112211completeagenda CITY OF RICHFIELD, MINNESOTA
TUESDAY, NOVEMBER 22, 2011
RICHFIELD MUNICIPAL CENTER
6700 PORTLAND AVENUE
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
Pledge of Allegiance
PRESENTATIONS
1. Presentation of 2011 Minnesota Chapter American Public Works Association
Personnel Award — Maintenance Category to Richfield Public Works Worker Bill
LaLonde (Council Memo No. 128)
2. Annual meeting with Community Services Commission
COUNCIL DISCUSSION
3. Council discussion
• Cancellation of Tuesday, December 27, 2011 Regular City Council Meeting
• Hats Off to Hometown Hits
Notes:
AGENDA APPROVAL
4. Council approval of agenda
CONSENT CALENDAR
5. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from
the Consent Calendar and placed on the regular agenda for Council discussion and
action. All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of continuing public hearing to December 13, 2011 to
consider plat for properties at 7701 and 7717 Nicollet Avenue S.R. No. 229
B. Consideration of approval of resolution granting subdivision waiver for 840 West
65th Street S.R. No. 230
C. Consideration of approval of resolution extending cable television franchise
agreement with Comcast, Inc. to April 16, 2012 S.R. No. 231
D. Consideration of approval of agreement with Hennepin County Human Services
and Public Health Department, Joint Community Police Partnership, accepting
Congressional (federal) Award of$25,000 for costs related to Richfield Police Cadet
position S.R. No. 232
E. Consideration of approval of resolution authorizing agency agreement between City
of Richfield and Minnesota Department of Transportation authorizing Mn/DOT to
pass through federal funds to City to construct two bicycle routes in Richfield S.R.
No. 233
F. Consideration of approval of amendment to Public Health and Environmental
Health Mutual Aid Agreement with Twin City Health Entities extending agreement
through December 31, 2012 S.R. No. 234
G. Consideration of approval of contract with Graymont (WI), LLC Company for
purchase of quick lime in amount of$174,230 ($124.45/ton) for 2012 S.R. No. 235
H. Consideration of approval of contract with Moelter Grain, Inc. for lime residual
disposal for two-year period (2012-2013) in amount of$61,515 per year or
$123,030 for two years S.R. No. 236
Notes:
6. Consideration of items, if any, removed from Consent Calendar
Notes:
OTHER BUSINESS
7. Consideration renewing contract with Chief's Towing, Inc., 8610 Harriet Avenue,
Bloomington, MN for Public Safety towing services for December 1, 2011 through
November 30, 2012
Staff Report No. 237
Notes:
CITY MANAGER'S REPORT
8. City Manager's report
Notes:
9. Claims and payrolls
Open forum (additional 15 minutes if more time needed after first Open Forum and by
majority vote of the City Council)
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
10. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
richfield: November 2011 Page 1 of 1
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http://www.my.calendars.net/richfield 11/17/2011
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
November 17, 2011
Council Memorandum No. 128
The Honorable Mayor
and
Members of the City Council
Subject: Richfield Public Works Worker Bill LaLonde Receives 2011 Minnesota
Chapter APWA Personnel Award — Maintenance Category
(Agenda Item No. 1)
Council Members:
On November 17, 2011, the Minnesota Chapter of the American Public Works
Association (APWA) presented Richfield Public Works Worker Bill LaLonde with the
2011 Minnesota Chapter APWA Personnel Award — Maintenance Category.
Attached is the list of Bill's accomplishments that were used in the nomination.
Layne Otteson from the APWA— MN Chapter Awards Committee will be at the
November 22, 2011 City Council Meeting to recognize Bill for his award.
Res•-y,; Ily submit d,
A V/
City Manager
SLD:cak
Attachment
Email: Department Directors
Assistant City Manager
Reasons for Nomination -William (Billy) Lalonde — Utility Locator, City of Richfield
William Lalonde has worked with the City of Richfield for over 25 years and has consistently
provided exceptional services to citizens, business owners, and contractors within the City of
Richfield on behalf of the City's Public Works Department. Three particular efforts set Billy apart as
outstanding personnel:
1. His commitment to continue providing outstanding locating services
2. His ability to work positively with residents regarding water and sewer concerns &disruptions
3. The outstanding service and commitment to his inspection work.
Gopher State Locating
Billy serves as the City's primary respondent to Gopher State One Calls (GSOC). In addition to
locating the City's sanitary, water and storm utilities, he also locates the City's streetlight and fiber
optic lines. The growing communication industry and aging private utility infrastructure replacements
have almost doubled the volume of GSOC in 2011. Billy has embraced new technologies to
improve his response time on the job allowing him to step up and take on the increased demand
without a hitch. In a typical year the City receives an average of 4500 locate requests. The first
eight months of 2011 brought in over 7500 requests.
Resident Contact
As part of his job, Billy is constantly "the face of public works" due to his contact with Richfield
residents to resolve issues related to the public works utility services that people have come to rely
on. His ability to educate and comfort the residents on issues ranging from water main break repairs
to sewer back ups has proven him invaluable in providing a positive perception of our Utility
Department to the residents of Richfield. His "face time" with residents consistently brings in follow-
up phone calls from residents that want to let his supervisor know how helpful he was and how much
they appreciate his attention to their concerns.
In addition to his routine contact with residents, Billy also acted as the prime contact for City utility
work impacted by the Metropolitan Council Environmental Services Relief Interceptor Project that
spans the length of Richfield (3.5 miles). Billy worked cooperatively with Metropolitan Council staff
and the contractor to keep communication lines open to ensure that the residents were properly
notified of all water and sewer interruptions. He also made certain the residents were comfortable
with temporary connections. On occasion, Billy took it upon himself to supply bottled water to
residents that weren't comfortable with the temporary connection situation.
Inspection Work
In 2010 and 2011, the Metropolitan Council Environmental Services constructed a 42-inch relief
interceptor pipe across 3.5 miles of Richfield. The project involved extensive amounts of City utility
work and disruptions; including temporary water connections every block (or 300 ft.). Billy
demonstrated an outstanding commitment to his work in his duties as he not only took it upon
himself to ensure that the residents were properly notified and comfortable with the disruptions, but
he also handled all water shut offs (600) keeping complaints to a minimum and performed
inspections of the City utilities on the project. In doing so, Billy worked over 500 hours of overtime.
Career and personal growth /development
Billy eagerly and successfully completed the Underground Utility Inspector School offered by APWA-
Minnesota.
AGENDA SECTION: CONSENT
AGENDA ITEM# 5A
REPORT# 229
modal STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
NOVEMBER 22, 2011
REPORT PREPARED BY: MELISSA POEHLMAN, CITY
PLANNER
NAME, TITLE
DEPARTMENT DIRECTOR
REVIEW:/: A M∎\
.„
S/GNAT
REVIEWED BY CITY diejK
MANAGER: %.r.�
ITEM FOR COUNCIL CONSIDERATION:
Continue the public hearing to consider a plat for the properties at 7701 and 7717 Nicollet
Avenue to December 13, 2011.
I. RECOMMENDED ACTION:
By Motion: Continue the public hearing to consider approval of a plat
for 7701 and 7717 Nicollet Avenue to December 13, 2011.
II. BACKGROUND
Plat applications for properties that abut County and State right-of-way are required
to be reviewed by the appropriate jurisdiction(s). The County and/or State
(Mn/DOT) are afforded 30 days to review and comment upon submittals. In many
instances, the jurisdictions are able to provide comments in less than 30 days and
this public hearing was scheduled in hopes of receiving comments more quickly.
Because the City has not yet received comments regarding this submittal, the public
hearing will need to be continued to December 13th.
III. BASIS OF RECOMMENDATION
A. POLICY
• Plat applications abutting County and/or State right-of-way must be
submitted to the appropriate jurisdiction for review.
112211 - Continue PH 7701 & 7717 Nicollet plat
• The County and State have 30 days to review and provide comments
related to proposed plats. The City mailed application materials to
Mn/DOT and Hennepin County on October 18th and 20th,
respectively. As of November 10th, no comments had been received.
B. CRITICAL TIMING ISSUES
• Other applications related to the properties at 7701 and 7717 Nicollet
Avenue are scheduled for review by the Council on December 13th.
The delay is not expected to cause a problem.
• 120-DAY RULE: The 120-day clock 'started' when a complete
application was received on September 27, 2011. A decision is
required by January 25, 2012.
C. FINANCIAL
• The required application processing fee has been paid.
D. LEGAL
• Notice of this public hearing has been published in the Sun Current
Newspaper in accordance with notification requirements.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• None
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
AGENDA SECTION: CONSENT
AGENDA ITEM# 5B
REPORT# 230
=Ad STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
NOVEMBER 22, 2011
REPORT PREPARED BY: MELISSA POEHLMAN, CITY
PLANNER
NAME,TITLE
DEPARTMENT DIRECTOR walk
REVIEW: Ar/
REVIEWED BY CITY •
MANAGER: -y
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the request for a subdivision waiver which would allow
division of 840 West 65th Street such that a strip of land that currently cuts through the parking
lot of the former Lyndale Garden Center would be severed from the remainder of the parcel.
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution granting a subdivision
waiver for 840 West 65th Street.
II. BACKGROUND
The property at 840 West 65th Street currently includes a 15-foot wide strip of land
extending to the northeast that likely provided access to Lyndale Avenue at one
time. (See attached Exhibits B1 and B2).) Access to 840 West 65th Street is now
provided via 65th Street and access to Lyndale Avenue has been blocked for many
years by a fence that surrounds the parking lot of the former Lyndale Garden
Center. Continued access from 65th Street will be guaranteed through the attached
permanent easement. The proposed subdivision of land will sever the 15-foot strip
from the remainder of the parcel and allow for it to be sold. This land will be part of
the redevelopment of the former Garden Center site and will eventually be
incorporated into the plat for that site.
III. BASIS OF RECOMMENDATION
A. POLICY
112211 - 840 W 65th Subd waiver
• In cases in which compliance with the City's platting requirements
result in unnecessary hardship and when failure to comply with said
requirements does not interfere with the purpose and intent of the
regulations, the Council may adopt a resolution authorizing a waiver
from the subdivision requirements.
• The separate parcel created must be incorporated into the plat of
6400 and 6430 Lyndale Avenue as a condition of any redevelopment
project.
• The subdivision waiver is not effective until the attached Declaration of
Easement has been recorded and proof of said recording has been
provided to the City.
B. CRITICAL TIMING ISSUES
• Approval of the requested subdivision is required prior to sale of the
land. Closing is scheduled for December 12, 2011.
• 60-DAY RULE: The 60-day clock 'started' when a complete
application was received on November 7, 2011. A decision is required
by January 6, 2012 OR the Council must notify the applicant that it is
extending the deadline (up to a maximum of 60 additional days or 120
days total) for issuing a decision.
C. FINANCIAL
• The required application processing fee has been paid.
D. LEGAL
• No legal notice is required.
E. ENVIRONMENTAL CONSIDERATIONS
• None
IV. ALTERNATIVE RECOMMENDATION(S)
• None
V. ATTACHMENTS
• Resolution
• Declaration of Easement
• Survey of 15-foot strip
• Planning & Zoning Map(s)
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Representative(s) of The Cornerstone Group, applicant
RESOLUTION NO. 1
RESOLUTION AUTHORIZING A SUBDIVISION WAIVER
FOR 840 WEST 65TH STREET
WHEREAS, an application has been filed with the City of Richfield which requests
approva'hof a subdivision waiver for the division of certain parcels of land located at 840
West 65 Street, legally described as:
Part One: Tract B, Registered Land Survey No. 1131, County of Hennepin.
Part Two: The Northwesterly 15 feet of Tract B, County of Hennepin
And
The Southwesterly 55 feet of Tract B, except the Northwesterly 15 feet thereof, and
all of Tract C, Registered Land Survey No. 675, County of Hennepin.
WHEREAS, the applicant proposes to divide the above-described parcel into two
Parcels A and B, legally described as:
Parcel A: The Northwesterly 15 feet of Tract B, Registered Land Survey No. 675,
County of Hennepin
and
Parcel B: Tract B, Registered Land Survey No. 1131, County of Hennepin
And
The Southwesterly 55 feet of Tract B, except the Northwesterly 15 feet thereof, and
all of Tract C, Registered Land Survey No. 675, County of Hennepin.
WHEREAS, the City has fully considered the request for approval for the
subdivision waiver; and
WHEREAS, the City Council finds that compliance with the City Code Section
500.05, Subdivision 1 would result in unnecessary hardship and that failure to comply
therewith will not interfere with the purposes of the platting regulations of Section 500.01.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. A waiver for the subdivision of the Subject Property legally described above is
hereby granted subject to the following condition(s);
• That proof of a recorded permanent Declaration of Easement for access to
840 West 65th Street has been provided to the City; and
• That Parcel A, as legally described above, is incorporated into the plat of
6400 and 6430 Lyndale Avenue as a condition of any redevelopment.
2. City staff is authorized and directed to take any action necessary to effectuate
this Resolution and to authorize the recording of conveyances complying with
the terms of this Resolution;
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
November, 2011.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
REcENI-
A elm
[space above reserved for recording information]
DECLARATION OF EASEMENT
THIS DECLARATION OF EASEMENT (this "Declaration") is made this _ day of October,
2011 by 800 COMPANY LLP,a Minnesota limited liability partnership ("Declarant").
RECITALS:
A. Declarant is the record owner of adjacent parcels of real property located in Hennepin
County, Minnesota, and described as follows:
1. 800 and 820 West 65th Street, Richfield, Minnesota, which are legally
described on the attached Exhibit A ("800/820 Parcel"), which property
includes portions of a parking lot with access available to and from West 65th
Street("Parking Lot A").
2. 840 West 65th Street, Richfield, Minnesota, which is legally described on the
attached Exhibit A ("840 Parcel"), which property includes portions of a
parking lot with access available to and from West 65th Street ("Parking Lot
B").
B. The Declarant acknowledges that Parking Lot A and Parking Lot B (together, the
"Parking Lot") are one contiguous parking lot, and that the Parking Lot provides the
only vehicular access to West 65th Street for the 800/820 Parcel and the 840 Parcel
(each, a"Parcel,"together,the"Parcels").
C. The Declarant desires to impose an access easement upon each Parcel and subject
each Parcel to an access easement for the benefit of each other Parcel for use of the
Parking Lot for access to and from West 65th Street in accordance with the terms and
conditions set forth herein.
NOW, THEREFORE, Declarant hereby declares that each Parcel shall be sold,conveyed,
held and occupied subject to, and that each Parcel shall be sold, conveyed, held and occupied
together with,the following access easement on the terms and conditions set forth herein:
1. Grant of Easement. Declarant hereby grants•and conveys to each Parcel a non-
exclusive access easement for use of that portion of the Parking Lot depicted on the attached
Exhibits B-1 & B-2 ("Easement Area") for the benefit and non-exclusive use by the other Parcel,
for access to and from West 65th Street through the Parking Lot to the Parcels ("Easement").
Notwithstanding the foregoing, Declarant, or its successors and assigns, may change the location
and/or size of the Easement Area and/or the Parking Lot so long as such a change does not
completely remove from any Parcel the ability to use the other Parcel for access to and from West
65th Street.
2. Interference with Easement. No obstructions which would prevent, restrict or
otherwise hinder the reasonable passage of pedestrians or vehicles over any portion of the
Easement Area shall be erected, condoned or permitted to endure, nor shall any other conduct,
passive or affirmative, be permitted which would in any manner restrict the right to fully utilize
said Easement for the purposes permitted herein; except for temporary obstructions pending
performance of necessary maintenance,repair and replacement.
3. Duration; Termination. This Declaration shall be perpetual in nature. This
Declaration shall be recorded and shall constitute covenants and obligations running with the
Easement Area and shall be binding and inure to the benefit of future owners, tenants, and
holders of any interest in the Parcels, or any portion thereof, and their successors and assigns
unless and until this Declaration is terminated by written agreement by and between the owners
of each Parcel.
4. Maintenance and Improvements of Parking Lot A. The owner of the 800/820 Parcel
shall be responsible for the maintenance, repair and replacement of Parking Lot A including,
without limitation, snow removal, patching,. and from time to time, resurfacing as reasonably
necessary or advisable. In the event the owner of the 800/820 Parcel does not so maintain,repair or
replace Parking Lot A in the manner indicated or within a reasonable time after the reasonable
request by the owner of the 840 Parcel, the owner of the 840 Parcel shall be entitled to perform the
same, and to collect from the owner of 800/820 Parcel the cost of materials and/or labor incurred
therefor. In all cases, each party shall pay its share of the costs of such maintenance, repair and
replacement within thirty (30) days after receipt of an invoice from the owner performing such
work to the owner of the other Parcel, which invoice shall be in reasonable detail describing the
work performed and showing the calculation of the proportionate share payable by each owner.
5. Maintenance and Improvements of Parking Lot B. The owner of the 840 Parcel
shall be responsible for the maintenance, repair and replacement of Parking Lot B including,
without limitation, snow removal, patching, and from time to time, resurfacing as reasonably
necessary or advisable. In the event the owner of the 840 Parcel does not so maintain, repair or
replace Parking Lot B in the manner indicated or within a reasonable time after the reasonable
-2-
-Li
request by the owner of the 800/820 Parcel the owner of the 800/820 Parcel shall be entitled to
perform the same, and to collect from the owner of 840 Parcel the cost of materials and/or labor
incurred therefor. In all cases,each party shall pay its share of the costs of such maintenance,repair
and replacement within thirty(30) days after receipt of an invoice from the owner performing such
work to the owner of the other Parcel, which invoice shall be in reasonable detail describing the
work performed and showing the calculation of the proportionate share payable by each owner.
6. Effect of nonpayment; Lien. Should the owner of either the 800/820 Parcel or the
840 Parcel default in the payments of any amounts required hereunder and such default shall
continue for a period of thirty (30) days after written notice thereof, said amount shall become a
continuing lien on the Parcel owned by the party in default,which shall bind the defaulting party,
his or her heirs, personal representatives, successors and assigns, and the party or parties not in
default may bring in action at law against the defaulting party to pay the same or to foreclose the
lien against the Parcel owned by the defaulting party by suit in the manner provided for the
foreclosure of mortgages upon real estate, and there shall be added to the amount of such costs
and expenses, the costs of preparing and filing the complaint in such action; and in the event a
judgment is obtained, reasonable attorneys' fees shall be paid to the prevailing party or parties.
Neither owner may waive nor otherwise escape liability for the costs and expenses provided for
herein by nonuse of the Parking Lot or abandonment of such owner's Parcel.
7. Indemnification. The owner of each Parcel agrees to indemnify, hold harmless and
defend the owner of the other Parcel, from any loss, claims, damages, actions, lawsuits, costs or
expenses, including .reasonable attorneys' fees (collectively, "Claims") related to said Parcel
owner's use of the Easement Area. Furthermore, the owner of each Parcel shall indemnify, hold
harmless and defend the owner of the other Parcel from any Claims and any other liability of any
type or nature related to or arising out of any mechanic's lien or other similar liens filed against all
or any part of the Easement Area arising out of the approved maintenance or improvements
initiated by said Parcel owner on or about the Easement Area.
8. Dedication. Nothing contained in this Declaration shall be deemed a gift of
dedication of any portion of the Easement Area to the general public or for the general public or
for any public purpose whatsoever.
9. Amendment, Modification or Waiver. No amendment, modification or waiver of
any condition, provision or term of this Declaration shall be valid or of any effect unless said
amendment is made in writing, signed by the parties to be bound or their duly authorized
representative(s) and specifying with particularity the extent and nature of such amendment,
modification or waiver. Any waiver by any party of any default of another party hereunder shall not
affect or impair any right arising from any subsequent default. Nothing herein shall limit the
remedies and rights of the parties hereto under and pursuant to this Declaration.
10: Assumption of Risk. The owner of each Parcel specifically and explicitly assumes
any and all risks that accompany the use of the Easement Area.
-3-
Eb-
11. Headings. The headings of sections of this Declaration are for convenience of
reference only and do not form a part hereof and in no way interpret or construe such paragraphs.
12. Authority. The undersigned represents that he/she is authorized to act for and bind
the Declarant.
13. Counterparts. This Declaration may be executed in counterparts, each of which
shall be deemed an original, but which together shall constitute one and the same instrument.
14. Severability. If any provision of this Declaration is held to be unenforceable or
void, such provision shall be deemed to be severable and shall in no way affect the validity of the
remaining terms of this Declaration.
15. Governing Law. This Declaration will be governed and construed in accordance
with the laws of the State of Minnesota, without giving effect to choice of law provisions of the
State of Minnesota.
[Remainder of page intentionally left blank. Signature Page to follow]
-4-
5b -60
IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the date first
above written.
DECLARANT:
800 COMPANY LLP,A Minnesota limited liability partnership
By: Theodore R.Goldman Revocable Trust
Its: General Partner
J
s
0'J ay'
/By: Deborah Wittman
Its: Trustee
r
STATE OF
_ ss
COUNTY OF T irk nN- )
The foregoing instrument was acknowledged before me this -7 day of October, 2011, by
Deborah Wittman,the Trustee of the Theodore R. Goldman Revocable Trust,the general partner of
800 Company LLP, a Minnesota limited liability partnership,for and on behalf of said partnership.
SARA KUTNICI{I % .c,,._ { l,;,;. , 1 ` __ }
NOTARY PUBLIC .....A___;:-_—_:_—_
STATE OF COLORADO Notary Public
63497850
-5-
EXHIBIT A
Legal Description of 800/820 Parcels.
The 800/820 Parcel is legally described as:
Tract B,
Registered Land Survey No. 1131, County of Hennepin.
Legal Description of 840 Parcel.
The 840 Parcel is legally described as:
The Northwesterly 15 feet of Tract B,
The Southwesterly 55 feet of Tract B,except the Northwesterly 15 feet thereof, and
All of Tract C,
Registered Land Survey No. 0675, County of Hennepin.
-6-
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EXHIBIT B-1
Sketch of Easement Area and Parking Lot:
Parcel 1)ivision Easement Exhibit
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THE CORNERSTONE GROUP A
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EXHIBIT B-2
Aerial Photo Overlay of Easement Area and Parking Lot:
Parcel l)ivision Easement Exhibit
for 1,
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CURRENT LEGAL DESCRIPTION(per Certificate of Title No. 1060621):
Por 1: Trout B,Registered Land Survey No. 1131,County of Hennepin.
For 2: The Northwesterly 15 feet of Tract B.
The Southwesterly 55 feet of Tract B,except the Northwesterly 15 feet thereof,and
All of Tract C,Registered Land Survey No.675,County of Hennepin.
PROPOSED PARCEL At
The Northwesterly 15 feet of Tract B.Registered Lord Survey No.675,County of Hennepin.
PROPOSED PARCEL B: GRAPHIC SCALE
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)Carlson I hereby certify to The Cornerstone Group that this survey,plan or report was prepared by me or under my d'eeet supervision
and shot I ain 0 duly licensed land surveyor under the laws of the State of Minnesota.
McCain Doled this 18th day of October.2011.
Signed: Carlson McCain,Inc.
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AGENDA SECTION: CONSENT
AGENDA ITEM# 5C
REPORT# 231
STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
NOVEMBER 22, 2011
REPORT PREPARED BY: ST I L. DEVICH, CITY MANAGER
I
NAME,TITLE
REVIEWED BY CITY
r '
MANAGER: /_1./ A'
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution extending the cable television franchise agreement with
Comcast, Inc.
I. RECOMMENDED ACTION:
By Motion: Adopt a resolution granting Comcast, Inc. a franchise
extension to April 16, 2012.
II. BACKGROUND
In 1997, the City of Richfield granted a cable television franchise that is
currently held by Comcast. The franchise extends for a period of 15 years and is
due to expire on or about January 1, 2012. Comcast has requested renewal of the
franchise. The attached extension resolution is needed to provide additional time to
complete drafting a new cable franchise to respond to Comcast's renewal request.
Richfield is one of five member cities of the Southwest Suburban Cable
Commission ("SWSCC") — Edina, Eden Prairie, Hopkins and Minnetonka are the
others. In 2010 the SWSCC drafted a Needs Assessment Report that outlined the
future cable-related needs and interests of each member city for the next franchise
term. The SWSCC also drafted a model franchise which incorporated those needs.
These documents were sent to Comcast for review and comment.
Throughout 2011, the Comcast negotiation team (Lance Leupold, Emmett Coleman
and Steve Holmes, Esq.) and the SWSCC negotiation team (Patty Latham,
Minnetonka; Steve Devich, Richfield and Brian Grogan, Esq.) have been engaged
in good faith negotiations to reach agreement on a new franchise. While the general
provisions of the model franchise have been discussed, the focus of the
negotiations has been on public, educational and governmental ("PEG") issues.
1122SWSS Franchise Extension(2012)
The PEG issues include: 1) channel capacity; 2) connectivity between schools and
city facilities; 3) equipment/studio needs; and 4) PEG capital funding.
The parties most recently met on September 13, 2011 to review these PEG issues
and funding options. Over the course of the meeting a tentative proposal took
shape. While a number of open issues must still be resolved, the Commission
anticipates that franchise renewal negotiations may be complete sometime during
the first quarter of 2012. If negotiations break down, the SWSCC will update the
member city and present alternative options for consideration.
At the last SWSCC meeting on October 26, 2011, the SWSCC recommended that
each member city adopt the attached extension resolution granting Comcast the
right to continue operating the cable system pursuant to the existing franchise
through April 16, 2012. The SWSCC is hopeful that this additional time will allow the
parties time to complete renewal negotiations. Among the tasks to be completed
during this extension are:
1) finalize the drafting of a new franchise;
2) present the franchise to the SWSCC for a recommendation;
3) allow each member city time to review and comment on the new
franchise; and
4) present the final franchise document to each member city for review and
adoption.
III. BASIS OF RECOMMENDATION
A. POLICY
• Each city in the SWSCC must take individual action to extend the
current cable television franchise agreement past the end of 2011.
• The SWSCC will compile the extension resolutions from the member
cities and extend the cable franchise on behalf of the entire SWSCC.
B. CRITICAL TIMING ISSUES
• The City Council will need to consider this item in advance of the end
of the current year when the franchise will expire. Consideration at
the second meeting in November would be the best timeline for
completing this franchise extension.
C. FINANCIAL
• There is no financial implication or cost to this relatively minor
extension of the current franchise.
D. LEGAL
• Legal staff of the SWSCC has prepared the resolution extending the
cable franchise with Comcast and recommends its passage to allow
ample time to conclude negotiations for a new franchise agreement.
E. ENVIRONMENTAL CONSIDERATIONS
• None
IV. ALTERNATIVE RECOMMENDATION(S)
• The City Council could delay action on this item until December 13, 2011.
However, there is no advantage to such a postponement.
V. ATTACHMENTS
• Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHFIELD, MINNESOTA
GRANTING COMCAST OF ARKANSAS / FLORIDA/ LOUISIANA/ MINNESOTA /
MISSISSIPPI / TENNESSEE, INC.
A FRANCHISE EXTENSION TO APRIL 16, 2012
WHEREAS, effective January 1, 1997, the City of Richfield, Minnesota ("City")
granted a Cable Television Franchise Agreement ("Franchise") to Time Warner Cable,
Inc.; and
WHEREAS, the Franchise is currently held by Comcast of Arkansas / Florida /
Louisiana / Minnesota / Mississippi /Tennessee, Inc. ("Comcast"); and
WHEREAS, pursuant to Section 47 U.S.C. §546(a) Comcast provided
notification to the City of Comcast's intent to seek renewal of the Franchise; and
WHEREAS, pursuant to Section 47 U.S.C. § 546(a) the City properly
commenced franchise renewal proceedings; and
WHEREAS, the City and Comcast, pursuant to 47 U.S.C. §546(h), are currently
conducting informal franchise renewal negotiations in an attempt to reach a mutually
acceptable terms for franchise renewal; and
WHEREAS, the City and Comcast are interested in continuing informal renewal
negotiations and desire to extend the current Franchise term from January 2, 2012 to
April 16, 2012; and
WHEREAS, both the City and Comcast desire to expressly reserve all of their
respective
rights under state and federal law; and
WHEREAS, the City and Comcast continue to be governed by the formal
renewal process pursuant to 47 U.S.C. §546(a-g) and nothing contained herein shall in
anyway diminish either party's rights under the formal renewal process.
NOW, THEREFORE, the City Council of the City of Richfield, Minnesota hereby
resolves as follows:
1. The Franchise is hereby amended by extending the term of the Franchise
from January 2, 2012 through and including April 16, 2012.
2. Except as specifically modified hereby, the Franchise shall remain in full
force and effect.
3. The City and Comcast hereby agree that neither waives any rights either
may have under the Franchise or applicable law.
4. This Resolution shall become effective upon the occurrence of both of the
following conditions: (1) The Resolution being passed and adopted by the City
Council of the City of Richfield; and (2) Comcast's acceptance of this Resolution.
Adopted by the City Council of Richfield, Minnesota, this 22nd day of November, 2011.
Debbie Goettel Mayor
ATTEST:
Nancy Gibbs City Clerk
ACCEPTANCE
as / Florida / Louisiana / Minnesota / Mississippi Comcast of Arkansas pp i /Tennessee,
Inc. hereby acknowledges the City of Richfield, Minnesota Resolution No. _ and hereby
accepts the terms, provisions and recitals of the Resolution and agrees to be bound by
the Franchise to the extent consistent with applicable laws.
DATED: , COMCAST OF ARKANSAS/FLORIDA/
LOUISIANA/MINNESOTA/
MISSISSIPPI / TENNESSEE, INC.
By:
Its:
Sworn to before me this
day of ,
Notary Public
AGENDA SECTION: CONSENT
AGENDA ITEM# 5D
REPORT# 232
=Ad STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
NOVEMBER 22, 2011
REPORT PREPARED BY: JAY HENTHORNE,POLICE
LIEUTENANT
NAME,TITLE
DEPARTMENT DIRECTOR
it
REVIEW: ��� ✓ 7'
REVIEWED BY CITY / ,/ 4
MANAGER: AAawca_ ∎ ''
ITEM FOR COUNCIL CONSIDERATION:
Consider approving an agreement with Hennepin County to accept a Congressional Budget
Award for costs related to a Police Cadet.
I. RECOMMENDED ACTION:
By Motion: Approve an agreement with Hennepin County Human
Services and Public Health Department, Joint Community Police
Partnership (JCPP), to accept a Congressional (federal) Award of
$25,000 for costs related to a Richfield Police Cadet position.
II. BACKGROUND
Hennepin County Human Services and Public Health Department, Joint Community
Police Partnership (JCPP), have presented an agreement to be signed by the City
Manager and the Director of Public Safety/Chief of Police for a Congressional
Budget Award of$25,000 for costs related to a Police Cadet position.
The agreement will commence January 1, 2012 and terminate December 31, 2012.
The Public Safety Department/Police will hire and train the Police Cadet in
accordance with the signed agreement.
112211 Congressional Award Through JCPP for Police Cadet
III. BASIS OF RECOMMENDATION
A. POLICY
• As in past agreements regarding funding for the Police Cadet position,
Richfield would be responsible conducting recruitment, interviewing,
testing and enrollment of a cadet into Richfield's Public Safety/Police
Department.
• The Cadet will in the training and day-to-day activities required by the
police department and will coordinate activities of the cadet in
conjunction with the Hennepin County Joint Community Police
Partnership (JCPP).
• The activities that Hennepin County has laid out to achieve the
County's project goal are in agreement with the testing process that
the Richfield Police has in place to fill the position of Police Cadet.
• All eleven activities as indicated in the agreement are in the process of
being conducted by the department. These include: Position testing
announcing made public; applicants' introduction to the department
career and selection process; a written test and cadet form completed
by the applicants; and Cadet interview process completed. The other
activities will be conducted within the next few weeks.
B. CRITICAL TIMING ISSUES
• The agreement has been received and signed and should be sent to
Hennepin County as soon as possible.
C. FINANCIAL
• The total cost of this agreement shall not exceed twenty-five thousand
dollars ($25,000) for the period indicated and will be paid by Hennepin
County in accordance with the terms of the agreement.
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• The Council could not approve the agreement which would make the
agreement null and void with the County and no Cadet could be hired due to
department finances.
V. ATTACHMENTS
• Copy of Agreement with Hennepin County.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
Contract No: A111593
50- 1
PERSONAL/PROFESSIONAL SERVICE AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA,
(the"COUNTY'.') A-2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the
Hennepin County Human Services and Public Health Department, A-2300 Government Center,
300 South Sixth Street, Minneapolis, Minnesota 55487, ("DEPARTMENT") and the City of
Richfield, on behalf of the Richfield Police Department, 6700 Portland Avenue South, Richfield,
Minnesota 55423, ("CONTRACTOR").
The parties agree as follows:
1. TERM AND COST OF THE AGREEMENT
CONTRACTOR agrees to furnish services to the COUNTY commencing January 1,
2012 and terminating December 31, 2012, unless terminated earlier in accordance with
the Default and Cancellation provisions of this Agreement.
The total cost of this Agreement shall not exceed Twenty-Five Thousand Dollars
($25,000.00), as more fully described in Exhibit B, attached hereto and made part of this
Agreement.
2. SERVICES TO BE PROVIDED
CONTRACTOR will conduct recruitment, interviewing, testing and enrollment of a cadet
into its local police department. The cadet will participate in the training and day-to-day
activities required by the police department and the department will coordinate activities
of the cadet in conjunction with the Hennepin County Joint Community Police
Partnership.
Eleven basic activities will be conducted to achieve the project goal, including:
• Cadet-Trainee position announcement made public.
• Applicants shall have been introduced to the department, career and selection
process.
• Candidates will have completed a written police test and cadet form.
• Cadet interview process will be completed.
• A police panel interview will be concluded.
• Background investigation will have been conducted.
• Chief's interview will have taken place.
• Medical exam will have been taken and passed.
• Psychological exam will have been taken and passed.
• Drug test will have been taken and passed.
• Cadet contract signed.
A111593
These services are more fully described in Exhibit A, attached hereto and made part of
this Agreement.
3. PAYMENT FOR SERVICES
Payment for services shall be made directly to CONTRACTOR after completion of the
services upon the presentation of a claim as provided by law governing the COUNTY's
payment of claims and/or invoices. CONTRACTOR shall submit monthly invoices for
services rendered on forms which may be furnished by the COUNTY. Payment shall be
made within Thirty-Five (35) days from receipt of the invoice.
CONTRACTOR shall not provide services under this Agreement without receiving a
purchase order or purchase order number supplied by the COUNTY. All invoices shall
display the COUNTY purchase order number and be sent to the central invoice receiving
address supplied by the COUNTY.
4. PROFESSIONAL CREDENTIALS
INTENTIONALLY OMITTED-
5. INDEPENDENT CONTRACTOR
CONTRACTOR shall select the means, method, and manner of performing the services.
Nothing is intended or should be construed as creating or establishing the relationship of
a partnership or a joint venture between the parties or as constituting CONTRACTOR as
the agent, representative, or employee of the COUNTY for any purpose.
CONTRACTOR is and shall remain an independent contractor for all services performed
under this Agreement. CONTRACTOR shall secure at its own expense all personnel
required in performing services under this Agreement. Any personnel of
CONTRACTOR or other persons while engaged in the performance of any work or
services required by CONTRACTOR will have no contractual relationship with the
COUNTY and will not be considered employees of the COUNTY. The COUNTY shall
not be responsible for any claims that arise out of employment or alleged employment
under the Minnesota Economic Security Law or the Workers' Compensation Act of the
State of Minnesota on behalf of any personnel, including, without limitation, claims of
discrimination against CONTRACTOR, its officers, agents, contractors, or employees.
CONTRACTOR shall defend, indemnify, and hold harmless the COUNTY, its officials,
officers, agents, volunteers, and employees from all such claims irrespective of any
determination of any pertinent tribunal, agency, board, commission, or court. Such
personnel or other persons shall neither require nor be entitled to any compensation,
rights, or benefits of any kind from the COUNTY, including, without limitation,tenure
rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-
employment Compensation,disability, severance pay, and retirement benefits.
2
,. 5 _3
A111593
6. NON-DISCRIMINATION AND AFFIRMATIVE ACTION
A. In accordance with the COUNTY's policies against discrimination,
CONTRACTOR agrees that it shall not exclude any person from full employment
rights nor prohibit participation in or the benefits of, any program, service or
activity on the grounds of race, color, creed, religion, age, sex, disability, marital
status, sexual orientation, public assistance status, or national origin. No person
who is protected by applicable Federal or State laws against discrimination shall
be subjected to discrimination.
7. INDEMNIFICATION AND INSURANCE
A. Each party shall be liable for its own acts and the results thereof to the extent
provided by law, and agrees to defend, indemnify, and hold harmless each other
(including their officials, employees, volunteers, and agents), from any liability,
claims, causes of action,judgments, damages, losses, costs, or expenses, including
reasonable attorney's fees, resulting directly or indirectly from any act or omission
of the party, anyone directly or indirectly employed by it, and/or anyone for whose
acts and/or omissions it may be liable, in the performance or failure to perform its
obligations under this Agreement. Except for State agencies, each party's liability
shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other
applicable law. The liability of State agencies shall be governed by the provisions
of Minnesota Statutes, Section 3.736 and other applicable law.
B. Each party warrants that it has a purchased insurance or self-insurance program.
C. Duty to Notify. CONTRACTOR shall promptly notify the COUNTY of any
claim, action, cause of action or litigation brought against CONTRACTOR, its
employees, officers, agents or subcontractors, which arises out of the services
contained in this Agreement and shall also notify the COUNTY whenever
CONTRACTOR has a reasonable basis for believing that CONTRACTOR and/or
its employees, officers, agents or subcontractors, and/or the COUNTY, might
become the subject of a claim, action, cause of action or litigation arising out of
the services contained in this Agreement. Failure to provide the notices required
by this section is a material violation of the terms and conditions of the
Agreement.
8. DATA PRACTICES
CONTRACTOR, its officers, agents, owners,partners, employees, volunteers and
subcontractors shall abide by the provisions of the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and
Accountability Act and implementing regulations, if applicable, and all other applicable
state and federal laws, rules, regulations and orders relating to data privacy or
confidentiality. If CONTRACTOR creates, collects, receives, stores, uses, maintains or
disseminates data because it performs functions of the COUNTY pursuant to this
3
A111593
Agreement,then CONTRACTOR must comply with the requirements of the MGDPA as
if it were a government entity, and may be held liable under the MGDPA for
noncompliance. CONTRACTOR agrees to defend, indemnify and hold harmless the
COUNTY, its officials, officers, agents, employees, and volunteers from any claims
resulting from CONTRACTOR's officers', agents', owners',partners', employees',
volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such
protected data, or other noncompliance with the requirements of this section.
CONTRACTOR agrees to promptly notify the COUNTY if it becomes aware of any
potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this.
section shall survive the cancellation or termination of this Agreement.
9. RECORDS—AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5,
CONTRACTOR agrees that the COUNTY, the State Auditor, or any of their authorized
representatives, at any time during normal business hours, and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
and transcribe any books, documents,papers, records, etc., which are pertinent to the
accounting practices and procedures of CONTRACTOR and involve transactions relating
to this Agreement. CONTRACTOR shall maintain these materials and allow access
during the period of this Agreement and for six (6) years after its termination or
cancellation.
10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. CONTRACTOR binds itself, its partners, successors, assigns and legal
representatives to the COUNTY for all covenants, agreements and obligations
contained in the contract documents.
B. CONTRACTOR shall not assign, transfer or pledge this Agreement and/or the
services to be performed, whether in whole or in part, nor assign any monies due
or to become due to it without the prior written consent of the COUNTY. A
consent to assign shall be subject to such conditions and provisions as the
COUNTY may deem necessary, accomplished by execution of a form prepared
by the COUNTY and signed by CONTRACTOR,the assignee and the COUNTY.
Permission to assign, however, shall under no circumstances relieve
CONTRACTOR of its liabilities and obligations under the Agreement.
C. CONTRACTOR shall not subcontract this Agreement and/or the services to be
performed, whether in whole or in part, without the prior written consent of the
COUNTY. Permission to subcontract, however, shall under no circumstances
relieve CONTRACTOR of its liabilities and obligations under the Agreement.
Further, CONTRACTOR shall be fully responsible for the acts, omissions, and
failure of its subcontractors in the performance of the specified contractual
services, and of person(s) directly or indirectly employed by subcontractors.
Contracts between CONTRACTOR and each subcontractor shall require that the
4
A111593
subcontractor's services be performed in accordance with the terms and
conditions specified. CONTRACTOR shall make contracts between
CONTRACTOR and subcontractors available upon request.
11. MERGER AND MODIFICATION
A. It is understood and agreed that the entire Agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter. All items that are
referenced or that are attached are incorporated and made a part of this
Agreement. If there is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
B. Any alterations, variations,modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties.
12. DEFAULT AND CANCELLATION
A. If CONTRACTOR fails to perform any of the provisions of this Agreement or so
fails to administer the work as to endanger the performance of the Agreement, it
shall be in default. Unless CONTRACTOR's default is excused by the
COUNTY, the COUNTY may upon written notice immediately cancel this
Agreement in its entirety. Additionally, failure to comply with the terms of this
Agreement shall be just cause for the COUNTY to delay payment until
CONTRACTOR's compliance. In the event of a decision to withhold payment,
the COUNTY shall furnish prior written notice to CONTRACTOR.
B. Upon cancellation or termination of this Agreement:
1. At the discretion of the COUNTY and as specified in writing by the
Contract Administrator, CONTRACTOR shall deliver to the Contract
Administrator copies of all writings so specified by the COUNTY and
prepared by CONTRACTOR in accordance with this Agreement. The
term"writings" is defined as:
Handwriting, typewriting, printing, photocopying,
photographing, facsimile transmitting, and every other means of
recording, including electronic media, any form of
communication or representation, including letters, works,
pictures, drawings, sounds, or symbols, or combinations thereof.
2. The COUNTY shall have full ownership and control of all such writings.
CONTRACTOR shall have the right to retain copies of the writings.
However, it is agreed that CONTRACTOR without the prior written
consent of the COUNTY shall not use these writings for any purpose or in
5
A111593
any manner whatsoever; shall not assign, license, loan, sell, copyright,
patent and/or transfer any or all of such writings; and shall not do anything
which in the opinion of the COUNTY would affect the COUNTY's
ownership and/or control of such writings.
C. Notwithstanding any provision of this Agreement to the contrary,
CONTRACTOR shall remain liable to the COUNTY for damages sustained by
the COUNTY by virtue of any breach of this Agreement by CONTRACTOR.
Upon notice to CONTRACTOR of the claimed breach and the amount of the
claimed damage, the COUNTY may withhold any payments to CONTRACTOR
for the purpose of set-off until such time as the exact amount of damages due the
COUNTY from CONTRACTOR is determined. Following notice from the
COUNTY of the claimed breach and damage, CONTRACTOR and the COUNTY
shall attempt to resolve the dispute in good faith.
D. The above remedies shall be in addition to any other right or remedy available to
the COUNTY under this Agreement, law, statute, rule, and/or equity.
E. The COUNTY's failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
F. This Agreement may be canceled with or without cause by either party upon
thirty(30) day written notice.
G. Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement include but are not limited to: SERVICES TO BE
PROVIDED (as to ownership of property); INDEPENDENT CONTRACTOR;
INDEMNIFICATION AND INSURANCE; DATA PRACTICES; RECORDS-
AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION;
PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS.
13. CONTRACT ADMINISTRATION
In order to coordinate the services of CONTRACTOR with the activities of the
DEPARTMENT so as to accomplish the purposes of this Agreement, Vinodh Kutty, or
successor (Contract Administrator), shall manage this Agreement on behalf of the
COUNTY and serve as liaison between the COUNTY and CONTRACTOR.
14. COMPLIANCE AND NON-DEBARMENT CERTIFICATION
A. CONTRACTOR shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances currently in force or later enacted.
6
A111593
B. If the source or partial source of funds for payment of services under this
Agreement is federal, state or other grant monies, CONTRACTOR shall comply
with all applicable conditions of the specific referenced or attached grant.
C. CONTRACTOR certifies that it is not prohibited from doing business with either
the federal government or the State of Minnesota as a result of debarment or
suspension proceedings.
15. SUBCONTRACTOR PAYMENT
As required by Minnesota Statutes Section 471.425, Subd. 4a, CONTRACTOR shall pay
any subcontractor within ten(10) days of CONTRACTOR's receipt of payment from the
COUNTY for undisputed services provided by the subcontractor. CONTRACTOR shall
pay interest of 1V2 percent per month or any part of a month to the subcontractor on any
undisputed amount not paid on time to the subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid
balance of less than$100.00, CONTRACTOR shall pay the actual penalty due to the
subcontractor. A subcontractor who prevails in a civil action to collect interest penalties
from a prime contractor must be awarded its costs and disbursements, including any
attorney's fees, incurred in bringing the action.
16. PAPER RECYCLING
The COUNTY encourages CONTRACTOR to develop and implement an office paper
and newsprint recycling program.
17. NOTICES
Any notice or demand which must be given or made by a party under this Agreement or
any statute or ordinance shall be in writing, and shall be sent registered or certified mail.
Notices to the COUNTY shall be sent to the County Administrator with a copy to the
originating Department at the address given in the opening paragraph of the Agreement.
Notice to CONTRACTOR shall be sent to the address stated in the opening paragraph of
the Agreement or to the address stated in CONTRACTOR's Form W-9 provided to the
COUNTY.
18. CONFLICT OF INTEREST
CONTRACTOR affirms that to the best of CONTRACTOR's knowledge,
CONTRACTOR's involvement in this Agreement does not result in a conflict of interest
with any party or entity which may be affected by the terms of this Agreement.
CONTRACTOR agrees that, should any conflict or potential conflict of interest become
known to CONTRACTOR, CONTRACTOR will immediately notify the COUNTY of
the conflict or potential conflict, specifying the part of this Agreement giving rise to the
7
SD-S
A111593
conflict or potential conflict, and will advise the COUNTY whether CONTRACTOR will
or will not resign from the other engagement or representation.
19. PROMOTIONAL LITERATURE
CONTRACTOR agrees that the terms "Hennepin County" or any derivative shall not be
utilized in any promotional literature, advertisements of any type or form or client lists
without the express prior written consent of the COUNTY.
20. MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, State of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the State of Minnesota. If any provision of this
Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be
affected.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
8
A111593 SD _q
COUNTY BOARD AUTHORIZATION
COUNTY OF HENNEPIN
Reviewed by the County STATE OF MINNESOTA
Attorney's Office
By:
Chair of Its County Board
Date:
ATTEST: .
Deputy/Clerk of County Board
Date:
And:
Assistant County Administrator, Human
Services and Public health Department
Date:
CIT r. ' HFIELD I
By: .Ir1
Its: C TY MANAGER
And: / , '
Its: DIR. •' PUBL SAFETY/CHIEF OF POLICE
City organized under:
Statutory Option A Option B Charter
9
A111593
EXHIBIT B
FINANCIAL
Agency: Richfield Police Department
Program: Joint Community Police Partnership
Funding Period:January 1,2012 through December 31,2012
a z. ,. yam .,; udgee v�ar g+ rx:O. .. 3.'.i.,' _A Pfrogranx Rudgc`` niouu .
a. Salary:
Hourly salary($15.78/hr @ 25 hrs/wk) $20,514.00
PERA Coordinated Retirement @ 7.25% $ 1,487.26
FICA contribution @ 7.05% $ 1,446.23
Total Salary Costs $23,447.49
b. Supportive Technology/Equipment/Examinations:
Uniforms/Equipment $ 100.00
Total Supportive Costs $ 100.00
c. Education/Training:
Training $ 1,452.51
Total Education/Training Costs $ 1,452.51
M W .404,0r1 >... F
The$25,000 Congressional Award will be paid out on a quarterly basis in the amount of$6,250 per
Quarter towards the above-referenced Cadet Salary.
Modifications within each category of the above line item budget of less than 10 percent of any line item
are permitted without prior approval by the Program Contract Manager, so long as notification of such
modifications is given to the County.
•r
A111593
EXHIBIT A
CONTRACTED SERVICES
PROGRAM SUMMARY PAGE
City of Richfield Police Department
Joint Community Police Partnership
1. SUMMARY PARAGRAPH: This Agreement provides funding for the identification,selection,and
training of a police cadet at the City of Richfield Police Department. Richfield will conduct
recruitment,interviewing,testing,and enrollment of a cadet into its local police department. The cadet
will participate in the training and day-to-day activities required by the police department, and the
department will coordinate activities of the cadet in conjunction with the Joint Community Police
Partnership. Funding will accommodate a cadet's salary, fringes,testing,uniforms and equipment,
tuition assistance,books and supplies, and application fees.
2. TARGET POPULATION: Eligible cadets
3. SERVICES: Cadet will receive training and educational opportunities in conformance with police
department rules and procedures. Police will conduct recruitment,interviewing,supervision,support,
and training to selected cadets. Cadets must pass relevant police screening and background checks as
necessary.
4. AGENCY STATUS/LICENSURE: The Richfield Police Department is a unit of the City of
Richfield and is a local government authorized under the State of Minnesota statutes.
5. STAFF: The cadet will be under the direct authority of the Richfield Police Department and under the
supervision of Lieutenant Jay Henthorne,a sworn-licensed police officer.
6. FACILITY: Cadets will be housed at the police headquarters at the Richfield Police Department,
6700 Portland Ave S. Richfield,MN 55423.
7. PLACEMENT: This agreement does not require placement as a police officer but rather focuses on
identification,selection, and training activities for a cadet. Cadets who pass the initial recruitment,
selection,and testing period are enrolled as cadets into the police training program. Following the
enrollment,cadets are given up to two years to achieve the academic skill level required to be able to
test for certification as a sworn-license officer in the State of Minnesota.
8. FUNDING SOURCES: Property tax funding.
AGENDA SECTION: CONSENT
AGENDA ITEM# 5E
REPORT# 233
MAIM STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
NOVEMBER 22, 2011
REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION
ENGINEER
NAME,TITLE
DEPARTMENT DIRECTOR
REVIEW: 9
r
REVIEWED BY CITY
Ei41 •
MANAGER: . ✓■ ■ di
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an Agency Agreement between the City and the Minnesota Department of
Transportation to authorize Mn/DOT to pass through federal funds to the City to construct two
bicycle routes in the City.
I. RECOMMENDED ACTION:
By Motion: Approve the attached resolution authorizing approval of
Agency Agreement No. 99916 between the Minnesota Department Of
Transportation (Mn/DOT) and the City of Richfield to authorize
Mn/DOT to pass through federal funds to construct two bike routes in
Richfield.
II. BACKGROUND
The City received Federal grants in 2008 under the Non-Motorized Transportation
Pilot (NTP) Program for the creation of two bike routes within Richfield. After
significant public involvement and Transportation Commission recommendation, the
selected routes were approved for construction by City Council action on
February 8, 2011.
Need for a New Agreement
The original Agency Agreement No. 93492 between Mn/DOT and the City of
Richfield that was approved on October 28, 2008 has since expired. The new
agreement would replace the expired document.
112211 NTPbikeroute
III. BASIS OF RECOMMENDATION
A. POLICY
• Both routes have previously been identified in the City's
Comprehensive Plan. (Appendix 6E & 6F)
• Council approved the previous agreement on October 28, 2008 and
the construction of the bike routes on February 8, 2011.
B. CRITICAL TIMING ISSUES
• The new agreement must be approved before the projects can be bid
for spring 2012 construction.
C. FINANCIAL
• The federal funds will cover 100% of the construction costs for both
projects.
• There is no cost to the City for Mn/DOT to pass through the federal
funds.
D. LEGAL
• The City Attorney has reviewed the attached agreement.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Council may choose to not approve the agreement. This would result in the
return of the grant dollars to the NTP Program.
V. ATTACHMENTS
• Resolution approving Agency Agreement No. 99916
• Mn/DOT Agency Agreement No. 99916
• Graphic of Proposed Routes
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
SF - t
RESOLUTION NO.
RESOLUTION AUTHORIZING ACCEPTANCE OF AGENCY AGREEMENT NO. 99916
BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY
OF RICHFIELD FOR FEDERAL PARTICIPATION IN TWO NON-MOTORIZED
TRANSPORTATION PILOT PROGRAM PROJECTS
WHEREAS, the City of Richfield has proposed two bike routes, the first follows
along the south side of Highway 62 from Penn Avenue to Girard Avenue and continues to
75th Street via Humboldt Avenue and the second is follows Bloomington Avenue from 63rd
Street to Diagonal Blvd continuing along 73rd Street to Portland Avenue and to 76th Street
via 12th Avenue; and
WHEREAS, both projects are eligible for federal funds under the Non-Motorized
Transportation Pilot Program and are identified by the Minnesota Department of
Transportation as State Projects SP 157-091-05 and SP 157-091-06;
NOW, THEREFORE, BE IT RESOLVED, that pursuant to Minnesota Stat. Sec.
161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield
to accept as its agent, federal aid funds which may be made available for eligible
transportation related projects.
BE IT FURTHER RESOLVED, that the Mayor and the City Manager are hereby
authorized and directed for and on behalf of the City to execute and enter into an
agreement with the Commissioner of Transportation prescribing the terms and conditions
of said federal aid participation as set forth and contained in "Minnesota Department of
Transportation Agency Agreement No. 99916," a copy of which said agreement was
before the City Council and which is made a part hereof by reference.
Adopted by the City Council of the City of Richfield, Minnesota this 22nd day of
November, 2011.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
5-_- -a
MnDOT Agreement No. 99916
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF RICHFIELD
FOR FEDERAL PARTICIPATION IN CONSTRUCTION
This agreement is entered into by and between the City of Richfield and the State of
Minnesota acting through its Commissioner of Transportation ("MnDOT"),
Pursuant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the
City agent in accepting federal funds on the City behalf for the construction,
improvement, or enhancement of transportation financed either in whole or in part by
federal funds, hereinafter referred to as the "Project(s)"; and
This agreement is intended to cover all federal aid projects initiated by the City and
therefore has not specific State Project number tied to it, and
The Catalog of Federal Domestic Assistance number or CFDA number is 20.205, and
This agreement supersedes agreement number 84213 and;
MnDOT requires that the terms and conditions of this agency be set forth in an
agreement.
THE PARTIES AGREE AS FOLLOWS:
I. DUTIES OF THE CITY
A. DESIGNATION. The City designates MnDOT to act as its agent in accepting
federal funds in its behalf made available for the Project(s). Details on the
required processes and procedures are available on the State Aid Website
B. STAFFING.
1. The City will furnish and assign a publicly employed licensed engineer,
("Project Engineer"), to be in responsible charge of the Project(s) and to
supervise and direct the work to be performed under any construction
contract let for the Project(s). In the alternative where the City elects to use a
private consultant for construction engineering services, the City will provide
a qualified, full-time public employee of the City, to be in responsible charge
of the Project(s). The services of the City to be performed hereunder may not
be assigned, sublet, or transferred unless the City is notified in writing by
MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR
635.105 and state law. This written consent will in no way relieve the City
Page 1 (MnDOT Agreement No. 99916)
from its primary responsibility for performance of the work.
2. During the progress of the work on the Project(s), the City authorizes its
Project Engineer to request in writing specific engineering and/or technical
services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such
services may be covered by other technical service agreements. If MnDOT
furnishes the services requested, and if MnDOT requests reimbursement,
then the City will promptly pay MnDOT to reimburse the state trunk highway
fund for the full cost and expense of furnishing such services. The costs and
expenses will include the current MnDOT labor additives and overhead rates,
subject to adjustment based on actual direct costs that have been verified by
audit. Provision of such services will not be deemed to make MnDOT a
principal or co-principal with respect to the Project(s).
C. LETTING. The City will prepare construction contracts in accordance with
Minnesota law and applicable Federal laws and regulations.
1. The City will solicit bids after obtaining written notification from MnDOT that
the Federal Highway Administration ("FHWA") has authorized the Project(s).
Any Project(s) advertised prior to authorization will not be eligible for federal
reimbursement.
2. The City will prepare the Proposal for Highway Construction for the
construction contract, which will include all of the federal-aid provisions
supplied by MnDOT.
3. The City will prepare and publish the bid solicitation for the Project(s) as
required by state and federal laws. The City will include in the solicitation the
required- _language for federal-aide construction contracts as supplied by
MnDOT. The solicitation will state where the proposals, plans, and
specifications are available for the inspection of prospective bidders, and
where the City will receive the sealed bids.
4. The City may not include other work in the construction contract for the
authorized Project(s) without obtaining prior notification from MnDOT that
such work is allowed by FHWA. Failure to obtain such notification may result
in the loss of some or all of the federal funds for the Project(s).
5. The City will prepare and sell the plan and proposal packages and prepare
and distribute any addendurns, if needed.
6. The City will receive and open bids.
7. After the bids are opened, the City Council will consider the bids and will
award the bid to the lowest responsible bidder, or reject all bids. If the
construction contract contains a goal for Disadvantaged Business
Enterprises, the City will not award the bid until it has received certification of
the Disadvantaged Business Enterprise participation from the MnDOT Equal
Employment Opportunity Office.
D. CONTRACT ADMINISTRATION.
(MnDOT Agreement No. 99916)
Page 2
ST;- -4
1. The City will prepare and execute a construction contract with the lowest
responsible bidder, hereinafter referred to as the "Contractor," in
accordance with the special provisions and the latest edition of MnDOT's
Standard Specifications for Construction and all amendments thereto.
2. The Project(s) will be constructed in accordance with plans, special
provisions, and standard specifications of each Project. The standard
specifications will be the latest edition of MnDOT Standard Specifications
for Highway Construction, and all amendments thereto. The plans, special
provisions, and standard specifications will be on file at the City Engineer's
Office. The plans, special provisions, and specifications are incorporated
into this agreement by reference as though fully set forth herein.
3. The City will furnish the personnel, services, supplies, and equipment
necessary to properly supervise, inspect, and document the work for the
Project(s). The services of the City to be performed hereunder may not be
assigned, sublet, or transferred unless the City is notified in writing by
MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR
635.105 and state law. This written consent will in no way relieve the City
from its primary responsibility for performance of the work.
4. The City will document quantities in accordance with the guidelines set forth
in the Construction Section of the Electronic State Aid Manual that were in
effect at the time the work was performed.
5. The City will test materials in accordance with the Schedule of Materials
Control in effect at the time each Project was let. The City will notify
MnDOT -when work is in progress on the Project(s) that requires
observation by the Independent Assurance Inspector as required by the
Independent Assurance Schedule.
6. The City may make changes in the plans or the character of the work, as
may be necessary to complete the Project(s), and may enter into
supplemental agreement(s) with the Contractor. The City will not be
reimbursed for any costs of any work performed under a supplemental
agreement unless MnDOT has notified the City that the subject work is
eligible for federal funds and sufficient federal funds are available.
7. The City will request approval from Mn DOT for all costs in excess of the
amount of federal funds previously approved for the Project(s) prior to
incurring such costs: Failure to obtain such approval may result in such
costs being disallowed for reimbursement.
8. The City will prepare reports, keep records, and perform work so as to
enable MnDOT to collect the federal aid sought by the City. Required
reports are listed in the MnDOT State Aid Manual, Delegated Contract
Process Checklist, available from MnDOT's authorized representative. The
City will retain all records and reports in accordance with MnDOT's record
retention schedule for federal aid projects.
9. Upon completion of the Project(s), the Project Engineer will determine
whether the work will be accepted.
(MnDOT Agreement No. 99916)
Page 3
E. PAYMENTS.
1. The entire cost of the Project(s) is to be paid from federal funds made
available by the FHWA and by other funds provided by the City. The City will
pay any part of the cost or expense of the Project(s) that is not paid by
federal funds.
2. The City will prepare partial estimates in accordance with the terms of the
construction contract for the Project(s). The Project Engineer will certify each
partial estimate. Following certification of the partial estimate, the City will
make partial payments to the Contractor in accordance with the terms of the
construction contract for the Project(s).
3. Following certification of the partial estimate, the City may request
reimbursement for costs eligible for federal funds. The City's request will be
made to MnDOT and will include a copy of the certified partial estimate.
4. Upon completion of the Project(s), the City will prepare a final estimate in
accordance with the terms of the construction contract for the Project(s). The
Project Engineer will certify the final estimate. Following certification of the
final estimate, the City will make the final payment to the Contractor in
accordance with the terms of the construction contract for the Project(s).
5. Following certification of the final estimate, the City may request
reimbursement for costs eligible for federal funds. The City's request will be
made to MnDOT and will include a copy of the certified final estimate along
with the required records.
F. LIMITATIONS.
1. The City will comply with all applicable Federal, State, and local laws,
ordinances, and regulations.
2. Nondiscrimination. It is the policy of the Federal Highway Administration and
the State of Minnesota that no person in the United States will, on the
grounds of race, color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance (42 U.S.C. 2000d). Through
expansion of the mandate for nondiscrimination in Title VI and through
parallel legislation, the proscribed bases of discrimination include race, color,
sex, national origin, age, and disability. In addition, the Title VI program has
been extended to cover all programs, activities and services of an entity
receiving Federal financial assistance, whether such programs and activities
are Federally assisted or not. Even in the absence of prior discriminatory
practice or usage, a recipient in administering a program or activity to which
this part applies, is expected to take affirmative action to assure that no
person is excluded from participation in, or is denied the benefits of, the
program or activity on the grounds of race,color, national origin, sex, age, or
disability. It is the responsibility of the City to carry out the above
requirements.
(MnDOT Agreement No. 99916)
Page 4
3. Workers' Compensation. Any and all employees of the City or other persons
while engaged in the performance of any work or services required or
permitted by the City under this agreement will not be considered employees
of MnDOT, and any and all claims that may arise under the Workers'
Compensation Act of Minnesota on behalf of said employees, or other
persons while so engaged, will in no way be the obligation or responsibility of
MnDOT. The City will require proof of Workers' Compensation Insurance
from any contractor and sub-contractor.
4. Utilities. The City will treat all public, private or cooperatively owned utility
facilities which directly or indirectly serve the public and which occupy
highway rights of way in conformance with 23 CFR 645 "Utilities" which is
incorporated herein by reference.
G. AUDIT.
1. The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133, which are incorporated
herein by reference.
2. As provided under Minnesota Statutes Section 160.05, subdivision 5, all
books, records, documents, and accounting procedures and practices of the
City are subject to examination by the United States Government, MnDOT,
and either the Legislative Auditor or the State Auditor as appropriate, for a
minimum of seven years. The City will be responsible for any costs
associated with the performance of the audit.
H. MAINTENANCE. The City assumes_ full responsibility for the.-:operation- and
maintenance of any facility constructed or improved under this Agreement.
CLAIMS. The City acknowledges that MnDOT is acting only as the City's agent
for acceptance and disbursement of federal funds, and not as a principal or co-
principal with respect to the Project. The City will pay any and all lawful claims
arising out of or incidental to the Project including, without limitation, claims
related to contractor selection (including the solicitation, evaluation, and
acceptance or rejection of bids or proposals), acts or omissions in performing the
Project work, and any ultra vires acts. The City will indemnify, defend (to the
extent permitted by the Minnesota Attorney General), and hold MnDOT
harmless from any claims or costs arising out of or incidental to the Project(s),
including reasonable attorney fees incurred by MnDOT. The City's
indemnification obligation extends to any actions related to the certification of
DBE participation, even if such actions are recommended by MnDOT.
J. Federal Funding Accountability and Transparency Act (FFATA). This Agreement
requires the City to provide supplies and/or services that are funded in whole or in
part by federal funds that are subject to FFATA. The City is responsible for
ensuring that all applicable requirements, including but not limited to those set
forth herein, of FFATA are met and that the City provides information to the
MnDOT as required.
1. Reporting of Total Compensation of the City's Executives.
(MnDOT Agreement No. 99916)
Page 5
a. The City shall report the names and total compensation of each of
its five most highly compensated executives for the City's
preceding completed fiscal year, if in the City's preceding fiscal
year it received:
i. 80 percent or more of the City's annual gross revenues
from Federal procurement contracts and Federal financial
assistance subject to the Transparency Act, as defined at 2
CFR 170.320 (and subawards); and
ii. $25,000,000 or more in annual gross revenues from
Federal procurement contracts (and subcontracts), and
Federal financial assistance subject to the Transparency
Act(and subawards); and
iii. The public does not have access to information about the
compensation of the executives through periodic reports
filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or
section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation
information, see the U.S. Security and Exchange
Commission total compensation filings at
hftp://www.sec.qov/answers/execomp.htm.).
Executive means officers, managing partners, or any other employees in
management positions.
b. Total compensation means the cash and noncash dollar value
earned by the executive during the City's preceding fiscal year
and includes the following (for more information see 17 CFR
229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation
rights. Use the dollar amount recognized for financial
statement reporting purposes with respect to the fiscal year
in accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2004) (FAS 123R), Shared
Based Payments.
iii. Earnings for services under non-equity incentive plans.
This does not include group life, health, hospitalization or
medical reimbursement plans that do not discriminate in
favor of executives, and are available generally to all
salaried employees.
iv. Change in pension value. This is the change in present
value of defined benefit and actuarial pension plans.
v. Above-market earnings on deferred compensation which is
not tax qualified.
vi. Other compensation, if the aggregate value of all such
other compensation (e.g. severance, termination
payments, value of life insurance paid on behalf of the
employee, perquisites or property)for the executive
exceeds$10,000.
(MnDOT Agreement No. 99916)
Page 6
2. The City must report executive total compensation described above to the
MnDOT by the end of the month during which this agreement is awarded.
3. The City will obtain a Data Universal Numbering System (DUNS) number
and maintain its DUNS number for the term of this agreement. This
number shall be provided to MnDOT on the plan review checklist submitted
with the plans for each project. More information about obtaining a DUNS
Number can be found at: http://fedoov.dnb.com/webform/
4. The City's failure to comply with the above requirements is a material
breach of this agreement for which the MnDOT may terminate this
agreement for cause. The MnDOT will not be obligated to pay any
outstanding invoice received from the City unless and until the City is in full
compliance with the above requirements.
II. DUTIES OF MnDOT.
A. ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt
and disbursement of federal funds and will act in accordance herewith.
B. PROJECT ACTIVITIES.
1. MnDOT will make the necessary requests to the FHWA for authorization to
use federal funds for the Project(s), and for reimbursement of eligible costs
pursuant to the terms of this agreement.
2. MnDOT will pro_ vide to the City copies of the required_Federal-aid clauses to be included in the bid solicitation and will provide the required Federal-aid
provisions to be included in the Proposal for Highway Construction.
3. MnDOT will review and certify the DBE participation and notify the City
when certification is complete. If certification of DBE participation (or good
faith efforts to achieve such participation) cannot be obtained, then City
must decide whether to proceed with awarding the contract. Failure to
obtain such certification will result in the project becoming ineligible for
federal assistance, and the City must make up any shortfall.
4. MnDOT will provide the required labor postings.
C. PAYMENTS.
1. MnDOT will receive the federal funds to be paid by the FHWA for the
Project(s), pursuant to Minnesota Statutes§ 161.36, Subdivision 2.
2. MnDOT will reimburse the City, from said federal funds made available to
each Project, for each partial payment request, subject to the availability and
limits of those funds.
3. Upon completion of the Project(s), MnDOT will perform a final inspection and
verify the federal and state eligibility of all the payment requests. If the Project
is found to have been completed in accordance with the plans and
(MnDOT Agreement No. 99916)
Page 7
sr-
specifications, MnDOT will promptly release any remaining federal funds due
the City for the Project(s).
4. In the event MnDOT does not obtain funding from the Minnesota Legislature
or other funding source, or funding cannot be continued at a sufficient level to
allow for the processing of the federal aid reimbursement requests, the City
may continue the work with local funds only, until such time as MnDOT is
able to process the federal aid reimbursement requests.
D. AUTHORITY. MnDOT may withhold federal funds, where MnDOT or the FHWA
determines that the Project(s) was not completed in compliance with federal
requirements.
E. INSPECTION. MnDOT, the FHWA, or duly authorized representatives of the
state and federal government will have the right to audit, evaluate and monitor
the work performed under this agreement. The City will make available all books,
records, and documents pertaining to the work hereunder, for a minimum of
seven years following the closing of the construction contract.
III. TORT LIABILITY. Each party is responsible for its own acts and omissions and the
results thereof to the extent authorized by law and will not be responsible for the acts
and omissions of any others and the results thereof. The Minnesota Tort Claims Act,
Minnesota Statutes Section 3/36, governs MnDOT liability.
IV. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
V. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and
executed by the same parties who executed the original agreement, or their successors
in office.
VI. AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the
appropriate State officials pursuant to Minnesota Statutes Section 16C.05.
VII. CANCELLATION. This agreement may be canceled by the City or MnDOT at any time,
with or without cause, upon ninety (90) days written notice to the other party. Such
termination will not remove any unfulfilled financial obligations of the City as set forth in
this Agreement. In the event of such a cancellation the City will be entitled to
reimbursement for MnDOT-approved federally eligible expenses incurred for work
satisfactorily performed on the Project to the date of cancellation subject to the terms of
this agreement.
VIII. DATA PRACTICES ACT. The parties will comply with the provisions of the Minnesota
Government Data Practices Act (Minnesota Statutes chapter 13) as it applies to all data
gathered, collected, created, or disseminated related to this Agreement.
Remainder of this page left intentionally blank
(MnDOT Agreement No. 99916)
Page 8
S ,
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
CITY OF RICHFIELD 2. DEPARTMENT OF TRANSPORTATION
City certifies that the appropriate person(s)
have executed the contract on behalf of the
City as required by applicable articles, By:
bylaws, resolutions or ordinances
Title: Director
By: State Aid for Local Transportation
Debbie Goettel
Title: Mayor
Date:
Date:
3. COMMISSIONER OF ADMINISTRATION
By:
Steven L.... Devich By: .
Title: City Manager
Date:
Date:
•
Page 9 (MnDOT Agreement No. 99916)
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AGENDA SECTION: CONSENT
AGENDA ITEM# 5F
REPORT# 234
magi' STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
NOVEMBER 22, 2011
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME,TITLE
A
DEPARTMENT DIRECTOR
REVIEW: / /i
REVIEWED BY CITY r,/ ��
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Approval of an amendment to a Public Health and Environmental Health Mutual Aid
Agreement with Twin City Health Entities which extends the agreement through December 31,
2012.
I. RECOMMENDED ACTION:
By Motion: Approve an amendment to a Public Health and
Environmental Health (PHEH) Mutual Aid Agreement with Twin City
Health Entities, including Richfield, which extends the agreement
through December 31, 2012.
II. BACKGROUND
Minnesota State Statutes Section 471.59 states that political subdivisions of the
State of Minnesota may jointly and cooperatively exercise powers common to each
of the contracting parties. A total of eighteen political subdivisions have met and
believe it is important to have a Public Health Mutual Aid Agreement between them
to strengthen the preparedness of the public health system in Minnesota.
Emergencies may occur in the future that will require local public health entities to
come to the aid and assistance of other local public health entities. Therefore, the
intent of the agreement is to make personnel, equipment and other resources
available to other participants in the event of an emergency, training, drill or
exercise.
112211 Amendment to PHEH Mutual Aid Agreement
The original agreement was signed by those participating in February of 2007 and is
set to expire on December 31, 2011. An oversight at Hennepin County resulted in
the need for an amendment that will extend the current contract through December
31, 2012.
Once the amendment is approved and completed, Hennepin County will begin
steps to renew it again beginning in 2013 for a period of somewhere between five to
seven years. The actual length of a new amendment is still under consideration by
those involved.
III. BASIS OF RECOMMENDATION
A. POLICY
• It is recognized and acknowledged that in certain situations; including
but not limited to, natural disasters, public health emergencies,
technological hazards, man-made disasters, civil emergencies,
community disorders, insurgency or enemy attack, or training, drills or
exercises in preparation for any of these eventualities, the use of the
personnel, equipment, supplies and/or services of a local public health
entity to perform functions outside its jurisdictional limits is desirable
and necessary to preserve and protect the health, safety and welfare
of the citizens of the State of Minnesota.
B. CRITICAL TIMING ISSUES
• This amendment must be approved and forwarded to Hennepin
County before December 31, 2011 so that the agreement can be
extended to December 31, 2012.
C. FINANCIAL
• N/A
D. LEGAL
• The City Attorney has reviewed this agreement and has approved of
its contents.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• The Council could decide not to approve the agreement. This would mean
that Richfield could not depend on counties or cities within the seven county
metro areas to provide public health mutual aid to Richfield.
V. ATTACHMENTS
• Amendment to the Public Health and Environmental Health Mutual Aid
Agreement (without 21 signature pages).
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
SV - I
AMENDMENT NO. 1 To the
Twin Cities Public Health and Environmental Health Entities in Minnesota
MUTUAL AID AGREEMENT NO. A071858
The original participating parties set forth on Exhibit A of the Agreement, having executed
the Twin Cities Public Health Department in Minnesota PUBLIC HEALTH MUTUAL AID
AGREEMENT on or about February, 2007 and, further, those same parties shall hereby
execute this Amendment No.1.
IT IS HEREBY AGREED that Agreement No. A071858 between the herein-named parties
is hereby amended in accordance with the provisions set forth below:
1. Section VIII. DURATION, of the original contract shall be amended to read:
"This Agreement will commence upon August 13, 2008 and shall terminate December 31,
2012, unless terminated sooner pursuant to Section XI herein. This Agreement will only
apply to those parties who have lawfully executed the document and returned a copy to:
Hennepin County Public Health Emergency Preparedness
Attention: Emergency Preparedness Unit Supervisor
1011 First Street South, Suite 215
Hopkins, MN 55343
(612) 543-5220"
This Amendment No. 1 may be executed in any number of counterparts, each counterpart for all
purposes being deemed an original and all such counterparts shall together constitute one and the
same agreement.
Except as hereinabove amended, the terms, conditions and provisions of said Agreement No.
A071858 shall remain in full force and effect.
THIS PORTION OF PAGE INTENTIONALL LEFT BLANK.
5F -0,
Exhibit A 2011
Participating Parties to the Agreement:
Signers to the Twin Cities Public Health and Environmental Health Entities in Minnesota
Mutual Aid Agreement NO. A071858, AMENDMENT No. 1
County of Anoka County City of Bloomington
County of Carver County City of Brooklyn Park
County of Dakota County City of Edina
County of Hennepin County City of Maplewood
County of Ramsey County City of Minneapolis
County of Scott County City of Minnetonka
County of Washington County City of St. Louis Park
City of St. Paul
City of Richfield
University of Minnesota City of Wayzata
Note:
The cities of Crystal and Hopkins, previous participating parties to this Agreement, are no longer
providing environmental health services.
AGENDA SECTION: CONSENT
AGENDA ITEM# 5G
REPORT# 235
STAFF REPORT
RICHFIELD
CITY COUNCIL MEETING
NOVEMBER 22, 2011
REPORT PREPARED BY: ROBERT HINTGEN,UTILITY
SUPERINTENDENT
NAME,TITLE
DEPARTMENT DIRECTOR
40
REVIEW:
s 'muRE ara
REVIEWED BY CITY •
MANAGER: eliF .,,4.1111110__lit.
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a contract with Graymont (WI), LLC Company for 1,400 tons of quick lime for
water treatment.
I. RECOMMENDED ACTION:
By Motion: Approve contract with Graymont (WI), LLC Company for
the purchase of quick lime in the amount of $174,230.00 ($124.45/ton)
for 2012.
II. BACKGROUND
The chemical quick lime is used in the water treatment process to lower hardness
thus producing softened water. Approximately 1,400 tons of quick lime is required
each year.
Graymont (WI), LLC. was the only bidder and met all bid specifications. They are
an established contractor that meets all requirements. Carmeuse Lime and Stone
was interested in submitting a bid proposal but was not able to acquire a
countersignature on the bid bond in the time allotted.
History of Quick Lime Contracts
• December 8, 2009 Council approved a one-year contract with Graymont
(WI), LLC Company for 2010 in the amount of$168,000.00.
• The Quick Lime Bid Specifications included language stating the contract
may be extended for additional one-year periods to a maximum contract
112411 quicklime
period of three years upon mutual consent of both parties. Graymont agreed
to supply quick lime in 2011 at no increase in price.
On October 20, 2011 the ad for bid was published in the Sun Current with a bid
opening on November 2, 2011. Graymont submitted the only proposal with a 3.7%
price increase for 2012.
III. BASIS OF RECOMMENDATION
A. POLICY
• Contracts estimated to have a value over$100,000 must be made by
sealed bids, solicited by public notice and awarded to the lowest
responsible bidder.
• When the purchase of materials, merchandise, equipment or
construction exceeds $50,000.00, authority to purchase shall be
submitted to the City Council for consideration.
B. CRITICAL TIMING ISSUES
• Quick lime is a necessary chemical required in the water softening
process and the 2011 contract expires December 31, 2011.
C. FINANCIAL
• A recent history of prices for this product is:
Years Base Price Est. Annual Cost Vendor
2006 $78.66/Ton $107,240.00 Cutler Magner
2007 $95.20/Ton $133,280.00 Cutler Magner
2008 $99.65/Ton $139,510.00 Cutler Magner
2009 $112.00/Ton $156,800.00 Graymont
2010 $120.00/Ton $168,000.00 Graymont
2011 $120.00/Ton $168,000.00 Graymont
2012 $124.45/Ton $174,230.00 Graymont
• Funding for the purchase of quick lime is in the 2012 Water
Department Budget, line item 51000-6413 (Chemicals).
D. LEGAL
• The City Attorney reviewed the job specifications and contract.
E. ENVIRONMENTAL CONSIDERATIONS
• None
IV. ALTERNATIVE RECOMMENDATIONS)
• Council may reject the bid and direct staff to readvertise; however, staff does
not believe we can obtain a better price from a reputable contractor.
V. ATTACHMENTS
• Bid Tab
• Contract
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
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DRAFT s G - a
CITY OF RICHFIELD
HENNEPIN COUNTY, MINNESOTA
CONTRACT
Purchase of Quick Lime
Bid No. 11-05
Contract No. 2774
THIS AGREEMENT made this 22nd day of November 2011 between the City of
Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called
"The City," and Graymont (WI), LLC, Foot of Hill Avenue, Superior, WI 54880, the
"Contractor," witnesseth; that the Contractor, in consideration of the payment of the
contract price therefore, amounting substantially to ONE HUNDRED SEVENTY-FOUR
THOUSAND, TWO HUNDRED THIRTY AND NO/100 ($174,230.00) Dollars agrees to
furnish all materials (except such as are specified to be furnished by the City, if any), all
necessary tools and equipment, and to do and perform all the necessary work and labor
for the full completion of City projects as follows:
Purchase of 1,400 Tons of Quick Lime for the Water Treatment Plant
At 6221 Portland Avenue
as per specifications, for the price and compensation set forth and specified in the
proposal signed by the Contractor, which is hereto attached and hereby made a,part of
this Agreement, all in accordance with the specifications and special provisions
therefore on file in the office of the Utility Superintendent, City of Richfield, and hereby
made a part of this Agreement. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and there respective successors and assigns.
"The contract price is a unit price of$124.45 per ton in calendar year 2012."
The Contractor agrees that the work shall be done and performed in the best and most
workmanlike manner; that all materials and labor shall be in strict conformity in every
respect with the plans, specifications and special provisions for the improvement, shall
be subject to inspection and approval of the City or a duly authorized engineer of the
City, and in case any material or labor supplied shall be rejected by the City or engineer
as defective or unsuitable, then such rejected material shall be removed, and replaced
with approved material and the rejected labor shall be done anew to the satisfaction and
Approval of the City or Utility Superintendent and at the cost and expense of the
Contractor.
1
GG -3
Purchase of Quick Lime
Bid No. 11-05
Contract No. 2774
The Contractor further agrees that he will commence work immediately upon receipt of
contract, and will have all work done and the improvement fully completed to the
satisfaction and approval of the City Council of the City of Richfield, Minnesota, as
provided in the specifications.
Time is the essence of this contract for prompt completion and if the Contractor shall fail
to complete the work within the time herein specified, the City shall have the right to
deduct from the unpaid part of the contract price, the amount, or amounts specified in
the specifications, or, if no moneys shall be due the Contractor, to recover damages in
accordance with said specifications, for each and every working day thereafter during
which the contract shall remain unfinished and incomplete, such damages being hereby
agreed upon as liquidated damages in lieu of actual damages occasioned by such
delay, but special provisions, if any, contained in the proposal are also continued in
effect and shall be read and construed as part of this provision as to the completion and
liquidated damages for delay.
It is agreed, however, that upon receipt of written notice from the Contractor of the
existence of causes over which the Contractor has no control and which will delay the
completion of the work, the City Council in its discretion, and in accordance with the
specifications, may extend the date hereinbefore specified for completion, and in such
case the Contractor shall become liable for said liquidated damages only for failure to
perform within the time so extended.
It is agreed, also, that delays caused by the elements or by strikes or other combined
action of workmen employed in the construction or in the transportation of materials, but
in no part caused or resulting from default or collusion on the part of the Contractor,
shall be excused to the extent which the City Council may find and determine such
conditions to have delayed completion within the time limit, but the judgement of the
City Council in fixing such amount shall be final and conclusive upon the parties hereto.
It is distinctly understood and agreed that no claims for extra work done or materials
furnished by the Contractor will be allowed by the City Council except as provided
herein, nor shall the Contractor do any work or furnish any materials not covered by the
plans, specifications, special provisions, and this contract, unless such work is first
ordered in writing, as provided in the specifications.
Any such work or materials which may be done or furnished by the Contractor without
such written order first being given shall be at his own risk, cost and expense, and he
hereby agrees that without such written order he will make no claim for compensation
for work or materials so done or furnished.
2
5 G -q
Purchase of Quick Lime
Bid No. 11-05
Contract No. 2774
It is further agreed, anything to the contrary notwithstanding, that the City of Richfield,
City Council, and its agents or employees shall not be personally liable or responsible in
any manner to the Contractor, Subcontractors, materialmen, laborers, or to any person
or persons whomsoever, for any claim, demand, damages, actions or causes of action
of any kind or character arising out of or by reason of the execution of this Agreement or
the performance and completion of the work and improvement provided herein.
Dated at Richfield, Minnesota, this 22nd day of November, 2011.
Signatures for Graymont (WI), LLC. Signatures for City of Richfield, MN
By By
Debbie Goettel, Mayor
Its
Date Date
By By
Steven L. Devich, City Manager
Its
Date Date
3
AGENDA SECTION: CONSENT
AGENDA ITEM# 5H
REPORT# 236
IN■Alli STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
NOVEMBER 22, 2011
REPORT PREPARED BY: ROBERT HINTGEN,UTILITIES
SUPERINTENDENT
DEPARTMENT DIRECTOR
Er , ,
REVIEW: ,
REVIEWED BY CITY
j A7vns /
MANAGER: ,1 -
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a contract with Moelter Grain, Inc. for lime residual disposal.
I. RECOMMENDED ACTION:
By Motion: Approve a contract with Moelter Grain, Inc. for lime
residual disposal for a two-year period (2012 — 2013) in the amount of
$61,515.00 per year or $123,030.00 for two years.
II. BACKGROUND
As part of the lime softening process a lime residual is produced. This lime residual
is trucked away for disposal. Each year roughly 4,500 cubic yards of lime residual
is produced.
On October 20, 2011 an ad for bid was published in the Sun Current with a bid
opening on November 2, 2011. Three bid proposals were submitted with Moelter
Grain, Inc. being the lowest responsible bidder.
The contract is for a two-year period (2012 —2013) with an option for two additional
one-year renewals.
III. BASIS OF RECOMMENDATION
A. POLICY
11222011lime residual
• Contracts estimated to have a value over$100,000 must be made by
sealed bids, solicited by public notice and awarded to the lowest
responsible bidder.
• When the purchase of materials, merchandise, equipment or
construction exceeds $50,000.00, authority to purchase shall be
submitted to the City Council for consideration.
B. CRITICAL TIMING ISSUES
• It is necessary to remove and dispose the lime residual from the
dewatering presses and the 2011 contract expires December 31,
2011.
C. FINANCIAL
• A recent history of prices for this product is:
Years Annual Cost Vendor
2005 through 2008 $49,005/yr Malecha Trucking
2009 through 2011 $63,000/yr Malecha Trucking
2012 through 2013 $61,515/yr Moelter Grain Trucking
• There are sufficient funds in the Water Maintenance budgets for the
disposal of the lime residual, line item 6205 (Maintenance and
Repairs)
D. LEGAL
• The City Attorney reviewed the job specifications and contract.
E. ENVIRONMENTAL CONSIDERATIONS
• Lime residual needs to be disposed of properly to be environmentally
safe.
IV. ALTERNATIVE RECOMMENDATION(S)
• Council may reject the bid and direct staff to readvertise; however, staff does
not believe we can obtain a better price from a reputable contractor.
V. ATTACHMENTS
• Bid Tab
• Contract
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
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DRAFT 1_ _g
CITY OF RICHFIELD
HENNEPIN COUNTY, MINNESOTA
CONTRACT
City Bid No. 11-06
Contract No. 2775
Class of Work: Lime By-Product Disposal for the City of Richfield, MN
THIS AGREEMENT made this 22nd day of November 2011, between the City of Richfield,
Minnesota, acting by and through its Mayor and City Manager, herein called the "City," and
Moelter Grain, Inc., 444 County Road MM, River Falls, WI 54022, herein called the "Contractor,"
witnesseth; that the Contractor, in consideration of the payment of the contract price therefor,
amounting substantially to ONE HUNDRED TWENTY-THREE THOUSAND, THIRTY AND
NO/100 ($123,030.00) Dollars, agrees to furnish all materials (except such as are specified to
be furnished by the City, if any), all necessary tools and equipment, and to do and perform all
the necessary work and labor for the full completion of city projects as follows:
Haul and dispose of approximately 9,000 cubic yards (4,500 cu. yds/year)
of lime by-product for the Water Treatment Plant
at 6221 Portland Avenue
as shown in the approved plans, for the price and compensation set forth and specified in the
proposal signed by the Contractor, which is hereto attached and hereby made a part of this
Agreement, all in accordance with the plans, specifications and special provisions therefor on
file in the office of the Utility Superintendent at the Water Plant, City of Richfield, and hereby
made a part of this Agreement. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
"The contract price is a unit price of$13.67 per cubic yard in calendar years 2012 and 2013."
The Contractor agrees that the work shall be done and performed in the best and most
workmanlike manner; that all materials and labor shall be in strict conformity in every respect
with the plans, specifications and special provisions for the improvement, shall be subject to
inspection and approval of the City Utility Superintendent located at the Water Plant, and in
case any material or labor supplied shall be rejected by the City as defective or unsuitable, then
such rejected material shall be removed and replaced with approved material and the rejected
labor shall be done anew to the satisfaction and approval of the City and at the cost and
expense of the Contractor.
The contractor further agrees that he will commence work upon receipt of contract, and will
have all work done and the improvement fully completed to the satisfaction and approval of the
City Council of the City of Richfield, Minnesota, as provided in the specifications.
It is agreed, however, that upon receipt of written notice from the Contractor of the existence of
causes over which the Contractor has no control and which will delay the completion of
specifications may extend the date hereinbefore specified for completion. In such case the
Contractor shall become liable for said liquidated damages only for failure to perform within the
time so extended.
SN -3
Page 2
City Bid No. 02-08
Contract No. 2661
Class of Work: Lime By-Product Disposal for the City of Richfield, MN
It is agreed also that delays caused by the elements or by strikes or other combined action of
workmen employed in the construction or in the transportation of materials, but in no part
caused or resulting from default or collusion on the part of the Contractor, shall be excused to
the extent which the City may find and determine such conditions to have delayed completion
within the time limit. The judgment of the City in fixing such amount shall be final and
conclusive upon the parties hereto.
It is distinctly understood and agreed that no claims for extra work done or materials furnished
by the Contractor will be allowed by the City except as provided herein, nor shall the Contractor
do any work or furnish any materials not covered by the plans, specifications, special provisions
and this Agreement unless such work is first ordered in writing as provided in the specifications.
Any such work or materials which may be done or furnished by the contractor without such
written order first being given shall be at his own risk, cost and expense and he hereby agrees
that without such written order he will make no claim for compensation for work or materials so
done or furnished.
It is further agreed, anything to the contrary notwithstanding, that the City of Richfield, City
Council and its agents or employees shall not be personally liable or responsible in any manner
to the Contractor, Subcontractors, materialmen, laborers or to any person or persons
whomsoever for any claim, demand, damages, actions or causes of action of any kind or
character arising out of or by reason of the execution of this Agreement or the performance and
completion of the work and improvement provided herein.
Dated at Richfield, Minnesota, this 22nd day of November, 201.1.
Signatures for Moelter Grain, Inc. Signatures for City of Richfield, Minnesota
By By
Debbie Goettel, Mayor
Its
Date Date
By By
Steven L. Devich, City Manager
Its
Date Date
AGENDA SECTION: OTHER
BUSINESS
, AGENDA ITEM# 7
, REPORT# 237
MAIO STAFF REPORT
RICHFIELD CITY COUNCIL MEETING
NOVEMBER 22, 2011
REPORT PREPARED BY: JAY HENTHORNE, POLICE
LIEUTENANT
NAME,TITLE
DEPARTMENT DIRECTOR
REVIEW: Ail
IGNATURL•'
REVIEWED BY CITY
r
MANAGER: A ` 41. r 1
E -
O.
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the renewal of the contract with Chief's Towing, Inc. for Public Safety towing
services for December 1, 2011 through November 30, 2012.
I. RECOMMENDED ACTION:
• By Motion: Approve the renewal of the attached contract for Public
Safety towing services, December 1, 2011 through November 30,
2012, between the City of Richfield and Chief's Towing, Inc., 8610
Harriet Avenue South, Bloomington, MN.
• Prices will reflect a 3% cost of living increase in fees for all
services except the fees for forfeited vehicles which will not
increase.
II. BACKGROUND
The City currently has a contract with Chief's Towing, Inc. for Public Safety towing services.
Chief's Towing, Inc. was awarded the contract for 2011 and would like to renew the contract
for the year 2012, as the contract expires on November 30, 2011. The contract can be
automatically renewed if both parties agree to the renewal and if Chief's notifies the City in
writing 30 days in advance of the expiration of the contract that they wish to renew.
Chief's Towing, Inc. is located in the City of Bloomington and previously contracted with the
City of Richfield for Public Safety towing services. Their performance during the previous
112211 Renewal of Chief's Towing Contract for 2012
contract period was satisfactory. They meet all requirements stated in the contract and
currently tow for Bloomington Police, as well.
III. BASIS OF RECOMMENDATION
A. POLICY
• Chief's notified the City that they wish to renew the contract for 2011-2012.
• The Public Safety Department wishes to renew the contract with Chief's Towing,
Inc.
• Contracts for services need not be competitively bid.
• The contract has numerous conditions that must be met. Chiefs Towing, Inc. is
a reputable, established towing business that meets all contract requirements.
B. CRITICAL TIMING ISSUES
• A six-month notice must be given by either party in writing to terminate the
contract.
• On December 1, 2011, Public Safety must have towing services. This is
particularly important with the possibility of snow emergencies occurring at any
time.
• Chief's is a large towing company that can handle the needs of Public Safety
regarding seizure/impound vehicles and comply with City ordinances that a
smaller company could not handle effectively.
C. FINANCIAL
• The current contract with Chief's reflects rates from 2010-2011. Rates will
increase 3% for the period December 1, 2011 — November 30, 2012, with the
exception of the forfeited vehicle fees which will not increase, per the attached
letter from Jeffery Schoenborn, General Manager of Chief's Towing.
• There is adequate funding in the Public Safety budget to cover the costs.
D. LEGAL
• The City Attorney has reviewed and approved the past contract with Chief's
Towing, Inc.
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATIONS)
• Do not sign the contract. However, Public Safety must have towing and impounding
services beginning December 1, 2011.
V. ATTACHMENTS
• Jeff Schoenborn's (Chief Towing) Letter
• 2011-2012 Contract with Chief's Towing, Inc.
• Price Sheet for Towing, Impounding & Storage
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• No one.
��\ Chief's Towing, Inc
��0' 8610 Harriet Ave. S.
Bloomington, MN 55420
N,, 952-888-2201
1
November 3, 2011
City of Richfield
Richfield Public Safety Department
Mr. Jay Henthorne
6700 Portland Avenue South
Richfield, MN 55423
RE: CONTRACT FOR TOWING OF CITY VEHICLES, IMPOUNDING AND STORAGE OF
MOTOR VEHICLES CONTRACT DECEMBER 1, 2011 THRU NOVEMBER 30, 2012.
Dear Mr. Henthorne,
We at Chief's Towing, Inc. would like to take this opportunity to thank you for allowing us to perform
the towing, impounding and storage of motor vehicles for the City of Richfield this past year. We
would like to extend the contract for an additional (1) year period, with an addendum of a minimal
2.9% increase.
The cost of living increase of 2.9% is based off of the Consumer Price Index as it pertains to the
Midwest Urban Area, categorized under "All Items".
C'OJ You can view the Consumer Price Index Database by following this link: 2011-2012 CPI
For your convenience I have attached a copy of the report to this addendum.
Formula: Percentage numbers are calculated by using the 1st 1/2 half of 2011, less
the 1St 1/2 half of 2010, divided by the 1st 1/2 of 2010 and multiplied by 100.
At this time we will not seek an increasing in fee's charged for forfeited vehicles as a show of
appreciation for your continued support in having said vehicles removed from our inventory in a timely
manner.
Sincerely,
Jeffery R. Schoenborn
Chief's Towing, Inc.
General Manager
SO/JS enc
CITY OF RICHFIELD, MN
-02.
AGREEMENT BETWEEN THE CITY OF RICHFIELD
AND CHIEF'S TOWING, INC.
FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES
THIS AGREEMENT is made this 30th day of November, 2011, between the City of Richfield, a
Minnesota municipal corporation located at 6700 Portland Avenue South, Richfield, Minnesota 55423
(hereinafter referred to as the "City"), and Chief's Towing, Inc., located at 8610 Harriet Avenue South
(hereinafter referred to as the "Contractor").
WITNESSETH
WHEREAS, the City has a need to contract for the towing, impounding and storage of motor
vehicles; and
WHEREAS, the City requires that the towing operators are located within three (3) miles of the
City limits; and
WHEREAS, the Contractor is the operator of a towing and storage facility within three (3)
miles of the City limits and has the expertise and capabilities to provide the required services;
NOW THEREFORE, in consideration of the terms and conditions expressed herein, the
parties agree as follows:
I. TERM OF AGREEMENT
The term of this Agreement shall be from December 1, 2011, to November 30, 2012, subject
to termination as provided in Subdivision V.
II. DUTIES OF CONTRACTOR
A. The Contractor shall tow, impound, and store all motor vehicles, which are ordered
removed under the direction of the police chief, or the fire chief, of the City of Richfield
or their authorized and legal representatives. The Contractor shall be entitled to a
charge for its towing and storage services pursuant to those fees specified in the
Contractor's Proposal (Exhibit B). It is agreed that neither the City nor the Richfield
Police Department is responsible for any charges as a result of towing and/or storage,
7 -;
with the exception of those vehicles identified by the Police as subject to forfeiture, and
that the Contractor assumes liability for any unpaid charges.
B. The Contractor agrees to provide the services, as proposed, and perform all other terms
and conditions according to the City's Specifications and the Contractor's Proposal,
incorporated by reference herein as Exhibit A and Exhibit B.
C. The Contractor shall defend, indemnify and hold harmless, the City of Richfield, its
officials, employees and agents, from any and all claims, causes of action, lawsuits,
damages, losses, or expenses, including attorney fees, arising out of or resulting from
the Contractor's (including its officials, agents or employees), performance of the duties
required under this Agreement, provided that any such claim, damages, loss or expense
is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of
property including the loss of use resulting therefrom and is caused in whole or in part
by any negligent act or omission or willful misconduct of Contractor.
D. It is agreed that nothing herein contained is intended or should be construed in any
manner as creating or establishing the relationship of copartners between the parties
hereto or as constituting the Contractor's staff as the agents, representatives or
employees of the City for any purpose in any manner whatsoever. The Contractor and
its staff are to be and shall remain an independent contractor with respect to all services
performed under this Agreement. The Contractor represents that it has, or will secure
at its own expense, all personnel required in performing services under this Agreement.
Any and all personnel of the Contractor or other persons, while engaged in the
performance of any work or services required by the Contractor under this Agreement,
shall have no contractual relationship with the City and shall not be considered
employees of the City, and any and all claims that may or might arise under the
Workers' Compensation Act of the State of Minnesota on behalf of said personnel or
7- q
other persons while so engaged, and any and all claims whatsoever on behalf of any
such person or personnel arising out of employment or alleged employment including,
without limitation, claims of discrimination against the Contractor, its officers, agents,
contractors or employees shall in no way be the responsibility of the City; and the
Contractor shall defend, indemnify and hold the City, its officers, agents and employees
harmless from any and all such claims regardless of any determination of any pertinent
tribunal, agency, board, commission or court. Such personnel or other persons shall
not require nor be entitled to any compensation, rights or benefits of any kind
whatsoever from the City, including, without limitation, tenure rights, medical and
hospital care, sick and vacation leave, Workers' Compensation, Unemployment
Compensation, disability, severance pay and PERA.
E. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota
Statutes, Section 363.
F. The Contractor agrees to maintain for the full term of this Agreement, the following
minimum insurance coverage:
a) $1,000,000.00 Comprehensive General Liability insurance, Business Auto
Policy with $1,000,000.00 limits and Garage Keeper's Legal Liability.
b) Workers' Compensation insurance covering all employees of the Contractor,
or his agents, in accordance with the Minnesota Workers' Compensation Law.
Certifications of insurance must be filed with the City and shall include a provision that
states the insurance company shall give the City at least 25 days written notice prior to
cancellation, non-renewal, or any material change in the policy. The Contractor further
agrees to name the City of Richfield as additional insured on said comprehensive
general liability policy.
7-
G. The Contractor agrees to furnish on or before the date this Agreement becomes
effective, an acceptable corporate surety bond in the amount of$10,000, payable to the
City of Richfield and subject to approval by the Richfield City Attorney, for the faithful
performance of all duties and obligations imposed under the terms and conditions of the
Agreement.
III. DUTIES OF THE CITY
The City agrees to pay the Contractor the flat rate charge of$152.00 per vehicle for the towing
and storage of vehicles identified by the Police Department as subject to forfeiture and which are
subsequently released to the Police Department.
IV. MISCELLANEOUS
A. This agreement represents the entire Agreement between the Contractor and the City and
supersedes and cancels any and all prior agreements or proposals, written or oral,
between the parties relating to the subject matter hereof; and amendments, addenda,
alterations, or modifications to the terms and conditions of this Agreement shall be in
writing and signed by both parties.
B. The Contractor agrees to comply with the Americans With Disabilities Act (ADA), Section
504 of the Rehabilitation Act of 1973, and not discriminate on the basis of disability in the
admission or access to, or treatment of employment in its services, programs, or activities.
The Contractor agrees to hold harmless and indemnify the City from costs, including but
not limited to damages, attorney's fees and staff time, in any action or proceeding brought,
alleging a violation of ADA and/or Section 504 caused by the Contractor. Upon request,
accommodation will be provided to allow individuals with disabilities to participate in all
services, programs and activities. The City has designated coordinators to facilitate
compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107
of the U.S. Department of Justice regulations, and to coordinate compliance with Section
7- 4
504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department
of Housing and Urban Development regulations.
C. The Contractor will comply with all applicable provisions of the Minnesota Government
Data Practices Act, Chapter 13 of the Minnesota Statutes. The Contractor agrees to
comply with all applicable local, state and federal laws, rules and regulations in the
performance of the duties of this contract.
D. This Agreement shall not be assignable except at the written consent of the City.
E. The books, records, documents, and accounting procedures of the Contractor, relevant to
this Agreement, are subject to examination by the City, and either the legislative or state
auditor as appropriate, pursuant to Minnesota Statutes, Section 168.06, Subdivision 4.
F. The City and the Contractor agree to submit all claims, disputes and other matters in
question between the parties arising out of or relating to this Agreement to mediation. The
mediation shall be conducted through the Mediation Center, 1821 University Avenue, St.
Paul, Minnesota. The parties hereto shall decide whether mediation shall be binding or
non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the
event mediation is unsuccessful, either party may exercise its legal or equitable remedies
and commence such action prior to the expiration of the applicable statute of limitations.
V. TERMINATION
Either party may terminate this Agreement for any reason upon giving six (6) months
advanced written notice to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the
day and year first above written.
`7 -1
CITY OF RICHFIELD
DATED: BY:
Its Mayor
DATED: BY:
Its Manager
CHIEF'S TOWING, INC.
DATED: BY:
Its:
EXHIBIT A
2011-2012
SPECIFICATIONS
TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES
GENERAL:
It is the intent and purpose of these specifications to specify and detail the requirements for the
Towing, Impounding and Storage of Motor Vehicles for the City of Richfield 24 hours per day, 365
days per year, on an as needed and directed basis. Such direction is to be by the Chief of Police, the
Fire Chief, or their authorized and legal representatives.
The contract for service shall commence on December 1, 2011 and terminate on November 30, 2012.
The City reserves the right to extend the contract for additional (1) one year periods if such an
extension is permitted by the Contractor, the standard of service is satisfactory, and, has the approval
of the Richfield City Council.
At the time of contract extension, the contractor may request a price increase for all categories to be
effective during the contract extension period. Any requested increase shall not exceed the
Consumer Price Index for the Minneapolis/St Paul urban area and have the approval of the Richfield
City Council. Application for extension and price increases or decreases shall be initiated by the'
performing contractor, must be submitted in writing and be in the hands of the proper Director of
Public Safety at least sixty (60) days prior to the date of contract expiration.
All of the towing, impounding and storage of motor vehicles under this contract shall be in accordance
with Minnesota Chapter 168B and any section of the Richfield City Code related thereto.
SPECIAL PROVISIONS:
1. The contractor must own or have direct access to satisfactory equipment and trained, available
personnel, in order to provide immediate and prompt service as ordered and requested by the
authorized City officials.
2. The contractor must own or have available within (3) miles of Richfield's city limits the following
equipment as a minimum:
A. Two trucks having a manufacturer's gross vehicle weight rating of 4 ton or more, to be equipped
with a crane and winch, and further equipped to control the movement of the towed vehicle, and
B. Equipment sufficient and designed to move a completely demolished vehicle by means of dollies
or low-bed trailers.
A listing of all equipment to be utilized shall be submitted to the City. Such listing shall
show the make and model of all equipment available for use under this contract, along with
size and all other pertinent information, such as specialized equipment not necessarily
herein specified, but which may be a factor in performing effectively and efficiently.
7 -q
All equipment to be used by the contractor under this contract shall be maintained in good
repair and condition. The City reserves the right to inspect the equipment from time to time
for the purpose of determining that equipment condition is in conformance with the terms
and conditions of the specifications and the contract.
3. All storage and parking lot facilities and all equipment to be used by the contractor under this
contract must be located within (3) miles of Richfield's city limits. The storage and parking lot
facilities must meet all of the applicable State building code standard and municipal license and
zoning requirements, including those relating to screening and landscaping of the City in which the
facility is located.
4. The facilities proposed to be utilized under this contract must have the capability of storing a
minimum of one (1) vehicle inside and a further capability of providing storage for a minimum of
(25) twenty-five vehicles outside. Inside storage will be necessary only when so requested or
directed by an authorized official of the City of Richfield as identified in these specifications. When
a direction is given to store a unit inside, such directions may be accompanied by certain
instructions for security measures to be employed. The security responsibilities become the
responsibility of the storing agent while the unit is in their keeping.
5. The Contractor performing under this contract shall assume all and full responsibility for the
conduct of his/her employees. The Contractor guarantees that all of the employees performing
under this contract will be adequately trained in their profession, will respond promptly to all calls,
will provide safe and adequate equipment (as herein specified), be clean and neat in appearance,
use decent language, free of profanity, and treat the public courteously at all times. Request for
service from the Richfield Police Department must be given priority by all dispatchers. Failing to
meet any or all of the requirements of this section may result in cause for terminating the contract
at any time as per the conditions specified for contract termination.
6. The Contractor will be solely responsible for loss or damage to any vehicle, including all
equipment and contents, from the time direction is given by the authorized City representative
turning the vehicle over to the Contractor or his Agency and until such time as the vehicle is
legally released to the registered or actual owner or legal agent thereof.
7. The performing contractor must agree to maintain proper records of all vehicles received. The
record keeping system shall meet the approval of the Richfield Public Safety Director and records
are to be available at all times for inspection by authorized City officials. The records must include
a copy of the police impounding report. A report shall be submitted monthly to the Richfield Public
Safety Director detailing all vehicles stored or released during that current month. All contents of
such reports shall meet the approval of the Richfield Public Safety Director.
8. All vehicles towed or impounded are to be released only upon proper authority of the Richfield
Public Safety Director, except for private tows.
9. While performing under this contract and under these specifications, the Contractor or their
designated representative(s) must be present at the storage facility six (6) days a week, Monday
through Saturday, between the hours of 8:00 a.m. and 6:00 p.m. (excluding legal holidays), and
from 12:00 p.m. (noon) to 1:00 p.m. each Sunday and all legal holidays, for the purpose of
releasing vehicles to authorized claimants. Police requested releases will be handled anytime.
7 1'0
10.It shall be agreed under this contract that motor vehicles will not be driven at anytime during the
towing procedure. In the event that the vehicle is without tires or has flat tires, the performing
Contractor agrees to tow the vehicle without damaging the wheels and further agrees not to tow
any vehicle on its rims, on wheels without tires, or on flat tires.
11.Upon arrival at the scene of a tow where a vehicle accident has occurred, the performing
Contractor, in addition to the physical removal of the vehicle, assumes full responsibility for
removing any vehicular parts or other debris, excluding liquids and other commercial cargo,
resulting from the accident. This clean-up is to be completed without any additional compensation.
12.The performing Contractor shall be entitled to a charge for his/her towing and storage services
pursuant to the fees submitted in the accompanying bid proposal. The Contractor shall agree that
neither the City nor any Department thereof is responsible for any charges as a result of towing
and/or storage and that the Contractor assumes all liability for any and all unpaid charges. NOTE:
This Provision and these Specifications are in no way a law or regulation relating to "price, route,
or service of any motor carrier with respect to the transportation of property," under 49 U.S.C. Sec.
14501(c)(1)(1997).
13.If an involved private owner/operator makes a timely request for a tow by other than our
Contractor, such request shall be honored by the Police Department. In either instance, the
owner/operator is solely responsible for all associated charges.
14.For vehicles identified by the Police Department as subject to forfeiture, and subsequently
released to the Police Department pending the outcome of forfeiture proceedings, the performing
contractor shall indicate a flat rate charge per forfeited vehicle. The flat rate shall include the
towing, storage on the date of the tow, and three days of storage after the date of the tow. The flat
rate applies to all cars, vans, small trucks, 4-wheel drive vehicles, utility vehicles, and motorcycles
identified by the Police Department as subject to forfeiture to the City.
15.Should the Contractor fail to appear at a designated tow point within twenty (20) minutes after
receiving a call for a tow, the City reserves the right to call another towing service to perform the
work.
If the Contractor is called and is unable to respond due to conditions beyond their control, the
authorized City officials shall be immediately so informed, and the right is hereby reserved to call
another service to perform the work.
If, at any time, it becomes necessary for the City to request the services of another towing service
for the reasons detailed above, the City retains the right to hold the Contractor retained under this
contract responsible for any additional charges over and above the fee schedule recorded in this
bid proposal. Such charges shall be assessed only if the response time is due to negligence or
laxity on the part of the contractor, which negligence might include equipment failure.
16.The Contractor performing under this contract shall operate and maintain its parking and storage
facility in compliance with the terms of this contract and all State and City applicable laws,
ordinances, and rules and regulations that are presently in effect, or which may hereafter be
adopted.
17.No alterations or modifications of the terms of this contract shall be valid unless made in writing
and signed by authorized representatives of both parties hereto.
- I
18.In the event of a breach by the Contractor of any terms or conditions of this agreement, the City
shall have, in addition to any other legal recourse, the right to terminate this agreement forthwith.
19.Either party may terminate this contract upon the serving of such termination notice to the other, in
writing, (6) six months prior to the intended termination date.
20.A copy of this contract, along with the authorized fee schedule, shall be posted in a conspicuous
place in the Contractor's place of business.
INSURANCE:
The successful Contractor shall not commence work under this contract until the specified insurance
coverages have been obtained. The Contractor shall file, with the Richfield City Clerk, all certificates
of insurance or documentation thereof indicating that all specified insurance have been obtained and
are in full force. The City of Richfield shall be named as an additional insured on said comprehensive
general liability policy.
The following coverages are required as minimums:
1. Public Liability Insurance: $1,000,000 Comprehensive General Liability (including assault and
battery).
2. Business Auto Policy with all coverages (all vehicles), with $1,000,000 limits.
3. Garage Keepers' Legal Liability.
4. Workers' Compensation Insurance covering all employees of the Contractor, or his agents,
working under this contract in accordance with the Minnesota Workers Compensation Law.
The Contractor shall agree to provide to the Richfield City Clerk, 25 days prior written notice in the
event any policy is canceled or a material change is effected and each policy must contain a provision
that the insurer notify the Richfield City Clerk immediately if a policy is canceled or a material change
has been effected.
PERFORMANCE BOND:
On or before the date that the contract between the City and the Towing service becomes effective,
the Contractor shall file with the Richfield City Clerk an acceptable Corporate surety bond in the
amount of $10,000, payable to the City of Richfield and subject to the approval by the Richfield City
Attorney for the faithful performance of all duties and obligations imposed under the terms and
conditions of the contract.
REVISED PROPOSAL
FOR TOWING, IMPOUNDING AND STORAGE OF VEHICLE
Current Proposed
12/01/10 12/01/11
thru thru
11/30/11 11/30/12
Towing of impounded cars,trucks(under 1 '/ton capacity),
motorcycles, all-terrain vehicles, snowmobiles and unattended
utility trailers towed within the City of Richfield $80.00 $82.30
Towing charge for the same from outside the
City of Richfield $80.00 $82.30
Mileage charge for same $ 3.22 $ 3.30
Towing of trucks(larger than 1 ton capacity)within
the City of Richfield $133.00 $138.00
Towing charge for same outside the
City of Richfield $133.00 $136.90
Mileage charge for same $ 3.15 $3.20
Use of Winch with a tow
Car(Per hour maximum of$67.40 $20.00 $20.60
Truck(Per hour maximum of$111.40) $33.00 $34.00
Use of Dolly $20.00 $20.60
Use of low-bed trailer or truck(flatbed required) $ 100.00 $102.90
Storage Charges
First 24 hours or fraction thereof:
Inside Storage $36.00 $37.00
Outside Storage $26.00 $26.80
Each additional 24 hours of fraction thereof:
Inside Storage $36.00 $37.00
Outside Storage $26.00 $26.80
Forfeitures
Vehicles forfeited to the City of Richfield $152.00 $152.00
City owned vehicles
Towing city owned vehicle less than 1 ton within city of Richfield$39.00 $40.10
Mileage charge for same outside city $ 3.22 $ 3.30
*all items are rounded to the nearest dime