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HomeMy WebLinkAbout2011-10-26 CC Packet CITY OF CENTERVILLE COUNCIL MEETING AGENDA aiterviffe Wednesday, October 26, 2011 &m.6 tidief 1857 6:30 p.m. or shortly thereafter OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of' your privilege to speak. Persons wishing to speak will be required to complete a sign -up sheet and give it to the Mayor or a Staff person by 6:15 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. October 12, 2011 City Council Meeting Minutes (Pages 1 -5) 2. October 12, 2011 City Council Work Session Meeting Minutes (Pages 6 -7) V. CONSENT AGENDA 1. City of Centerville October 13, 2011 through October 26, 2011 Claims (Check #26778- 26806) (Pages 8 -9) 2. Centennial Lakes Police Department Claims through October 12, 2011 (Check #8629 -8651) (Page 10) 3. Centennial Fire District Claims through October 7, 2011 (Check #5002 - 5024) (Pages 11 -12) VI. AWARDS /PRESENTATIONS /APPEARANCES 1. Mr. Ryan Kelzerberg, Anoka County Emergency Management — Hazard Mitigation Plan 2. Chief Jim Coan, Centennial Lakes Police Department VII. OLD BUSINESS 1. Adopt Summary of Ord. #50, Second Series — Amending City Code Authorizing Permits for Use of Special Vehicles of City Streets For Publication (Page 13) VIII. NEW BUSINESS 1. Res. #11 -0XX — Authorizing the City to Participate in the Multi- Jurisdictional Anoka County Hazard Mitigation Plan (Page 14) 2. Res. #11 -OXX — Approval of Agreement With Mastercard Purchase Card Program (Pages 15 -51) 3. Res. #11 -0XX — Authorizing Feasibility Report, Plans & Specifications for 2012 Street Improvement Project (Pages 52 -55) 4. Approval of Application for Community Development Block Grant Funds to Acquire Properties in Block 8 — Downtown (Pages 56-61) 5. Approval of Grant Agreement for Source Water Protection Plan Implementation Grant — Sealing of Wells (Pages 62 -74) 6. Pay Estimate — Close Out Final Payment, Bergerson - Caswell, Inc. $3,042.76 (Storm Water Reclamation Project Phase 1— Contract B) (Vertical Steel Casing for Wet Well) (Page 75) 7. Ord. #XX, Second Series Amending City Code Chapter 51 - Modifying Rules & Regulations Relating to Water Service (Pages 76 -78) IX. ANNOUNCEMENTS/UPDATES 1. City Administrator X. ADJOURNMENT * *REMINDERS ** Planning & Zoning Commission Meeting — November 1, 2011, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting — November 2, 2011, 6:30 p.m. Council Chambers City Council Meeting — November 9, 2011, 6:30 p.m. Council Chambers City Council Meeting — November 23, 2011, 6:30 p.m. Council Chambers (Public Hearing — Delinquent Utilities) v 42 Livia Centerville Lions Annual Haunted House — October 21, 22, 28 & 29, 2011," - pth MwMd 7:00 — 10:00 p.m. Laurie LaMotte Memorial Park "Haunted" i Nailed Warming House — 6970 LaMotte Drive (Non - perishable food item 0 will net you $2 off admission) $10 for Adults & $7 for 12 & under A "II 1 lac et CITY OF CENTERVILLE CITY COUNCIL MEETING October 12, 2011 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of October 12, 2011, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love Towed Council Member Jeff Paar r ABSENT: None O STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz Finance Director Mike Jeziorski Public Works Director Paul Palzer I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. 11. PUBLIC HEARING(S) None. III. APPROVAL OF AGENDA The Mayor reviewed the agenda with the following addition: (Check #26765 -26777 - Page 6a -6b) Administrator Larson requested that Ditch Work Update be added under New Business, Item #4. Motion by Council Member Love, seconded by Council Member Paar. to approve the Agenda with the above stated additions. All in favor. Motion carried unanimously. IV. APPROVAL OF MINUTES 1. September 28, 2011 City Council Meeting Minutes 1 City of Centerville Council Meeting October 12, 2011 The Mayor questioned whether any members had requests for modifications. Hearing none. Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve the September 28, 2011 City Council Meeting Minutes as presented. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1. City of Centerville September 28, 2011 through October 12, 2011 Claims (Check #26733 -26764 & (Check #26765- 26777) 2. Centennial Lakes Police Department Claims through September 27, 2011 (Check #8603 -8627) 3. Proclamation — Homelessness Awareness Month 4. Parks & Recreation Committee Recommendation to Secure Equipment from NRI to Place An Aluminum Can Collection Unit @ Laurie LaMotte Memorial Park — No Expense, Trial Basis Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI. AWARDS /PRESENTATIONS /APPEARANCES 1. Mr. Dan Huffman, Business Director, Centennial School District (Overview of District & Proposed Levy) Mayor Wilharber welcomed Mr. Huffman to the meeting. Mr. Huffman thanked Council for the opportunity to address them. Mr. Huffman stated that the School District is placing an operating levy referendum on the 2011 ballot for voter consideration. Mr. Huffman briefly reviewed the District's intent of the levy by stating that it would authorize a $275 per pupil increase in operating levy which would generate approximately an additional $1.8 million annually for a four year period beginning 2012- 13. Mr. Huffinan stated that if the question is defeated, significant reductions would occur in the spring of 2012. Mr. Huffman explained that the referendum would be for operations and classrooms, (current programs, student services, curriculum, textbooks and technology) not building- related. Mr. Huffman stated that it is the intent of the School District to engage the community in discussions regarding the future of the District and directions that can be made to strengthen the District and provide enriched educational opportunities that will assist in retaining and attracting enrollment. 2. Mr. Kenneth A. Tolzmann, SAMA — City Assessor — Contract Renewal Mr. Tolzman addressed Council and briefly reviewed his original contract with the City and stated he is requsting a three year extension of that contract with the same services Page 2 of 5 2 City of Centerville Council Meeting October 12, 2011 being provided without any financial increases to the City. Mr. Tolman also stated that he services the cities of Columbus, East Bethel and Spring Lake Park and is housed out of Forest Lake with his hours being extermly available for residents. Motion by Council Member Love, seconded by Council Member Paar, to Extend Mr. Ken Tolzmann, City Assessor's Contract for an additional three (3) years. All in favor. Motion passed unanimously. VII. OLD BUSINESS 1. Ord. #50, Second Series — Amending City Code Authorizing Permits for Use of Special Vehicles on City Streets — Tabled from Previous Meeting Administrator Larson stated that the presented ordinance contained suggested modifications from the previous meeting. Legal Counsel Glaser reviewed the most significant modification being made is allowing all terrain vehicle usage with special events with the ability of waiving parts of the provisions if deemed appropriate. Legal Counsel Glaser also reviewed an additional modification providing an exemption of commercial or business operations of these special vehicles; however, all others would need to be permitted. Lengthy discussion took place. Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve Ord. #50, Second Series as presented. All in favor. King opposed. Motion passed. VIII. NEW BUSINESS 1. Mr. Ken Tolzmann — City Assessor Contract Renewal Extension for Additional Three (3) years Discussed previously. 2. Parks & Recreation Committee Request to Reserve $1,500 (Fund #101- 45201- 370) From 2011 Budget for Signage Procurement for Trails Council Member King stated P &R discussed and have bills to be paid off and reseve left over dedicate for signage. Motion by Council Member King, seconded by Council Member Fehrenbacher, to Approve P & R's request to reserve $1,500 from Fund #101 -45201 -370 from the 2011 Budget for Signage Procurement for Trails. All in favor. Motion passed unanimously. 3. Res. #11 -021 — Authorizing Fund Balance Policy a. Res. #i 1 -022 — Committing Specific Revenue Sources & Confirming Restrictions for Specified Purposes in Special Revenue Funds Page 3 of 5 3 City of Centerville Council Meeting October 12, 2011 b. Res. #11 -023 — Committing Fund Balances for Specific Purposes Administrator Larson stated that there is a total of three resolutions for Council's consideration and they are required by the Governmental Accounting Standards Board regulations. Finance Director Jeziorski briefly explained that the Fund Balance Policy establishes guidelines to provide for classification of funds and funding levels needed to ensure availability throught the fiscal year due to revenue timing. Motion by Council Member Paar, seconded by Council Member Love, to approve Res. #11-021 — Authorizing A Fund Balance Policy as required under GASB54 and presented. All in favor. Motion passesd unanimously. Finance Director Jeziorski briefly explained Res. #11 -022 and that specific revenue sources for special revenue funds need to be outlined as to their purpose and whether they are restricted or committeed or assigned to a specified purpose as per the Fund Balance Policy. Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to approve Res. #11 -022 — Committing Specific Revenue Sources and Confirming Restrictions for Specified Purposes in Special Revenue Funds (GASB54) as required and presented. All in favor. Motion passesd unanimously. Motion by Council Member Love, seconded by Council Member Paar, to approve Res. #11 -023 — Committing Fund Balances for Specific Purposes as presented. All in favor. Motion passed unanimously. 4. Ditching Cleaning Project Update Administrator Larson provided Council with an update on the project by stating that two ditches near separate developments (Royal Meadows and Pheasant Marsh) were involved. The Royal Meadows portion went very well; however, problems were encounted with the City's contractor exceeding designated areas with removing trees on private property which has halted the project and caused concern for two property owners (6892 and 6882 Centerville Road). Larson stated that the contractor has admitted error. City Attorney Glaser reviewed state law regarding ditches and the rights of ditch authorities to certain easements and to make special assessments. Lengthy discussion ocurred regarding procurment of easements, property appraisals, potential for surveys if monument markers can not be located. Motion was made by Council Member Paar, seconded by Council Member Fehrenbacher to expend funds to secure appraisals and surveys for 6892 & 6883 Centerville associated with obtaining easements along the ditch not to exceed $3,000. All in favor. Motion passed unanimously. Page 4 of 5 4 City of Centerville Council Meeting October 12, 2011 IX. ANNOUNCEMENTS/UPDATES Administrator Larson reminded Council Members of the Shovel Ready Application submitted by the City and stated that there would be a meeting the following Wednesday and that he would forward a reminder to Council Members through email. Administartor Larson stated that a summary of the Special Vehicles on Roadyway Ordinance passed this evening would be contained in their next packet for review and approval. Attorney Glaser reported that there would be a County -Wide prosecutors meeting on Thursday. Council Member King reported on the status of the veteran's memorial with a ceremony scheduled for November 10, 2011. X. ADJOURNMENT Motion made by Council Member Fehrenbacher, seconded by Council Member Love to adjourn the regularly scheduled meeting at 7:46 a.m. All in favor. Motion passed unanimously. Mayor Wilharber stated that a 5 minute break would be observed prior to commencing the Work Session. Transcribed by: Teresa Bender, City Clerk Page 5 of 5 5 DRAFT DRAFT DRAFT City Council 2011-10-12 at 7:50 p.m. Minutes of Work Session Present were Mayor Tom Wilharber, Council members Jeff Paar, Steve King, D Love, and Ben Fehrenbacher. Also present were Mark Statz of Bonestroo & Assoc., City Attomey Kurt Glaser, Paul Palzer, Public Works Director and Finance Director Mike Jeziorski. Utility Rates. Staff presented utility fund financial statements, noting that the Sanitary Sewer Fund and the Storm Water Fund are not covering their cost of operations and depreciation. Staff was given guidance on rate changes that would be acceptable for 2012. Credit Card Policy. Staff reviewed a proposed credit card program where key staff would be issued a credit card for purchasing on behalf of the city. The objectives would be to reduce the number of checks that are issued each month while at the same time make purchasing from a variety of vendors easier. Protections would be built into the system by limiting the card use for certain activities as well as setting charge limits for individual staff based upon need. Consensus was that the program would be worthwhile and should be placed on the agenda for consideration. 2012 Overlay Project. Council reviewed the proposed 2012 street mill and overlay project and discussed whether the hearing process should include the first two yearly phases. The Council felt that the first phase is distinct from additional phases, in that the first group of streets were deleted from the 2009 Street Improvement Project. The consensus was to do only the first yearly phase in the procedures. The schedule drafted by staff would have initial council action on October 26, 2011, with bids received in early January and public hearings later in January. The resolution to initiate the program will be placed on the next agenda. Grant Application Block 8. Staff reported that Anoka County has approximately $150,000 in grant funds that could be used to purchase property in Block 8 of the downtown redevelopment area. Two properties are currently for sale in the area and it appears that most of the cost for those parcels could be covered by the grant. Eligible costs would include acquisition, demolition and administrative expenses. It was pointed out that the acquisition would meet the Federal objective of clearing slum and blight, but if the property should later be put to use in a redevelopment, that future use must also meet a Federal objective. If the future use does not meet a federal object, some or all of the grant funds may need to be repaid. If the buildings were removed, the repayment would be for the land value only. Consensus was that the matter should be placed on the agenda for consideration of making a grant application. 6 DRAFT DRAFT DRAFT Trail and Sidewalk Plowing. Current policy for clearing trails and sidewalks was reviewed. After clearing streets, staff will clear trails, then sidewalks to the extent staff time allows. In the event that snow accumulations are significant, it may be necessary to stop clearing some sidewalks and some trails. Consensus was that the policy should remain as is. Responsibility for Curb Shut - off Repairs. Council reviewed the current policy on repair of curb shut -offs. The City has assumed responsibility for the shutoff valve. An ordinance to modify the City Code to clarify the policy including what driveway repairs could be included, has been drafted and circulated for council review. The council also discussed participation in the warranty program developed by the National League of Cities. Consensus was not to participate in the warranty program but to place the ordinance on the next Council agenda. The meeting was adjourned at approximately 9:30 p.m. Dallas Larson, Administrator 7 v111 VI v 1_• 1 s..1‘1111...1..1 1U121/11 AM Page 1 Check Detail — October 26, 2011 Check Check Date # Vender Name Comments Amount 10/26/2011026778 1 000 1 AKFS CHAPTER NOV 79 & WTI-11;11111 DING SFMINIAR - R CHASE 321n nn 10/28/2011026779 AUTO VALUE PARTS STORE SUPPLIES $12 10/26/201 1026779 AUTO VALUE PARTS STORE SUPPLIES $39.70 h= kN• I • 4 T• , 41 •R. $5222 10/26/2011026780 RERGFRSON- CASWFI 1 INC CONTRACT R - WFT WFI 1 PROJECT 37 042 76 10/76/7011026781 CARI SON MCCAIN INC SHOVE! READY - CI FARWATER RI ISINFSS PARK 31 800 OQ 10/ CENTENNIAL FIRE DISTRICT 4TH QTR 2011 PYMT 329 718 OQ 10/26/2011026783 CFNTFRPOINT ENERGY PART OF COST TO MOVE GARAGE 31 775 OQ 1006 /7011028734 CHAPMAN HOMES PARTIAI ESCROW RF) EASE OF FSCROW 1805 WUN;FCJ4 33 500 00 10/260011026785 COMCAST HIGH SPEED INTERNET - CITY HAI I 316 9Q 10/26/2011026786 DELTA DENTAL A. ANDERSON COBRA DENTAL - #PF99867701 39.28 10/26/2011026786 DELTA DENTAL A. ANDERSON COBRA DENTAL - #PF99867701 $9.28 10/26/2011026786 DELTA DENTAL A. ANDERSON COBRA DENTAL - #PF99867701 $9.29 10/26/2011026786 DELTA DENTAL NOV. DENTAL INS. #PF99867701 $411.10 10/26/2011026786 DELTA DENTAL K. STEPHAN COBRA - DENTAL INS. #PF99867701 358.15 ChecK.Nbr 026786 DELTA DENTAL $497.10 1006/7011076787 DEPARTMENT OF I AROR & INDI ISTRY P PAI 7FR - CERTIFICATE RFNFWAI - 81111 DING OFFICIAI $75.00 10060011026788 FIRST PRESTON MANAGEMENT INC. OVER PYMT ON FINAI IITII ITY Fill 1 - 1974 -72ND STREET 529 92 10/760 HAWKINS WATER TREATMENT 01-1FMICAI S FOR WATER $1.007 51 10/26/2011026790 HD SUPPLY WATERWORKS LTD WAT R M T RS / PAR 1 086 1 10/26/2011026791 HEALTH PARTNERS K. STEPHAN - HEALTH INS. - NOV. 2011 COBRA $336.89 10/26/2011026791 HEALTH PARTNERS NOVEMBER 2011 HEALTH INS. $4,328.74 10/26/2011026791 HEALTH PARTNERS A. ANDERSON NOV. 2011 HEALTH INS. - COBRA 5112.30 10/26/2011026791 HEALTH PARTNERS A. ANDERSON NOV. 2011 HEALTH INS. - COBRA $112.30 10/26/2011026791 HEALTH PARTNERS A. ANDERSON NOV. 2011 HEALTH INS. - COBRA 5112.29 Check Nhr 026791 HEALTH PARTNERS $5.002.52 10/26/2011076792 IIMC T BENDER MEMBERSHIP nUF,$ FOR IIMC 3135.00 1 .,1 1. • 1. 1 :• /: k - • : •. _ . -1 -1• _ • 11 1006/2011 076794 I FXISNFXIS OM HFAI TH 50111T10 REPORT CHARGES - min TESTING 332 OQ 10/26/2011026795 MENARDS - FOREST LAKE SUPPLIES $49 10/26/2011026795 MENARDS - FOREST LAKE MAINT. SUPPLIES $77.92 Check Nhr 076795 MENARDS - FOREST I AKF 3127.13 1r. 1 1 . ♦ „ • k . it 1 k • 1 14 as : 1 1 . . 1006/2011026797 MMI IA M. JEZIORSKI - SEMINAR - 12-2-7011 $195 00 Ir. I • . •. . . . Ii • . U: 1 11 ■ 1111: 11 .S: .. I 10/26/2011026799 PORTA -POT TRACY MCBRIDE PARK - 1875 FOX RUN - SERV THRU 10 -16- 3112.27 10/26/2011026799 PORTA -POT LAMOTTE PARK - SERV THRU THEU 10-16-11 3112.27 :heck Nbr 026799 PORTA -POT $22454 10/760011026800 REI 5 TITI F OVER PYMT ON FINAL I ITII ITY RI11 - 7135 BRIAN WAY 39 11 • • I I .:I •.. •• ■ • :- I/ •. k • - 1 .I •I 1 1.11 10/28/2011026802 VERIZION WIRELESS CELL PHONE SERV $46.68 10/26/2011026802 VERIZION WIRELESS CELL PHONE SERV $46.68 10/26/2011026802 VERIZION WIRELESS CELL PHONE SERV $93 I 10/26/2011026802 VERIZION WIRELESS CELL PHONE SERV $46.68 10 /26/2011026802 VERIZION WIRELESS CELL PHONE SERV $46.68 ;heck Nbr 026802 RIZION WIRELESS 3280.09 •r 1 1 •:1■ I • 1. 11 •. •1 I♦ : - • .:•: •• 8 CITY OF CENTERVILLE 10/21/11 8:16 AM Page 2 Check Detail — October 26, 2011 Check Check Date # Vender Name Comments Amount p/7011 O2RROF WHITF AFAR 1 OCKSMITH AOJI 1ST STRIKF PI ATE ON RACK BOOR FOR CITY HAI 1 $70 flP 10/26/2011026806 XCEL ENERGY STREET LIGHTS - SERV THRU 10-4-11 $2,406.44 10/26/2011026806 XCEL ENERGY 7285 MAIN ST - SERV TRU 10 -4-11 $54.82 10/26/2011026806 XCEL ENERGY 1600 LAMOTTE DR - SERV THRU 10-4-11 $9.95 10/26/2011026806 XCEL ENERGY 1889 CENTER ST- SEWER LIFT - SERV THRU 10-4-11 $15.50 10/26/2011 026806 XCEL ENERGY 7300 MILL RD - SEWER - SERV THRU 10-4-11 $136.19 10/26/2011026806 XCEL ENERGY 1875 FOX RUN - PUMP - SERV THRU 10 -4-11 $103.75 10/26/2011026806 XCEL ENERGY 1880 MAIN ST - SERV THRU 10-4-11 $1,537.26 10/26/2011026806 XCEL ENERGY 1880 MAIN ST - SERV THRU 104-11 $394.34 10/26/2011026806 XCEL ENERGY 1600 LAMOTTE DR - WARMING HOUSE - SERV THRU 10 -4 -11 $19.65 Check Nhr 026806 XCEL ENERGY $4 677 TOTAL CHECK $74,702.04 NOTE: THERE WILL BE AN UPDATED LIST OF DISBURSEMENTS FOR APPROVAL ON 10.26 -11. 9 CENTENNIAL LAKES POLICE DEPT Check Register - Police GL without invoice numbers Page: 1 Check Issue Dates: 10/1/2011 - 10/12/2011 Oct 12, 2011 03:10PM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 10/11 10/12/2011 8629 AMSAN , INC CLEANING SUPPLIES/TOWELS/TISSU 537.35 10/11 10/12/2011 8630 ANOKA COUNTY SEPT INTERNET ACCESS 392.26 10/11 10/12/2011 8631 BCA/MNJIS SECTION 3RD QUTR CJDN CHARGES 390.00 10/11 10/12/2011 8632 CENTURY LINK CENTERVILLE PHONE 167.67 10/11 10/12/2011 8633 CLEAN WINDOWS BY NATE COMMERICAL BASIC CLEANING 257.10 10/11 10/12/2011 8634 COVERALL OF TWIN CITIES, INC OCT CLEANING SERVICE 2,753.11 10/11 10/12/2011 8635 DELTA DENTAL NOV DENTAL 992.50 10/11 10/12/2011 8636 DON'S CIRCLE SERVICE, INC VEH REPAIRS & MTC 308.60 10/11 10/12/2011 8637 E C S I, INC SEMI ANNUAL FIRE ALARM INSPECTI 498.00 10/11 10/12/2011 8638 ELZETTA DESIGN, LLC TACTICAL WEAPON LIGHT/HOLDERS 1,253.42 10/11 10/12/2011 8639 ENVENTIS TELECOM, INC PHONES/LONG DISTANCE 400.43 10/11 10/12/2011 8640 FRATTALLONES HARDWARE, INC. BATTERIES 89.53 10/11 10/12/2011 8641 HEALTH PARTNERS NOV HEALTH INS 9,166.60 10/11 10/12/2011 8642 HOLIDAY FLEET FUEL 4,266.09 10/11 10/12/2011 8643 KEEPRS, INC GLOCK TRAINING GUN 999.27 10/11 10/12/2011 8644 KNOWLAN'S SUPER MARKETS SUPPLIES 61.90 10/11 10/12/2011 8645 ANGELA KRUYER CONF MEAL REIMS 12.47 10/11 10/12/2011 8646 MICHELLE LAKSO CERT REIMS 58.13 10/11 10/12/2011 8647 QUILL CORPORATION OFFICE SUPPLIES 168.45 10/11 10/12/2011 8648 STREICHER'S, INC AMMO 2,359.56 10/11 10/12/2011 8649 TELECIDE PRODUCTIONS, INC COMPUTER MTC/SUPPORT 15.00 10/11 10/12/2011 8650 UNIFORMS UNLIMITED, INC UNIFORM 272.87 10/11 10/12/2011 8651 UNICARE LIFE & HEALTH INS. CO. NOV LIFE/DISABILITY INS 102.00 Grand Totals: 25,522.31 M = Manual Check, V = Void Check 10 CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 9/17/2011 - 9/30/2011 Oct 07, 2011 04:53PM Report Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 09/11 09/30/2011 2011009 210300 US BANK DP- AUGUST VISA 3,606.89 Grand Totals: 3,606.89 M = Manual Check, V = Void Check 11 CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 10/1/2011 - 10/7/2011 Oct 07, 2011 04:52PM Report Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 10/11 10/07/2011 5002 10350 ALPHA CARD ALPHA CARD PRO DUO ID CAR 2,170.00 10/11 10/07/2011 5003 30490 CENTERPOINT ENERGY STATION 2 GAS 33.06 10/11 10/07/2011 5004 30500 CENTURY LINK CENTERVILLE PHONE 55.82 10/11 10/07/2011 5005 31008 COMCAST INTERNET STATION 1 188.00 10/11 10/07/2011 5006 31137 CONNEXUS ENERGY ELECTRIC STATION 1 432.29 10/11 10/07/2011 5007 40100 PAT DEVANEY BATTERY BACKUP 42.79 10/11 10/07/2011 5008 50120 EMERGENCY APPARATUS MAI LADDER 21 PUMP TEST 2,445.09 10/11 10/07/2011 5009 60115 FAIRVIEW PHARMACY SERVIC MEDICAL SUPPLIES 207.26 10/11 10/07/2011 5010 60650 FRATTALLONE'S HARDWARE S MISC SUPPLIES 27.76 10/11 10/07/2011 5011 70578 GRAINGER MOTOR 234.96 10/11 10/07/2011 5012 80220 HAMLINE UNIVERSITY 1-1513 PUBLIC SAFETY EDUCATI 1,300.00 10/11 10/07/2011 5013 130297 MARTIN - MCALLISTER RECRUITMENT ASSESSMENTS 4,400.00 10/11 10/07/2011 5014 130840 MFSCB FIREFIGHTER I CERT TEST 75.00 10/11 10/07/2011 5015 160050 PAETEC PHONES STATION 2 164.51 10/11 10/07/2011 5016 190350 SENTRY SYSTEMS, INC 3RD QTR MONITORING STATIO 95.60 10/11 10/07/2011 5017 190800 ROBERT STAFKI TRAINING SUPPLY 73.98 10/11 10/07/2011 5018 200150 THOMAS MOTORS, INC 04 F150 REPAIR 89.44 10/11 10/07/2011 5019 200390 TWIN CITY GARAGE DOOR CO, STATION 2 DOOR 1,820.50 10/11 10/07/2011 5020 210232 UNI- SELECT VEH PARTS 15.04 10/11 10/07/2011 5021 210405 UNIFORMS UNLIMITED, INC UNIFORMS 107.68 10/11 10/07/2011 5022 220200 VERIZON WIRELESS COMMUNICATIONS 52.04 10/11 10/07/2011 5023 230300 WARGO NATURE CENTER SAFETY CAMP EXPENSE 100.00 10/11 10/07/2011 5024 999921 JESSE JUSCZAH REFUND TRAINING FEE 435.00 Grand Totals: 14,565.82 M = Manual Check, V = Void Check 12 Summary of Ordinance 50, Second Series Notice is hereby given, that on October 12, 2011, Ord. #50, Second Series, entitled "AN ORDINANCE AMENDING CITY CODE AUTHORIZING PERMITS FOR USE OF SPECIAL VEHICLES ON CITY STREETS, was adopted by the City Council of Centerville, Minnesota. Notice is further given that due to the Lengthy nature of the ordinance, the City Council has directed that this title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd. 4. Notice is further given that a complete printed copy of the ordinance is available for inspection by any person during normal business hours of the City Clerk, 1880 Main St., Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429- 3232. Notice is further given that the general purpose of the ordinance is to amend the code to permit special vehicles on City roadways. Section 1. This section contains the text of a new Chapter 73, establishing definitions for special vehicles that may be used on city streets and providing conditions for permits and use of such special vehicles. Section 2. This section provides that the effective date shall be upon publication of this summary. Notice is further given that the Council has by a 4/5 vote approved this public notice on the 12th day of October, 2011. Teresa Bender, City Clerk Published in the Citizen on , 2011. 13 Res. #11 -0 A RESOLUTION AUTHORIZING THE CITY OF CENTERVILLE TO PARTICIPATE IN THE MULTI - JURISDICTIONAL ANOKA COUNTY HAZARD MITIGATION PLAN WHEREAS, on February 14, 2007, Centerville City Council adopted the Anoka County Multi - Jurisdictional Hazard Mitigation Plan completed on November 28, 2006; and, WHEREAS, FEMA formally approved the Anoka County Hazard Mitigation Plan in 2007 and requires the plan to be reviewed and updated every five years; and, WHEREAS, the current plan is up for review and re- approval by FEMA in 2012; and, WHEREAS, participation in the All- Hazard Mitigation Plan is a required for a community to receive federal disaster assistance; and, WHEREAS, approval of the All- Hazard Mitigation Plan will make the County eligible to receive Hazard Mitigation Grant Program (HMGP) project grants, including potentially some projects benefiting the City of Centerville and its residents. NOW THEREFORE, BE IT RESOLVED by the City Council for the City of Centerville, Minnesota that as a potential participant in the Hazard Mitigation Assistance Program, the City of Centerville, Minnesota hereby states their interest in participating in the multi jurisdictional All- Hazard Mitigation plan by identifying hazards and prioritizing potential projects to mitigate the effects of natural hazards. BE IT FURTHER RESOLVED that after FEMA funding approval and during the plan implementation, the City of Centerville, Minnesota agrees to participate in the hazard mitigation planning process. BE IT FURTHER RESOLVED that as signed, the City understands this is a voluntary program and our participation may benefit our jurisdiction by identifying hazards and prioritizing projects to mitigate the effects of natural hazards. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE THIS 26TH DAY OF OCTOBER, 2011. Tom Wilharber, Mayor Attest: Teresa Bender, Clerk 1 4 Draft 10/17/2011 Resolution Number 11 -0xx RESOLUTION OF COUNCIL WHEREAS it is in the best interest of the City of Centerville, Minnesota, to enter into an arrangement to provide the City with credit by way of a Corporate MasterCard account; WHEREAS the City has the power and authority to obtain credit; NOW THREFORE BE IT RESOLVED BY THE CITY OF CENTERVILLE, MINNESOTA: 1. THAT the City is authorized to enter into an arrangement with the BANK OF MONTREAL to provide the City with credit by way of a Corporate MasterCard account in an amount of up to US$36,000, under which arrangement employees of the City may be issued with Corporate Cards on the MasterCard corporate account of the City with the Bank and the City shall be responsible for the payment of all amounts, including fees and interest, charged to such corporate account, the whole substantially on the terms and conditions set forth in the draft Corporate MasterCard Account Agreement submitted to and hereby approved by the City Council. 2. THAT the Mayor and Administrator are hereby authorized to sign for and on behalf of the City a Corporate MasterCard Account Agreement with the Bank substantially on the terms and conditions of the draft thereof approved by the Council, with such changes or modifications as the person(s) so signing may in their/his sole discretion deem appropriate, and to sign such other documents and do such other things they/he in their/his sole discretion deem appropriate or advisable in connection with or to give effect to such Corporate MasterCard Account Agreement and the program contemplated thereunder. The entire balance of the account shall be paid each month by the due date of the credit account statement. Adopted this day of , 2011. Tom Wilharber, Mayor Attest: Teresa Bender, City Clerk I, the undersigned, Clerk of the City of Centerville hereby certify that the foregoing is a true, correct and complete copy of a resolution of the Council of the City passed effective the day of 2011, and the said resolution is in full force and effect and unamended as of the date hereof. This day of 2011. Name Signature 15 CITY OF CENTERVILLE MASTERCARD PURCHASE CARD PROGRAM Procedures Manual for City of Centerville Program Card Administration Name: Dallas Larson, Adinistrator (Tel) 651- 429 -3232 Name: Mike Jeziorski, Finance Director (Tel) 651- 429 -3232 1880 Main Street Centerville, MN 55038 Address: 16 Table of Contents Introduction 2 To Obtain a MasterCard Purchase Card 3 General Information 4 Acceptable MasterCard Purchase Card Purchases 5 Unacceptable MasterCard Purchase Card Purchases 6 Program Restrictions 7 Reconciliation and Payment 8 When Your Records Do Not Agree With Your Monthly Statement 9 Lost or Stolen Cards 9 Sales and Use Tax 10 In Summary 10 Purchase Card Glossary 11 Appendix: Cardholder Application Form 12 Acknowledgment of Receipt of the MasterCard Purchase Card 13 Purchase Card Order Log 14 Cardholder Misuse Report 15 Terms of Revocation Form 16 1 17 Introduction Welcome to the City of Centerville MasterCard Purchase Program provided by PFM Financial Services LLC ( "PFM ") through Harris Bank, IL. The Purchase Card is a simplified and cost- effective method of purchasing and remitting payment for approved expenditures. The Purchase Card can be used for retail purchases; i.e. in person or by mail, telephone or fax. The Purchase Card is embraced by public and private organizations as a means to create an easy to use process perfectly suited for small dollar purchases. In the continuing effort to improve service to our District staff, this is one more opportunity to achieve that goal. There are certain costs attributed to handling a typical purchasing requisition. Financial industry research shows that small - dollar purchases represent only 20% of dollar volume, yet generate 80% of total transactions. District data corroborates the 80/20 rule and further defines transaction costs from $120 to $150 per purchase order. The Purchase Card is to be used in accordance with the guidelines established within this manual. You are asked to treat this program with the same sense of responsibility and security you would use with you personal credit cards. All Purchase Cards are issued at the request of City of Centerville and card usage will be audited and may be rescinded at any time. You are the only person authorized to use your card! This manual provides the guidelines under which you may utilize your Purchase Card. Please read it carefully. Your signature on the Cardholder Authorization Form indicates that you understand the intent of the program and agree to adhere to the guidelines established for the program. The Program Card Administrator will receive your Purchase Card approximately 14 days after submitting your application to PFM. Upon receipt of your card, the Program Card Administrator will schedule you for a Purchase Card training session. Upon successful completion of your training session, you will receive your card. At the training session you will fill out the Acknowledgement Form for receipt of your card. You may then call the Harris Bank activation number (1- 800 - 263 -2263) to activate your purchasing card. Please contact the city Finance Director if you have any questions Record keeping will be essential to ensure the success of this program. This is not an extraordinary requirement since standard reimbursement policies require the retention of all receipts. Finally, remember you are spending City of Centerville money each time you use the Purchase Card. 2 18 To Obtain a City of Centerville MasterCard Purchase Card Please read this manual in its entirety before requesting your MasterCard Purchase Card. The manual will provide you with a variety of information: How to apply for a Purchase Card What type of purchases can and cannot be made on the Purchase Card What type of merchants will accept the Purchase Card Record maintenance and monthly statement reconciliation Other miscellaneous information Your (Authorized Supervisor) must indicate approval by signing the Cardholder Application form before it can be processed. All requests will be processed through the city finance director. After you have read this manual and understand the outlined procedures, please complete the Cardholder Application Form. You must indicate your work location mailing address and e -mail address to receive statements and correspondence related to the program. Read carefully and sign the Cardholder Application Form. Your Authorized Supervisor will also be asked to sign this form. When you receive your Purchase Card, sign the back of the card and call Harris Bank to activate the card. Always keep the card in a safe place! Then, sign the Acknowledgment Form and return it to the city finance director. Although the card is issued in your name, it is the property of City of Centerville and is only to be used for City of Centerville purchases as defined in this manual. Purchase cards are renewed automatically and new cards are issued by Harris Bank every 36 to 48 months. You will be assigned a company ID and User ID in the set -up process of accessing the Harris Bank details Online report and card management website, this will occur during training with the Program Card Administrator. 3 19 General Information or The Purchase Card may be used at any merchant that accepts MasterCard credit cards. tir The Purchase Card is not to be used for personal purchases. c You are responsible for the security of your card and any transactions made against the card. The Purchase Card is issued in your name and it will be assumed that any purchases made against the Purchase Card will have been made by you. cr Use of the Purchase Card not in accordance with the guidelines established for this program will result in revocation of the card. q' You will not be charged an annual fee for your card. ar Harris Bank will pay merchants within 48 hours of (the merchants') posting of your transaction to MasterCard. qr Your Supervisor will select one (default) account code for charge- backs. ✓ The Department budget is reduced by each transaction and reflected by the fifteenth of the following month. Original receipts and a copy of the Monthly Card member Activity Report (printed from Harris details Online Website) should be forwarded to the Finance Director each month, by the third day of the month. 4 20 Acceptable MasterCard Purchase Card Purchases The following information provides examples of purchases that are appropriate for the Purchase Card: ® Purchases of a small dollar amount ® Utilities O Fuel O Vehicle repairs ® Approved supplies for your department ® Conference /Seminar registrations that have been preapproved ® Travel/Conference expenses where preapproved ® Hardware Stores ® Fed Ex/UPS charges % Other miscellaneous items that apply to your department and budget You should generally get your department head's approval except for routine, reoccurring type of expenses. Unacceptable MasterCard Purchase Card Purchases The following items define where the Purchase Card is not an appropriate choice: 9 Alcoholic Beverages /tobacco 9 Lottery Tickets ® Cash Advances, or ATMS's ® Gift Certificates 9 Food, except when on authorized, out of area travel This list is not intended to be all- inclusive. If you have specific questions, please call your Department Head or the Finance Director for assistance. 5 21 Program Restrictions Each MasterCard Purchase Card has been assigned a monthly credit limit determined by the City. Harris Bank will only take direction from your authorized program administrator. All requests and limit changes must be approved by your program administrator, or Harris Bank will not make those changes. The MasterCard will be accepted for purchases of generally approved City of Centerville commodities. Businesses and services determined not to offer products commonly accepted for City of Centerville use have been blocked from accepting the Purchase Card. Limiting the acceptable Merchant Category Codes does this. The Merchant Category Code is a four -digit classification code used in the authorization and settlement systems to identify the type of mcrchant (commonly known as Standard Industrial Code "SIC "). Levels of credit authorization are in place to clearly define the individual purchasing limit controls. We have chosen to define our control limits by levels. Each designated level will have a transaction limit, daily limit, and monthly limit. Transaction Daily Monthly Level Limit Limit Credit Limit Level 1 $ 2000 $ 2000 $ 2000 Level2 $ 5000 $ 5000 $ 5000 Level 3 $ 7000 $ 7000 $ 7000 Level4 $ 18,000 $ 18,000 $ 18,000 Transactions falling outside the assigned level are designed to be declined at the point of sale. If your card is declined by a merchant and you feel the decline should not have occurred, contact the finance director or Corporate Client Services of Harris Bank at 1- 800 - 263 -2263 within 24 hours. Request for transaction, daily and monthly limit changes are to be made by the supervisor to the Program Card Administrator. 6 22 Reconciliation and Payment The MasterCard Purchase Card program carries corporate, not individual, liability. A single invoice covering all City of Centerville_ Purchase Cards will be paid each month by the City. You will not be required to pay your monthly statement using personal funds. The Purchase Card does not impact your personal credit rating in any way. It is required that you retain all original receipts for goods purchased. If you purchase via phone or mail, require the merchant to include an invoice and receipt with the goods when the product is shipped to you. If that is not possible, you must obtain a packing slip when the shipment is received to document the purchase and the price of all goods. Invoices and receipts must be turned in to the Finance Director on a weekly basis. Every cardholder will need to review their statement (at a minimum one time per month) for all transaction made against their MasterCard Purchase Card during the previous billing cycle. You will be notified by e-mail to review and approve your transactions on the last working day of the month. You will have 7 days to complete this task. You have the option to change (reclassify) any portion of the 17 -digit UFARS code, or to split and reclassify between multiple codes. Original receipts and a copy of your Harris Bank Statement (printed form the website) should be forwarded to the Program Card Administrator each month, by the (fill in) of the month. The cardholder may keep a transaction log of all receipts and statements. The log serves'to remind cardholders of transactions and assists in reconciliation of the monthly statements. A periodic audit will be conducted of card activity, retention of receipts, reconciled detail and signed monthly statements. Misuse of the MasterCard Purchase Card includes: ® Using the Purchase Card for personal purchases ® Purchase of unauthorized items ® Use of the Purchase Card by someone other than the cardholder ® Fraudulent or inaccurate record keeping In the case of misuse, the Finance Director shall document the occurrence on the Cardholder Misuse Report and forward it to the Program Card Administrator immediately for further action. When Your Records Do Not Agree with Your Monthly Statement There may be an occasion when you find items on your transaction log that do not correlate with your retained receipts or monthly cardholder statement. Reconciliation of your monthly statement is very important to determine if you made a particular transaction, the amount of the transaction is correct, or you have a quality or service issue. '7 23 Your first recourse is to contact the merchant involved to try to resolve the error. If the merchant agrees that an error has been made, your account will be credited. Highlight the transaction in question on your statement as a reminder that the item is still pending resolution. Be sure to check that the credit is received on your next monthly statement. If you are unable to resolve the issue directly with the merchant, contact the customer service department at Harris Bank, 1 -800- 263 -2263. When calling be sure to have detailed information regarding the dispute. State that you would like to dispute a charge on your Purchase Card. You are required by law to submit the information in writing to initiate a claims dispute with Harris Bank. The amount of the next monthly statement will be reduced by the amount of the disputed item until the question is resolved. (See Cardholder Dispute Form at the back of the manual.) Any charge you wish to dispute must be identified in writing within 30 days of the statement date to Harris Bank. You are responsible for the transactions identified on your statement. When an audit is conducted on your account, you must be able to produce receipts that a City of Centerville approved transaction occurred. If an error is discovered you are responsible to show that the error or dispute resolution process has been followed. Lost or Stolen Cards The MasterCard Purchase Card is the property of City of Centerville and should be secured just as you would secure your personal credit cards. If your, card is lost or stolen contact Harris Bank customer service number (1- 800 - 263 - 2263), immediately then notify the Finance Director. When calling customer service, be prepared to provide your social security number. Upon notifying Harris Bank, the card will be deactivated immediately. If the card is reported lost or stolen and is later used, the Merchant will decline it. Prompt action in these circumstances is very important to reduce City of Centerville liability for fraudulent charges. Sales Tax Merchants are usually required by taxing authorities to include sales tax when good are purchased. The amount is dependent on a variety of factors, including the state and city where you are purchasing the goods. Should you have additional questions, please contact the Finance Director for assistance. 8 24 In Summary The City of Centerville Purchase Card Program is an opportunity to reduce paperwork, expedite the purchasing process at the department level and reduce City of Centerville administrative expenses. Historically, City of Centerville has used numerous other methods to make low dollar value purchases. The Purchase Card process will allow the City of Centerville to realize significant savings in administrative processing costs while providing a customer friendly, efficient and effective method to buy low dollar value goods and services. Exercise good judgment and act within your authorized budget when using your card. The Purchase Card is issued in your name and all activity will be assumed to have been incurred by you. We ask you to maintain simple but accurate records. You must turn in receipts for every purchase for auditing purposes. City of Centerville is working to continually improve the way business is conducted and your feedback is critical to achieving that goal. Your use of a MasterCard Purchase Card for appropriate purchases can help the city achieve significant savings by decreasing the amount of checks we process each month. The purchase card is a program in progress. Utilized as another option to make low dollar value purchases, the program will continue to evolve and transform as it best fits the City of Centerville's needs. If you have any questions about the program or need additional information, please contact the Finance Director. Purchase Card Glossary Retail Face to face transaction where cardholder presents the Purchase card to the merchant and the card are physically swiped through the terminal. Principal/Department Person authorized to oversee and make decisions Supervisor regarding expenditures. Customer The card user and Principal/Department Supervisor. Vendor/Merchant /Supplier Synonymous terms, meaning the place where you make the purchase. Program Card Administrator A District employee(s) administering the purchase Card program. (Fill in name(s) and phone number). Revocation To nullify by withdrawing, recalling or reversing card privileges. 9 25 Receipt Written acknowledgement that merchandise or service has been received. Invoice An itemized list of goods or services shipped or received with an account of all costs. Statement Summary of all sales in a given period (NOT AN INVOICE) Strategy Operational criteria defining purchasing limit controls which are tied to each individual account. Point of Sale (POS) Terminal A device placed at a vendor /merchant/supplier location which is connected to the bank's system via the telephone lines and is designed to authorize, record, and forward data by electronic means for each sale. Cardholder An individual to whom a Harris Bank MasterCard Purchase Card is issued. Merchant Category Code (MCC) A four -digit classification code used in the authorization and settlement systems to identify the type of merchant, also commonly known as, Standard Industrial Code (SIC). Reconciliation Check to assure receipts match with monthly statements. 10 26 CARDHOLDER APPLICATION FORM MasterCard Purchase Card applicants need to acquire authorization from their Principal/Department Supervisor to apply for the Purchase Card. APPLICANT INFORMATION: (Please print clearly) Location Phone Number Location Address Applicant's Name Applicant's E -Mail address Transaction Limit: Daily Limit: Monthly Limit: Approver Name Approver E -Mail address (FILL IN AUTHORIZING INFORMATION:) As the (fill in), I hereby grant the above mentioned Applicant authorization to apply for, and use, the (fill in district name) MasterCard Purchase Card for the account number listed below. I also agree to review and sign the monthly MasterCard Purchase Card statements issued to the above applicant. If the applicant's employment with the City of Centerville is terminated, I agree to notify the Program Card Administrator. (fill in) Signature Default Budget Account Code 11 27 ACKNOWLEDGEMENT OF RECEIPT OF THE MASTERCARD PURCHASE CARD I acknowledge that, on the date indicated below, I received my Purchase Card. I have previously received a copy of the procedure manual explaining the use and responsibilities of the Purchase Card. I understand that: The Purchase Card is a cost - effective method for the purchase and payment of small dollar material transactions and is limited to $ per month. The Purchase Card is to be used solely for business purchases; not personal purchases. I am responsible for reconciling monthly statements and maintaining accurate accounting records. Should my employment with City of Centerville terminate, I am responsible for returning the Purchase Card to the Program Card Administrator. Employee Signature Employee Name (Please Print) Date: Please return this form to (Finance Director) 12 28 City of Centerville MasterCard Order Log Cardholder Name: Office Location: Department: For The Period: Date Date Total $ Ordered Delivered Amount Description Expense Code 1 2 3 4 _ 5 6 7 8 NI 9 C o 10 _ _ 11 12 13 14 15 16 _ 17 18 18 20 Cardholder Signature: Authorizing Signature: Date: Dept/Title: Date: RETAIN RECEIPTS, CARD STATEMENT AND LOG AT SITE/DEPARTMENT 14 CARDHOLDER MISUSE REPORT Date: Location: DESCRIPTION OF MISUSE: ACTION TAKEN: RECOMMENDATION: SUBMITTED BY: TELEPHONE NUMBER: FAX or DELIVER THIS FORM TO THE FINANCE DIRECTOR AT (Te1:651- 429 -8629) IMMEDIATELY FOR REVIEW AND PROCESSING 15 30 TERMS OF REVOCATION FORM As an authorized user of the MasterCard Purchase Card, I understand that I am the only person authorized to make purchases with the Purchase Card issued to me and that such purchases must be in connection with my employment with, for the benefit of, and authorized by (fill in district name). 1 understand that the following items constitute misuse of the MasterCard Purchase Card and that any misuse will result in the revocation of my privileges to be a MasterCard Purchase Cardholder, and may result in revocation of all departmental and/or divisional Purchase Card privileges. Misuse of the MasterCard Purchase Card includes the following: 9 Using the MasterCard Purchase Card for personal purchases 9 Purchase of unauthorized items O Use of the Purchase by someone other than the cardholder O Fraudulent or inaccurate record keeping If the MasterCard Purchase Card is used for personal purchases, for unauthorized items or by someone other than myself, I hereby agree to personally pay either City of Centerville or the vendor for such purchases and hereby authorize City of Centerville, if necessary, to withhold from my paycheck any amount necessary to pay these charges. Name of Cardholder Date (Please Print) Cardholder's Signature NOTE: In addition to the above consequences for misuse of the MasterCard Purchase Card, City of Centerville retains the right to take further action, whether in the form of disciplinary action, temrination of employment, and/or legal prosecution, in the event of gross misuse or fraud involving City of Centerville funds. 16 31 O 4 \ \ . PFM Financial Services LLC G Airport Corporate Center One Corporate Drive, ive, Suite 101 Bohemia, NY 11716 � Pnone 631 -580 -6258 MI Free 800 -356 -5148 Fax 888- 356 -3188 Application to Participate www.powercardpfm com To participate in the PCard program, the following information must be completed and signed by an authorized representative. Legal Name of Entity City of Centerville Mailing Address 1880 Main Street Centerville, MN 55038 Federal Tax ID Number 41- 1267014 Name arid Title of Authorized Representative Dallas Larson, City Administrator Central Bank Bank Account to be debited for the charges (or) Account # Fund Account to be debited for the charges Name and Title of Person Who Will Administer Dallas Larson, City Administrator PCard Program Mailing Address of the Administrator - Telephone ( ) Fax ( ) Email Current Annual Budget $2,054,700 Population 4000 Highest Month End Spend Amount $200,000 (Excluding Payroll) Yr>ur purchdsinq raid cmdr( 11/11• wdi hr mvi, v d dunuiIfy June Harris Barik rog000s a copy of your cryauirallnn s audm'd norm/ al stdtemrnls wirhin !lorry 1101 rlays ul curnplv0orr rack yr_al Please indicate the month of the year your audit is generally completed & available: Are your a udited financials available online? Yes (YIN) 32 Page 2, Application to Participate Once PFM receives your completed application packet, it will be reviewed to ensure that everything has been completed correctly. Properly completed documents will be immediately forwarded to Harris Bank. Upon receipt of the package, Harris will email the Program Administrator an electronic "Implementation Handbook" and begin implementation discussions. This normally takes place within 14 business days of Harris's receipt of the application. A fist of PCard Administrators will be posted on our website to foster a support/user network. Do you want to be listed on our website? ❑ Yes ❑ No By signing this application you are authorizing PFM to debit your account on the 7 day, after the cycle cut off of each month, for payment of your PCard invoice. It is the customer's responsibility to make sure monies are available, in the account stated above. If monies are not in the account on the date of withdrawal, the customer will be subject to charges. AUTHORIZED CLIENT SIGNATURE PRINT NAME Dallas Larson TITLE DATE Administrator If you have any questions, please contact us at 800 - 356 -5418 or pcardeofm.com. Return Completed Application Packet to: PFM Financial Services LLC Airport Corporate Center One Corporate Drive, Suite 101 Bohemia, NY 11716 Attn: PCard Processing • For Internal Use Approved by PFM : Approved by Harris Bank Date: Date: 33 Unit �ekp8ee8by���®®® ©® ZIP CODE Missy et loss 24) Usti Program AMMO) mu: meuamb (lwRmmmm or vs ._ FI " 'PR ��BRIB ?u11 tFiIISAI 4 (10 diameters) 1 (mat 30) Loo ca) Callas R Lana 3 16,000 1880 Mn* tract Cmlemlk MN 55038 6514293328 City ofCemmJk Rahn Larson Default 1 (arm) Li P — - Lon MB. A lezionki a 5,000 1880 Man Stmt CeMasilk MN 55038 6514293326 City ofCmtervilk Dann Leeson Default l Oxus/ Mminiebatoo Peal / PSI, 3 10(10 1880 Man Street Cenknilk M MAMA N 55038 6514293328 City of Deka Lamm MAMA (mm) Public Warta Tedd E Peterson 8 1000 1660 Mein Street fameni50 MN 55036 6554293328 City o(Cn k Dellis Larson Cefwh l(na) PuNk Works Rick L Case 3 2.100 1880 Men Street Centerville MN 55038 6514293328 Ciwo(Cem lk Dallas Lama Delimit 1 (ens) Pudic Works Gm A Burmeister 3 2100 1880 Men Stem CCvmnllt MN 55038 6514293328 City of CemerviTC Dolan Lema Default 1 laves) Pudic Works 36.000 CO A BMO EPURCHASING SOLUTIONS CORPORATE MASTERCARD PROGRAM MEMBER ACCOUNT AGREEMENT THIS AGREEMENT made as of the day of , 20 Between with its principal office at (the "Member ") and BANK OF MONTREAL, a Canadian chartered bank with a branch at 115 South LaSalle Street, Chicago, IL 60603 (the "Bank"). THE PARTIES AGREE AS FOLLOWS: SECTION 1. MEMBER ACCOUNT AND CARDS. The Bank has established a Corporate MasterCard program with PFM Financial Services LLC. (the "Association ") for its qualified members. The Association has requested that the Bank establish a MasterCard account for you and the Bank has agreed to do so. This Agreement between the Member and the Bank and the Agreement between the Bank and the Association set forth the terms and conditions under which the Bank will make its Corporate MasterCard program available to the Member. Section 1.1. The Bank will establish a MasterCard ® ` account for the Member (the "Member Account") under the Bank's Corporate MasterCard program with the Association as indicated in Schedule 1 with the initial credit limit of U.S. $ (the credit limit of the Member Account in effect at any time is herein called the "Member Credit Limit "). The Bank shall lend money to the Member and its Cardholders (as defined below) up to the Member Credit Limit by way of charges to the Member Account in accordance with this Agreement. The Bank reserves the right, in its sole discretion, to modify the Member Credit Limit and the Cardholder Credit Limits at any time. The Member agrees that the Member Account is to be used for business purposes, and not for personal, family, or household purposes (non- business purposes). Member will notify its Cardholders of the prohibition against use for non- business purposes when the Card is issued and periodically thereafter during the term of this Agreement. Member agrees that regardless of the purposes for which the Member Account is used to make purchases, all such transactions, interest, fees and related charges shall be paid to the Bank by the Member in accordance with the terms of this Agreement. Section 1.2. The Member may request the Bank to issue a MasterCard card or card numbers ( "Cards') on the Member Account to employees designated by the Member. Each such request (a "Request") shall be in a form attached as Schedule "2" and shall be duly completed and signed by the designated employee and, on behalf of the Member, by a Program Administrator (as defined below) as required by the Bank from time to time and shall be submitted by a Program Administrator. rev03 -26-07 35 Section 1.3. Upon receipt by the Bank of a Request in respect of an employee, the Bank will issue a Card on the Member Account to the employee, embossed with the name of the employee (the "Cardholder ") and the Member's name and/or identifier. The Bank may issue renewal, replacement or temporary replacement cards for any Card from time to time. In addition, at the Member's request, the Bank may issue each Cardholder a personal identification number (a "PIN ") enabling the Cardholder to use the Card at automated teller machines ("ATMs") accessible with the Card to obtain cash advances and effect transactions on the Member Account. The Member shall instruct each Cardholder not to disclose the Cardholder's PIN to any other person. Transaction records issued by an ATM are solely for the Member's convenience and in the event of any dispute as to the accuracy of such records, the Bank's internal records are presumptively correct and Member must establish by clear and convincing evidence that such records are in error. Section 1.4. The Member shall establish and set out in each Request a credit limit for the Card (the "Card Limit") to be issued to the employee designated in the Request, subject to limitations which may be set by the Bank. A portion of this Card Limit is available for Cash Advances. The aggregate of all Card Limits for issued Cards shall not exceed the Member Credit Limit. SECTION 2. CHARGES AND FEES. Section 2.1. Subject to the provisions hereof, the Cardholder may use the Card to charge to the Member Account (a) the price of goods or services obtained from a merchant or supplier honoring the Card, by means of payment or settlement by the Bank to the merchant or supplier (a "Purchase'); or (b) cash advances obtained through the use of the Card either directly from the Bank, through use of an ATM, or through another financial institutions honoring the Card; or purchase a money order, travelers check or similar item (a "Cash Advance"); provided, each such Purchase and Cash Advance must be for a business purpose. Any such use of a Card which results in a Charge (as defined below) to the Member Account, whether or not the Card was presented to a merchant or supplier (such as Internet, mail or telephone order Purchases) or the Cardholder's signature was obtained, or by use of a PIN, is herein called a "Transaction." Section 2.2. The Bank will maintain a sub - account of the Member Account for each Card (a "Card Account"). The Bank shall record all Transactions with respect to each Card, as well as all interest, fees, service charges, credits and adjustments relating to such Card or its use on the Card Account maintained for such Card. All Transactions, interest, fees and service charges posted to the Member Account, including by recording them on individual Card Accounts, shall constitute a charge to the Member Account (a "Charge'). Section 2.3. The annual Card fee for each Card and the service charges set forth in Schedule 1 shall apply . For each Cash Advance, the Bank adds an additional service charge as set forth in Schedule 1. This fee will be added to the Cash Advance balance. The amount of the Cash Advance also may include a surcharge that the ATM owner imposes. -2- 36 Section 2.4. Upon receipt of a credit issued by a merchant or supplier for Purchases charged to the Member Account, the Bank shall post the credit to the Card Account. If the Bank does not receive the credit prior to the time the related charge is included in a monthly Card Account Statement (as defined below), the amount of the related charge shall be paid by the Payment Due Date. Section 2.5. The Bank and MasterCard International convert any Card Transaction made in a currency other than U.S. dollars to U.S. dollars. MasterCard International uses the MasterCard International conversion rate in effect on the day the Transaction is posted to the Card Account (currently either a wholesale market rate or a government - mandated rate) and adds a MasterCard International conversion charge. The Bank then adds the Bank's current foreign exchange markup. The MasterCard International conversion rate and charge may not be the same as existed on the day of' the Transaction. The amount of the Transaction after conversion (including foreign exchange markup) is shown on the Card Account Statement as either a Purchase or Cash Advance. However, if a foreign currency Transaction is refunded to a Card Account, the MasterCard conversion rate used to convert the refund to the currency of the card is the rate that the Bank pays to MasterCard International Inc. minus the markup percentage that the Bank discloses to the Customer from time to time. This rate may not be the same as the rate that existed on the date the Transaction was refunded. For these reasons, the amount that is credited to a Card Account for a refund of a foreign currency Transaction will, in most cases, be less than the amount that was originally charged to the Card for that Transaction. SECTION 3. STATEMENTS, PAYMENTS AND INTEREST. Section 3.1. The Bank shall prepare monthly, as of the Monthly Billing Date, a Card Account statement (the "Card Account Statement") for each Card Account in which there is an outstanding balance as of the Monthly Billing Date or in which a Charge has been posted during the period commencing the day after the immediately preceding Monthly Billing Date and ending on the current Monthly Billing Date (the "Billing Period "). The Bank may upon request by the Member send to each Cardholder the Card Account Statement for such Cardholder's Card Account. The Card Account Statement will include the Transactions and the outstanding balance. Section 3.2. The Bank will prepare monthly, as of the same date in each month (the "Monthly Billing Date "), and will send to the Member an invoice (the "Member Account Statement') showing the aggregate outstanding balance of the Member Account as of such Monthly Billing Date; if more than one invoice is sent, such aggregate outstanding balance will be the sum of all the invoices. Section 3.3. Each month, the Member shall pay in full the aggregate outstanding balance of the Member Account shown on the Member Account Statement on or before the Payment Due Date in respect of such Member Account Statement, which Payment Due Date shall be the number of days after the Monthly Billing Date set out in Schedule 1. Payments must be made in U.S. Dollars. On the Payment Due Date, as agreed by the parties, the Bank shall either (i) debit the Member's specified U.S. dollar deposit account at Harris Trust and Savings Bank or one of -3- 37 its affiliates; (ii) debit the Members Account with it's designated bank account (iii) debit the Member's specified U.S. dollar deposit account at a U.S. financial institution; or (iv) Member shall pay in immediately available funds with a check or draft drawn on a U.S. financial institution for the balance shown on each Member Account Statement. Any amount not so paid on or before the applicable Payment Due Date shall be considered past due and such non - payment shall constitute a default by the Member. Section 3.4. Interest shall be charged on the amount of all Purchases, fees and service charges from the date posted to the Member Account, and from the date of the advance for Cash Advances. Interest shall be charged at the annual rate(s) defined in Schedule 1 (the "Card Rate(s))." Interest is calculated on a daily basis by multiplying each daily interest- bearing balance of Charges in each Card Account by a daily rate of interest. The daily rate of interest is equal to the applicable Card Rate divided by the actual number of days in the year (365 or 366, as the case may be). Section 3.5. The Bank will waive the interest charges on Purchases, fees and service charges if the Bank receives payment in full at its MasterCard Payment Center of the aggregate outstanding balance of the Member Account on or before the Payment Due Date each month. The Bank will not waive interest charges on Cash Advances. Section 3.6. If the Bank receives any payment in an amount less than the outstanding balance of the Member Account shown on a Member Account Statement, the Bank may apply such partial payment to the Card Accounts as the Bank elects. In respect of any Card Account, any payment will be applied towards Charges which have been included in a Member Account Statement in the following order: (a) interest, (b) fees and service charges, (c) Cash Advances (d) interest - bearing Purchases, (e) non - interest - bearing Purchases; the remainder, if any, will then be applied towards Charges which have not yet been included in a Card Account Statement in the same order as shown above. The Bank may accept payments that are marked with restrictive endorsements such as "payment in full" without losing any of its rights under this Agreement. Any payment tendered with a restrictive endorsement must be sent to the Bank's address for customer service to be effective in accordance with Section 3 -311 of the Uniform Commercial Code. Section 3.7. The Member shall pay all Charges included in a Member Account Statement notwithstanding that the Member or a Cardholder disputes with the Bank any Charge or other particular. In the event of any such dispute with the Bank, the Member will follow the Customer Service Procedures outlined in Schedule 1. Section 3.8. The Member shall examine each monthly Member Account Statement, and shall ensure each Cardholder examines each monthly Card Account Statement, upon receiving it. If the Member does not notify the Bank of an error or omission with regard to any Charge to the Member Account included in or itemized on such monthly statements within sixty (60) days after the Monthly Billing Date in respect of such statement, the Member agrees that such Member Account Statement and related Card Account Statements shall be deemed presumptively to be correct and Member must establish by clear and convincing evidence that such Card Account Statement is in error. -4- 38 Section 3.9. U.S. Internal Revenue Code (IRC) Section 1441 requires the withholding of tax on certain payments to foreign persons. For U.S. tax purposes, the Bank is a foreign person. However, IRC Regulation 1.1441- 1(b)(2)(ii) provides that no withholding is required on payments made to a U.S. financial institution acting as agent for the foreign person. Harris Trust and Savings Bank, a wholly owned subsidiary of the Bank is receiving all payments made under this agreement as agent for the Bank. Harris Trust and Savings Bank will comply fully with all obligations to withhold under IRC Section 1441 and Regulation 1- 1441 -(1). Additionally, Harris Trust and Savings Bank as a U.S. financial institution will complete an IRS Form W -9, Request for Taxpayer Identification Number and Certification upon request. SECTION 4. MEMBER AND CARDHOLDER LIABILITY. Section 4.1. The Member shall be liable to the Bank for, and agrees to pay the Bank, all Charges to the Member Account, even if-the aggregate of all outstanding Charges is in excess of the Member Credit Limit or in excess of any Card Limit, and even if as between the Member and a Cardholder any Charge resulted from improper use of a Card by the Cardholder. Section 4.2. Notwithstanding 4.1, MasterCard currently provides MasterCoverage program for the benefit of issuers of corporate Cards and the corporate sponsors (such as the Member). Based on the MasterCoverage program, the Bank agrees to waive the Member's liability for certain wrongful Card transactions by Cardholders who are no longer employed by the Member. The type and amount of such Card transactions which qualify for such waiver of Company liability shall be determined by the MasterCoverage program and shall be governed by the terms, exclusions, and conditions of such programs as established from time to time by the underwriters, including but not limited to the condition that the Member meet all of its obligations to make a qualifying claim under the applicable program. The Member acknowledges having received from the Bank of the MasterCoverage Program description outlining such obligations of the Member and the current conditions, limitations, and exclusions applicable to such programs. The Bank may terminate this liability waiver at any time upon written notice to the Member in the event that the related MasterCoverage Program is terminated. Section 4.3. In the event of possible Loss, theft or unauthorized use of Card, the Member agrees to notify the Bank by phone at (800) 361 -3361 or fax notice to the Bank at (888) 224 -5393. Promptly following receipt of such notice, the Bank shall place a hold on the affected Cardholder Account and the Member shall have no further liability for unauthorized use of such Card or Cardholder Account which does not benefit the Member. The Member shall be liable for any unauthorized use of the Card prior to the time the Bank receives notice. Unauthorized use does not include use by a person whom the Member or Cardholder has given authority to use the Member Account. Member will be liable for all use by such a person. The Member will be liable for any use authorized by the Member or a Cardholder until the Member has sent the Bank written notice and destroyed and/or recovered and safeguarded the Card that the person was using. Member shall cooperate with Bank in its efforts to investigate unauthorized use. -5- 39 However, in the event a Cardholder's PIN is disclosed to any unauthorised person, whether by a Cardholder's failure to maintain confidentiality of the PIN, failure to keep the PIN and the Card separate or otherwise, the Member shall be liable for all Transactions through use of the PIN whether or not incurred by the Cardholder. SECTION 5. CERTAIN RIGHTS AND RESPONSIBILITIES OF THE BANK. Section 5.1. The Bank shall have sole discretion over the management, operation, content and features of its Corporate MasterCard program and the Cards. Subject to the terms of this Agreement, the Bank may modify any aspect of its Corporate MasterCard program. Section 5.2. The Bank shall provide the Member with management information as indicated in Schedule 1. Subject to payment of additional fees which may apply, the Bank shall provide the Member with such other management information as the Bank makes available under its Corporate MasterCard program and the Member requests from time to time. SECTION 6. CERTAIN RIGHTS AND RESPONSIBILITIES OF THE MEMBER. Section 6.1. The Member shall, and shall require its Cardholders to, abide by all written security instructions and directions (and telephone instructions in case of emergency) provided by the Bank from time to time. Section 6.2. The Member designates each of the persons whose name, title, address and signature appear on Schedule 1 as its Program Administrator. A Program Administrator shall sign, on behalf of the Member, requests for the issuance of a Card, requests to cancel a Card, requests to modify Cardholder names, addresses, costs centers, departments etc., requests to adjust individual Card Limits ( Requests "), and other documentation in connection with the day -to-day operation and administration of the program under this Agreement. The Bank may deal with any Program Administrator in respect of all matters relating to the day -to -day operation and administration of the program under this Agreement, including requests for information the Bank may reasonably require for its management and operation of the program under this Agreement. All statements, invoices, management information, Cards and other correspondence which the Bank sends to the Member under this Agreement in connection with the day- to-day operation and administration of the program shall be sent to the attention of a Program Administrator. The Bank shall be entitled to rely without inquiry on any request or notice signed by any such Program Administrator and on any instructions, authorization or information received from such person. The Member may change the person or persons designated as Program Administrator by written notice to the Bank and any such change shall be effective upon receipt by the Bank of such notice. Section 6.3. The Member shall be solely responsible for establishing and monitoring internal procedures or guidelines for its employees in respect of use of Cards by Cardholders. The Bank shall have no obligation to inquire or verify whether any use of a Card, or any Charge to the Member Account, is for business or non - business use or whether any Cardholder's use is in accordance with such internal procedures or guidelines regarding use of the Card. -6- 40 Section 6.4. The Bank may allow a Program Administrator to submit Requests through the Internet, in which case the Bank will provide sign -in instructions, a user ID and a password to the Program Administrator. The Member shall protect the user ID and password from fraudulent use and shall immediately notify the Bank of any unauthorised disclosure of the user ID or password. Until such notification, the Bank may rely on any Request received using the user ID and password, and shall have no duty to confirm such Requests. Section 6.5. The Bank may allow a Program Administrator to submit Requests through the Internet, in which case the Bank will provide sign -in instructions, a user ID and a password to the Program Administrator. If the Member appoints other Program Administrators from time to time, an existing Program Administrator may establish a user ID and password for the new Program Administrators. Program Administrators may change their passwords at any time, and will do so when required by the Bank. The Member shall protect each user ID and password from fraudulent use and shall immediately notify the Bank of any unauthorized disclosure of any user ID or password. Until such notification, the Bank may rely on any Request received using any user ID and password, and shall have no duty to confirm such Requests. Section 6.6. The Member will provide its annual audited financial statements to the Bank within thirty (30) days of completion. The statements should be sent by U.S. mail or courier to: Harris Bank 111 W. Monroe, 2nd Floor West Chicago, IL 60690 Attention: Institutional Group SECTION 7. CARDS AND CANCELLATION OF CARDS. Section 7.1. All Cards remain at all times the property of the Bank and cannot be transferred. All Cards shall be surrendered to the Bank upon demand. Notwithstanding any other provision in this Agreement, the Bank may cancel or suspend the right to use any Card if the Bank detects unusual or suspicious activity. Section 7.2. The Member may direct the Bank to cancel any Card at any time for any reason by providing a written Request to the Bank. The written Request must include the Cardholder's last known business address, home address and phone number. The Member shall continue to be liable for Charges made through use of any such Card made prior to the time the Bank receives the written Request. SECTION 8. TERM AND TERMINATION OF AGREEMENT. Section 8.1. The term of this Agreement shall commence as of the date of this Agreement and shall continue until terminated by either party in accordance with the provisions hereof; provided, however, this Agreement shall terminate immediately upon termination of the Corporate MasterCard Program Agreement between the Bank and the Association. 7 41 Section 8.2. Either the Bank or the Member may, upon at least thirty (30) days prior written notice to the other, terminate this Agreement. Section 8.3. The Member or the Bank may immediately terminate this Agreement, without notice, in the event of the bankruptcy or insolvency of the other party or if the other party fails to make any payment when due under this Agreement or if the other party is in default in the performance of any of its other obligations. However, except in the event of bankruptcy or insolvency and except in the event any party fails to make any payment when due under this Agreement, if the default is readily curable, the party having the right to terminate in respect of such default may only exercise such right if the default remains uncured for ten (10) days after written notice of the default is given to the defaulting party. The right to terminate is in addition to any other right the non - defaulting party may have in respect of the default. Section 8.4. Upon termination of this Agreement: (a) all outstanding Cards shall be cancelled and all rights or benefits of the Member or any Cardholder with respect to the Cards shall be revoked or withdrawn; (b) The Member shall continue to be liable for, and to pay, the aggregate of all Charges on each Card Account whether or not then posted to the Card Account or Member Account, including without limitation charges not yet incurred, accrued fees and interest accrued or to accrue, and all such charges shall immediately be due and payable by the Member, and (c) All Cards shall be immediately returned to the Bank or, altematively, the Member shall provide the Bank with a certificate, signed by a Program Administrator, certifying and warranting that all Cards which had been issued have been destroyed SECTION 9. DISCLAIMERS. Section 9.1. The Bank's Corporate MasterCard program including, without limitation, the management information reports provided to the Member is provided to the Member without representation or warranty as to accuracy of information provided. The Member also acknowledges that some benefits or enhancements may be supplied by firms independent of the Bank and the Bank is not responsible or liable for anything in connection with those benefits or enhancements. Section 9.2. The Bank is not liable for any claim made or Loss or damages suffered by the Member arising directly or indirectly from the Member's use of the Bank's Corporate MasterCard program under this Agreement, except for damages which the Member suffers as a result of the Bank's gross negligence or willful misconduct related to the terms of this Agreement. In no event is the Bank liable for any special, indirect or consequential damages, including but not limited to, lost profits and lost revenues. -8- 42 Section 9.3. The Bank always attempts to ensure that its Corporate MasterCard program will be operational, and to respect any available Card Limit or any available transaction limit per Card or per day or any other available limit requested by the Member. However, the Bank cannot warrant that the Corporate MasterCard program will be uninterrupted or error -free or that such limits will always be respected in each case, due to limitations of the Bank's authorization systems, systems management and ordinary stand -in processes, and of the MasterCard system including merchant set -up features. The Member therefore waives any and all claims that it may have against the Bank arising out of the use and performance of the Bank's Corporate MasterCard program under this Agreement, except for claims for damages referred to in section 9.2. Section 9.4. The Bank is not responsible for any defects in or poor quality of the merchandise or services obtained by means of any Card. Any claim or dispute between the Member and a merchant or supplier, including with respect to the merchant's or supplier's right to compensation, will be the object of a direct settlement among the Member and the merchant or supplier and any such dispute shall not affect the Member's obligation to pay all Charges to the Member Account in full to the Bank in accordance with the terms of this Agreement. SECTION 10. NOTICES. Section 10.1. All requests, notices and other correspondence in connection with the day - to-day operation and administration of the Bank's Corporate MasterCard program under this Agreement shall be sent by the Bank to any Program Administrator at the address specified in Schedule 1 and, except as set out in section 6.4, shall be sent by the Member to the Bank at its address specified in Schedule 1. Section 10.2. Any other notice or other written communication by one party to another under this Agreement shall be in writing and delivered by hand or sent by courier, by prepaid post or by fax or other similar form of instant telecommunication capable of confirming receipt of transmission, to the other party at the addresses set forth below and shall be deemed to have been received by the addressee (i) if delivered by hand or by courier, on the day delivered or, if not a business day, on the next business day, (ii) if sent by ordinary prepaid post, on the 4th business day after it was posted and (iii) if transmitted by fax or other such telecommunication and receipt is confirmed prior to 3:00 p.m. (local time) on a business day, on such business day or, in any other case, at 10:00 a.m. (local time) on the business day next following the date of transmission. MEMBER: Address: Attention: Telephone: Fax: -9- 43 BANK OF MONTREAL: Address: Attention: Telephone: Fax: Section 10.3. A party may give notice of a change of address for the purposes of this Section in the manner provided above, and thereafter any notices or communication shall be given to that party at such changed address. SECTION 11. AMENDMENT. Section 11.1. The Bank may amend this Agreement at any time by giving written notice to Member not less than fifteen (15) days prior to the effective date of the amendment. The Bank may immediately modify the Member Credit Limit or any Card Limit upon written notice to Member. Any amendment or modification is effective as at a date stipulated in the notice. SECTION 12. CARDS WITHOUT AN EMPLOYEE'S NAME. Section 12.1. If the Member requests that the Bank issue a Card that will not bear an employee's name, such as a Card assigned to a department of the Customer or a MasterCard Corporate Fleet Card assigned to a vehicle instead of an individual employee, the following additional provisions shall apply: (a) notwithstanding Section 1.3, the Card shall be embossed with the name of the department or vehicle, as appropriate, and any person using the card from time to time shall be the "Cardholder" of the Card; (b) notwithstanding Section 4.3, the Member acknowledges that the Card will not have a Cardholder's signature, and agrees to be liable for all Purchases made with the Card (but in the case of a MasterCard Corporate Fleet Card assigned to a vehicle, only from merchants providing fuel and maintenance services), whether or not the Purchases were made by a duly authorized employee; (c) notwithstanding Sections 1.3 and 2.1, the Bank will not issue a PIN in connection with the Card and the Cardholder cannot obtain Cash Advances; and (d) notwithstanding Section 3.1, the Bank will send Card Account Statements for the Card to the Member. Section 12.2. If the customer requests that the Fleet Card be assigned to a vehicle instead of an individual employee (a "Vehicle Card "), then the following additional provisions shall apply: (a) the operator of the vehicle from time to time shall be the "Cardholder" of the Vehicle Card; (b) notwithstanding Section 4.3, the Customer acknowledges that the Vehicle Card will not have a Cardholder's signature, and agrees to be liable for all Purchases made with the Vehicle Card from merchants providing fuel and maintenance services, whether or not the Purchases were made by a Cardholder; (c) notwithstanding Sections 1.3 and 2.1, the Bank will not issue a PIN in connection with the Vehicle Card and the Cardholder of the Vehicle Card cannot obtain Cash Advances; and (d) notwithstanding Section 3.1, the Bank will send Card Account Statements for the Vehicle Card to the Member. -10- 44 SECTION 13. GENERAL. Section 13.1. The Member shall provide the Bank with such financial information with respect to the Member as the Bank may from time to time reasonably request. Section 13.2. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach. Section 13.3. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written, unless they have been expressly incorporated by additional reference in this Agreement. Section 13.4. This Agreement may not be transferred or assigned by the Member, voluntarily or involuntarily, or otherwise, without the prior written consent of the Bank, which may be arbitrarily withheld. The amalgamation, merger or consolidation of the Member shall be deemed to be an assignment of this Agreement. If transferred or assigned without the Bank's prior written consent, this Agreement will be deemed to be terminated, unless the Bank agrees in writing otherwise. Section 13.5. Any terms of this Agreement which by their nature continue after the Agreement terminates, will remain in effect and will apply to each party's successors and permitted assigns. Section 13.6. References to this Agreement include all Schedules attached hereto, which Schedules are incorporated into and form part of this Agreement. The Member acknowledges that the Schedules have been expressly brought to its attention and it knows their content. Section 13. 7. The headings in this Agreement are for ease of reference only and are not to be used in interpreting this Agreement. Section 13.8. If any provision of this Agreement is held to be unenforceable, invalid or void, all other provisions will nevertheless continue in full force and effect. Section 13.9. This Agreement shall be binding upon and inure to the benefit of each party and its respective successors and permitted assigns. Section 13.10. This Agreement shall be governed by and construed in accordance with the laws of the state of Illinois and federal law applicable therein. The Member irrevocably submits to the jurisdiction of the courts of the state of Illinois and the U.S. District Court, District of Illinois and agrees that any legal action or proceeding with respect to this Agreement may be commenced in such courts. Member and the Bank each irrevocably waive any right to trial by jury in any proceeding related to this Agreement. Member and Bank shall each bear all its fees -11- 45 and costs and the expenses of its own attorneys in connection with any proceeding under this Agreement. (SIGNATURE PAGE FOLLOWS] -12- 46 IN WITNESS WHEREOF the parties have executed this Agreement on the dates written below. This day of , 20_ (MEMBER) By: Name: Title: By: Name: Title: This day of , 20 BANK OF MONTREAL By: Name: Title: All services are provided by Bank of Montreal. ®" Bank of Montreal is a licensed user of the registered trade-mark owned by MasterCard International Inc. TM• Trade -mark of MasterCard International Inc. Bank of Montreal is a registered user. ® Registered trade -mark of Bank of Montreal. rM Trade -mark of Bank of Montreal. -13- 47 SCHEDULE 1 SCHEDULE 1 to the BMO ePurchasing Solutions Corporate MasterCard Program Account Agreement dated as of between Bank of Montreal and (the "Agreement"). A. Pricing Schedule. The following fees and service charges are in effect as at the date of the Agreement. All fees are in U.S. dollars. (1) Annual Card Fee per Card: $ 0. (2) ATM Cash Advance Fee. ATM USD Ci Network 3.50 (US) Cirrus Network 4.50 (Worldwide) Over the Counter MasterCard bank (US) 5,00 MasterCard bank 6.00 (Worldwide) (3) Retrieval of a Sales Draft or issuance of any replacement statement or monthly report will be the Bank's standard service charge for such items at the time of the request. (4) Standard Report Fees: $ 0. (5) Custom Report Fees & Flat File Development: $150/hour, subject to $1,500 minimum charge per report/flat file. Charge will be waived if individual Member net transaction volume exceeds $10,000,000 for any consecutive 12 month period. 48 (6) Foreign Currency Transaction Markup and Refund will be charged at a rate of 2.5 %. B. Payment Due Date. The Payment Due Date shall be seven (7) days after the Monthly Billing Date. C. Card Currencies and Card Rate(s). (1) U.S. dollar. The Card Rate for U.S. dollar Cards shall be the Bank's U.S. Prime Rate plus 7 %. The U.S. Prime Rate is the rate announced by the Bank from time to time as its prime interest rate for U.S. dollar loans. The Card Rate shall change automatically upon a change in the U.S. Prime Rate, without notice to the Member. D. Program Administrator. The Member hereby designates each of the persons whose name, title, address, numbers and signature appears below as its Program Administrator: Name: Title: Address: Telephone number: Fax number: Signature of Program Administrator: Name: Title: Address: Telephone number: Fax number: Signature of Program Administrator: Name: Title: Address: Telephone number: Fax number: Signature of Program Administrator: E. Member Service Procedures. Notices to the Bank and Authorization Procedures. The Bank must be notified in writing when the Member wishes to amend the participation conditions of the Bank's Corporate MasterCard program under the Agreement. Documentation authorized by a Program Administrator must accompany requested changes to: • add employees to the program; -2- 49 • delete employees from the program; • modify employees names, addresses, phone numbers, cost centers, departments, etc.; • adjust individual employee Card Limits. Requested changes, correspondence or enquiries concerning the day -to-day operation and administration of the Bank's Corporate MasterCard program under the Agreement are to be forwarded to: BMO ePurchasing Solutions 3300 Bloor Street West 7th Floor, Center Tower Toronto, Ontario Canada M8X 2X3 Attn: Manager Corporate Clients Telephone: U.S. & Canada Toll Free (800) 844 -6445 Outside U.S. & Canada (416) 232 -0789 Fax: U.S. & Canada Toll Free (888) 677 -5042 Outside U.S. & Canada (416) 232 -8469 Lost or Stolen Card Procedure. The Member and the Cardholder will notify the Bank as soon as it is aware that a Card is lost, stolen or missing and, if required, request a new Card, by phoning Member Services at: U.S. & Canada Toll Free (800) 361 -3361 Outside U.S. & Canada (416) 232 -8020 Upon such notification, the Bank will cancel the missing Card. Disputed Charge Procedure. Except for Purchases involving disputes between the Member or a Cardholder and a merchant or supplier, all Charges which the Member or a Cardholder disputes with the Bank will be reported immediately to the Bank by the Member or a Cardholder. The Member will pay all such disputed Charges. In the next Billing Period, such disputed Charges will then be removed from the Member Account. Upon investigation, any Charges requiring charge back to the Member Account will be subject to interest commencing on the date interest would have commenced had the Charge not been removed from the Member Account, subject in the case of a Purchase to the Bank providing a copy of the transaction slip, if requested by the Member or a Cardholder, within a reasonable time. The Member or the Cardholder will notify the Bank of all Charges in dispute with the Bank in respect of the Member Account by phoning Member Service at: U.S. & Canada Toll Free (800) 263 -2263 Outside U.S. & Canada (416) 232 -8440 -3- 50 F. Online Management Reporting. The Member may choose to enroll in BMO details Online which provides a suite of standard reports accessible via Internet and available to the Member on demand. ACKNOWLEDGED: (MEMBER) BANK OF MONTREAL By: • By: Name: Name: Title: Title: -4- 51 RES. #11-0_ RESOLUTION ORDERING PREPARATION OF REPORT AND PLANS AND SPECIFICATIONS FOR IMPROVEMENT WHEREAS, it has been proposed to improve the following streets by construction of a mill and overlay project: Houle Circle from the west line of Peterson Trail westerly to its terminus Fox Run from the west line of Peterson Trail westerly to its terminus Hayfield Road from Peterson Trail to Mill Road Peterson Trail from Main Street to Fox Run BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, Minnesota: 1. The proposed Improvement is hereby referred to Mark Statz of Stantec, Inc. and that person is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost- effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended. 2. Stantec, Inc., is hereby authorized to prepare plans and specifications for making of the proposed improvement. Adopted by the council this 26th day of October, 2011 Tom Wilharber, Mayor Attest: Teresa Bender, Clerk 52 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Stantec # Bonestroo October 13, 2011 Temp. File: 000616 - 11000-0 1880 Main Street Centerville, MN 55038 -9794 Attention: Dallas Larson, Administrator Dear: Dallas Reference: 2012 Street Improvements At your request, we have prepared a scope of services and fee proposal for the following: • Feasibility Report for the 2012 Street Improvements • Plans and Specs for the 2012 Street Improvements • Bidding Services for the 2012 Street Improvements Scone Feasibility Report We will prepare a feasibility report meeting the requirements of MN Chapter 429 law for the proposed 2012 street improvements as detailed in the attached CIP prepared by the City's Public Works Director, Paul Palzer. The streets identified in the 2012 CIP were all included in a previous Feasibility Study completed for the 2009 Street Improvements Project but did not end up as part of the construction project. Therefore, this report will simply update the findings of the 2009 report with regard to the treatment of the remaining streets. We assume that the City will handle all matters relating to calculation of the proposed assessments, evaluating their viability, and preparation of the assessment roll. We will provide an estimate of the construction and other project costs for the proposed improvements. The report figures and cost estimate will only consider the cost of an appropriate pavement rehabilitation and will not account for maintenance work which will be completed by City staff (or contracted out by the City) prior to the project including: • Water Main Bolt Replacements • Sanitary Sewer Repairs • Storm Sewer Repairs • Curb Repairs • Bituminous Patching • Draintile Improvements Preliminary Survey Based on our discussions of the proposed scope of construction, we do not anticipate the need for any preliminary topographic survey. If the need for such services arises, we will provide a separate proposal for that work. 53 0 � I T 0.0„ ' ro O 3>! m v -i 38°c* v n vao c m , ' 2 °'m c Q. - o CD a m m m a= m psi av m m m 0 0 - ?� tO ••• ••• a s 5 o ••• o ••. 0 . . a f . 0 a N p co 5 a+ m 'm �, m a $ N� D m V D V 3 f o � A� H A,� - n O w m m a - - 0)3 7 . a0 3 Cr m 8a 0 a 3 m = o o � f 0 r> :g v Vl r 3 3 am = fc ac = 13 *o . 3 m m = m m om N O m D- 0 A N ra n) 2 m a O CO m -7 - 0 0 a N = Oj < a 0 m m 0 2 ca m v� = CD 0 ? � Cm 8 a p p aa0D a 5 o ��.3 � �y i 57 ( D r 3m ▪ o • ° .o ado. n 0 _ 3 yy c c p� de .°. x m 7 ui N O= D O v =3- =: m m m N n o f0 v co m y ym � $ • v0 a 0 0 - 00 v f m m c = r a m v 07 N 3�� •3 °o am SD o `o a N o m 3 0 c.8ay 2 co o CD m'< 3 c" =m o,��. 0 c am m a m m m q. -• = CD -• o 0 so co.3 3 o- mca S. °' a - Fa �o o c m y o ai m ° m 0 ° a o 3 3 co 0 n y m 0 aZ m O 0 ] m co ` Bi 0o c ° o � m o m 0 1313 0 g o m 3 ^ ' 2' < a S O i 00 0 = a a N H m 0 m Z. J o g 0 O m 0 13 coo �. - v m L o, = (0 v m Am o D Q m my m 3 `< a A3 o St � n�� 0/ N " D c 0 m A p N 9 Q o 0• a u,c m 1 o N m m g m $ "` 0 m m CO = m •0 S a c v . O. _ . 3 •.� m a 0 OQ R < ,. co 'a c' o 3 i. j ry A 0 to a F N d N m m O o co m m co z =-. C3 5 0 m 5 . - o (o • o m O• a m S co X m Fr; 3O -cc * m co coo m 0 c aD 3 < m m =. F �' O C j N 0 `<< 0 CO v� m = 3 a c a m = O - ■ 0 3Zm n o. c = my3 a m j y v- a 0 co v 0 m m 0 c< m'o a 0 a c 2 a 3aa O �mco ao m m o mm ' lb _ =m m CD 3 ID -a O = a co ° . m _ 0 CO coo ^ S ' j 3' c .. o.? n m 2 .., a 3 Fom o n r N 0 o k = = m 'm O o o 0 ( S G m co 0 0' o N m c . N 0 co D a g Nm O U7 � S v � CD M N W 0= A O S di N <- CT c 3= 0 13 0 m • m v m m o ,< a m s O m a Stantec 10(13/11 • Attn: Dallas Larson Page3of3 Reference: 2012 Street Improvements For the preparation of the Plans and Specifications and assistance with bidding, we propose a not -to -exceed fee, including reimbursable expenses of $9,500. if, at this time, the City Council wishes to move forward with the project, it would be appropriate to have them authorize the production a feasibility report and plans and specifications. Schedule Assuming we are authorized to begin work at the next City Council meeting (10/26), we could have feasibility report complete and a draft of the plans and specs ready for review at the November 23, 2011 City Council meeting. Bidding would then take place in December and early January. Fomtal Improvement and Assessment Hearings could be held in January and February with award of the construction contract soon afterward. Respectfully, STANTEC CONSULTING SERVICES INC. St Mark R. Statz, PE City Engineer 651 - 604-4709 Attachment: Roadway CIP c. Paul Palzer — Public Works Director Greg Burmeister — Project Inspector Lee Mann — Stantec 55 Community Development oo Block Grant `COUNTY -- i Please complete the following Public Service application. An Application Guide is available with directions on completing the application, submission details, and contact information for questions regarding the application. The application must not exceed 20 pages. Program Title: Property Acquisition Applicant Organization /Agency: City of Centerville Type of Organization ® Local Government ❑ Anoka County Department: 0 Public Agency U For - Profit Organization O Faith -Based Organization Non - Profit Organization 0 Institution of Higher Education Contact Person: Mike Jeziorski Title: Finance Director Anoka County CDBG Application 56 • Project Activity 01 (Select the HUD activity listed in the Application Guide that best fits this project; example: 030 Fire Station) If this is a phased project, can this phase stand alone? ® Yes 0 No Will CDBG funding be used to leverage additional funding? ❑ Yes ® No Amount ($) of CDBG Request $ 160,000.00 Amount ($) of Community or Agency's Resources $ 0.00 Amount ($) from Other Sources $ 0.00 Total Program Costs ($) $ Program Description To eliminate slum and blight. • Describe the need and urgency for the proposed project. What are the consequences if the project is not funded? This area that the two structures lie is a key area within the City and has been pegged for future re- development. The City would like to acquire these parcels when they have a willing seller and when the market is at an all time low. Describe the organization's fiscal management including financial reporting and recording keeping. The City of Centerville has a full time Accounting Clerk and Finance Director that work to ensure all accounting entries are completed and reconciled on a timely basis. The governing body is provided with monthly financial statements. Furthermore, the City has an annual audit that ensures compliance to all governmental accounting standards. Is there a fiscal agent other than the applicant? ❑ Yes ® No ,.».® w , � q r , 2! .:; ff a ' lTS?: A$'3f -l� . .�i , , t , � � �. � (Definitions located in the Guide) Objective - SELECT ONE ® Suitable Living Environments Decent Housing Economic Opportunity • Anoka County CDBG Application 3 57 ❑ Low /Moderate Income Housing (LMH) ❑ Single - family housing • ❑ Multi- family housing Will the program serve 100% of clientele from the following categories? Select all that apply: ❑ Abused children ❑ Battered spouses ❑ Elderly (62 years +)* ❑ Illiterate Adults ❑ Migrant Farm Workers ❑ Persons with AIDS ❑ Homeless Persons ❑ Severely Disabled* *HUD definition in Application Guide Is this project for a housing activity? ❑ Yes ®No *All housing activities will be considered for HOME funds before the use of CDBG Type of Housing: ❑ Single - family ❑ Townhome • ❑ 2 -, 3 -, or 4 -plex ❑ Single -Room Occupancy ❑ Multi - family ❑ Other: Tenancy: ❑ Owner- occupied ❑ Renter- occupied Income Level of Clients ❑ 0 -30% Area Median Income ❑ 31-50% Area Median Income ❑ 51-80% Area Median Income Benefit to Homeless ❑ Not applicable ❑ Homeless individuals ❑ Homeless families Non - Homeless Special Need Population Served: ❑ Elderly (62 years +) ❑ Alcohol /drug abuse ❑ Developmentally disabled ❑ Physical disability ❑ Severe mental illness n Victims of domestic violence ❑ HIV /AIDS • I Anoka County CDBG Application 5 58 • Zoning Is the site zoned for the proposed activity? ❑ Yes ❑ No If no, provide an explanation and timetable to change zoning or obtain variance: Appraisal If request is for property acquisition, has an appraisal been completed within the last 12 months? ❑ Yes; copy of appraisal attached. ® No; if appraised value not known, what is the fair market value determination? An appraisal has not yet been clone, but the City may choose to do this. Relocation Does the project require relocation (moving) of occupants of a structure? ❑ Temporary n Permanent ® No relocation necessary General Information Notice Has a General Information Notice to sellers and /or tenants of Relocation or No Relocation benefits been completed? ❑ Yes; provided to occupants on MM /dd /yyyy ❑ No; will be completed on MM /dd /yyyy • Is the project currently underway? ❑ Yes; and a federally- accepted environmental review has been completed. ❑ Yes; but there has not been an environmental review. ® No; project will not begin before an environmental review is completed by Anoka County. Noise Abatement and Control Distance from nearest railroad: ® More, or ❑ Less than 3,000 feet Distance from nearest major roadway: Z More, or ❑ Less than 1,000 feet Distance from nearest municipal or military airport: Z More, or ❑ Less than 5 miles Wetland Protection Is there a wetland associated with the proposed project? ❑ Yes ®No Flood Hazard Area • Is there evidence or knowledge that a portion of the proposed project is located in a 100- or 500 - year flood plain? ❑ Yes ® No Anoka County CDBG Application 7 59 2. How were they selected? • 3. Is the consultant /firm already under contract with your organization? ❑ Yes ❑ No 4. Is this consultant /firm a women or minority owned business? ❑ Yes ❑ No If you are unable to complete this section at the time of application, all contracts must be reviewed for debarment before a CDBG release of funds. Contact Anoka County as soon as possible with the information. Describe the process for collecting beneficiary data, including who will collect it and how the data will be controlled to eliminate duplicated data. Consult the Application Guide for requirements on this section. The budget proposal is in an Excel document available on our Web site; a hard copy of the budget in that form must be submitted with this proposal. 1687 Sorel Street = $128,900 • 7089 Centerville Road = $30,000 Attach the following documents: ❑ Acknowledgement of receipt of Anoka County Section Plan 2010 (available at http: / /ww2.anokacounty.us /v3 cd /doing- business /Section3.aspx - download and read the Section 3 Plan, acknowledgement is last page of Plan) ❑ Section 3 Action Plan (available at http: / /ww2.anokacounty.us /v3 cd /doing- business/Section3Forms.aspx ) 700- .A'%t! t.. ^^mss z " 74 o rs 5 ,7 '101 AC x i) x `F°Ctq: > s. z �r � «� x.aaSr y, The following documents are reauired to be attached to the final application submission. ❑ Resolution of governing body requesting grant or board minutes approving submission of application ❑ Supporting documentation (survey results, census data, etc.) ❑ State and Federal Tax Exemption Determination letter - S01(c)(3) Nonprofit ❑ List of Board of Directors /Council or Trustees ❑ Timeline or schedule of project milestones ❑ Building/area information and photographs • ❑ Appraisals ❑ Phase Level Environmental Report Anoka County CDBG Application 9 60 Z I hereby acknowledge that by applying for CDBG funds, this activity may require compliance in the following areas: • Utilization of minority and women contractors • Labor Standards provisions (Davis -Bacon Act) • Uniform Relocation Act and Section 104(d) • Section 3 • Environmental Regulations • Flood Insurance • Lead -Based Paint Assessment and /or Remediation or Abatement • Debarred, suspended and ineligible contractors and subrecipients • Handicapped accessibility • Title VI of the Civil Rights Act of 1964 • Title VIII of the Civil Rights Act of 1969 - Fair Housing Act DUNS #: 113481704 If not disclosed on this application the DUNS number will be required upon the finalization of the Subrecipient Agreement. I certify that the information contained in this application is true and correct and that it contains no misrepresentations, falsifications, intentional omissions, or concealment of material facts and that the information given is true and complete to the best of my knowledge and belief. I further certify that no contracts have been awarded, funds committed or construction begun on the proposed program, and that none will be prior to issuance of a Release of Funds by the program Administrator. Signature of Authorized Official Name of Authorized Official Mike Jeziorski Title Finance Director Anoka County CDBG Application 11 61 1 agc 1 VI 1 Michael Jeziorskl From: Covalschi, Cristina (MDH) [ cristina.covalschi@state.mn.us] • Sent: Thursday, October 13, 2011 9:42 AM To: Michael Jeziorski Subject: City of Centerville Grant Agreement Attachments: Centerville.pdf Mr. Jeziorski: We are pleased to inform you that City of Centerville has been awarded a Source Water Protection Plan Implementation Grant. Using a predetermined scoring method that was included in the public notice of grant availability, three members of the Source Water Protection Unit staff in the St. Paul central office reviewed and scored each application. A minimum of 5 points was used to qualify an application and the date and time of submittal was used to place it on a list for funding as money becomes available. Grant funds must be spent by June 30, 2013 Attached is a copy of your Grant Agreement. Please do the following: I. Verify that Section I, GRANTEE'S DUTIES, accurately reflects your application work plan; II. Verify that Section II, CONSIDERATION AND TERMS OF PAYMENT, accurately reflects your application; III. Verify that the correct individual is identified as the GRANTEE'S Authorized Representative (Section VI); IV. Print 3 copies and obtain the appropriate signatures on all three copies of the grant agreement; and V. Mail asap all three copies to me, to: MN Department of Health • Source Water Protection Attn: Cristina Covalschi PO Box 64975 St. Paul, MN 55164 -0975 Once the Minnesota Department of Health (MDH) receives your signed agreements, they will be routed for MDH signature. A fully executed agreement will be returned to you when all required signatures have been obtained. Please note that NO work should begin until ALL required signatures have been obtained on the grant agreement, and you receive a signed copy of the grant agreement. If you have any questions or concerns, please call me at 651 -201 -4696. Cristina Cristina Covalschi SWP Grants Coordinator Drinking Water Protection Section Minnesota Department of Health 651 -201 -4696 Cristina. Covalschi(i4state.mn. us This email has been scanned by the MessageLabs Email Security System. • For more information please visit http : / /www.messagelabs.com /email 10/17/2011 62 Gant Agreement Number Between the Minnesota Department of Health and City of Centerville Minnesota Department of Health Grant Agreement THIS GRANT AGREEMENT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Commissioner of Minnesota Department of Health (hereinafter "STATE ") and City of Centerville, an independent organization, not an employee of the State of Minnesota, address 1880 Main Street, Centerville, MN 55038 (hereinafter "GRANTEE "), witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute §114D.50 Clean Water Fund is empowered to assist public water suppliers to implement their source water protection plans. WHEREAS, the commissioner of health is authorized to enter into contractual agreements with any public or private entity for the provision of statutorily prescribed public health services by the department. (Minn. Stat § 144.0742) WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein. NOW, THEREFORE, it is agreed: I. GRANTEE'S DUTIES: A. GRANTEE, who is not a state employee, shall complete the following work: • Send private well sealing information to 34 property owners located in the DWSMA and financially assist those who qualify to have their abandoned or private wells sealed. • Perform all the work items listed and approved in Grant Application which is incorporated by reference B. On or before the end date of this Agreement, the GRANTEE shall provide the STATE with one electronic copy of all final products produced under this AGREEMENT, including reports, publications, software and videos. Any GRANTEE activity that involves data collection must be submitted to MDH upon completion of the project and in the format agreed by the STATE. C. The GRANTEE will submit an itemized invoice for the total cost of the project D. The GRANTEE shall submit a Final Report upon submittal of the Final Invoice. The Final Report shall be due no later than the expiration day of the AGREEMENT. The Final Report shall describe activities undertaken and accomplishments of each task, and any problems encountered in the performance of the work under this AGREEMENT, including the costs associated with completion of the tasks. E. Data collected during the project shall be reported in a format acceptable to the STATE. F. In the event the GRANTEE is unable to begin grant activities or to satisfactorily perform the duties specified in this grant agreement, the GRANTEE shall remit to the STATE within five days of demand the amount paid under this section minus any actual expenses incurred and otherwise authorized which are documented by adequate invoices acceptable to the STATE. 2 63 Gant Agreement Number Between the Minnesota Department of Health and City of Centerville II.CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed by GRANTEE pursuant to this grant agreement shall be paid by the STATE as follows: 1. Compensation: The GRANTEE will be paid according to the following breakdown of costs: Send private well sealing information to 34 property owners located in the DWSMA $10,000 and fmancially assist those who qualify to have their abandoned or private wells sealed. TOTAL $10,000 2. The total obligation of the STATE for all compensation and reimbursement to GRANTEE under this AGREEMENT shall not exceed $10,000 (ten thousand dollars). 13. Terms of Payment 1. The STATE shall promptly pay the GRANTEE, after the GRANTEE presents an itemized invoice for work actually performed, the State's Authorized Representative accepts the invoiced work and the STATE is satisfied that the work has been completed according to the terms of this AGREEMENT. The STATE can withhold payment for work that is unsatisfactory or illegal. 2. Invoices must be submitted using the form attached as Exhibit A, which is attached and incorporated into this agreement and submitted to: Attn: Cristina Covalschi Source Water Protection Minnesota Department of Health PO Box 64975 St. Paul, MN 55164 -0975 3. If the Final Report is not received by the STATE before the end date of this AGREEMENT, the GRANTEE may forfeit the Final Payment. 4. If necessitated by the nature of the project, a grantee is allowed to reallocate up to 10% of the amount originally awarded for a given expense category to another approved category without obtaining permission from the MDH. Should the grantee find it necessary to re- budget the grant beyond the 10% reallocation allowance, a written or e-mail request must be submitted to the MDH for approval. III.CONDITIONS OF PAYMENT All services provided by GRANTEE pursuant to this grant agreement shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its Authorized Representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. IV.TERMS OF AGREEMENT This grant agreement shall be effective on December I, 2011, or upon the date that the final required signature is obtained by the STATE, pursuant to Minnesota Statute § 16C.05, Subdivision 2, whichever occurs later, and 3 64 Grant Agreement Number Between the Minnesota nepariment of Health and City of Centerville shall remain in effect until June 30, 2013, or until all obligations set forth in this grant agreement have been satisfactorily fulfilled, whichever occurs first. GRANTEE understands that NO work should begin under this grant agreement until ALL required signatures have been obtained, and GRANTEE is notified to begin work by the STATE'S Authorized Representative. If the GRANTEE does not commence the Project within six months of the Execution Date of this Agreement, the STATE reserves the right to cancel this agreement and reallocate the funds. V.CANCELLATION A. If the GRANTEE fails to comply with the provisions of this grant agreement, the STATE may terminate this grant agreement without prejudice to the right of the STATE to recover any money previously paid. The termination shall be effective five business days after the STATE mails, by certified mail, return receipt requested, written notice of termination to the GRANTEE at its last known address. B. The STATE or GRANTEE may cancel this grant agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. VI. STATE'S AND GRANTEE'S AUTHORIZED REPRESENTATIVE The STATE'S Authorized Representative for the purposes of administration of this grant agreement is Randy Ellingboe, Manager, Section of Drinking Water Protection Section, or his successor. Such representative shall have final authority for acceptance of GRANTEE'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. The GRANTEE'S Authorized Representative for purposes of administration of this grant agreement is Mike Jeziorski, Finance Director. The GRANTEE'S Authorized Representative shall have full authority to represent GRANTEE in its fulfillment of the terms, conditions and requirements of this grant agreement. VILASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grant agreement without the prior written consent of the STATE. VIII.AMENDMENTS Any amendments to this grant agreement shall be in writing, and will not be effective until it has been fully executed by the same parties who executed the original grant agreement, or their successors in office. IX.LIABILITY GRANTEE shall indemnify, save, and hold the STATE, its representatives and employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this grant agreement by GRANTEE or GRANTEE'S agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfill its obligations pursuant to this grant agreement. Nothing herein shall be construed as a waiver by GRANTEE of any of the immunities or limitations of liability to which GRANTEE may be entitled to pursuant to Minnesota Statute Chapter 466 or pursuant to any other statute or law. X.STATE AUDITS The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this grant agreement shall be made available and subject to examination by the STATE, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum period of six (6) years from the end of this grant term. 4 65 Grant Agreement Number Between the Minnesota Department of Health and City of Centerville XLDATA PRACTICES ACT The GRANTEE and the STATE shall comply with the Minnesota Data Practices Act and other applicable law as it applies to all data provided by the STATE in accordance with this grant agreement and as it applies to all data created, gathered, generated or acquired in accordance with this grant agreement. XILOWNERSHIP OF EOUIPMENT The STATE shall have the right to require transfer of all equipment purchased with grant funds (including title) to the STATE or to an eligible non -STATE party named by the STATE. This right will normally be exercised by the STATE only if the project or program for which the equipment was acquired is transferred from one grantee to another. XIII.OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS A. The STATE shall own all rights, title and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ( "MATERIALS "). The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this grant agreement by the GRANTEE, its employees or subgrantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the MATERIALS, whether in paper, electronic, or other form, shall be remitted to the STATE by the GRANTEE. Its employees and any sub - grantees shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE'S obligations under this grant agreement without the prior written consent of the STATE'S Authorized Representative. B. GRANTEE represents and warrants that MATERIALS produced or used under this grant agreement do not and will not infringe upon any intellectual property rights of another including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE'S expense, from any action or claim brought against the STATE to the extent that it is based on a claim that all or parts of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attomey fees arising out of this grant agreement, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shall at the STATE'S discretion either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive of other remedies provided by law. XW.PUBLICITY Any publicity given to the program, publications, or services provided resulting from this grant agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually or jointly with others, o any subgrantees shall identify the STATE as the sponsoring agency and shall not be released without prior 5 66 Grant Agreement Number Between the Minnesota Department of Health and City of Centerville written approval by the STATE'S Authorized Representative, unless such release is a specific part of an approved work plan included in this grant agreement. XV.ENDORSEMENT The Grantee must not claim that the STATE endorses its products or services. XVI.WORKERS' COMPENSATION The GRANTEE certifies that it is in compliance with Minnesota Statute §176.181, Subdivision 2, pertaining to workers' compensation insurance coverage. The GRANTEE'S employees and agents will not be considered STATE employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the STATE'S obligation or responsibility. XVII.JURISDICTION AND VENUE This grant agreement, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. IN WITNESS WHEREOF, the parties have caused this grant agreement to be duly executed intending to be bound thereby. APPROVED: 1. GRANTEE 2. STATE AGENCY The Grantee certifies that the appropriatepersons (s) have executed the Grant Agree me nt approval and certification that STATEfunds have been grant agreement on behalf of the Grantee as required by applicable encumbered as required by Minn. Stat. § §16,4.15 and 16C.05. articles, bylaws, resolutions, or ordinances. By: By: (with delegated authority) Title: Title: Date: Date: By: Title: Date: Distribution: Agency — Original (fully executed) Grant Agreement Grantee State Authorized Representative 6 67 Gran Agreement Number Between the Minnesota Department of Health and City of Centerville CHID Division of Environmental Health Exhibit A M I) H Section of Drinking Water Protection P.O. Box 64975 St. Paul, Minnesota 55164-0975 17171 i11i'irT1:If1iiJ 651/201-4700 Source Water Protection Plan Implementation Grants Invoice Grantee Information PWSID: System Name: Address: Contact Person Name: Phone: Fax: E -mail: Invoice Information Is this the final invoice? ❑ Yes ❑ No Work Items and Expenditure Description — use an additional page if necessary Total Expenditures $ Deduct amount of advance received $ Net Invoice Amount to be Paid $ The Grantee certifies this invoice to be true and correct. Authorized Grantee Signature Date For Minnesota Department of Health Use Only: Grant Manager's Signature Date Invoice Field PO: Approved by: Period of Service: Date sent to F.S: 7 68 f11 / L .lIOJ'7 Environmental Health Division 1 1)H St . u 697 Minnesota 1 55164-0975 1711 li n - I rTr�rirlJ Source Water Protection Plan Implementation Grant Application August 2011 Due September 13 Notice: This application must be completed in order to score your grant request. Public Water Supply System (name of primary applicant): City of Centerville PWSID: 10200036 Note: List all of the public water supply systems involved if more than one is applying: City of Centerville Name of the Grant Contact: Mike Jeziorski Phone No. 651- 429 -3232 E -mail address: mjeziorski @centervillemn.com Mailing Address 1880 Main St Centerville, MN 55038 Federal Tax ID #:...41- 1267014 Person Authorized to Sign Grant Agreement on Behalf of the Public Water Supply System: Name: Mike Jeziorski Title: Finance Director Total Grant Amount Being Requested ($10,000 maximum): $ 10,000 Work Item (s) to be performed under this grant For each work item to be funded under the grant, please provide the following information (use an additional page if necessary). 1. Work Item — describe the work that will be performed: Private Well Sealing Information — The city will send a letter to 34 property owners located in the DWSMA that summarizes their responsibility in having wells sealed. The information will include reasons for sealing private wells along with the financial assistance available in doing so. Estimated cost of $1,000. 1 a. Amount Requested for performing this work: $ 0 1b. Product(s) produced or anticipated outcomes of performing this work item: Determine the level of private wells that are hooked onto City water and that need to be sealed. lc. Please reference the MEASURE / OBJECTIVE number and attach the uage(sl in the source water protection plan that contains the source water protection measure / objective that will be supported by this work item: Part 2 , Chapter 5, Item I and II 69 2. Work Item — describe the work that will be performed: The City will financially assist those that qualify to have their abandoned or private well sealed. 2a. Amount Requested for performing this work: $ ...10,000 2b. Product(s) produced or anticipated outcomes of performing this work item: Would decrease the amount of abandoned wells that are not sealed therefore reducing the potential for pollution of groundwater 2c. Please reference the MEASURE / OBJECTIVE number and attach the nage(s) in the source water protection plan that contains the source water protection measure / objective that will be supported by this work item: Part 2 , Chapter 5, Item I and II Detailed Budget and Schedule: Please describe all sub - activities that are included in the project with the corresponding costs and estimated date of completion; use an additional page if necessary (Example: if the activity is public education you will need to detail how many training sessions, how much will be spent for supplies, how many participants, or brochures, what is the consultant fee, etc.) Sub- activity Amount requested Estimated start date Mailing $0 9/12/11 Sealing of Private Wells $10,000.00 N/A Total (amount being requested) $10,000.00 Certification: I certify that the information herein is true and accurate to the best of my knowledge and 1 submit this application on behalf of the applicant public water supply system. Signature: —' ^^ Title: Finance Directo Date: 9/13/11 Note: If you are awarded a grant, NO work should begin until all required signatures have been obtained on the grant agreement, and grantee receives a signed copy of the grant agreement 70 • • Part 2- Chapter s Plan of Action L PUBLIC EDUCATION PROGRAM An education program is critical to protect the City's water supply and gain the cooperation of property owners and businesses within the DWSMAs. A packet will be developed to present the various education materials to the property owners and others within the DWSMAs. Additional packets will be provided to new property owners and facility operators. A Wellhead Protection Awareness Project Objective: The cooperation of property owners, facility operators and others is critical for the City to achieve our wellhead protection goals. The Wellhead Protection Awareness Program is Intended to gain the cooperation of residents and business operators in the City's wellhead protection efforts. • Actions: (1) The Wellhead Protection Plan Manager will notify property owners that they are located within the City's DWSMA The notification will include a wellhead protection education packet providing information on the City's wellhead protection program. (2) The Wellhead Protection Plan Manager will installed signs in the right of way Indicating the boundaries of the DWSMAs. (3) The Wellhead Protection Plan Manager will Include wellhead protactiion Information In • their annual water quality report of their water supply system. (4) The Wellhead Protection Plan Manager will prepare a press release and lssue a • briefing report for newspaper and other media outlets • on timely issues that Coincides. .- • • with an Initiative such as an abandoned well Inforriatton:meeting or the installation of DWSMA zone signs. i I • (5) The Wellhead Protection Plan Manager will make DWSMA maps available to consultants, septic system evaluators, and other interested persons that perform environmental evaluations. Cooperator(s): [City] Anoka County Municipal Wellhead Planning Group, Anoka County Environmental Services • Time Frame: 2 1/2 years from the completion of the pien. Estimated Cost ($ 1.50 per parcel within DWSMA) • Goal Achieved: (1) Preparation and delivery of a wellhead protection information packet. (2) Installation of ROW signs indicating the boundary of DWSMAs. (3) Annual Water Quality Report that Includes WHP update. • B. Hazardous Materials Management Education Objective: Educate residents and businesses regarding proper handling, use, storage, and disposal of hazardous materials within the DWSMAs through augmentation of existing environmental education programs. This initiative will not address businesses that are currently licensed hazardous waste generators which are required to meet State management standards. 71 Part 2 - Chapter 5 Wellhead Protection - Centerville Page 2 of 8 Actions: (1) The Wellhead Protection Plan Manager will include proper management of hazardous materials and waste information into the Wellhead Protection Awareness education packet. The packet will include contact numbers to obtain consultative sentices from City, County and State program staff (i.e. utilities, hazardous waste management, and petroleum tanks programs). (2) The Wellhead Protection Plan Manager will utlire.newsietters, cable access, news • releases and other forums to promote the proper management of hazardous materials including use of the Anoka County Household Hazardous Waste drop -off facility. Cooperator(s): Anoka County Integrated Waste Management Unit Time Frame: 2 1/2 years from the completion of the plan. Esthnated Cost: ($0.50 per parcel within DWSMA) • Goal Achieved: (1) Preparation and delivery of a Hazardous Materials Management information packet. (2) A 5% increase in the number of households tat utilizes the Anoka County Household Hazardous Waste drop -off facility. • • 'II. • OTNERWELLS MANAGEMENT • The presence of other wells within the City's DWSMAs pre sents the potential for • • contamination sources, at or near land surface, to be rapidly introduced into the aquifer used by the City's wells. Eventually, all welts become unused or unusable. State law • . : ° requires unused wells to be propedysealed. However, the location andstatus of wells has •. not beenadegdately monitored. - - A. Seal Wells • • • Gbjective: Enhance the protection of the City's wells by Cooperating with the MDH Well Management Program to seal all abandoned wells within the DWSMAs. • Actions: (1) The Wellhead Protection Plan Manager will investigate potential sources of financial • assistance and the establishment of a program to assist property owners in sealing their abandoned wells. The investigation will include Federal and State grant programs and a City low- interest loan program. (2) The Wellhead Protection Plan Manager will notify property owners with the probability of a well located on their property. The notification will Include contact numbers for • property owners to obtain consultative services regarding methods to locate and seal abandoned wells and an announcement of a public informational meeting. (3) The Wellhead Protection Plan Manager will sponsor a public meeting in which MDH Well Management staff will provide an informational program and answer questions. (4) The Wellhead Protection Plan Manager will request that the MDH provide a copy of well sealing reports. The location of the sealed wells will be verified and placed in the building officals parcel files. (5) The Bulding Official will incorporate the list of probable wells Into the Citys Building records. When application Is made to demolish a building the records will be reviewed to determine If a well search Is required. 72 January X, 2011 (name) or Current Property Owner (address line 1) (address line 2) (address line 3) Dear Property Owner: The City of Centerville is currently in the process of implementing its Wellhead Protection Plan. If you are not already aware, the Wellhead Protection Plan is a means by which Centerville is acting to protect local drinking water wells (and the aquifers that serve those wells) from becoming contaminated. All municipal public water suppliers in the State of Minnesota are required to develop wellhead protection plans for their communities. As part of the Centerville planning effort, we are attempting to Inventory the number and location of all privately -owned wells within the management area. There are two reasons why Centerville wishes to create this inventory of wells: 1. Any unused or abandoned wells may act as a conduit for contamination to infiltrate into the aquifer(s). If the contamination reaches the aquifer(s), other wells in the area may be at risk for becoming contaminated. 2. If contamination Is discovered within the aquifer(s), regardless of the source, It may be possible to determine which nearby wells are in the greatest danger of becoming contaminated. By having your well in the inventory, Centerville will be able to more effectively warn you of any risks to your well. We can provide you with information about recommended water quality testing, should a possible threat be identified. Currently, the Minnesota Department of Health requires that owners of properties containing unused wells should either seal those wells using a licensed well contractor or they should apply for a permit to keep the well open. If you have an unused well that is not sealed, it Is to your advantage to let the City of Centerville know about it. Because Centerville has completed their Wellhead Protection Plan, they are in a position to help property owners obtain money from state grants and cost- sharing programs to seal those wells, should the property owner wish to seal the well. We ask that you take a few minutes to fill out the attached survey form on the back of this sheet and retum it to us. By doing so, you will be making sure that your well Is included within the Centerville wellhead protection inventory. Having your well In the Inventory will not only help safeguard your own water supply, but will help Centerville maintain dean drinking water for the your neighbors as well. Sincerely, Paul Palzer Public Works Director City of Centerville 73 CITY OF CENTERVILLE WELLHEAD PROTECTION PLAN PRIVATE WELL SURVEY Property owners: Please Complete this survey and return It to the address provided below. Completing this survey will help ensure that your well Is among those Considered for the wellhead protection program, helping the City of Centerville to safeguard the aquifers) that supply local wells. Current Property Owner's Name and Address: Contact phone or e-mail for Property Owner: Please answer the following questions to the best of your ability: 1. Does your property contain any wells that are currently in active use? _ Yes No If you answered "Yes" to Question 1, how many wells are in use on your property and what is their primary purpose? (drinking water, irrigation, monitoring, other) 2. Does your property contain any wells that are no longer in use, but haven't been sealed? Yes _ No If you answered "Yes" to Question 2, how many wells are not currently in use on your property? Also, do you have any interest in obtaining grant money to seal your wells that are no longer in use? 3. Are you interested in having your well seated If there were finandal assistance in doing so? Yes No Please return the completed survey to: Mike Jeziorski City of Centerville 1880 Main Street Centerville, MN 55038 THANK YOU for your assistance! 74 INVOICE INVOICE NO. 11399R ' At BER a SON - CASWELL, INC. DRILLING AND PUMPS tiil _ I , 115 Industrial Street f ` i aple Plain, MN 55359 c ,r 1 PH: 763-479-3121 FX: 763-479-2183 • BILL City of Centerville JOB City of Centerville TO 1880 Main Street 1880 Main Street Centerville, MN 55038 Centerville, MN 55038 CUSTOMER IPURCHASE ORDER NO.j 1 j BILLTHRU I TERMS (INVOICE DATE) PAGE CENTERVI Net 15 9/30/11 1 ATEMNO. I - QUANTITY j • ,. ,DESCRIPTION UNIT PRICE I EXTENDED PRICE Job #10 -T -28499 RE: Contract B - Centerville Wet Well Pay Request for retention on the Centerville Wet Well Project. 1 Retainage from Invoice 11399 1499.38 1,499.38• 1 Retainage from Invoice 12228A 1543.38 1,543.38` Q co ass �.,, A\._� i o J, 1,1 .1 s , :. oc1 1 kl rely ! ; - ; 1 � A k\ We- 1 `. • {,k \-.. .rs U5 Sa cps O * means item is non - taxable SALE AMOUNT 3,042.76 THANK YOU FOR YOUR BUSINESS! . AST DUE ACCOUNTS SUBJECT TO 1.5% FINANCE :HARGES PER MONTH PLUS ALL COLLECTION COSTS. ht, 'it)Tlb $3,042.76 1 payments paid by paper check will be converted to Images and the transaction will be completed as an ACH Transaction, when LLB. iplicable. Unless Customer notifies Bergerson Caswell not to process Customer's Checks usir- the Image and ACH Services, ose items will be converted to Images and processed using the ACH Services 75 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE # - SECOND SERIES AN ORDINANCE AMENDING CITY CODE MODIFYING RULES AND REGULATIONS RELATING TO WATER SERVICE THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: Section 1. The City Code Section 51.09 is hereby amended to read as follows: § 51.09 RULES AND REGULATIONS RELATING TO WATER SERVICE. (A) Deficiency of water and shutting off water. The city is not liable for any deficiency or failure in the supply of water to customers whether occasioned by shutting the water off for the purpose of making repairs or connections or by any other cause whatsoever. In case of fire, or alarm of fire, water may be shut off to insure a supply for firefighting. In making repairs or construction of new works, water may be shut off at any time and kept off so long as maybe necessary. (B) Repair of leaks. It is the responsibility of the consumer or owner to maintain the service pipe from and including the curb shut -off into the house or other building. In case of failure upon the part of any consumer or owner to repair any leak occurring in his or her service pipe within 24 hours after oral or written notice has been given the owner or occupant of the premises, the water may be shut off and will not be turned on until a reconnection charge has been paid and the water service has been repaired. When the waste of water is great or when damage is likely to result from the leak, the water will be turned off if the repair is not proceeded with immediately. (1) The city shall be responsible to repair the curb shut -off where the service equals one -inch or less, except where the curb shut -off is not located in the public right -of -way, or where damage to the curb shut -off results from the direct actions of the property owner or his agent. If the curb shutoff is located in the driveway and it becomes necessary to excavate for repairs, the city shall repair the portion of the driveway that is excavated. The city shall not be responsible for cosmetic imperfections, scratches or the failure of the patch to match surrounding pavements. Staff is authorized to replace the damaged panel(s) to the nearest joint. (2) Curb shut -off valves installed after September 1, 2011, shall not be located in a driveway except where the property owner executes an agreement accepting responsibility for all the costs of repair and replacement of the curb shut -off valve and all parts of the service line that are located under the driveway. P76 (C) Abandoned services penalties. All service installations connected to the water system that have been abandoned or, for any reason, have become useless for further service shall be disconnected at the main. The owner of the premises, served by this service, shall pay the cost of the excavation, The city shall perform the actual disconnection and all pipe and appurtenances removed from the street right -of -way shall become the property of the city. When it is desired to increase the capacity of existing water service, a new permit shall be taken out and the regular tapping charge shall be made as if the improvements were a new service. It is unlawful for any person to cause or allow any service pipe to be hammered or squeezed together at the ends to stop the flow of water, or to save expense in improperly removing the pipe from the main. Also, the improper disposition thereof shall be corrected by the city and the cost incurred shall be borne by the person causing or allowing the work to be performed. (D) Service pipes. Every service pipe must be laid a minimum of seven feet deep and in such manner as to prevent rupture by settlement. The service pipe shall be placed below the surface and in all cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the main and the building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing. Joints on copper tubing shall be flared and kept to a minimum. Not more than one joint shall be used for a service up to 70 feet in length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be one inch in diameter. Service line installations shall conform to the Minnesota Plumbing Code. Section 2: Effective Date: This ordinance shall be effective immediately upon its passage and publication of the attached summary according to law. SECTION 3. Summary for Publication. The attached "Exhibit A" entitled Summary of Ordinance Second Series, is hereby adopted and is hereby ordered to be published in the official paper. PASSED AND DULY ADOPTED this day of , 2011 by the City Council of the City of Centerville. Tom Wilharber, Mayor ATTEST: Teresa Bender, City Clerk P77 Exhibit A Summary of Ordinance Second Series Notice is hereby given, that on , 2011, Ordinance Number _, Second Series, entitled "AN ORDINANCE AMENDING CITY CODE MODIFYING RULES AND REGULATIONS RELATING TO WATER SERVICE, was adopted by the City Council of Centerville, Minnesota. Notice is further given that due to the lengthy nature of the ordinance, the City Council has directed that this title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd. 4. Notice is further given that a complete printed copy of the ordinance is available for inspection by any person during normal business hours of the City Clerk, 1880 Main St., Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429- 3232. Notice is further given that the general purpose of the ordinance is to amend the code to include a provision that the city shall be responsible for the repair of the curb shut -off on single family dwellings. Section 1. This section contains the text of a new Section 51.09, providing rules and regulations relating to water service. Section 2. This section provides that the effective date shall be upon publication of this summary. Notice is further given that the Council has by a 4/5 vote approved this public notice on the _ day of , 2011. Teresa Bender, City Clerk Published in the Citizen on , 2011. P78