Variances worth noting on the revenue side of the budget include Taxes and Licenses & Permits. As I have mentioned in previous presentations, revenues and expenditures can vary on the frequency of collection and payment. Large infrequent payments or collections such as tax payments that happen twice a year can skew budget-to-actual comparisons significantly. Understanding these unique variances is important in gaining a complete financial picture. License & Permit collections are continuing to comeinat higher than anticipated rates. Below is a report for the first quarter comparing year-over-year building related permits. The quantity of permits is up over 100 and the valuation of all the permits is over four times the amount of first quarter 2015. Expenditures are all within or significantly below anticipated budget allotments as of April 30, 2016. Investment Analysis Thecitycontracts with Advantus Capital Management to manage the city’s investment portfolio.Below is a summary of the city’s investment return through March 31, 2016. The chart compares gross return, net return (after the deduction of investment manager fees) and a benchmark return. We just added the income return column to the graph over the past year. This column is beneficial in comparing actual interest income to the gross and net return, which includes book-to-marketvalueadjustments. Governmental accounting standards require the cityto book market value fluctuations from year-to- year even though the city’s investment policy requires investments to be held to maturity with a few exceptions. Investment Policy Tidbits Thecity’s investment portfolio adheres to both itsinvestment policy and State Statutes. Cities are limitedlegallyon investment types to minimize the risk of principal loss. In addition, all investments are heldin a safekeeping accountwith U.S. Banks custody department. Below is additional information on thecity’s investment portfolio. Investment Summary Given the city’s limited investment markets and historically low interest rates, the cityis achieving a very respectablerate of return while first assuring safety and liquidity. (DRAFT) CITY OF SHAKOPEE POLICY FOR APPOINTMENT AND OPERATION OF BOARDS AND COMMISSIONS 1. Purpose: This policy establishes consistent procedures and standards for the appointment of individuals to all city boards and commissions, and applies to individuals serving on city boards and commissions appointed by the Shakopee City Council. This policy does not apply to temporary or ad hoc committees or to appointments made by the council to external boards, commissions or committees. This policy supersedes all other policies on boards and commissions including Administrative Policy No. 164 and Resolutions No.2847, 3919 5697 and 5818. 2. Duties of Boards and Commissions: All boards and commissions shall act in an advisory capacity to the city council with the exception of the Shakopee Public Utilities Commission, and the Board of Adjustment and Appeals which is a quasi-judicial body. 3. Qualificationsand Restrictions: a. Applicants shall be a resident of the City of Shakopee. b. Persons interested in appointment or reappointment to a city board or commission shall complete a City of Shakopee Boards & Commissions application as provided by the city on its website. c. Applications shall be received by the City Clerk on or before the advertised deadline. Late or incomplete applications will not be considered. All applications will be held by the clerk for a period of one year. d. No person shall serve as a regular voting member on more than one board or commission, except that the same person may serve on both the Board of Adjustment and Appeals and on the Planning Commission. e. Any conflict of interest between an applicant and their proposed role as a member of a board or commission shall be divulged in the application process. A failure to do so may inexpulsion. f. Persons currently holding any elective municipal, county, state or federal office shall not be eligible to serve in a regular voting position on any board or commission. If a sitting board or commission member is elected mayor or to city council, that sitting member shall resign their board or commission position prior to swearing in and accepting the position as a mayor or councilmember. g. City employees (part-time or full-time) are not eligible to serve on a city board or commission, unless serving in an advisory and/or ex officio (non-voting) capacity. h. Applicants shall indicate which board or commission they are interested in on their application. If interested in more than one, applicants shall indicate an order of preference. 4. Selection Process: a.During the first week of January, a notice inviting applications for the City of Shakopee Boards and Commission shall be placed in the official newspaper, online(website and social media),and emailed to city email subscribers. Potential members will have approximately three weeks to apply with all applications to be due no later than 4:30 pm on the last Friday in January. b.City staff will screen all applications for residency and other requirements as outlined in paragraph 3 above. c. In February, city staff will coordinate interviews with the Interview Committee for all non- incumbent applicants who have successfully satisfied the screening requirements. There is no requirement for incumbent applicants to interview, but they may choose to do so. d. The Boards and Commissions Interview Committee shall be appointed by the mayor and confirmed by the city council and shall consist of two city councilmembersand the vice-chairof the board/commission for which applications are being made. If there is no vice-chair, of if the vice-chair is to be considered for reappointment as a board/commission member, the mayor shall make an appointment of an individual (other than the vice-chair) who is knowledgeable about the position being filled. e. The qualifications for service on a board or committee shall be those that in the judgement of the interview committee are representative of the community and are qualifiedby training, experience, and interest for the fulfilment of the commission’s responsibility. Theinterview committee may elect to submit more applicants than the number of available positions if it determines the candidates are qualified. f. If the interview committee does not agree which candidates to forward to city council for a particular board or commission, all candidates for that board or commission shall be forwarded to city council for selection and approval. g. City council has the ability to approve any of the candidates submitted to them by the interview committee. h. On the day following council action, the city clerk shall notify each applicant of the council’s appointment decision. Letters will subsequently be mailed to each individual appointed to a board or commission stating the name of the board to which they have appointed, the name of the staff liaisonfor their board, and any other pertinent information relevant to the position including a copy of the current “City of Shakopee Boards and Commissions Manual” which will cover responsibilities of board members as well as information on ethics, conflicts of interest and open meetings requirements. i. The city clerk shall also prepare and mail letters to those not selected for service to express the council’s appreciation for their willingness to serve the City of Shakopee and to encourage them to volunteer in other areas of the community. 5. Terms of Office a. Residents are appointed at the pleasure of the Shakopee City Council, and can be removed or replaced at any given time by the same. b. Terms of office for all boards and commissions are for three years, except for the Planning Commission/Board of Adjustment and Appeals which have a term of four years. c. Occasionally, a member may be unable to finish their term, may voluntarily resign, or may be removed by council prior to the expiration of their term. In such cases, the vacant position may be filled by the city council with a mid-term appointee who will serve out the remainder of the unexpired term. In such a case, the interview committee shall refer any qualified applicants from the current year kept on file with the city clerk for council action. No interview is required absent a lack of qualified applicants on file with the city clerk, which would necessitate a new solicitation process. 6. Attendance: a. The council is appreciative of the dedication and contribution of those willing to donate their time to community service. Any decision reachedby a City of Shakopee board or commission hasan impact on the community as a whole. Board and commission members are required to maintain regular attendance. Members who cannot attend a meeting should inform the staff liaison 24 hours in advance of the scheduled meeting. b. Any member of a board or commission who is absent1) from more than two consecutive regular meetings, or2) twenty-five percent (25%) of the regularly scheduled meetings during the twelve month period immediately preceding and including the absence in question without explanation acceptable to a majority of the other membersshall have their name forwarded to the city council for action to remove them from their position. 7. Compensation Members serving on municipal board and commissions are not monetarily compensated. The City of Shakopee will however pay for training workshops, mileage expenses, and meals/lodging for members attending budgetedboard/commission functions. 8. Orientation Program Newly appointed members should make every effort to become as familiar as possible with all aspects of their particular board/commission. The city will provide basic information to all board/commission members about the city, the purposeand responsibility of the board/commission, and additional information to assist members in the performance of their duties. 9. Organizational Meeting At the first committee/board meeting following city council approval of new members, an organizational meeting of each committee/board will be held. At this meeting, new/reappointed members shall take an oath of office, and elect a chairperson from among its body. Nomember shall serve as chair until he or she shall have served for one full year on the board/commission. Roberts Rules of Order (Newly Revised) shall govern all meetings as to procedural matters not set forth in the state statutes or city code. A record shall be kept of all transactions and findings.