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HomeMy WebLinkAboutSeptember 18, 2000 Work SessionCITY OF COLUMBIA HEIGHTS 590 4OTH AVENUE N.£., COLUMBIA HEIGHTS, MN 5542! -3878 (612) 782-2800 TDD 782-2806 Please note: City Hail Phone Numbers have changed. New numbers are: Main Number (763) 706-3600; TDD (763) 706-3692 ADMINIS TRA TION Mayor Gary L. Peterson Councilmembers Donald G. Jolly Marlaine Szurek Julienne Wyckoff John Hunter City Manager Walt Fehst NOTICE OF COUNCIL WORK SESSION Notice is hereby given that a Council Work Session is to be held in the CITY OF COL UMBIA HEIGHTS as follows: Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: COLUMBIA HEIGHTS CITY COUNCIL SEPTEMBER 18, 2000 7:00 P.M. CONFERENCE ROOM I WORK SESSION AGENDA Consent Items 1. Bad Check Recovery 2. 2000-2001 Police Department Equipment Block Grant 3. Purchase of Laptops, Printers, and Software from 2000 School Based Partnership Grant 4. Purchase of Laptops for replacement in Police squad cars Discussion Items 1. Consider Contract for sale of 4101 Central Avenue 2. Update of NEI project/Public Heating for TIF District on Sept. 25 The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) THE CItY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTU N ITY EM PLOYER CITY COUNCIL LETTER C I Meetin ~ of: September 25, 2000 AGENDA SECTION: ORIGINATING DEPT: CIT<f MANAGER .NO: FINANCE ~,/ APPROVAL ITEM: BAD C~IECK RECOVERY BY: William Elrit BY: NO: DATE: 09/12/2000 DATE: The City is currently writing off approximately $9,000 to $10,000 in bad checks on an annual basis. Over the years we have reviewed several alternatives and safeguards relating to accepting checks in the liquor operation, ranging from Telecheck, CheckMate, and other services, to various collection agencies for collecting the bad checks. On the front end, services suer as Telecheck and CheckMate are not cost- effective as their fees are excessively high and their database of bad checks is not kept current enough to catch the majority of the bad checks that come through the stores. Based on our review, we recommend entering into a contract with CheckRite Recovery Services, Inc. to attempt collecting on our worthless checks. Our current practice is to send letters to everyone who writes a bad check, and we receive a slight response to these letters. Under the proposed plan we would submit the check to the bank twice. Alter it is returned from the bank as uncollectible, we would turn it over to CheckRite Recovery Services, Inc. to attempt collection. Basically, this is the point where we would spend a significant amount of time sending letters to people and have very limited results in collections. Attached is a proposal from CheckRite Recovery Services, Inc. They will be turning over to the City the full amount they collect on the check and $4.00 of the service fee. It is staff's recommendation to enter into an agreement with CheckRite Recovery Services, Inc. for collection services on worthless liquor store checks. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with CheckRite Recovery Services, Inc. for check collection services. WE:sms 0009121 COUNCIL Attachment COUNCIL ACTION: BERNARD E. STEFFEN RICHARD A. MERRILL DARRELL A. JENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER JON E ERICKSON LAWRENCE R. JOHNSON DAVID A. COSSI THOMAS E MALONE MICHAEL E HURLEY HERMAN L. TALLE CHARLES M. SEYKORA DANIEL D. GAN'I'ER, JR. BEVERLY K. DODGE BGS Bama, Guzy & Steffen, Ltd. ATTORNEYS .AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (763) 780-8500 FAX (763) 780-1777 JAMES D. HOEFT JOAN M QUADE SCO'I-r M LEPAK STEVEN G. THORSON ELIZABETH A. SCHADING WILLIAM E HUEFNER BRADLEY A. KLETSCHER MALCOLM E TERRY KRISTI R. RILEY CHRISTOPHER DF LA FOREST MATTHE\V M. QUINN CHERYL A. JORGENSEN O/' Counsel ROBERT A. GU7Y MEMORANDUM TO: FROM: RE: DATED: Bill Elrite, Finance Director, City of Columbia Heights Jim Hoeft, City Attomey~~ CheckRite Contract September 7, 2000 Per your request I have reviewed the check recovery services agreement from CheckRite Recovery Services, Inc. regarding the liquor store NSF checks. Even prior to reviewing the service agreement, I was not too concerned about what that agreement might say simply because the only checks we are offering for collection through this service are checks that have gone through the bank twice and have not been collected. It is my further understanding that once a check has gone through the bank two times, and not been collected, there have really been no other efforts made to collect those dollars. Essentially, it appears that anything CheckRite can recover on these checks will be "found money." With that in mind, I did review the services agreement and do not have any concerns with the City entering into the Agreement. If you have any other questions or concerns regarding this matter, please do not hesitate in contacting me. 96894_1 An Equal Opportunity Employer CHECKRITE RECOVERY SERVICES, INC. CHECK RECOVERY SERVICES AGREEMENT 7050 Union Park Center · Sui*,' 200 · Midvalc. Utah · 84047 Subject to the terms and cxmditiuns of this Service Agreement md Schedule A, please enter my order for the services of CheckP, Jte Recovery Services, Inc. ("CheckRite") described bercin ("Services') for an initial term of one (1) ye. er. 1. CHECIO~ITE SERVICES. Aceording to the terms of this Agreement and Schedule A, CheckRite will furnish Merchant with the Services described herein. a) Merchant authorizes CheckRite to pursue recovery of-ti checks referred to CheckRite by Merchant, and CheckRite hereby agrees to attempt to recover all referred checks through CheckRJte's normal re. covery procedures. b) ChockRite agrees to ~mit to Merchant payment(s) received on checks successfully recovered. Merchant understands and CheckRite agrees that the intent of CheckRite, upon suceessful collection, is to remit the face value of ail checks, less any commissions due, directly to the Merchant. ~. LEGAL PROCESSING. Merchant agrees that CheckRJte may select the at~mey to handle any litigation on behalfofMerchant for the collection ofench check assigned. and make all fee arrangements between CheckRJte and the attorney, provided those arrangements are without any up-front cost to Merchant. Suit shall bc commenced either in the name of CheckRite or in Merchant's name. If suit is commenced in Merchant's name~ the Attorney shall be regarded as ~lerchant's ·ttorney. l~terchant acknowledges that once legal processing has begun, CheekRite will have advanced legal fees and court rom. Merchant agrees that if, after legal processing has begun. Merchant ac. cepts direct payment or ~ that legal action be discontinued, Merchant will become liable to and be required to reimburse CbeckRite for those fees and costs that CheckRite and its anomey have incam~. FEES. Merchant shall pay a Set-Up Fee in the amount as per Schedule A with the submission ofthis Agreement. Thereafter, merchant shall pay: a) A commission on all checks successfully re.x:ovmed, and such commission shall be based on the age ofthe dishonored check when received by Chec 'lcRite for processing, as per commission schedule in Schedule A; b) An Inventory Repo~ ftc to be paid each month as per Schedole A; c) An annual Postage and Handling fee as per Schedule A; and d) An annual Legal Processing fee as per Schedule A. In addition, Merchant shall pay all taxes 0ocal, stole and federal) and other charges incurred by CheckRite which may now or hereafter be imposed or levied upon the purchase, sale, lease, ownership, possession, use er control ofthe equipment or Services. Merchant shall promptly pay (or reimburse CheckRite for payment of) all such taxes upon receipt from CheckRite of an invoice therefore. Merchant hacby authorizes CheckRite to debit Merchant's business checking account for the fees set forth above and in Schedule A. Merchant agrees to provide a voided business check to CheckRite to allow for proper coding of bank trmsit number and direct deposit account number. Merchant warrants that its business checking account is held by · financial institution which is a member of the Automated Clearing House (ACH) network. lfCheckR~te is unable to collect applicable fees from the business checking account or unable to deduct thc amount from collected checks referenced above, k4erchant · grees to pay a one and one-halfper~nt (1 ½%) per month service charge on all such fees that arc not paid within thirty (30) days following receipt of any notice. Merchant egrees to reimbune CheckRite for all easts and expenses, including reasonable attorney fees, incurred by CheckRite in enforcing or defending this Agreement or actions taken pursuant to this Agruement including, but not limited to, the collection of any monies due CheckRite under this Agreement. In thc case ofnon-payment of applical)le fees, Merchant authorizes CbeckRite to deduct from its remittance any amounts due ChcckRite. All commissions duc CheckRits shall be deducted by CheckRite from amounts collected on behalf of Merchant before mmittanee of same to Merchant. 4. TERM AND TERMINATION. This Agreement shall remain in full force and effect for an initial term of one (I) year, beginning upon the date CheckRite executes the Agreement, and shall be automatically extended for successive one (I) year periods on the same terms and conditions expressed herein, or as ma)' be ·mended, unless either party gives the other party written notice of termination al least (30) days prior to the expiration of the initial term or any extension or renewals thereof or unless this Agreement is otherwise terminated as provided for herein. Immediately upon notice of termination by either party, Merchant will return to Checkl~ite all CheckRitc forms, equipment (if applicable), decals, and other supplies fumisbed by Checkl~Jte to Merchant. Merchant acknowledges that CheckRite will have invested labor, postage, collection forms, and other valuable consideration on each check processed, and that CheckRitc agrees to process to conclusion all checks received prior to termination. If Merchant elects to withdraw the checks from the collection process, Merchant shall pay CheckRite $10.00 for each check withdrawn. Checks withdrawn from legal processing shall he subjeet to a higher fee not to exceed $150.00 per check. S. USE OF THE SERVICES AND CHECK PROCESSING. Merchant ag~es to follow ali of the published instructions provided to Merchant by CheckRite from time to time. Merchant shall process all checks by forwarding to CI eckRite; a) The original of any check that has been dishonored by thc Customer's financial institution (no photocopies accepted). ASSIGNMENT OF CHECKS. Merchant shall assign to CheckRite, without recourse, all of Merchant's right, fl0e and interest in the check, including any rights TO treble or punitive damages permitted under applicable law and including the entire amoum of the check. Merchant shall execute and deliver endorsement, instruments and papers and shall do whatever is necessary to secure and defend those rights and shall do nothing TO prejudice those rights. Merchant shall cooperate with CheckRite in ~ pursuit of those fights, including suing or prosecution of the Customer under all upplleable laws. ?. NOTIFICATION OF PAYMENTS RECEIVED. Merchant shall notify Chex, kRite's Customer Service Department immediately by telephone of any payment r~cived directly on · check that has been assigned to CheckRite. SUM notification shall include the customer's identity. t SERVICE CHARGE NOTICE. lderchant shall display Check, Rite's service charge notice to Customers at each location in a prominent and conspicuous place to ensure that each customer has seen such notice. IK¢~,"dnt agrees to pay Checlcrite · ke equal to the amount of the servlee charges re.~overed, whether recovered by Merchant or by CheckRite. CONFIDENTIALITY: Merehan~ he~oy authorizes C"lm:kRJte to include checking account information obtained from checks referred to CheckRite by Merchant as part of the CheekR~ dam base. Merchant agnes End certises that any information derived fnsm access to the database shall he used only for check verification purposes. Merchant, its employees and agents, shall ue. lt as cunfldential all infonrmtion that comes to its atlention in the performance of its duties under this Agreement and shall utilize such information only for the duties and obligations contained herein. Merchant hereby agrees to indemnify and hold CbeckRite harmless from any liabilities erising out ofthe misuse ofCbeckl~te infonnatiun (including, but not limited to, any infommtion comained in the database) by Merchant and/or Merchant employees. t0. LIMITATION OF LIABILITY AND INDEMNIFICATION. Neither CheekRite (nor its parents, affiliates or subsidiaries) shall be liable for failure to provide thc Scrvioes if such fallu~ is due to any came or condition beyond its reasonable control. Such causes or conditions shall include but shall not be limited to acts of God or of the public enemy, ac'ts of thc Oov~nment in either its sovereign er contractual ~apucity, fires, floods, epidemics, quarantine restrictions, strikes, shortages of iaber or materials, freighl embargoes, unusually severe weather, electrieal power failu~s, unavoidable delays, telecemmunication flilu~s, or other causes beyond Check~te's control and neither CbeckRite (nor its parents, affiliates er subsidiaries) shall have liability for losses, expenses er damages, ordinary, special or consequential, resulting directly er indim:tly ftmn such eauees. CheckRite ag~es to use commercially n".nsonable efforts at all times to provide prompt and efficient services; however, C'heclcRite makes no warranties er representations regarding thc Services except as specifically stated in this Section 8. CheckRite shall use due eare in providing the Services hereunder. CheckRite shall not be responsible in any manner for errors or failures of any party other than those of CheekRite. This warranty is exclusive and is in lieu of all other warranties, and Merchant hereby waives all other warranties express, implied or statutory, Including but Imt Ilasited to, any warrlnty of merchantability or fitness for use for a particular purp4~e. Should there he an)' failure in performance er enors er omissions with respect to the Services, liability of CheckRite (including its parents, affiliates and subsidiaries) shall be limited to using cummetr. Jally raL~Onable efforts to cone. ct such failure ~.~ performance or errors or omissions, in no event, except set forth herein, shall CheckRite er its parents, ·ffiliates and subsidiaries Ix: liable to M: -chant er my third parties (including Merchant's customers) for any claim, loss or damage, ordinary, special or comequential, or otherw~, even ifCheckRite has been advised of the possibility of such damage. Due to the nature of the servlees being performed by CheckRJte, it is agreed that in no event will CheckRite (including its parents, affiliates and subsidiaries) be liable for any claim, loss, liability, ~on, cost, damage or expense eaused by CbeckRite's performance or failure to perform hereunder which is not reported by Merchant within thirty (30) days of such failure to perform or, in ~ event ora billing error,, ~ithin sixty {60) days of the earlier of (I) the date ofthe debit from Merchant's account, or (2) the date of invoice, cg ~ov~v o:.w9 Merchant droll indemnify and hold CheckR~ (ineludmg its parents, affiliams and subsidiaries) harmless from taxi against any and all liabilities, losses, damages, disputes, off, ts, claims, counterclaims or expenses asserted against CheckRite by any customer of Merchant or other par~y with regard to any check written to Merchant or to any Service provided hereunder or as a result of any brach ofthis Agreement by Merchant. Liability of CbeckRite (including ils paints, nffilisles and subsidiaries) in any and all categories and for any and all causes arising om of this Agreement shall, in thc aggregate, not exceed one (I) month's average billing to Merchant taken over the twelve {12) months preceding the month in which the damage or injury is ailcgcd to have occuned, but it'this Agreement has not been in effect for twelve (I 2) monl~ preceding such date, lhen over such fewer number of preceding months that this Agreement has been in effect. 11. RECOVERY IN F, XCESS OF FACE VALUE. All recovery over t~e face value of the check(s), including service chor~es, attorney fees, court costs and damages, wbethor court-awarded or by settlement, shall be retained by CbeckRite or its deaignated attorney. 12. ADVERTISING. Merchant shall use its best efforts to advertise the services provided by ChockRite, including CheckRite's trade name and logo in a form provided by CheckRite, with equal prominence to the displays oftrade names or Iogos of any other payment medis. 13. RESOLUTION AND CONFLICTS. CheckRite reserves the right to terminate this Agreement at any time upon written notice to Merchant. CbeckRite shall have thc right to offset amounts due Merchants for recovered checks against any amounts duc CheckRite. CheckRite's continuation of performance thereafter shall not constitute a waiver of any of CbeckRite's rights under this Agreement and the rights contained in Ibis parqraph shall be in addition to any other remedies at law or equi~% 14. NOTICES. Except as otherwise provided in this Agreement, any notice required or given under this Agreement shall be in writing and shall be deemed validly given twenty-four (24) hours aP, er deposit in thc first-class U.S. Postal Service mail, postage prepaid; or, if by other means of notification, upon actual receipt of delivery. All notices shall be addressed and delivered to the appropriate party at thc following offices: Presi~nt, CheckRite, '/050 Union Park Center, Suite 200, Midvale, UT 84047 and Corpormc Secretary, CheckRite, Two National Data Plaza, Atlen~ GA 30329-2010. CbeckRitc shall mail any notice in accordance with Ibis paragraph to thc address found in the "Merdmm Informs/ion" section of this same Agreement. 15. MODIFICATIONS. This Agreement ma), be amended only in writing signed by CheckRite and Merchant, except that {a) any published instructions regarding the Services may be changed upon ten (10) days written notice to Merchant or (b) CheckRite may mail to Merchant, at least ten (10) days in advance, either a notice describing amendments to this Agreement or an entirely new Agreement, which amendment or new agreement will be binding upon Merchant if it submits a check for recovery alter the effective date of such amendment or new agreement as set forth in CheckRite's notice. 16. MISCELLANEOUS. a) Neither party to this Agreement ma), assign its rights or obligations under this Agreemem withoul the express written consent of the other party, except that the obligations of CheckRite under this Agreement may be assigned, provided or fulfilled by an), parent, subsidiary, affiliate, successor-in-interest, or subcontractor of CheckRite. This Agreement shall be binding upon and shall inure to thc benefit oftbe parties hereto and their respective heirs, successors and nssigns. b) This Agreement shall be conatmed and interpreted in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions. c) This Agreement, Schedule A and others published instructions shall constitute the entire understanding between the parties and any other prior negotiations or prior agreements shall be considered a nullity. d) If any term, covenant or provision of this Agreement, or the application thereof to any person or circumstance, shall to an), extent be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of thc terms ofthis Agreement shall remain in full force and effect and shall in no way be affected or invalidated. e) The paflies, wishing to afford this Agreement maximum applicability to their reiatiomhip, therefore, agree to uphold its lgrms in any slate where thc same may be enforced. CbeckRite's failure to enforce or failure to insist upon suic~ compliance of any term of this Agreement shall not constitute a waiver ofshat term and shall not constitute a waiver of any other provisions of the Agreement. g) Whenever appropriate, as used herein, the singular denotes the plural and the masculine denotes the feminine. h) CheckRite assumes no responsibility for goods or services nol covered by this A~reement. 17. SERVICE OPTIONS. Notwithstanding the above provisions of this A~reement, CheckRim agrees to provide or acknowledge of the following options as checked heiow. a) REFERRED CHECKS. Sent to Checkrite for normal recovery procedures via; I~ Bank Forwarding [~ US Mail or Delivery Service b) ACKNOWLEDGMENTS, Reports shall be sero to Merchant by; [~ Mail [~ Fax. Fax #; c) REMITrANCES, On a monthly basis remittances will be; I~ Mailed ~o Merchan,, [~ Dei, osited Eiec~onically (ACH) to Merchant's Business Account. d) RECOVERY SERVICES. Checks referred for recovery services include; [~ Pm,existing Chocks ~1 Future Checks [~1 Non-Compliance Guarantee Checks e) INVENTORY REPORTS, [~ Yes, I elect in receive monthly inventory reports. I understand I will be billed the appropriate amount for thc type of report I choose. CHECKRITE RECOVERY SERVICES, INC. MERCHANT Signature Signature Printed Name Printed Name TiUc Date_ Title Date__. Schedule A Memhant Number Postnge and Handling Lega~ Pmcesaing Inventory Rglx~ Set-Up Fcc (Annual Fee) (Annual Fee) (Monthly Fee) [. 25 $ 2.5 $ ~ Corporate Name DBA (Commission Schedule) of the faf:eamounl ofebscksr~eivedwithinot upoe 30dsys from date of check. d~% of the f%e amoum ofchecksrueeh~d mom ~ban 30dnys from fl~edate of check. Address. City Contact Name(s) , State_ .Zip phone#:( ) Fax#:( ) Mailing Addre~ City State_ Zip__ Type of Business SIC Zip__ Rep Name: Rep Number: Pre-Existing Check Acknowledgement ;.,amber of Checks: Amoum of Checks: Special Instructions: CR.RECOVERY 01 -&~99 CITY COUNCIL LETTER Meetinl~ of September 18, 2000 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER~ NO. POLICE APPROVAL: ITEM: 2000-2001 Equipment Block Grant BY: Thomas M. Johnson,~tx BY: NO. DATE: September 6, 2000'~1~ DATE: BACKGROUND The U.S. Department of Justice has granted the Columbia Heights Police Department an equipment block grant for $21,578. To accept this grant, the City must agree to a match of $2,398. The department would like to use this money to pay for equipment that we could normally not afford. This would include miscellaneous training equipment, computer equipment, squad car equipment, officer safety equipment, etc. ANALYSIS/CONCLUSION At the present time it appears there would be adequate funds available in the 2000 Police Department budget to cover the match. The grant will be available to us early in 2001. RECOMMENDED MOTION: Move to accept the 2000-2001 Federal Law Enforcement Block Grant in the amount of $21,578 with a 10 per cent match in the amount of $2,398, to come fi.om unexpended funds in the 2000 Police Department general budget. TMJ:mld 00-214 COUNCIL ACTION: Print Application Page 1 of 1 Application was submitted on 30-AUG-00. LLEBG FY 2000 Application Date Certified: 30-AUG-O0 I Date Submitted: 30-AUG-00 Jurisdiction Information Columbia Heights City ANOKA MINNESOTA 16.592 Budget Information Eligible Award Amount: Final Award Match Amount: Matching Funds Amount: Description: $21,578 $2,398 State and Local Govemment $21,578 Units CEO Information Title: Name Prefix: Last Name: First Name: Mayor Mr. Paterson Gary Address: Telephone: Fax: Email: 590 40th Ave. NE 763-706-3607 763-706-3601 Columbia Heights, MN 55421-3878 Gary. Peterson<~ci.columbia- heights.mn.us [Program Contact Information Title: Name Prefix: Last Name: First Name: Police Chief Mr. Johnson Tom Addreee: Telephone: Fax: Emall: 590 40th Avenue Northeast 763°706-3755 763-706-3752 Columbia Heights, MN 55421-3878 Tom.Johnson@ci.columbia- heights.mn.us Application Details Date Agreed to Trust Fund Requirement: Applicant ia PSOHB Compliant: 30-AUG-00 Yes Date Agreed to SPOC Requirement: Date Agreed to SAA Review Requirement: 30-AUG-00 30-AUG-00 Date Agreed to Certifications: Date Agreed to A~surancea: 30-AUG-00 30-AUG-00 Cl°Se Wind°w I https://grants.ojp.usdoj.gov:8OO4/gms_u.../llebg_m: in.app_read_only?p_bgid=2&p-acti°n=Prin 9/4/00 CITY COUNCIL LETTER Meeting of September 26. 2000 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER ~"~'~'~ NO. POLICE APPROVAL: ITEM: Purchase of Laptops, Printers, and Software BY: Thomas M. Johnso~ BY: NO. From 2000 School Based Partnership Grant DATE: September 14, 2000 ~ ~/ DATE: BACKGROUND: In 1999, the Police Department wrote a grant to analyze assaultive incidents at Columbia Heights Senior High School. At this time it was decided we would need four laptops, two color printers, and GIS software to develop a survey of students and faculty and to develop statistical data to track and research incidents of assault at the High School. The costs of these items were included and approved in the Federal School Based Partnership Grant. ANALYSIS/CONCLUSION: To get the most value for the grant dollar, the department has researched where we can obtain the needed equipment and software for the best price. For the hardware we require, we looked at three different vendors: Comp USA, PC Solutions, and CDW. We determined that PC Solutions offers the best value for the hardware required for our grant. In researching our software needs, we only found two available vendors: Omega Group and Rowekamp Associates. We have determined that Rowekamp Associates offers the best value for our grant dollar in the software area. RECOMMENq)ED MOTION: Move to approve the purchase of four Toshiba laptop computers from PC Solutions in the amount of $9,966.65 including shipping and tax, and two Hewlett Packard 4500 DN color printers in the amount of $8,401.79 including shipping and tax. Also, move to approve the purchase of Crime View software from Rowekamp Associates in the amount of $17,480.43 including shipping and tax. Funds for these purchases to come from the 1999 School Based Partnership Grant Fund 279-42100-2011. TMJ:mld 00-223 CouNCIL ACTION: PRINTER,, LAPTOPS AND SOFTWARE PROPOSAL SEPTEMBER 2000 presented by the Columbia Heights Police Department to the Columbia Heights City Council TABLE OF CONTENTS Statement of Intent ........................................................... 1 Cost Comparison of the Printers, Laptops and Software ............................ 2 Information on the Printer ................................................... 3-8 Information on the Laptop .................................................... 9 Information on CrimeView ................................................ 10 - 14 Printer, Laptop and Software Research Background In 1999, the Police Department wrote a grant to analyze crime at Columbia Heights Senior High School. At this time it was decided we would need 4 laptops, 2 color printers and GIS software to analyze crime. In August of 2000, we sat down and decided what specifications the Police Department needs in these products. Speed, multiple paper bins, color, duplexing, and being a network came out as priorities on the printers. On the laptops we wanted to make sure they had enough speed and memory to handle the software that would be nm on them. The GIS software would be CrimeView the only GIS crime analysis software at this time. Upon compilation of this list, we started to contact sales representatives from Comp USA, PC Solutions and CDW. We gave the representatives from these companies our specifications and invited bids from them. Conclusion After receiving the bids, it was determined that PC Solutions was by far the lowest bid. PC Solutions offered a 2% discount for purchasing all products through them. Overall their bid for four laptops and two printers is $18368.44. This price does include tax, shipping and handling. PROPOSALS COLUMBIA HEIGHTS POLICE DEPARTMENT Company Printers Individual Price Total Purchase Total w/Shipp#zg and Tax Comp USA 4500 DN 3999.00 $7998.00 $8900.32 PC Solutions 4500 DN $4025.00 $8050 $8583.00 PC Solutions * 4500 DN $3944.50 $7889 $8401.79 CDW 4500 DN $3999.00 $7998.00 $8517.87 + SHIP Company Laptops Total Price Total Purchase Total w/Shipping and Tax Comp USA Toshiba 2345.42 $9381.68 $10060.56 PC Solutions Toshiba 2385.00 $9540.00 $10169.85 PC Solutions * Toshiba 2337.30 $9349.20 $9966.65 CDW Toshiba 2389.00 $9556.00 $10177.14 + SHIP Company Software Total Price Total Omega Group Crime View 19,995 $19,995.00 + Tax Rowekamp Associates Crime View 16,946 $17,480.43 No other vendors *PC Solutions offered a 2 % price break if we purchased all items through them. In addition there is a $9.75 shipping and handling charge per order. If we order all items at once we will only incur the $9.75 charge once. 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Great-Looking proFessionaL color documents, Faster. · 4-pages-per-minute (ppm) for full color · 16-ppm for black and white · 600-dpi engine with HP Image Resolution Enhancement technology (HP ImageREt 2400) · HP ColorSmart II automatically provides optimal color settings · Industry standard sRGB color management · Automatic color calibration ensures consis- tent, high-quality color over the life of the printer, in varying environmental conditions and between printers Eas~j connectivit~l and rnanageabiLiuj. * HP Web JetAdmin network printer management software makes it easy to install, configure, manage and troubleshoot network printers right from your desktop · HP JetDirect 600N (El0) Internal Print Servers provide a simple, reliable connec- tion tO all major network operating systems and network types · New expanded Control Panel messages identify potential issues and recommend solutions · Toner cartridges install quickly with no mess and no mistakes Low cost of ownership. · Leading cost per page · Competitive purchase price · HP Web JetAdmin saves network administrator time while increasing end- user productivity · Lower overall maint..~ance costs · Low energy consumption · Backed by HP Customer Care HP Color Laser Jet 4500 Series Printers How to choose the right HP Color Laser Jet 4500 Series printer. There are three models to choose h'om, each designed to meet the needs ora particular tupe of workgroup. Wags in which the model< dilTer From the base model are shown in red. Printer Application Memortj Network Enhancements HP Color Laser Jet 85- bg 14-inch 32 MB of RAH 4SOO general o~ce color printer Paper HandUng · TraU 1:150-sheet multipurpose input tratj supports envelopes through 8.5 bg 14, labels, can:l stock and special[U media · Tra~ 2: 250-sheet input tra~j supports AS through legal Optional Accessories · Printer cabinet with storage sheE · Auto-duplex unit· · 500-sheet Feeder HP Co[or Laser Jet 8.5- bU 14-inch 64 MB RAH HP JetDirect 6OON 4500 N general office (EIO) lO/'iOO Base-TX ne~ork-readtJ Internal Print Server color printer · Tratj 1:150.-sheet mu~purpose input tratj supports *,10 envelopes through 8.5 btj 14, labels, card stock and spedaLIU media · Tray 2: 250-sheet input tray supports AS through Legal · Printer cabinet with storage shelf · Auto-cluplex unit · 500-sheet Feeder HP Color La.~erJet 85- bg 14-inch 64 NB RAH HP JetDirect 6OON 4500 DN general office (EIO) 10/100 Base-TX network-readtj Internal Print Server ~ color printer Connectivitg Chart · Tratj 1: ISO-sheet mulrlpurpose input [rag supports ,,10 envelopes through 8.5 bU 14, [abels, card stock and special~j media · TraU 2: 2SO.-sheet input trag supports AS through Legal · TraU 3: SOO-sheet Feeder standard on DN supports BS through I. ega[ · Auto-duplex unit · Printer cabinet with storage shelf IPX/SPX · Novell NetWare v$.11.3..12, 4.0, 4.'1 · Novell NDS and NDPS · Microsoft* Windows' 95/Windows 98 Networking · Microsoft Windows NT' v3.51.4.0 · Novell IntranetWare TCP/IP · IBM AIX v3.2.5 and later HP-UX v10.2. 11.x ' Microsoft Windows NT · SunOS v4.1.3, v3.51, 4.0 DLC/LLC · IBM 0S/2 Warp v3.0. 4.0 · Microsoft Windows NT v3.SL 4.0 · Ar~Lsoft LANtastJc vT.0 EtherTa[k · Mac OS 7.1 or greater 4.1.4 · Microsoft Windows 95/ · Solaris v2.3, 2.4, Windows 98 Networking 2.$x. 2.6 - Ipd IBM 0S/2 Warp · MPE-iX vS.S v3.0, 4.0 · Mac OS v7.5.x. 8.'1 or ~reater (except J3112A Token Ring) HP CoLor LaserJet 4500 Series Printers HassLe-free network color printing for at[ gour business needs. HP CoLor Laser Jet 4500 DN The HP CoLor Lasedet 4500 ON printer features two EIO intenCace slots, an ECP paraLLeL C-connector, HP JetDirect 600N (EIO)Internal Print Servers, an auto-dupt, ex unit and a 500-sheet t:eeder. HP CoLor Laser Jet 4500 Series Printers Accessories (HP Drum Kit. TranEe' K~t and Fu.~e' K~O contain ~the neceua~ components need to maintain of tile p~nte~. HP Color Laser Jet 4500 Series Printers SpeciFications Printing Process · Four-toner dry-type laser electrophotography DutLj C~lcte · Up to 35,000 pages per month Warran~ · One-year onsite warranty · Enhance/upgrade basic warranty with I-[P Support. Pack Speed and Throughput" · 4-ppm full color: l$-ppm black and white · 133-Mfiz n~croproces~or · First page out in 36 seconds for full color printing; 26 seconds for black and white Resolution · True 600 x 600 dpi engLne · HP ImageREt 2400 uses a proprietary process to produce rnUlions of solid colors and photo-realistic images · I-[P ColorSmart Il provides automatic halftoning and color conttol based on data type · Industry standard sRGB color management · Automatic color calibration ensures consistency of color over time. between different printers and hq different environments Paper Handling · Standard I50-sheet and 25Chsheet input trays, plus an optional 500-sheet feeder for a total of 900 sheets · Optional auto-duplex unit* for double-sided printing up to 8.5 x 14 inches · Standard output trays: 250 face-down; lQ0 face-up (straight- through paper path) · 'Output full" sensor · Input trays/capacities/media sizes: Multipurpose tray tl - l§0-sheet capacity; 3 x 5 Lnch (su~aight- through paper path ordy) through 8.5 x 14 inches and up to 10 #10 envelopes · Tray #g 250-sheet capacity; A5 ~hrough legal · Tray #3 500-sheet capacity; B5 through legal · Paper input-level indicator · Auto-duplex unit* supports 17 to 28 lb paper Media Sizes · A4:210 x 297 mm; 8.3 x 11.7 in (printable: 201 x 288 mm; 7.9 x 11.3 in) · A5:210 x 148.5 tm'n: 8.3 x 5.8 in (printable: 198.1 x 138.1 mm: 7.8 x 5.4 in) · BS: 182 x 257 mm: 7.2 x I0. I in (printable: 176 x 250 mm: 6.7 x g.5 in) · Letter. 216 x 279 mm; 8.5 x I1 in (printable: 207 x 270 mm: 8.2 x 10.7 in) · Legal: 216 x 356 mm; 8.5 x 14 in (printable: 207 x 347 mm; 8.2 x 13.7 in) · Executive: 184 x 267 mm; 7.3 x 10.5 in (printable: 175 x 258 mm: $.g x 10.2 in) EnveLope Sizes · #10 common: 241 X 105 mm: 9.5 x 4.1 in (printable: 235 x 100 mm: 9.3 x 3.93 in) · Monarch: 191 x 98 mm; 7.5 x 3.9 in (printable: 185 x 93 mm: 7.3 x 3.7 in) · DL: 220x 110mm:8.7 x4.3in (printable: 214 x 105 mm: 8.43 x 4.1 in) · C5:229 x 162 mm: 9 x 6.4 in (printable: 223 x 157 mm: 8.8 x 6.2 in) · BS: 250 x 176 mm: 9.9 x 6.9 in (printable: 244 x 171 mm: 9.6 x 6.7 in) Media Tgpes · Papers: Copier. bond. recycled and HP Color Laser Jet Sof~ Gloss 4500/8500 Paper, HI) Laser Jet and lip MuJtipupose Paper · Specialty media: I-{P Color Laser Jet Transparencies and laser- quaU_fffted labels · Standard 150-sheet multipurpose input tray #1 accepts 60 to 135 g/mz, (1G to 3G lb) all sizes of media. 60 to 17G g/mz 06 to 4? lb) for media equal to or less than 148 mm (Sm in) width · Standard ZS0-sheet input ~'ay #2 accep~ GO to 105 g/mz (IG to 28 lb) paper Management * HP Web Jer. Admin printer management software--available from l-l~'s website--for simple installation, configuration. management and troubleshooting from a web browser · HP JetAdmin printer management software provides easy printer setup and use ·Pantone'"' application palettes available via HI) web site · TrueType' screen fonts · HP Fontsmart · HP Laser Jet Utility for Macintosh · SNMP- and industry-standard printer MIB-compiiant for network management capability Printer drivers for Windows 3.1, Windows 95. Windows 98. Windows NT 3.51 and 4.0: · PCL I-L° ColorSman II driver · PostScript* Level 2 emulation driver with HP ColorSmart II · Windows installer Printer drivers for 0S/2: · PCL driver · PostScript Level 2 emulation driver Printer drivers for Macintosh: · PostScript Level 2 emulation driver with HP ColorSmart II · Macintosh installer Connecdvi~j · ECP parallel C-connector interface · Two EIO interface slots for fast data transfer and modular expansion · Optional tiP JetDirect 600N (F. IO) Internal Print Servers for Fast Ethernet. Ethernet. Token Ring and LocalTalk environments · Most major network operating systems supported with appropriate lip JetDlrect 600N (EIO) Imernal Print Server card inserted into printer's EIO slot (see Connectivity Chart for specifics) · Automatic network protocdi switching allows printer to support more than one network operating system · A full line of third-party interfaces is also available, See the lap Connectivity Solutions Guide (p/n 5g$8-1256EUC) for a complete listing '~l'htou~hpuc is application file- and system-dependent. Optimal perfoemance achieved wl~ the most current software applications and HP drivers. recommeeded memory and [?O coeflBuratlon. ***Plnmns ln~.'$ check*.stm~:iard trademark for color. HP Cotor Laser Jet 4500 Series Printers SpeciFications Memortj HP Color Laser Jet 4500: · 3g MB RAM HP Color Laser Jet 4500 N and 4500 DIV.: · 64 MB RAM Ail HP Color Laser jet 4500 Series printers: · Memory Enhancement technology (ME0 · Three universal DIMM slots for maximum addressable memory Power Cor~sumption: Color printing: 300 watts Monochrome printing: 500 watts Idle (ready state): 140 wat~ ENERGY STAR Powersave mode: <45 watts Off mode: <Z watts Minimum Circuit Capacffy: 115 volts ~ 11 amps or 230 volts @ 5 amps capacity of up to 208 MB (3 x 64-MB DIMM) · Optional DRAM DIMMs in 4, 8, 16.32 and 64 MB Printer Languages · HP PCL 5c · PostScript Level 2 emulation · Automatic language switching · HP JetSend-enabled Control Pane[ · Backlit 2 x 16 display wRh rocker switches to go forward or reverse through the menus · Expanded help messages are available on control panel. Dimensions (H x W x D) lip Color Laser Jet 4500 and 4500 N: 390 x 500 x 570 mm (15.4 x 19.7 x 22.4 in) HP Color Laser Jet 4500 DAL: 567 x 500 x 708 nun (22.3 x 19.7 x 27.9 in) Weight lip Color Laser Jet 4500 and 4500 N: 50.8 kg (llZ lb) Htm Color Laser Jet 4500 DN: 73 kg {162.5 lb) providing easy-to-follow instructions for repairing problems or replacing consumables · 'Toner low' and "Toner out" messages for each color cartridge · Go and Cancel Job buttons · Language selection can also be done at control panel · Messages can be displayed in these 15 languages: Czech. Danish. Dutch, English. Finnish, French, German. Italian. Japanese (Katakana), Norwegian. Polish. Portugese. Russian, Spanish and Swedish Product Certifications UL and cUL listed. Nom-NYCE approved, and carries CE marking for EU EMC and Low Voltage Directives. Complies with IEC 950/EN 60950 and IEC 825-1/EN60825-1 (Class Laser Product/LED product); meets FCC and CISPR-22 Level B limits. Font Capabilities · 135 scaleable TrueType fonts (80 built in); all PostScript emulation and HP PCL-accessible · Languase font DIMMs available: Arabic. Traditional and Simplified Chinese. Cyrillic, Greek. Hebrew. Japanese and Korean · HP FontSmart software provides simple font management Intellifont and TrueType rasterizer built into liP PCL Sc Environmental Ranges Temperature/'or Printer Operating: 15' to 27' C (59° to 80.6' F) Storage: -20° to 40° C (-4' to 104° F) Humidi~y Operating: 10% to 70% RH Storage: 10% to 95% RH Acoustics · Operating Position: 1.57 dB (A) printing. L<49 dB (A) idle (per LSO 9296, DIN 45635. T. 19) · Bystander lin: L<52 dB (A) printing. L<45 dB (A) idle (per ISO 7779, DIN 45635. T. 19) · Sound Power:. L,,6.6 beis (A) printing. L=6.0 bels (A) idle (per ISO 9296) Power Requirements · Source: I00 to 127 volts (+/- I0%), 50/60 Hz (+/* 2 Hz) or 220 to 240 volts (+/* 10%). 50/60 Hz (+/- 2 Hz) · Printer*s voltage ranges depend upon the country in which the printer is purchased PACKAI=IO Expanding PossibiLities CoLor Laser Jet 4500 Series Ordering InFormation HP Part Number Prinmr C40aaA C4089A C4094A Supplies and Accessories C4195A C4196A C4197A C4198A C4235A Paper Handling C4083A C4082A MemortJ C4140A C4MIA C4~42A C4143A C3913A Toner C4191A C4192A C4193A CAI94A HP JetDirect 600N (EIO) Internal J3110A J3111A Interface and CabLes Support Pack HSa91A Description HP Color LaserJet 4.500 HP Color LaserJet 4500 N HP Color Laser Jet 4500 ON Drum Kit (imaging drum cartridge. Large air filter, sm~]. air fitter, hand wipe) (25,000 pages b~ck & white, 6.500 pages co[or) TransFer Kit (tran~er drum, transfer belz, transfer chart:jet, cleaning roller, charcoal, filter, hand wipe) (100,000 pages black & white, 25,000 pages color) llO-vott Fuser Kit (100,000 pages black & white, 50,000 pages color) 220-voit Fuser Kit (100,000 pages black & v/hire, 50,000 pages color) Printer cabinet with storage sheO: Auto-duple~ unit' 500-sheet Feeder 4--MB DIMM 8-MB DIMM 16-MB DIMM ~-MB DIMM 64,-MB DIMM BLack toner carmdge (9.000 pages) Cgan toner camidge (6,000 pages) Magenta toner cartridge (6,000 pages) YelZow toner camidge (6,000 pages) Print Servers For Ethernet IOBase-T (PJ-45) neO,~orks For Ethernet lOBa.me-T (RJ-4S)/lOBase2 (BNO and Local. Talk (DIN-8) neo~d~s For Toke~ Ring (DB9 & R J-45) networks For Fa~ Ethernet 10/lOOBese-TX (RJ-45) ne~orks (standard in HP Co~r L.a.~rJet 4500 N and 4500 DN) HP par~lel. C-connector cable 3-gear HP SupponPack *Whea autoaul)lex unit is potchased ~,parately for a Da~e anit a mlnleum of 40 MB of memory is requited HP Customer Care lip Color Laser Jet 4500 Series printers are backed by lip Customer Care. providing award.winning servtce and supDott solutions that keep you up and rennin8. HP Customer Care is available around the clock and around the world. If you have questions about HP Color Laser[et 4500 Series printers, there are a number of places you can turn to for answers: · HP Customer Care Online for convenient. 24-hour technical support at www. hp.com/go/support · liP's comprehensive portfolio of services at www. hp.com/go/prtntse rvtces · The I-{P Customer Care Center for fast. expert assistance by telephone: (208) 323-2551t. · lip Customer Care by Fax (lip FIRST) provides answers and fax support for hard~vare a~d software information 24 hours a day: (800) 333-1917'. · FIP Driver and Software Disu'ibution for option- al software solutions and printer drivers i'or most popular applications: (970) 339-7009', tT~ese services are ba~ed in [he United States. Outside the U.S.. call your HP regional office For tnfoernation on count'y.specific support. Microsoft, Windows and Windows NT are regis- tered trademarks of Microsoft Corporation. TrueType ts a U.S. trademark of Apple Computer Company, Inc, UNIX is a registered trademark of the Open Group. PostScript is a trademark or' Adobe Systems Inc. ENERGY STAR is a U.S. registered service mark of the United States Environmental Protection Agency. All other brand and product names are trademarks or registered trademarks of their respective companies. Year 2000 Compliance: I-{P Color laser. Jet 4500 Series printers are Year 2000 compliant. Preserving natural resources and minimizing waste ate part of HP's commitment to environmental stewardship. That's why all HP printers are 100 percent ENERCY STAR' compliant. ~ The irLi~ormation in this document is subject to change without notice. Printed in USA on recycled paper 9~98 © Hewlett-Packard Company 1998 5968-0226EUC 09/11/00 11:44 WYBRITE/PC SOLUTIONS (612)-588-6112 P. 001 September 1 !. 2000 Fax# 706 3752 1 Pa~e City of Columbia Heigh~ Police Department Atm. Jill Please accept this quote as an update / re bid of&e Toshiba Satellite Pro Model 4340 of my e-mail quote of 9/'//00: Toshiba Modal 4340 - Satellite Pro Notebook Computer include: .PII[ 650 Mhz. - 128 MB RAM - 12 GB l'~d Drive - 6x DVD - 14, !" TFT Screen - W'm 98 - AC Adapter and Lon8 Life Barter~ - $6k v.90 Modem - 2 Type flI Ca~! $~ots - 1 Year W~'ranty - Depot Purchase Price - $2385.00 ea. The price quoted above assumes a purchase quantit7 of six or more. Also as expimned in m~ e-mail of 9/7/00, this price will be reduced an additional 2% if the City chooses to order ~oth the notebook computers and one or more of previousty quoted HP Color Laser Printers. Ptease advise if any additional information cmn be h~ipful. Very truly your% loire Lind~ Voice 612 558-7501 ~xt 235 3~39 Washington Avenue North, Minneapolis, MN 55412 800. 542 ~ $063' 612.588~'7501 Fax: 612.$88-611z ROWEKAMP ASSOCIATES~ INC. Authorized Reseller of the Entire Suite of ESRI® Desktop Products 1601 E Highway 13, Suite 201 Burnsville MN 55337 (952) 882-4776 FAX (952) 882-4779 Proposal to City of Columbia Heights Police CrimeView Software, Tra~.ning and Technical Support September 6, 2000 SoI:rWARE 1 - ArcView 3.2 for Windows 1 - Shipping/handling 1 - ArcView Spatial Analyst Extension 1 - Shippin~andling 60 1 With each license you get: days technical support provided by ESRI coupon worth $50 off ArcView training provided by Rowekamp Associates (one coupon per person) 1 CrimeView 1.5 Unit Price Total Price $ 956 $ 956 $ 10 $ 10 $ 2,246 $ 10 N/C N/C $ 5,000 $ 5,000 TRAINING ArcView training consists of a two-day Introduction to ArcView class: 1 per student CrimeView training consists of a V2-day Introduction to FireView class: 4 per student (minimum of 4) $ 600 $ 275 $ 1,100 CONSULTING Implementation of CrimeView will require significant effort to prepare data files and to construct scripts for data downloading. The following is our estimates of the tasks required to accomplish this project and the associated costs. It is meant to be comprehensive, but we cannot predict with complete accuracy until we better define your needs: · conduct project planning meetings · create customized queries · create customized report templates · create customized incident legends · create Exception Report query and template · compile point-of-interest data and create theme · locate, evaluate and enhance street centerline file · dew'lop alias tables if necessary to enhance ge0coding · create city boundary theme · create land use themes (parks, schools, etc.) · create parcel theme from city or county data $ 400 $ $ 240 $ $ 480 $ $ 240 $ $ 240 $ $ 240 $ $ 960 $ $ 48O $ $ 120 $ $ 240 $ $ 240 $ 400 240 480 240 240 240 960 480 120 240 240 ROWEKAMP ASSOCIATES. INC. Authorized Reseller of the Entire Suite of ESRI® Desktop Products 1601 E Highway 13, Suite 201 Burnsville MN 55337 (952) 882-4776 FAX (952) 882-4779 · create street labels theme · create known offender theme · develop script to automatically download new incident data · convert historical incident data to CrimeView format · create System Administrator's manual · install system and conduct a final system test 120 $ 120 120 $ 120 4,000 $ 2,000 480 $ 480 480 $ 480 800 $ 800 TECHNICAL SUPPORT ArcView Following complimentary technical support, ESRI will provide technical support on a per call basis or for an annual fee 1' Per call basis $ 1 Annual fee $ 50 349 CrimeView The Omega Group, manufacturers of CrimeView, will provide unlimited, same day, phone support for any trained users of CrimeView. The support will also include sig'nificant cost reductions on software upgrades. 1 - Anllual fee (1st year is mandatory) $ 2,000 $ 2,000 TOTAL $ 16,946 Note: Prices do not include any applicable sales tax. This quote is valid for thirty days. Crime Vie w Reporting, Query, and Mapping Tools for Crime Analysis Today, community-oriented policing is creating the demand for targeting and reducing crime by using advanced mapping tools to access, display. and analyze police data. This data typically includes incident locations, known offender addresses, landmarks, police jurisdictions, and other relevant location-based information. The capability to integrate crime data with geo- ~aphic information system (GIS) software and data layers enables law enforcement personnel to establish patterns and trends. This information allows officers to be deployed where they are most needed. How can police departments with limited budgets and staff take advantage of this technol- ogy? The answer is CrimeView", an affordable and easy-to-use crime reporting, mapping, and analysis software application. CrimeView software is designed as a custom interface for the world's leading desktop GIS software, ArcView* GIS, from ESRI. ,McView GIS inte=wates mapping analysis tools with data management tools for access and analysis of location-based information. CrimeView was developed by The Omega Group. an ESRI Business Partner. CrimeView is easy to use and tailored specifically for crime analysis. CrimeView includes a built-in report writer, mapping, and analysis functions. Crime Incidents Within 1000 Feet of a High School January - June 1997 ' I i~.'q~-~ - ~ 1" POI.JCle REPORT De~ai~? of P~u't l Crime ~,.d Parolees Coo~c~ed of Pa. tl 1 Crime Users can point and click to display crime incidents by type, proximity, or other search criteria. CrimeView enables you to · Visualize incident patterns. · Prepare officer and citizen patrols for their shifts. · Identify trouble spots. · Improve officer safety. · Adjust beat boundaries. · Maximize limited resources. · Locate parolees and other registrants (Megan's Law). Map drug arrests by proximity to schools. · Identify accident-prone intersections. · Map repeat calls. · Create density maps. crimeviewTM GIS Solutions for Crime Analysis Dn.~ Re.tea Incicl~ Wlm~ a 1000 ~-oot I'~m:~k~ of I.~K~o~ Miaclle School I'~c~ Coas for Tn:~lc Coamons & C~'cn~'~ n New Rocr-~e. NY Auto ~efls in ~e Ch¥ of ReC, k=n~s: Night Sl~ift JC~u~ry-J~ne Days of the Week For more information about I~rimel/iew: Ptilm [6191481-3119 websltm mlw. tllel~ E-mill: mlll(~lailmeplrOltnm ~mVlm. it ma tiroqJom tie gaited States iv Law F.~omsmsm Jam to aurae, mort m men their cfllae ira. glle to comfldeat- I tile data displayed it flctieus er Ilas Ileem medlfled. Crime View Automates Your Analysis CrimeView walks users through individual tas 'ks and guides the user with minimal input. The application includes online help for all reporting, query., and mapping routines. Reporting Features CrimeView includes a full-featured report writer. Crime incidents, summary., and known offenders reports are provided. Additional custom reports can be developed for any data table. Instant Repons for any table can be generated on the fly. Reports can be exported in HTML format and can include linked tables, charts, bit maps, text files, and more. Query Features The power of GIS is its capability, to access and integrate different layers of information, such as incident locations, landmarks, beat boundaries, sweet addresses, and known offenders, to create unique views of information. Complex queries can be saved for future use. CrimeView helps users combine and display a variety, of location-based data such as · Incidents in a report area · Incidents near an address, landmark, or known offender (radius in feet or miles) · Known offenders near an address or incident · Crime density · Hot spot investigation · Day of week charting · User-defined routines Stolen-Roeove~cl Auto Linking Crime Analysis tJnit I~fl~D/of Traffic ~#isoofls anc~ ~e~oat Calls for OmnK Dmnng Mapping Features Any number of data layers can be incorporated into a view including Arc'view GIS shapefiles. ARC/INFO® coverages, AutoCAD® drawings. SQL connected data layers, and aerial photos. Any number of map layouts can be developed or produced on the fly, and templates can be saved. New Features in CrimeView Version 1,5! Omega has added these new features to CrimeView Version 1.5--auto theft analysis, exception reporting, time series animation, and density maps using ESRI's Mc'view Spatial Analyst. · Auto theft analysis--links auto thefts and auto recoveries, creates maps of linkages to determine geographic trends, and creates cross-tabulation for stolen/recovered locations by report area. Exception reporting--uses historical crime data to compare year-to-date statistics by crime type and geo~aphic area. Call to learn more about these new developments in GIS crime analysis including CrimeView Internet Map Server (CrimeView LMS). WORK SESSION, September 18, 2000 CITY COUNCIL LETTER Meetin~ of September 25, 2000 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER ~,~'~ NO. POLICE ( APPROVAL: ITEM: Request to purchase laptop computers BY: Thomas M. Johns~ ~ BY: NO. DATE: September 14,. 2000'~-~] DATE: BACKGROUND: In the 2000 Police Department Capital Improvement budget, the department included $14,500 to purchase two laptop computers, two modems, and two Gamber Johnson mounts, which will allow us to start replacing our original laptops purchased for our squads five years ago. ANALYSIS/CONCLUSION: The upgrading of MDT dumb terminals to dual function laptop computers has greatly increased the professional work product of our officers-not only on the street, but also those officers who are working in investigations, community oriented policing, and as a school liaison officer. By using laptop computers, we can enter data into the Laser fiche system in a faster digitized fashion. With our new shared records management system, officers will soon be able to obtain information or send information from any department on a subject or address from their squad car. It is the recommendation of the police department that we continue to offer our officers state of the art computer equipment to receive the most professional work product we can and to enhance officer safety. The department is recommending the purchase of the following items: Three Toshiba laptop computers Three Gamber Johnson computer mounts w/screen support Total $2,491.66 x 3 -- $7,474.98 $ 250x3 = $ 75.0.00 $ 8,224.98 + tax RECOMMENDED MOTION: Move to approve the purchase of three laptop computers and three Gamber Johnson computer mounts with screen support for $8,224.98 plus tax; funding for these purchases to come from the 2000 Capital Equipment Fund. TMJ:mld 00-235 COUNCIL ACTION: COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: September 18, 2000 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: 4101 Central Avenue BY: Walt Fehst BY: NO: Purchase Agreement DATE: September 15, 2000 DATE: Attached please find a Real Estate Purchase Agreement for 4101 Central Avenue and a Conflict of Interest Disclosure Statement. COUNCIL ACTION: REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made as of September ,2000, between City of Columbia Heights, a Minnesota municipal corporation ("Seller"), and Washbum-McReavy Funeral Chapels, Inc., a Minnesota corporation, or assigns ("Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy ~om Seller, the following property (collectively, "Property"): (a) Real Property. SeHer's interest the real property located in Anoka County, Minnesota described on the attached Exhibit A ("Land"), together with (1) all buildings and improvements constructed or located on the Land ("Buildings"), and (2) all easements and rights bene~~ng or appurtenant to the Land (collectively the "Real Property"). Personal Property. Seller's interest in all of the personal property situated in or about the Real Property owned by Seller, including without limitation, that described on the inventory attached to this Agreement as Exhibit B ("Personal Property"). (c) Leases. Seller's interest as lessor in all of the leases as described on the rent roll attached to this Agreement as Exhibit C ("Leases"). (d) Contracts. Seller's interest in the service and maintenance contracts, equipment leases and other contracts regarding the Real Property and the Personal Property described on the attached Exhibit D ("Contracts"). (e) permits. Seller's interest in the permits and licenses described on attached Exhibit E ("Permits"). (0 Warranties. Seller's interest in all warranties and guaranties given to, assigned to or benefithag Seller or the Real properly of the Personal Property regarding the acquisition, construction, design, use, operation, management or maintenance of the Real Property and the Personal ' Property ("Warranties"), if any. (g) Plans. Seller's interest in all Ori~nR|S and copies of the as-buih blueprints, plans and specifications regarding the Real Property and the Personal Property, if any, in Seller's possession ("Plans"). 2. Purchase Price end Manner of Paymem. The total purchase price ("Purchase Price") to be paid by Buyer to Seller for Interest as a tenant-in-common in the Property shall be Three Hundred Seventy-five Thousand and 00/100 Dollars ($375,000.00) and shall be payable as follows: (a) $5,000.00 as earnest money ("Earnest Money") to be deposiled in a m~ account of Commercial Partners Title, LLC ("Title") within three (3) days of the date of the last signature completing the execution of this Agreement. (b) The balance of $370,000.00 in certified check or wire transfer to the account of Seller on th~ Closing Date as hereinafter defined. 3. Continc, encies. 3.1 Buyer General Contingencies. The obligations Of Buyer under this Agreement are contingent upon each of the following: (a) Title. The status of title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (b) Condition of ProverW. Buyer obtaining, at Buyer's sole cost and expense, an engineering report suitable to Buyer stating that the Buildings on the Property are in sound condition. (C) Governmental Approvals. Buyer obtaining, at Buyer's sole cost and expense, adequate assurances from all appropriate governmental authorities that the Property can be used for Buyer's intended purposes. The sufficiency of the assurances must be determined by Buyer in Buyer's sole discretion. (d) Hazardous Waste. Buyer obtaining, at Buyer's sole cost and expense, an environmental assessment from an environmental engineer satisfactory to Buyer showing that the Property is free of contamination from any hazardous waste, pollutant or contaminant, including but not limited to asbestos, the release and clean-up of which is regulated by any federal, state or local governmental agency or entity. The sufficiency of the report shall be determined by Buyer in Buyer's sole discretion. (e) Documents. Within ten (10) days after the date of acceptance by Seller of this Agreement, Seller shall provide Buyer with the following items: (1) Complete plans and specifications of the building(s) located on the Property, if available; (2) Existing Plat and As-built survey of the Property, if available; (3) Current rent roll, listing the names of each tenant, occupancy date, apartment number, apartment rent, garage rent, if any, and security deposit held by Seller; (4) Seller shall make available for Buyer's review complete copies of all leases, addenda to leases, and security deposit agreements; (5) Complete copies of all engineering reports, and any subsequent updates, if any; (6) The most recent Annual Tank Certification on the fuel oil Umk, if any; (7) Copy of existing Phase I Environmental reports and any subsequent reports or updates, if any; (8) Copy of the fuel tank soil test reports, if any; (9) Complete copies of all service and employment contracts of any kind or nature affecting the Property, including management agreement, caretaker contracts and service contracts, if any, such as rubbish removal; -2- (10) True and correct copies of all insurance coverage maintained by Seller on the Propert).', which e.overage SeLler shall keep in full force and effect until the date of closing; (11) A complete statement of operating income and expense for the years 1995, 1996, and year to date 1997, and Seller's certification that all available documents have been supplied, and a listing of documents not available; (12) M.A.I appraisal, if any; (13) Copy of the most recent real estate tax statement. The "Contingency Date" shall be September 29, 2000. If any such contingency has not been satisfied on or before the stated date, then this Agreement may be terminated, at Buyar's option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination, the Earnest Money and any interest accrued thereon shall be released to Buyer and upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by not exercising its fight to terminate this Agreement. Seller shall allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's appraisal, investigation and testing the same. Buyer shall pay all costs and expenses of such appraisal, investigation and testing and shall hold Seller and the Real Property harmless from all costs and liabilities relating to the Buyer's activities. Buyer shall further promptly repair and restore any damage to the Real Property caused by or occurring during Buyar's testing and return the Real Property and/or Personal Property to substantially the same condition as existed prior to such entry. 4. Closiniz. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on September 29, 2000, or at such other time mutually agreed to by Buyer and Seller (the "Closing Date"). The Closing shall take place at 9:00 a.m. local time at the office of Baron, Guzy & Steffen, Ltd., or at such other place as may be agreed to. Seller agrees to deliver possession of the Property to Buyer on the Closing Date, subject to the rights of tenants under the Leases in their capacity as tenants. Buyer shall be entitled to extend the Closing Date for an additional 30 days in the event Buyer needs additional time to satisfy requirements of any lender. A. Seller's Closin~ Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively "Seller's Closing Documents"): (1) Deed. A Warranty Deed, in form reasonably satisfactory to Title, conveying the R~al Property to Buyer, free and clear of all encumbrances, except the Permitted Bncumbrances hareafter defined. Bill of Sale. A Warranty Bill of Sale, in form reasonably satisfactory to Buyer, conveying the Personal Property to Buyer, free and clear of all encumbrances. (3) Assignment of Leases. An Assignment of Leases, in form reasonably satisfactory to Buyer, conveying the Leases and any security deposits, prepaid rents or collections regarding the Leases to Buyer, fee and clear of all encumbrances. -3- (4) Assignment of Contracts. An Assignment of Contracts, in form reasonably satisfactory to Buyer, conveying the Contracts to Buyer, flee and clear of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. (5) Assimament of Permits. An Assignment of permits, in form reasonably satisfactory to Buyer, conveying the Permits to Buyer, free and clear of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. (6) Assignment of Warranties. An Assignment of Warranties, if any, in form reasonably satisfactory to Buyer, conveying the Warranties to Buyer, free and clear of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. (7) Revised Rent Roll. A revised rent roll certified as to its accuracy by Seller as of the Closing Date. (8) Notice to Tenant. Notice to the tenant under the Leases, in form reasonably satisfactory to Buyer, advising them of the sale of the Property and directing them to make future lease payments to Buyer at the place designated by Buyer. (9) Title Commitment. A Commitment for Title Insurance, or a suitably marked up Commitment for Title Insurance initiated by Title. (lo) Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptties against or involving Seller or the Real Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and that there are no other unrecorded interests in the Real Property, together with whatever standard owner's afffidavit and/or indemnity (ALTA Form) which may be required by Title to issue an Owner's Policy of Title Insurance. (11 ) Certificate(s) of Occupancy. One or more certificates of occupancy issued by the appropriate governmenial body authorizing the use of the Real Property for the purposes now used. (12) Security Deposits and Prepaid Rents. All security deposits together with accrued interest thereon and prepaid rents under the Leases, including valid transfers of any noncash securities or documents held for such purposes, if any. (13) Original Documents. Original copies of the Leases, the Contracts, the Permits, the Warranties, the Plans and the Records in Seller's possession. (14) FIRPTA Affidavit. A non-foreign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445C0)(2) and its regulations. (15) IRS Reporting Form. The appropriate Federal Income Tax reporting form, if any is required. (16) Other Documents. All other documents reasonably determined by Title Insurer or Lender to be necessary to transfer the Property to Buyer flee and clear of all encumbrances. B. Buver's Closin~ Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): (l) Purchase Price. The cash portion of the Purchase Price, by wire transfer.of U.S. Federal Funds, or by certified check to be received in Title's trust account and/or delivered to Seller at the closing on the Closing Date together with the Note. (2) Title Documents. Such affxdavits of Purchaser, Certificates of Value or other documents as may be reasonably required by Title in order to record the Sellers Closing Documents and issue a Title Insurance Policy. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: (a) Title and Closinlz Fee. Seller will pay all costs of the Title Evidence and the fees charged by Title for any escrow required regarding Title Insurer's Objections. Buyer will pay all premiums required for the issuance of the Owner's Title Insurance Policy and any mortgagee's Title Policy required by Lender. Seller and Buyer will divide equally the closing fee or charge imposed by any closing agent designated by the Title Company. (b) Deed Tax. Seller shall pay all slate deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. (c) Real Estate Taxes and Special Assessments. Seller will pay, on or before the Closing Date, all special assessments levied, pending or constituting a lien against the Real Property as of the Closing Date including without limitation any installments of special assessments including interest payable with general real estate taxes in the year of Closing. General real estate ~xes and installments of special assessments payable therewith for the years prior to Closing will be paid by Seller. General real estate taxes payable in the year of Closing shall be prorated by Seller and Buyer as of the Closing Date based upon a calendar fiscal year. Seller shall pay all deferred real estate taxes or special assessments which may become payable as a result of the sale contemplated hereby. To the extent that levied assessments cannot be partially prepaid, Seller shall credit buyer at closing the Seller's proportionate share of such assessments. (d) Basic Rents. All basic rent and other charges under the Leases will be prorated as of the Closing Date. If at the Closing Date a tenant under any Lease is delinquent in any payment required of it, then to the extent Buyer receives from such tenant mounts in excess of the payments due Buyer pursuant to this Agreement, Buyer will remit such mounts to Seller. However, Buyer will have no obligation to seek or collect any such payments and will only be obligated to make such payment to Seller after Buyer is fully paid for all mounts due it. (e) Security Deposits. All security deposits paid by tenants pursuant to the rein roll, plus interest thereon, shall be paid to Buyer by Seller at closing. (0 Recording Costs. Seller will pay the cost of recording all documents necessary to establish title in Seller as required by this Agreement. Buyer will pay the cost of recording all other documents. (g) Other Costs. All other operating costs of the Property, will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that pan of such operating costs payable from and after the Closing Date. -5- (h) (a) (b) Attomev's Fees. Each of the parties will pay its own attorneys fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys' fees and court costs incurred by the non-defaulting party to enforce its rights regarding such default. 6. Title Examination. Title Examination will be conducted as follows: Seller's Title Evidence. Seller shall furnish the following (collectively, "Title Evidence") to Buyer: O) Title Insurance Commitment. Within twenty (20) days of the date of this Agreement, Seller shall came to be delivered to Buyer, at Seller's expense, a commitment for title insurance, issued by Title, properly certified, including proper searches covering bardcruptcies, state and federal tax liens, judgments, unpaid taxes, assessments and pending assessments. (2) ALTA/ACSM Land Title Survey. Seller shall deliver to Buyer, at Seller's sole cost and expense, within 30 days after the execution of this Agreement, a currently certified ALTA/ACSM Land Title Survey meeting minimum standard detail requirements for an urban survey (1992). (3) UCC Searches. A report of UCC Searches made of the Uniform Commercial Code records of the Secretary of State of Minnesota, made by said Secretary of State, or by search finn acceptable to Buyer, showing no UCC filings regarding any of the Property. Buver's Objections. Within 20 days after receiving the last of the Title Evidence, Buyer will make written objections ("Objections") to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of Objections. Any matter shown on such Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed as necessary. Seller shall use its best efforts to correct any Objections. If the Objections are not cured within such 60-day period, Buyer will have the option to: (1) Terrainate this Agreemere and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any, and, in such case, the parties agree to sign a Cancellation of Purchase Agreement; or (2) Withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Ti~e, pending such cure. If Seller does not cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attorneys' fees) against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Ti~e, and Seller agrees to pay the charges of Title to create and administer the escrow. (3) Waive the objections and proceed to close. -6- 7. Oreration Prior to Closing. During the period from the date of the Seller's acceptance of this Agreement to the Closing Date (the "Execntory Period"), Seller shall operate and maintain the Propert), in the ordinal/course of business in accordance with prudent, reasonable b~siness standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstom and other hazards, casualties and contingencies, including vandalism and malicious mischief. Revresentations and Warranties by Seller. Seller represents and warrants to Buyer as follows: (a) Title to Real Property. Seller owns the Real Property, free and clear of ail encumbrances except the first mortgage which will be assumed by Buyer at the time of Closing. (b) Title to Personal Property. Seller owns the Personal Property free and clear of all encumbrances. (c) Leases. Seller has made available to Buyer a correct and complete copy of each Lease and all its amendments. The information regarding the Leases contained in attached Exhibit C is correct and complete as of the date of this Agreement. Except as noted by Seller, the Leases are in full force and neither Seller, nor any tenant, is in default under the Leases. There are no other leases or possessory rights of others regarding the Real Property. The term of each lease is for a month to month tenancy. (d) (~ontractS. To the best knowledge of Seller, Seller has made available to Buyer a correct and complete copy of each Contxact and its amendments. To the best knowledge of Seller, the Contracts are in full force and neither Seller, nor any other party to the Contracts, is in default under the Contracts. All other contracts in effect regarding the Property are terrainable on or before the Closing Date. (e) permits. To the best knowledge of Seller, Seller has made available to Buyer a correct and complete copy of each Permit and its amendments. To the best knowledge of Seller, the Permits are in full force, and Seller is not in default under the Permits. (f) Certificates of 0ccunancv. Seller has received no notice of actual or threatened cancellation or suspension of any certificates of occupancy for any portion of the Real Property. (g) Assessments. Seller has received no notice of actual or threatened special assessments or reassessments of the Real Property. Environmental Laws. Seller hereby represents and warrants that, to the best of Seller's knowledge, the property is free 0fhAT~rd0us substances and is not subject to any "super fund" type liens or claims by governmentai regulatory agencies or other third parties arising from the release or threatened release ofh~Tnrdous substances in, on or about the property. Seller also represents and warrants that it hA~ not used the property in connection with the generation, disposal, storage, treatment or transportation ofh~7~rdous substRIlCeS. (i) Riithts of Others to Purchase Property. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of fu'st refusal or options to purchase the Property or any other rights of others that might prevent the cousnmmation of this Agreement. Seller's Defaults. To the best knowledge of Seller, Seller is not in default concerning any of its obligations or liabihties regarding the Property. -7- FIRPTA. Seller is not a "foreign person", yforeign parmership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. (1) Proceedings. To the best knowledge of Seller, there is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. (in) A~ents and Emvlovees. No management agents or other personnel employed in connection with the operation of the Property have the right to continue such employment after the Closing Date. There are no claims for leasing commission or other payments with respect to the existing Property, including leases which will survive and remain unpaid after the Closing Date. (n) Condition. As of the Closing Date all plumbing and electrical will be in working order. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing. Each of the representations and warranties herein contained shall survive the Closing. Except as herein expressly stated, Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any representation of Seller or other person and is agreeing to accept and purchase the property "as is, where is" subject to the conditions of examination herein set forth and the express warranties herein contained. Consummation of this Agreement by Buyer with knowledge of any such breach by Seller will constitute a waiver and release by Buyer of any claims due to such breach. 9. Representations and Warranties by Buyer. Buyer represents and warrants to Seller that Buyer is a corporation in good standing under the laws of the State of Minnesota; that Buyer is duly qualified to transact business in the State of Minnesota; that Buyer has the requisite power and authority to enter into this Agreement and the Buyer's Closing Documents signed by it; such documents have been duly authorized by all necessary action on the part of Buyer and have been duly executed and delivered; that the execution, delivery and performance by Buyer of such documents do not conflict with or result in violation of Buyer's organizational documents or any judgment, order or decree of any court or arbiter to which Buyer is a party; such documents are valid and binding obligations of Buyer, and are enforceable in accordance with their terms. Buyer will indemnify Seller, its successors and assigns, against, and will hold Seller, its successors and asiigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after closing. Consummation of this Agreement by Seller with knowledge of any such breach by Buyer will constitute a waiver and release by Seller of any clairnn due to such breach. 10. Name of Building. Seller agrees that it will relinquish and transfer to Buyer on the Closing Date, all rights to designate the name of the Building and agrees that Buyer shall have the right to continue the nse of the present name. 11. Damage. If, prior to the Closing Date, all or any pan of the Property is substantially damaged by fire casualty, the elements or any other canse, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days alter Seller's notice), this Agreement shall terminate, in which event neither party will have any further obligations under this Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer. If Buyer fails to elect to terminate despite such damage, or if the Property is damaged but not substantially, Seller shall promptly commence to repair such damage or destruction and return the property to its condition prior to such damage. If such damage -8- shall be completely repaired prior to the Closing Date then there shall be no.reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceeding t9 r~pair, then Seller shall complete the repair after the Closing Date and shall be entitled to receive the proceeds of all insurance related to such damage after repair is completed; provided, however, Buyer shall have the right to delay the Closing Date until repair is completed. If Seller shall fail to diligently proceed to repair such damage then Buyer shall have the right to require a closing to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced by the cost of such repair or at Buyer's option, the Seller shall assign to Buyer all right to receive the proceeds of all insurance related to such damage and the Purchase Price shall remain the same. For purposes of this Section, the words "substantially damaged" mean damage that would cost $100,000.00 or more to repair. 12. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any pan of the Property, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Seller's notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement and the Earnest Money together with any accrued interest, shall be refunded to buyer. If Buyer shall fall to give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate cotmsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent. 13. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, cosis or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorney's fees. 14. Survival. All representations and warranties contained in Paragraphs 8 and 9 of this Agreement shall survive the Closing of this transaction. 15. Notices. Any notice required or pertained to be given by any party upon the other is given in accordance with thj. s Agreement if it is directed to Seller by delivering it personally to an officer 6f Seller, or if it is directed to Buyer, by delivering it personally to an officer of Buyer, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: IftoSeller: City of Columbia Heights ATTNL~ Cily Manager 590 40 Avenue NE Columbia Heights, MN 55421 with a copy to: James D. Hoeif, Esq. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 If to Buyer: Washburn-McReavy Funeral Chapels, Inc. -9- ATTN: William L. McReavy 2413 Silver Lane NE St. Anthony Village, MN 55421 with a copy to: Jeffrey S. Johnson, Esq. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial PbTa 200 Coon Rapids Boulevard Coon Rapids, MN 55433 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of nntice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 18. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 19. Entire A~reement: Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in writing executed by the parties. 20. Bindin~ Effect. This Agreement binds and benefits the parties and their heirs, successors and assigns. 21. Controllin~ Law. This Agreement has been made under the laws of the State of Mirmesota, and such laws will control its interpretation. 22. Remedies. If either party defaults under this Agreement, both parties shall retain all rights and remedies available under the laws of Minnesota. 23. Withdrawal of Offer. This Agreement shall be deemed to be withdrawn unless accepted by Seller and a fully executed counterpart of this Agreement returned to Buyer on or before September __, 2000. -10- Seller and Buyer have executed this Agreement as of the date first written above. SELLER: City of Columbia Heights, A Minnesota municipal corporation BUYER: Washbum-McReavy Funeral Chapels, Inc., a Minnesota corporation BY: Its Mayor BY: William L. McReavy Its Chairman BY: Its City Clerk 96700 -ll- Exhibit A Real Prope. rty -12- Exhibit B Personal Property Exhibit C Leases Exhibit D Contracts Exhibit E Permits Exhibit F Permitted Encumbrances REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made as of September ,2000, between City of Columbia Heights, a. Minnesota municipal corporation ("Seller"), and Washbum-McReavy Funeral Chapels, Inc., a Minnesota corporation, or assigns ("Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Prooertv. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property (collectively, "Property"): (a) Real Property. Seller's interest the real property located in Anoka County, Minnesota described on the attached Exhibit A ("Land"), together with (1) all buildings and improvements constructed or located on the Land ("Buildings"), and (2) all easements and rights benefiting or appurtenant to the Land (collectively the "Real Property"). Co) personal Property. Seller's interest in all of the personal property situated in or about the Real Property owned by Seller, including without limitation, that described on the inventory attached to this Agreement as Exhibit B ("Personal Property"). (c) Leases. Seller's interest as lessor in all of the leases as described on the rent roll attached to this Agreement as Exhibit C ("Leases"). (d) Contracts. Seller's interest in the service and maintenance contracts, equipment leases and other contracts regarding the Real Property and the Personal Property described on the attached Exhibit D ("Contracts"). (e) Permits. Seller's interest in the permits and licenses described on attached Exhibit E ("Permits"). Warranties. Seller's interest in all warranties and guaranties given to, assigned to or benefiting Seller or the Real property of the Personal Property regarding the acquisition, constxuction, design, use, operation, management or maintenance of the Real Property and the Personal ' Property ("Warranties"), if any. plans. Seller's interest in all originals and copies of the as-built blueprints, plans and specifications regarding the Real Property and the Personal Property, if any, in Seller's possession CPlans"). 2. Purc..has. e Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid by Buyer to Seller for Interest as a tenant-in-common in the Property shall be Three Hundred Seventy-five Thousand and 00/100 Dollars ($375,000.00) and shall be payable as follows: (a) $5,000.00 as earnest money ("Earnest Money") to be deposited in a trust account of Commercial Partners Title, LLC ("Title") within three (3) days of the date of the last signature completing the execution of this Agreement. Co) The balance of $370,000.00 in certified check or wire transfer to the account of Setler on the Closing Date as hereina.qer defined. (10) True and correct copies of all insurance coverage maintained by Seller on the Property, which coverage Seller shall keep in full force and effect until the date of closing; (11) A complete statement of operating income and &xpense for the years 1995, 1996, and year to date 1997, and Seller's certification that all available documents have been supplied, and a listing of documents not available; (12) M.A.I appraisal, if any; (13) Copy of the most recent real estate tax statement. The "Contingency Date" shall be September 29, 2000. If any such contingency has not been satisfied on or before the stated date, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination, the Earnest Money and any interest accrued thereon shall be released to Buyer and upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by not exercising its right to terminate this Agreement. Seller shall allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's appraisal, investigation and testing the same. Buyer shall pay all costs and expenses of such appraisal, investigation and testing and shall hold Seller and the Real Property harmless from all costs and liabilities relating to the Buyer's activities. Buyer shall further promptly repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property and/or Personal Property to substantially the same condition as existed prior to such en~y. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on September 29, 2000, or at such other time mutually agreed to by Buyer and Seller (the "Closing Date"). The Closing shall take place at 9:00 a.m. local time at the office ofBama, Guzy & Steffen, Ltd., or at such other place as may be agreed to. Seller agrees to deliver possession of the Property to Buyer on the Closing Date, subject to the rights of tenants under the Leases in their capacity as tenants. Buyer shall be entitled to extend the Closing Date for an additional 30 days in the event Buyer needs additional time to satisfy requirements of any lender. A. Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively "Seller's Closing 'Documents"): (1) Deed. A Warranty Deed, in form reasonably satisfactory to Title, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter clef'med. (2) Bill of Sale. A Warranty Bill of Sale, in form reasonably satisfactory to Buyer, conveying the Personal Property to Buyer, free and clear of all encumbrances. (3) Assimunent of Leases. An Assignment of Leases, in form reasonably satisfactory to Buyer, conveying the Leases and any security deposits, prepaid rents or collections regarding the Leases to Buyer, free and clear of all encumbrances. -3- O) Purchase Price. The cash portion of the Purchase Price, by wire transfer.of U.S. Federal Funds, or by certified check to be received in Title's trust account and/or delivered to Seller at the closing on the Closing Date together with the Note. (2) Title Documents. Such affidavits of Purchaser, Certificates of Value or other documents as may be reasonably required by Title in order to record the Seller's Closing Documents and issue a Title Insurance Policy. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: (a) Title and Closing Fee. Seller will pay all costs of the Title Evidence and the fees charged by Title for any escrow required regarding Title Insurer's Objections. Buyer will pay all premiums required for the issuance of the Owner's Title Insurance Policy and any mortgagee's Title Policy required by Lender. Seller and Buyer will divide equally the closing fee or charge imposed by any closing agent designated by the Title Company. Co) Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. (c) Real Estate Taxes and Svecial Assessments. Seller will pay, on or before the Closing Date, all special assessments levied, pending or constituting a lien against the Real Property as of the Closing Date including without limitation any installments of special assessments including interest payable with general real estate taxes in the year of Closing. General real estate taxes and installments of special assessments payable therewith for the years prior to Closing will be paid by Seller. General real estate taxes payable in the year of Closing shall be prorated by Seller and Buyer as of the Closing Date based upon a calendar fiscal year. Seller shall pay all deferred real estate taxes or special assessments which may become payable as a result of the sale contemplated hereby. To the extent that levied assessments cannot be partially prepaid, Seller shall credit buyer at closing the Seller's proportionate share of such assessments. (d) Basic Rents. All basic rent and other charges under the Leases will be prorated as of the Closing Date. If at the Closing Date a tenant under any Lease is delinquent in any payment requiretl of it, then to the extent Buyer receives from such tenant mounts in excess of the payments due Buyer pursuant to this Agreement, Buyer will remit such amounts to Seller. However, Buyer will have no obligation to seek or collect any such payments and will only be obligated to make such payment to Seller after Buyer is fully paid for all mounts due it. (e) Security Deposits. All security deposits paid by tenants pursuant to the rent roll, plus interest thereon, shall be paid to Buyer by Seller at closing. (0 Recording, Costs. Seller will pay the cost of recording all documents necessary to establish title in Seller as required by this Agreement. Buyer will pay the cost of recording all other documents. (g) Other Costs. All other operating costs of the Property, will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date. -5- 7. Operation Prior to Closing. During the period from the date of the Seller's acceptance of this Agreement to the Closing Date (the "Executory Period"), Seller shall operate and maintain the Property in the ordinary course of business in accordance with prudent, reasonable bu. siness standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. o Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: (a) Title to Real Pronertv. Seller owns the Real Property, free and clear of all encumbrances except the first mortgage which will be assumed by Buyer at the time of Closing. Co) Title to Per~;onal .Property. Seller owns the Personal Property free and clear of all encumbrances. (c) ~eases. Seller has made available to Buyer a correct and complete copy of each Lease and all its amendments. The information regarding the Leases contained in attached Exhibit C is correct and complete as of the date of this Agreement. Except as noted by Seller, the Leases are in full force and neither Seller, nor any tenant, is in default under the Leases. There are no other leases or possessory rights of others regarding the Real Property. The term of each lease is for a month to month tenancy. (d) Contracts. To the best knowledge of Seller, Seller has made available to Buyer a correct and complete copy of each Contract and its amendments. To the best knowledge of Seller, the Contracts are in full force and neither Seller, nor any other party to the Contracts, is in default under the Contracts. All other contracts in effect regarding the Property are terminable on or before the Closing Date. (e) permits. To the best knowledge of Seller, Seller has made available to Buyer a correct and complete copy of each Permit and its amendments. To the best knowledge of Seller, the Permits are in full force, and Seller is not in default under the Permits. (0 Certificates of Occunancv. Seller has received no notice of actual or threatened cancellation or suspension of any certificates of occupancy for any portion of the Real Property. (g) Assessments. Seller has received no notice of actual or threatened special assessments or reassessments of the Real Property. (h) Environmental Laws. Seller hereby represents and warrants thru, to the best of Seller's knowledge, the property is free of hazardous substances and is not subject to any "super fund" type liens or claims by governmental regulatory agencies or other third parties arising from the release or threatened release ofbaTardous substances in, on or about the property. Seller also represents and warrants that it has not used the properly in connection with the generation, disposal, storage, treatment or transportation of hazardous substances. (i) Rights of Others to Purchase Provertv. Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. ii) ~eller's Defaults. To the best knowledge of Seller, Seller is not in default concerning any of its obligations or liabilities regarding the Property. -7- shall be completely repaired prior to the Closing Date then there shall be no.reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceeding t9 repair, then Seller shall complete the repair after the Closing Date and shall be entitled to receive the proceeds of all insurance related to such damage after repair is completed; provided, however, Buyer shall have the right to delay the Closing Date until repair is completed. If Seller shall fail to diligently proceed to repair such damage then Buyer shall have the right to require a closing to occur and the Purchase Price (and specifically the cash portion payable at the Closing Date) shall be reduced by the cost of such repair or at Buyer's option, the Seller shall assign to Buyer all fight to receive the proceeds of all insurance related to such damage and the Purchase Price shall remain the same. For purposes of this Section, the words "substantially damaged" mean damage that would cost $100,000.00 or more to repair. 12. Condemnation. If, prior to the Closing Date, eminent domain proceedings are commenced against all or any part of the Property, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty days after Seller's notice), this Agreement shall terminate, in which event neither party will have further obligations under this Agreement and the Earnest Money together with any accrued interest, shall be refunded to buyer. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent. 13. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting bom their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorney's fees. 14. Survival. All representations and warranties contained in Paragraphs 8 and 9 of this Agreement shall survive the Closing of this transaction. 15. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to an officer 6f Seller, or if it is directed to Buyer, by delivering it personally to an officer of Buyer, or if mailed in a sealed wrapper by United States registered or certified mail, remm receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: City of Columbia Heights ATTN: City Manager 590 40t~ Avenue NE Columbia Heights, MN 55421 with a copy to: James D. Hoeff, Esq. Bmmb Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 If to Buyer: Washburn-McReavy Funeral Chapels, Inc. -9- Seller and Buyer have executed this Agreement as of the date firs! written above. SELLER: City of Columbia Heights, A Minnesota municipal corporation BUYER: Washbum-McReavy Funeral Chapels, Inc., a Minnesota corporation BY: Its Mayor BY: William L. McReavy Its Chairman BY: Its City Clerk 96700 -11- 'Exhibit B Personal Property Exhibit D Contracts Exhibit F Permitted Encumbrances CONFLICT OF INTE~ST DISCLOSURE STATEMENT This law firm ofBarna, Guzy & Steffen, Ltd. (the "Law Firm") has been requested to represent Washburn-McReavy Funeral Chapels, Inc., a Minnesota corporation ("Washburn- McReavy") in the matter of a land sale/purchase transaction involving Washburn-McReavy and The City of Columbia Heights ("City"). The facts relating to the Law Firm's representation of City and Washbum-McReavy are as follows: The Law Firm has represented both City and Washburn-McReavy in the past. The Law Firm represents both City and Washbum-McReavy at the present time and expects to continue representing both in the future. In connection with the proposed transaction, the Law Firm's role on behalf of Washbum- McReavy and City will be advice relating to the structuring of the transaction in a manner that would achieve for both clients the purchase and sale of the real property as mutually agreed upon by the parties, preparation of appropriate documentation to evidence the basic agreements made by the companies, and such other documentation as may be necessary to facilitate the consummation of the proposed transaction. AGREEMENT I have reviewed the foregoing statement disclosing that a conflict of interest exists for the law firm of Bama, Guzy & Steffen, Ltd. (the "Law Firm") in connection with its simultaneous representation of the City of Columbia Heights ("City") and Washbum-McReavy Funeral Chapels, Inc., a Minnesota corporation ("Washbum-McReavy"). I understand that the conflict arises out of the Law Firm's representation of both parties in a land sale/purchase transaction now being negotiated between the parties. With the authority vested in me by the board of directors as Chairman of Washbum- McReavy, I hereby consent on behalf of Washburn-McReavy to the Law Firm's representation of both parties in the aforementioned transaction. Furthermore, on behalf of Washburn- McReavy and with the authority of the board of directors, I waive any objection to such conflict of interest based on the facts of which I am aware on the date hereof. On behalf of Washburn- McReavy, I also waive any breach of confidentiality as to information the Law Firm may have obtained concerning Washbum-McReavy's affairs in its role as Washburn-McReavy's counsel in past matters. Dated this day of September, 2000. WASHBURN-MCREAVY FUNERAL CHAPELS, INC., a Minnesota corporation By: William L. McReavy Its: Chirm~ -2- AGREEMENT On behalf of the City of Columbia Heights ("City") We have reviewed the foregoing statement disclosing that a conflict of interest exists for the law firm of Barna, Guzy & Steffen, Ltd. (the "Law Firm") in connection with its simultaneous representation of the City and Washbum-McReavy Funeral Chapels, Inc., a Minnesota corporation CWashburn-McReavy"). We understand that the conflict arises out of the Law Firm's representation of both parties in a land sale/purchase transaction now being negotiated between the parties. The City hereby consents to the Law Firm's representation of both parties in the aforementioned transaction. The City waives any objection to such conflict of interest based on the facts of which we are aware on the date hereof. Dated this__ day of September, 2000. City of Columbia Heights 96701_1 By: By: Its Mayor Its City Cl~rk -3-