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02-10-2004 AgendaCITY OF RICHFIELD, MINNESOTA REGULAR CITY COUNCIL MEETING TUESDAY, FEBRUARY 10, 2004 COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 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 minutes of (1) Special City Council Meeting of January 24, 2004; (2) Regular City Council Meeting of January 27, 2004; (3) Special City Council Meeting of January 31, 2004; (4) Special City Council Worksession of February 3, 2004; and (5) Special City Council Meeting of February 5, 2004 PRESENTATION 1. Presentation of Government Finance Officers Association Certificate of Achievement for Financial Reporting to Finance Manager Chris Regis Notes: COUNCIL DISCUSSION 2. Council discussion • Hats Off To Hometown Hits Notes: CITY MANAGER'S REPORT 3. City Manager's report Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution authorizing agreement for cooperative use of fire personnel and equipment as member of Hennepin County Chiefs Association S.R. No. 17 B. Consideration of approval of resolution supporting legislation allowing City of Richfield to provide ambulance service S.R. No. 18 C. Consideration of approval of continuation of agreement with City of Bloomington for City of Richfield 2004 public health services S.R. No. 19 D. Consideration of approval of purchase from Superior Ford for new squad car in amount of $22,092.36 S.R. No. 20 E. Consideration of approval of bid minutes/tabulation and authorize purchase from Pierce Manufacturing Inc. for fire pumper/quint to total amount of $375,025 S.R. No. 21 F. Consideration of approval of 2004 business license renewals: • Airport & Airline Taxi: 15 vehicles • Airport Bowl: on-sale 3.2 malt liquor • Azteca Van Lines, inc.: 2 vehicles • Davanni's Pizza: on-sale 3.2 malt liquor • EI Jalapeno: off-sale 3.2 malt liquor • Hope's Chow Mein: on-sale 3.2 malt liquor • Kwik Way Foods: off-sale 3.2 malt liquor • Lariat Lanes: on-sale 3.2 malt liquor • Oasis Market: off-sale 3.2 malt liquor • Paul's Rentals & Sale: trailers and trucks rental • RBF Corp. Of Wisconsin: off-sale 3.2 malt liquor • Richfield Mobil Mart: off-sale 3.2 malt liquor • Sandy's Tavern: on-sale 3.2 malt liquor & off-sale 3.2 malt liquor • SuperAmerica #4186: off-sale 3.2 malt liquor • SuperAmerica #4188: off-sale 3.2 malt liquor • SuperAmerica #4191: off-sale 3.2 malt liquor • SuperAmerica #4615: off-sale 3.2 malt liquor • Suburban Taxi Corporation: 44 vehicles • Yellow Taxi Service Corp.: 8 vehicles Notes: 6. Consideration of item(s), if any, removed from Consent Calendar Notes: PUBLIC HEARING 7. Public hearing and consideration of resolution giving preliminary approval to refinancing of Multifamily Housing Revenue Refunding Bonds, Series 1996, with Series 2004 Multifamily Housing Revenue Refunding Bonds; Village Shores Apartment Project Staff Report No. 22 Notes: OTHER BUSINESS 8. Consideration of new multi-animal residential kennel license for 6436 Portland Avenue Staff Report No. 23 Notes: 9. Consideration of appointments to City advisory commissions Staff Report No. 24 Notes: 10. 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 ifems not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 11.Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 9 REPORT # 2/~. STAFF REPORT CITY COUNCIL MEETING FEBRUARY 10, 2004 REPORT PREPARED BY: CHERYL KRUMHOLZ, ADMIN. ASST. REPORT PRESENTER: MARTIN J. KIRSCH, MAYOR Na,~, TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of appointments to City advisory commissions. I. RECOMMENDED ACTION: By motion: Appoint persons to fill the expiring or vacant terms on the City advisory commissions. III. BACKGROUND Several terms of City commission members expired on January 31, 2004. In addition, there are mid-term vacancies due to resignations that need to be filled. Vacancies were advertised in the Richfield Sun-Current, on cable television channel 16, outside message board at City Hall and Water Plant and the City's Website. Due to a low response to the annual recruitment conducted in December, the City CounciF extended the deadline for applications to January 30, 2004. Appointments to the Civil Service Commission and Arts Commission were made on January 27, 2004. III. BASIS OF RECOMMENDATION A. POLICY • The City advisory commissions were established by City ordinance or resolution. Terms are for three-years and are staggered. Several terms expire on January 31 annually. The Council directs the City Manager's 0210commissions office to conduct a recruitment seeking applicants to fill the vacancies. Interviews of the applicants are conducted at Special City Council meetings. These Council meetings were posted in accordance with the open meeting law requirements. B. CRITICAL ISSUES • Applicants were interviewed at Special City Council meetings on January 12 and February 4, 2004. • Terms of several commission members expired on January 31, 2004. • There are mid-term vacancies which need to be filled. • In order to ensure quorums for future meetings, appointments should be made on February 10, 2004. IV. ALTERNATIVE RECOMMENDATION~S~ • Defer appointments to a later Council meeting. • If appointments are not made at the February 10 meeting, quorums may not be present at future meetings. V. ATTACHMENTS • Commission vacancy list VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. v 0 N O N O W V Z Q U Z ~_ U COO1`titi InO~~ti ~~~1` tititi l1')I`I`I` 00000 00000 0000 000 0000 O O O O O O O O O O O O O O O O O O O O O NNNN N N N N N N N N N N N N N N N N N r~~~~ ~~~c-~ ~~-c-c- ~~~ ~-c-~~ M M M M M M M M M M M M M M M M M M M M M ~ f~ f6 (~ (6 (6 (~ (~ (iS (B (tf t6 (a (0 (~ fa (6 (6 (~ f0 (C Ri C C C C C C C C C C C C C C C C C C C C C (~ t~ (6 (6 (a Rf (6 (6 f~ f6 (6 (tf (if (a (6 (0 (a f6 (B (a f~ N ~U t6 U f6 X N C N N ~U C (~ U f~ M 2 H w~~ _ ~-+ .,.. LL •Q•Q Q c c O~~ m "" O 0 a N N ~U C CIi U t6 '~ N L .Q X N C N ~U C R5 U f0 M Z 0 pEE U L L ~ ~AA`` V ~ L Q Q ~ N N w~~ } ~~ z O U A U c f~ U (a .Q X N C r iii N ~U C t6 U (a d' Z O^ ,~,^ ~ V/ ~ C O •Q Ux ~~ _" c~ z 2 N ~U C ca U c~ M Z O N _N O v z z z J a U C (~ U RS .Q X N C ~U C (0 U f~ M Z O v~ C_~~ CC C O V X H c v~ a~ N z _W N 0 v 0 0 N O N N ~ ~ L_ X X W W ~ ~ H ~ Q.. L }- .~ .~ .U Z C O (6 U ~ > N I ~ Z O O V ~ ~ v~ z ~ O_ ~ ~ O ~ V m cn w H J ~ W Q U AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # $ REPORT # 23 ~J STAFF REPORT CITY COUNCIL MEETING FEBRUARY 10, 2004 REPORT PREPARED BY: BETSY ®SBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ \, a s SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of the request for a new multi=animal residential kennel license for Stephen M. Lewis, 6436 Portland Avenue South. RECOMMENDED ACTION: By Motion: Approve or deny a request for a new multi-animal residential kennel license for Stephen M. Lewis, 6436 Portland Avenue .South. II. BACKGROUND Environmental Health staff received a complaint call in April regarding the number of animals and barking dogs at this location. A Community Service Officer left a note informing the owner that if he had more then two dogs, he needed to apply for a multi-animal residential kennel license. At that time, staff was not aware of the number of animals that the resident had. The owner stated that he only had two dogs and that occasionally he brings in other dogs for breeding purposes. The owner was advised that this is not allowed in a residential area. He agreed to take his dogs out for breeding purposes. He stated that occasionally he will have puppies on his property, but will not keep them over six months. The Environmental Health staff informed the owner that he cannot have a total of more then six animals on his property. 0210 Lewis MultiAnimal Residential Kennel On September 16, 2003, Stephen Lewis submitted an application for a new multi- animal residential kennel license. A Community Service Officer conducted an inspection of the property at that time and noted that there were no apparent problems with the residence. The Community Service Officer noted that Mr. Lewis only had two dogs at that time.. Mr. Lewis was informed that he has to have three dogs in order to apply for amulti-animal residential kennel license.: He stated that he would be taking in his son's dog. Mr. Lewis was advised that when he takes in his son's dog, he could then apply for the multi-animal kennel license.. On November 25, 2003, Mr. Lewis obtained an animal license for the third dog and staff proceeded with the processing of the multi-animal kennel license. Mr. Lewis' application does not contain the signatures of three contiguous property owners. He received signatures from two contiguous property owners. The third contiguous property owner is in a nursing home, and Mr. Lewis was not able to get her signature. The Environmental Health staff received two complaints this past year regarding dogs barking, the number of animals allowed at this location, and the animals not being licensed. Richfield police received one call this past year for a disturbance where they assisted and advised. III. BASIS OF RECOMMENDATION A. POLICY • The City adopted a policy that staff notifies neighbors surrounding the area of the multi-animal residential .kennel license application. The Environmental Health staff received three letters from residents that are opposed to this multi-animal residential license. The residents are opposed due to the dogs barking (letters attached). B. CRITICAL ISSUES • Applicant received signatures from two contiguous property owners. The third contiguous property owner is in a nursing home. One of the contiguous property owners signed the petition, however, also sent a letter stating his concerns regarding barking, odors, and animals-at-large (see attached). • Applicant must renew animal licenses that expired on January 16, 2004 for two of the three dogs before staff can issue the kennel license. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • Staff is not making a specific recommendation to either approve or deny the request for amulti-animal residential kennel license. V. ATTACHMENTS • Three letters from neighbors opposing the license. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Stephen M. Lewis AGENDA SECTION: ~jJg,LIC HEARING AGENDA ITEM # ~ REPORT # 22 STAFF REPORT CITY COUNCIL MEETING FEBRUARY 10, 2004 REPORT PREPARED BY: COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER ]NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Public hearing and consideration of the attached preliminary resolution with regards to the refinancing of Multifamily Housing Revenue Refunding Bonds, Series 1996, with Series 2004 Multifamily Housing Revenue Refunding Bonds. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the attached resolution. giving preliminary approval to the refinancing of Multifamily Housing Revenue Refunding Bonds, Series 1996, with Series 2004 Multifamily Housing Revenue Refunding Bonds pursuant to Minnesota Statutes 462C. II. BACKGROUND • On August 1, 1996, the City of Richfield (the "City"), issued its Multifamily Housing Revenue Refunding Bonds (Village Shore Project), Series 1996 (the "Series 1996 Bonds"), in the principal amount of $8,010,000, to refinance Village Shores Apartments, a 166-unit multifamily housing development 0210villageShores owned by Market Plaza Housing Limited Partnership, a Minnesota limited partnership (the "Borrower"). • The Series 1996 Bonds were issued pursuant to the terms of an Indenture of Trust dated August 1, 1996, between the City and U.S. Bank N.A. as trustee. • The proceeds derived from the sale of the Series 1996 Bonds were loaned to the Borrower pursuant to the terms of a Loan Agreement, dated as of August 1, 1996 between the City and the Borrower. • The Borrower is requesting that the City issue a series of refunding obligations (the "Series 2004 Bonds") the proceeds of which are to be loaned to the Borrower and applied to the redemption and prepayment of the Series 1996 Bonds. • As a condition to the consideration of the issuance of such Series 2004 Bonds, the City requires that the Borrower submit an Application For Tax- Exempt Bond Financing to the City with respect to the proposed Refunding Bonds. III. BASIS OF RECOMMENDATION A. POLICY • Under the Minnesota Statutes, Chapter 462C the City of Richfield has authority to issue revenue bonds. • The Borrower has submitted an Application For Tax Exempt Bond Financing to the City with respect to the proposed Refunding Bonds. B. CRITICAL ISSUES • The issuance of these bonds will not count against the City's annual allotment of Bank Qualified Debt. C. FINANCIAL • The amount of the refunding bonds would be $7,610,000. • The bonds will be issued in the City's name, but will not be a charge against the City's general credit or taxing powers. The City will act as a conduit for the financing of the project. It does not create any financial Liability to the City. • The City is to be reimbursed and held harmless for and from any out-of-pocket expenses related to the tax exempt financing, including, but not limited to, legal fees, financial analyst fees, bond counsel fees, staff costs, and any deposits or application fees required under state law in order to secure allocation of bonding authority. • .The applicant will be charged an annual administrative fee in the amount of 1/8th of 1% (.125%) of the outstanding principal balance of the bonds. The amount received for 2004 would be approximately $9,512. 0210villageShores D. LEGAL • Kennedy & Graven will serve as bond counsel for the issue. • A public hearing is required as part of the issuance of private activity revenue bond financing. • Notice of public hearing was published January 22, 2004 in the Sun Newspapers. Time and date of the public hearing is 6:30 p.m. on February 10, 2004. IV. ALTERNATIVE RECOMMENDATION~S~ • Forgo approving the attached resolution and not proceed with the issuance of the private activity revenue bonds. V. ATTACHMENTS • Resolution. • Application For Tax-Exempt Bond Financing. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • John Utley, Kennedy & Graven, Chartered 0210villageShores RESOLUTION NO. GIVING PRELIMINARY APPROVAL TO THE PROPOSED ISSUANCE OF MULTIFAMILY HOUSING VARIABLE RATE REVENUE REFUNDING BONDS (VILLAGE SHORES APARTMENTS PROJECT), SERIES 2004, IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $7,610,000, UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED BE IT RESOLVED by the City Council of the City of Richfield (the "City") as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance or refinance multifamily housing developments located within the City. 1.02. Pursuant to the terms of the Act, the City previously issued its Multifamily Housing Revenue Bonds, Series 1985 (Market Plaza Housing Project), in the original principal amount of $8,250,000 (the "Series 1985 Bonds"). The proceeds derived from the sale of the Series 1985 Bonds were loaned to Market Plaza Housing Limited Partnership, a Minnesota limited partnership (the "Owner"), and applied to finance acquisition, construction, and equipping of a 166-unit multifamily rental housing development known as Village Shores Apartments and located at 6501 Woodlake Drive in the City (the "Project"). 1.03. Pursuant to the terms of the Act, on August 1, 1996, the City issued its Multifamily Housing Revenue Refunding Bonds, Series 1996 (Village Shores Project), in the original aggregate principal amount of $8,010,000 (the "Series 1996 Bonds"). The proceeds derived from the sale of the Series 1996 Bonds were loaned to the Owner and applied to the redemption and prepayment of the Series 1985 Bonds. 1.04. The Owner has requested that the City: (a) issue its Multifamily Housing Variable Rate Revenue Refunding Bonds (Village Shores Project), Series 2004 (the "Bonds"), in the approximate original aggregate principal amount of $7,610,000, pursuant to the terms of a Trust Indenture, to be dated on or after March 1, 2004 (the "Indenture"), between the City and U.S. Bank National Association, as trustee (the "Trustee"); and (b) loan the proceeds derived from the sale of the Bonds to the Owner pursuant to the terms of a Financing Agreement, to be dated on or after March 1, 2004 (the "Financing Agreement"), between the City, the Owner, and the Trustee. The proceeds of the Bonds are to be applied to the redemption and prepayment of the Series 1996 Bonds. 1.05. Under applicable provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the "Code"), as a condition to the issuance of the Bonds as obligations the interest on which is not includable in gross income for federal income tax purposes, it is necessary that the City conduct a public hearing with respect to 'the issuance of the Bonds and the refinancing of the Project. The public hearing must be preceded by the publication of a notice of the public hearing in a newspaper of general circulation in the City at least fourteen (14) days prior to the date of the public hearing. 1.06. Prior to consideration of this resolution, the City Council of the City conducted a public hearing with respect to the proposal to issue the Bonds and to refinance the Project for the benefit of the Owner. A notice of the public hearing was published in a newspaper of general circulation in the City at least fourteen (14) days prior to the date of the public hearing in accordance with the requirements of Section 147(f) of the Code. Section 2. PreliminarYAnproval Granted. 2.01. The issuance of the Bonds to redeem and prepay the Series 1996 Bonds is hereby granted preliminary approval subject to the mutual agreement of the City, the Owner, and Piper Jaffray & Co., as the original purchaser of the Bonds (the "Original Purchaser"), as to the details of the Bonds and provisions for their payment. In all events, it is understood, however, that the Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City except the City's interest in the Financing Agreement, and the Bonds, when, as, and if issued, shall recite in substance that the Bonds, including interest thereon, are payable solely from the revenues derived from the Project and other revenues, property, or other security pledged to the payment thereof pursuant to the terms of the Indenture, and shall not constitute a general or moral obligation of the City. 2.02. The law firm of Kennedy & Graven, Chartered is authorized to act as bond counsel and to assist in the preparation and review of necessary documents relating to the Project and Bonds issued in connection therewith. The Mayor, City Manager, and other officers, employees, and agents of the City are hereby authorized to assist bond counsel in the preparation of such documents. 2.03. The Owner has, agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project. The Owner has also agreed to pay the administrative fee of the City in the event the Bonds are issued. 2.04. All commitments of the City expressed herein are subject to the condition that by September 1, 2004, the City, the Owner, and the Original Purchaser will have agreed to mutually acceptable terms and conditions of the Financing Agreement, the Indenture, the Bonds, and of the other instruments and proceedings relating to the Bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time, this Resolution will expire and be of no further effect. 2.05. The adoption of this Resolution does not constitute a guaranty or firm commitment that the City will issue the Bonds as requested by the Owner. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds, or issue the Bonds in an amount less that the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not. to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to in paragraph 1.04 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. Section 3. Effective Date. This Resolution shall be in full force and effect from and after its adoption. Adopted by the City Council of the City of Richfield, Minnesota, this 10th day of February, 2004. CITY OF RICHFIELD, MINNESOTA By Martin J. Kirsch, Mayor Attest: By Nancy Gibbs, City Clerk 2 APPLICATION FOR TAX-EXEMPT BOND FINANCING (Multi-Family Housing) DATE OF APPLICATION: January 12 , 2004 (This application should be submitted on or before January 16, 2004.) APPLICANT: Mazket Plaza Housing Limited Partnership Provide here or on a separate page a brief description of the organizational structure of Applicant, including the general partner(s), limited partner(s), member(s), and shareholder(s) of the Applicant and of any entity that is a partner, member, or shareholder of the Applicant. Market Plaza Housing Limited Partnership is a Minnesota Limited Patnership. The General Partner is E.J. Plesko & Associates, Inc. The Limited Partners aze David Husman, E.J. Plesko and Michael Gould. CONTACT PERSON: Tim Trimble SilverCrest Properties, LLC 3601 Park Center Boulevard, Suite 210 St. Louis Park, MN 55416 952-922-9547 Fax: 952-922-9520 Email: ttrimble@visi.com Provide here the name, address, telephone number, fax number, and email address of the contact person for the Applicant. COUNSEL TO THE APPLICANT: Jim Christoffel Christoffel & Elliott, PA 1111 US Bancorp Piper Jaffray Plaza 444 Cedar Street St. Paul, Minnesota 55101-2129 651-224-0244 Fax: 651-224-0550 Email: jchristoffel@christoffellaw.com PROJECT: Village Shores Apartments 6501 Woodlake Drive Richfield, Minnesota If the preceding description of the Project and its address is incorrect, provide here a corrected description. PROJECT INFORMATION: Correct and/or complete the following Project description. The Project is a multifamily housing development designed for elderly persons and contains 166 dwelling units. There are seventy (70) one-bedroom units containing between 674 and 815 square feet of space. There are forty (40) one-bedroom-with-den units containing between 898 and 988 squaze feet of space. There are fifty-six (56) two-bedroom units containing between 1,112 and 1,252 squaze feet of space. The 2004 monthly rentals for the ono-bedroom units are $ 957 to $ 1,115 The 2004 monthly rentals for the one-bedroom-with-den units are $ 1,168 to $ 1,301 The 2004 monthly rentals for the two-bedroom units are $ 1,434 to $ 1,488 The monthly rent includes heat. Each unit contains a full bath and kitchen. Underground heated pazking is available. The Project includes a craft room, library, and billiards room. Other services include 24hour front desk,security cameras, emergency call system, scheduled transportation, activity area, and organized senior activities. The Project is managed by SilverCrest Properties, LLC., a Minnesota Limited Liability Company. The historical occupancy rates are as follows: 97.5 % in 2003; 98.6 % in 2002; and 98.1 % in 2001. SOURCES AND USES OF FUNDS: Sources of Funds Proceeds of Series 2004 Bonds Transferred Proceeds Applicant Funds Total $ 7,610,000 327,750 117,441 $ 8,055,191 Uses of Funds Refunding of Series 1996 Bonds Costs of Issuance Total $ 7,610,000 445,191 $ 8,055,191 ADDITIONAL INFORMATION: Any additional relevant information regarding the Project or the Series 2004 Bonds should be set out below or on an attached page. The current bonds are unrated. The refmancing will have a Freddie Mac commitment to enhance the bonds to provide AAA rating. 2 The undersigned certifies, on behalf of the Applicant, that the information provided in this Application contains no misrepresentations, omissions or concealments of material facts and that the information given is true and complete to the knowledge of the undersigned. 'Ihe Applicant has been furnished a copy of the Procedure for Application to the City of Richfield for Private Activity Revenue Bond Financing and is aware of its content and agree to be bound by its terms and the terms of the indemnification letter. MARKET PLAZA HOUSING LIlVIITED PARTNERSHIP /~ V Its U ~ Dated: ~ ! l L/~ AGENDA SECTION: CONSEPiT AGENDA ITEM # ~E REPORT # 2 D. STAFF REPORT CITY COUNCIL MEETING ~?~~ FEBRUARY 10, 2004 REPORT PREPARED BY: ASSISTANT FIRE CHIEF BRAD SVEUM NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ~~~ /~ ` IGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a purchase of a fire pumper from Pierce Manufacturing Inc. RECOMMENDED ACTION: By Motion: Approve the bid minutes/tabulation and authorize the purchase of a fire pumper/quint from Pierce Manufacturing Inc. in the sum of $370,000 plus $5,025 in additional options for a total bid of $375,025 and authorize execution of an agreement for trade-in of the existing fire pumper as part of the purchase of new equipment. III. BACKGROUND ~ Unit #3786 is a 1985 fire pumper/quint in very poor condition and has failed its certification testing. Several vendors were contacted regarding repair of this vehicle and repair was found cost prohibitive. It was scheduled for replacement in 2005. The 2004 budget included $380,000 for the replacement of this vehicle. $183,500 will come from the fire vehicle reserve fund. $191,525 will come from the sale of equipment certificates. The purchase price of the recommended vehicle is less than the budgeted amount. 0210firepumper III. BASIS OF RECOMMENDATION - A. POLICY • Pierce Manufacturing Inc. was the lowest responsible bidder and is an established contractor that meets all requirements. B. CRITICAL ISSUES • As stated above, the existing apparatus did not pass certification and was scheduled for replacement in 2005. C. FINANCIAL • 2004 budget authorized sale of equipment certificates in the amount of $191,525. The remaining balance of $183,500 will come from the fire vehicle reserve fund. D. LEGAL • The bid opening held on January 14, 2004 was in accordance with legal requirements • Ferrara Fire Apparatus was the low bidder but did not comply with the bid specifications. • The next lowest bidder that complied with the bid specifications was Pierce Manufacturing Inc. IV. ALTERNATIVE RECOIVIMENDATION(S~ • Council may reject all bids and instruct staff to re-advertise, however, it is the opinion of staff that the bid submitted by Pierce Manufacturing Inc. is reasonable and responsible. • Council could accept a bid received from another vendor. Again however, it is the opinion of staff that the bid submitted by Pierce Manufacturing is reasonable and responsible. V. ATTACHMENTS • Bid minutes and tabulation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. CITY OF RICHFIELD, MINNESOTA Bid Opening January 14, 2004 11:00 a. m. Purchase of one Fire/Pumper 75' Quint Bid No. 04-01 Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud, bids for the purchase of one Fire/Pumper 75' Quint, as advertised in the official newspaper on December 25, 2003. Present: Nancy Gibbs, City Clerk Cheryl Krumholz, City Manager Representative Brad Sveum, Assistant Fire Chief/Fire Marshal The following bids were submitted and read aloud: A B A-B= Vendor Bond Affadavit Base Bid .Trade-In Net Non-Collusion Option Smeal Fire Apparatus, Co. Provided Provided $383,000 $383,000 Snyder, NE Ferrara Fire Apparatus, Inc. Provided Provided $389,726 (-$25,000) $364,726 Holden, LA 2nd Bid $429,750 (Spartan Cab & 1500 GPM Pump) Clarey's Safety Equipment Provided Provided $395,000 (-$25,000) $370,000 (Pierce Manufacturing Inc.) Rochester, MN E-One Inc. Provided Provided $397,000 (-$20,000) $377,000 Lino Lakes, MN KME Fire Apparatus Provided Provided $438,943 (-$6,000) $432,943 Nesquehoning, PA The City Clerk announced that the bids would be tabulated and considered at the February 10, 2004 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 5D REPORT # 20 STAFF REPORT CITY COUNCIL MEETING FEBRUARY 10, 2004 REPORT PREPARED BY: ~~ HALL, GARAGE AND PARK MAINTENANCE SUPERVISOR NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: / / `'~ S7CNATURE REVIEWED BY CITY MANAGER: ~/J//~~- ITEM FOR COUNCIL CONSIDERATION: Consideration of the purchase of a new squad car. I. RECOMMENDED ACTION: By Motion: Approve the purchase order to Superior Ford in the sum of $22,092.36 fora new squad car. II. BACKGROUND One full size sedan (Unit 2120) being used by the Public Safety Department is scheduled to be replaced in 2004. Unit 2120 was purchased in 2001 and currently in use as a sergeant's car. This squad is part of our three-year rotation, which has proved to be acost-effective measure. Purchase of the new vehicle, a Crown Victoria, has been coordinated through .the State of Minnesota Cooperative Purchasing Program. City staff has checked with other cities and found that they also purchase Crown Victoria's from the State contract. III. BASIS OF RECOMMENDATION A. .POLICY 021004 Squad • Superior Ford, Inc. has the state contract on the Minnesota State patrol cars: • The City of Richfield participates in the Minnesota State Cooperative Purchase Program. B. CRITICAL ISSUES • Approval at the February 10, 2004 Council meeting will facilitate delivery of the new squad car. C. FINANCIAL • The approved 2004 budget contains $26,000 for this purchase. • Actual cost of the squad is $20,744 plus Minnesota sales tax of $1348.36. Sales tax must be paid on an unmarked squad car. • Upon delivery of the vehicle, charges for transfer of police equipment such as radios and hidden lights. will be deducted from the remaining funds budgeted for this purchase: • Funding for this vehicle will be equipment certificates issued in 2004. D. LEGAL • When the purchase of materials, merchandise, equipment or construction exceeds $25,000, authority to purchase shall be submitted to the City Council for consideration. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may delay approval to a later meeting. Delayed approval, however, will result in delayed delivery. • No action by Council on this purchase will eventually compromise safety for police officers driving old squad cars. V. ATTACHMENTS • None VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGENDA SECTION: CONSENT AGENDA ITEM # SC REPORT # 19 J STAFF REPORT CITY COUNCIL MEETING FEBRUARY 10, 2004 REPORT PREPARED BY: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~~ ~~ SIGNATURE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Approval of the continuation of the agreement with the City of Bloomington for the provision of ublic health services. for the Cit of Richfield for the ear 2004. I. RECOMMENDED ACTION: By IVlotion: Approve the continuation of the agreement with the City of Bloomington for the provision of public health services for the City of Richfield for the vear 2004. IL BACKGROUND In 1977, the State of Minnesota enacted the Community Health Services Act, which transferred the responsibility for the administration of public health programs to local jurisdictions. The state also provided funds for the program and encouraged local jurisdictions to increase the efficiency of their programs by grouping together. Richfield and Edina entered into a joint powers agreement with Bloomington, and the program has been administered under that agreement since that time. The contract amount for providing public health nursing. services in 2004 reflects a 12% decrease over the 2003 contract amount. This is largely as a result of the loss in some state funding and has resulted in Bloomington Public Health trimming back in some areas of the contract, most of which are administrative in nature and don't 0210 Bloomington2004HealthContract necessarily reflect a decrease in services to the public. The contract for 2004 is for $162,747 which is a 12% decrease in the 2003 contract amount of $184,984. Several changes were made to the Community Health Services Act at the state level this past legislative session to make reporting and accountability recordkeeping more efficient. Those changes also "regrouped" a large number of funding sources into one, which gives more personalization of the funds for the best specific use of dollars within the community. It is now referred to as the Local Public Health Subsidy. The Richfield Advisory Board of Health recently completed an .assessment process in which the needs of the community were assessed in the areas of public health issues and will be provided to the state during February of 2004. III. BASIS OF RECOMMENDATION A. POLICY. • The City of Bloomington has sufficient resources to provide a professional level of public health services to Richfield residents. Annual evaluations of their services has shown that they are providing effective services in a very cost-efficient manner and that Richfield residents receiving their services are very satisfied. A copy of their recent annual report is attached for review of the numbers and types of services they are providing to Richfield residents. B. CRITICAL ISSUES • None C. FINANCIAL • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION~S~ • The Council could decide to have Richfield provide its own public health nursing services. The cost of hiring the nursing staff necessary to provide the same level of services and administrative support would be more than our current expenditures, and would require a budget increase. • The Council could decide to compensate the City of Bloomington at a lower rate, which would require designated reductions in services or programs. V. ATTACHMENTS • 2004 Bloomington Health contract • Bloomington Public Health Annual Report VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD TO PROVIDE COMMUNITY HEALTH SERVICES THIS AGREEMENT, made and entered into this 10th day of February, 2004 by and between the City of Bloomington, a Minnesota municipal corporation., in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield"). WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides community health services, including, but not limited to home health services, well adult clinics, health education, school health services, health promotion services, prevention and control, and program administration; and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing community health services such as health education, communicable disease programs, nursing services, health assessment, counseling, teaching, and evaluation in the community, home and clinic setting at a nominal fee to those making use of such services, and to contract with Bloomington for Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; and WHEREAS, the governing bodies of Bloomington and Richfield are authorized by Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes, Section 471.59, Subdivision 10, to provide community health services and to enter into agreements with each other for the providing by Bloomington of community health services to residents of Richfield. NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with community health services (hereinafter called "Health Services"), which includes home health, family health, disease prevention and control, and health promotion. 2. Bloomington agrees to provide community health services to the residents of Richfield utilizing the same quality and kind of personnel, equipment and facilities as health services are provided and rendered to residents of Bloomington. 3. Bloomington shall provide the health services pursuant hereto on a confidential basis, using capable, trained professionals. 4. All Health Services to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, provided, however, that (i) no policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity of Health Services to be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving Health Services from Bloomington, whether residents of Richfield, Bloomington, or any other municipality. Richfield agrees to adopt the same policies, rules, and procedures as are from time to time adopted by Bloomington, if determined by Richfield to be necessary or desirable to facilitate or regulate the. provision of Health Services by Bloomington to residents of Richfield pursuant hereto. 5. Richfield agrees to pay Bloomington, for the provision of Health Services pursuant hereto, amounts and on terms as follows: a. The annual sum of $162,747 shall be paid in quarterly payments of $40,686.75 to Bloomington within fifteen (15) days of the receipt by Richfield of each of the reports to be given pursuant to Paragraph 5.B hereof, subject, however, to the provisions of Paragraph 5.C hereof. b. On April 15, July 15, and October 15, 2004 and on January 15, 2005, Bloomington shall send Richfield a statement, certified by the person in charge of Bloomington's Division of Public Health as being true and correct, and covering the period of three (3) calendar months preceding the month in which the report is given, and setting forth, in such detail as Richfield shall reasonably require, the numbers of persons served, the kinds of Health Services delivered, the locations where such services were delivered, and such other information as Richfield shall reasonably request. c. No payment or payments need be made by Richfield under this Agreement while Bloomington is in default under any of the terms and conditions hereof. 6. In the event Richfield desires to inspect the financial books and records of Bloomington related to the providing of Health Services hereunder by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield, or any agent, employee, or representative of Richfield, at reasonable business hours. 7. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render Health Services under this Agreement; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. 8. Bloomington's Division of Public Health will communicate with Richfield relative to Health Services to be performed hereunder by Bloomington, such communication to be in the form of reports, conferences, or consultations, as the respective Richfield departments shall request. All reports relating to the providing of Health Services that are given by Bloomington's Division of Public Health to the Bloomington City Council or to the City Manager during the term of this Agreement shall also, and at the same time, be given to Richfield. 9. Bloomington also agrees to send to Richfield an annual report describing the activities performed and Health Services rendered pursuant to this Agreement. Such report shall be in such detail and form as Richfield may reasonably request. The annual report shall be sent with and in addition to the last quarterly report acquired by Paragraph 5.B hereof. Also, at Richfield's request, made not more than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington°s Division of Public Health shall attend meetings of the Richfield City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and Health Services rendered under this Agreement. 10. Bloomington hereby agrees to maintain in force its present policy of comprehensive general liability insurance in compliance with Minnesota Statutes, Section 466, and professional liability coverage in the amount of one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) in aggregate for the term of this contract. Said policy shall be with an insurance company authorized to do business in Minnesota. If requested, the City of Bloomington will provide a certificate of insurance evidencing such coverage. 11. Bloomington shall further require personal medical malpractice insurance coverage by its physicians and other health professionals with whom Bloomington has a contract for professional services. 12. This Agreement shall be for a period of from January 1, 2004, to December 31, 2004, provided that either party may terminate the same by one hundred twenty (120) days written notice to the other. Upon such termination, all obligations and liabilities of the parties hereunder shall cease and terminate, except the provisions of Paragraph 12 hereof shall continue and survive such termination. Also, in the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Bloomington shall send to Richfield, within thirty (30) days after such termination, a report in the form of, and in lieu of, the annual report required by Paragraph 9 hereto, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of both such reports. 13. Bloomington and Richfield understand and agree that each of them shall apply and qualify, independently and separately, for any and all grants, matching funds, and payment of all kinds from state, federal, and other governmental bodies relating to, or for the provision of, any or all of the Health Services, and any and all such grants, matching funds, and payments shall belong to the recipient and be used and applied as the recipient thereof shall determine, without regard to this Agreement. 14. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to an officer of the party to which notice is being given,. or when deposited. in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: To Bloomington: 1800 West Old Shakopee Road Bloomington, Minnesota 55431 Attention: City Manager To Richfield: 6700 Portland Avenue South Richfield, Minnesota 55423 Attention: City Manager Such addresses may be changed by either party upon notice to the other party given as herein provided. 15. The parties agree to comply with the following laws and regulations: a. Richfield agrees to comply with the Americans With Disabilities Act and agrees to hold harmless and indemnify the City of Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Bloomington. The City of Bloomington does-not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), 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. For information contact the Human Services Division, City of Bloomington, 1800 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952) 563-8740. b. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. 16. Non-Assignment. This Agreement shall not be assignable except at the written consent of Bloomington. 17. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington 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. 18. Richfield will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. 19. Both parties shall defend, indemnify, and hold harmless the other party, its officials, employees, volunteers and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from either party's (including its officials, employees, volunteers or agents) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused by any negligent act or omission or willful misconduct of either party including its officials, agents, volunteers or employees. Liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. 20. Bloomington and Richfield agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either. party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their corporate seal to be affixed hereto the day and year first above written. CITY OF BLOOMINGTON: Dated: By: Its Mayor Dated: By: .Its Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD: Dated: By: Its Mayor Dated: By: Its Manager 2002 ANNUAL REPORT BLOOI"vtINGTON PUBLIC HEALTH BLOON~INGTON PUBLIC HEALTH • `2002 ANNUAL RSPORT r ~ i MISSION ! ~ To promote, protect, and care for the health I f ~~ ` ~ of our community. ~~ I - ,~ , ~ ~ ~, ,Y y ~ ~ 1 KEY AREAS ~ ~ j~ ~,~~~` ~~ ~ c Family Health I ~ ~ ~ Health Promotion & Planning: I ~ ~, -5 ~~ Home Health Care ' C ~ :i .. ""' Clinics/Disease Prevention &.Control t "~ : } ,, ~o~~~ GOALS ~ ""r To empower'people to lead healthy lives. I To build an environment free of preventable problems. } ~`'~ To ensure access to appropriate health care at a j reasonable cost. HISTORY 1925: Public health nursing services provided by rural Hennepin County, Glen Lake Sanatorium, and the American Red-Cross. 1948:... Nursing services jointly financed by the village of Bloomington and the Board of Education; fieldservices provided by one public health nurse. 1956: _To serve the growing population, public health nursing services expanded to four nurses. Public health nurses continued school nursing responsibilities for parochial, public, and kindergarten schools. 1960: Nursing services agreement between the School Board and Pillage expired. Village Council established its own community-based public health department, separate from school . nursing services. -1977: Edina and'Richfield contracted for public health services through Bloomington Public Health. 2002: As a result of the Federal Homeland SecurityAct, a new area of public health services emerged at Bloomington Public Health: Emergency Preparedness. ADVISORY BOARD OF HEALTH Each-..city has a local Advisory Board of Health/Community Health Committee responsible for advisrig their City Council on significant health issues, ,? ADMINISTRATIVE REPORT Public health services: can be summed up in a sentence: We help`individuals,'families, and communities stay healthy: through. direct care, education, and advocacy. This de fini[ion covers the main elements o f public health: direct care through home visits. by nurses and aides,: disease `prevention and control via on- and o f f site clinic services, and health promotion by means o f community. , education and advocacy. However, even when the - explanation is expanded,. public health remains an enigma to many. The reason? Most individuals have little contact with public health services, so it's difficult to imagine what it might be like to have a nurse come into your home the first time....or the tenth. lt's hard to_imagine needing help with such basic tasks as bathing, or washing-your own dishes, or opening your mail. It's hard to imagine feeling overwhelmed and a language barrier makes. it even harder to explain or ask for. assistance. Yet these are the situations public health staff and dients are faced .with every day. Our profession brings us into homes, schools, day care centers,: and'businesses. Our heahh services and programsbring many to our doors; into situations that are intensely personal, sometimes uncomfortable, but at most times, rewarding. These are the doors o f public health: sometimes plain, sometimes, fancy, but always interesting. The fallowing pages in this report represent the many doors staff and clients went through in 2002. It's my hope that by seeing the. faces and settings, you'll get a better. understanding o f who we are, what we do, and the people we serve. Our doors are open...come take a look. Making a difference in the health of Bloomington, Edina, and Richfield residents requires the combination of a wide range of ,'~.1AKING 'A L?1FFLIZ~,NC E services, plus the efforts of public health nurses, health promotion specialise, nutritionisu, home health aides, support. staff, planning .and communication professionals,. administration, and community partnerships. 3 Karen Zeleznak; Administrator Bloomington Public Health i y 2002 DOORS i EA~'v11LYFiEALTH HEALTk-{PRO~'v1C~TION/PLANNING i Kathleen, a Public Health Nurse, visits Drew, Youth Health"Promotion Specialist, worked'with j Krystal and son'Galeb. Kathleen checks on baby's growth Rev. Tania Hai-6er to bring about the Congregational and development, as well as answer questions or Substance Abuse Team Ministry at St. Luke's Lutheran concerns Krystal may have. Church in Bloomington. E ,1 ~.: ~,r~;h ~ .ii. '~ } 4 ~ , ~, i rl~ 3' i r ~i i ~~ 1 ~~ ~ ~~ ~~ ~ ~ x`: ~ .. ,~ ;~ ~ a:, ~_ s ~~ ~. :~~ .. Y. CLINIUDISEASE f'RE~'ENTION 1101vtE HEALTH Andrea, a public health nurse, chats with Megan as she Sarah, public health nurse, visiu Cheryl who had checks her blood pressure, her legamputated due to complications from diabetes. -Public health clinics provide many services: Sarah visits twice a'month`to check on Cheryl's health, .immunizations, WIC, breast & cervical exams, safety, and to monitor medications. A home health aide visits family planning and STD, health riskassessment, and twice a week to assist Cheryl-with personal cares and tuberculosis screening. household xasks. ~} FAMILY I-I LALTH HELPS FA~'~~11LLES STAI' S.*~FE r1Ni~ HEALTHY DY PR~~VIL~ING SERA/ICES`AT SCH~OL~, D:11' <:.AR~ CE.NTL-RS, ANL~ AT H7:~1E. FAMILY HEALTH PROGRAMS ~:- i ~ ` ~t ~~, ~~a c~ ~~ School health student services Children served through SHIELD Child care centers/consultations Referrals to Family Support Program Birth certificate follow-up South Vista services Public health nurse home visits Elevated blood Icvel referrals Total client visits Family Health staff B: Bloomington E: Edina R: Richfield B E R EP j NA NA 3,553 NA 1 III 45 62 108 13/ 156 8/96 5/57 NA 548 2 170 NA 379 120 280 NA I 89 teens and 82 children 861 275 586 NA 9 6 '16 NA 6,859 1,585 3,504 275 EP: Eden Pra irie Elevated bloodlead levels in children High levels oflead in children (lead poisoning) can lead .~ x -to learning-disabilities,'behavioral problems, seizures, `~ coma,` and even death. All children should have their lead IeveC screened by one year of age; testing is done at a pediatrician's office via a simple blood test. e - If a child is diagnosed with a high blood lead level, f y~`, periodic testing_continues until he level reaches an acceptable rate. i~~IAKIN(1 A 1~IFRkZ.ENC`E ~ A family health nurse will monitor the situation until the blood lead level comes down. Nurses will also talk with parenu on how to prevent and/or reduce the risk of lead exposure in the home. Schoo(health student services -Provided to studenu and staff at non-public schools and charter school--in Richfield. Services include review of immunization records, first aid, medication administration,.consultation, and screening'for vision, hearing, and scoliosis. SHIELD -South Hennepin Interagency Early-Learning and Development (SHIELD) is an intake process through which families, w'r,.h concerns about their child's developments can access resources for help. A public health nurse assisu the family through the process.. Child care center/consultations -Nurses serve as consultanu to daycare center staff and direttors. Visiu to centers by nurses are conducted monthly. Family support program -Provides information and referral counseling, ongoing home visiu, and case management services to families and individuals who have domestic violence, mental health, chemical abuse, and/or self-care issues, and lack basic resources for health care. (A majority of the families are referred by police o~cers following a domestic call) Nurse follow-uF on birth certificates -Families with new babies receive information, via the telephone or mail, about available child resources. Home visiu are made for those in need of, and desiring, ongoing support. Nurses monitor baby's development South Vista services -Pregnant teens, teen parenu and their babies attend South Vista school as teens complete their education. Public health nurses teach studenu. parenting skills, as well as' monitor the health of the pregnant teen, teen parent, and infant Public health nurse home visiu - Visiu are targeted to the most vulnerable families. Visiu are made for high-risk pregnancy, :post-partum, newborn care, asthma, and child development, as well as diabetes concerns and help with community resources.. 7 HOME HEALTH lN-H0~~~1E GORE SE~V(ivES THAT HELPS ~L~I~LTS STAY.IN THEIR ~~~1'N HO~~~IE l I-~30ME ~ IE%~LTI-~ ~ ~ ~ , , , ~ ,~ B -E R , ! ? Home health care {clients} 56 18 19 , Visits by nursesihealth professionals 715 231 353 ~., ? I ~', ' Visits by health aides 3,857 1,009. 1,179 . y i High risk home assessment visits 29 I ^~ 'b { } ~ .~ ~ -~ ~ ~ ~ ~ ~ ~ i N ~ GI'NEI~~~I~ I'Ll~il_CC~ H~,AI-,'F ~ J - ~ ~ Information and referrals (calls & drop in visits}: 5,654 v~ ~r" -~,-, B: Bloomington E: Edina R: Richfield EP: Eden Prairie ~ ,y ~ / ~- I ~ 4+ ep~ `, t - '~ ~ y3 Home heath care (clients) -Adults living in ~ ~ ~ '~ _ i ` ~9 their own'home receive health care services . ~: I .' _'f from public health staff. Without these. ._... '` , , ~ services, many adults would have to leave. ~~y ,, -r `'----. _ their home to'live in a nursing home or ~. -..._. .„ `h ~~ __1 other care facility. Visits by nurses/healtltprofessionals- On - _ '' average; a public health nurse visits a client two times per month to monitor client's health and safety. High risklhome assessment s A high risk assessment visit is a result of a referralfrom -Aides provide weekly. Visits by health aide a police, city officials, churches, family, friends, or other nge. personal cares fora client; services r from assisting',with bathing and groomingzo community source. This visit can include assessment, light cleaning, cooking, and laundry. Home referral and follow-up,_education, advocacy, and case health aides visit approximately two times management. each week.. An example is a fall prevention visit. do this case, a nurse _ Hieh risk home assessment -Public health ' evaluates the safety of a client's home, checking for items s nurse,checks for possible-risks to client ' such as throw rugs (easy to stumble over), grab bars in health from causes inside the home. '.:: bathrooms,-even the positioning of the phone (Is it easily. accessible?''free of cords that can cause tripping?). A nurse alsoprovides the client with information on: fall prevention strategies throughout the"home how these suggestions can. be implemented ENC.E ti1AKING ,A DIFFER resources (for instance, where he items can be . purchased, who could install equipment, etc.) Follow-up is provided to make sure recommendations are implemented. - There is no fee for this service. b i CLINICS/D1SE~SE PREVENTION ~ CONTROL PR~~-f"Fc~T:~ ,~C~AINS'1-17[SE:~~F. l f {[:: ~L[Gf-f EDUCATION ;~N1~ 1i~1,ti1CiNI%.AT[~NS i ~~ r . °e ~ i~,pp! ~ T ~ , ~ ~~~ f y j V~ „/" ~ t r I - t. ~ ..: r_ CLINICS s e R o ` r~ ~ ~ ~ ~ Well child & youth clinic 41 5 21 18 ~: .~-~ ~ -,:;. , -. ,,~~ i Breast & cervicaLcancer 210 3 8 27 ' screening: BPN/SAGE 74 28 35 652 ~~ ~ ' i Family planning & STD (clients} 313 20 71 254 '~ I WIC nutrition program (clienu} 1,721 183 1,779 - i u. ~ ... HIV/AIDS testing 178 -~ DISEASE PREVENTION & CONTROL '; %~~ ~? Adult immunizationslinfluenza 2,043 886 340 55 ,. -~Ai: `~, + ~ Pneumonia 167 13 72 200 .ry, ~~}~ ,,•. Hepatitis B immunizations 248 16 88 .178 s. Childhood immunizations 259 23 110 188 I : Adult immunizations 106 I I 26 153 B: Bloomington E: Edina R: Richfield EP: Eden Prairie O: Ocher Screening for breast cancer Regular screenings via a mammogram are a woman's .best defense against breast cancer. Mammograms can MAKING A D[FFERENCF detect a tumor early -even before ircan be felt. However, if a woman has insufficient or no health insurance, she is less likely to get a mammogram. Through a grant from the: MBCCCP (the Minnesota Well Child & Youth Clinic -Wellness checks to assure youth Breast and Cervical Cancer Control Program), Sage develop within age-appropriate guidelines. Clinic and Bloomington Public Health provide free/ ¢reast & Cervical Cancer -',Screening for breast and cervical cancer low-cost mammograms to women who. meet age performed on-site:at public health (BPH) and off-site at the SAGE and financial qualifications. Clinic, located at he Mall of America. "Because o f career tronsitionin~ a high major medical Family PlanninY. STD -Clinic tesu for sexually transmitted diseases deductible,. and income Challenges, I had put of f my (STD); provides family ..planning information and supplies. mammogram for two years. On Novembee 29, 1 had WIC nutrition program -:For nutritionally at-risk pregnant and my mammogram, ultrasound, and iwo cysu aspirated breast-feeding women and children up to five years of age. (removed). the Cysts were benign, but f Can't help wonder, Provides nutrition education and food vouchers. had I waited another two years because of my financial .HIV/AIDS testin¢ -Clinic for HIV/AIDS testing.. challenges, would 1 hove been in serious trouble? Adult Immunization: Influenza -Flu show given on- and off-site. Thank you for providing this incredible service." Pneumonia -Immunization. given to prevent pneumonia `7 just want to tell yoia that this visit was the most ;(inflammation of the lungs).; pleasant 1 have ever: had.. Every. person was Hepatitis BB - A three-shot series to protect against this chronic, Compassionate and Considerate and also kept me infectious"liver disease. informed. Thank you very much." 'Childhood immunizations (0-18 years of age) -Immunizations for "Words cannot describe to you how much l appreciate polio, tetanus, measles, Hepatitis B, mumps, diphtheria, rubella, your free services:l've never been downlike this; you pertussis, Hib, varicella, and pneumococcal disease. have been o godsend." Adult immunizations (19=85) -Includes vaccines and mantoux tesu. 7 HEALTH PROMOTIQN &• PLANNING ['RO!'~~tOTfNG~ COODHEALTHTHRC~CIGHEDLIC~,ATI01~' ANL7 ['REVE~TjON HF-ACTH PROMOTION & PLANNING B E R ~' -~ ; ' ~ School health education services 9,000 2,291 2,400 sti~; ' > Community health education 3,560 1,505 366 ,t: ~: f Health risk assessment clinic 179 3I 20 l~ Blood ressure screenings 745 283 23 P i, ~~ ~ i "~ ~ ;;, ~;{',~ Hearing screenings 7 47 0 '~,...,; ~~ Hearing conservation assessment 256 79 0 ;~, '~ ., a,,. ,.~ 1:, i {~ B: Bloomington E: Edina R: Richfield EP: Eden Prairie ~~ Ais~ Congregational'Substance Abuse Team Ministry ' i=°- "~~ >~ ~ ;~` u is a program that helps church members deal with h.~~~ •~; ~ ~ ~ ' ~ ~ substance abuse within.their congregation. '' ~ '_' ~~ `~ ~ Health promotion staff, in collaboration with Faith t ` ~ F, s f~4,b J,. •~ Partners, work with local churches to bring about this wC ' ~ i ~ f` prevention and education, program that: is based. on a "' - I ~ I., combination of faith, recovery, and prevention.`. r'' . { ' r Lay people from within the church receive training on V =e `' ;~ '~ substance abuse education and prevention. This team W ~ develops prevention activities for all members of the MnKING n DIFFERENCE congregation-youth and adults- and provides information on alcoholism, drug dependency, and referral assistance for'intervention and treatment. C~chool health educational services -Health promotion staff present information on a number of topics for. grades K-12; topics 'include nutrition, sexuality education, alcohol, marijuana, and tobacco awareness. Staff also serve as a resource for teachers and schools; $afe'& Drug-free staff liaison to3chools. Communip~ health education -Information and presentations at the community level held at schools, senior. centers, churches, etc. on a variety of health topics: Promotion staff serve as a resource for community`organizations.' :Health risk-assessment clinic -Tests cholesterol level, lipid profile, and total. blood chemistry. Follow-up'education/nutrition` sessions provided. Blood pressure screenings -Held at seniorcommunity centers throughout the year. (High blood pressure can lead to stroke, heart attack, heart failure or kidney failure. The only way to tell if'you have high blood pressure is to have: your blood pressure checked.) Hearing screeniny,~ -Service provided at senior community centers in Bloomington, Richfield, and Edina. HearinY conservation assessmenu - A follow-up to basic screening for hearing. Assessment condutted when a concern arises .about an individual's hearing. 4 EIVtERGENCY PREPAREDNESS ~ ~_• ~ ' ~~, ~''; ~ ~`~ ~~' ~'~ ~ '~ ' ~~ , The September I I'tragedy and subsequent anthrax scare ~ %= ~ ~l'~ • 'hf~~ • changed the perception of public health. Our responsibility ,~~ :, ,a . , t ~ ~ in keeping the nation healthy and safe garnered attention; as i~ t ~ ~ ~ - ~ ~~ ' threats increased (both real and perceived) our role became ~i~•, ',,y ' even more vital. ! ~,~ , '~`' ~ ~' In response to this larger responsibility, a flurry of activity { ~ ~~ ~'. '' ~ `' • ~ ~ ~ took place in 2002. The first was designating an Emergency j ~ ~ ~{ ~ ~ , , ~ _ ~ ~ ~ .t Preparedness. Coordinator and then creating an Emergency Preparedness Plan. An Emergency Preparedness grant from. ~ ` " ' the Minnesota Department of Health (MDH), through the ~ "llEN1AL MASQCIERADING AS Centers for Disease Control (CDC), funded the work. COMPLACENCY IS THE 6IGGEST i .THREAT TO PREPAREDNESS." The following briefly describes areas we've worked on as i - unknown part of the preparedness plan: I Coordination: building connections with community part- OPERATIQN SNOWBALL Hers such as hospitals, schools, and community groups. Ori December 1'G, 2002 "Operation Snowball," arable-top bioiogitaiexercise, was held to test Assessment: visiting potential mass-clinic sites, assessing S ahe medical response to o large-scale I needs, preparedness level, and response capacity. bioterrorism event Three hundred forty-one ., i Planning/exercise: participating in what if' situations, both representatives were involved, including persons large and small scale (see Operation Snowbol~. from Bloomington Public Health,. Police, Fire, and Environmentat:Heo(th. Response/disease surveillance: strengthening connections The. scenario for he exercise was o local with Fairview Southdale hospital { terrorist group that dispersed a biological Health Alert Network: adding partners to our network and agent at o holiday parade. Attendees showed testing the system. _, signs and symptoms: vrithin o few days. Risk communication: using web, cable, and print to educate The table-top exercise illustrated to participating. staff and the public on health emergencies. groups where ihegaps and problems were; TraininY: educating staff on their roles should an emergency steps could now:be taken to correct them. arise. ~ TRI-CITY PARTNERS ; I Tri-City Partners-for Healfhy Youth and Communities is a group of individuals from Bloomington, Edina, and _ ;. Richfield who work with fiealth promotion staff to promote health, reduce risks, and build .assets in our youth s and communities. TCP Goals for 2002: TCP worked on goals through the followinQ• Created and distributed Let's7alk Baskets (parenting . Reduce youth. alcohol, tobacco, and other drug i ,, tool thatprompts discussions on youth issues) at access and use area middle schools .Postpone youth sexual involvement ,Produced and promoted smoke-free dining guides . Increase healthy eating and physical activity for'Bloomington, Edina, and Richfield ~ . `Decrease the incidence of violence and ,Held parent educations workshops, including Preven- ~ harassment icon and Parenting issues with Susan Blaszczak, Healthy .Strengthen local-;policies and practices .consistent Communications with Youth, Media and Youth, and a with healthy youth development repear?of Sex, Drugs & Raves i ~ . Support healthy family and community guideli nes . Provided workshops on "Congregational Substance . "Support tommunity-based asset building Abuse Prevention" initiatives /~ Tri-~ilfy .Piloted TAP tobacco awareness ro ram that hel s ( P g P ~ I ~~'~"d• Pdrt1'terS teens quit smoking) at a Bloomington high school 1 ' ~ ~ s website, ' PorHeaMhyYooth .Began work on TCP ~ {~ ~ and Gommunlties - L l t ~ i i artners or t oomin9 on - b i r typ . g ~ www. c c i ~ __ --J ADVISORY .BOARD OF HEALTH/COMMLINITY HEALTH COMMITTEE AL~~~ f~L~ Cl IY" COUNCIL ON HEAL7 H SiGMFIG.~NT l5SUG5 AFF£C~T1NG TH£IR CO,'~~t?VIUNIZI' °~ i ~ F ' ~ ' 5 Y _~. 4 ~~ f ~ ~ } i - t i 4 BLOOMINGTON 2002 EDINA 2002` RICI IFIELD 2002 ADVISORY BOARD OF COMMUNITY HEALTH ADVLSORY BOARD OF HEALTH MEMBERS COMMITTEE MEMBERS '' HEALTH' MEMBERS Carolyn Byers Kathy Frey, Chair Sally Parsons Gregory Hanson, DDS Idelle Longman, Vice Chair KathyBreeggman_ Janet Hovey, RN Dr. Bruce Burnett Tom Couch Duane Larson Dr. James Reynolds _ ;Jackie Kawiecki Kristen McCullough, RN Richard-0Ison Cindy Dubansky Sharon Pressler Mary Brindle Gabriel Holl Clifford Phibbs, MD .(Chair) Dr. Tolu Oyelowo-Lee Eric Crockett. Karen Zeleznak, Staff Representalive Laura Little, Student Member Sunny Ray Dave Ve1de, Staff Representative - Vicki Snowden At the request of the Ciry Council, Earnestine Collins our duties expanded to include The Community Health Betsy Christensen, Staff Representative Public Health Emergency Prepared- Committee was instrumental Hess, specifically bioterrorism. in the drafting of the Body Art A major success in 2002 was our ordinance. This ordinance regulates continued ability to partner and In preparation for the 2004-07 body art, including tattooing, ear work with. other organizations. Community;Health Services Plan, we piercing, and cosmetic permanent This was evidenced in the way provided recommendations on how make-up. members monitored and attended to improve community input into meetings with groups such as: the'process: As a result, targeted The ordinance was finally adopted .Richfield Foundation groups in'the community were asked - in 2003, but the Committee .Community Council "What are the most important issues brought it forward in 2002. . Tri-City. Partners action workgroups that affect the health of yourself, (The final ordinance was greatly Richfield' Community Human Services your family, and friends?" improved os a resuh o f committee Commission Community responses helped with members' input) ,Cores Values prioritizing.: public health's work plan. .Others i0 2002 REVENUE FINANCIAL INF~RMATI~N t 3 ' S3,339,919 Private Insurance Reimbursements/Managed Care „ i Fees for Services ~i School Health Services Contracts i City of Bloomington Medicare/Medicaid Edina and Richfield Contracts ~'~ Bloomington Community Health Services Funds ~°' Community based Long-term Care i State and Federal Grants :~ United Way Grant. 92,430 r 149,791 C_ 59,01 -- .516,803. 12,133 --_ _ - 483,002 ~-- _ -- - _ __' 279,062 91,341 1,508,464 47,882 - l! ~-~ 25,000 525,000 I ,025,000 I ,525,000 I 53,339,919 2002. EXPENSES C} General Health* r--, ~ ;441,876 _~ ;~ Home Health 549,054 Health Promotion ; 498,910 Community Family Health ' 975,713 --- , • 87 366 l Clinic/Disease Prevention & Control 4, * Community Health Assessment, Planning, Resources, Referrals 0 500,000 I ,000,000 1900 W. Old Shakopee'Road Bloomington, MN 55431 952-563-8900 i;VlTYI~ 952-563=8997 (Fax) www.ci.bloomington.mn.us AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING FEBRUARY 10, 2004 C©NSENT 5B 18 REPORT PREPARED BY: FIRE CHIEF KEVIN MCGINTY NAn~', TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ /C~ `~~ SIGNATURE REVIEWED BY CITY MANAGER: r ~ / ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution to support legislation allowing the City of Richfield to provide ambulance service. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution supporting legislation allowing the City of Richfield to provide ambulance service. III. BACKGROUND ~ The City Council has directed staff to work toward the goal of establishing a Fire Department based ambulance service. Current State Statute makes it difficult, if not impossible, for cities to acquire their primary service area to begin ambulance service to residents. As staff previously discussed in prior Worksessions, it would be beneficial to the City of Richfield and its residents if the Fire Department were allowed to provide the ambulance service to the City. This would require some modification to State Statutes. 0210ambulance III. BASIS OF RECOMMENDATION A. POLICY • In order for City staff to testify at the Legislature in support of legislation, it is appropriate to have the support of the City Council in the form of a resolution. B. CRITICAL ISSUES • It is important for Legislators to be assured the City Council is in support of this legislative initiative. C. FINANCIAL • None D. LEGAL • None IV. ALTERNATIVE RECOMMENDATION(S~ • None V. ATTACHMENTS • Resolution. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION AUTHORIZING SUPPORT OF LEGISLATION ALLOWING RICHFIELD TO DETERMINE HOW ADVANCED LIFE SUPPORT SERVICES IN THE CITY ARE PROVIDED WHEREAS, THE City Council of the City of Richfield regards timely and effective ambulance service to be of critical importance to its residents; and WHEREAS, the City Council of the City of Richfield desires to determine how Advanced Life Support service is provided to the citizens of Richfield; and WHEREAS, the City of Richfield should be allowed to control Advanced Life Support services as it is allowed to control how other Public Safety Services are provided; and WHEREAS, legislation is being drafted that will provide for municipal cooperative service agreements of the provision of ambulance services; and WHEREAS, the City Council of the City of Richfield believes that the municipal provision of ambulance service may be beneficial to the citizens of Richfield by providing quicker response times and more effective use of personnel; and WHEREAS, the City Council believes it would be fair and equitable for the Richfield Fire Department to implement this service just as other municipalities have done; and WHEREAS, the City Council believes special legislation is required to allow the City of Richfield to exercise its judgment as to the best means for the provision of community ambulance service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richfield, Minnesota does hereby support legislation to achieve this objective Adopted by the City Council of the City of Richfield, Minnesota this 10th day of February, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: GONSENT AGENDA ITEM # 5A REPORT # 17 STAFF REPORT CITY COUNCIL MEETING FEBRUARY lU, 2UU4 REPORT PREPARED BY: ASSISTANT FIRE CHIEF BRAD SVEUM NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: ~ ~C~ ji ~~~(~ SI ATURE REVIEWED BY CITY MANAGER: ~ ~ j~ ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution approving the agreement for joint and cooperative use of fire personnel and equipment as a member of the Hennepin County Chiefs Association. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution regarding an agreement for joint and cooperative use of fire personnel and equipment as a member of the Hennepin County Chiefs Association. III. BACKGROUND Richfield is a member of the Southwest Fire League Mutual Aid Association. It is a group of 14 agencies who have agreed to help one another in the event of a major fire, natural or technological disaster. Under this current agreement, Richfield has not been able to request assistance from many Hennepin County Fire Departments who are not members. III. BASIS OF RECOMMENDATION A. POLICY • Richfield relies on additional assistance during emergency situations when City resources are exhausted. 0210HCCA B. CRITICAL ISSUES • Recent federal grants for response to events of terrorism require sharing of personnel and equipment on a county-wide basis. This agreement would allow for use and sharing of personnel and equipment from all fire departments within Hennepin County. C. FINANCIAL • There are no charges for personnel under the terms of this agreement unless that assistance continues for a period of more than eight hours. D. LEGAL • Richfield is a member of the Hennepin County Fire Chiefs Association. • This agreement complies with MN Statutes, Chapter 466. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the resolution. V. ATTACHMENTS • Resolution • Joint Cooperative Agreement VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. RESOLUTION NO. RESOLUTION AUTHORIZING RESOLUTION APPROVING THE AGREEMENT FOR JOINT AND COOPERATIVE USE OF FIRE PERSONNEL AND EQUIMENT WHEREAS, the City of Richfield is a member of the Hennepin County Chiefs Association; and WHEREAS, the Association has adopted an agreement for joint and cooperative use of fire personnel and equipment; and WHEREAS, the City of Richfield believes the effectiveness of fire protection within the City is improved by adopting this agreement. NOW, THEREFORE, BE IT RESOLVED by the Richfield City Council that the Mayor and City Manager are hereby authorized to execute the Hennepin County Chiefs Association Joint Cooperative Agreement for Use of Fire Personnel and Equipment, as exhibit A attached, on behalf of the City of Richfield as a participating member. Adopted by the City Council of the City of Richfield, Minnesota this 10th day of February, 2004. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk JOINT COOPERATIVE AGREEMENT FOR USE OF FIRE PERSONNEL AND EQUIPMENT HENNEPIN COUNTY CHIEFS ASSOCIATION August 14, 2003 I. Purpose This agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. II. Definitions • "Party" means a political subdivision. • "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance from other Parties. • "Requesting Party" means a party that requests assistance from other parties. • "Responding Official" means the person designated by a party who is responsible to determine whether and to what~extent that party should provide assistance to a Requesting • "Responding Party" means a party that provides assistance to a Requesting Party. • "Assistance" means, fire and/or emergency medical services personnel and/or equipment. • "Specialized Activities" means non-emergency Assistance to include but not be limited to: fire investigators, fire inspectors, fire educators, fire instructors, training personnel and associated equipment and facilities. III. PARTIES The parties of this agreement shall consist of the Active and Affiliate members of the Hennepin County Chiefs Association. Upon the adoption of a resolution by its governing body, an executed copy of this Agreement shall be forwarded by the member party to the Secretary of the Hennepin County Chiefs Association together with a certified copy of the resolution authorizing the agreement. The Secretary of the Hennepin County Chiefs Association shall maintain a current list of the parties to this Agreement and, whenever there is a change in the parties of this Agreement, shall notify the designated responding official of each party of such change. Page: 1 of 4 1V. Procedure Subd. 1. Request for assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. Specialized activities of anon-emergency nature maybe requested and/or provided by the Parties of this Agreement Subd. 2. Response to request. Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his/her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. Subd. 3. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. Subd. 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. All mutual aid operations will be carried out according to the Minnesota Incident Management System (MIMS). The personnel and equipment of the Responding Parry shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. V. Workers' compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party 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 were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VI. Damage to equipment Each party shall be responsible for damages to or loss of its own equipment. Each party 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. Page: 2 of 4 VII. Liability Subd. 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party. Subd. 2. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Subd. 3. No party to this agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. VIII. Charges to the Requesting Party Subd. 1. A Responding Party to this agreement will levy no charges for 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. The Requesting Party shall regardless to the length of time of the assistance, reimburse the Responding Party for supplies used. If assistance provided under this agreement continues for more than eight (8) hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial eight (8) hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. Subd. 2. Such charges are not contingent upon the availability of federal or state government funds. Page: 3 of 4 IX. Duration This agreement will be in force from the date of execution and notification of the Secretary of the Hennepin County Chiefs Association. Any party may withdraw from this agreement upon thirty (30) days written notice to the other party or parties to the agreement. X. Execution Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. Date Date Entity By _ Title Entity By _ Title Page: 4 of 4