03-11-13 CC Reg Mtg AgendaP
CITY OF
SHOREWOOD
5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900
Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us
Executive Summary
Shorewood City Council Regular Meeting
Monday, 11 March, 2013
7:00 p.m.
Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #5: There are no public hearings this evening.
Agenda Item #6A: Three Rivers Park District 4 Representative John Gunyou will provide a
report on activities.
Agenda Item #6B: Lake Minnetonka Association Executive Director Dick Osgood and Bay
Captain Judd Brackett will report on the Milfoil Project for the five bays and to make a
funding request for 2013.
Agenda Item #7A: Director Nielsen will report on the February 26 Joint Cities Park Summit.
Agenda Item #7B: The Park Commission has recommended that the garden plots at South
Shore Skate Park be enlarged for 2013. With that they recommend increasing the budget
for fencing from $5000 to $6500.
Agenda Item #8A: Report on the March 5, 2013 Planning Commission meeting by
Commissioner Davis.
Agenda Item #8B: Property owners have been inquiring as to what the City’s tree replacement
policy will be for the Smithtown Road (West) Trail/Sidewalk project. Staff has suggested
a couple of options for the Council to consider.
Agenda Item #9: There are no items for Engineering/Public Works.
Agenda Item #10A: This item authorizes staff to contract with HeatSeeker Technology
Partner’s, Inc. for managed IT, computer support, and telephony services.
Agenda Item #10B: With respect to managing an AIS Inspection Program for Christmas Lake
in 2013, it appears the City will be on its own to contract with Volt, Inc. to provide
inspectors. The Christmas Lake Association has apparently agreed to again cover the
costs of inspections after grant proceeds have been expended.
Executive Summary – City Council Meeting of March 11, 2013
Page 2 of 2
Agenda Item #11A: Council discussion on how to proceed with liaison appointments to the
Minnehaha Creek Watershed District and the Riley Purgatory Bluff Creek Watershed
District.
Agenda Item #12: Additional Staff and Council reports will be provided.
COUNCIL ACTION FORM
Department Council Meeting Item Number
Finance March 11, 2013 3A
Item Description: Verified Claims
From: Michelle Nguyen
Bruce DeJong
Background / Previous Action
Claims for council authorization. The attached claims list includes checks numbered 54082 through
54127 & EDA check numbered 1223 totaling $316,797.51.
Staff Recommendation
Staff recommends approval of the claims list.
3/07/2013 10:59 AM A/P HISTORY CHECK REPORT PAGE: 2
VENDOR SET: 01 City of Shorewood
BANK: 1 BEACON BANK
DATE RANGE: 2/26/2013 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
00051 EFTPS - FEDERAL W/H D 2/26/2013 000000 13,096.70
00092 MN DEPT OF REVENUE D 2/26/2013 000000 2,218.02
20005 WELLS FARGO HEALTH BENEFIT SVC D 2/26/2013 000000 1,363.05
25848 U.S. BANK - CORPORATE TRUST - R 3/11/2013 001223 5,250.00
00053 ICMA RETIREMENT TRUST-302131-4 R 2/26/2013 054084 1,291.60
00052 PERA R 2/26/2013 054085 6,990.05
00550 A-1 MINNETONKA RENTAL R 3/11/2013 054087 57.07
29306 ALLIED WASTE SERVICES #894 R 3/11/2013 054088 13,741.20
16275 AMERICAN MESSAGING R 3/11/2013 054089 38.35
29379 ANDERBERG, WAYNE R 3/11/2013 054090 165.00
17300 CENTERPOINT ENERGY R 3/11/2013 054091 2,242.93
26100 CENTURY LINK R 3/11/2013 054092 327.45
29373 COMPLETE BEVERAGE SERVICE R 3/11/2013 054093 390.00
29415 CUB FOODS MINNETONKA R 3/11/2013 054094 177.49
29271 DREW KRIESEL R 3/11/2013 054095 547.00
07377 ELECTRIC PUMP R 3/11/2013 054096 41,916.38
12125 FEDEX KINKO'S R 3/11/2013 054097 4.82
08712 G & K SERVICES R 3/11/2013 054098 1,200.55
10450 HELGESEN, PATRICIA R 3/11/2013 054099 156.15
10680 HENN CTY-P.W. GEN. HAZARDOUS W R 3/11/2013 054100 210.00
11091 INTELLIGENT PRODUCTS INC R 3/11/2013 054101 758.52
29485 KDV, LTD R 3/11/2013 054102 985.50
3/07/2013 10:59 AM A/P HISTORY CHECK REPORT PAGE: 3
VENDOR SET: 01 City of Shorewood
BANK: 1 BEACON BANK
DATE RANGE: 2/26/2013 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
12425 KREMER SERVICES, LLC R 3/11/2013 054103 504.25
13320 LEE PEST CONTROL, INC. R 3/11/2013 054104 81.00
15300 METRO SALES, INC. R 3/11/2013 054105 9,900.71
29459 MIDWEST GOVERNMENT ADVISORS R 3/11/2013 054106 6,570.00
15875 MIDWEST OVERHEAD CRANE CORP. R 3/11/2013 054107 476.32
15900 OFFICE DEPOT R 3/11/2013 054108 169.80
29332 ON SITE SANITATION INC R 3/11/2013 054109 556.85
15000 PAETEC R 3/11/2013 054110 535.29
22950 SHOREWOOD TRUE VALUE R 3/11/2013 054111 506.42
29427 SHRED-N-GO, INC. R 3/11/2013 054115 34.00
23500 SO LK MTKA POLICE DEPT R 3/11/2013 054116 84,419.00
23660 STRATEGIC INSIGHTS CO R 3/11/2013 054117 721.41
29101 SUN NEWSPAPERS R 3/11/2013 054118 628.88
17200 SUN PATRIOT NEWSPAPERS R 3/11/2013 054119 27.56
23738 T-MOBILE R 3/11/2013 054120 72.31
25000 TOTAL PRINTING SERVICES R 3/11/2013 054121 1,398.88
25848 U.S. BANK - CORPORATE TRUST - R 3/11/2013 054122 318.38
70200 VERIZON WIRELESS R 3/11/2013 054123 375.10
29413 VOYAGER FLEET SYSTEMS, INC. R 3/11/2013 054124 7,647.95
83900 WASTE MANAGEMENT OF WI-MN R 3/11/2013 054125 600.53
19800 XCEL ENERGY R 3/11/2013 054126 11,715.43
05305 COMMUNITY REC RESOURCES E 3/11/2013 999999 1,070.24
3/07/2013 10:59 AM A/P HISTORY CHECK REPORT PAGE: 4
VENDOR SET: 01 City of Shorewood
BANK: 1 BEACON BANK
DATE RANGE: 2/26/2013 THRU 99/99/9999
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
06572 DELTA DENTAL OF MINNESOTA D 3/01/2013 999999 472.34
07900 HAWKINS, INC. E 3/11/2013 999999 185.76
09400 GOPHER STATE ONE CALL E 3/11/2013 999999 59.65
13525 LINK, CLARE T. E 3/11/2013 999999 187.00
15885 MIDWEST MAILING SYSTEMS, INC. E 3/11/2013 999999 453.39
19445 NGUYEN, MICHELLE E 3/11/2013 999999 76.59
20950 KENNETH N. POTTS, P.A. E 3/11/2013 999999 2,500.00
28451 WSB AND ASSOCIATES, INC. E 3/11/2013 999999 35,011.18
28900 ZEE MEDICAL SERVICE E 3/11/2013 999999 148.07
29363 DeJONG, BRUCE E 3/11/2013 999999 814.30
29417 WENCK ASSOCIATES, INC. E 3/11/2013 999999 932.14
* * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
REGULAR CHECKS: 40 203,710.13 0.00 203,710.13
HAND CHECKS: 0 0.00 0.00 0.00
DRAFTS: 4 17,150.11 0.00 17,150.11
EFT: 11 41,438.32 0.00 41,438.32
NON CHECKS: 0 0.00 0.00 0.00
VOID CHECKS: 0 VOID DEBITS 0.00
VOID CREDITS 0.00 0.00 0.00
TOTAL ERRORS: 0
VENDOR SET: 01 BANK: 1 TOTALS: 55 262,298.56 0.00 262,298.56
BANK: 1 TOTALS: 55 262,298.56 0.00 262,298.56
REPORT TOTALS: 60 262,298.56 0.00 262,298.56
03-07-2013 10:55 AM C O U N C I L REPORT BY VENDOR- MARCH 11, 2013 PAGE: 1
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
A-1 MINNETONKA RENTAL 3/11/13 FLOOR SCRUBBER General Fund City Engineer 57.07_
TOTAL: 57.07
ALLIED WASTE SERVICES #894 3/11/13 MONTHLY RECYCLING SVCS Recycling Utility Recycling 13,741.20_
TOTAL: 13,741.20
AMERICAN MESSAGING 3/11/13 612-534-3975 & 612-818-591 General Fund Public Works 19.17
3/11/13 612-534-3975 & 612-818-591 Water Utility Water 9.59
3/11/13 612-534-3975 & 612-818-591 Sanitary Sewer Uti Sewer 9.59_
TOTAL: 38.35
ANDERBERG, WAYNE 3/11/13 JAN-MAR SNOW SHOVEL SSCC Southshore Communi Senior Community Cente 165.00_
TOTAL: 165.00
CENTERPOINT ENERGY 3/11/13 5755 CTRY CLUB RD General Fund Municipal Buildings 288.67
3/11/13 24200 SMITHTOWN RD General Fund Public Works 971.65
3/11/13 5745 CTRY CLB RD & 25200 H General Fund Park Maintenance 344.98
3/11/13 20630 MANOR RD-WARMING HOU General Fund Park Maintenance 75.42
3/11/13 5735 COUNTRY CLUB RD - SSC Southshore Communi Senior Community Cente 221.49
3/11/13 20405 KNIGHTSBRIDGE RD Water Utility Water 121.00
3/11/13 28125 BOULDER BRIDGE DR Water Utility Water 219.72_
TOTAL: 2,242.93
CENTURY LINK 3/11/13 952-470-6340 General Fund Municipal Buildings 121.40
3/11/13 952-470-2294 General Fund Public Works 57.67
3/11/13 952-470-9605 Water Utility Water 74.19
3/11/13 952-470-9606 Water Utility Water 74.19_
TOTAL: 327.45
COMMUNITY REC RESOURCES 3/11/13 COSTCO Southshore Communi Senior Community Cente 148.46
3/11/13 DOLLAR TREE Southshore Communi Senior Community Cente 5.36
3/11/13 CUB FOODS Southshore Communi Senior Community Cente 23.04
3/11/13 BUDGET Southshore Communi Senior Community Cente 12.87
3/11/13 FEB COMMISSION Southshore Communi Senior Community Cente 880.51_
TOTAL: 1,070.24
COMPLETE BEVERAGE SERVICE 3/11/13 2012 APPRECIATION EVENT BE General Fund Council 390.00_
TOTAL: 390.00
CUB FOODS MINNETONKA 3/11/13 SIZZLE'S EVENT EXP Southshore Communi Senior Community Cente 177.49_
TOTAL: 177.49
DELTA DENTAL OF MINNESOTA 3/01/13 MONTHLY DENTIST PREMIUM General Fund Unallocated Expenses 472.34_
TOTAL: 472.34
DREW KRIESEL 3/11/13 CONTRACT SVC Southshore Communi Senior Community Cente 257.00
3/11/13 EVENTS SVCS Southshore Communi Senior Community Cente 290.00_
TOTAL: 547.00
DeJONG, BRUCE 3/11/13 GFOA CONF REG JUN 2-5/2013 General Fund Finance 380.00
3/11/13 GFOA CONF - FLIGHT General Fund Finance 434.30_
TOTAL: 814.30
EFTPS - FEDERAL W/H 2/26/13 FEDERAL W/H General Fund NON-DEPARTMENTAL 5,243.00
2/26/13 FICA W/H General Fund NON-DEPARTMENTAL 3,182.51
2/26/13 MEDICARE W/H General Fund NON-DEPARTMENTAL 744.34
03-07-2013 10:55 AM C O U N C I L REPORT BY VENDOR- MARCH 11, 2013 PAGE: 2
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
2/26/13 FICA W/H General Fund Council 80.60
2/26/13 MEDICARE W/H General Fund Council 18.87
2/26/13 FICA W/H General Fund Administration 463.32
2/26/13 MEDICARE W/H General Fund Administration 108.37
2/26/13 FICA W/H General Fund Finance 253.32
2/26/13 MEDICARE W/H General Fund Finance 59.24
2/26/13 FICA W/H General Fund Planning 301.35
2/26/13 MEDICARE W/H General Fund Planning 70.48
2/26/13 FICA W/H General Fund Protective Inspections 152.25
2/26/13 MEDICARE W/H General Fund Protective Inspections 35.60
2/26/13 FICA W/H General Fund City Engineer 14.99
2/26/13 MEDICARE W/H General Fund City Engineer 3.51
2/26/13 FICA W/H General Fund Public Works 902.99
2/26/13 MEDICARE W/H General Fund Public Works 211.19
2/26/13 FICA W/H General Fund Ice & Snow Removal 391.94
2/26/13 MEDICARE W/H General Fund Ice & Snow Removal 91.68
2/26/13 FICA W/H General Fund Park Maintenance 121.04
2/26/13 MEDICARE W/H General Fund Park Maintenance 28.30
2/26/13 FICA W/H General Fund Recreation 207.45
2/26/13 MEDICARE W/H General Fund Recreation 48.52
2/26/13 FICA W/H Southshore Communi Senior Community Cente 24.30
2/26/13 MEDICARE W/H Southshore Communi Senior Community Cente 5.68
2/26/13 FICA W/H Water Utility Water 120.07
2/26/13 MEDICARE W/H Water Utility Water 28.11
2/26/13 FICA W/H Sanitary Sewer Uti Sewer 106.26
2/26/13 MEDICARE W/H Sanitary Sewer Uti Sewer 24.84
2/26/13 FICA W/H Recycling Utility Recycling 1.62
2/26/13 MEDICARE W/H Recycling Utility Recycling 0.38
2/26/13 FICA W/H Stormwater Managem STORMWATER MANAGEMENT 41.01
2/26/13 MEDICARE W/H Stormwater Managem STORMWATER MANAGEMENT 9.57_
TOTAL: 13,096.70
ELECTRIC PUMP 3/11/13 L.S # 5 & 6 PUMPS & CTRL P Sanitary Sewer Uti Sewer 41,916.38_
TOTAL: 41,916.38
FEDEX KINKO'S 3/11/13 5815 CLUB LN General Fund Protective Inspections 4.82_
TOTAL: 4.82
G & K SERVICES 3/11/13 CITY HALL BUILDING General Fund Municipal Buildings 185.41
3/11/13 PUBLIC WORKS BUILDING General Fund Public Works 929.74
3/11/13 SOUTHSHORE COMM CTR BLG Southshore Communi Senior Community Cente 85.40_
TOTAL: 1,200.55
GOPHER STATE ONE CALL 3/11/13 FEB SVC Water Utility Water 19.87
3/11/13 FEB SVC Sanitary Sewer Uti Sewer 19.87
3/11/13 FEB SVC Stormwater Managem STORMWATER MANAGEMENT 19.91_
TOTAL: 59.65
HAWKINS, INC. 3/11/13 CHLORINE CYLINDER Water Utility Water 105.00
3/11/13 CHEMICALS WATER Water Utility Water 80.76_
TOTAL: 185.76
HELGESEN, PATRICIA 3/11/13 2012 HSA MAX CONTRIBUTION General Fund NON-DEPARTMENTAL 156.15_
TOTAL: 156.15
HENN CTY-P.W. GEN. HAZARDOUS WASTE 3/11/13 HAZARDOUS WASTE LIC General Fund Public Works 210.00
03-07-2013 10:55 AM C O U N C I L REPORT BY VENDOR- MARCH 11, 2013 PAGE: 3
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
_______________
TOTAL: 210.00
ICMA RETIREMENT TRUST-302131-457 2/26/13 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 1,185.96
2/26/13 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 105.64_
TOTAL: 1,291.60
INTELLIGENT PRODUCTS INC 3/11/13 MUTT MITTS General Fund Park Maintenance 758.52_
TOTAL: 758.52
KDV, LTD 3/11/13 FEB-ASSISTANCE W/ CASH/INV General Fund Finance 985.50_
TOTAL: 985.50
KENNETH N. POTTS, P.A. 3/11/13 FEB SVC General Fund Professional Svcs 2,500.00_
TOTAL: 2,500.00
KREMER SERVICES, LLC 3/11/13 SPRING DUMP TRUCK General Fund Public Works 504.25_
TOTAL: 504.25
LEE PEST CONTROL, INC. 3/11/13 1ST QTR SVC Southshore Communi Senior Community Cente 81.00_
TOTAL: 81.00
LINK, CLARE T. 3/11/13 PARK COMM 02/26 General Fund Recreation 187.00_
TOTAL: 187.00
METRO SALES, INC. 3/11/13 C3002 MAINT- BW General Fund Municipal Buildings 39.00
3/11/13 C3002 MAINT- COLOR General Fund Municipal Buildings 414.00
3/11/13 MAINT SVC ENDED 02/01/13 General Fund Municipal Buildings 356.98
3/11/13 MRN07F-RICOH AFICIO MP-C30 Equipment Replacem Equipment Replacement 8,651.73
3/11/13 MAINT SVC ENDED 02/01/13 Southshore Communi Senior Community Cente 439.00_
TOTAL: 9,900.71
MIDWEST GOVERNMENT ADVISORS 3/11/13 FEB SVC General Fund Administration 6,570.00_
TOTAL: 6,570.00
MIDWEST MAILING SYSTEMS, INC. 3/11/13 NEWSLETTER SERVICES General Fund Administration 414.76
3/11/13 ADDT'L POSTAGE General Fund Administration 38.63_
TOTAL: 453.39
MIDWEST OVERHEAD CRANE CORP. 3/11/13 ANNUAL INSPECTION General Fund Public Works 476.32_
TOTAL: 476.32
MN DEPT OF REVENUE 2/26/13 STATE W/H General Fund NON-DEPARTMENTAL 2,218.02_
TOTAL: 2,218.02
NGUYEN, MICHELLE 3/11/13 FEB MILEAGE General Fund Finance 76.59_
TOTAL: 76.59
OFFICE DEPOT 3/11/13 TONER REPLACE Southshore Communi Senior Community Cente 169.80_
TOTAL: 169.80
ON SITE SANITATION INC 3/11/13 BAGER PARK General Fund Park Maintenance 45.96
3/11/13 CATHCART PARK General Fund Park Maintenance 45.96
3/11/13 FREEMAN PARK General Fund Park Maintenance 137.88
3/11/13 SILVERWOOD PARK General Fund Park Maintenance 45.96
3/11/13 SOUTH SHORE SKATE General Fund Park Maintenance 45.96
3/11/13 CHRISTMAS LAKE BOAT ACCESS General Fund Park Maintenance 235.13
03-07-2013 10:55 AM C O U N C I L REPORT BY VENDOR- MARCH 11, 2013 PAGE: 4
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
_______________
TOTAL: 556.85
PAETEC 3/11/13 SVC 01/28-02/27 General Fund Municipal Buildings 143.84
3/11/13 SVC 01/28-02/27 General Fund Public Works 46.90
3/11/13 SVC 01/28-02/27 General Fund Park Maintenance 145.60
3/11/13 SVC 01/28-02/27 Water Utility Water 98.70
3/11/13 SVC 01/28-02/27 Water Utility Water 100.25_
TOTAL: 535.29
PERA 2/26/13 P/R DEDUCTS-PERA General Fund NON-DEPARTMENTAL 3,236.13
2/26/13 P/R DEDUCTS-PERA General Fund Administration 546.20
2/26/13 P/R DEDUCTS-PERA General Fund Finance 313.27
2/26/13 P/R DEDUCTS-PERA General Fund Planning 406.76
2/26/13 P/R DEDUCTS-PERA General Fund Protective Inspections 215.32
2/26/13 P/R DEDUCTS-PERA General Fund City Engineer 21.48
2/26/13 P/R DEDUCTS-PERA General Fund Public Works 1,095.69
2/26/13 P/R DEDUCTS-PERA General Fund Ice & Snow Removal 490.73
2/26/13 P/R DEDUCTS-PERA General Fund Park Maintenance 162.39
2/26/13 P/R DEDUCTS-PERA General Fund Recreation 139.56
2/26/13 P/R DEDUCTS-PERA Southshore Communi Senior Community Cente 28.42
2/26/13 P/R DEDUCTS-PERA Water Utility Water 149.02
2/26/13 P/R DEDUCTS-PERA Sanitary Sewer Uti Sewer 132.02
2/26/13 P/R DEDUCTS-PERA Recycling Utility Recycling 1.89
2/26/13 P/R DEDUCTS-PERA Stormwater Managem STORMWATER MANAGEMENT 51.17_
TOTAL: 6,990.05
SHOREWOOD TRUE VALUE 3/11/13 LYSOL AP CLEANER General Fund Public Works 5.12
3/11/13 ROPE General Fund Public Works 13.88
3/11/13 MAILBOX REPAIR General Fund Public Works 41.84
3/11/13 BATTERY General Fund Public Works 27.22
3/11/13 STRAPS General Fund Public Works 39.12
3/11/13 HARDWARE General Fund Public Works 13.85
3/11/13 ROOF SEAL General Fund Public Works 5.12
3/11/13 PLUMBING General Fund Public Works 24.34
3/11/13 ICE MELT General Fund Public Works 47.00
3/11/13 MAILBOX General Fund Public Works 85.47
3/11/13 GLOVES General Fund Public Works 17.09
3/11/13 HARDWARE General Fund Public Works 68.91
3/11/13 HOSE CLAMP General Fund Public Works 5.32
3/11/13 DETERGENTS General Fund Public Works 25.18
3/11/13 SVC CHARGE General Fund Public Works 3.86
3/11/13 SVC CHARGE General Fund Public Works 2.95
3/11/13 DEADBOLT General Fund Park Maintenance 24.57
3/11/13 HARDWARE General Fund Park Maintenance 3.42
3/11/13 HARDWARE General Fund Park Maintenance 2.57
3/11/13 HARDWARE General Fund Park Maintenance 27.71
3/11/13 SEALER WELL Water Utility Water 21.88_
TOTAL: 506.42
SHRED-N-GO, INC. 3/11/13 SVC 02/20/13 General Fund Administration 34.00_
TOTAL: 34.00
SO LK MTKA POLICE DEPT 3/11/13 OPERATING BUDGET EXPENSE General Fund Police Protection 84,419.00_
TOTAL: 84,419.00
STRATEGIC INSIGHTS CO 3/11/13 2013 PLAN-IT UPGRADE General Fund Finance 721.41
03-07-2013 10:55 AM C O U N C I L REPORT BY VENDOR- MARCH 11, 2013 PAGE: 5
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
_______________
TOTAL: 721.41
SUN NEWSPAPERS 3/11/13 ZONING PERMITS 02/21 General Fund Planning 38.97
3/11/13 SIZZLE EVENT 02/14 Southshore Communi Senior Community Cente 250.00
3/11/13 SOUTHSHORE SIZZLE ADS 02/2 Southshore Communi Senior Community Cente 250.00
3/11/13 PROJECT 13-01 --02/14 & 21 Stormwater Managem STORMWATER MANAGEMENT 89.91_
TOTAL: 628.88
SUN PATRIOT NEWSPAPERS 3/11/13 PLANNING COMM HEARING 02/2 General Fund Planning 27.56_
TOTAL: 27.56
T-MOBILE 3/11/13 952-463-5836 - ADMIN CEL General Fund Administration 72.31_
TOTAL: 72.31
TOTAL PRINTING SERVICES 3/11/13 MONTHLY NEWSLETTER General Fund Administration 488.41
3/11/13 SSCC INSERT Southshore Communi Senior Community Cente 253.29
3/11/13 UB ENVELOPES Water Utility Water 146.06
3/11/13 UB ENVELOPES Sanitary Sewer Uti Sewer 146.06
3/11/13 RECYCLING INSERT Recycling Utility Recycling 219.00
3/11/13 UB ENVELOPES Stormwater Managem STORMWATER MANAGEMENT 146.06_
TOTAL: 1,398.88
U.S. BANK - CORPORATE TRUST - TFM 3/11/13 EDA-2007A-PUBLIC SAFETY FI 2007A EDA Debt - W 2007A EDA Ref Debt 1,750.00
3/11/13 EDA-2007B-PUB SAFETY POLIC 2007B EDA Debt - P 2007B EDA Ref Debt 1,750.00
3/11/13 EDA-2007C-PUB SAFETY FIRE 2007C EDA Debt - E 2007C EDA Ref Debt 1,750.00
3/11/13 1996A-G.O.WA REV BOND Water Utility Water 318.38_
TOTAL: 5,568.38
VERIZON WIRELESS 3/11/13 612-865-3582 - BRAD NIELSE General Fund Planning 121.52
3/11/13 L.S. PHONE SERVICES Sanitary Sewer Uti Sewer 253.58_
TOTAL: 375.10
VOYAGER FLEET SYSTEMS, INC. 3/11/13 SVC THRU 02/24/13 General Fund Public Works 7,647.95_
TOTAL: 7,647.95
WASTE MANAGEMENT OF WI-MN 3/11/13 24200 SMITHTOWN RD-PUB WOR General Fund Public Works 421.36
3/11/13 5735 COUNTRY CLUB RD -SSCC Southshore Communi Senior Community Cente 179.17_
TOTAL: 600.53
WELLS FARGO HEALTH BENEFIT SVCS 2/26/13 P/R DEDUCTS-HSA General Fund NON-DEPARTMENTAL 1,363.05_
TOTAL: 1,363.05
WENCK ASSOCIATES, INC. 3/11/13 FEB APPLE RD CHANNEL STABI Stormwater Managem STORMWATER MANAGEMENT 932.14_
TOTAL: 932.14
WSB AND ASSOCIATES, INC. 3/11/13 JAN-GIS & CAD SUPPORT General Fund City Engineer 327.00
3/11/13 JAN-2012-2013 GEN SVCS General Fund City Engineer 4,000.00
3/11/13 JAN-SMITHTOWN RD TRAIL PRO Trail Capital Outl Trail Expenditures 27,834.68
3/11/13 JAN-ENG SUPPORT Water Utility Water 66.50
3/11/13 JAN-MCES FORCEMAIN IMPRVMT Sanitary Sewer Uti Sewer 2,475.00
3/11/13 JAN-SILVER LK OUTLET IMPRV Stormwater Managem STORMWATER MANAGEMENT 308.00_
TOTAL: 35,011.18
XCEL ENERGY 3/11/13 XCEL ENERGY General Fund Municipal Buildings 568.29
3/11/13 XCEL ENERGY General Fund Municipal Buildings 4.25
3/11/13 XCEL ENERGY General Fund Public Works 551.92
03-07-2013 10:55 AM C O U N C I L REPORT BY VENDOR- MARCH 11, 2013 PAGE: 6
VENDOR SORT KEY DATE DESCRIPTION FUND DEPARTMENT AMOUNT_
3/11/13 XCEL ENERGY General Fund Traffic Control/Str Li 30.45
3/11/13 XCEL ENERGY General Fund Traffic Control/Str Li 3,655.53
3/11/13 5700 CTY RD 19 General Fund Traffic Control/Str Li 2.94-
3/11/13 XCEL ENERGY General Fund Park Maintenance 1,020.32
3/11/13 5735 COUNTRY CLUB RD Southshore Communi Senior Community Cente 748.21
3/11/13 24253 SMITHTOWN ROAD Water Utility Water 360.82
3/11/13 XCEL ENERGY Water Utility Water 549.38
3/11/13 XCEL ENERGY Water Utility Water 855.20
3/11/13 XCEL ENERGY Water Utility Water 2,792.71
3/11/13 XCEL ENERGY Sanitary Sewer Uti Sewer 581.29_
TOTAL: 11,715.43
ZEE MEDICAL SERVICE 3/11/13 FIRST AID General Fund Public Works 148.07_
TOTAL: 148.07
**PAYROLL EXPENSES 2/25/2013 - 99/99/9999 General Fund Council 1,300.00
General Fund Administration 7,533.78
General Fund Finance 4,320.90
General Fund Planning 5,610.41
General Fund Protective Inspections 2,969.93
General Fund City Engineer 296.24
General Fund Public Works 15,112.91
General Fund Ice & Snow Removal 6,768.49
General Fund Park Maintenance 2,239.86
General Fund Recreation 3,345.98
Southshore Communi Senior Community Cente 391.95
Water Utility Water 2,055.45
Sanitary Sewer Uti Sewer 1,821.07
Recycling Utility Recycling 26.13
Stormwater Managem STORMWATER MANAGEMENT 705.85_
TOTAL: 54,498.95
=============== FUND TOTALS ================
101 General Fund 197,827.01
307 2007A EDA Debt - W Fire 1,750.00
308 2007B EDA Debt - Police 1,750.00
309 2007C EDA Debt - E Fire 1,750.00
403 Equipment Replacement 8,651.73
406 Trail Capital Outlay 27,834.68
490 Southshore Community Ctr. 5,087.44
601 Water Utility 8,366.85
611 Sanitary Sewer Utility 47,485.96
621 Recycling Utility 13,990.22
631 Stormwater ManagementUtil 2,303.62
--------------------------------------------
GRAND TOTAL: 316,797.51
--------------------------------------------
TOTAL PAGES: 6
Bay Project Update 2013
January 29, 2013
To: Lake Minnetonka Cities
As you know, the Lake Minnetonka Association has been project manager for the 2008 -2012 milfoil
demonstration project involving five bays (Carman, Gideons, Grays, Phelps & St. Albans). We have had
cooperation and assistance from many organizations and individuals, including the MN Department. of
Natural Resources, the Lake Minnetonka Conservation District, the US Army Corps of Engineers,
numerous Lake Minnetonka Cities and the Lake Minnetonka Association Bay Captains.
We were especially pleased and gratified that the Bay Captains received the Minnebaba Creek
Watershed District's Vatershed Heroes' award this past Fall.
We have given the Cities periodic reports throughout this project. In addition, we have requested and
received funding assistance from several Cities. This funding has been critical to the project's viability and
success and we thank the Cites for that.
The five -year demonstration project has evolved positively during implementation and now, beyond the
original scope to include additional bays. Many Cities have asked that a long -term plan be prepared to
better frame the long -term needs, especially with respect to City funding.
I can report that the Lake Minnetonka Conservation District has developed a draft plan (copies available
on their website), which frames the continuation of this project and proposes an ongoing funding source
from the Cities. Regardless of how this plan may be finally adopted and implemented, we know the Lake
Minnetonka Conservation District has not provided for funding for this project in 2013.
It is especially important to continue this project without gaps in the treatments. Our Bay Captains and
their lakeshore neighbors have been extremely happy with the results and their ability to enjoy using the
lake. These benefits are enjoyed by everyone who shares this wonderful public resource. Lacking local
funding assistance in 2013, a disproportionate share for funding falls on private, voluntary contributions.
This letter accompanies a request for 2013 funding assistance from one of our Bay Captains. As you
consider that request, please feel free to contact me if you would like additional information.
Thanks, F� n
Llk,�,
Dick Osgood, Executive Director
Lake Minnetonka Association
(952) 470 -4449
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For more information, go to s ccv Is�sts >�,.lui�s, 1. ,v
SOUTH LAKE MINNETONKA
PARK COMMISSION SUMMIT MEETING
TUESDAY, FEBRUARY 26, 2013
MINUTES
1. CONVENE PARKS SUMMIT MEETING
Chair Quinlan convened the meeting at 7:00 p.m.
A. Roll Call
Present: Deephaven: Leslie Gustafson, John Flynn
Excelsior: Mike Filippi, Cathy Rude, and Paul Mullenbach
Shorewood: Chair Quinlan; Commissioners Edmondson, Hartmann, and
;
MangoldCity Council Liaison Siakel; City Planner Nielsen; City of
Shorewood Mayor, Zerby; Tonka Bay: Clare Link
2.DISCUSSION
:
Representatives discussed the structure of their respective Park Commissions. Each Commission
discussed their current issues which included the following discussion:
Excelsior:
1. The Commons – irrigation
2. Concerts in the park
3. Band shell committee – non-profit formed to accept donations; however, project is not
currently moving forward.
4. Antique car show in the spring. Fencing will be donated and can be used by other venues.
5. Would like joint sponsorship of Concerts in the Park in Excelsior. Issues include: band
faces the wrong way resulting in noise complaints, cost ($10,000), and need for business
sponsorships. Beer and wine sales will need law enforcement presence. Intent is to make
money at the event. Use of food vendors was suggested. Local businesses preferred.
Concession stand would need to be remodeled before it can be used to serve/sell food.
6. Mayor Zerby discussed skating at the Commons. Unknown history of flooding the grass
to create a rink. It was suggested the ball field be flooded as an alternative. Liability
issues with skating on the lake.
Deephaven
1.Have two rinks but no city water. They have a Zamboni. Water is pulled from the lake
and then dumped.
2.No staff for park activities.
3.No one uses the versa court for tennis.
Shorewood
1.Versa court coming to Manor Park court.
2.Start offering pickle ball by striping tennis courts.
3.Continued cooperation through communication among cities.
PARK COMMISSION SUMMIT MINUTES
TUESDAY, FEBRUARY 26, 2013
3
PAGE 2 OF
4. List of activities distributed – the majority are summer events, family-centered.
5.Would like to add more water-related events at Crescent Beach. Suggested: Three
Rivers Park District boat use, swimming lessons.
6.Arctic Fever in the winter. Often the issue is whether there are enough volunteers to help
out at an event.
7.Movie in the Park would like to be a grander event. It was held in September the last two
years. It will be held in Badger Park this year.
8.They are redefining the parks in Shorewood to determine what amenities should be
offered. Badger Park is high on their list.
9.Bridge proposed across County Road 19 in late 2014. Trail connections proposed
including the Galpin Lake trail.
Tonka Bay
1.No priority projects identified.
2.New sport court has been very successful.
3.City has five parks – amenities were discussed
Overall
1.Need for more bike racks in Excelsior. It will be placed on the Excelsior agenda.
2.Need to connect all the cities with trails. Cost concerns. Safety concerns discussed
particularly with bike traffic.
3.Newsletters, e-mail service, newspaper coverage were discussed. A combined mailing
was suggested. Nielsen suggested an “Explore South Lake” newsletter which would
highlight all the cities’ events.
Southshore Community Center
Activities at the Center were discussed. The director has resigned. There is a need for continued
support from all the cities. Councilmember Siakel gave a background on the history of the
facility. There is a need for more visioning. Need for more parking. Encouraged cities to
consider the facility as another park and use for programming.
Councilmember Siakel suggested the creation of a South Lake Park and Recreation group which
would coordinate all events in the cities. It would be more cost effective to share services.
Members discussed the creation of a proposal to discuss a joint group. A shared website and
newsletter were discussed as well as the utilization of electronic communications such as
Facebook.
Mayor Zerby stated he would be interested in considering financially supporting the Concerts in
the Park. There is a Bayside employee who needs to work in an internship for Park and Rec. as a
possible resource. The LMCC should be used more to promote park events on cable television.
Nielsen asked that each city provide a park map, and one would be created showing all South
Lake area parks.
PARK COMMISSION SUMMIT MINUTES
TUESDAY, FEBRUARY 26, 2013
3
PAGE 3 OF
3. E-MAIL CONTACTS
John Flynn Deephaven j.flynn@mchsi.com
Leslie Gustafson Deephaven lesliegustafson@hotmail.com
Mike Filippi Excelsior rmikef@mchsi.com
Cathy Rude Excelsior cathyrude@live.com
Justin Mangold Shorewood mangold.justin@gmail.com
Bob Edmondson Shorewood daddyo3339@gmail.com
Steve Quinlan Shorewood smq100@gmail.com
Paul Mullenbach Excelsior paul@mullenbachconstruction.com
Lynda Hartmann Shorewood lynda@gohartmerch.com
Brad Nielsen Shorewood bnielsen@ci.shorewood.mn.us
Clare Link Tonka Bay clink@cityoftonkabay.net
MISCELLANOUS
4.
Shorewood Parks Foundation membership discussed. The contact person is Twila Grout at
tgrout@ci.shorewood.mn.us (952-960-7902)
There is a need to coordinate events. Quarterly meetings were discussed. The next meeting was
set for Tuesday, May 21. Agenda items should be sent to Brad Nielsen.
5. ADJOURN
The Park Summit Meeting of February 26, 2013 was adjourned at 8:40 p.m. Motion carried.
RESPECTFULLY SUBMITTED,
Clare T. Link
Recorder
"
Managed Local and Wide Area Network
^
Private network
°
Customer public access network
,
Wireless access and bridging
Quality of Service enabled (QoS)
• Security
^
Network (}S& authentication services
^ &Yanmgodfiravvo||n
"
Secure private network
"
Wireless security
"
Network surveillance
~
Secure data center
• Secure Remote User Access Services
Network Storage
"
File servers
^
Fibre Channel SAN
^
Network Backup
"
Off-site retention backup
On-line SAN snapshot recovery points
Application Sharing Platforms
^
"Carrier Class" high availability data center
"
Redundant power
"
Redundant cooling
Internet Services
"
Web site hosting &atots
^ FTP site hosting
^
Domain name service hosting
^
High Speed Internet access
E-mail & Messaging Applications
°
Inbound e-mail SPAK4filtering
,
Inbound e-mail virus filtering
^ yNS Outlook interface
"
Web based interface
°
Smart phone integration
,
Personal & shared scheduling
°
Personal & shared folders
^
Unified inbound fax integration
^
Unified Vnioennai|integration
^
Presence for |M.e-mail
^
Voice Applications
^
Local service
°
Long Distance service
"
800 service
°
Virtual PBX feature set
" Voinemui|oerv|oe
"
Video enabled telephony
"
Presence for telephony
"
Contact center (opiionai)
~
Compliance/QA recording (op1ion*|)
^ Video Applications
~ 24x7x3G5/\Ut0N8ted��OVit0ring and Problem Resolution `
" Video enabled collaboration
of subscribed infrastructure elements
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\�@~'
Monthly
Recurring One -Time
Charges Charges
City Offices
ITS Solution Package (10 -14 Stations) $ 846 $ 5,082
ITS Network Access Port (3 Mb) $ 385 $ 0
Optional ITS Services:
SAN Storage (up to 10GB included — additional at $2.40 /GB) $ 24 $ 0
Backup Storage $ 750 $ 0
(up to 1,000GB of backed up retained data — additional at $0.75/GB)
Managed Web Content Filtering $ 80 $ 0
Public Works
ITS Freedom Office Package (1 -4 Stations) $ 169 $ 450
ITS Network Access Port (7x1 Mb fixed VPN over broadband DSL Internet) $ 99 $ 125
ITS End User /Application Support $ 575 $ 0
(includes up to 5 hours per month. additional hours billed at $130 per hour)
Total $ 2,928 $ 5,657
Heat-Seeker
i . Technology Partners, Inc. HeatSeeker Technology Partners — Confidential I Proprietary — not to be disclosed to a third party
#10A
MEETING TYPE
I City of Shorewood Council Meeting Item Regular Meeting
Title / Subject: REVISIONS TO PROPOSAL FOR IT SERVICES AND MANAGED PHONE SERVICES
Meeting Date: March 11, 2013
Prepared by: Larry Brown, Director of Public Works
Reviewed by: Bruce Delong, Finance Director
Attachments: Proposed Agreement
Background: As noted in the City Council Agenda Packet, staff has been working with City
Attorney, Tim Keane and the recommended vendor in insuring that the Service Agreement for
IT Services and Managed Phone Services meets the City's requirements. This has been a long
and diligent process with a number of revisions.
The City Council may have noted in the proposal that was provided a onetime up front charge of
$5,657. This is to assist in covering immediate costs incurred by the vendor in transferring phone lines
and software costs to make a change over.
Staff has reviewed all of the charges and deposits that have been proposed through the service
agreement. While the total costs remain as proposed in the agreement, staff has discussed
restructuring of the proposed costs and deposits to ease administration of the contract, eliminating the
need to track a deposit over the life of the agreement, and still have the agreement remain at the total
sum proposed. Staff has been successful at working with the vendor in restructuring this. The revised
proposal is as follows:
Original Cost Structure Over the Term of the Agreement:
One -time set up charges
$5,657
Final 2 Month Deposit ($2,303 * 2) $4,606
Due at inception $10,263
Add monthly charges ($2,303 * 34) $78,302
Total 3-year Cost $88,565
Revised Cost Structure Over the Term of the Agreement:
One -time set up charges $10,263
Monthly charges ($2,175 * 36) 78,300
Total 3 -year Cost $88,565
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1
HeatSeeker ITS
MASTER SERVICES AGREEMENT
This MASTER SERVICES AGREEMENT, made as of April 1, 2013, by and between
Citv of Shorewood a Minnesota municipal corporation, maintaining its principal offices at
5755 Country Club Road Shorewood. MN 55331 ( "CUSTOMER ")
and
HeatSeeker Technology Partners, Inc., a Minnesota corporation, maintaining its principal offices at
411 Washington Ave. N., Suite 10, Minneapolis, MN 55401 (hereinafter "HeatSeeker ").
W- I- T- N- E- S- S -E -T -H
WHEREAS, CUSTOMER is in the trade or business of municipal
government, together with services related thereto, and is
authorized to engage in all normal activities in connection with
such trade and /or business; and
WHEREAS, CUSTOMER is a Minnesota municipal corporation
organized under the laws of the State of Minnesota and is subject to
the requirements of Minnesota Laws including but not limited to
Minnesota Statutes Ch 13; and
WHEREAS, HeatSeeker has certain services, experience,
knowledge and unique capabilities that CUSTOMER wishes to
engage in connection with HeatSeekei's Information Technology
Services (hereinafter "ITS ") as specified on the attached
Addendum(s); and
WHEREAS, the parties have agreed to enter into this Agreement to
establish a business relationship in which HeatSeeker will provide
certain defined services to CUSTOMER based upon the terms and
conditions specified herein.
NOW, THEREFORE, in consideration of the above premises and
the mutual promises and covenants contained herein, the parties
agree as follows:
1. SCOPE OF SERVICES
(a) CUSTOMER hereby engages HeatSeeker, and
HeatSeeker accepts such engagement, to provide the
services specifically set forth in Addendum(s) attached to
this Master Services Agreement from time to time, each
of which is incorporated fully into this agreement
(b) CUSTOMER may engage HeatSeeker to provide
additional services in connection with additional project's
or technology requirements if both parties agree in
writing to the additional services by executing an
Addendum substantially in the form of the attached
Addendum(s). Such additional Addendum(s) will be
made a part of this Agreement as if fully included herein
upon execution of said Addendum. In the event the
period of time for a particular Service to be provided by
HeatSeeker pursuant to an applicable Addendum(s)
extends beyond the effective date of termination of this
Agreement, such Service(s) shall remain in effect for the
agreed upon time of Service, subject to all the terms and
conditions of this Agreement as if it were still in effect
with respect to such Service(s).
(c) Any work product or intellectual property generated by
HeatSeeker in providing Services hereunder, together
with any patents, trademarks or copyrights related
thereto, during the term of this Agreement in at a later
time in the future, shall be the property of HeatSeeker.
The term "work product" shall include, but not be limited
to, drawings, specifications, blueprints, papers, reports,
designs, prototypes, software and all other related
material. Such "work product' shall not in any
circumstances be deemed "work for hire.'
(d) Customer Area and Equipment: The "Customer Area"
shall mean the location(s) within the data center that
HeatSeeker designates for placement of CUSTOMER
Equipment. As part of the ITS Services, CUSTOMER is
hereby granted a license to install, maintain, use, operate,
monitor, repair and replace in the Customer Area certain
of CUSTOMER's equipment, as set forth in the customer
notebook as prepared by HeatSeeker with CUSTOMER's
input, and any tools, devices, supplies or materials
brought into the data center by CUSTOMER
(collectively the "CUSTOMER Equipment").
CUSTOMER must advise HeatSeeker and provide
information on any Customer Equipment it plans to
install prior to placing the CUSTOMER Equipment in the
Customer Area, as provided in the Rules and
Regulations, referenced below. CUSTOMER may not
use the Customer Area for any other purpose.
CUSTOMER is not granted, and-specifically disclaims,
any possessory, leasehold or other real property interest
in the Customer Area, the data center, or any other
portion of the building or premises in which the data
center is located.
2. FEES AND BILLING
(a) HeatSeeker will be compensated for its services as
described more fully in each addendum. CUSTOMER
will pay HeatSeeker all charges for the Services provided
under this Agreement. All such charges are exclusive of
sales taxes and other federal, state, municipal, or other
governmental taxes, charges, or levies (collectively
"Taxes ") now in force or enacted in the future, all of
which CUSTOMER will be responsible for and will pay
in full.
(b) HeatSeeker shall issue invoices monthly. CUSTOMER
shall pay for all undisputed charges, pursuant to Section 2
(c) below. Services are invoiced in advance, except that
usage -based Services will be invoiced in advance at the
minimum charge and, as applicable, will be adjusted
based on actual usage. The "Installation Date" will be
defined as the date a specific component service
described more fully in each addendum has been
activated or put into service. On the Installation Date,
CUSTOMER will be invoiced for all non - recurring
charges and the Monthly Recurring Charges for the then
current month. All payment's for undisputed charges are
due upon receipt of the invoice and become past due if
not paid twenty-five (25) days after date of the invoice.
Payments for undisputed charges not received within
twenty-five (25) days will accrue interest at a rate of one
and one -half percent per month, or the highest rate
allowed by applicable law, whichever is lower.
CUSTOMER will pay all costs of collection over sixty
(60) days, including all reasonable attorney fees incurred
pursuing collection or enforcement of this Agreement.
(c) In the event CUSTOMER disputes, reasonably and in
good faith, any charges or portion of charges specified in
a HeatSeeker invoice (the "Disputed Charge "),
CUSTOMER may withhold payment of such portion that
is the Disputed Charge provided that CUSTOMER gives
HeatSeeker written notice of and the basis for, such
Disputed Charge within fifteen days after receiving
HeatSeeker's invoice and CUSTOMER pays timely all
undisputed charges. The parties shall work together in
good faith to resolve any such Disputed Charge. If the
parties mutually determine the CUSTOMER owes any
Disputed Charge, CUSTOMER shall pay HeatSeeker
such amount, including interest accrued from the date the
payment was originally due to HeatSeeker pursuant to
Section 2(b) within five days of such determination. If
the parties are unable to resolve the Disputed Charge
within ten days of CUSTOMER's notice of the same.
HeatSeeker shall be entitled to pursue its remedies
hereunder.
3. REPRESENTATIONS AND OBLIGATIONS
(a) Compliance with Law and Rules and Regulations:
CUSTOMER will comply at all times with all applicable
laws and regulations with respect to the CUSTOMER
Equipment and CUSTOMER's use thereof and of the ITS
Services, and HeatSeeker will comply at all times with all
applicable laws and regulations with respect to
HeatSeeker's provision of Services hereunder.
CUSTOMER will comply at all times with the material
terms of HeatSeeker's or HeatSeeker's supplier's general
rules and regulations relating to its provision of Services
(the "Rules and Regulations "). HeatSeeker or
HeatSeeker's suppliers may amend the Rules and
Regulations provided that CUSTOMER is informed in
advance of any such amendments and the amendments do
not unreasonably and adversely alter the provision of
Services hereunder.
(b) Access acrd Securi ty: CUSTOMER will give written
notice to HeatSeeker of the individuals who are or are not
authorized by CUSTOMER to have access to the
CUSTOMER Area and of any changes to such
authorization from time to time (the `Permitted
Individuals "). HeatSeeker will maintain a list of the
Permitted Individuals and will have the right to limit
CUSTOMER's access to the data center solely to the
Permitted Individuals. While in the data center, each
individual representing or otherwise entering for or on
behalf of CUSTOMER (each, including each Permitted
Individual, a `Representative ") will comply at all times
with the terms and conditions of this Agreement,
including the Rules and Regulations. Without limiting
the foregoing, each Representative will comply with
HemSeeker's security and safety procedures, including
without limitation, sign -in, identification and escort
requirements as in effect from time to time. HeatSeeker
may refuse entry to, or require the immediate departure
of, any individual who (i) is disruptive or threatening, (ii)
has failed to comply with this Agreement, including the
Rules and Regulations, or (iii) has failed to comply with
any of PlcatSeekei's other procedures and requirements
after being notified of them.
(c) No Competitive Services: CUSTOMER may not,
directly or indirectly resell, or permit the resale of any
services provided hereunder without HeatSeeker's prior
written consent.
(d) Interconnection: CUSTOMER may not cross - connect
CUSTOMER's Equipment with equipment of other
entities or persons within the data center or any other
Heai'Seeker facility. CUSTOMER may, pursuant to
Section I above, request that HeatSeeker initiate a cross -
connect(s) for CUSTOMER. This provision does not
apply to interconnects between CUSTOMER Equipment
within cabinets within the Customer area.
(e) Damage Prevention: CUSTOMER shall not damage, or
suffer or permit any damage by the CUSTOMER
Equipment, any Representative, or any other action or
inaction of CUSTOMER or any person under
CUSTOMER's direct or indirect control, to the Customer
Area, the data center, any other portion of the building or
property in which the data center is located, or the
equipment of HeatSeeker or any other customer. The
CUSTOMER Equipment and CUSTOMER's Business
shall not cause damage to the data center or HeatSeeker.
CUSTOMER and its Representatives will refrain from
using any facilities, equipment, tools, materials,
apparatus, or methods that, in HeatSeeker's reasonable
judgment, might cause damage to the data center or
otherwise damage or interfere with the equipment or
operations of HeatSeeker or any other HeatSeeker
customer or other person. HeatSeeker reserves the right
to take any reasonable action to prevent barn to the
services, personnel or property of HeatSeeker (and its
affiliates, vendors, and customers) or other persons.
(f) Acceptable Use: Without limiting Section 3 (a) above,
CUSTOMER's use of, and CUSTOMEWs end users' use
of the Services shall comply with HeatSeeker's or
HemSeeker's supplier's Acceptable Use Policy (`AUP ").
If HeatSeeker has a good faith belief that (i) there is a
substantial risk of harm or of liability to HeatSeeker or to
a third party arising from or connected with a violation or
suspected violation of Phis Section 3 (t) or the AUP or (ii)
a violation or suspected violation of this Section 3 (t) or
the AUP obligates HeatSeeker by operation of law to do
so, HeatSeeker may immediately take corrective action,
including disconnection or discontinuance of
CUSTOMER's access to its Internet services or
disconnection of CUSTOMER's Services, provided
however, that HeatSeeker shall use reasonable efforts to
provide written notice to CUSTOMER and a reasonable
time to cure any suspected violation of the AUP, if
practicable and if allowed by law, and if the violation is
reasonably susceptible to cure.
(g) Removal of CUSTOMER's Equipment: Immediately
upon expiration of the term or promptly upon earlier
termination for any reason of this Agreement,
CUSTOMER shall remove all of CUSTOMER's
Equipment from the data center and shall return to
HeatSeeker any equipment belonging to HeatSeeker
associated with the Services terminated.
(h) Emergency Contacts: CUSTOMER shall designate to
HeatSeeker, in writing, emergency contacts, including
name, address, telephone, pager and /or email addresses,
who will be the primary emergency contact to be notified
in the event of an emergency related to the Services.
CUSTOMER may modify its contact, address, and
notification methods periodically with written notice of
such modification to HeatSeeker.
(i) No hire: CUSTOMER agrees not to offer, promise, nor
engage in employment, either directly or indirectly, any
personnel from the staff of HeatSeeker during the term of
this agreement and within twelve (12) months after the
termination of this Agreement.
4. INSURANCE
(a) Minimum Levels of Insurance: During the term of this
Agreement, both parries will keep in full force and effect
insurance policies covering: (i) commercial general
liability insurance in an amount not less than one million
dollars per occurrence for bodily injury and property
damage; (ii) workers' compensation insurance in an
amount not less than that required by applicable law; and
(iii) property insurance covering each party's own
property and equipment, including but not limited to
electronic computer equipment for the perils customarily
insured, but in no event more restrictive than "special
perils" property insurance, in the amount of its fill
replacement cost at the time of the loss. Within ten days
after request by HeatSeeker, CUSTOMER will provide to
HeatSeeker evidence of the foregoing insurance.
CUSTOMER acknowledges that HeatSeeker has no
obligation whatsoever to insure any of CUSTOMER's
Equipment. HeatSeeker acknowledges that CUSTOMER
has no obligation whatsoever to insure any of
IIeatSeeker's equipment or property. The insurance
policies required in this Agreement will be issued by
financially secure insurance companies authorized to
issue insurance in the state where the data center is
located.
(b) Waiver of Subrogation: Neither parry, nor its officers,
directors, shareholders, employees, agents or invitees,
will be liable to the other party or to any insurance
company insuring the other party (by way of subrogation
or otherwise) for any loss or damage to its equipment or
property within the data center, or for loss of business
revenue or extra expense arising out of or related to its
equipment or property within the data center, if a parry is
required in Section 4(a) above to maintain insurance for
such loss or tannage or expense.
5. CONFIDENTIAL INFORMATION
(a) Confidential Information: Each party acknowledges that
it may have access to certain confidential information of
the other party concerning the other party's business,
plans, customers, technology, products, and services
( "Confidential Information "). Confidential Information
will include, but not be limited to, each party's
proprietary software, technology and trade secrets and
customer information, to the extent identified as
confidential or proprietary, and the terms and conditions
of this Agreement In addition, the parties agree and
acknowledge that the components, configuration, and
method of providing their respective services is
proprietary, and as such, is considered Confidential
Information. Unauthorized copying, transfer, or use may
cause irreparable injury that cannot be adequately
compensated by monetary damages. Each party agrees
that it will not use in any way, for its own account or the
account of any third party, nor disclose to any third party
(except as required by law or to the disclosing party's
attorneys, accountants and other advisors as reasonably
necessary and subject to the confidentiality provision
hereof), any of the other party's Confidential Information
and will take reasonable precautions to protect the
confidentiality of Confidential Information. Each party's
obligation under this Section 5 will indefinitely survive
the expiration or termination of this Agreement
(b) Exceptions: Information will not be deemed Confidential
Information hereunder if such information: (i) is
rightfully known to the receiving party prior to receipt
from the disclosing party directly or indirectly from a
source other than one having an obligation of
confidentiality to the disclosing party; (ii) becomes
]mown (independently of disclosure by the disclosing
party) to the receiving party directly or indirectly from a
source other than one having an obligation of
confidentiality to the disclosing party; (iii) becomes
publicly known or otherwise ceases to be secret or
confidential, except through a breach of this Agreement
by the receiving party; or (iv) is independently developed
by the receiving party.
6. TERM OF AGREEMENT
(a) Term: This Agreement shall become effective as of the
date first above written and will remain in effect for the
Initial Tenn and any Renewal Terns. The "Initial Term"
shall mean 36 months from the effective date of this
Agreement. At the expiration of the Initial Term, this
Agreement will automatically renew for successive terms
of one year (each a "Renewal Term ") subject to
CUSTOMER's acceptance of HeatSeeker`s then current
charges, unless notice of non - renewal is given by either
party no less than ninety (90) days before expiration of
the Initial Term or applicable Renewal Term.
CUSTOMER will be deemed to have accepted
HeatSeeker's then current charges for any Renewal Term
unless CUSTOMER gives notice to HeatSeeker of its
rejection of any increase in charges no later than thirty
(30) days after CUSTOMER receives notice thereof. If
CUSTOMER rejects any increase in charges, this
Agreement shall terminate on the date that is ninety (90)
days after CUSTOMER gives notice to HeatSeeker of its
rejection of such increase and during such period prior to
by CUSTOMER within thirty (30) days after receiving
termination the previous charges will apply,
written notice from HeatSeelcer of such breach; or (iii)
CUSTOMER fails to materially perform or observe any
(b)
Termination by CUSTOMER: CUSTOMER, by giving
of its other obligations under this Agreement or any other
HeatSeeker thirty (30) days prior written notice, shall
agreement between CUSTOMER and HeatSeeker after a
have the right to terminate and cancel this Agreement,
period of thirty (30) days after receiving notice from
without cause, for its own convenience, without
HeatSeeker of such failure; or (iv) CUSTOMER
HeatSeeker being at fault, and require HeatSeeker to
becoming insolvent within the meaning of any applicable
immediately stop performing the Services. In such event,
state or federal laws; or (v) CUSTOMER makes an
HeatSeeker may accelerate the balance of all amounts
assignment for the benefit of creditors or enters into a
under this Agreement and recover from CUSTOMER
similar arrangement for the disposition of its assets for
payment for all amounts to be paid by CUSTOMER
the benefit of its creditors; or (vi) CUSTOMER files a
under this Agreement, including amounts due for
voluntary petition and is adjudicated bankrupt, or an
Services either actually performed or to be performed
involuntary petition is filed against a party and such
through the expiration of the Initial Term or Renewal
petition is not dismissed within ninety (90) days of filing;
Tenn, as applicable. CUSTOMER. must make payment
or (vii) CUSTOMER commits a Default with respect to
of the entire balance of this Agreement to HeatSeeker as
I- IeatSeeker's provision of services to CUSTOMER at
above provided on the 30th day after notice of such
any other data center, whether pursuant to this Agreement
termination by CUSTOMER is given to HeatSeeker for
to arry other agreement between CUSTOMER and
such termination to be effective.
HeatSeeker.
(c)
Termination by HeatSeeker: HeatSeeker shall only be
(c) CUSTOMER's Remedies fm Default by HeatSeeker: If
entitled to terminate this Agreement prior to the
HeatSecker commits a Default, CUSTOMER will be
expiration of Initial Term or any Renewal Term for
entitled, at its election, to terminate this Agreement or
Cause by giving sixty (60) days written notice to
seek any available remedies at law or in equity.
CUSTOMER, provided such Cause is not cured during
CUSTOMER's right of recovery for any such Default
the sixty (60) day period or, if a cure of a non - monetary
will he limited as elsewhere provided in this Agreement.
breach obligation cannot be feasibly completed within
Notwithstanding anything to the contrary in this
such sixty (60) day period, during such longer period
Agreement, HemSeeker's maximum aggregate liability to
reasonably required to complete such cure, provided that
CUSTOMER related to or in connection with this
CUSTOMER makes diligent efforts to complete the cure
Agreement will be limited to the total amount paid by
throughout the period. As used herein, "Cause" shall be
CUSTOMER to HeatSeeker hereunder for the prior
defined as "Default by CUSTOMER" in 7 (b) of this
twelve (12) month period.
Agreement.
(d) HeatSeeker's Remedies for Default b y CUSTOMER: If
CUSTOMER commits a Default, HeatSeeker will be
7. DEFAULT AND REMEDIES
entitled, at its election, to exercise any one or more of the
following remedies, then or at any time thereafter: (i) to
(a)
Default by HeatSeeker. The occurrence of any of the
exercise any remedy for such Default set forth elsewhere
following will be a "Default" by HeatSeeker. (i)
in this Agreement; (ii) to pursue any remedy available at
HeatSeeker fails to materially perform or observe any of
law or in equity, (iii) to terminate this Agreement; (iv) to
its obligations under this Agreement and such failure
suspend Services; (v) to accelerate the payment
continues for a period of thirty (30) days after receiving
obligations hereunder; and (vi) to remove any or all of
written notice from CUSTOMER detailing or describing
the CUSTOMER Equipment and store the same within
such failure; or (u) HeatSeeker's insolvency or
the data center or elsewhere in a commercially reasonable
liquidation as a result of which HeatSeeker ceases to do
manner mid at CUSTOMER's cost and expense if
business; or (iii) the material breach of any representation
CUSTOMER fails to remove CUSTOMER's Equipment
or warranty made by HeatSeeker in this Agreement,
within ten (10) business days after notice to
except to the extent such breach is susceptible to cure, in
CUSTOMER, and (vii) to treat as abandoned, dispose of,
which case there shall be no Default unless such breach is
or retain and use, free of any rights or claims thereto from
not cured by HeatSeeker within thirty, days after
CUSTOMER or anyone claiming by, through or under
receiving written notice from CUSTOMER of such
CUSTOMER, any of all of the CUSTOMER's
breach.
Equipment if CUSTOMER fails to remove the same from
the data center or place of storage, as the case may be,
(b)
Default by CUSTOMER: The occurrence of any of the
within ten (10) business days after notice to
following will be a "Default" by CUSTOMER: (i)
CUSTOMER, and (viii) to retain the Security Deposit
CUSTOMER fails to pay, when due, any fees or charges
owing to HeatSeeker under this Agreement, provided that
the first such nonpayment in any calendar year shall not
8. NOTICES
be a Default unless CUSTOMER tails to pay such
amount within five (5) business days after written notice
(a) Any notice required or permitted to be given hereunder
from HeatSeeker of such nonpayment; or (ii) the material
shall be in writing and shall be either (i) delivered
breach of any representation or warranty made by
personally by hand, (ii) sent by registered or certified
CUSTOMER in this Agreement or any other agreement
mail, or (iii) sent by a recognized qualified overnight
between CUSTOMER and HeatSeeker, except to the
delivery service (e.g.. Federal Express). All such notices
extent such breach is susceptible to cure, in which case
shall be sent postage prepaid to the addresses of each
there shall be no Default unless such breach is not cured
party set forth below or to such other address or
9.
addresses as shall be designated in writing in the same
manner;
To CUSTOMER
City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
To HeatSeeker
Chief Executive Officer
HeatSeeker Technology Partners, Inc.
411 Washington Ave. N., Suite 10
Minneapolis, MN 55401.
(a) Any waiver, alteration or modification of any of the
provisions in this Agreement or cancellation to
replacement of this Agreement shall not be valid unless
in writing and signed by the parties.
(b) This Agreement contains the entire agreement between
the parties hereto, pertaining to the subject matter hereof
and supersedes all prior and contemporaneous
agreements, except those contemplated hereunder or not
inconsistent herewith.
of such damages, whether arising under any theory of
contract, tort (including negligence), strict liability or
otherwise.
(g) Each party (the "Indemnifying Party ") will indemnify,
defend and hold the other party (the "Indemnified Parry ")
harmless from and against any and all cost's, liabilities,
losses, and expenses (including but not limited to
reasonable attorneys' fees) (collectively "Losses")
resulting from any claim, suit, action, demand, or
proceeding (each, an "Action ") brought by any third
party against the Indemnified Party, to the extent not
covered by the Indemnified Party's insurance, (i) alleging
or arising from the gross negligence or willful
misconduct of the Indemnifying Party or its employees,
agents, contractors, or invitees, in the performance or
non - performance of its obligations hereunder, or If)
arising tram any failure by the Indemnifying Party or its
employees, agents, contractors, or invitees, to comply
with the Rules and Regulations, the AUP, or the law.
(h) Force Majeure. Either parry will he excused from any
delay or failure in performance hereunder, other than the
payment of money, caused by reason of any occurrence
or contingency beyond its reasonable control, including
but not limited to, acts of God, earthquake, labor disputes
and strikes, riots, war, and governmental requirements.
The obligations and rights of the party so excused will be
extended on a day -to -day basis for the period of time
equal to that of the underlying cause of the delay.
(d) Failure of either party to enforce any of its rights
hereunder will not be deemed to constitute a waiver of its
future enforcement of such rights or any other rights. If
any provisions of this Agreement are held to be invalid,
illegal, or unenforceable under present or future laws,
such provisions will be struck from the Agreement or
amended, but only to the extent of their invalidity,
illegality or unenforceability. The parties will remain
legally bound by the remaining terms of this Agreement,
and will strive to reform the Agreement in a manner as
consistent as reasonably possible with the original intent
of the parties as expressed herein.
(e) HeatSeeker shall not, without the written consent of
CUSTOMER, assign or transfer this Agreement or any
rights or obligations hereunder. CUSTOMER shall not,
without the written consent of HeatSeeker, assign or
transfer this Agreement to asuccessor or affiliated
organization. In the case of any such assignment or
transfer, the assignee or transferee shall be bound by the
terms and obligations provided in this Agreement
(t) In no event will either party be liable or responsible to the
other for any type of incidental, punitive, indirect or
consequential damages arising from or relating to this
Agreement, including, but not limited to, lost revenue;
lost profits; replacement goods; loss of technology, rights
or services; loss of data; or interruption or loss of use of
Services or equipment, even if advised of the possibility
(j) Disclaimer of Warranty and Limitation of Remedies.
EXCEPT AS EXPLICITLY STATED IN THIS AGREEMENT
OR ANY SCHEDULES, THERE ARE NO WARRANTIES,
EXPRESS OR IMPLIED- BY OPERATION OF LAW OR
OTHERWISE, AND ALL SERVICES OR PRODUCTS
PROVIDED UNDER THIS AGREEMENT ARE PROVIDED
"AS IS" WTTHOU'r WARRANTY OF ANY KIND,
WHETHER EXPRESS, IMPLIED OR ARISING FROM
CUSTOM, COURSE OF DEALING Olt TRADE USAGE. TO
THE EXTENT PERMITTED BY LAW, HEATSEEKER
DISCLAIMS ANY IMPLIED WARRANTIES OF NON -
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE FOR ALL SERVICES AND
PRODUCTS PROVIDED UNDER THIS AGREEMENT.
EXCEPT AS MAY BE SET FORTH IN THE SERVICE
SCHEDULES AND APPENDICES ATTACHED TO THIS
AGREEMENT, THERE ARE NO EXPRESS OR IMPLIED
WARRANTIES INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE RESPECTING THIS
AGREEMENT AND SERVICES. EXCEPT AS
SPECIFICALLY STATED IN THIS AGREEMENT OR ANY
SCHEDULES, HEATSEEKElt DOES NOT WARRANT
THAT THE USE OF ANY SOFTWARE OR HARDWARE
PRODUCTS WILL BE UNINTERRUPTED OR ERROR -
FREE.
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, EXCEPT AS OTHERWISE PROVIDED IN
THE AGREEMENT OR ANY SCHEDULES, HEAT 'SEEKER
SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT
(i) The respective obligations of HeatSeeker and
(c) This Agreement has been executed in the State of
CUSTOMER, which by their nature would continue
Minnesota and shall be governed by the laws thereof; and
beyond the termination or expiration of this Agreement,
Minnesota shall be the sole and exclusive forum for the
including without limitation, the obligations regarding
resolution of all disputes arising under or relating to this
confidentiality, limitation of liability, and
Agreement and all performance under this Agreement.
indemnification, shall survive the termination or
expiration of this Agreement.
(d) Failure of either party to enforce any of its rights
hereunder will not be deemed to constitute a waiver of its
future enforcement of such rights or any other rights. If
any provisions of this Agreement are held to be invalid,
illegal, or unenforceable under present or future laws,
such provisions will be struck from the Agreement or
amended, but only to the extent of their invalidity,
illegality or unenforceability. The parties will remain
legally bound by the remaining terms of this Agreement,
and will strive to reform the Agreement in a manner as
consistent as reasonably possible with the original intent
of the parties as expressed herein.
(e) HeatSeeker shall not, without the written consent of
CUSTOMER, assign or transfer this Agreement or any
rights or obligations hereunder. CUSTOMER shall not,
without the written consent of HeatSeeker, assign or
transfer this Agreement to asuccessor or affiliated
organization. In the case of any such assignment or
transfer, the assignee or transferee shall be bound by the
terms and obligations provided in this Agreement
(t) In no event will either party be liable or responsible to the
other for any type of incidental, punitive, indirect or
consequential damages arising from or relating to this
Agreement, including, but not limited to, lost revenue;
lost profits; replacement goods; loss of technology, rights
or services; loss of data; or interruption or loss of use of
Services or equipment, even if advised of the possibility
(j) Disclaimer of Warranty and Limitation of Remedies.
EXCEPT AS EXPLICITLY STATED IN THIS AGREEMENT
OR ANY SCHEDULES, THERE ARE NO WARRANTIES,
EXPRESS OR IMPLIED- BY OPERATION OF LAW OR
OTHERWISE, AND ALL SERVICES OR PRODUCTS
PROVIDED UNDER THIS AGREEMENT ARE PROVIDED
"AS IS" WTTHOU'r WARRANTY OF ANY KIND,
WHETHER EXPRESS, IMPLIED OR ARISING FROM
CUSTOM, COURSE OF DEALING Olt TRADE USAGE. TO
THE EXTENT PERMITTED BY LAW, HEATSEEKER
DISCLAIMS ANY IMPLIED WARRANTIES OF NON -
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE FOR ALL SERVICES AND
PRODUCTS PROVIDED UNDER THIS AGREEMENT.
EXCEPT AS MAY BE SET FORTH IN THE SERVICE
SCHEDULES AND APPENDICES ATTACHED TO THIS
AGREEMENT, THERE ARE NO EXPRESS OR IMPLIED
WARRANTIES INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE RESPECTING THIS
AGREEMENT AND SERVICES. EXCEPT AS
SPECIFICALLY STATED IN THIS AGREEMENT OR ANY
SCHEDULES, HEATSEEKElt DOES NOT WARRANT
THAT THE USE OF ANY SOFTWARE OR HARDWARE
PRODUCTS WILL BE UNINTERRUPTED OR ERROR -
FREE.
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, EXCEPT AS OTHERWISE PROVIDED IN
THE AGREEMENT OR ANY SCHEDULES, HEAT 'SEEKER
SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT
OR OTHERWISE FOR LOSS OF USE, INTERRUPTION OF
BUSINESS, LOST PROFITS, LOST DATA, OR ANY
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT,
INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND IN NO EVENT SHALL, THE TOTAL LIABILITY TO
CUSTOMER FOR DAMAGES OF ANY KIND EXCEED THE
AMOUNT OF THE SERVICES FEES PAID BY CUSTOMER
TO HEATSEEKER IN THE TWELVE (12) MONTH PERIOD
PRIOR TO THE- ACCRUAL OF THE ACTION OR CLAIM
FOR THE SPECIFIC SERVICE WHICH IS THE SUBJECT OF
THE ACTION OR CLAIM. HeatSeeker shall not be liable
or held responsible for impact or outage to Service
resulting from non- HeatSeeker operated equipment
including, but not limited to, Internet congestion and
failure.
(k) Limitation of Actions. No action, regardless of form,
arising out of the transactions governed by this
Agreement or the Agreement itself may be brought by
either party more than two (2) years after the cause of
action has occurred.
(1) Arbitration. While neither party expects to have any
disputes or claims relating to this Agreement, any
disputes or claims that arise will be submitted to and
determined by final and binding arbitration under the
rules of the American Arbitration Association.
Arbitration proceedings may be initiated by any party to
this Agreement upon notice to the other party and will be
conducted by three arbitrators in Minneapolis,
Minnesota; unless the parties agree to have the arbitration
proceedings conducted with a single arbitrator. The
notice must specify in general the issues to be resolved in
any such arbitration proceeding. The arbitrators will be
selected by agreement of the parties to the arbitration
proceeding from lists of five or more arbitrators proposed
by each party. If the parties to the arbitration proceeding
fail to agree on one or more of the persons to serve as
arbitrators within 15 days after delivery to each party
hereto of the lists then at the request of any party to such
proceeding, such arbitrators will be selected at the
discretion of the American Arbitration Association.
Where such arbitrators will determine that an arbitration
proceeding was commenced by a parry frivolously or
without a basis, or primarily for the purpose of
harassment or delay, the arbitrators may assess such party
the cost of such proceedings including reasonable
att'orney's fees of any other party. In all other cases, each
party to the arbitration proceeding will bear its own cost's
and its pro -rata share of the fees and expenses charged by
the arbitrators and the American Arbitration Association
in connection with any arbitration proceeding. Any
award or equitable relief granted by the arbitrators may
be enforced in accordance with the provisions of
Minnesota Statutes. Notwithstanding the foregoing,
nothing herein will prevent a parry from seeking and
obtaining equitable relief from a court of competent
jurisdiction pending a final decision of the arbitrators and
the proper filing of such decision with such court.
(m) Remedies for Breach. CUSTOMER recognizes that if it
violates any portion of this Agreement, irreparable
damage will result to HeatSeeker that could not be
remedied completely by an award of monetary damages.
As a result, Customer agrees that in the event of any
breach, or in the event of an apparent or impending
breach, HeatSeeker shall be entitled, in addition to any
other legal or equitable remedies, to an injunction to
restrain the violation of any and all such portions of this
Agreement, and for an awad ofHeatSeeker's costs,
including its attorneys' fees incurred as a result of having
to take additional actions to enforce this Agreement.
The undersigned parties have executed this Agreement the day and year first above written.
City of Shorewood HeatSeeker Technology Partners, Inc.
(Authorized Signature)
Print Name:
Print Name:
Title: Title:
Date: Date:
(Authorized Signature)
HeatSeeker ITS
ADDENDUM A
1. Description of Services:
HeatSeeker will provide Information Technology Services (ITS) to support the business needs of CUSTOMER. This
will include PI professional staff in a variety of disciplines required for startup and transition service to the HeatSeeker
ITS Infrastructure, equipment installation, proactive management and support, and special projects that may be requested
from time -to -time.
ITS Solution Package
The HeatSeeker ITS Solution Package for your business includes the following capabilities:
• ITS Managed Local and Wide Area Network
• Private network
• Customer public access network
• Wireless access and bridging
• Quality of Service enabled (QoS)
• ITS Managed Security
• Network OS & authentication services
• Anti-virus and anti - malware protection for qualified workstations
• Managed firewalls
• Secure private network
• Wireless security
• Network surveillance
• Secure data center
• ITS Internet Service
• Web site hosting & statistics (up to 1 GA included)
< FTP site hosting
• Domain name service hosting
• Internet access for subscribed locations
• High speed Internet access for servers located at data center
• ITS Secure Remote User Access
• Virtual Private Network over Customer provided Internet access locations for computers used away from
subscribed locations
• Connectivity to Company private network resources
• ITS Network Storage
• File servers
• Fibre Channel SAN
• ITS Network Backup
• Off -site backup retention
• On -line SAN snapshot recovery points
• ITS High Availability Data Center
• Protects company information and makes it available to multiple sites
• Redundant power
• Redundant cooling and environmental systems
• ITS Shared Secure Network File Server (up to 2 GB storage included)
• ITS Application Sharing Platforms
• MS SQL database platform (up to 2 GB storage included)
• PI'S E -Mail & Messaging Applications
(up to 200MB average per box included on an aggregated basis)
• Inbound e -mail SPAM filtering
• Inbound e -mail virus filtering
• MS Outlook interface
• Web based interface
• Smart phone integration
• Personal & shared scheduling
• Personal & shared folders
• Unified Inbound fax integration
• Unified voicemail integration
• Instant Messaging
• Presence indication for Instant Messaging and Email
• ITS Voice Applications
• Local service
• Long distance service
• 800 service
• Virtual PBX feature set
• Voicemail service
• Video enabled telephony
• Presence indication for telephony
• ITS Video Applications
• Video enabled collaboration
• ITS Monitoring
• 24x7x365 Automated monitoring of key system health indicators of infrastructure elements defined in this
Addendum
• 24x7x365 Problem resolution of infrastructure elements defined in this Addendum
ITS Network Access Port
HeatSeeker will provide a managed network access port to connect the CUSTOMER location to the HeatSeeker private
network cloud to enable access to other HeatSeeker services the CUSTOMER is subscribed to. HeatSeeker will provide
and manage all necessary network transport facilities and equipment required.
ITS SAN Storage
HeatSeeker will provide additional storage as may be necessary to aecomodate information CUSTOMER creates on
subscribed systems. Storage used above base levels specified in other related services, will be billed on a usage basis.
ITS Support Services
• 24x7x365 Access to HeatSeeker Ftelp Desk
• Desktop support services
• Special IT Projects as required
• Capacity and performance engineering and management
• Technical troubleshooting and problem resolution
• Escalation of support incidents to subject matter experts
• IT staff augmentation as needed
• IT management and planning services as needed
2. Service Fees:
The services ordered on this addendum will be provided at the locations and fees listed below:
HeatSeeker ITS Solution Price Schedule
HeatSeeker Technology Partners, Inc.:
Authorized Signature Date
Authorized Signature Date
Monthly
One -Time
Retorting
Location Name
Address
Item
Qt
Charles
Char es
City Hall
5755 Country Club Rd.
ITS Solution Package (10 to 14 Stations) *
1
$10,263
$718
Shorewood, MN 55331
ITS Network Access Port (3Mb)
1
$385
Public Works
24200 Smithtown Rd
ITS Freedom Office Package (1 -4 Stations)
1
$450
$169
Shorewood, MN 55331
ITS Network Access Port (7x1Mb fixed VPN over broadband
1
$125
$99
DSL Internet)
ITS Data Center
ITS SAN storage bulk upgrades — Gigabytes of SAN Storage
10
_
$24
I
— additional billed at $2.40 per GB
ITS Backup Storage— Gigabytes of retained backup storage—
1,000
$750
additional billed at $0.75 per GB)
ITS Additional Web Site Hosting
2
$30
All subscribed
ITS Support Services - includes up to 0 hours per month.
1
$0
locations
Additional hours billed at $135 per hour.
*Domestic interstate long distance for the contiguous 48 states and Minnesota intrastate long distance usage is free for unlimited usage. Canadian,
US, Extended Coverage, International, Directory Assistance, Operator Services and all other special calling services will be billed at actual cost. All
long distance usage will be billed in six second increments with 30 second minimum.
Final equipment and software configurations required to complete the implementation of the services described within this Addendum will be quoted
separately during the detailed design phase of the implementation based on final Customer requirements. As a requirement for HeatSeeker to provide
the ITS solution as described above, it is mandatory that the Customer maintain either replacement switch equipment at its premise or have contracted
for Cisco Smartblet equipment maintenance.
This Addendum is hereby made apart of the HeatSeeker ITS Master Agreement made as of April 1, 2013 between City of
Shorewood and HeatSeeker.
ADDENDUM ACCEPTED AND AGREED:
City of Shorewood:
HeatSeeker Technology Partners, Inc.:
Authorized Signature Date
Authorized Signature Date
#10B
MEETING TYPE
City of Shorewood Council Meeting Item
Regular Meeting
Title / Subject: 2013 AIS Inspection Program – Christmas Lake
Meeting Date: 11 March 2013
Prepared by: Brad Nielsen
Reviewed by:
Attachments:
Policy Consideration: Should the City take on the management of the AIS Inspection Program for
Christmas Lake for 2013?
Background: A couple of weeks ago, Administrator Joynes met with representatives from Carver County
and Joe Schneider with the Christmas Lake Association to discuss an AIS Inspection Program for
Christmas Lake for 2013. That discussion dealt primarily with the idea of a centralized, multi-lake
inspection concept like the one proposed last year. It sounds like there was some talk of having Carver
County provide Shorewood with inspectors until the centralized program became a reality. Since then
staff has spoken with Marty Walsh, who heads up the program in Carver County. He indicated that the
County’s own program has nearly doubled his staff’s work load and that his board did not direct him to
provide inspections outside of his jurisdiction.
Since the Watershed District has chosen not manage the inspection program for 2013, this leaves the
City to handle it. Hiring Volt, Inc., the company that provided inspectors last year, to perform inspection
services appears to be the only logical alternative available at this time. To our knowledge, the CLA is
again willing to cover the expense again for 2013. The City has applied for a MCWD grant which could
cover up to one half the cost of the program.
Financial or Budget Considerations: Last year’s program cost approximately $47,000, which was
covered by the MCWD and CLA. The City ended up contributing existing staff time and some incidental
funding for signs at the landing.
Options: Continue talks with Carver County and DNR regarding centralized inspections, and contracting
with Volt until the centralized inspection can be implemented; limit the inspection program to what can
be obtained through the DNR; or do nothing.
Recommendation / Action Requested: Assuming the CLA is willing to enter into the same agreement as
last year, it is suggested that the Council direct staff to work with Volt on a similar program as last
year’s.
Next Steps and Timelines: Continue discussions with Carver County and contact Volt to provide
inspection services for 2013.
Connection to Vision / Mission: Healthy environment.
Mission Statement: The City of Shorewood is committed to providing residents quality public services, a
healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial
management through effective, efficient, and visionary leadership. Page 1