111014CompleteAgendaREGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
NOVEMBER 10, 2014
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
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.
Pledge of Allegiance
Approval of the minutes of the (1) Special Concurrent City Council and HRA Worksession of October 20, 2014, (2) Special
City Council Meeting of October 28, 2014, (3) Special City Council Worksession of October 28, 2014 and (4) Regular City
Council Meeting of October 28, 2014.
PRESENTATIONS
1. Presentation of the Public Health Community Assessment and Prioritization of Community Health Needs in
Richfield (Council Memo No. 111)
2. Annual meeting with the Planning Commission
3. Oath of office to recently appointed Public Safety Director Jay Henthorne.
COUNCIL DISCUSSION
4. . Cancel or reschedule the December 23, 2014 Regular City Council Meeting
Hats off to hometown hits
AGENDA APPROVAL
5. Approval of the agenda.
6. 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 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 the first reading of an ordinance increasing the number of on -sale Wine
licenses in the City from twelve (12) to seventeen (17).
Staff Report No. 195
B. Consideration of the approval of the first reading of an ordinance increasing the number of on -sale 3.2
percent Malt Liquor licenses in the City from fifteen (15) to twenty (20).
Staff Report No. 196
C. Consideration of the approval of the setting of a public hearing to be held on December 9, 2014 for the
consideration of the renewal of on -sale wine and on -sale 3.2 percent malt liquor licenses for 2015 for Last
Call Operating Co. II, Inc. d/b/a/ Champps Americana (Richfield Ice Arena location), Chipotle Mexican Grill of
Colorado, LLC d/b/a Chipotle Mexican Grill, Thompson's Fireside Pizza, Inc. d/b/a Fireside Pizza, Joy's
Pattaya Thai Restaurant, Lariat Lanes, The Noodle Shop Co. Colorado, Inc. d/b/a Noodles and Company
(two locations), Patrick's Bakery & Cafe, Henry Thou d/b/a Red Pepper Chinese Restaurant.
Staff Report No. 197
D. Consideration of the approval of setting a public hearing to be held on December 9, 2014 for the
consideration of the renewal of on -sale intoxicating and Sunday liquor licenses for 2015 for Last Call
Operating Co. II, Inc. d/b/a Champps Americana, Don Pablo's Operating Corporation d/b/a Don Pablo's,
Tejaban Mexica Grill, LLC d/b/a EI Tejaban Mexican Restaurant, Financial Guidance, Inc. d/b/a Four Points
by Sheraton, Frenchman's Pub, Inc. d/b/a Frenchman's, Wiltshire Restaurants, LLC d/b/a Houlihan's
Restaurant & Bar, Khan's Mongolian Barbeque, Lyn 65, LLC d/b/a Lyn 65, Pizza Luce VII, Inc. d/b/a Pizza
Luce, Minneapolis -Richfield American Legion Post 435 and Fred Babcock VFW Post 555 d/b/a Four Nickels
Food & Drink.
Staff Report No. 198
E. Consideration of the approval of setting a public hearing to be held on December 9, 2014 for the
consideration of the renewal of pawnbroker and secondhand goods dealer licenses for 2015 for University
Cash Company, LLC d/b/a Avi's Pawn and Jewelry and Metro Pawn and Gun, Inc.
Staff Report No. 199
F. Consideration of the approval of a resolution for a grant from the Office of Justice Programs for bulletproof
vests in the amount of $4,586.10.
Staff Report No. 200
G. Consideration of the approval of the resolution for approval of a Mutual Aid Pact with Hennepin County for
the use of law enforcement personnel and equipment.
Staff Report No. 201
H. Consideration of the approval of the Continuing Agreement for 2015 with Hennepin County and City of
Richfield/Public Safety Department/Police for Police Cadet Funds and Joint Community Police Partnership
(JCPP) program Training Funds.
Staff Report No. 202
I. Consideration of the approval and acceptance of the Master Grant Contract (MGC) from the State of
Minnesota, Department of Health for the 2015-2019 grant cycle that is designed to administratively simplify
the review of grant agreements of local public health agencies.
Staff Report No. 203
J. Consideration of the approval of authorizing the purchase of pedestrian -scale street lights for the Penn
Avenue Corridor between T.H. 62 and 67th Street, utilizing Community Development Block Grants, in an
amount not to exceed $61,000.
Staff Report No. 204
K. Consideration of the approval of the first reading of an amendment to the City's Zoning Ordinance. The
proposed amendment will add "municipal parking lots" to the list of permitted uses in the Penn Avenue
Corridor Overlay District.
Staff Report No. 205
L. Consideration of the approval of a resolution determining the results of the City General Election on Tuesday,
November 4, 2014
Staff Report No. 206
7. Consideration of items, if any, removed from Consent Calendar
PUBLIC HEARINGS
8. Public hearing and consideration of a resolution granting a Conditional Use Permit and Variance to allow
expansion of an existing sober -housing facility (Progress Valley) at 308 - 78th Street East.
Staff Report No. 207
PROPOSED ORDINANCES
9. Consideration of the second reading of an ordinance establishing a 12 -month moratorium on new establishments
allowing indoor smoking or sampling of tobacco or similar products and a resolution authorizing summary
publication of the ordinance.
Staff Report No. 208
RESOLUTIONS
10. Consideration of a resolution authorizing condemnation of property for the reconstruction of Portland Avenue.
Staff Report No. 209
OTHER BUSINESS
11. Consideration of authorizing the Richfield Housing and Redevelopment Authority and its staff to negotiate a
Preliminary Development Agreement and/or Purchase Agreement with the Donald James Group for the former
City Garage Site pending later City Council ratification.
12. City Manager's Report
Staff Report No. 210
CITY MANAGER'S REPORT
CLAIMS AND PAYROLLS
13. Claims and payrolls
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.
14. 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 COUNCIL MINUTES
Richfield, Minnesota
Special Concurrent City Council
and
Housing and Redevelopment Authority
Worksession
Item #1 DISCUSSION REGARDING 7600 PILLSBURY/PLEASANT DEVELOPMENT
PROPOSAL (COUNCIL MEMO NO. 96/HRA MEMO 41)
Community Development Director Stark stated that Developer/Broker Donald James (working
in conjunction with several investors) will be discussing a conceptual proposal for the 7600 block
between Pillsbury and Pleasant Avenues (the former City Garage and Gleason's Mortuary site) of
approximately 40 - 48 townhomes on the site which would be owner occupied.
Mr. Stark also discussed the process for moving forward, including zoning approval, the
consideration of public subsidy and the options for streamlining the process since both the City and
HRA own the property.
Developer/Broker James presented the proposed development, including the financing.
The HRA and City Council consensus was to proceed with the preliminary concept of the
development proposal with the HRA negotiating on the purchase of the property subject to City
Council ratification.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:55 p.m.
Date Approved: November 17, 2014.
October 20, 2014
CALL TO ORDER
The meeting was called to order by HRA Chair Sandahl at 6:02 p.m. in the Bartholomew
Room.
Council Members
Debbie Goettel, Mayor; Pat Elliott; Sue Sandahl; Edwina Garcia; and Tom
Present:
Fitzhenry (arrived 6:10 p,m.).
HRA Members
Sue Sandahl, HRA Chair, Mary Supple; Debbie Goettel; Doris Rubenstein;
Present:
David Gepner (arrived 6:35 p.m.).
Staff Present:
Steven L. Devich, City Manager/HRA Executive Director; John Stark,
Community Development Director; Pam Dmytrenko, Assistant City
Manager/HR Manager; Karen Barton, Assistant Community Development
Director; and Cheryl Krumholz, Executive Coordinator.
Item #1 DISCUSSION REGARDING 7600 PILLSBURY/PLEASANT DEVELOPMENT
PROPOSAL (COUNCIL MEMO NO. 96/HRA MEMO 41)
Community Development Director Stark stated that Developer/Broker Donald James (working
in conjunction with several investors) will be discussing a conceptual proposal for the 7600 block
between Pillsbury and Pleasant Avenues (the former City Garage and Gleason's Mortuary site) of
approximately 40 - 48 townhomes on the site which would be owner occupied.
Mr. Stark also discussed the process for moving forward, including zoning approval, the
consideration of public subsidy and the options for streamlining the process since both the City and
HRA own the property.
Developer/Broker James presented the proposed development, including the financing.
The HRA and City Council consensus was to proceed with the preliminary concept of the
development proposal with the HRA negotiating on the purchase of the property subject to City
Council ratification.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:55 p.m.
Date Approved: November 17, 2014.
Special Worksession Minutes -2- October 20, 2014
Suzanne M. Sandahl
Chair
Cheryl Krumholz Steven L. Devich
Executive Coordinator Executive Director
CALL TO ORDER
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Meeting
Advisory Board/Commission
Applicant Interviews
October 28, 2014
The meeting was called to order by Mayor Goettel at 5:45 p.m. in the Babcock Room.
MEMBERS PRESENT: Debbie Goettel, Mayor; Suzanne Sandahl; Edwina Garcia; Pat Elliott;
and Tom Fitzhenry.
INTERVIEW OF APPLICANTS
The City Council conducted an interview of the following applicants for appointment to a City
Advisory Board and Commission:
Sarah Nelson
Quoc Tran
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:00 p.m.
Date Approved: November 10, 2014.
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY COUNCIL MINUTES
Richfield, Minnesota
Special City Council Worksession
October 28, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 6:02 p.m. in the Bartholomew Room.
Council Members Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Edwina Garcia; and Tom
Present: Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Mike Eastling, Public Works Director; Jim
Topitzhofer, Recreation Services Director; Kristin Asher, Assistant Public
Works Director; and Cheryl Krumholz, Executive Coordinator.
Item # 1 DISCUSSION REGARDING THE 66TH STREET STORMWATER ISSUES
(COUNCIL MEMO NO. 100)
Public Works Director Eastling and Pete Willenbring, WSB Engineering; discussed the
stormwater issues related to the 66th Street projects, including specific drainage problem areas and
possible stormwater system improvements to enhance flood protection in a wide area.
The City Council direction was to proceed with the flood protection.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:48 p.m.
Date Approved: November 10, 2014
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
October 28, 2014
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
Members Present:
Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Edwina Garcia; and Tom
Fitzhenry.
Staff Present:
Steven L. Devich, City Manager; Mike Eastling, Public Works Director;
John Stark, Community Development Director; Wayne Kewitsch, Fire
Chief; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance
Manager; Pam Dmytrenko, Assistant City Manager/HR Manager; Jeff
Pearson, Transportation Engineer; Theresa Schyma, Deputy City Clerk;
Mary Tietjen City Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
Elizabeth Arnold,
148 East 66`h Street; spoke about the Hennepin County 2040 Bike
Transportation Plan.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Elliott to approve the minutes of the (1) Special City Council Worksession of
October 14, 2014 and (2) Regular City Council Meeting of October 14, 2014.
Motion carried 5-0.
Item #1 UPDATE ON THE CONSTRUCTION OF RICHFIELD BLOOMINGTON HONDA
Tim Carter and project construction and architect representatives provided an update.
Item #2 ANNUAL MEETING WITH THE ARTS COMMISSION
Council Meeting Minutes -2-
Kevin Klos, Chair, provided an update.
Item #3 ANNUAL MEETING WITH THE FRIENDSHIP CITY COMMISSION
Roger Swanson, Chair, provided an update.
October 28, 2014
Item #4 PRESENTATION OF THE UNITED STATES ADMINISTRATION NATIONAL FIRE
ACADEMY TITLE OF EXECUTIVE FIRE OFFICER UPON RICHFIELD FIRE
CHIEF WAYNE KEWITSCH
Mayor Goettel presented the award to Fire Chief Kewitsch.
Item #5 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR FINANCIAL
REPORTING AWARD TO FINANCE MANAGER CHRIS REGIS (COUNCIL
MEMO NO. 98)
Council Member Sandahl presented the award to Finance Manager Chris Regis.
Item #6 COUNCIL DISCUSSION
Hats Off to Hometown Hits
Deputy City Clerk Schyma presented the innovative feature on the City's website of on-line
estimated wait times for voting at the precincts on Election Day, November 4, 2014.
Council Member Sandahl acknowledged the success of the recent Wood Lake Nature
Center's Half -Haunted Halloween event.
and 8.
Council Member Sandahl announced the St. Richard's Novemberfest event on November 7
Council Member Garcia announced the November 4 Optimist Club Spaghetti Dinner.
Council Member Elliott discussed the Tip -a -Cop event at Houlihan's to benefit Special
Olympics.
Mayor Goettel announced the November 9 Optimist Club No Kids Left Indoors event.
Item #7 COUNCIL APPROVAL OF AGENDA
M/Sandahl, S/Elliott, S/Garcia to approve the agenda.
Motion carried 5-0.
Item #8 CONSENT CALENDAR
A. Consideration of the approval of the Safe Routes to School Plan S.R. No. 183
B. Consideration of the approval of the transfer of funds to close out certain capital project
funds S.R. No. 184
Council Meeting Minutes -3- October 28, 2014
C. Consideration of the approval of the resolutions to call the Gross Revenue Ice Arena Bonds,
Series 1999, and to authorize a $563,213 internal loan to fund the call of the Gross Revenue
Ice Arena Bonds, Series 1999 S.R. No. 185
RESOLUTION NO. 10987
RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF THE
CITY'S GROSS REVENUE ICE ARENA BONDS, SERIES 1999
This resolution appears as Resolution No. 10987.
RESOLUTION NO. 10988
RESOLUTION AUTHORIZING $563,213 INTERNAL LOAN TO RETIRE THE GROSS
REVENUE ICE ARENA BONDS, SERIES 1999
This resolution appears as Resolution No. 10988.
D. Consideration of the approval of the resolutions approving subdivision of the remnant
parcels at 6245 and 6301 Bloomington Avenue and approving first reading of transitory
ordinances authorizing the sale of land located at 6245 and 6301 Bloomington Avenue
South by the City of Richfield S.R. No. 186
RESOLUTION NO. 10989
RESOLUTION APPROVING SUBDIVISION OF LAND LOCATED AT 6245 BLOOMINGTON
AVENUE SOUTH AND WAIVING COMPLIANCE WITH MINN. STAT., SECTION 462.358,
SUBD. 4b(a) AND SECTION 500 OF THE CITY CODE OF ORDINANCES WITH RESPECT
THERETO
This resolution appears as Resolution No. 10989.
RESOLUTION NO. 10990
RESOLUTION APPROVING SUBDIVISION OF LAND LOCATED AT 6301
BLOOMINGTON AVENUE SOUTH AND WAIVING COMPLIANCE WITH MINN. STAT.
SECTION 462.358, SUBD. 4b(a)AND SECTION 500 OF THE CITY CODE OF
ORDINANCES WITH RESPECT THERETO
This resolution appears as Resolution No. 10990.
E. Consideration of the approval of the lease agreement between the City of Richfield and the
Minnesota Magicians for use of the space formerly occupied by Hat Trick Hockey to conduct
physical training programs S.R. No. 187
M/Goettel, S/Garcia to approve the Consent Calendar.
Motion carried 5-0.
Item #9 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Council Meeting Minutes -4- October 28, 2014
Item #10 CONTINUED PUBLIC HEARING REGARDING THE RESOLUTIONS
PERTAINING TO THE ANNUAL 77TH STREET MAINTENANCE DISTRICT
ASSESSMENT PROCESS S.R. NO. 188
Council Member Sandahl presented Staff Report No. 188.
M/Sandahl, S/Goettel to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Goettel that the following resolutions be adopted and that they be made part
of these minutes:
RESOLUTION NO. 10991
RESOLUTION ADOPTING ASSESSMENT ON
77TH STREET MAINTENANCE FOR THE PERIOD
JANUARY 1, 2013 - DECEMBER 31, 2013
This resolution appears as Resolution No. 10991.
RESOLUTION NO. 10992
RESOLUTION ORDERING UNDERTAKING OF CURRENT SERVICE PROJECT
77TH STREET PROJECT AREA JANUARY 1, 2015 - DECEMBER 31, 2015
This resolution appears as Resolution No. 10992.
Motion carried 5-0.
Item #11 PUBLIC HEARING REGARDING THE SPECIAL ASSESSMENT ROLL FOR CP -
41007 (NORTH RICHFIELD PARKWAY) AND CONSIDERATION OF A
RESOLUTION APPROVING THE ASSESSMENT ROLL S.R. NO. 189
Council Member Fitzhenry presented Staff Report No. 189.
M/Sandahl, S/Elliott to close the public heari
Motion carried 5-0.
M/Fitzhenry, S/Goettel that the following resolution be adopted and that it be made part of
thPRP minutPs-
RESOLUTION NO. 10993
RESOLUTION ADOPTING ASSESSMENT FOR
IMPROVEMENT NO. CP -41007 (NORTH RICHFIELD PARKWAY)
Motion carried 5-0. This resolution appears as Resolution No. 10993.
Council Meeting Minutes -5- October 28, 2014
Item #12 CONSIDERATION OF A RESOLUTION AND FIRST READING OF AN
ORDINANCE ESTABLISHING A 12 MONTH MORATORIUM ON THE
CONSIDERATION OF NEW ESTABLISHMENTS ALLOWING INDOOR
SMOKING OR SAMPLING OF TOBACCO OR SIMILAR PRODUCTS S.R. NO.
190
Council Member Elliott presented Staff Report No. 190.
M/Elliott, S/Garcia that the following resolution be adopted and that it be made part of these
minutes:
RESOLUTION NO. 10994
RESOLUTION ESTABLISHING A MORATORIUM ON ESTABLISHMENTS ALLOWING
INDOOR SMOKING OR SAMPLING OF TOBACCO OR SIMILAR PRODUCTS AND
DIRECTING THAT A STUDY BE CONDUCTED
The City Council requested that staff monitor State law regarding e -cigarette legislation.
Motion carried 5-0. This resolution appears as Resolution No. 10994.
Item #13 CONSIDERATION OF THE ADOPTION OF RESOLUTIONS SUPPORTING THE
PRELIMINARY CONCEPT #413 DESIGN FOR 66TH STREET BETWEEN 1-35W
AND 16TH AVENUE AND SUPPORTING THE APPLICATION OF A DESIGN
VARIANCE TO REDUCE RIGHT-OF-WAY IMPACT S.R. NO. 191
Council Member Garcia presented Staff Report No. 191.
Transportation Engineer Pearson provided an overview of the project.
Council Member Garcia stated that public access to information was good.
Council Member Sandahl expressed support for the resolution because it improves
pedestrian, bicycle and vehicle safety.
Council Member Fitzhenry questioned intersection safety for bicyclists with a bike lane or
cycle track.
Mr. Pearson explained the majority of those surveyed supported a separate cycle track.
M/Garcia, S/Sandahl that the following resolutions be adopted and that they be made part
of these minutes:
RESOLUTION NO. 10995
RESOLUTION GRANTING APPROVAL OF
COUNTY STATE AID HIGHWAY (CSAH) 53
PRELIMINARY LAYOUT 4B (EAST OF GIRARD AVENUE S)
HENNEPIN COUNTY PROJECT NO. 1011 (66th STREET)
This resolution appears as Resolution No. 10995.
Council Meeting Minutes -6- October 28, 2014
RESOLUTION NO. 10996
RESOLUTION SUPPORTING HENNEPIN COUNTY IN SEEKING A VARIANCE FROM
THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) FOR
DESIGN OF CURB REACTION DISTANCE FOR
COUNTY STATE AID HIGHWAY (CSAH) 53
PRELIMINARY LAYOUT 4B (EAST OF NICOLLET AVENUE S)
HENNEPIN COUNTY PROJECT NO. 1011
This resolution appears as Resolution No. 10996.
Motion carried 5-0.
Item #14 CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY OF
RICHFIELD TO FILE A HUD FAIR HOUSING COMPLAINT S.R. NO. 191
Mayor Goettel presented Staff Report No. 192.
Mayor Goettel stated that she was a member of the Housing Policy Committee and had
voiced her concerns but they had not been considered.
M/Goettel; S/Elliott that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 10997
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD
TO FILE A HUD FAIR HOUSING COMPLAINT
Council Member Garcia stated that Legislators should consider changing the Met Council
membership to elected rather than appointed.
Motion carried 5-0. This resolution appears as Resolution No. 10997.
Item #15 CONSIDERATION OF A REQUEST FOR THE CITY COUNCIL TO CONFIRM
THE APPOINTMENT OF JAY HENTHORNE AS PUBLIC SAFETY DIRECTOR
FOR THE CITY OF RICHFIELD S.R. NO. 193
Mayor Goettel presented Staff Report No. 193.
M/Goettel; S/Sandahl to confirm the appointment of Jay Henthorne as Public Safety
Director for the City of Richfield.
Motion carried 5-0.
Item #16 CONSIDERATION OF THE APPOINTMENTS TO CITY ADVISORY
COMMISSION S.R. NO. 194
Council Member Sandahl presented Staff Report No. 194.
Council Meeting Minutes -7- October 28, 2014
M/Sandahl, S/Goettel to appoint Sarah Nelson and Quoc Tran to the Arts Commission with
terms expiring on January 31, 2017.
Motion carried 5-0.
Item #17 CITY MANAGER'S REPORT
City Manager Devich reported provided an update on the cable television franchise transfer.
Item #18 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Sandahl that the following claims and payrolls be approved:
A/P Checks: 235387-235714 760,412.27
Payroll: 105362-105692 $ 564,987.69
TOTAL $ 1,325,399.96
Motion carried 5-0.
OPEN FORUM
None.
ADJOURNMENT
The City Council open meeting was adjourned by unanimous consent at 8:26 p.m.
Date Approved: November 10, 2014
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
November 6, 2014
Council Memorandum No. 111
The Honorable Mayor
and
Members of the City Council
Subject: Public Health Community Assessment & Prioritization
(Agenda Item No. 1)
Council Members:
The Local Public Health Act of 2003 (MN Statues 145A10, Subd. 5(a) requires
community health boards (which in our case is the Richfield City Council) to:
• Complete an assessment of community health needs
• Seek community input of health issues and priorities
• Establish local public health priorities based on identified community health
needs
• Address and implement essential local public health activities
• Address local public health priorities to achieve statewide outcomes, within the
limits of available funding
The Advisory Board of Health, on behalf of our City Council, completed this Public
Health Community Assessment and Prioritization process with the cities of Bloomington
and Edina on May 21, 2013. A presentation was given that evening by Bloomington
Public Health Staff on a list of health issues to be considered and how they were
selected. A data presentation was made to the three cities supporting the list of issues
being considered.
After the presentation, the three cities gathered within their respective groups for
individual city discussion. Bloomington, Edina and Richfield Advisory Health Board
members each voted on their respective health issues in order to focus on a list of each
City's top ten priority issues. Richfield chose to review their selections at their June
2013 meeting to complete their conversation and reach their final list of top eleven
priority issues after adding an additional item for the City which is attached for Council
review.
This is a requirement that must be submitted to the Minnesota Department of Health by
February 2015 and the Council is being asked to approve the Richfield Public Health
Top Eleven Health Issues work of the Richfield Advisory Board of Health in this
prioritization and assessment process that covers the 2015-2019 Community Health
Services Plan.
Ily submitt d
Cityf Manager
SLD:bao
Attachment
Email: Department Directors
Assistant City Manager
RICHFIELD - TOP ELEVEN PUBLIC HEALTH ISSUES
1. Maternal and Child Health — Home visiting for high-risk parents, teen pregnancy,
assessments and resources for families with children ages 0-3 with
developmental concerns, asthma home assessments.
2. Nutrition, Obesity and Physical Activity
SHIP (Statewide Health Improvement Program) and CTG (Community
Transformation Grant) funded activities which work on policy, systems and
environmental changes (farmers markets, school food, child care centers), WIC
(Women, Infants and Children to age 5), family home visiting to low income
families.
3. Social and Emotional Wellbeing
Community Health Improvement (CHIP) Action Team, intensive home visiting.
4. Sexual and Reproductive Health
Educational presentations in the middle and high school focus on reproductive
health.
5. Mental Illness
Referrals for our clients, home visits to disabled and older adults, maternal
depression.
6. Aging of the Population
7. Community clinics for seniors (blood pressure, hearing, medication review, safety
issues and high-risk home assessment (referrals from police, families and
community members and Environmental Health)
8. Alcohol, Tobacco and Drug Use and Abuse
CTG (tobacco), MN Student Survey data analysis, scheduled ATOD
screens/assessments are done with long term home visiting clients.
9. Intentional Injury Prevention
Intensive home visiting, referrals from police (secondary prevention), working
with Cornerstone, support and resources for suicides.
10. Individual and Family Emergency Preparedness
Public Health Volunteers (Medical Reserve Corp/Citizens Emergency Response
Team), Health Alert Network, community engagement in preparedness,
developing response plans for disasters and emergencies.
11. Immunization and Infectious Disease Prevention
Low cost immunizations, follow up on reportable diseases, consultation with
school nurses, consultation with child care centers, quality improvement visits to
clinics to assess their vaccine storage and administration practices.
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 6.A.
STAFF REPORT NO. 195
CITY COUNCIL MEETING
11/10/2014
Betsy Osborn, Support Services Manager
Jay Henthorne, Public Safety Director
John Stark, Director of Community Development
Steven L. Devich
Consideration of the approval of the first reading of an ordinance increasing the number of on -sale
Wine licenses in the City from twelve (12) to seventeen (17).
EXECUTIVE SUMMARY:
Current City code states that the City can issue up to twelve (12) on -sale Wine licenses. The City currently
has a total of ten (10) of this type of license issued. As a result, staff is proactively requesting an increase of
this type of license due to anticipated growth in future business developments that will likely increase the
number of licenses needed in order to facilitate new business as early as late 2014 or 2015.
The number of on -sale Wine licenses is not controlled by the State. Therefore, the State has no objection to
the number being increased.
RECOMMENDED ACTION:
By motion: Approve the first reading of an ordinance increasing the number of on -sale Wine licenses
in the City from twelve (12) to seventeen (17) and schedule a second reading of the ordinance for
December 9, 2014.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
• A study session discussion occurred in June of 1999 with the City Council about increasing the allowed
number of on -sale Wine licenses. Some time after that session, the number of on -sale Wine licenses was
increased to its current level of twelve (12).
• Also at that time, discussions with staff in the Community Development Department regarding future
redevelopment projects in the City and how those projects will impact alcohol licensing needs in the future drove
the need for a discussion with the City Council regarding increasing the number of licenses allowed in the City
Code.
• That same issue is currently driving a request to consider proactively increasing the number of on -sale Wine
licenses from twelve (12) to seventeen (17) at this time.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
The number of on -sale Wine licenses is not controlled by the State. Therefore, the State has no objection to the
number being increased.
The only liquor license category that the State does control is the number of on -sale intoxicating licenses a City
may have. The City currently still has enough room in that category and staff is not requesting that this category
be increased. Current code allows for up to fifteen (15) on -sale intoxicating liquor licenses and we only have nine
(9) currently being used so there is currently no need to increase the licenses in that category.
C. CRITICAL TIMING ISSUES:
None
D. FINANCIAL IMPACT:
None
E. LEGAL CONSIDERATION:
The City Attorney has reviewed the ordinance and approves of its contents.
ALTERNATIVE RECOMMENDATION(S):
The Council could decide not to increase the number of on -sale Wine licenses which at some point would
mean that no additional new licenses would be available for new business development.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D Wine Ordinance Ordinance
BILL NO.
AN ORDINANCE INCREASING THE NUMBER OF ON -SALE WINE LICENSES
AVAILABLE TO BE ISSUED
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 1202.05 of the Richfield City Code is amended as
follows:
Subd. 3 Types of licenses. The following types of licenses will be issued by the
City:
(d) Wine
(1) On -sale wine licenses may be issued to restaurants.
(2) No more than 42 17 wine licenses may be issued.
Sec. 2. This ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Adopted this 10th day of November, 2014.
Debbie Goettel, Mayor
/_IaION9
Nancy Gibbs, City Clerk
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 6.B.
STAFF REPORT NO. 196
CITY COUNCIL MEETING
11/10/2014
Betsy Osborn, Support Services Manager
Jay Henthorne, Public Safety Director
John Stark, Director of Community Development
Steven L. Devich
Consideration of the approval of the first reading of an ordinance increasing the number of on -sale 3.2
percent Malt Liquor licenses in the City from fifteen (15) to twenty (20).
EXECUTIVE SUMMARY:
Current City Code states that the City can issue up to fifteen (15) on -sale 3.2 percent Malt Liquor licenses.
The City currently has a total of thirteen (13) of this type of license issued. As a result, staff is proactively
requesting an increase of this type of license due to anticipated growth in future business developments that
will likely increase the number of licenses needed in order to facilitate new business as early as late 2014 or
2015.
The number of on -sale 3.2 percent Malt Liquor licenses is not controlled by the State. Therefore, the State
has no objection to the number being increased.
RECOMMENDED ACTION:
By motion: Approve the first reading of an ordinance increasing the number of on -sale 3.2 percent
Malt Liquor licenses in the City from fifteen (15) to twenty (20) and schedule a second reading of the
ordinance for December 9, 2014.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
A study session discussion occurred in June of 1999 with the City Council about increasing the allowed number
of on -sale 3.2 Percent Malt Liquor licenses. Some time after that session the number of on -sale 3.2 Percent Malt
Liquor licenses was increased to its current level of fifteen (15).
Also at that time, discussions with staff in the Community Development Department regarding future
redevelopment projects in the City and how those projects will impact alcohol licensing needs in the future drove
the need for a discussion with the City Council regarding increasing the number of licenses allowed in the City
Code.
That same issue is currently driving a request to consider proactively increasing the number of on -sale 3.2
Percent Malt Liquor licenses from fifteen(15) to twenty (20) at this time.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
• The number of on -sale 3.2 Percent Malt Liquor licenses is not controlled by the State. Therefore, the State has
no objection to the number being increased.
• The only liquor license category that the State does control is the number of on -sale intoxicating licenses a City
may have. The City currently still has enough room in that category and staff is not requesting that this category
be increased. Current code allows for up to fifteen (15) on -sale intoxicating liquor licenses and the City only has
nine (9) currently being used so there is currently no need to increase the licenses in their category.
C. CRITICAL TIMING ISSUES:
None
D. FINANCIAL IMPACT:
None
E. LEGAL CONSIDERATION:
The City Attorney has reviewed the ordinance and approves of its contents.
ALTERNATIVE RECOMMENDATION(S):
The Council could decide not to increase the number of on -sale 3.2 Percent Malt Liquor licenses which at
some point would mean that no additional new licenses would be available for new business development.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D 3.2 Ordinance Change Ordinance
BILL NO.
AN ORDINANCE INCREASING THE NUMBER OF
3.2 PERCENT MALT LIQUOR LICENSES
AVAILABLE TO BE ISSUED
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 1202.05 of the Richfield City Code is amended as follows:
Subd. 3. Types of licenses. The following types of licenses will be issued by the
City:
(a) 3.2 percent malt liquor.
(1) On -sale. The City may issue on -sale licenses to restaurants, hotels,
clubs and establishments having food licenses, provided that no 3.2
percent malt liquor manufacturer or wholesaler has any interest in such
business. No more than 45 20 on -sale licenses will be issued.
Sec. 2. This Ordinance will be effective in accordance with Section 3.09
of the City Charter.
Adopted this 10th day of November, 2014.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
452244v1 MDT RC 160-3
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 6.C.
STAFF REPORT NO. 197
CITY COUNCIL MEETING
11/10/2014
Betsy Osborn, Support Services Manager
Jay Henthorne, Public Safety Director
N/A
Steven L. Devich
Consideration of the approval of the setting of a public hearing to be held on December 9, 2014 for the
consideration of the renewal of on -sale wine and on -sale 3.2 percent malt liquor licenses for 2015 for
Last Call Operating Co. II, Inc. d/b/a/ Champps Americana (Richfield Ice Arena location), Chipotle
Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, Thompson's Fireside Pizza, Inc. d/b/a
Fireside Pizza, Joy's Pattaya Thai Restaurant, Lariat Lanes, The Noodle Shop Co. Colorado, Inc. d/b/a
Noodles and Company (two locations), Patrick's Bakery & Cafe, Henry Thou d/b/a Red Pepper Chinese
Restaurant.
EXECUTIVE SUMMARY:
Richfield City ordinance provides that the City Council conduct a public hearing to consider the renewal of all
on -sale wine and 3.2 percent malt liquor license renewals and a date be set for the public hearing. This
request is for the approval of the setting of the public hearing scheduled for December 9, 2014, for the
consideration of these license renewals.
RECOMMENDED ACTION:
By Motion: Approve the setting of a public hearing to be held on December 9, 2014, for the
consideration of the renewal of on -sale wine and on -sale 3.2 percent malt liquor licenses for 2015 for
Last Call Operating Co. II, Inc. d/b/a/ Champps Americana (Richfield Ice Arena location), Chipotle
Mexican Grill of Colorado, LLC d/b/a Chipotle Mexican Grill, Thompson's Fireside Pizza, Inc. d/b/a
Fireside Pizza, Joy's Pattaya Thai Restaurant, Lariat Lanes, The Noodle Shop Co. Colorado, Inc. d/b/a
Noodles and Company (two locations), Patrick's Bakery & Cafe and Henry Thou d/b/a Red Pepper
Chinese Restaurant.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
• The on -sale wine and 3.2 percent malt liquor licenses for restaurant establishments will expire on December 31,
2014.
• Hearings must be scheduled and held before a renewal license may be considered.
• The renewal process has been initiated.
• Holding the public hearing on December 9, 2014 will provide ample time to complete the licensing process before
January 1, 2015.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
Richfield City ordinance provides that the City Council conduct a public hearing to consider all on -sale wine and 3.2
percent malt liquor license renewals.
c. CRITICAL TIMING ISSUES:
Current on -sale wine and 3.2 percent malt liquor licenses will expire on December 31, 2014.
D. FINANCIAL IMPACT:
There are no financial considerations.
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(S):
Schedule the hearing for another date. However, this will delay the licensing process.
PRINCIPAL PARTIES EXPECTED AT MEETING:
There are no parties expected at the meeting.
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 6.D.
STAFF REPORT NO. 198
CITY COUNCIL MEETING
11/10/2014
Betsy Osborn, Support Services Manager
Jay Henthorne, Public Safety Director
N/A
Steven L. Devich
Consideration of the approval of setting a public hearing to be held on December 9, 2014 for the
consideration of the renewal of on -sale intoxicating and Sunday liquor licenses for 2015 for Last Call
Operating Co. II, Inc. d/b/a Champps Americana, Don Pablo's Operating Corporation d/b/a Don Pablo's,
Tejaban Mexica Grill, LLC d/b/a EI Tejaban Mexican Restaurant, Financial Guidance, Inc. d/b/a Four
Points by Sheraton, Frenchman's Pub, Inc. d/b/a Frenchman's, Wiltshire Restaurants, LLC d/b/a
Houlihan's Restaurant & Bar, Khan's Mongolian Barbeque, Lyn 65, LLC d/b/a Lyn 65, Pizza Luce VII,
Inc. d/b/a Pizza Luce, Minneapolis -Richfield American Legion Post 435 and Fred Babcock VFW Post
555 d/b/a Four Nickels Food & Drink.
EXECUTIVE SUMMARY:
Richfield City Ordinance provides that the City Council conduct a public hearing to consider the renewal of all
on -sale liquor license renewals and a date be set for the public hearing. This request is for the approval of the
setting of the public hearing scheduled for December 9, 2014, for the consideration of these license renewals.
RECOMMENDED ACTION:
By Motion: Approve the setting of a public hearing to be held on December 9, 2014, for the
consideration of the renewal of on -sale intoxicating and Sunday liquor licenses for 2015 for Last Call
Operating Co. II, Inc. d/b/a Champps Americana, Don Pablo's Operating Corporation d/b/a Don Pablo's,
Tejaban Mexica Grill, LLC d/b/a EI Tejaban Mexican Restaurant, Financial Guidance, Inc. d/b/a Four
Points by Sheraton, Frenchman's Pub, Inc. d/b/a Frenchman's, Wiltshire Restaurants, LLC d/b/a
Houlihan's Restaurant & Bar, Khan's Mongolian Barbeque, Lyn 65, LLC d/b/a Lyn 65, Pizza Luce VII,
Inc. d/b/a Pizza Luce, Minneapolis -Richfield American Legion Post 435
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
• The on -sale liquor licenses for restaurant establishments will expire on December 31, 2014.
• Hearings must be scheduled and held before a renewal license may be considered.
• The renewal process has been initiated.
• Holding the public hearing on December 9, 2014 will provide ample time to complete the licensing process before
January 1, 2015.
POLICIES (resolutions, ordinances, regulations, statutes, exc):
Richfield City ordinance provides that the City Council conduct a public hearing to consider all on -sale intoxicating
liquor license renewals.
c. CRITICAL TIMING ISSUES:
Current on -sale intoxicating liquor licenses will expire on December 31, 2014.
D. FINANCIAL IMPACT:
There are no financial considerations.
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(S):
Schedule the hearing for another date. However, this will delay the licensing process.
PRINCIPAL PARTIES EXPECTED AT MEETING:
There are no parties expected at the meeting.
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 6.E.
STAFF REPORT NO. 199
CITY COUNCIL MEETING
11/10/2014
Betsy Osborn, Support Services Manager
Jay Henthorne, Public Safety Director
N/A
Steven L. Devich
Consideration of the approval of setting a public hearing to be held on December 9, 2014 for the
consideration of the renewal of pawnbroker and secondhand goods dealer licenses for 2015 for
University Cash Company, LLC d/b/a Avi's Pawn and Jewelry and Metro Pawn and Gun, Inc.
EXECUTIVE SUMMARY:
Richfield City ordinance requires that the City Council conduct a public hearing to consider all pawnbroker and
secondhand goods dealer license renewals and that a date be set for the public hearing. This request is for the
approval of the setting of the public hearing scheduled for December 9, 2014, for the consideration of these
license renewals.
RECOMMENDED ACTION:
By Motion: Approve the setting of a public hearing to be held on December 9, 2014, for the
consideration of the renewal of pawnbroker and secondhand goods dealer licenses for 2015 for
University Cash Company, LLC d/b/a Avi's Pawn and Jewelry and Metro Pawn and Gun, Inc.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
The pawnbroker and secondhand goods dealer licenses for pawnshops will expire on December 31, 2014.
Hearings must be scheduled and held before a renewal license may be considered.
The renewal process has been initiated.
Holding the public hearing on December 9, 2014, will provide ample time to complete the licensing process
before January 1, 2015.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
Richfield City ordinance provides that the City Council conduct a public hearing to consider all pawnbroker and
secondhand goods dealer license renewals.
c. CRITICAL TIMING ISSUES:
Current pawnbroker and secondhand goods dealer licenses will expire on December 31, 2014.
D. FINANCIAL IMPACT:
There are no financial considerations
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(S):
Schedule the hearing for another date. However, this will delay the licensing process.
PRINCIPAL PARTIES EXPECTED AT MEETING:
There are no parties expected at the meeting.
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 61.
STAFF REPORT NO. 200
CITY COUNCIL MEETING
11/10/2014
Mike Flaherty, Police Lieutenant
Jay Henthorne, Public Safety Director
N/A
Steven L. Devich
Consideration of the approval of a resolution for a grant from the Office of Justice Programs for
bulletproof vests in the amount of $4,586.10.
EXECUTIVE SUMMARY:
The U. S. Department of Justice, Office of Justice Programs, through their Bulletproof Vest Partnership/Body
Armor Safety Initiative (BVP), created by the Bulletproof Vest Partnership Act of 1998, is designed to provide a
critical resource to state and local law enforcement. The Richfield Department of Public Safety has participated
in this grant since 2003. This grant allows the department to continually replace bulletproof vests to police
officers that are no longer covered by warranty.
RECOMMENDED ACTION:
By Motion: Approve the resolution accepting the grant from the U.S. Department of Justice, Office of
Justice Programs, in the amount of $4,586.10 for the purchase of bulletproof vests for the Richfield
Department of Public Safety.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
The U.S. Department of Justice is committed to improving officer safety and has undertaken research to review and
analyze violent encounters and law enforcement officer deaths and injuries. The Richfield Department of Public Safety
has received a total of $36,089.93 in the past ten years. The Department of Public Safety has applied for and received
a grant in the amount of $4,568.10 for providing compliant armored vests to their officers.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
• Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on
terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council.
• The Administrative Services Department issued a memo on November 9, 2004, requiring that all grants and
restricted donations to departments be received by resolution and passed by more than two-thirds majority of the
City Council in accordance with Minnesota Statute 465.03.
c. CRITICAL TIMING ISSUES:
The Bulletproof Vest Partnership requires that the vests are ordered on or after April 1, 2014. The deadline to request
payments from the FY 2014 award funds is August 31, 2016, or until all available FY 2014 funds have been exhausted.
D. FINANCIAL IMPACT:
The grant total is $4,568.10 for the Bulletproof Vests.
E. LEGAL CONSIDERATION:
There are no legal considerations.
ALTERNATIVE RECOMMENDATION(S):
Council could deny acceptance of the grant; however, the contributions would be beneficial to the Richfield
Department of Public Safety.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D 111014 Bulletproof Vest Grant Resolution Resolution Letter
RESOLUTION NO.
RESOLUTION AUTHORIZING RESOLUTION APPROVING THE GRANT WITH THE
U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS AND
RICHFIELD POLICE FOR BULLETPROOF VESTS.
WHEREAS, since 1999, the BVP (Bulletproof Vest Partnership) program has
reimbursed more than 13,000 jurisdictions a total of $375 million in federal funds for the
purchase of over one million vests. Based on data collected and recorded by BJA staff,
in FY 2012, protective vests were directly attributable to saving the lives of at least 33
law enforcement and corrections officers in 20 different states; an increase of 13.7%
over FY 2011. At least 14 of those life-saving vests had been purchased, in part, with
BVP funds; and,
WHEREAS, the U.S. Department of Justice is committed to improving officer
safety and has undertaken research to review and analyze violent encounters and law
enforcement officer deaths and injuries; and,
WHEREAS, the Richfield Department of Public Safety has been informed that a
grant has been awarded to the department by the U.S. Department of Justice, Office of
Justice Programs, under their Bulletproof Vest Partnership program, for $$4,586.10 for
the purchase of ballistic vests; and,
WHEREAS, the BVP grant is under the Fiscal Year 2014 BVP awards, allowing
purchases beginning on or after April, 2014, until August 31, 2016, or until all available
2014 award funds have been requested.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, that the Public Safety Department and the Director of Public
Safety will enter into an agreement to receive grant money for the Public Safety's
bulletproof vest expenditures as outlined in the agreement.
Adopted by the City Council of the City of Richfield, Minnesota this 10 day of
November, 2014.
Debbie Goettel, Mayor
/_IaI2MM
Nancy Gibbs, City Clerk
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 6.G.
STAFF REPORT NO. 201
CITY COUNCIL MEETING
11/10/2014
Jay Henthorne, Director of Public Safety/Chief of Police
Jay Henthorne, Public Safety Director
N/A
Steven L. Devich
Consideration of the approval of the resolution for approval of a Mutual Aid Pact with Hennepin
County for the use of law enforcement personnel and equipment.
EXECUTIVE SUMMARY:
Minnesota State Statute 471.59 authorizes governmental units by agreement of their governing bodies to
jointly or cooperatively exercise any power common to them. The general purpose of this pact is to permit
agencies to share law enforcement resources with other agencies in Hennepin County. Requesting parties
may select the resources that best meets their needs, and are not required to make requests through a
particular party. Resources may be utilized for many reasons and are not limited to major catastrophic
situations. The pact allows for all agencies to use the resources located among all participating parties in
Hennepin County. The original Mutual aid pact was written in 1968. The Hennepin County Chiefs of Police
Association has revised its Mutual Aid Pact to clarify and update the language of the Joint and Cooperative
Powers Agreement for the use of Law Enforcement Personnel and Equipment.
RECOMMENDED ACTION:
By Motion: Approve the Resolution for the Hennepin County Mutual Aid Pact for the use of Law
Enforcement Personnel and Equipment.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
The original Mutual Aid Pact was created in 1968 with various agencies joining the pact throughout the years. Many
provisions of the original pact were continued into the new pact. The Joint and Cooperative Agreement for Use of Law
Enforcement Personnel and Equipment was updated to accurately reflect procedures, address current issues and
enhance the ability of departments to share resources with each other. This pact allows agencies to utilize resources
for routine circumstances such as training efforts and back up patrol services. The Richfield Police Department is a
small agency and being able to call upon surrounding communities for back up patrol service or join with a larger
department for training benefits the department and the community.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
Minnesota State Statute Section 471.59 authorizes governmental units by agreement of their governing bodies to
jointly or cooperatively exercise any power common to them.
c. CRITICAL TIMING ISSUES:
. There are no critical timing issues.
D. FINANCIAL IMPACT:
. There is no financial impact to the City of Richfield or the Richfield Police Department.
LEGAL CONSIDERATION:
. There are no legal issues.
ALTERNATIVE RECOMMENDATION(S):
. The Council could decide not to approve the agreement. This would mean that Richfield could not
share the resources of other law enforcement agencies in Hennepin County.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D Resolution For Hennepin Co. VOTF Agreement Resolution Letter
D HC Chiefs of Police Mutual Aid Pact Contract/Agreement
RESOLUTION NO.
RESOLUTION AUTHORIZING Resolution Approving Joint and Cooperative Agreement for
use of Law Enforcement Personnel and Equipment
WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units by
agreement of their governing bodies to jointly or cooperatively exercise any power common to
them; and
WHEREAS, THE Hennepin County Chiefs of Police Association previously developed a
Mutual Aid Pact to foster the sharing of law enforcement resources among agencies in
Hennepin County; and
WHEREAS, the Hennepin County Chiefs of Police Association has revised its Mutual
Aid Pact to clarify and update the language of the Joint and Cooperative Agreement for the use
of Law Enforcement Personnel and Equipment (the Agreement); and
WHEREAS, the Agreement allows other governmental units and municipalities to
become a party to the agreement by the adoption of a resolution and sending notice to the
Hennepin County Sheriff; and
WHEREAS, the governing body of the City of Richfield considers it to be in its best
interests to become a Party to the Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City of Richfield
1. Authorizes the Richfield Department of Public Safety to be a party to the Joint and
Cooperative Agreement for the Use of Law Enforcement Personnel and Equipment
developed by the Hennepin County Chiefs of Police Association.
2. The Director of Public Safety is directed to send a copy of the signature page of the
Agreement and this Resolution to the Hennepin County Sheriff; and
3. The Richfield Department of Public Safety agrees to comply with all terms of the
Agreement.
Adopted by the City Council of the City of Richfield, Minnesota this 10 day of November,
2014.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
HENNEPIN COUNTY
CHIEFS OF POLICE ASSOCIATION
MUTUAL AID PACT
Effective January 1, 2015
TABLE OF CONTENTS
FOREWORD 2
JOINT AND COOPERATIVE AGREEMENT FOR USE OF
LAW ENFORCEMENT PERSONNEL AND EQUIPMENT 4
I. GENERAL PURPOSE 4
II. DEFINITION OF TERMS 4
III. PARTIES 5
IV. PROCEDURE 5
V. LIABILITY 7
VI. EFFECTIVE DATE 9
VII. WITHDRAWAL AND TERMINATION 9
Hennepin County Chiefs of Police Association Mutual Aid Pact - 1 -
HENNEPIN COUNTY
CHIEFS OF POLICE ASSOCIATION
MUTUAL AID PACT
FOREWORD
The Mutual Aid Committee of the Hennepin County Chiefs of Police Association was tasked
with revising and updating the mutual aid pact among all the police agencies of Hennepin
County. The original pact was created in 1968 with the various agencies joining the pact
throughout the years. Many provisions of the original pact were continued into the new pact.
The Joint and Cooperative Agreement for Use of Law Enforcement Personnel and
Equipment ("Joint Powers Agreement") was updated to reflect accurately the procedures,
address current issues and enhance the ability of departments to share resources with each
other.
The general purpose of the pact is to permit agencies to share law enforcement resources
with other agencies in Hennepin County. The Joint Powers Agreement specifically allows a
requesting party to select the resources that best meets the needs of a given situation. A
requesting party may call upon any other participating party for mutual aid. There is no
requirement to make requests through a particular party. In addition, the Joint Powers
Agreement should not be interpreted as restrictive in providing resources to deal with only
major catastrophic situations. Participating parties can utilize the resources for many
reasons including routine circumstances such as training efforts and back-up patrol service.
This pact provides the flexibility for all agencies to use the resources located among all
participating parties in Hennepin County.
The decision as to when to invoke mutual aid and whether to respond is left to the discretion
of the requesting or sending party. Each agency should acquaint supervisory personnel with
any internal procedures used for mutual aid. While the Joint Powers Agreement does not
require particular words or actions to initiate mutual aid, agencies should be clear about
whether mutual aid was requested and what type of assistance is being provided. Parties
should not self -deploy.
Hennepin County Chiefs of Police Association Mutual Aid Pact - 2 -
Furthermore, each officer within a department should have a basic familiarity with mutual aid,
the responsibilities when reporting to another agency and the protections afforded under the
agency's worker's compensation.
For liability reasons, management of a mutual aid situation is under the control of the
requesting party. However, the sending party has discretion whether to provide personnel or
equipment and can recall such assistance at any time.
Time commitments for mutual aid requests: While there is no hard and fast time limit, the
commitment of resources can be taxing on agencies. In addition, in some situations, an
advantage can be gained by ending a mutual aid request and entering into some contractual
assistance, especially when the law enforcement costs need to be tracked or can be
recovered from other sources.
The Hennepin County Sheriff's Office ("Sheriff") has again volunteered to serve as the
administrative coordinator of the pact. As communities adopt the Joint Powers Agreement,
the appropriate documentation and signature page need to be forwarded to the Sheriff.
Each agency is responsible for entering and updating available agency resources.
Previously the parties used the Regional Automated Property Information (RAPID) database.
Resources will now be listed online in a mutually agreed upon resource management
database. The parties to this agreement are solely responsible to update their available
resources in the agreed upon database.
The effective date for the new Joint Powers agreement is January 1, 2015. This date was
established to allow enough time for agencies to receive the appropriate authority and to
provide some finality between the old pact and the new pact. The former pact will expire at
midnight on December 31, 2014. Failure to execute the new agreement by December 31,
2014 will terminate a party's participation in the pact. Participation can be resumed upon
execution of the new agreement. Agencies that elect not to participate in the new agreement
may be bound by other existing mutual aid agreement or state statutes.
Hennepin County Chiefs of Police Association Mutual Aid Pact - 3 -
JOINT AND COOPERATIVE AGREEMENT FOR
USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT
I. GENERAL PURPOSE
The general purpose of this Joint and Cooperative Agreement for Use of Law
Enforcement Personnel and Equipment ("Agreement") is to provide a means by which
a Party to this Agreement may request and obtain Law Enforcement Assistance from
other Parties when a Party deems such Law Enforcement Assistance necessary. This
Agreement is made pursuant to Minnesota Statutes, Section 471.59, which authorizes
the joint and cooperative exercise of powers common to the Parties.
II. DEFINITION OF TERMS
For the purposes of this Agreement, the terms defined in this section shall have the
following meanings:
Subd. 1. "Eligible Party" means a "governmental unit" as defined by Minnesota
Statues, Section 471.59, subd. 1 or a "municipality" as defined by Minnesota Statutes,
Section 466.01, subd. 1, that is authorized to exercise police powers in Hennepin
County, Minnesota.
Subd. 2. "Law Enforcement Assistance" means equipment and personnel, including
but not limited to, licensed peace officers and non -licensed personnel.
Subd. 3. "Party" means an "Eligible Party" that elects to participate in this Agreement
by the authorization of its governing body. "Parties" means more than one Party to
this Agreement.
Subd. 4. 'Requesting Official' means a person who is designated by the Requesting
Party to request Law Enforcement Assistance from other Parties.
Subd. 5. 'Requesting Party" means a Party that requests Law Enforcement Assistance
from other Parties.
Hennepin County Chiefs of Police Association Mutual Aid Pact - 4 -
Subd. 6. "Sending Official" means a person who is designated by a Party to
determine whether and to what extent that Party should provide Law Enforcement
Assistance to a Requesting Party.
Subd. 7. "Sending Party" means a Party that provides Law Enforcement Assistance
to a Requesting Party.
Subd. 8. "Sheriff" means the Hennepin County Sheriff or designee.
III. PARTIES
The Parties to this Agreement shall consist of as many Eligible Parties that have
approved this Agreement by December 31, 2014. Additional Eligible Parties shall
become a Party on the date this Agreement is approved by the Party's governing
body.
Upon approval by a Party, the executed signature page of this Agreement shall be
sent to the Sheriff along with a resolution approving this Agreement.
IV. PROCEDURE
Subd. 1. Each Party shall designate, and keep on file with the Sheriff, the name of the
person(s) of that Party who shall be its Requesting Official and Sending Official. A
Party may designate the same person as both the Requesting Official and the
Sending Official. Also, a Party may designate alternate persons to act in the absence
of an official.
Subd. 2. Whenever, in the opinion of a Requesting Official of a Party, there is a need
for Law Enforcement Assistance from other Parties, such Requesting Official may, at
his or her discretion, call upon the Sending Official of any other Party to furnish Law
Enforcement Assistance.
Hennepin County Chiefs of Police Association Mutual Aid Pact - 5 -
Subd. 3. Upon the receipt of a request for Law Enforcement Assistance from a Party,
the Sending Official may authorize and direct personnel and equipment of the Sending
Party be sent to the Requesting Party. Whether the Sending Party provides such Law
Enforcement Assistance to the Requesting Party and, if so, to what extent such Law
Enforcement Assistance is provided shall be determined solely by the Sending Official
(subject to such supervision and direction as may be applicable within the
governmental structure of the Party by which they are employed). Failure to provide
Law Enforcement Assistance will not result in liability to a Party and each Party hereby
waives all claims against another Party for failure to provide Law Enforcement
Assistance.
Subd. 4. When a Sending Party provides Law Enforcement Assistance under the
terms of this Agreement, it may in turn request Law Enforcement Assistance from
other Parties as "back-up" during the time that such Law Enforcement Assistance is
provided.
Subd. 5. Whenever a Sending Party has provided Law Enforcement Assistance to a
Requesting Party, the Sending Official may at any time recall such Law Enforcement
Assistance or any part thereof, if the Sending Official in his or her best judgment
deems such recall necessary to provide for the best interests of the Sending Party's
community. Such action will not result in liability to any Party and each Party hereby
waives all claims against another Party for recalling Law Enforcement Assistance.
Subd. 6. The Requesting Party shall be in command of all situations where Law
Enforcement Assistance is provided. The personnel and equipment of the Sending
Party shall be under the direction and control of the Requesting Party until the
Sending Party withdraws Law Enforcement Assistance or the Law Enforcement
Assistance is no longer needed.
Subd. 7. No charges will be levied by a Sending Party to this Agreement for Law
Enforcement Assistance rendered to a Requesting Party under the terms of this
Agreement unless that assistance continues for a period of more than eight (8) hours.
If Law Enforcement Assistance provided under this Agreement continues for more
Hennepin County Chiefs of Police Association Mutual Aid Pact - 6 -
than eight (8) hours, the Sending Party may submit to the Requesting Party an
itemized bill for the actual cost of any Law Enforcement Assistance provided after the
initial eight (8) hour period, including salaries, overtime, materials and supplies and
other necessary expenses. The Requesting Party will reimburse the Sending Party
providing the Law Enforcement Assistance for that amount. Such charges are not
contingent upon the availability of federal or state government funds.
V. LIABILITY
Liability for Injury, Death or Damage to Sending Party's Personnel or Equipment
Each Party shall be responsible for its own personnel and equipment and for injuries
or death to any such personnel or damage to any such equipment. Responding
personnel shall be deemed to be performing their regular duties for each respective
Sending Party for purposes of workers' compensation.
Worker's Compensation: Each Party will maintain workers' compensation insurance or
self-insurance coverage, covering its own personnel while they are providing Law
Enforcement Assistance pursuant to this Agreement. Each Party, and where
applicable its insurer, waives the right to sue any other Party for any workers'
compensation benefits paid to its own employee or volunteer or their dependants,
even if the injuries or death were caused wholly or partially by the negligence of any
other Party or its officers, employees or volunteers.
Damage to Equipment: Each Party shall be responsible for damages to or loss of its
own equipment. Each Party, and where applicable its insurer, waives the right to sue
any other Party for any damages to or loss of its equipment, even if the damages or
losses were caused wholly or partially by the negligence of any other Party or its
officers, employees or volunteers.
Hennepin County Chiefs of Police Association Mutual Aid Pact - 7 -
Liability for Injury or Death to Third Parties or Property Damage of Third Parties
For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes,
Chapter 466), the employees and officers of the Sending Party are deemed to be
employees, as defined in Minnesota Statutes, Section 466.01, subd. 6, of the
Requesting Party.
The Requesting Party agrees to defend and indemnify against any claims brought or
actions filed against a Sending Party or any officers, employees, or volunteers of a
Sending Party for injury or death to any third person or persons or damage to the
property of third persons arising out of the performance and provision of Law
Enforcement Assistance pursuant to the Agreement, using legal counsel reasonably
acceptable to the Sending Party.
Under no circumstances shall a Requesting Party be required to pay, on behalf of
itself and other Parties, any amount in excess of the limits of liability established in
Minnesota Statutes, Chapter 466, applicable to any one Party. The limits of liability for
the Parties may not be added together to determine the maximum amount of liability
for a Party pursuant to Minnesota Statutes, Section 471.59, subd. 1 a.
The purpose of creating this duty to defend and indemnify is to simplify the defense of
claims by eliminating conflicts among the Parties and to permit liability claims against
the Parties from a single occurrence to be defended by a single attorney. However,
the Sending party, at is option and its own expense, shall have the right to select its
own attorney or approve a joint attorney as appropriate, considering potential conflicts
of interest. Nothing in this Agreement is intended to constitute a waiver of any
immunities and privileges from liability available under federal law or the laws of
Minnesota.
If a court determines that the liability of a Party or Parties is not subject to the tort caps
and liability exceeds the tort cap maximum, a Party shall be subject to liability only for
the acts of its officers, employees and volunteers.
Hennepin County Chiefs of Police Association Mutual Aid Pact - 8 -
No Party to this Agreement nor any official, employee or volunteer of any Party shall
be liable to any other Party or to any other person for failure of any Party to furnish
Law Enforcement Assistance or for recalling Law Enforcement Assistance.
VI. EFFECTIVE DATE
This Agreement shall become effective and operative beginning at 12:01 A.M., local
time on January 1, 2015.
The Sheriff shall maintain a current list of the Parties to this Agreement and, whenever
there is a change, shall notify the designated Sending Officials. Notice may be sent to
the Sending Officials via email or through the United States Postal Service.
VII. WITHDRAWAL AND TERMINATION
A Party may withdraw from this Agreement by action of its governing body.
Withdrawal is effective after thirty (30) days' written notice is provided to the Sheriff.
The Sheriff shall thereupon give notice of such withdrawal, and the effective date
thereof to all other Parties. Parties that have withdrawn may rejoin by following the
procedure set forth in Section III of this Agreement. This Agreement will terminate
when the number of Parties to the Agreement falls below eleven (11). The Sheriff
shall notify the remaining parties that the Agreement has terminated.
IN WITNESS WHEREOF, the Parties, by action of their respective governing bodies,
caused this Agreement to be approved on the dates below.
(Each Party must attach a dated and signed signature page
consistent with that Party's method of executing contracts.)
Hennepin County Chiefs of Police Association Mutual Aid Pact - 9 -
REPORT PREPARED BY:
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW:
CITY MANAGER REVIEW:
ITEM FOR COUNCIL CONSIDERATION:
AGENDA SECTION: CONSENT CALENDAR
AGENDA ITEM # 6.H.
STAFF REPORT NO. 202
CITY COUNCIL MEETING
11/10/2014
Jay Henthorne, Public Safety Director
Jay Henthorne, Public Safety Director
N/A
Steven L. Devich
Consideration of the approval of the Continuing Agreement for 2015 with Hennepin County and City of
Richfield/Public Safety Department/Police for Police Cadet Funds and Joint Community Police
Partnership (JCPP) program Training Funds.
EXECUTIVE SUMMARY:
Hennepin County has presented an agreement on behalf of the 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 2014 agreement
and is for the period beginning January 1, 2015, and ending December 31, 2015. The cost of the agreement
will not exceed $20,000 for 2015.
RECOMMENDED ACTION:
By Motion: Approve the 2015 Agreement between the 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 2015 will be $20,000.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT:
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 Richfield Department of Public Safety will reconsider the hiring of a
Cadet when the redeveloped process has been completed.
B. POLICIES (resolutions, ordinances, regulations, statutes, exc):
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 Partnership program.
c. CRITICAL TIMING ISSUES:
• The agreement must be signed for the Joint Community Police Partnership program to continue and for funding
to be received.
D. FINANCIAL IMPACT:
• 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 2015
and therefore will not be utilizing the $15,000 budgeted by the County for a Cadet. It is anticipated that a process
will be in place for the hiring of a new Cadet by 2016.
E. LEGAL CONSIDERATION:
• There are no legal considerations.
ALTERNATIVE RECOMMENDATION(S):
. The Council could choose to not sign the contract which would make the agreement null and void with
the County and the department would have to discontinue the JCPP program.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D 2015 JCPP Attachment Contract/Agreement
Contract No: A] 42066
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 South, Richfield, Minnesota 55423 ("CONTRACTOR").
The parties agree as follows:
TERM AND COST OF THE AGREEMENT
CONTRACTOR agrees to furnish services to the COUNTY commencing January 1,
2015 and expiring December 31, 2015, unless cancelled or terminated earlier in
accordance with the Default and Cancellation/Termination provisions of this Agreement.
The total cost of this Agreement, including all reimbursable expenses, 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.
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
Form 101 (Revised 8/2013)
Contract No: A] 42066
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 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
CONTRACTOR agrees to defend, indemnify, and hold harmless the COUNTY, its
officials, officers, agents, volunteers and employees 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 CONTRACTOR, a
subcontractor, anyone directly or indirectly employed by them, and/or anyone for whose
acts and/or omissions they may be liable in the performance of the services required by
this Agreement, and against all loss by reason of the failure of CONTRACTOR to
perform any obligation under this Agreement. For clarification and not limitation, this
obligation to defend, indemnify and hold harmless includes but is not limited to any
liability, claims or actions resulting directly or indirectly from alleged infringement of
any copyright or any property right of another, the employment or alleged employment of
CONTRACTOR personnel, the unlawful disclosure and/or use of protected data, or other
noncompliance with the requirements of the Data Practices provisions set forth in Section
9 hereof.
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
Form 101 (Revised 8/2013) 2
Contract No: A] 42066
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. 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.
Pei -mission 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
Form 101 (Revised 8/2013)
Contract No: A] 42066
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. The express substantive
legal 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 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:
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:
Form 101 (Revised 8/2013) 4
Contract No: A] 42066
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
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 LAW GOVERNS.
Form 101 (Revised 8/2013)