031114CompleteAgenda CITY OF RICHFIELD, MINNESOTA
TUESDAY, MARCH 11, 2014
RICHFIELD MUNICIPAL CENTER
6700 PORTLAND AVENUE
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SPECIAL CITY COUNCIL MEETING
BABCOCK ROOM
6:45 P.M.
AGENDA
Call to order
Roll call
1. Interview of person interested in serving on a City advisory commission (Council Memo
No. 28)
Notes:
Adjournment
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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
Approval of the minutes of the (1) Special City Council Meeting of February 25, 2014; (2)
Special City Council Worksession of February 25, 2014; and (3) Regular City Council
Meeting of February 25, 2014
COUNCIL DISCUSSION
1. Council discussion
Hats Off to Hometown Hits
Notes: __________________________________________________________________
________________________________________________________________________
________________________________________________________________________
AGENDA APPROVAL
2. Council approval of the agenda
CONSENT CALENDAR
Consent Calendar contains several separate items, which are acted upon by the
3.
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 on these items 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 the approval of a resolution amending the 2013 General Fund
Budget by authorization of a transfer of appropriations from the Legislative/Executive
and Administrative Services Departments to the Public Safety and Public Works
Departments S.R. No. 62
B. Consideration of the approval of the contract renewal with Adesa Minneapolis for
2014/2015 for auctioning forfeited vehicles from Public Safety/Police S.R. No. 63
C. Consideration of the approval of the 2014 Agreement with Hennepin County Human
Services and Public Health Department and the City of Richfield Police Department
for continuing funds for a Police Cadet position and JCPP training. S.R. No. 64
Notes: __________________________________________________________________
________________________________________________________________________
________________________________________________________________________
4. Consideration of item(s), if any, removed from Consent Calendar
Notes: __________________________________________________________________
________________________________________________________________________
________________________________________________________________________
PUBLIC HEARING
5. Public hearing regarding the issuance of new on-sale wine and 3.2 percent malt liquor
licenses for Tejaban Mexica Grill, LLC, d/b/a Fire Up Bar-B-Que, 2 West 66th Street
Staff Report No. 65
Notes: ___________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
RESOLUTION
6. Consideration of a resolution approving the contract with the International Association
of Firefighters Local 1215 for the period of January 1, 2014 through December 31,
2014
Staff Report No. 66
Notes
OTHER BUSINESS
7. Consideration of an appointment to a City advisory commission
Staff Report No. 67
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.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
March 6, 2014
Council Memorandum No. 28
The Honorable Mayor
and
Members of the City Council
City of Richfield
Subject: Advisory Commission Interviews
(Agenda Item No. 1)
Council Members:
In January 2014, the City Council made several appointments to the various City
advisory commissions. However, there are still some vacancies. Applications continue
to be accepted.
The attached application was received.
The City Council is scheduled to interview the applicant on Tuesday, March 11, 2014 at
6:45 p.m. in the Babcock Room.
Approval of the appointment is scheduled for the March 11, 2014 Regular City Council
meeting.
Plea - ontact me if you have any questions.
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City Manager
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CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Meeting
c�hoeed, A dvisory Board/Commission
Applicant Interview
February 25, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 5:45 p.m. in the Babcock Room.
ROLL CALL
MEMBERS PRESENT: Debbie Goettel, Mayor; Pat Elliott, Edwina Garcia; and Tom Fitzhenry.
MEMBER ABSENT: Sue Sandahl.
INTERVIEW OF APPLICANTS
The City Council conducted an interview of the following applicants for appointment to a City
Advisory Board and Commission:
Mary Olafson
Constantina Watters
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:04 p.m.
Date Approved: March 11, 2014.
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY COUNCIL MINUTES
Richfield, Minnesota
' ee4 Special City Council Worksession
p Y
February 25, 2014
CALL TO O RDER
The meeting was called to order by Mayor Goettel at 6:05 p.m. in the Bartholomew Room.
ROLL CALL
Council Members Debbie Goettel, Mayor, Pat Elliott; Edwina Garcia, and Tom Fitzhenry.
Present:
Council Member Sue Sandahl.
Absent:
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Jeff Pearson, Transportation
Engineer; Ann Hoffer, Adaptive Recreation Supervisor; and Cheryl Krumholz,
Executive Coordinator.
Item # 1 DISCUSSION REGARDING OPEN STREETS (COUNCIL MEMO NO. 21)
Recreation Services Director Topitzhofer stated the grant request to Blue Cross Blue Shield to
support another Open Streets event in 2014 in conjunction with PennFest was not selected for
funding. He reviewed the budget and funding options to make up for the lost grant funds.
The City Council consensus was that Open Streets has grown into a City-wide event and
should be continued. They requested staff review financial options, including City support, and return
to the City Council for further discussion.
Item # 2 DISCUSSION REGARDING CROSSTOWN GATEWAYS DESIGN(COUNCIL MEMO
NO. 22)
Transportation Engineer Pearson stated that as the final element to the Crosstown/I-35W
reconstruction, MnDOT will be installing gateways at Penn, Lyndale, Nicollet and Portland Avenue in
Richfield along Highway 62. He presented graphics of the gateways and locations as recommended
by the Crosstown Gateway Project Task Force.
Tony Wotzka and Todd Carroll, MnDOT, discussed the proposed gateways.
The City Council consensus was to agree to the recommendations but change the wording
from `Welcomes You' to 'Minnesota's First Suburb'.
Special Worksession Minutes -2- February 25, 2014
Item # 3 DISCUSSION REGARDING PENN/NICOLLET AVENUE LANE CONVERSIONS
MEMO NO. 22)
Transportation Engineer Pearson stated the mill and overlay of Penn and Nicollet Avenues in
2014 by Hennepin County allows the City to pursue striping changes that would convert sections from
4-to-3 lanes. He presented the proposed striping plans.
The City Council consensus was to agree to the proposed plans and include on-street parking
options on Nicollet Avenue between 70th and 72nd Streets.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:55 p.m.
Date Approved: March 11, 2014
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
ed4ifi Regular Meeting
February 25, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Edwina Garcia; Pat Elliott, and Tom Fitzhenry.
Members Absent: Sue Sandahl.
Staff Present: Steven L. Devich, City Manager; John Stark; Community Development
Director; Mike Eastling, Public Works Director; Jim Topitzhofer, Recreation
Services Director; Karen Barton, Assistant Community Development
Director; Jeff Pearson, Transportation Engineer; Mary Tietjen, City
Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
None.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Fitzhenry, S/Elliott to approve the minutes of the (1) Special City Council Meeting of
February 11, 2014; (2) Special City Council Worksession of February 11, 2014; and (3) Regular
City Council Meeting of February 11, 2014.
Motion carried 4-0.
Item #1 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
Council Meeting Minutes -2- February 25,2014
Council Member Fitzhenry reported on the recent FAA decision on RNAV flight operations
at the MSP Airport.
Council Member Garcia reported on the City's annual report.
Council Member Elliott acknowledged City staff for the excellent snowplowing and
tagging/towing efforts.
Mayor Goettel announced the presentation of the 2014 State of City is February 27, 2014.
Item #2 COUNCIL APPROVAL OF AGENDA
Mayor Goettel moved Consent Calendar Item 3D to Item 4 for separate consideration.
M/Fitzhenry, S/Garcia to approve the agenda, as amended.
Motion carried 4-0.
Item #3 CONSENT CALENDAR
A. Consideration of the approval of a resolution authorizing the workers compensation
coverage for the Mayor and City Council of the City of Richfield S.R. No. 48
RESOLUTION NO. 10918
RESOLUTION PROVIDING FOR WORKER'S COMPENSATION COVERAGE FOR THE MAYOR
AND CITY COUNCIL OF THE CITY OF RICHFIELD
This resolution appears as Resolution No. 10918.
B. Consideration of the approval of setting a public hearing on March 25, 2014 regarding the
issuance of new on-sale intoxicating and Sunday liquor licenses for Lyn 65, LLC d/b/a Lyn
65 Kitchen & Bar, 6409 Lyndale Avenue S.R. No. 49
C. Consideration of the approval of setting a public hearing on March 25, 2014 regarding the
issuance of new on-sale intoxicating and Sunday liquor licenses for El Tejaban Mexican
Restaurant, LLC d/b/a El Tejaban Mexican Grill, 6519 Nicollet Avenue S.R. No. 50
D. Moved to Item 4.
E. Consideration of the approval of the Facilities Sublease Agreement between Minneapolis-St.
Paul Airports Commission, the City of Richfield and Three Rivers Park District to sublease
the lands legally described and depicted on Exhibit C to Park District for trail purposes S.R.
No. 52
F. Consideration of the approval of a resolution in support of the acquisition of easements for
the Intercity Regional Trail S.R. No. 53
RESOLUTION NO. 10920
RESOLUTION OF SUPPORT FOR THE ACQUISITION OF EASEMENTS FOR THE
INTERCITY REGIONAL TRAIL IN THE CITY OF RICHFIELD
This resolution appears as Resolution No. 10920.
G. Consideration of the approval of the Americans with Disabilities Act Public Rights-of-Way
Transition Plan as recommended by the Transportation Commission S.R. No. 54
Council Meeting Minutes -3- February 25,2014
H. Consideration of the approval of the request for a new therapeutic massage enterprise
license for Zhong Xing, LLC d/b/a Comfort Massage and Spa, 6519 Nicollet Avenue, Suite
301 S.R. No. 55
I. Consideration of the approval of contract change order No. 1 for the Richfield Ice Arena-
2013 locker room addition project in the amount of$31,225 S.R. No. 56
M/Goettel, S/Fitzhenry to approve the Consent Calendar, as amended.
Motion carried 4-0.
Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
Item 3D— Former Item 3D - Consideration of the approval of the acceptance of a grant
received by the Richfield Recreation Services Department from the Richfield Foundation and
authorize the city to administer the funds in accordance with terms prescribed by the donor
S.R. No. 51
City Manager Devich presented Staff Report No. 51. He explained a 4/5 majority vote of the
City Council was required on this item and with one Council Member absent, there needed to be a
unanimous approval.
M/Goettel, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10919
RESOLUTION AUTHORIZING ACCEPTANCE OF GRANTS RECEIVED BY THE CITY OF
RICHFIELD-RECREATION SERVICES DEPARTMENT AND TO AUTHORIZE THE CITY TO
ADMINISTER THE FUNDS IN ACCORDANCE WITH GRANT AGREEMENTS AND TERMS
PRESCRIBED BY DONORS
Motion carried 4-0. This resolution appears as Resolution No. 10919.
Item #5 PUBLIC HEARING AND SECOND READING OF A TRANSITORY ORDINANCE
PROVIDING FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS FROM THE
SPECIAL REVENUE FUND S.R. NO. 57
Council Member Fitzhenry presented Staff Report No. 57.
M/Fitzhenry, S/Goettel to close public hearing.
Motion carried 4-0.
M/Fitzhenry, S/Garcia that this constitutes the second reading of Bill No. 2014-2, Transitory
Ordinance No. 18.93 providing funding for certain capital improvements from the Special Revenue
Fund, that it be published in the official newspaper and that it be made part of these minutes.
Motion carried 4-0.
Council Meeting Minutes -4- February 25,2014
Item #6 PUBLIC HEARING REGARDING A RESOLUTION ADOPTING A MODIFICATION
TO THE REDEVELOPMENT PLAN FOR THE RICHFIELD REDISCOVERED
PROJECT AREA, ESTABLISHING 2014-1 TAX INCREMENT FINANCING
DISTRICT (CITY GARAGE SITE) THEREIN AND ADOPTING A TAX
INCREMENT FINANCING PLAN THEREFO S.R. NO. 58
Council Member Garcia presented Staff Report No. 58.
M/Fitzhenry, S/Elliott to close public hearing.
Motion carried 4-0.
M/Garcia, S/Fitzhenry that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10921
RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE
RICHFIELD REDEVELOPMENT PROJECT AREA AND ESTABLISHING THE 2014 1 TAX
INCREMENT FINANCING DISTRICT (CITY GARAGE SITE) THEREIN AND ADOPTING A TAX
INCREMENT FINANCING PLAN THEREFOR
Motion carried 4-0. This resolution appears as Resolution No. 10921.
Item #7 PUBLIC HEARING REGARDING A RESOLUTION SPECIFYING THE USE OF
FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT
ALLOCATION FOR 2014 AND THE OPENING OF THE WRITTEN PUBLIC
COMMENT PERIOD REGARDING THE REPROGRAMMING OF FUNDS FROM
THE 2013 ALLOCATION S.R. NO. 59
Council Member Elliott presented Staff Report No. 59.
Deb Taylor, Senior Community Services and H.O.M.E. representative, explained the
changes to the programs.
Carol Watson, CAPSH representative, discussed the program.
M/Fitzhenry, S/Garcia to close public hearing.
Motion carried 4-0.
M/Elliott, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10922
RESOLUTION APPROVING PROPOSED USE 2014 URBAN HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FUNDS AND AUTHORIZING EXECUTION OF
SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY REQUIRED THIRD
PARTY AGREEMENTS
Motion carried 4-0. This resolution appears as Resolution No. 10922.
Council Meeting Minutes -5- February 25,2014
Item #8 CONSIDERATION OF THE SECOND READING OF THE ORDINANCE
AMENDING SUBSECTION 210.01 RELATED TO CITY COUNCIL SALARIES
S.R. NO. 60
Mayor Goettel presented Staff Report No. 60.
M/Goettel, S/Elliott that this constitutes the second reading of Bill No. 2014-3, amending
Subsection 210.01 related to City Council salaries, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 4-0.
Item #9 CONSIDERATION OF APPOINTMENTS TO CITY ADVISORY COMMISSIONS
S.R. NO. 61
Council Member Garcia presented Staff Report No. 61.
M/Garcia, S/Goettel to appoint the following person to a City Advisory Commission:
FRIENDSHIP CITY COMMISSION
Name Term Expires
Mary Olafson January 31, 2017
Motion carried 4-0.
M/Garcia, S/Fitzhenry to appoint the following person to a City Advisory Commission:
ARTS COMMISSION
Name Term Expires
Constantina Watters January 31, 2017
Motion carried 4-0.
Item #10 CITY MANAGER'S REPORT
None.
Item #11 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Goettel that the following claims and payrolls be approved:
U.S. Bank 02/25/14
A/P Checks: 228866-229191 $ 888,583.62
Payroll: 99183-99511 $ 555,004.63
TOTAL $ 1,443,588.25
Motion carried 4-0.
Council Meeting Minutes -6- February 25,2014
OPEN FORUM
None.
ADJOURNMENT
The City Council meeting was adjourned by unanimous consent at 7:44 p.m.
Date Approved: March 11, 2014
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
AGENDA SECTION: CONSENT
AGENDA ITEM# 3A
REPORT it 62
STAFF REPORT
-0 �t1" ' CITY COUNCIL MEETING
r c
MARCH 11, 2014
REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER
N-i. 'TLE
DEPARTMENT DIRECTOR REVIEW: a.P)
SIGNATURE
OTHER DEPARTMENT REVIEW:
a: ril
V
REVIEWED BY CITY MANAGER: rd
Adp_.A.mitairm, GA
ITEM FOR COUNCIL CONSIDERATION:
Approval of a resolution amending the allocation of the 2013 General Fund Budget.
I. RECOMMENDED ACTION:
By Motion: Approve the resolution amending the 2013 General Fund
Budget by authorization of a transfer of appropriations from the
Legislative/Executive and Administrative Services Departments to the
Public Safety and Public Works Departments.
II. EXECUTIVE SUMMARY
The City Charter provides that the City Council must appropriate monies for
operations of the City on a departmental basis.
During the course of the year, the City Council amends the operating budget and it
is referred to as the Revised Budget.
At year end, if a department within the City's General Fund exceeds its approved
appropriation, a transfer of appropriations from another General Fund department is
required to bring that department's budget into balance.
Two General Fund departments, Public Safety and Public Works exceed their
approved 2013 appropriations.
Public Safety has exceeded it appropriation by approximately $84,760. This was
due to increases in overtime and professional services as a result of the dispatch
transition and loss of uniformed officers due to injury on duty and the timing of a
payment for public health services that was incorrectly included in the 2013 budget.
Public Works has exceeded its appropriation by approximately $41,100. This was
due to overages in overtime and salt usage as a result of the extreme winter
conditions at the beginning of 2013 and at the end of 2013.
Finally, it should be noted, that the General Fund will end 2013 with an estimated
surplus of$440,000.
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• The Public Safety Department's budget for 2013 exceeds the adopted
appropriation by $84,760 or 1.07%. Within the department this can be
broken down to the Support Services division exceeding budget by
$53,650, and the Police Operations division exceeding budget by
$38,980. The remaining division within the department, Emergency
Services, is $7,870 under budget.
• The cause for the Support Services division is the timing of public
health payments. A 2012 payment was included in the 2013 budget,
resulting in the division exceeding budget.
• The cause for the Police Operations division was increases in
overtime and professional services as a result of the dispatch
transition and loss of uniformed officers due to injury on duty.
• The Public Works Department's budget for 2013 exceeds the adopted
appropriation by approximately $41,100 or .97%. The cause of the
department exceeding budget rests with the Streets division.
• Due to the longer than expected winter at the beginning of 2013 and
the early and extreme winter conditions at the end of 2013 the division
has exceeded its budget with regard to salt usage and overtime.
• Therefore, after the compilation of the 2013 Revised Budget, the
expenditures of the Public Safety and Public Works Departments have
exceeded the appropriation contained in the 2013 Revised Budget,
resulting in total 2013 expenditures to exceed appropriations by
approximately $84,760 and $41,100 respectively.
B. POLICY
• The City Charter provides that the City Council must appropriate
monies for operations of the City on a departmental level basis.
• During the course of the year, the City Council amends the operating
budget and it is referred to as the Revised Budget.
C. CRITICAL TIMING ISSUES
• N/A
D. FINANCIAL
• The amount exceeding budget for the Public Safety Department is
approximately 84,760.
• The amount exceeding budget for the Public Works Department is
approximately $41,100.
• City staff is recommending that the 2013 Revised Budget be allocated
between the following departments and divisions in order to balance
all City departments:
INCREASED BUDGETED EXPENDITURES
Public Safety
Support Services $55,000
Police Operations $35,000
Total $90,000
Public Works
Streets Division $50,000
Total $50,000
Combined Total $140,000
DECREASE BUDGETED EXPENDITURES
Legislative/Executive
Legal $40,000
Administrative Services
Administrative Division $70,000
Finance Division $30,000
Total $140,000
Net Change to General Fund Budget $ 0
E. LEGAL
• City Charter provides that the City Council must appropriate funds at
the department level of spending.
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• The transfer does not affect the annual General Fund Budget; instead it
provides that no department end the fiscal year overspent.
V. ATTACHMENTS
• Resolution authorizing revision of 2013 budgets of various departments.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
RESOLUTION NO
RESOLUTION AUTHORIZING REVISION OF 2013 BUDGETS OF VARIOUS
DEPARTMENTS
WHEREAS, Resolution No. 10730 appropriated funds for personal services, other
services and charges, supplies and capital outlays for each department of the City for the
year 2013; and
WHEREAS, Resolution No. 10874 authorized revision of the 2013 budget various
departments; and
WHEREAS, the City Manager has requested a revision of the 2013 budget
appropriations in accordance with charter provisions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, MN as follows:
SUMMARY
INCREASE BUDGETED EXPENDITURES
Public Safety
Support Services Division $55,000
Police Operations Division $35,000
Total $90,000
Public Works
Streets Division $50,000
Total $50,000
Combined Total $140,000
DECREASE BUDGETED EXPENDITURES
Legislative/Executive
Legal Division $40,000
Administrative Services Department:
Administrative Division $70,000
Finance Division $30,000
Total $140,000
Net Change to General Fund Budget -0-
Passed by the City Council of the City of Richfield, MN. this 11th day of March,
2014.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: CONSENT
AGENDA ITEM# 3B
REPORT# 63
STAFF REPORT
4.0*Cep
CITY COUNCIL MEETING
MARCH 11, 2014
REPORT PREPARED BY: JAY HENTHORNE, DEPUTY
DIRECTOR/DEPUTY CHIEF OF POLICE
NAME, 'LE
DEPARTMENT DIRECTOR REVIEW:
SIGNATURE
OTHER DEPARTMENT REVIEW: ❑ N/AT :_,_.-
sr SI TURE
REVIEWED BY CITY MANAGER: ® � G
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the renewal of the contract with Adesa Minneapolis for 2014/2015 for
auctioning forfeited vehicles from Public Safety/Police.
I. RECOMMENDED ACTION:
By Motion:
1. Approve the renewal for 2014/2015 of the attached auction
service contract between the City of Richfield and Adesa
Minneapolis, for auctioning forfeited vehicles from Public
Safety/Police.
2. No changes in contract terms and fees.
II. EXECUTIVE SUMMARY
Adesa is a company used by the Public Safety Department to store and auction off
seized vehicles. The City currently has a contract with Adesa, Minneapolis and
would like to renew the contract for the year 2014-2015 as the contract expires on
April 9, 2014.
031114 2014-2015 Contact with Adesaxxx
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• Adesa's performance during the past year of the contract period was
satisfactory. They auction forfeiture vehicles for many cities, including
the City of Bloomington.
• Adesa Minneapolis has submitted the new contract for 2014/2015 with
no changes in services or fees. Adesa indicates that, as in the past,
they have three different towing services that can handle Richfield,
and they will use the least expensive when they can.
B. POLICY
• "Adesa Minneapolis" notified the City that they wish to renew their
contract with the City.
• The Public Safety Department wishes to renew the contract with
Adesa Minneapolis.
• The contract has numerous conditions that must be met. Adesa
Minneapolis is a reputable, established auction company that meets
all contract requirements.
C. CRITICAL TIMING ISSUES
• A 30-day written notice must be given by either party to terminate the
contract.
• Public Safety must have a company to store and auction forfeited
vehicles on April 9, 2014.
• Adequate space is not available in the City to store forfeited vehicles.
D. FINANCIAL
• There are no changes to fees for the contract period 2014/2015.
E. LEGAL
• The City Attorney has reviewed and approved the past contract with
Adesa Minneapolis, and there are no contract changes under the new
contract.
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not sign the contract; however, Public Safety would need to find other
means to auction the forfeited vehicles.
V. ATTACHMENTS
• Adesa contract for 2014/2015
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
•
AGREEMENT BETWEEN THE CITY OF RICHFIELD
AND ADESA MINNEAPOLIS
THIS AGREEMENT is made and entered into this 10th day of January, 2014 by and
between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Ave:,
S., Richfield, Minnesota 55423(hereinafter referred to as the"City"), and ADESA Minnesota,
LLC dba ADESA Minneapolis, a Minnesota limited, liability company with its principle business
offices located at 18270 Territorial Road, Dayton, Minnesota 55369 (hereinafter referred to as
"ADESA").
WITNESSETH
WHEREAS, the City comes into possession of and is authorized to retain various motor
vehicles which are identified as potentially being subject to forfeiture of other civil processes
under the laws of the State of Minnesota as a result of their having been used in the connection
with a criminal act(hereinafter referred to as"Forfeiture Vehicles")and upon successful
completion of the forfeiture or civil process the City is authorized to dispose of said vehicles in
accordance with Section 315 of the Richfield City Code; and
WHEREAS, ADESA represents that it has the professional expertise and knowledge to
perform its duties as an automobile dealer, and is licensed by the State of Minnesota in that
capacity; and
WHEREAS, THE City desires to hire ADESA to transport, store, repair, maintain and
sell its Forfeiture Vehicles;
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 begin April 1st,2014 and shall continue until April 1s'
2015, subject to termination as provided in Article IV.
II. DUTIES OF ADESA
A. Upon specific authorization from the City,ADESA agrees to drive or transport
those vehicles identified by the City as one of its Forfeiture Vehicles to a secure location to be
determined and managed by ADESA.
B. Upon receipt of a City Forfeiture Vehicle and except for fire, storm, flood,war,
civil disturbance, riot, act of God, lightning, earthquake, or other similar casualty, which is not
within the control of ADESA or any act/omission of City or its officers, employees or agents,
ADESA accepts full responsibility for it and agrees to exercise due diligence in its care,
maintenance and storage of said vehicle until the time that it is sold or released; so as to avoid
waste and obtain a reasonable sale price at auction.
C. Upon specific authorization from the City,ADESA agrees to perform such minor
repair work on the City's Forfeiture Vehicles so as to prepare them for auction and maximize the
City's return at auction, but in no event shall such repair work exceed the cost of TWO
HUNDRED AND NO/100 DOLLARS ($200.00)without prior, written authorization by the
Richfield City Manager or his/her designee.
D. Upon specific authorization from the City,ADESA agrees to release the City's
Forfeiture Vehicles prior to auction on such terms and conditions as the City may direct.
E. ADESA agrees to box and store personal property that is not affixed to, but
located within, the City's Forfeiture Vehicles and upon specific authorization from the City to
release such property on such terms and conditions as the City may direct.
F. Upon specific authorization from the City,ADESA agrees to promptly sell the
City's Forfeiture Vehicles in a commercially reasonable manner by an open and competitive
automobile dealer or salvage auction.
G. ADESA agrees to defend, indemnify and hold harmless the City, 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 ADESA's (including its
officials, agents or employees) performance of the duties required under this Agreement,
provided that any such claim, damage, 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 ADESA.
H. During the term of this Agreement ADESA agrees to maintain general
comprehensive liability insurance in the amount of$1,000,000 for any damage to property, theft,
loss or other claims as a result of ADESA's negligence or malfeasance in performing this
Agreement. In addition, ADESA agrees to maintain such motor vehicle liability insurance as
•
required by state and federal laws.
ADESA shall be licensed and bonded in the State of Minnesota to perform its duties
under this Agreement and shall provide a certificate of licensure, bonding and insurance to the
City.
J. ADESA agrees to comply with all applicable local, state and federal laws, rules
and regulations in the performance of the duties of this Agreement.
K. 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 ADESA's staff as the agents, representatives or employees of the City for any
purpose in any manner whatsoever. ADESA and its staff are to be and shall remain an
independent contractor with respect to all services performed under this Agreement. ADESA
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 ADESA or other persons, while
engaged in the performance of any work or services required by ADESA 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 other persons while so engaged, and
any and all claims whatsoever on behalf of any such person or person or personnel arising out
of employment or alleged employment including, without limitation, clams of discrimination
against ADESA, its officers, agents, contractors or employees shall in no way be the
responsibility of the City; and ADESA 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.
L. 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 16C.05, Subdivision 5.
M. ADESA 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.
ADESA agrees to hold harmless and indemnify the City from, costs, including by 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 ADESA. 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 504 of the Rehabilitation Act of 1973, as
mandated by Section 8.53 of the U.S. Department of Housing and Urban Development
regulations.
N. The Contractor will comply with all applicable provisions of the Minnesota
Government Data Practices Act., Chapter 13 of the Minnesota Statutes.
O. Any Forfeiture Veh i I es which ADESA has been authorized and directed to sell
but was unable to under the terms of this Agreement shall be returned to the City at a site
designated by it as soon as reasonably practicable but in no event more than sixty(60)days
from the occurrence of the event making sale under this Agreement impossible.
Ill. DUTIES OF THE CITY
A. The City shall consign specifically identified Forfeiture Vehicles to ADESA to
sell to the highest bidder at public dealer or salvage auctions.
B. The City shall certify that it has good title and right to sell those of its Forfeiture
Vehicles which it directs and specifically authorizes ADESA to sell at public dealer or salvage
auctions and shall provide and deliver merchantable title to the purchaser upon notification from
ADESA.
C. The City shall defend, indemnify and hold harmless the ADESA, 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 City's 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
it
ICI
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 City.
Notwithstanding the above, City shall also fully defend, indemnify and hold ADESA
harmless for and against any and all claims, expenses (including reasonable attorney's fees),
suits and demands arising out of, based upon and resulting from alleged or actual damage
caused by the forfeiture process or from inaccuracy of the odometer reading on any Forfeiture
Vehicle prepared in connection with the sale at auction, unless such inaccuracy is caused by an
employee, agent or officer of ADESA.
D. The City shall pay to ADESA and ADESA shall deduct from the sale proceeds
of the Forfeiture Vehicle, the following amounts as and for its services properly authorized and
provided pursuant to this Agreement:
1. Transportation of an operable Forfeiture Vehicle to or from the City of Richfield to
ADESA's designated storage site: $50.00.
2. Tow of an inoperable Forfeiture Vehicle(tow or trailer)to or from the City of Richfield to
ADESA's designated storage site: Not to Exceed$100.00.
3. Basic cleaning of a Forfeiture Vehicle: $37.00.
4. Complete detail of a Forfeiture Vehicle(vacuum and shampoo carpets, detail interior,
etc.): $85.00.
5. Repair of a Forfeiture Vehicle: Shop Rates.
6. Sale by auction of a Forfeiture Vehicle: $110.00.
7. Release of a Forfeiture Vehicle prior to auction: $50.00 redemption, fee plus any
charges(i.e., transportation).
8. Storage fee if car is not sold within 90 days: $3.00/day.
9. Inventory fee for lease of personal property: $25.00.
IV. TERMINATION
Either party may terminate this Agreement for any reason upon thirty(30) days advance
written notice to either party. The City reserves the right to cancel this Agreement at any time in
the event of default or violation by ADESA of any provision of this Agreement. The City may
take whatever action at law or in equity that may appear necessary or desirable to collect
damages arising from a default or violation or to enforce performance of this Agreement.
V. MISCELLANEOUS
A. Any material alterations, variations, modifications or waivers of provisions of
this Agreement shall be valid only when they have been reduced to writing as an amendment to
this Agreement and signed by both parties.
B. This Agreement shall not be assignable except at the written consent of the
City.
C. This Agreement represents the entire Agreement between ADESA 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.
D. The parties agree to comply with the Minnesota State Human Rights Act,
Minnesota Statutes, Section 363.
E. The parties hereto agree to comply with Section 504 of the Rehabilitation Act of
1973/31 CFR Part 51. This Act states in part that, "...all recipients of federal funds,whether in
the form of a grant or a contract, review, and if necessary modify, their programs and activities
so that discrimination based on handicap is eliminated."
F. The terms and conditions of this Agreement shall be binding on ADESA's
successors and assigns and to the extent any assignee of ADESA.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF RICHFIELD
•
DATED: BY:
Director of Public Safety
DATED: BY:
ADESA MINNEAPOLIS
DATED: BY:
Its
AGENDA SECTION: CONSENT
AGENDA ITEM# 3C •
REPORT# C4 1
STAFF REPORT
4c*.eect CITY COUNCIL MEETING
MARCH 11, 2014 .
REPORT PREPARED BY: JAY HENTHORNE, DEPUTY
DIRECTOR/DEPUTY CHIEF OF POLICE
yet_orsitij
10.4.9. NAME,TITLE
DEPARTMENT DIRECTOR REVIEW: IIK
SIGNATURE
OTHER DEPARTMENT REVIEW: ❑ N/A'
mi,,,„
REVIEWED BY CITY MANAGER: lir A i 4 id ir /
ITEM FOR COUNCIL CONSIDERATION:
Consideration of Continuing Agreement for 2014 with Hennepin County and City of
Richfield/Public Safety Department/Police for Police Cadet Funds and JCPP Training Funds.
I. RECOMMENDED ACTION:
By Motion: Approve the 2014 Agreement with Hennepin County
Human Services and Public Health Department and the City of
Richfield Police Department for continuing funds for a Police Cadet
position and JCPP training. The funds available for 2014 will be
$20,000.
II. EXECUTIVE SUMMARY
Hennepin County has presented an agreement on behalf of Hennepin County
Human Services and Public Health Department to furnish a Police Cadet position
for the City of Richfield and its Police Department along with multicultural training for
department personnel. The agreement is a continuation of the 2013 agreement and
is for the period of January 1, 2014, and ending December 31, 2014. The cost of
the agreement will not exceed $20,000 for 2014.
III. BASIS OF RECOMMENDATION
031114 Contract with Hennepin County for JCPP/Cadet Programxxx
•
A. BACKGROUND
• The Richfield Police Department has, in the past, hired a Police Cadet
with funding supplied by Hennepin County. The Department will not
be hiring a Cadet this year, but will still need to utilize the funds
budgeted for the Joint Community Police Partnership to support the
program's meetings and trainings (Teen Academy, PMAC, Explorers)
for the community. The amount budgeted for the JCPP program is
$5,000.
• The six communities utilizing the JCPP program (Richfield,
Bloomington, St. Louis Park, Hopkins, Brooklyn Park and Brooklyn
Center) are currently in the process of redeveloping the application
and hiring of Cadets in order to benefit all the communities equally.
The City of Richfield will reconsider the hiring of a Cadet when the
redeveloped process has been completed.
B. POLICY
• Hennepin County notified the City that they wished to renew the
contract with the City of Richfield.
• The Public Safety/Police Department wishes to renew the contract
with Hennepin County for the Joint Community Police Project
program.
C. CRITICAL TIMING ISSUES
• The agreement must be signed for the Joint Community Police
Program to continue and for funding to be received.
D. FINANCIAL
• The total cost of this agreement shall not exceed twenty thousand
dollars ($20,000) to be paid by Hennepin County in accordance with
the terms of the agreement.
• $5,000 is to be used for JCPP programs.
• The total cost of hiring a Cadet is $35,000. The Police Department
has not budgeted for this expense for 2014 and therefore will not be
utilizing the $15,000 budgeted by the County for a Cadet.
E. LEGAL
• N/A
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• The Council could not sign the contract which would make the agreement
null and void with the County and the department would have to discontinued
the JCPP program.
V. ATTACHMENTS
• Contract with Hennepin County.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
Contract No:A132235
PERSONAL/PROFESSIONAL SERVICE AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300
Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), 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 City of Richfield, 6700 Portland Avenue, 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, 2014 and
expiring December 31, 2014, unless cancelled or terminated earlier in accordance with the
Default and Cancellation/Termination provisions of this Agreement.
The total cost of this Agreement shall not exceed Twenty-Thousand Dollars ($20,000.00), as
more fully described in Exhibit B, attached and incorporated by this reference.
2. SERVICES TO BE PROVIDED
CONTRACTOR shall provide implementation of the Joint Community Police Partnership (JCPP)
Project, as more fully described in Exhibit A, attached and incorporated by this reference.
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 Unemployment Insurance Law or the Workers' Compensation
Act of the State of Minnesota on behalf of any personnel, including,without limitation, claims of
Form 101 (Revised 8/2013) 1
mow
Contract No: A132235
discrimination against CONTRACTOR, its officers, agents, contractors, or employees. 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, unemployment compensation,
disability, severance pay, and retirement benefits.
6. NON-DISCRIMINATION
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. Each
party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466
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) and all other applicable state and federal laws, rules, regulations
and orders relating to data privacy or confidentiality, which may include the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) and/or the Health Information Technology for
Economic and Clinical Health Act(HITECH), adopted as part of the American Recovery and
Reinvestment Act of 2009. CONTRACTOR acknowledges and agrees that classification of data
as trade secret data will be determined pursuant to applicable law and, accordingly, merely
labeling data as"trade secret"does not necessarily make it so. If CONTRACTOR creates,
collects, receives, stores, uses, maintains or disseminates data because it performs functions of
the COUNTY pursuant to this 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 promptly notify the COUNTY if it
becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA.
Form 101 (Revised 8/2013) 2
Contract No:A132235
The terms of this section shall survive the expiration,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 expiration, cancellation or termination.
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 subcontractor's services be performed in
accordance with the terms and conditions specified herein. CONTRACTOR shall make
contracts between CONTRACTOR and subcontractors available upon request.
11. MERGER AND MODIFICATION
A. The entire Agreement between the parties is contained herein and 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. Th e express ress substantive legal al terms contained in this
Agreement including but not limited to the License, Payment Terms,Warranties,
Indemnification and Insurance, Merger and Modification, Default and
Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified
Form 101 (Revised 8/2013) 3
Contract No:A132235
or waived by any change order, implementation plan, scope or work, development
specification or other development process or document.
12. DEFAULT AND CANCELLATION/TERMINATION
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 or terminate 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 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/terminated with or without cause by either party upon
thirty(30) day written notice.
13. SURVIVAL OF PROVISIONS
Form 101 (Revised 8/2013) 4
Contract No: A132235
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; INSURANCE; DATA
PRACTICES; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND
CANCELLATION/TERMINATION; PROMOTIONAL LITERATURE; and MINNESOTA LAWS
GOVERN.
14. CONTRACT ADMINISTRATION
In order to coordinate the services of CONTRACTOR with the activities of the Human Services
and Public Health Department/Initial Contact &Assessment Area so as to accomplish the
purposes of this Agreement, Mohamed Hassan, Principal Planning Analyst, PSA Service
Manager, or successor, ("Contract Administrator"), shall manage this Agreement on behalf of the
COUNTY and serve as liaison between the COUNTY and CONTRACTOR.
15. 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.
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.
16. 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 11/2
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.
17. PAPER RECYCLING
The COUNTY encourages CONTRACTOR to develop and implement an office paper and
newsprint recycling program.
18. 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.
Form 101 (Revised 8/2013) 5
Contract No:A132235
19. 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 conflict or potential conflict, and will advise the COUNTY whether
CONTRACTOR will or will not resign from the other engagement or representation.
20. PROMOTIONAL LITERATURE
CONTRACTOR agrees,to the extent applicable,to abide by the current Hennepin County
Communications Policy(available upon request). This obligation includes, but is not limited to,
CONTRACTOR not using the term "Hennepin County"or any derivative in any promotional
literature, advertisements of any type or form or client lists without the express prior written
consent of a COUNTY Department Director or equivalent.
21. 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
Form 101 (Revised 8/2013) 6
Contract No:A132235
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/Deputy/County Administrator
Date:
CITY OF RICHFIELD
By:
Its:
And:
Its:
CITY represents and warrants that the person who executed this contract is authorized to do so pursuant
to applicable law and that any other applicable requirements have been met.
Form 101 (Revised 8/2013) 7
Contract No: A132235
EXHIBIT A
CONTRACTED SERVICES
The Joint Community Police Partnership(JCPP) Project is a project designed to provide assistance and
training for both police and the new, emerging and diverse cultures within communities to alleviate
conflict. The selection and training of cadets is one part of the project, along with community
engagement, police training, and outreach by community liaisons embedded in the police departments.
Cadet Selection: CONTRACTOR shall conduct recruitment, interviewing,testing and selection of cadet.
Cadet must pass relevant police screening and background checks as necessary. Upon approval, cadet
will be enrolled into trainee program in CONTRACTOR'S local police department and will undergo
academic and skills training regimens.
Cadet Training: CONTRACTOR shall provide supervision, support, and training of cadet in its local police
department.The cadet will receive training and educational opportunities in conformance with police
department rules and procedures, and the department will coordinate activities of the cadet in conjunction
with the JCPP. Cadet will complete required academic and skills portions of police-officer training under
the direct supervision of police and academic representatives. Cadet transcripts, enrollment records and
performance, and on-the-job performance reviews by supervising police officers will be provided
quarterly. Cadets will execute up to 20 hours per week as cadet-trainee and maintain acceptable
academic performance in academic portions.
A-1
Contract No:A132235
EXHIBIT B
FINANCIAL
2014 Budget
Budget Category Amounm Budget
a. Salary:
Hourly salary($15.78/hr @ 12.86879 hrs/wk x 52 wks/yr) $10,559.61
PERA Coordinated Retirement @ 7.25% $765.57
FICA contribution @ 7.65% $807.81
Total Salary Costs $12,133.00
b. Supportive Technology/Equipment/Examinations:
Uniforms/Equipment $100.00
Medical/Psychological Examinations $100.00
Total Supportive Costs $200.00
c. Education/Training:
Training $2,667.00
Total Education/Training Costs $2,667.00
d. Subtotal $15,000.00
e. Additional Miscellaneous Training Dollars & Expenses $5,000.00
f. TOTAL $20,000.00
Note: Contractor agrees to match this funding by an equal amount or as closely as possible to the
amounts listed in the above-referenced budget.
B-1
AGENDA SECTION: PUB.HEARING
AGENDA ITEM# 5
REPORT# 65
STAFF REPORT
Gc4eed CITY COUNCIL MEETING
MARCH 11, 2014
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
MANAGER
NAME,TITLE
DEPARTMENT DIRECTOR REVIEW:
SIGNATURE
OTHER DEPARTMENT REVIEW: N/j
r
REVIEWED BY CITY MANAGER: U
ITEM FOR COUNCIL CONSIDERATION:
Public hearing for the consideration of the issuance of a new on-sale wine and 3.2 percent
malt liquor licenses for Tejaban Mexica Grill, LLC, d/b/a Fire Up Bar-B-Que, 2 West 66th
Street.
I. RECOMMENDED ACTION:
By Motion: Approve the issuance of new on-sale wine and 3.2 malt
liquor licenses for Tejaban Mexica Grill, LLC, d/b/a Fire Up Bar-B-Que,
2 West 66th Street.
II. EXECUTIVE SUMMARY
On November 13, 2013, the City received the application materials for the issuance
of new on-sale wine and 3.2 percent malt liquor licenses for Tejaban Mexica Grill,
LLC, d/b/a Fire Up Bar-B-Que, 2 West 66th Street. All required information and
documents have been provided. All licensing fees have been received.
III. BASIS OF RECOMMENDATION
031114 Fire Up Bar-B-Que
A. BACKGROUND
On November 13, 2013, the City received the application and other required
documents for on-sale wine and 3.2 malt liquor licenses for Tejaban Mexica Grill,
LLC, d/b/a Fire Up Bar-B-Que.
The Public Safety background investigation has been completed and reveals the
following:
The original El Tejaban will be moving to 6519 Nicollet Avenue South and the
location at 2 West 66th Street will become Fire Up Bar-B-Que, which will be
managed by the owner's son, Miguel Hernandez Jr.
The application for the on-sale wine and 3.2 malt liquor licenses will be issued in the
name of Tejaban Mexica Grill, LLC.
The applicant has satisfied the following requirements for issuance of a license:
• The required license fees have been paid.
• Real estate taxes are not delinquent.
• Proof of commercial and liquor liability insurance has been received showing
Farmers Insurance Exchange as affording the coverage.
As a result of this being a new request for an on-sale wine and 3.2 malt liquor
license, there is no need for an accountant's statement regarding the food/alcohol
ratio.
The Public Safety background investigation has been completed. The results of the
investigation are summarized in an attachment to this report. The Public Safety
Director has reviewed the background investigation report, and none of the
information in the report would cause the Public Safety Director to recommend
denial of the license.
On-sale wine and 3.2 malt liquor licenses require owners of these establishments to
comply with Resolution No. 9511, which outlines the discipline they can expect if
any ongoing problems occur. A copy of this resolution has been given to the
owners of the establishment.
There are no distance requirements to notify neighbors of the issuance or renewal
of on-sale wine and 3.2 malt liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
February 20, 2014.
B. POLICY
• Richfield City Code Section 1202 requires owners of on-sale wine and
3.2 malt liquor license establishments to comply with all of the
provisions of both City Code and State Statutes.
C. CRITICAL TIMING ISSUES
• N/A
D. FINANCIAL
• The required background investigation and licensing fees have been
received.
E. LEGAL
• The requirements of Resolution 9511 must be met, which outlines the
discipline they can expect if any ongoing problems occur. A copy of
this Resolution has been given to the owners of the establishment.
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• The Council could decide to deny the requested licenses, which would mean
the current applicants would not be able to obtain on-sale wine and 3,2 malt
liquor licenses.
• Schedule the hearing for another date. However, this may delay the
licensing process.
V. ATTACHMENTS
• Summary of background investigation report.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Miguel Angel Hernandez-Cruz— Owner, Tejaban Mexica Grill, LLC.
• Rosa lsela Zambrano Medina — Owner, Tejaban Mexica Grill, LLC.
SUMMARY OF BACKGROUND INVESTIGATION REPORT FOR TEJABAN MEXICA
GRILL, LLC, d/b/a FIRE UP BAR-B-QUE
Officers:
Miguel Angel Hernandez-Cruz, President
Rosa Isela Zambrano Medina, Vice-President
Criminal Histories:
Criminal history checks were conducted on the applicants. In 2011, Miguel'Angel
Hernandez-Cruz was charged with a misdemeanor for disorderly conduct. Rosa
Isela Zambrano is clear of any criminal records/convictions. A police background
was also run on the manager of Fire Up Bar-B-Que, Miguel Hernandez Jr., and it
came back with no criminal convictions.
Premises:
The property is owned by Brixmor Properties Group which is a subsidiary of Centro
Bradley SPE 1, LLC. Verification of this purchase has been provided by Hennepin
County tax records. The property housed El Tejaban previously since 2008.
Record of Service Calls:
For the past year there were eight calls for service. Two suspicious persons, two
drunkenness, one disturbance, one assault, one threat, and one weapon. The
majority of these incidents did not generate from within the restaurant/bar. ..
Violations:
There have been no violations for the sale of alcohol to underage youth in the past
year.
Routine Information:
On-sale wine and 3.2 percent malt liquor licenses require owners of these
establishments to comply with Resolution No. 9511, which outlines the discipline
they can expect if any ongoing problems occur. A copy of this resolution has been
given to the owners of the establishment.
There are no distant requirements to notify neighbors of the issuance of renewal of
on-sale wine and 3.2 percent malt liquor licenses.
The Notice of Public Hearing was published in the Richfield Sun Current on
February 20, 2014.
AGENDA SECTION: RESOLUTION
AGENDA ITEM# 6
REPORT# 66
STAFF REPORT
'� CITY COUNCIL MEETING
i cc MARCH 11, 2014
JESSE SWENSON,
REPORT PREPARED BY: ASSISTANT HR MANAGER
NAME,TITLE
DEPARTMENT DIRECTOR REVIEW:
SIGNATURE
OTHER DEPARTMENT REVIEW: IY ,i; i
-41111 _
SIGNATU'Op 4.4/
REVIEWED BY CITY MANAGER: `�
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a resolution approving the contract with the International Association of
Firefighters Local 1215 for the contract period January 1, 2014 through December 31, 2014.
I. RECOMMENDED ACTION:
By Motion: Adopt the resolution approving the provisions of the 2014
labor agreement with the International Association of Firefighters
Local 1215 bargaining unit and authorize the City Manager to execute
the agreement.
II. EXECUTIVE SUMMARY
City staff has completed labor negotiations with the International Association of
Firefighters Local 1215 (Union). This was the last of the four union contracts settled
for the 2014 calendar year. The provisions of the one year contract cover all
twenty-four employees represented in this unit.
The tentative settlement provides a wage adjustment of 2.25%, effective the first full
pay period of January 2014. It also provides a $40 per month increase to the
Employer health insurance contribution and a $7.50 per month increase to the
Employer contribution for single dental insurance coverage.
2014 Contract
The other provisions of the tentative agreement include:
• A $15 increase to the clothing allowance from $585 to $600 per year.
• An increase to the disability reserve cap from 960 hours to 1200 hours.
Disability reserve hours are used after all sick leave hours have been
exhausted, and can be used only in cases of actual illness or injury, legal
quarantine and to receive dental or medical care. The 240 hour increase
helps the employee when they need to be out for a serious medical
condition. However, there is no pay out obligation for unused disability
reserve hours at the time of an employee's separation of employment.
• Additional clothing items added to the initial issue list and the clothing
allowance list.
III. BASIS OF RECOMMENDATION
A. BACKGROUND
The tentatively approved one year contract settlement includes the following
significant changes:
• Wages: A two and two-quarter percent wage adjustment in 2014.
• Clothing allowance increase from $585 to $600 per year.
• An increase to the disability reserve cap from 960 hours to 1200 hours.
• Additional clothing items added to the initial issue list and the clothing
allowance list.
• Health Insurance: A $40 increase to the Employer health insurance
contribution, which provides up to a maximum contribution of$669.50 per
month for single Employee coverage, $990 per month for Employee plus
spouse or Employee plus child(ren) coverage and $1,040 per month for
Employee plus family coverage.
• Dental Insurance: A $7.50 increase to the Employer contribution for
Employee single dental insurance coverage at $52.50 per month.
B. POLICY
• The City has met and negotiated in good faith with the Union and its
representatives and is bound under the Public Employer's Labor
Relations Act to meet and bargain over the terms and conditions of
employment.
• The proposed settlement for the health and dental insurance
provisions is identical to those provided to non-union City employees.
The City has a long history of providing the same level of insurance
benefits to all eligible City employees.
• The 2014 two and two-quarter percent (effective the first full pay
period in 2014) wage increase represents the same wage adjustment
implemented for non-union City employees. All of the other City
unions are settled for 2014.
• The wage settlement and health insurance provision is well within the
range for other comparable bargaining groups in similar metro cities.
C. CRITICAL TIMING ISSUES
• In order to allow the City's accounting personnel to modify payroll
records in a timely manner for 2014 wages and benefits, it is
recommended that the City Council act on March 11, 2014 to adopt
the attached resolution providing for contract changes, effective
January 1, 2014.
D. FINANCIAL
• Two and two-quarter percent (2.25%) wage increase effective the first
full pay period of 2014, for contract year 2014.
• A $15 increase in clothing allowance from $585 to $600.
• A $7.50 per month increase in Employer monthly contribution towards
employee single dental insurance in 2014.
• A $40 per month increase in Employer monthly contribution towards
health insurance coverage in 2014.
E. LEGAL
• If the terms of this agreement are not approved, further negotiation
and/or mediation will be necessary.
F. ENVIRONMENTAL CONSIDERATIONS
• NA
IV. ALTERNATIVE RECOMMENDATION(S)
• Do not approve the terms of this agreement and prepare for further
negotiation and/or mediation.
• Defer discussion to another date.
V. ATTACHMENTS
• Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
RESOLUTION NO.
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN THE
CITY OF RICHFIELD AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF), LOCAL 1215
BARGAINING UNIT FOR THE YEAR 2014
WHEREAS, the City Manager and the Richfield Firefighters IAFF Local 1215 have
reached an understanding concerning conditions of employment for year 2014; and
WHEREAS, it would be inappropriate to penalize IAFF Local 1215 members who
have negotiated in good faith; and
WHEREAS, the City Ordinance requires that contracts between the City and the
exclusive representative of the employees in an appropriate bargaining unit shall be
completed by Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve
the Labor Agreement between the City of Richfield and IAFF Local 1215 Bargaining Unit
for 2014, under the provisions of the Labor Agreement to be implemented, effective
January 1, 2014 and authorize the City Manager to execute the contract.
Adopted by the City Council of the City of Richfield, Minnesota this 11th day of
March 2014.
Debbie Goettel Mayor
ATTEST:
Nancy Gibbs City Clerk
AGENDA SECTION: OTHER BUS.
AGENDA ITEM# 7
REPORT# 67
STAFF REPORT
?Tired ' CITY COUNCIL MEETING
MARCH 11, 2014
REPORT PREPARED BY: THERESA SCHYMA, DEPUTY CITY CLERK
NAME,TITLE
DEPARTMENT DIRECTOR REVIEW: El N/A
SIGNATURE
OTHER DEPARTMENT REVIEW: El N/As A AA
■yf Fara
REVIEWED BY CITY MANAGER: C At, �' .4
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an appointment to a City advisory commission.
I. RECOMMENDED ACTION:
By Motion: Approve the appointment to fill a vacant term on a City
advisory commission.
II. EXECUTIVE SUMMARY
In January 2014, the City Council made several appointments to the various City
advisory commissions. However, there continue to be some vacancies following
these appointments.
The City Council continues to accept commission applications and interviews all
applicants.
An application was received and a Special City Council Meeting was scheduled for
March 11, 2014 to conduct interviews. Consideration of the approval of the
appointment is on the March 11, 2014 Regular City Council Meeting agenda.
III. BASIS OF RECOMMENDATION
0311 Commission
A. BACKGROUND
• In January 2014, the City Council made several appointments to the
various City advisory commissions.
• There were some remaining vacancies following those appointments.
• The City Council continues to accept applications and interviews all
applicants.
B. POLICY
• The City advisory commissions were established by City ordinance or
resolution. Interviews of the applicants are conducted at Special City
Council meetings. The required meeting notice is posted in
accordance with the open meeting law requirements.
C. CRITICAL TIMING ISSUES
• Applications were received and interviews were conducted on March
11, 2014.
D. FINANCIAL
• N/A
E. LEGAL
• The March 11, 2014 Special City Council Meeting was posted in
accordance with the open meeting law requirements.
F. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S)
• The City Council could defer the appointment to a future City Council
Meeting.
V. ATTACHMENTS
• Commission vacancy list.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None.
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