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HomeMy WebLinkAboutResolution 5100 Z �, , i ' # , , � O� � � i O O � - CITY of ORONU . � � � . ti RESOLUTION OF THE CITY COUNCIL ��l �G~ . . �k'Esi;04 . . . NO. � :� � � A RESOLUTION AUTHORIZING THE CITY OF ORONO TO EXTEND AN AGREEMENT FOR THE USE OF , HENNEPIN COUNTY' S ELECTRONIC PROPIETARY DATA BASE VVHEREAS, the County has developed an electronic proprietar5r Qeographical information data base which was designed using an automated mapping facility soft«-are product, which proprietary geographical digitized data base is hereinafter referred to as "Electronic Proprietary Data Base" (EPDB) and which is described in the Hennepin County Conditional Use License Agreement attached hereto and hereby made a part hereof; and WHEREAS,the City of Orono desires to use the County's EPDB,and the City has retained the consulting engineering firm of Bonestroo Rosene Anderlik (BR.A)to pro�-ide services r to the City, and the City and BRA desire to use the County's EPDB in the course of conducting the City's business; and WHEREAS,the County intends that any additions and modifications to the EPDB �S relating to the County remain wholly compatible with the County's EPDB for the period of the copyright and information added to the data base by either the County or the City shall be made available to either party; and � WHEREAS,in acknowledgment of the Entity's above stated purpose,the County is agreeable to provide to the City and BRA access to the EPDB described in Exhibit a: and WHEREAS parties agree that the execution of this Agreement is neces�ary in order to adequately protect said EPDB; and WHEREAS on July 12, 1999 the City Council approved Resolution No.4321 authorizing execution of the Hennepin County EPDB Conclitional Use License AQreement; and NOW,THEREFORE,be it resolved that the City Council authorizes eYtension of the Hennepin County EPDB Conditional Use License Agreement through December�1, 2004. Adopted by the City Council of the City of Orono this 12th day of January, 2004 ATTEST: _..---.. �� � ,��-� � inda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 1 of 1 � . � .6 ,� � � � � o �.���x � � . . � . � . • . . r . . A�reementNo. A18439 .,- . � . . � � �]�N�TEPI�I COLTNTY . . . CO�IDITIO�tAL USE LICENSE AGREEMENT � � � . THIS AGREEi1�N'f,made by and between the COUN"rY OF��EPIN,Taxpayer ' Services Depar�nent, a body politic and corporate under the Iaws of the State of Minnesota, hereinafter referred to as the"County",a.nd the City of Orono,hereinafter referred to as the "Entity". For purposes of this A�eement,the address of the County is A703 Govemment Ceater,Minneapolis,Minnesota 55487-0073 and the address of Entity is 27�0 Kelley Pazkway, Crystal Bay,Minnesota 55323. . . ��IT3V�ESSETH . � • • ��IEREAS,the County has developed electronic forms of certain data bases and an electronic proprietary geo�aphical di?itized data base hereinafter referred to as"EPDB"; and WHEREAS,the Entity desires to use the County's EPDB in the course of conductin�the • . Entity's business; and � � . � � � . - . . Wi�REAS, in ackno�vled�.ment of the Entity's above-stated purpose,the County is ' � agreeable to provide to the Entity the EPDB,and . ti�IEREAS,the parties a�ree that the execution of tnis A�reement is necessary in order � to adequately protect said EPDB; and � � W�REAS,the County eYClusively otti-ns the EDPB which is the subject of this A�eement and has the authority and Iegal ri?ht to grant Entity a license to have and use the EPDB as provided in this A�reement; and . � `�REAS,the EPDB is trade secret or confidential information under the Minnesota. . Government Data Practices Act and is governed by I�Iinnesota Statutes sections 37�.86 and . 13.03 zs well as other applicable state and federzl la�v. � � �� � • NOtiV THEREFORE, in consideration of the premises, as well 2s the obligations herein made a.nd undertaken,the parties hereto,intendin�to be le�aIly bound,hereby a?ree z.s follows: • Form 1 (10/98) � � � • � Section 1 }• • SCOPE OF AGREEI��IT' ' . 1.1 T�is License A?reement sha1l apply to the EPDB,which Hennepin County will provide � . . � . . to Entity,after a specific request has been made to County. � � � Section 2 � GR��"T OF Lll�i IITED LICENSE 2.1 The Counry hereby grants the Entity a non-exclusive,nontransferable and nonassi�able li.m.ited use license to use the EPDB which includes self developed computer softwaze under Minn. Stat. § 37�.86. Said license shall commence on the.date of approval of�this AQreement by the County and shall extend throu�hout the term of the A?reement unless . tertni.nated sooner,in accor�nce with the provisions hereof. . Section 3 AC�.'�'OWLEDGI�IE�"T OF PROPRIETARY IiYFORi12ATI0\' � RESERVATIO�t OF TITLE � � 3.1 The Entity�cknowled�es and a�ees that the EPDB is the esclusive property of the • • County,includin�,but not Iinited to,any and all indexes,and includzs commercially � va.Iuable information which reflect the efforts of skilled development experts and required . the investment of considerabl� amounts of time and money,a.nd that the County has treated the EPDB as trade secret and confidential information,which County entrusts to � tae Entity in confidence to ue in the conduct of the Entity's business. The Entity further 2cknowled�es and a�rees the EPDB is a creative selection, coordination, arrangement ana nethod of arra.n�ement of da��vhich is identified as bein�subject to copyri�ht � protection; is self-developed computer softtivare under Minn. Stat. § 375.86 and is an entire or substantial and discrete portion of a pattem,compilation,method,technique, process, data base or system c�eveloped with sijnificant expenditure of funds by County . t:nder ItiSinn. Stat. § 13.03. The Entity a�ees that the County o�ti�ns and reserves all . �� ' . ri�hts,protection a.nd benefis afiorded under federal copyri�ht law in all EPDB furnished : to the Entity as unpublished��orks, as well as all ri;hts,protection and benefits�orded , i:nder any otuer law rzlating to confidential and/or trade secret information respecting said EPDB, �nd that the Entiy�rill abide by all relevant laws,niles,regulations and c�ecisions�vhich a�'ford protection to the County for its confidential and hade secret ' i�z.formation a.nd said copyri�ht. This A�reenent does not effect any transfer of title in�_ to a.ny EPDB of the County. The Endty acknowled?es tnat it is granted only a li.mited ri�ht of use of such EPDB,«$ich ri�hc is not coupled w-ith an interest, and the Entity shz1.I not assert nor cause or cooperate tivith others to assert any ri�ht,tide, or interest in � - �y EPDB of the Couaty. . • 2 � � ' � � � c� � Sechon 4 . . PROTECTION OF PROPRIETARY .I�i�'OR1�I.4TION � �r � 4.1 Obliaations of Confidentiality,Limitations of Use. The Entity s�a1l neither disclose, � . furnish;sell,rzsell,transfer,dupli.�:e,reproduce nor disseminate, ia�vhole or in part,the� � � EPDB of the County and its uniqu�desi�, arran�ement or method of arran�ement in i'ts . ' ' electronic form furnished to the EL'�ty to (1)any other person,firm,entity,organization, or subsidiazy, except as expressly�-?thorized hereunder; or(2) any employee of the Entity who does not need to obtain access taereto in connection with the Entity's exercise of its ri?hts under this A�eement.The ELtity may have and use the EPDB on a corporate-wide � basis and shall have the ri�hts to t::�the EPDB on a Limited number of sites,provided the equipment on which the EPDB is�a.int.�ined supports only equip�ent operated by tTie Entity a�d the EPDB is used only:�r the conduct of the Entity's_own intemal business by Entity employees. A1I employees�vin�access to the EPDB sha.1l be informed of the .. requirements contained in Section 4 herein. The Entity shall not ot�erwise copy or reproduce any EPDB of the Coun;•. Under no circumstances may tae entity disclose or . disseminate any EPDB to any oth�:public or private entity. The obli�ations of the Entity . to protect confidentiality which z�es�blished by tlus A�reement a�ply to the EPDB itself and not to any graphic repre..��ta*�on or products produced by tne Entity while usin�the EPDB. Any authorized consultants,con�actors or a�ents of Entity must properly execute and file a separ��EPt�B Conditional Use License A?reement with � � Hennepin Caunty. . _ . � The Entity�expressly a�rees to us��ne County's EPDB in the ordinary course of its • business and all such use shall be=a notice of copyri�ht by Hennepin County. 4� Secure Handling. The Entity sh�require that all EPDB be kept i�a secure location at 27�0 Kelley Parkway, Crystal Bar;1�T 55323 and maintained in a ma.rmer so as to reasonably preclude unauthorizec�:ersons from havin�access thereto. The Entity shall devote its reasonable efforts to en_.se tnat all persvns afford�d access to EPDB protect sasne a?ainst unauthorized use,�is.s�mination or disclosure. Entity z�rees it will not knotivingly or negli�ently allow i�employees,a�ents or independeat contractors to copy, � s�ll, disclose or ochenvise ma.ke ty�EPDB available to others. En�ity a�rees to unmediately notify the County b�teleF'�one and in�vritin� if En�i*y becomes ativare of _ , - any unauthorized duplication, sa?e or o'�er disclosure. Entity fur'��r a�rees to preverit � � unauthorized disclosure by ta.i:i.n=��propriate seeurity measures ir_cludin�,but not � Iimited to,providin�physical sec��-ity for copies of the EPDB a.nd ta.kin�all steps Entity ta.�:es to protect information,data a:ota�r tangible and intan�ible property of its own*�n�= Entity re�ards as proprietasy,co�=��enuz or nonpublic. Except fe�ofF site backup,t�.e Entiry shzll not remove or cause e_z11ow to be removed from the Entity's place of business or the place of business c:2.ny EPDB or any copy thereof�tiZthout the prior titiritten consent of the County,tiv��ch consent shall not be unreasoLably withheld. � • 4.3 Assistance of the Entity. At the r:quest of the Cou�ty and e�pe�e of the Endty,the � • Entity shall use good faith and re�onz5le efforts to assist the CoLty in identifying 2n� 3 'r . . .� • •• • '��� � �. � , . ! � • i ' . ' use, copyin�, or disclosure of any EPDB by any current or former Entity persQnnel--or• anyone else who may have cose in possession of said EPDB while the same was in the ' ' - � �ntity's possession—in any m�ner that is contrary to the�provisions of this Aereement , � � so lon�as the Cottety shall haz e provided the Entity�vith information reasonably . . .� justifyin�the conclusion of the County that such�contrary use may have occurred. � " 4.4 Surviyal of ConficlentialitS•Obliaations. The Entity's obli�ations respectin� • ' confidentiality of the EPDB shzll surti-ive termination of this A�eement for any reason and shall remain in effect for�Ion�as the Entity continues to possess or control any EPDB furnished by the Count::. In addition,the County shall remain entitled to enforce its copyright and propriety inter:sts in aIl EPDB. . Section 5 . . - TERZI,TERi1�iYATION � � � � � 5.1 The Entity and the COLNTY�ee that this A�eement is in effect during the period com.mencin?January 1, 1999 aad terminating December 31, 1999. This Agreement shall commence from the date hereof.u.*�less sooner terminated by either party�vith cause upon three (3) calendaz days' written notice to the other. The eYpiration or termination of this � . Aoreement shaIl automaticall�•�d without fu.*�ther action by the County temzinate and � extin�uish the Iicense, In the e�•ent of any such expiration or ternaination,the County • � • shall have.the right to take im�ediate possession of szid EPDB,and all copies thereof zvherever located, and tivithout e��mand or notice. SVithin five(�)days after expiration or termination of this A�eement�L�e Entity shall rehun the EPDB and alI copies thereof to the County, or upon request b�the County,the Entiry shz1l destroy all of the same and alI copies thereof and certify in titiTitin�to the County that the same has been destroyed. 5.1.1 It is a�reed that any ri;ht or re�edy provided for herein shall not be considered as the exclusive right or remedy but shall be considered to be in addition to zny other rijht or remedy hereunder or allo�ved br lativ, equity or statute. � 5.1.2 The County's failure to insist upon strict pecformance of any covenant, ajreement or • • � stipulation of tbe A�eement,or to exercise any ri?ht herein containzd shall not be a � . �vaiver or relinquish�nent of sc:ch co�•enaat,a�eement, stipulation or ri�ht, unless the ' County stipulates thereto in«�iun�. Any such w�rit�en consent shall not constitute a waiver or relinquishment of sLCh coti•enant, a�reement, stipulation or ri�ht. , . • � �I � ,• ' � •• , • ' � � � 0 I •- Section 6 : r _ LYJUi\'CTIYE RELIEF ' . 6.1 The Entity acknowled?es and a�ees that unauthorized disclosure or use of the EPDB or � � � � any part thereof could cause urepazable harm and s�anificant injury to the County,which • • . inay be difficult to measure�vith certairity or to compensate throui�h dama�es. : �� ' � Accordin�ly,the Entity a�ees that the County may'seek and obtain a�ainst the Entity , and/or any other person or entity injunctive relief a�ainst the breach or threatened breach of the foregoing underta'tin�s,in addition to any other equitabie or Ie?al remedies which may be ava.ilable. Section 7 OTHER TERti1S A.iYD COYDITIOYS 7.1 No Aaency. The parties hereto aze indepeadent contractors, and nothing herein shall be ' . construed to create an a�ency,j oint venture,partr�ership or other form of business association bztween the parties hereto. 7.2 No��aiver. No delay or omission by either paty hereto to exercise any ri�ht or power . occurring upon any noncompliance or default by the other party wzth respect to-any of the • . �terms of this A�reement shzll impair a.ny such right or potver or be construed to be a � . � waiver thereof unless the same is consented to in writin�.' A waiver by either of the � parties hereto of any of the covenants,conditions, or a�eements to be observed by the other sha11 not be construed to be a tivaiver of any succeedin�breach thereof or of any � covenant, condition, or agreement herein contai.ned. All remedies provided for in this Agreement shall be cumulative and in addition to,and not in lieu of, any other remedies available to either party at Ia�v, in equity,or othen��ise. 7� Governing Lasv. This A�reement shall be aovemed by and construed in accordance with the laws of the State of�linnesota. � •7.4 Entire Aareement. This License A?reement constitutes the entire Agreement between . the parties, and there are no understa.ndin�s or ajreements relatiye hereto other than those � that are e:cpressed herein. No chan�e,waiver, or dischazge hereof shall be valid unless in � �v:iting and executed by the parcy a�ainst whom such chan�e,waiver, or dischz.*�e is sou�ht to be enforeed. 7.5. I�'o Assignment. Neither party shall assi�n,sublet or transfer this A�reement,eitlzer in ��hole or in parc,without the prior written consent of the other party, and any attempt to do so shall be.void and of no force and effect. • 7.6 T�TE E�ITITY AGREES TS�T THE COtJNTY IS FURzti'ISH.C�'G THE EPDB O\* AN"AS IS"BASIS,'��ITHOUT AIti'Y SUPPORT�YSATSOEVER,AND - ' �YITHOUT REPRESEN"TATION OR A�Y EXPRESS OR 11.�IPLIED 5 � .S � • • �..,` � ' .. . . • • • , . -' Z�ARRANTIES,PICLUDIYG BUT NOT Itii'ANY I1/IANNER,LItii IITEIIrTO, • FITNESS FOR PARTICULAR PURPOSE,I�RCHANrABILITY OR T'HE � � �,CCUR.b,CY AND COI�IPLETEYESS OF THE EPDB. . , . . THE COITti�TY'S SOLE LIABILITY AND THE EI\'TITY'S EXCLUSNE � ' . , REI�IEDY FOR AI�rY SUBSTA�TL4L DEFECT��CH II�IPAIRS TAE USE OF � THE EPDB FOR TI3E PURPOSE STATED HEREIY S�ALL BE THE RIGHT TO TERtiII�,'ATE THIS AGREEIYIE�IT'. THE COITI�'TY DOES NOT ti�?.RR�"T THAT THE EPDB ARE ERRORFREE. THE EPDB��ERE DEVELOPED FOR THE COUNTY'S O��iY 1�TERNAL BUSINESS PURPOSES AND THE COUNTY DOES NOT REPRESEN3'THAT THE EPDB CAl�t BE USED FOR NAVIGATIONAL,TRACKIh'G OR ANY OTHER PURPOSE REQUIRPi IG EXACTIi�i G MEASUREI�IEr,T' OF DISTAIV CE - OR DIRECTIOr OR PRECISIOti'T.iY THE DEPICTION OF GEO GRAPHIC � � FEATURES. . �� . THE COIJ�tTY DISCLAII�IS As�iY OTHER ti�A1�R,A.NTIES,EXPRESS OR . I1�IPLIED,RESPECTTiYG THIS LICEI�TSE AGREEI�IENT' OR THE EPDB. . . 7.7 In no event shall the County be liable for actual,direct,indirect, special, incidental, ' consequential dama�es (even if the County has beea advised of the possibility of such.• � dama�e) or lost of profit,loss of business or any other financial loss or 2ny other dama�e ' arisin� out of performance or failure of performance of this A�eement by the County. � The County and the Entity ajree each wili be responsible for their own acts and . omissions under this A�reement and the�results thereof to the extent authorized by law and shall not be responsible for the zcts or omissions of the other party under the Asreement and the results thereof. The parties' rzspective liabilities shall be governed by � " the provisions of the Municipal Tort Claims Act,Minnesota Statutes Chapter 466, and other applicable law. lhis para�raph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obli?ations und�r this Aareement. 7.8 i�'otice. Any notice or demand shall be in writin�and sha1l be sent registered or certified . � , mail to the other pa.rty address as follo�vs: � . . � ; To the Entity: City o€Orono � . 27�0 Kelley Pazkway • Cry�tal Bay,MVi 55323 � . ' • 6 ,, , • � . � ' �i �. � o � . To Hennepin County: � :r � • Hennepin County Adm;n;�tor ' � — A-2300 Government Center (233) , � _ � . Minneapolis,NiN 5�487-0233 � � ' � � � � Copy to: . : Robert L.Hanson � . . , • . • - � Hennepin.County Chief Information Officer • A-1900 Government Center (190) . Minneapolis,112�i i 55487-0190 Cogy to: Patrick H.O'Connor Director,Taxpayer Services Departinent A-600 Govemment Center (060) . . � i�Iinneapolis,ItiN 55487-0060 7.9 �Yhereas Claus es. The matters set forth in the"Whereas"clauses on pa�e one of this A�eement aze incorporated into and made a part hereof by this reference. 7.10 Survival of Provisions. It is expressly understood and a�eed that the obli?ations and warranties of the Entiry under Sections 3,4,5, 6, 7.6,and 7.7 hereof and the obligations . and warranties of the Entity and the County which by their sense and context aze intended • . �to survive the performa.nce thereof by the Entity and the County, shall so survive the • completion of performance a.nd termination or cancellation of this A�reement. 7.11 Authority. The person or persons executin�this License A�eement on behalf of Entity represent that they are duly authorized to execute this License Ajreement on behalf of Entity and represent and warrant that this License A�eement is a le;al,valid and bindin� obli�ation and is enforceable in accordance�,vith its terms. • . 7 . - , • � �� • � , � ,; � �S. . ' � ' � COUNTY ADIILYIST'RATOR APPROVAL =r • � � = ENTITY,havin�signed this a�eement, and the County havin�duly approved this � . a�eement on the�day of 19,�,and pursuant to such approval,the proper . � County offcials havi.ng si�aed 's contract,the parties hereto a�ree to be bound by the .' provisions herein set forth. .' - . - � - � � � ; � ' Approved as to form � COUNTY OF��NNEPIN . and . ution STA F MINNES TA � - u By. . sistant o tto ey Assistant/Depu /County Administrator Date• CITY OF ORONO � By: . . • Mayor � � And: - < `�-�_ . ' City Clerk/ a�er ' • Form 1 (10/98) g � . � � � � � � �ao Hennepin County Taxpayer Services Department - . Survey Division, Suite A-703 612-348-3131,Phone � • Hennepin County Government Center www,co.hennepin.mn.us Minneapolis,Minnesota 55487-0073 December 10�2oos�� .._ ... . � _ _ .__ �_. �_. _ _ :.- _ �.. ___.-�.� �: . - . �' ._:� _ . . RECEIVED . . � : �.. . . . � �.. �..�. : -_- - . �.-:, : � _ -- � : . ._ . . -_��OEC r 9 2003 Greg Gappa, Director Public Service � . - .- -. _ .. � � " _ " _ City of Orono � � � ' � CITY OF pR�NO 2750 Kelley Parkway Agreement# A18439 Orono, MN 55323 Hennepin County desires to extend the above referenced EPDB Conditional Use License Agreement through December 31,2004. If you as a Go�ernment Unit, ConsultandThird Party or Private Corporation, desire to extend the above-raference Agreement,the following requirements must be satisfied as they pertain to your entity. Please return the required information to Hennepin County,Attention:Rvbert Moulder(at the address stated at the top of this page). A.� GOVERNMENTAL iTNIT MUST FURNISH TO TI�COUNTY A COPY OF THE ACTION OF USER'S GOVERNIlVG BODY AUTHORIZING THIS AGREEMENT EXTENSION. HOWEVER,IF AN OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN • AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED �BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. NOTE:SUCH OFFICIAL MiIST ATTACH TO THIS LETTER A COPY OF THEIR STATUTORY OR CHARTER�UTHORITY TO APPROVE THE AGREEMENTS. B.) CONSULTANT/THIRD PARTY MUST PROVIDE T'HE COUNTY A COPY OF AFFIRMATION BY GOVERNNIENTAL IT\TT THAT YOU WII,L CONTINUE AS CONSULTANT AS STATED LtiT AGREEMENT NO. . THROUGH THE YEAR 200-�. IN ADDITION, CONSULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKOWLEDGEME�IT AND RETL�RN ORIGINALS OF BOTH . TO THE COUNTY. . . C.) PRIVATE CORPORATION MUST SIGN THE ATTACHED SIGNATURE � PAGE AND ACKNOWLEDGEMENT AND RETURN ORIGIlVALS OF BOTH TO THE COUNTY. � • An EqualOpportunity Emp/oyer Recyclec=.:=>: As authorizedby the Agreement and noti.ng the above requirements,which pertain t�you speciically, please indicate below your intention to extend or not to extend this agreement throu�the year 2004. • Please return the originals of this page and the aclaiowledgement page and a copy of affirmation as ConsultantlThird Party,as required,to the attention of Robert Moulder at the addre�shown at�e top of ' page 1 as soon as possible. Please check (� appropriate box. . It IS our intention to eztend this agreement through the year 2004. It is NOT our intention to extend this agreement through the�ear 200�. � We no longer require this information. Signature• � Date: Authorized Signature Title: � ��/ �� ' If you ha've any questions about this notice,please call Robert Moulder at 612-348-?618 for assv-�nc� Sincerely, � i L'�'�i� �iG _ � . � �. ; � � � ' !SandraL.Vargas County Administrator Attachment • ' � � �0�� �s 1'f�.,v� Hennepin CountyTaxpayer Services Department c}� � �� � ��1.5 . Survey Division, Suite A-703 612-348-3131,Phone • Hennepin County Government Center � www.co.hennepin.mn.us -Minneapolis,Minnesota 55487-0073 . .__.. _ .- - . . __ . .. .. - . . � � � � . . _ . . _ . . . _ _.: . . . • - -• •- . December 10,2003 � . - - �-- -. -• -..- -- ._ ___ . _. . . � � � � .� : - - - . . :, .. ..... . .. .. . Tom Kellog . - . . . - ..- _ . .. .. . . : - - - . . . � . Bonestroo Rosene Anderlik 1(Orono) � � � � � � " 2335 West Highway 36 Agreement# A16839 St. Paul, MN 55113 Hennepin County desires to extend the above referenced EPDB Conditional Use License A�reement through December 31, 2004. If you as a Government Unit, Consultant/Third Party or Private Corporation, desire to extend the above-reference Agreement,the following requirements must be satisfied as they pertain to your entity. Please return the required information to Hennepin County,Attention: Robert Moulder(at the address stated at the top of this page). A.) GOVERNMENTAL UNiT MtJST FURNISH TO THE COUNTY A COPY OF � THE ACTION OF USER'S GOVERNING BODY AUTHORIZING THIS AGREEMENT EXTENSION. HOWEVER, IF A�V OFFICIAL OF USER IS AUTHORIZED BY STATUTE OR CHARTER TO APPROVE AN • � : . AGREEMENT OF THIS NATURE THEN THIS ORIGINAL LETTER SIGNED BY SUCH OFFICIAL AUTHORIZING THE EXTENSION MUST BE RETURNED TO THE COUNTY. NOTE:SUCH OFFICIAL MLIST ATTACH TO THIS LETTER A COPY OF THEIR STATUTORY OR CHARTER A UTHORITY TO APPROYE THE ' AGREEMENTS. B.) CONSLTLTANT/THIRD PARTY MUST PROVIDE THE COUNTY A COPY OF AFFIRMATION BY GOVERNMENTAL iJNIT THAT YOU WILL CONTINUE AS CONSULTANT AS STATED IN AGREEMENT NO. 3 �I THROUGH THE YEAR 2004. IN ADDITION, CO SULTANT/THIRD PARTY MUST SIGN THE ATTACHED SIGNATURE PAGE AND ACKOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. C.) PRIVATE CORPORATION MUST SIGN THE ATTACHED SIGNATURE � PAGE AND ACKNOWLEDGEMENT AND RETURN ORIGINALS OF BOTH TO THE COUNTY. • An EqualOpportuniry Employer Recycled Paper As authorized by the Agreement and noting the above requirements,which pertain to you specifically, please indicate below your intention to extend or not to extend this agreement throu�the year 2004. � • , Please retum the originals of this page and the acl�owledgement page and a copy of affirmation as Consultant/Third Party,as required,to the attention ofRobert'Moulder at the addreas shown at the top of ' page 1 as soon as possible. � Please check (� appropriate box. X It IS our intention to eztend this agreement through the year 2004. It is NOT our intention to extend this agreement through the}ear 2004. We no longer require this information. Signature:��,,,,,,,, � � Date• Z 25' 03 Authorized Signature ' Title• U/co �r��.��— ' If you have any questions about this notice,please call Robert Moulder at 612-343-2618 for assistance. Sincerely, � , • ����— � �/ j � l �. G ' (Sandra L.Vargas County Administrator Attachment � t � • � � � � Attachment • Extension of Conditional Use License Agreement# CORPORATE ACKNOWLEDGEMENT STATE OF M+��1 e yo-�'a ) . � COUNTY OF ��+n5 e On this 2q�'' day of �ece,mb2� ,20 03,before me h�a peazed �,Ienn R� CooK to me personally laiown, who did say that /she is the �I t � �t25i�yt f of B�n�rov� P,,oyene, Arder{.k Y.} ACS��'OG� IHGy the corporation described in and who executed the foregoing instrument; and that said instrument was executed on behalf of said corporation by authority of its Board of Directors or other Goveming Body; and he/she acknowledged said instruments to be the • free act and deed of said corporation. , �.�� �- �Sl� � Notary Public My Commission Expires ��31 20o y ■ �,titi�nnnnnnniv�n■ CATHERtyE R.WHITE -"�� kOTaar?tJ2lf'�ufNf7_S77A ��.-:'I,',' 61YC061Mi:SiL..:�P:RE51-31•2005 ■ ■ ' . /• . � °� . . . . 0 0 • �� � C ITY of ORONO � - : � , . ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESII�g'�G N AMEND� � � � �. ' A RESOLUTIO 200�FEE SCHEDijZE BE IT RESOLVED,by the City Council of the City of Orono, Minnesota that the ' 2004 Fee Schedule will be amended by re�-ising the follo�;ing fees: Revised water meter prices to chanQe from standard meters with remote readers to radio read water meters. Radio Read Water Meters � Fee 5/8" (3/4"x 7-1/2") Meter& Hom including sales tax ��89 $210.00 3/4" (3/4"x 9") Meter & Hom including sales tax �g $250.00 1" (1"x 10-3/4") Meter &Hom including sales tax $�-�9�:88 $320.00 Larger Size Meters ' Quote Basis � Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held • January 12, 2004. 'ATTEST: ��� A' U� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor • 1 .