HomeMy WebLinkAboutOctober 01, 2024 Council PacketSHAKOPEE
Shakopee City Council Regular Meeting
Tuesday, October 1, 2024
7:00 PM
City Hall, 485 Gorman Street
Vision: Shakopee is a place where people want to be! A distinctive river town, with a
multitude of business, cultural and recreational opportunities in a safe, welcoming, and
attractive environment for residents and visitors
Mission: Our mission is to deliver high quality services essential to maintaining a safe
and sustainable community. We commit to doing this cost-effectively, with integrity and
transparency.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Special Presentations
4.a Southern Valley Alliance Update
Adopt proclamation recognizing October as Domestic Violence Awareness
Month.
2024 Proclamation.pdf
5. Approval of Agenda
6. Consent Agenda
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these unless a council member or staff requests, in which event the item will be removed
from the consent agenda for separate discussion & action.
6.a City Council Meeting Minutes of September 17, 2024.
Approve the City Council meeting minutes of September 17, 2024.
September 17, 2024
6.b Approve On -Sale and Sunday Liquor licenses for Soi21 Asian Bistro.
Approve on -sale and Sunday liquor licenses for Soi21 Asian Bistro, located
at 8048 Old Carriage Court.
6.c Approve On -Sale and Sunday Liquor Licenses for Do & Huynh Inc. dba Bun
Mee Vietnamese Baguette Express.
Approve On -Sale and Sunday Liquor Licenses for Do & Huynh Inc. dba Bun
Mee Vietnamese Baguette Express, located at 4135 Dean Lakes Blvd.
6.d Accept Quotes and Award Contract for the Horizon Drive Storm Sewer
Reconstruction Project.
Accept quotes and award a contract to Minnesota Dirtworks, Inc., for the
Horizon Drive Storm Sewer Reconstruction Project, in the amount of
$57,678.14.
CIP Summary Sheet.pdf
Quote Tabulation.pdf
Project Location.pdf
Horizon Drive Contract.pdf
6.e Approve a Special Event Permit and a Temporary Liquor License for the
Shakopee Chamber & Visitors Bureau Holiday Fest Event, being held on
December 7, 2024.
Approve the requested street closure, suspension of City Code 114.11 and
a temporary liquor License for the Holiday Fest event, hosted by the
Shakopee Chamber & Visitors Bureau.
20240926_102550.pdf
6.f Declaration of surplus property
Declare equipment as surplus and authorize its disposal
IT Equip.pdf
6.g Approval request to declare abandoned property as surplus.
The Shakopee Police Department is seeking council approval to declare
the listed property
as surplus and authorize its administrative disposal.
Surplus Property-1024.pdf
6.h Encroachment Agreement between City of Shakopee and Midway Hospitality
LLC (Culvers) for a retaining wall in a drainage and utility easement.
Make a motion to approve Encroachment Agreement.
22-0271.00 Culvers Shakopee RLS_04242024.pdf
Encroachment Agreement --Tract B--Execution Version (9-16-24).pdf
6.i
2025 Kavira Health Benefit
Approve Kavira Health Benefit contract, as requested
Kavira_City of Shakopee Corporate Agreement_2024.pdf
7. Public Comment
Individuals may address the City Council about any item not on the regular agenda. Speakers are
requested to come to the center table, state their name and address for the clerk's record, and limit their
remarks to three minutes. The City Council will not take official action on items discussed at this time, but
may refer the matter to staff for a follow up report or direct that matter be scheduled on an upcoming
agenda.
7.a Legislative Recap by Representative Bakeberg
None
8. Business removed from consent agenda
9. Public Hearings
10. Recess for Economic Development Authority Meeting
11. Reconvene
12. General Business
13. Workshop
14. Reports
Liaison and Administration
14.b Liaison and Administration
N/A
15. Other Business
16. Adjournment to Tuesday, October 15, 2024 at 7:00 pm
WILAI
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 4.a
October 1, 2024
Southern Valley Alliance Update
Chelsea Petersen, Assistant City Administrator
Action to be considered:
Adopt proclamation recognizing October as Domestic Violence Awareness Month.
Motion Type:
Simple Majority
Background:
Representatives from Southern Valley Alliance will present an update on the previous
year's activities, and request that City Council consider a proclamation to raise awareness
during Domestic Violence Awareness Month.
Recommendation:
Adopt proclamation recognizing October as Domestic Violence Awareness Month.
Budget Impact:
N/A
Attachments:
2024 Proclamation.pdf
OFFICIAL PROCLAMATION
A PROCLAMATION OF THE CITY OF SHAKOPEE DECLARING OCTOBER AS
DOMESTIC VIOLENCE AWARENESS MONTH
The City of Shakopee recognizes the critical work being done by domestic violence advocates in
service of survivors and victims of domestic abuse. I encourage all citizens to actively engage in
the work and events sponsored by Southern Valley Alliance and other organizations working
toward the elimination of domestic violence.
WHEREAS, 1 in 4 women and 1 in 7 men in the US have been the victim of severe physical
violence by an intimate partner in their lifetime;
WHEREAS, more than 23,000 calls are placed to domestic violence hotlines nationwide every
day;
WHEREAS, calls to our local domestic abuse crisis line, Southern Valley Alliance, have increased
23% in the last year;
WHEREAS, the impact of domestic violence is felt not only by individuals and families, but
communities and the nation as a whole;
WHEREAS, Shakopee joins with others across the state of Minnesota, and nationwide, in
supporting domestic violence victims and survivors, the advocates and organizations who serve
them, and holding offenders accountable.
NOW, THEREFORE, BE IT RESOLVED that the members of the City Council of the City of
Shakopee hereby Proclaim October 2024 as Domestic Violence Awareness Month.
Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 1st
day of October, 2024.
Mayor
City Clerk
WILAI
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.a
October 1, 2024
City Council Meeting Minutes of September 17, 2024.
Lori Hensen, City Clerk
Lori Hensen
Action to be considered:
Approve the City Council meeting minutes of September 17, 2024.
Motion Type:
Simple Majority
Background:
N/A
Recommendation:
Approve the City Council meeting minutes of September 17, 2024.
Budget Impact:
N/A
Attachments:
September 17, 2024
1.111111
SHAKOPEE
Mayor Matt Lehman presiding
1. Roll Call
Shakopee City Council Minutes
September 17, 2024
7:00 PM
City Hall, 485 Gorman St.
Present: Mayor Matt Lehman, Council Members Jay Whiting, Angelica Contreras, Jim
DuLaney, Jesse Lara
Staff Present: City Administrator Bill Reynolds, City Attorney Jim Thomson, City
Engineer Alex Jordan, Finance Director Nate Reinhardt, City Clerk Lori Hensen,
Planning/Development Director Michael Kerski, Public Works Director Bill Egan,
Parks/Recreation Director Kelsi McNutt
2. Pledge of Allegiance
3. Approval of Agenda
Council Member Angelica Contreras made a motion to approve the agenda, second by
Council Member Jim DuLaney and the motion passed.
5-0
4. Consent Business - (All items listed in this section are anticipated to be routine. After
a discussion by the Mayor there will be an opportunity for members of the Council to
remove any items from the consent agenda for individual discussion. Those items
removed will be considered following the Public hearing portion of the agenda. Items
remaining on the Consent Agenda will not be discussed and will be approved in one
motion.)
Council Member Jay Whiting made a motion to approve the consent agenda, second by
Council Member Angelica Contreras and the motion passed.
5-0
A. Administration
*4. A.1. *City Council Minutes
Approve the minutes of September 3, 2024.
*4. A.2. *Certification of Delinquent Sewer and Storm Drainage Accounts
Page 1 of 5
1. Adopt Resolution R2024-120, certifying assessments for delinquent sewer and
storm drainage accounts from August 1, 2023 thru December 31, 2023.
2. Add a $25 administrative charge for collection with payable 2025 property taxes.
3. Write off delinquent accounts less than $25 which total $430.40.
*4. A.3. *Declare amounts, order the preparation of proposed assessments, set a
public hearing date for delinquent false alarm & mowing service bills
Adopt Resolution R2024-121, a resolution declaring the amount to be assessed,
ordering the preparation of proposed assessments, and set the public hearing date for
delinquent ordinance services.
*4. A.4. *Monthly Financial Review - August 2024
Review of August 2024 General Fund revenues/expenditures.
*4. A.S. *Declare amounts, order the preparation of proposed assessments, set a
public hearing date for delinquent refuse bills
Adopt Resolution R2024-122, declaring the amount to be assessed, ordering the
preparation of proposed assessments, and setting the public hearing date for
delinquent refuse bills.
*4. A.6. *Approve Tobacco, 3.2 Off Sale and Sunday Liquor Licenses for Holiday
Stationstores
Approve tobacco, 3.2 off sale and Sunday liquor licenses for Holiday Stationstores,
located at 1605 Windermere Way.
*4. A.7. *Minnesota Board of Water and Soil Resources' Clean Water Fund
Watershed Based Implementation Funding Grant Award
Adopt Resolution R2024-127, accepting the Minnesota Board of Water and Soil
Resources' (MN BWSR) Clean Water Fund Watershed Based Implementation
Funding (WBIF) grant award and authorizing the City Administrator to execute the
necessary contracts and agreements applicable to accepting this award.
*4. A.B. *US Department of Transportation Safe Streets and Roads for All Grant
Award
Adopt Resolution R2024-126, accepting US Department of Transportation (US DoT)
Safe Streets and Roads for All (SS4A) grant award and authorizing the City
Administrator to execute the necessary contracts and agreements applicable to
accepting this award.
*4. A.9. *Minnesota Department of Public Safety's Toward Zero Deaths
Enforcement Program Grant Award
Adopt Resolution R2024-124, accepting the Minnesota Department of Public
Page 2of5
Safety's (MN DPS) Toward Zero Deaths (TZD) grant award and authorizing the City
Administrator to execute the necessary contracts and agreements applicable to
accepting this award.
*4. A.10.*Minnesota Department of Safety's DWI/Traffic Safety Officer Program
Grant Award
Adopt Resolution R2024-125, accepting the Minnesota Department of Public
Safety's (MN DPS) DWI/Traffic Safety Officer (DWI/TSO) grant award and
authorizing the City Administrator to execute the necessary contracts and agreements
applicable to accepting this award.
*4. A.11.*Approve a Special Event Permit and a Temporary Liquor License for the
Shakopee Chamber & Visitors Bureau
Approve the requested street closure, suspension of City Code 114.11, and a
temporary liquor license, for the Shak-O-Lantern Festival, hosted by the Shakopee
Chamber & Visitors Bureau.
B. Engineering
*4. B.1. *Accept the Lions Park Pickleball Court Park Project and Authorize Final
Payment
Adopt Resolution R2024-118, accepting work on the 2022 Lions Park Pickleball
Court Project, PR-21-004, and authorize final payment in the amount of $3,052.56 to
BKJ Land Co. II, Inc., dba BKJ Excavating.
*4. B.2. *Accept the Southbridge Lift Station Project and Authorize Final Payment
Adopt Resolution R2024-119, accepting work on the Southbridge Lift Station
Rehabilitation Project, SAN-23-002, and authorize final payment of $3,036.70 to
Pember Companies Inc.
*4. B.3. *Accept Proposal from EOR for Arbor Bluffs Stream Stabilization
Accept proposal for professional services from EOR in the amount of $88,200 for
design and construction services for the Arbor Bluff Stream Stabilization project.
C. Planning and Development
*4. C.1. *Final Plat of Canterbury Southwest Fifth Addition
Adopt Resolution R2024-123, a resolution approving the final plat of Canterbury
Southwest Fifth Addition.
*4. C.2. *Award Contract to Braun Intertec for Construction Testing and Inspections
for Jackson Commons Park Construction
Approve a contract with Braun Intertec for Construction Inspection and Testing for an
Page 3of5
amount not to exceed $50,000.
*4. C.3. *Agreement for Miracle Field with Shakopee Lions Club
Approve Agreement with the Shakopee Lions for the creation of a Miracle Field at
Tahpah Park.
D. Police
*4. D.1. Surplus Property
Declare one firearm as surplus property and authorize disposal.
5. RECOGNITION OF INVOLVED RESIDENTS BY CITY COUNCIL - Provides
an opportunity for the public to address the Council on items which are not on the
agenda. Comments should not be more than five minutes in length. The Mayor may
adjust that time limit based upon the number of persons seeking to comment. This
comment period may not be used to make personal attacks, to air personality
grievances, to make political endorsements or for political campaign purposes. Council
Members will not enter into a dialogue with citizens, and questions from Council will
be for clarification only. This period will not be used to problem solve issues or to
react to the comments made, but rather for informational purposes only.
6. Business removed from consent will be discussed at this time
7. General Business
A. Administration
7. A.1. 2025 Proposed Property Tax Levies and Debt Levy Cancellations
Council Member Jesse Lara made a motion to adopt Resolution R2024-115, canceling
Debt Service Levies for taxes payable in 2025, second by Council Member Angelica
Contreras and the motion passed. 5 - 0
Council Member Jay Whiting made a motion to adopt Resolution R2024-116, setting
Proposed Maximum 2024 Property Tax Levy collectible in 2025, second by Council
Member Angelica Contreras and the motion passed.
3-2
Nays: DuLaney, Lehman
Council Member Angelica Contreras made a motion to adopt Resolution R2024-117,
approving the Levy of a Special Benefit Levy pursuant to Minnesota Statutes,
Page 4of5
Section 469.033, Subdivision 6 by the Economic Development Authority for the City
of Shakopee, Minnesota, second by Council Member Jesse Lara and the
motion passed.
3-2
Nays: DuLaney, Lehman
8. Reports
8.A. City Bill List
Informational only
B.B. Liaison and Administration
9. Other Business
10. Adjournment to Tuesday, October 1, 2024, at 7 p.m.
Council Member Jesse Lara made a motion to adjourn to Tuesday, October 1, 2024,
at 7:00 pm, second by Council Member Jay Whiting and the motion passed.
5-0
Page 5of5
WILAI
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.b
October 1, 2024
Approve On -Sale and Sunday Liquor licenses for Soi21 Asian Bistro.
Heidi Emerson, Deputy City Clerk
Lori Hensen, City Clerk
Action to be considered:
Approve on -sale and Sunday liquor licenses for Soi21 Asian Bistro, located at 8048 Old
Carriage Court.
Motion Type:
Simple Majority
Background:
Staff has received an application for On -Sale and Sunday liquor licenses for Soi21 Asian
Bistro, located at 8048 Old Carriage Court North. The application is in order and the fees
have been paid. All permits must be approved, prior to issuance of the license.
The Police Department conducted a background investigation and found nothing that
would prohibit issuance of the license.
Recommendation:
Approve the above requested motion.
Budget Impact:
None.
Attachments:
WilkAl
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.c
October 1, 2024
Approve On -Sale and Sunday Liquor Licenses for Do & Huynh Inc. dba
Bun Mee Vietnamese Baguette Express.
Heidi Emerson, Deputy City Clerk
Lori Hensen, City Clerk
Action to be considered:
Approve On -Sale and Sunday Liquor Licenses for Do & Huynh Inc. dba Bun Mee
Vietnamese Baguette Express, located at 4135 Dean Lakes Blvd.
Motion Type:
Simple Majority
Background:
Staff has received applications for On Sale and Sunday liquor licenses for Do & Huynh Inc.
dba Vietnamese Baguette Express, located at 4135 Dean Lakes Boulevard. The application
is in order and the fees have been paid.
The Police Department has conducted a background investigation and found nothing that
would prohibit issuance of the license.
Recommendation:
Approve the above requested motion.
Budget Impact:
None.
Attachments:
WILAI
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.d
October 1, 2024
Accept Quotes and Award Contract for the Horizon Drive Storm Sewer
Reconstruction Project.
Alex Enyi, Project Coordinator
Alex Jordan, City Engineer
Action to be considered:
Accept quotes and award a contract to Minnesota Dirtworks, Inc., for the Horizon Drive
Storm Sewer Reconstruction Project, in the amount of $57,678.14.
Motion Type:
Simple Majority
Background:
City staff identified a sink hole caused by a failing storm sewer utility located on Horizon
Drive east of Foothill Trail. This sink hole is within the roadway and poses a safety hazard
to the public. The recommended improvements include replacement of the failing storm
sewer system and repaving the roadway.
Quotes for the repairs were solicited and opened on September 6, 2024. Three quotes
were received and Minnesota Dirtworks, Inc., from Lakeville, Minnesota, is the low bidder
in the amount of $57,678.14 (see attached quote tabulation). Minnesota Dirtworks, Inc.
has the capacity and experience for the project and is deemed a responsible bidder.
Recommendation:
Award contract as requested.
Budget Impact:
The City's Capital Improvement Plan (CIP) includes $150,000 for Annual Erosion, Pond
Cleaning and Outlet Improvements, project STORM-24-010. The repairs will be funded
out of the Storm Drainage Fund.
Attachments:
CIP Summary Sheet.pdf
Quote Tabulation.pdf
Project Location.pdf
Horizon Drive Contract.pdf
Capital Improvement Plan
City of Shakopee, Minnesota
2024 thru 2028
Project # Storm-24-010
Projeet Name Annual Erosion/Pond Cleaning/Outlet Improvements
Accounting Code
Fund Surface Water Fund
Description
Project Code
Department
Contact
Type
Useful Life
Category
Priority
Status
Total Project Cost:
Storm Drainage Fund
Public Works Director
Maintenance
Storm Sewer/Drainage
2 Important -Provide Efficienci
Active
$750,000
This project is a placeholder for improvements in future years to address erosion and pond maintenance issues.
Justification
These projects are needed to address safety, erosion, water quality and pond outlet issues when large maintenance or repairs are needed.
Expenditures
2024 2025 2026 2027 2028 Total
Construction/Maintenance
Engineering/Administration
125,000 125,000 125,000 125,000 125,000 625,000
25,000 25,000 25,000 25,000 25,000 125,000
Total
Funding Sources
150,000 150,000 150,000 150,000 150,000 750,000
2024 2025 2026 2027 2028 Total
Storm Drainage Fund
150,000 150,000 150,000 150,000 150,000 750,000
Total
Budget Impact/Other
150,000 150,000 150,000 150,000 150,000 750,000
Projects are identified through issues with frequent maintenance, and inspections required by the NPDES MS4 permit.
228
TABULATIONS OF BIDS
CITY OF SHAKOPEE
Horizon Drive Storm Sewer Recon
> NO. 3
Northwest
Asphalt
Shakopee
EXTENDED
TOTAL
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S 2,495.50
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Roadways, Inc
Mendota Heights
EXTENDED
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Lakeville
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ITEM DESCRIPTION
MOBILIZATION
CLEARING AND GRUBBING
SALVAGE CASTING
REMOVE. DRAINAGE STRUCTURE
SAWING BITUMINOUS PAVEMENT (FULL DEPTH)
RF,MOVE, STORM SEWER PIPE (ALL TYPES)
REMOVE. BITUMINOUS PAVEMENT
AGGREGATE, BASE CLASS 5
BITUMINOUS MATERIAL FOR TACK COAT
TYPE SP 9.5 WEARING COURSE MIXTURE (2, C)
24" RC PIPE SEWER DES 3006 CL III
CONNECT TO EXISTING STORM SEWER
CONST DRAINAGE STRUCTURE DES 48-4020
INSTALL CASTING
CONCRETE, CURB & GUTTER (ANY TYPE)
6" CONCRETE PAVEMENT
TRAFFIC CONTROL
SITE RESTORATION
o
z
H
0
PRI
AI
_A
R
P
0
A
P
A
PROJECT LOCATION
0
A
P
P
P
WILLA!
SHAKOPEE
HORIZON DRIVE
STORM SEWER RECONSTRUCTION
DATE:
SEPT 2024
DRAWN BY:
AE
SHAKOPEE ENGINEERING DEPARTMENT
FIGURE:
1
CONTRACT
THIS CONTRACT, made and entered into this 1st day of October , 2024 by and between
Minnesota Dirtworks, Inc., hereinafter called "Contractor", and the City of Shakopee, Minnesota, a
municipal corporation, hereinafter called "City."
WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for
furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the
following City improvements:
HORIZON DRIVE STORM SEWER RECONSTRUCTION
NOW THEREFORE, the parties to this contract agree to the following:
1. Manner for Completion. The Contractor, at his own proper cost and expense, shall
perform all work and furnish all supervision (needed beyond that provided by the City Engineer),
labor, material, tools, supplies, machinery and other equipment necessary for the construction of the
Horizon Drive Storm Sewer Reconstruction for the City of Shakopee, Minnesota, in a workman-
like and substantial manner, as outlined in the Request For Quotation (RFQ).
2. Due Diligence. The maintenance of a rate of progress in the work which will result in its
completion in a reasonable time, is an essential feature of this Contract, and the Contractor agrees to
proceed with all due diligence and care, at all times to take all precautions to ensure the time of
completion as defined in this Contract. The Contractor shall fully complete the work called for
under the Contract in accordance with the RFQ.
3. Payment. The City will pay the Contractor those prices stipulated in the Contractor's
Quotation, which are incorporated herein by reference and made a part of this Contract, which shall
constitute full and complete compensation for the contractor's work provided hereunder. The
parties specifically agree and understand and the Contractor specifically waives any claim for
additional compensation for any changed condition whether arising out of a physical condition at
the site of an unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character and at the location provided for in the Contract or
arising as a result of any force majeur.
4. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor
shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of
persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all
subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set
forth, insofar as applicable to the work of subcontractors and to give Contractor the same power
regarding termination of any subcontract as the City may exercise over Contractor under any
City of Shakopee — Contract
Horizon Drive Storm Sewer Reconstruction
September 2024
Page 1 of 6
provisions of this contract. Nothing contained in this Contract shall create any contractual relation
between the subcontractor and the City or between any subcontractors.
5. Payment to Subcontractors. The Contractor shall pay any subcontractor within ten
days of receipt of payment from the City for undisputed services provided by the subcontractor. If
the Contractor fails to pay within ten days, the Contractor shall pay the subcontractor interest at the
rate of one and one-half percent per month or part of month to the subcontractor on any undisputed
amount not paid on time to the subcontractor, in accordance with Minn. State. Sec. 471.425, Subd.
4a.
6. City Instructions. The City may declare the contract forfeited, should the Contractor
persistently disregard instructions of the City or fail to observe or perform any provisions of this
Contract.
7. Requirements of Performance Bond. The successful bidder, at the time of the
execution of the Contract, shall furnish and at all times maintain a satisfactory and sufficient
bond in full amount of the Contract as required by law with a corporate surety satisfactory to the
Owner. The form of bond is that required by statute. Personal sureties will not be approved.
8. Indemnity. The Contractor agrees to defend, indemnify, and save the City harmless
from and against all claims, suits and actions of every description, brought against the City and from
all damage and costs by reason or on account of any injuries or damages received or sustained by
any person or persons, or their property, by Contractor, its servants, agents or subcontractors in the
construction of said work, or by any negligence or carelessness in the performance of same, or on
account of any other wrongful act or omission, including breach of any provision of this Contract,
of Contractor, its independent subcontractors, agents, employees, or delegates. The Contractor
further agrees to indemnify the City for defense cost incurred in defending any claims, unless the
City is determined to be at fault. The Contractor shall provide a Certificate of Insurance with the
City of Shakopee named as an additional insured. The limits of liability shall be as follows:
Worker's Compensation
(1) State Statutory
(2) Applicable Federal (e.g. Longshoreman's): Statutory
(3) Employer's Liability: $2,000,000
Contractor's Liability Insurance including completed operations and product liability
coverages and eliminate the exclusion with respect to property under the care, custody and
control of Contractor:
City of Shakopee — Contract
Horizon Drive Storm Sewer Reconstruction
September 2024
Page 2 of 6
General Aggregate
(Except Products - Completed Operations) $2,000,000
Products - Completed
(Operations Aggregate) $2,000,000
Personal and Advertising
Injury (Per Person/Organization) $2,000,000
Each Occurrence
(Bodily Injury and Property Damage) $2,000,000
Property Damage Liability Insurance will provide
explosion, collapse and underground coverages $2,000,000
where applicable.
(6) Excess Liability
General Aggregate $2,000,000
Each Occurrence $2,000,000
Automobile Liability:
(1) Bodily Injury:
$2,000,000 Each Person
$2,000,000 Each Accident
Property Damage:
$2,000,000 Each Accident
or
(2) Combined Single Limit (Bodily Injury and Property Damage)
$2,000,000 Each Accident
9. Duplicate Originals. This Contract shall be executed in two copies; one (1) copy being
retained by the City, one (1) to be delivered to the Contractor.
City of Shakopee — Contract
Horizon Drive Storm Sewer Reconstruction
September 2024
Page 3 of 6
10. Nondiscrimination. The Contractor agrees in the performance of this Contract not to
discriminate on the ground or because of race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, sexual orientation or age, against any
employee of Contractor or applicant for employment, and shall include a similar provision in all
subcontracts let or awarded hereunder
11. Jurisdiction. This agreement and every question arising hereunder shall be construed
or determined according to the laws of the State of Minnesota.
CONTRACTOR CITY OF SHAKOPEE, MINNESOTA
By By
Matt Lehman/Mayor
By By
Bill Reynolds/City Administrator
City of Shakopee — Contract
Horizon Drive Storm Sewer Reconstruction
September 2024
Page 4 of 6
WILLA!
SHAKOPE E
Engineer Department
City of Shakopee
Phone: 952-233-9369
FAX: 952-233-3807
REQUEST FOR QUOTATION
HORIZON DRIVE STORM SEWER RECONSTRUCTION
DOCUMENT DATE:
QUOTATIONS DUE By:
SUBSTANTIAL COMPLETION DATE:
FINAL COMPLETION DATE:
SEPTEMBER 1 , 2024
SEPTEMBER 5, 2024
OCTOBER 15, 2024
OCTOBER 25, 2024
QUOTATION FORM
HORIZON DRIVE STORM SEWER RECONSTRUCTION
COMPANY NAME: hi 11)(16sokt D ri 1,0o(1a ,rrx,
ADDRESS: t000 �� ) I/'���I , LAk u /, 444/
TELEPHONE:
QUOTATIONS ARE DUE BY 11:00 A.M., LOCAL TIME, THURSDAY, SEPTEMBER 5, 2024
To:
Alex Enyi, Project Manager
485 Gorman Street
Shakopee, MN 55379
Email: aenyila shakopeemn.gov
The undersigned, as bidder, hereby proposes and agrees to enter into a contract with the City of Shakopee to supply
all labor, materials, and equipment necessary to complete the City Project, all in accordance with the plans and
specifications prepared by the City of Shakopee and in strict accordance with the unit prices herewith.
The final amounts of the contract shall be determined by multiplying the final measured quantities as authorized
and actually furnished and installed in the manner described in the specifications, by the unit stated in this proposal
form. The Contractor will not be entitled to any compensation on any items other than those listed on this proposal
form.
The bidder must bid each item.
The contract award will be based upon the low bid. In the event the unit prices extended do not equal the total bid,
the unit prices shall govern to become the total bid.
City of Shakopee — Quotation Form
Horizon Drive Storm Seer Reconstruction
September 2024
Page 1 of 4
[
NO.
_
ITEM NO.
DESCRIPTION
UNIT
QTY
UNIT PRICE
AMOUNT OU T
1
2021.501
MOBILIZATION
S� P
1
{ 3 1D -.it
so
2
2101.505
CLEARING AND GRUBBING
SQ YD
65 4"
/ ".i
I a) D
3
2104.502
SALVAGE CASTING
EACH
2
4 ) 3C Si
D73
4
2105.502
REMOVE DRAINAGE STRUCTURE
EACH
2
Al 0-3
1'
5
2104.503
SAWING BITUMINOUS PAVEMENT (FULL DEPTH)
LIN FT
60
�-
13
6
2104.503
REMOVE STORM SEWER PIPE (ALL TYPES)
LIN FT
65
4/ / 1!
gq f
7
2104.504
REMOVE BITUMINOUS PAVEMENT
SQ YD
155
61' 4
A3'
e.3,1.�
8
2211.509
AGGREGATE BASE CLASS 5
CY
40
. 40. 1
9
2357.506
BITUMINOUS MATERIAL FOR TACK COAT
GAL
12
4 10 V
OD lg.
10
2360.509
TYPE SP 9.5 WEARING COURSE MIXTURE (2, C)
TONS
31
41, 1002'
3 Nb.i
f /47..f
11
2503.503
24" RC PIPE SEWER DES 3006 CL III
LIN FT
66 ,,
0.3
12
2503.602
CONNECT TO EXISTING STORM SEWER
EACH
2 „S(
—4.21 }
) 1,93 12-
13
2506.502
CONST DRAINAGE STRUCTURE DES 48-4020
EACH
2 ,fir
'� 6yo--1-
iS '1=
14
2506.502
INSTALL CASTING
EACH
2 .1
/
3o af6p
15
2531.503
CONCRETE CURB & GUTTER (ANY TYPE)
LIN FT
100 ,-
65 �
6 6-00 14
16
2531.504
6" CONCRETE PAVEMENT
SQ FT
190
It a y-01
4 560 '''
17
2563.601
TRAFFIC CONTROL
SUMP
1Vol
5.ya
18
2575.504
SITE RESTORATION
SQ YD
65
) 3-�
.? S
Total Bid:
City of Shakopee Quotation Form
Horizon Drive Storm ScIcer Reconstruction
September 2024
s 6.7f lv
Page 2 of 4
The undersigned agrees as follows:
1. The City of Shakopee, Minnesota, reserves the right to reject any and all bids, to waive any minor
irregularities in bidding, and or to accept the bid or bids which best serve the interest of the City of Shakopee.
2. If this quotation is accepted, bidder will enter into a contract and furnish insurance certificate(s) within ten
(10) days after bidder's quote is accepted. Bidder agrees to commence work as soon as possible after
acceptance and to complete all work on or before the completion date, subject to the provisions of the contract
documents.
Respectfully Submitted,
Firm:
By:
Si nature o
rviesPig - Wofks
Bidder)
g
Title: Fits) [Ain',
MIrasei, Dk A/0(6, 12.
(Name) f l/
)+,15b. 6)k�-
(Address)
itev. II [I MV
(City and State)
DATE: 0VOW )O,a11
City of Shakopee Quotation Form
Horizon DriN e Storm Sewer Reconstruction
September 2024
Page 3 of 4
STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE
Applies to all prime contracts in excess of $50,000
A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3.
Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes
§16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor
and is not eligible to be awarded a construction contract for the project or to perform work on the project.
A false statement under oath verifying compliance with any of the minimum criteria shall render the
prime contractor or subcontractor that snakes the false statement ineligible to be awarded a construction
contract for the project and may result in termination of a contract awarded to a prime contractor or
subcontractor that makes a false statement.
A prime contractor shall submit to the contracting authority prior to execution of the contract. copies of the
signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7.
By signing this statement, 1, (,)& jn , � r (typed or printed name),
Fhc,:' er (title) certify that am an owner or officer of the company and do verify
under oath that my company is in compliance with each of the minimum criteria listed in the law.
Signed:
/1 11111410 -1t, DM- fn tis 1)G.
(name of the person, partnership or corporation s ubmitting this proposal)
1 � 2-3 4` Sa-ne Ices 1.�k�u><�1�� hill/ ��o4K
(business address)
NI J06/ 2pt
(bidder or authorized representative) Date
City of Shakopee — Quotation Form
Horizon Drive Storm Sewer Reconstruction
September 2024
Page 4 of 4
WILAI
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.e
October 1, 2024
Approve a Special Event Permit and a Temporary Liquor License for the
Shakopee Chamber & Visitors Bureau Holiday Fest Event, being held on
December 7, 2024.
Heidi Emerson, Deputy City Clerk
Lori Hensen, City Clerk
Action to be considered:
Approve the requested street closure, suspension of City Code 114.11 and a temporary
liquor License for the Holiday Fest event, hosted by the Shakopee Chamber & Visitors
Bureau.
Motion Type:
Simple Majority
Background:
The Shakopee Chamber & Visitors Bureau is requesting the following locations to be
closed at 11:00 a.m. (signs to be posted beginning Wednesday December 6th) until 6:30
p.m. for the annual Holiday Fest event:
• 1st Avenue between Holmes Street and Sommerville Street
• Lewis Street between 1st and 2nd Street
• Lewis Street Parking lot
• Huber Park (fireworks display)
The event will take place from 2:00 - 6:00 p.m., and include a tree lighting, a vendor
marketplace in the Lewis Street parking lot and other fun activities for the community to
enjoy. Along with a fireworks display after the tree lighting.
They are requesting that the City suspend city code 114.11 (A) Consumption and
Possession on Public Streets, Property and the like, to allow patrons to consume alcohol
on the closed streets. No glass containers will be allowed on the street. Patrons of the
festival will be able to purchase alcohol from the Shakopee Brew Hall and Mana Brewing
on the closed streets only. Anyone drinking alcohol will be carded and wrist banded.
Recommendation:
Approve the above requested motion.
Budget Impact:
Staff time will be needed to drop off and pick up barricades and garbage cans, post street
and parking lot closure signs and clear the streets. Most of this can be accomplished
during normal working hours.
Attachments:
20240926_102550.pdf
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WILAI
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.f
October 1, 2024
Declaration of surplus property
Chelsea Petersen, Assistant City Administrator
Myles Robb, Administration Intern
Action to be considered:
Declare equipment as surplus and authorize its disposal
Motion Type:
Simple Majority
Background:
The city's IT Department has a number of wireless access points and desk phones that
have exceeded their useful life, and been replaced as part of the city's Capital
Improvement Plan. At this time, staff is requesting to declare the equipment as surplus
property and authorize its disposal. All items listed will be listed for sale at an online
public auction, and if items are unable to be sold they will be recycled.
The surplus items are as follows and have photos attached:
• Mitel no. 6920 desk phones - 32
• Mitel no UC360 conference phones - 4
• Aruba APIN0315 - 36
• Aruba APIN0228 - 4
• Aruba AIN0615 - 3
Recommendation:
Approval as requested
Budget Impact:
N/A
Attachments:
IT Equip.pdf
SHAKOPEE
WILAI
Shakopee City Council 6.g
October 1, 2024
Agenda Item: Approval request to declare abandoned property as surplus.
Prepared by: Courtney LaBruyere, Evidence Technician
Reviewed by:
Action to be considered:
The Shakopee Police Department is seeking council approval to declare the listed
property
as surplus and authorize its administrative disposal.
Motion Type:
Simple Majority
Background:
The Shakopee Police Department is requesting that the attached property list be declared
surplus as it has exceeded the retention time provided by the Scott County Attorney's
Office. Items have been considered abandoned and will be donated to the Tri-County Law
Enforcement Association to be used as bidding items for a silent auction.
Recommendation:
Staff recommends that the property be declared surplus and be authorized for purposes
of donation.
Budget Impact:
There is no impact to the department budget.
Attachments:
Surplus Property-1024.pdf
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WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.h
October 1, 2024
Encroachment Agreement between City of Shakopee and Midway
Hospitality LLC (Culvers) for a retaining wall in a drainage and utility
easement.
Michael Kerski, Planning and Development Director
Lori Hensen
Action to be considered:
Make a motion to approve Encroachment Agreement.
Motion Type:
Simple Majority
Background:
Midway Hospitality LLC (Culvers) has previously received approval for a RLS to realign
properties to allow for additional parking and drive thru for the Shakopee Culvers.
Midway also entered into a Purchase Agreement with J & A Financial LLC (Americlnn by
Wyndham) for a portion of its property to provide for better circulation and access.
Because of the changes, additional stormwater ponding is required that includes a
retaining wall in the city's drainage and utility easement, triggering the requirement for
an encroachment agreement.
Recommendation:
Approve requested action.
Budget Impact:
None
Attachments:
22-0271.00 Culvers Shakopee RLS_04242024.pdf
Encroachment Agreement --Tract B--Execution Version (9-16-24).pdf
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ENCROACHMENT AGREEMENT
This Encroachment Agreement ("Agreement") is made as of the day of
, 2024, by and between the City of Shakopee, a Minnesota municipal corporation
("City"), Midway Hospitality LLC, a Minnesota limited liability company ("Owner"), and J & A
Financial, LLC, a Minnesota limited liability company ("J & A").
RECITALS
A. Owner is the owner of property located at 4100 12th Avenue E., City of Shakopee,
County of Scott, State of Minnesota, legally described as follows:
Tract B, REGISTERED LAND SURVEY NUMBER , Scott
County, Minnesota (the "Property").
B. The Property is subject to a drainage and utility easement in favor of the City,
which was created in Utility and Drainage Easement dated April 5, 2001, filed
April 10, 2001, as Document No. T118032 (the "Easement");
C. J & A owns property adjacent to the Owner's property that is legally described
as Tract A, Registered Land Survey No. , Scott County, Minnesota ("J
& A Property");
C. Owner and J & A would like to construct and install a retaining wall
("Improvements") that will encroach into the Easement ("Encroachment Area");
and;
D. The City has agreed that Owner, J & A, their agents or contractors may construct,
repair and maintain the Improvements within the Encroachment Area on the
condition that Owner and J & A execute this Agreement and will promptly
remove said Improvements at J & A's expense upon the reasonable determination
by and need of the City or other private utility company to work within the
Easement.
1
AGREEMENT
NOW, THEREFORE, on the basis of the premises and the mutual covenants and
agreements set forth in this Agreement and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Owner, J & A or their agents, or contractors may construct, repair, and maintain the
Improvements within the Encroachment Area as shown on Exhibit A.
2. The permission granted by the City in this Agreement is limited exclusively to the
proposed Improvements within the Encroachment Area as outlined in Exhibit A.
3. This Agreement shall not prevent or impair the use of the Encroachment Area for the
drainage and utility purposes by the City or any other entity entitled by law to so use the
Encroachment Area. In the event the Encroachment Area becomes unusable for the use
contemplated by Owner or J & A herein, Owner or J & A will have no claim against the City
unless such unusable status is caused by the negligence or willful misconduct of the City, its
officials, employees, contractors and agents.
4. In the event the City needs to maintain, operate, repair, access or remove the utility or
make necessary drainage improvements located within the drainage and utility easement and the
Improvements interfere with such maintenance, operation, repair, access or removal, the City
shall provide notice to Owner and J & A pursuant to Paragraph 8 of this Agreement. The City's
costs of removing the necessary portion of the Improvements in order for the City to exercise its
easement rights shall be paid by J & A. J & A shall be responsible for the costs of restoring or
reinstalling any of the Improvements that were removed. Any damages to the Improvements
resulting from the City's activities shall be borne and assumed by J & A, provided, however, that
the City shall be responsible for any damages caused by the negligence or willful misconduct of
the City, its officials, employees, contractors and agents.
5. This Agreement shall run with the land and shall inure to the benefit of and be
binding upon the parties to this Agreement and their respective successors and assigns.
6. Owner shall indemnify, hold harmless and defend the City, its officials,
employees, contractors and agents, from and against any and all claims, losses, proceedings,
damages, causes of action, liability, costs or expenses (including reasonable attorneys' fees),
arising from or in connection with or caused by any act, omission or negligence of Owner, J & A
or their contractors, licensees, invitees, agents, servants or employees in connection with the
construction, repair or maintenance of the Improvements. J & A hereby agrees to indemnify,
defend and hold Owner harmless from and against any costs, losses, damages, liens, claims,
liabilities, or expenses (including, but not limited to, reasonable attorneys' fees, court costs
and disbursements) incurred in connection with the construction, maintenance, or repair of the
Improvements in the Easement Area, unless such costs or damages are directly attributable to
Owner's intentional act or negligence. Nothing in this Agreement is a waiver by the City of any
immunity, defenses, or other limitations on liability to which the City is entitled by law.
7. Owner agrees not to suffer or allow any liens, claims, and processes to be placed
against the City's rights to or interest in the Encroachment Area as a result of the use of the
2
Encroachment Area, including, without limitation, any liens for labor or materials provided for
the construction, repair, or maintenance of the Improvements.
8. Owner and J & A must construct and maintain the Improvements in a sound
manner, as may be reasonably determined by the City Building Official, City Engineer or other
designated City official. If the Owner and J & A fail to repair or maintain the Improvements
during the term of this Agreement, such limited use granted may be revoked by the City.
9. Required notices to the parties to this Agreement shall be in writing, and shall
either be hand delivered or mailed to the following addresses:
a) As to the City:
City of Shakopee
485 Gorman Street South
Shakopee, MN 55379
Attn: City Administrator
b) As to Owner: Midway Hospitality LLC
Attn: Anwer Kalim
2917 Cougar Path NW
Prior Lake, MN 55372
c) As to J & A: J & A Financial, LLC
Attn: Richard Hafdal
14187 Shady Beach Trail NE
Prior Lake, MN 55372
10. Nothing contained in this Agreement shall be deemed a waiver by the City of any
governmental immunity defenses, statutory or otherwise. Any claims shall be subject to the
City's governmental immunity defenses and the maximum liability limits provided in Minnesota
Statutes, Chapter 466, if applicable.
11. Owner and J & A agree that their use of the Encroachment Area is with the City's
permission and is not open, continuous, notorious, or any other manner supportive of a claim of
adverse possession, prescriptive easement, abandonment, or other entitlement to the
Encroachment Area.
[Signatures Appear on Following Pages]
3
[Signature Page to Encroachment Agreement]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first written above.
STATE OF MINNESOTA
COUNTY OF SCOTT
) ss.
)
CITY OF SHAKOPEE
By:
Matt Lehman
Its: Mayor
By:
William H. Reynolds
Its: City Administrator
The foregoing instrument was acknowledged before me this day of
2024, by Matt Lehman and William H. Reynolds the Mayor and City Administrator,
respectively, of the City of Shakopee, Minnesota, a municipal corporation, on behalf of the City.
Notary Public
4
[Signature Page to Encroachment Agreement]
OWNER
MIDWAY HOSPITALITY LLC,
a Minnesota limited liability company
By:
Anwer Kalim, Managing Partner
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2024, by Anwer Kalim, the Managing Partner of Midway Hospitality LLC, a Minnesota limited
liability company, on behalf of the company.
Notary Seal
5
[Signature Page to Encroachment Agreement]
J & A FINANCIAL, LLC,
a Minnesota limited liability company
By:
Richard Hafdal, President
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2024, by Richard Hafdal, the President of J & A Financial, LLC, a Minnesota limited liability
companyf on behalf of the company.
This document was drafted by:
City of Shakopee
485 Gorman Street South
Shakopee, MN 55379
952-233-9300
Notary Seal
6
EXHIBIT A
Encroachment Area
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WILAI
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 6.i
October 1, 2024
2025 Kavira Health Benefit
Christie Rossow, Human Resources Director
Chelsea Petersen, Assistant City Administrator
Action to be considered:
Approve Kavira Health Benefit contract, as requested
Motion Type:
Simple Majority
Background:
The City recently concluded its annual healthcare benefits renewal process and,
like many organizations, is facing significant cost increases. The initial renewal
rate increase was 16.7%, based on our last three years of claims and utilization
rates.
After a thorough market analysis, including a previous RFP process 2023, the City
decided to maintain its relationship with Medica. In conjunction with our
insurance brokers, city staff have been researching several ways to help reduce
costs. After vetting multiple alternatives staff is recommending adding a new
benefit called Kavira, a direct -to -employer healthcare provider, to the City's
benefit package.
Kavira offers a unique approach to healthcare, providing virtual care, unlimited
house visits, and a wide range of medical services, including prescriptions. Their
service area conveniently covers the locations of our employees.
Key Benefits of Kavira:
• Lower Costs: Kavira offers affordable healthcare with $5 copays.
• Reduced Utilization: By offering accessible and affordable care, Kavira can
help decrease healthcare utilization, leading to lower overall costs in future
renewal years. Importantly, all costs associated with Kavira are separate
from Medica medical plan, providing additional savings to employees and
their families.
• Future Savings: By reducing utilization and potentially negotiating better
renewal rates, Kavira could help control long-term healthcare costs.
Recommendation:
Staff recommends approval of the Kavira Health Benefit contract, as requested
Budget Impact:
The cost for Kavira is $25 per month per enrolled employee. By adding Kavira to
our benefits package, the City will secure a 1.7% reduction in our 2025 Medica
renewal. While the cost of Kavira will be approximately $45,900 per year, the
1.7% reduction in the Medica renewal rate (from 16.7% to 15%) will reduce the
renewal cost by $41,058. The overall cost from the reduced renewal rate, plus the
additional Kavira benefit would result in an approximate net cost of $4,842 at
current enrollment levels.
Attachments:
Kavira_City of Shakopee Corporate Agreement_2024.pdf
DIRECT PRIMARY CARE PROGRAM
CORPORATE CONTRACT
PARTIES:
Kavira Health, LLC ("Kavira")
("Company")
RECITALS:
A. Kavira provides routine health care services through its Direct Primary Care
("DPC") Program, as further described in this DPC Agreement.
B. Company and Kavira are entering into this DPC Agreement to provide access to
DPC Program services, as described herein, to eligible Program Members (as defined herein) on
the terms and conditions set forth herein.
C. NOW, THEREFORE, in consideration of the foregoing and of the mutual
promises herein contained, Kavira and Company agree as follows:
ARTICLE 1
OBLIGATIONS OF THE PARTIES
1.1 DPC Program. Kavira offers, through its employed or contracted non -physician
health care professionals ("DPC Practitioners"), specified routine health care services via a direct
primary care program, as further described in Exhibit A to this Agreement ("DPC Program") in
exchange for the monthly membership fees described in Section 1.3 of this Agreement.
Beginning on 1/1/2025 (the "Commencement Date"), Kavira agrees to provide DPC Program
membership to all of Company's eligible Program Members at the membership level or levels
indicated in Exhibit B. "Program Members" means and includes individuals who meet the
criteria described in Exhibit B.
1.2 Program Members. Company shall provide, via an electronic platform and in a
format reasonably requested by Kavira, all information reasonably required by Kavira to
accurately and timely determine current Program Members. Company agrees to maintain and
update the Program Member list(s) in accordance with Exhibit B.
1.3 Membership Fees. Kavira charges a flat monthly membership fee as payment for
those DPC Services defined as included in the applicable membership fee, regardless of a
member's utilization during the month. During the term of this Agreement, Company agrees to
pay the fees for all Program Members' membership in the DPC Program in the amounts and in
accordance with the payment schedule set forth in Exhibit B to this Agreement ("Membership
Fees"). The Membership Fees may be modified by Kavira no more often than once every 12
months during the term of this Agreement by providing at least 60 days' prior written notice to
Company. Some DPC Services are not included in the Membership Fees; these are called
"Additional Fee Services" and are described in Exhibit A.
1.4 Qualifications; Malpractice Insurance. DPC Practitioners will provide DPC
Program services in a competent, efficient, safe and satisfactory manner, consistent with
accepted standards of practice for the practitioners' professions. DPC Practitioners will be duly
licensed, certified or registered, as applicable, to provide DPC Program services. Kavira will
obtain and maintain malpractice liability insurance covering DPC Practitioners, in amounts no
less than the coverage limits typically obtained for such practitioners.
1.5 Health Insurance. The DPC Program is not insurance and is not a substitute
for health insurance or health plan coverage. The DPC Program consists of limited routine
health services as further described in this Agreement. The DPC Program does not include or
provide hospitalization, specialty care, surgeries, or any services not personally provided by DPC
Practitioners.
1.6 No Insurance Billing. Kavira does not and will not submit a bill to any insurer for
any services provided by Kavira to Program Members. If Kavira is mistakenly paid by an
insurance plan on behalf of a Program Member, Kavira will return the check to the insurance
plan.
1.7 Legal Advice and Compliance. Company acknowledges and agrees that Kavira
has not provided, is not providing, and is not responsible for, any tax advice, legal advice, or
other advice or recommendations regarding Company's decision to enter into this Agreement or
Company's implementation of the arrangement described herein. Company acknowledges and
agrees that it has and retains all responsibility for compliance with applicable state and federal
laws and regulations applicable to it, and for any associated liability.
1.8 Disclosure of Health Information. Kavira and Company agree to comply with all
laws regarding the confidentiality of patient health information, including state and federal
privacy laws. All health records for Program Members treated by Kavira belong to Kavira.
Kavira shall not release identifiable patient health information of Company employees to
Company except as required or permitted by applicable state and federal laws.
1.8.1.1 HIPAA Compliance. Specifically, and without limiting the generality of
the paragraph above, each party agrees to comply with all applicable provisions of the
Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. § 1320d) and any
current and future regulations promulgated thereunder (collectively "HIPAA
Requirements"), including without limitation the federal privacy regulations as contained
in 45 C.F.R. Part 164, the federal security standards as contained in 45 C.F.R. Part 142,
and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and
162. Each party shall refrain from any use or further disclosure of any Protected Health
Information, as defined in 45 C.F.R. § 164.504, or Individually Identifiable Health
Information, as defined in 42 U.S.C. § 1320d, other than as permitted by HIPAA
Requirements and the terms of this Agreement.
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1.9 Use of Company Name. Company agrees that Kavira may use Company's name
and/or logo on Kavira's website and marketing materials during the term of this Agreement.
Kavira will discontinue use of Company's name and logo promptly following termination of this
Agreement.
ARTICLE 2
TERM AND TERMINATION
2.1 Term. This Agreement will be effective on the day it has been signed by both
parties (the "Effective Date") and continue for an initial term ending on the first anniversary of
the Commencement Date (defined in Section 1.1), unless sooner terminated in accordance with
Section 2.2. Thereafter, this Agreement will renew automatically on the anniversary of the
Commencement Date for successive terms of one year each, until terminated in accordance with
Section 2.2.
2.2 Termination. This Agreement may be terminated as follows:
2.2.1 By mutual written agreement of the parties.
2.2.2 By either party, effective at the end of the initial term or the end of any
renewal term, by providing to the other party at least 60 days' written notice of
nonrenewal prior to the end of the term.
2.2.3 By either party, upon written notice to the other, due to the either party's
insolvency or bankruptcy.
2.2.4 By either party due to the material breach of the Agreement by the other
party, which breach is not cured to the non -breaching party's reasonable satisfaction
within 30 days after such party has provided the breaching party with written notice of
the breach.
2.3 Effect of Termination. Once notice of termination has been provided, Company
will ensure that all Program Members are made aware of the termination of this Agreement. The
parties will mutually agree on the content of all communications to Program Members regarding
termination of this Agreement. All obligations that by their terms survive the termination of this
Agreement shall survive the termination of this Agreement, together with Sections 1.7 and 1.8 of
this Agreement.
ARTICLE 3
GENERAL PROVISIONS
3.1 Confidentiality of Agreement. Company shall not disclose the terms or provisions
of this Agreement, in whole or in part, without the prior written consent of Kavira, except
pursuant to a compulsory legal process (which Company shall resist and give immediate notice
of to Kavira) or except to Company's business consultant, attorney and/or accountant provided
each such professional has agreed prior to disclosure to maintain in confidence any such
3
confidential information disclosed to them and to not use such information for any purpose
unrelated to this Agreement. This section shall survive termination of this Agreement.
3.2 Indemnification. Each party agrees to indemnify, hold harmless and, at the other
party's instruction, defend the other party and its directors, officers, employees, affiliates,
successors and assigns from and against any third party claims and charges, and any and all loss,
costs, liability, damages, and expense of a third party claim (including, without limitation,
reasonable attorneys' fees) which the indemnified party suffers that are directly attributable to
(a) a breach of any representation, covenant or agreement of the indemnifying party contained in
this Agreement; (b) a violation of applicable federal, state or local laws, rules or regulations by
the indemnifying party or any of the indemnifying party's employees or representatives; and/or
(c) the negligent or intentional acts or omissions of the indemnifying party; provided that in the
event the law would allocate a portion of such liability to the non -indemnifying party because of
its own fault, the indemnifying party shall not be required to indemnify for such portion. The
indemnified party will notify the other party of any third party claim made against it within 10
days of knowledge of the claim if the indemnified party intends to seek indemnity under this
paragraph with respect to such claim. This section shall survive termination of this Agreement.
3.3 Notice. Any notice required to be given pursuant to this Agreement shall be in
writing and shall be sent by certified or registered mail or courier, with return receipt requested,
or sent by secure email with use of a verifiable read -receipt function, to the party for which the
notice is intended, at the address set forth in the signature block of this Agreement, or such other
address of which a party has provided notice to the other pursuant to this section. The notice
shall be deemed given and effective on the date indicated on the return or read receipt.
3.4 Entire Agreement; Amendment. This Agreement constitutes the entire agreement
between the parties and supersedes all prior oral and written agreements relating to the same
subject matter. This Agreement may be amended only in a writing signed by both parties, except
that Kavira may change the terms hereof without Company's consent (i) if and to the extent
necessary to comply with applicable law or regulatory obligations, and (ii) as expressly permitted
by the terms of this Agreement.
3.5 Severability. If any part of this Agreement is declared invalid or unenforceable by
any court of competent jurisdiction, the remaining provisions will not be affected. Should a
regulatory agency or court demand, as the result of a change in law or policy regarding direct
primary care programs, that Kavira return to Company any Membership Fees paid hereunder,
Company agrees that Kavira shall be entitled to payment from Company in an amount equal to
the reasonable value of the DPC Program services actually rendered to Program Members during
the period for which the refunded fees were paid, not to exceed the total fees paid by Company,
and that Kavira may offset such amount against the amount to be refunded. This section shall
survive termination of this Agreement.
3.6 Binding Effect; Assignment. This Agreement shall be binding upon and be
enforceable against the parties and their respective heirs, successors and permitted assigns.
Neither party may assign any of its rights or obligations under this Agreement without the prior
written consent of the other party; except that Kavira may assign this Agreement to an affiliated
entity.
4
3.7 Governing Law. This Agreement is made in and shall be construed under the laws
of the State of Minnesota.
3.8 Independent Contractor Status. The parties shall at all times be acting and
performing as independent contractors. Nothing in this Agreement shall be construed to create
an employer/employee relationship, joint venture, partnership, or similar relationship between
Kavira and Company or between any DPC Practitioner and Company.
3.9 No Waiver. The failure of either party to complain of any default by the other
party hereunder or to enforce any of such party's rights hereunder, no matter how long such
failure may continue, shall never constitute a waiver of such party's rights hereunder, including
the right to seek monetary damages for a default. No waiver of any provision hereof shall
constitute a waiver of any other provision hereof, nor a waiver of the same provision at any
subsequent time.
3.10 Dispute Resolution. Kavira and Company will work together in good faith to
resolve any dispute(s) that arise between them relating to this Agreement ("Dispute"). To
commence the resolution process, one party shall provide to the other written notice, in
reasonable detail, of the Dispute. Within 10 days after receipt of such notice, a meeting will
occur between representatives of each party with authority to resolve the issue in Dispute. If the
parties are unable to resolve the issue to the parties' mutual satisfaction within a reasonable
period of time, either party may submit the Dispute to binding arbitration in Hennepin County,
Minnesota before a single arbitrator. If the parties cannot agree on an arbitrator, each party shall
select one arbitrator, and the selected arbitrators shall nominate a third arbitrator, who shall act as
the sole arbitrator of the Dispute. The parties shall equally share the costs of the arbitrator.
Arbitration proceedings initiated pursuant to this Agreement shall be conducted in accordance
with the Commercial Dispute Procedures of the American Arbitration Association and
Minnesota law. This section shall survive termination of this Agreement.
3.11 Force Majeure. Neither party shall be deemed to have breached this Agreement,
nor be held liable for any failure or delay in the performance of any portion of its obligations
under this Agreement if prevented from doing so by a cause or causes beyond the reasonable
control of the party, such as natural disasters, pandemic, civil unrest, war, labor shortages,
changes in the law, etc. ("Force Majeure Event"). If either party is prevented from, or delayed in,
performing any of its obligations under this Agreement by a Force Majeure Event, it will
promptly notify the other party as soon as reasonably practicable (to be confirmed in writing as
soon as reasonably practicable) and describe, in reasonable detail, the circumstances constituting
the Force Majeure Event and the performance that is or will be affected. Such party will continue
to use commercially reasonable efforts to recommence performance as soon as reasonably
practicable.
5
IN WITNESS WHEREOF, each party has caused this Agreement to be executed on its
behalf by its duly authorized representative as of the date first written above.
Kavira Health, LLC
By: Andrew Headrick By:
Its: CEO Its:
Signed: 4-uaiP.ad Signed:
Address for delivery of Notices: Address for delivery of Notices:
1161 Wayzata Blvd E #162
Wayzata, MN 55391
Email address for Notices: Email address for Notice:
Andrew.headrick@kavira.health
6
EXHIBIT A
DESCRIPTION OF DPC PROGRAM
The DPC Program provides members with routine primary care services as specified in Kavira's
services listings and program overview posted at www.kavirahealth.com/services, as revised by
Kavira from time to time ("DPC Services"). DPC Services and the means of accessing DPC
Services vary based on the membership level selected. DPC Services will be provided when
appropriate and medically indicated based on scientific evidence, sound medical judgment, and
relevant professional guidelines. Depending on the membership level, DPC Practitioners provide
DPC Services through one or more of the following: text messaging, telehealth visits, other
remote means, or house visits (including locations other than a member's residence if mutually
agreed). Kavira's days and hours of operation and service availability are posted at
www.kavirahealth.com/services. Kavira does not guarantee same day visits.
Certain DPC Services are not included in the Membership Fee, for example, certain screenings,
diagnostic tests, labs and specialty labs, and medications, as indicated in Kavira's services
listing. These DPC Services may be available from Kavira for an additional fee ("Additional Fee
Services").
Any service that is not described in Kavira's services listings and program overview as included
in the DPC Program is not a DPC Service (for example, hospital services and care normally
provided by a specialist). Without limiting the scope of the prior sentence, DPC Services
excludes professional services that DPC Practitioners are not authorized to perform or provide
under the laws of the State of Minnesota and services that are not consistent with the training and
experience of a primary care provider and/or that cannot be safely and appropriately provided via
the DPC Program. Program Members requiring emergency services should call 911.
Additional terms of the DPC Program are set forth in the registration agreement between Kavira
and the Program Member.
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EXHIBIT B
PROGRAM MEMBERS; PAYMENT
1. Program Members.
Program Members are all individuals who meet, and are not excluded by, the following
criteria:
a. Program Members will include all individuals in the following categories, subject
to paragraphs 1(b) and 1(c) below.
• All Company employees that enroll in the medical plan.
• The spouse (if any) and dependents (if any) of each Company employee who is
a Program Member. For purposes of eligibility as a Program Member:
(a) "spouse" means an individual to whom the employee is legally married,
including partners of the same sex, and shall include an employee's domestic
partner if and to the extent Company makes other employee benefits available
on such basis; and (b) "dependents" means children who are eligible as an
employee's dependents for other employee benefits offered by Company, as
determined by Company.
b. Program Members will exclude the following categories of individuals who
otherwise qualify as Program Members under paragraph 1(a) above:
• Employees who do not live in Kavira's service area; in which case the
dependents, if any, of such employees will also be ineligible to be Program
Members under this Agreement.
• The dependents of any Company employees who are not Program Members.
c. Any individual who otherwise qualifies as a Program Member will be excluded as a
Program Member for purposes of this Agreement if one or more of the following
circumstances occur, effective as of the date any of the following occur:
• The individual's employment by Company has terminated, and Company does
not have or no longer has any state or federal continuation of coverage
requirement (if applicable).
• In the case of a spouse or dependent, the employment of the person through
whom such individual is eligible under this Agreement is terminated, and
Company does not have or no longer has any state or federal continuation of
coverage requirement (if applicable).
In the event a Program Member becomes no longer employed with Company, and
is disenrolled from the DPC Program, that Member (and his or her
spouse/dependents) may continue their membership directly with Kavira at the
8
Membership Fee applicable under this Agreement, for up to the maximum period
required under the Consolidated Omnibus Budget Reconciliation Act ("COBRA")
and applicable guidance, by re -enrolling into the DPC Program and paying the
monthly membership payments directly.
2. Program Member Listing; Onboarding.
Within ten (10) days after the Effective Date of this Agreement, or such other date as the
parties mutually identify in writing, Company will input all initial Program Members
information into the electronic platform identified by Kavira.
Company will ensure that the Program Members listing remains up-to-date from month
to month consistent with the qualifications set forth in Section 1 of this Exhibit B. Company will
use best efforts to add all newly eligible individuals to and delete any newly ineligible
individuals from the listing promptly after becoming aware of the change, indicating the
effective date of the change.
Newly eligible individuals will become Program Members as of the date the individual becomes
eligible to be a Program Member. Program Member deletions will be effective as of the end of
the month in which the individual ceases to meet the eligibility requirements.
Company will assist and cooperate with Kavira to ensure that Program Members are
informed about the DPC Program, receive appropriate materials from Kavira, and complete
applicable registration activities in a timely manner.
3. Membership Fees.
As of the Effective Date, the Membership Fees per Program Member per month or per
partial month of membership are the following:
Monthly Membership Fee for each Program Member
who is:
Employee of Company Receiving House Visits
$25.00
Employee of Company Receiving Telehealth
Only Visits
$10.00
Spouse of an Employee of Company
$0.00
Dependent of an Employee of Company
$0.00
Kavira does not offer pro -rated monthly Membership Fees. Accordingly, Company will
be charged the full monthly amount of Membership Fees regardless of whether the Program
Member joins the DPC Program after the first of the month or disenrolls prior to the end of the
month. Membership benefits will continue through the last day of the month in which the
termination or dis-enrollment occurs. Company agrees that it will communicate to Program
Members the language contained in this paragraph pertaining to continued benefits for dis-
enrolled Program Members.
9
The Membership Fees are subject to change as permitted by the Agreement.
Kavira will not charge or seek to collect directly from any Program Member any
Membership Fees that are the obligation of Company hereunder.
4. Payment Schedule.
From and after the Commencement Date, Company agrees to pay the Membership Fees
on a monthly basis, in advance, for all Program Members. Kavira will invoice Company by the
7th day of each month based on Program Member census data available on or about the 1st day of
the month.
Company agrees to pay by the 15th day of each month.
Any discrepancy in Membership Fees paid for a given month as compared to
Membership Fees owed for the actual Program Member census in that month due to adjustments
made after invoicing will be reconciled and reflected in the invoice for the next month.
5. Clinic Holiday Closures
Kavira's clinic is closed, and does not provide care, the following holidays: New Year's
day, Martin Luther King day, Presidents Day, Memorial day, Juneteenth, Independence day,
Labor day, Columbus day, Veterans day, Thanksgiving, the Friday after Thanksgiving (virtual
only 10am-2pm CT) Christmas Eve (Virtual only l0am-2pm CT), Christmas, and New Year's
Eve (virtual only l0am-2pm CT). If the holiday falls on a Saturday the preceding Friday will be
the observed holiday, if the holiday falls on a Sunday the following Monday will be the observed
holiday.
6. Additional Fee Services
Program Members who elect to receive Additional Fee Services from Kavira are
responsible for paying Kavira directly for such services in accordance with the member
registration agreement.
71113972 v7
10
SHAKOPEE
WILAI
Shakopee City Council 7.a
October 1, 2024
Agenda Item: Legislative Recap by Representative Bakeberg
Prepared by:
Reviewed by:
Lori Hensen, City Clerk
Lori Hensen, City Clerk
Action to be considered:
None
Motion Type:
Simple Majority
Background:
None
Recommendation:
None
Budget Impact:
None
Attachments:
WILLA!
SHAKOPEE
Agenda Item:
Prepared by:
Reviewed by:
Shakopee City Council 14.b
October 1, 2024
Liaison and Administration
Lori Hensen, City Clerk
Lori Hensen, City Clerk
Action to be considered:
N/A
Motion Type:
Simple Majority
Background:
N/A
Recommendation:
Information only
Budget Impact:
N/A
Attachments: