112415CompleteAgenda1SPECIAL CITY COUNCIL WORKSESSION
RICHFIELD MUNICIPAL CENTER, BARTHOLOMEW ROOM
NOVEMBER 24, 2015
5:45 PM
Call to order
5:45 p.m. - 6:25 p.m.
Update regarding 66th Street median design (Council Memo No. 101)
2. 6:25 p.m. - 6:40 p.m.
Discussion regarding Stevens Avenue storm (Council Memo No. 101)
3. 6:40 p.m. - 6:55 p.m.
Discussion regarding standard procedures for City Commissions (Council Memo No. 98)
Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at
least 96 hours in advance to the City Clerk at 612-861-9738.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
November 19, 2015
Council Memorandum No. 101
The Honorable Mayor
and
Members of the City Council
Subject: November 24, 2015 Worksession Items
Council Members:
The upcoming worksession will include the following Public Works items:
66th Street Median Design Update
Staff will discuss the result of the resident outreach efforts through Richfield Connect
and a public open house held November 19 on the proposals to close medians along
the corridor.
Stevens Avenue Storm
Staff will discuss the two options provided by Hennepin County to address the storm
water capacity issues at Stevens Ave and 66th Street.
Please contact Kristin Asher, Director of Public Works, at 612-861-9795 for further
discussion.
peal lly submi
b
Ste n L. Dev c
City Manager
SLD:jjv
Email: Assistant City Manager
Department Directors
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
November 12, 2015
Council Memorandum No. 98
The Honorable Mayor
and
Members of the City Council
Subject: Standard Procedures for City Commissions
Council Members:
At the November 24, 2015 City Council work session, staff and the City Attorney will be
presenting proposed changes to City Code, Section 305, Commissions; Boards.
Several substantive, as well as housekeeping changes are being recommended in
order to provide more clear, simplified and standard procedures governing
commissions. This work is being in done in response to the 2015 City Council/Staff
goal of enhancing the commission experience.
Currently, there are many inconsistencies between commissions' bylaws and
processes. These inconsistencies result in frustration and confusion for both
commission chairpersons and staff to interpret and apply. For example, many of the
commissions have different processes for the removal of a commissioner and varying
attendance rules. Also, several of the commissions have lengthy, onerous bylaws that
make it overwhelming and difficult for new commissioners to understand.
In an attempt to be responsive to feedback from commissioners and staff liaisons
requesting more simple and consistent procedural rules and to minimize confusion, the
attached code amendments are on the November 24, 2015 Regular City Council
meeting agenda for 1St reading consideration.
Some of the more significant proposed changes to Section 305 include:
1) Clarifying youth appointments to require that youth applicants must be at least 15
years of age, a resident of Richfield and currently enrolled in a high school or
equivalent;
2) Changing the attendance requirement to address issues with non -participating
commissioners. Under the new requirement, commissioners must attend at least
75% of regular commission meetings in a twelve month period or be
automatically removed from the commission;
3) Codifying the rules for residency, terms, and commissioner removal/vacancy
rather than having them addressed under separate resolutions;
4) Directing that city commissions may not adopt bylaws that conflict with Section
305;
5) Requiring the use of Sturgis' Standard Code of Parliamentary Procedure when
taking formal action; and
6) General clean-up.
Next steps and Timeline:
After the November 24th Council discussion of the proposed code amendments and first
reading consideration, a second reading and rescission of several old resolutions is
scheduled for the December 8, 2015 City Council meeting. With Council approval of the
ordinance amendments, commissions will be directed to go back to review and amend
their bylaws so that they conform to Section .305. Commissions will still be able to retain
bylaws that are unique and necessary to their particular commissions.
If you have any questions about these proposed amendments and/or process, please
c a t,Assisfant City Manager/HR Manager, Pam Dmytrenko at 612-861-9708.
subn
L. Devich
City Manager
SLD:pd
Attachment
Email: Assistant City Manager
Department Directors
BILL NO.
AN ORDINANCE AMENDING SECTION 305 OF THE CITY CODE
RELATING TO CITY COMMISSIONS AND BOARDS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 305 of the Richfield City Code is amended to add the following new
subsection 305.00 as follows:
305.00. — Definitions.
Subdivision 1. The following terms, when used in this Section, shall have the
following meanings unless the context clearly indicates otherwise:
Subd. 2. "Commission" means a body established by the City Council to advise the
Council on matters of municipal concern. The terms "commission" and "board" may be used
interchangeably in this Section.
Subd. 3. "Youth" means an individual who is at least 15 years of age.
Sec. 2. Section 305 of the Richfield City Code is amended to add the following new
subsection 305.01 as follows:
305.01. — Creation; General requirements. Unless otherwise provided by law or herein,
the provisions in this subsection apply to all City commissions.
Subdivision 1. Creation. A Commission may be established by a majority of the City
Council. The Council shall adopt a resolution or ordinance that will describe the purpose and
function of the Commission. City Commissions are advisory bodies to the City Council. The
Council shall periodically review the role, responsibilities and procedures of each Commission.
The Council may eliminate a Commission by adopting a resolution or ordinance rescinding the
resolution or ordinance establishing the Commission.
Subd. 2. Residency. Members of city commissions shall be residents of the City,
unless an ordinance or resolution expressly provides otherwise.
Subd. 3. Terms. The City Council shall appoint members to the commissions for
terms not to exceed three years. No member shall serve more than three consecutive terms on
the same Commission. Appointment to serve on a Commission for a period of time greater
than one-half of a complete term shall be counted as a full term. If the Council appoints an
individual who had a break in continuous service of at least one full term, it shall be treated as
a first -term appointment. Commissioners may only serve on one Commission at a time.
E
Subd. 4. Youth appointments. The City Council may appoint a maximum of two youth
members to certain commissions. Terms for youth appointments shall be one year,
commencing on September 1 and ending on August 31. No youth member shall serve more
than three consecutive terms on the same Commission. Except as otherwise provided for by
resolution of the Council, youth members must be residents of the City and enrolled in a high
school or equivalent. A youth member may only serve on one Commission at a time. Youth
members are voting members of a Commission.
Subd. 5. Attendance. Members are required to attend regular commission meetings.
Commission members shall notify the Commission Chair or staff liaison if he or she is unable
to attend a meeting. Members who have served at least one full year and do not attend at least
seventy-five percent (75%) of the regular commission meetings in the preceding twelve (12)
month period will be automatically removed from the commission. The Council shall conduct
an annual review of the attendance of members of City commissions.
Subd. 6. Removal/Vacancy. Commission members serve at the pleasure of the City
Council and, unless prohibited by law, may be removed at any time for any reason. When a
vacancy occurs, the Council shall appoint a person to fill the unexpired term of the vacated
seat. Unless provided otherwise by law, a seat on a Commission is vacated upon any of the
following:
(a) death;
(b) failure to attend at least 75% of regular commission meetings in a year;
(c) removal of legal residence in the City;
(d) resignation in writing presented to the City Manager;
(e) removal by the Council; or,
(f) election or appointment to a public office.
Subd. 7. Committees. Commissions may establish committees from time to time as
the need arises.
Subd. 8. Staff/Council Liaisons. Each January, the City Council shall designate a
Council member as liaison and one alternative liaison to each Commission. The City Manager
shall appoint one City employee to serve as a staff liaison to each Commission. Council and
staff liaisons are not voting members of a Commission.
Subd. 9. Bylaws/Rules of Procedure.
(a) Commissions may adopt bylaws to govern meeting procedures and other matters
not addressed in this Section. If the bylaws of a Commission and this Section
conflict, this Section shall prevail. Commissions may amend bylaws with approval
of a 2/3 majority vote of the Commission.
(b) At all meetings of a Commission where formal action is required on a matter, the
meeting shall be governed by Sturgis' Standard Code of Parliamentary Procedure. At
meetings where no action is required, no formal parliamentary procedure shall govern
2
the conduct of the proceedings unless necessary such as when a formal motion is
before the Commission.
Sec. 3. Subsection 305.01 of the Richfield City Code is amended as follows:
301= 305.03 - Establishment of human rights commission.
Subdivision 1. Scope of Section. It is declared that it is the public policy of the City to
fulfill its responsibilities as a partner of the state department of human rights in securing for all
citizens equal opportunity in housing, employment, public accommodations, public services
and education, and to fully implement those goals set forth in Minnesota Statutes, eChapter
363A, the Minnesota Human Rights Act.
Subd. 2. Establishment of commission. There is established and continued a human
rights commission.
Subd. 3. Purpose of commission. The purpose of the Commission is to secure for all
citizens equal opportunity in employment, housing, public accommodations, public services
and education and full participation in the affairs of this community and to take appropriate
action consistent with the Minnesota Human Rights Act. The Commission shall also advise
the City Council on long range programs to improve human relations in the City.
Subd. 4. Composition of the Commission. The Commission consists of 13 members
appointed by the Council. Eleven members shall be appointed for terms of three (3) years,
except that (i) a person appointed to fill a vacancy occurring prior to the expiration of the term
for which the predecessor in that term was appointed shall be appointed only for the remainder
of such, and (ii) two (2) persons shall be appointed as "youth" members for one (1) year terms.
The two (2) youth members shall be given all rights, privileges and responsibilities granted to
the other appointed members.member's
shall een4inue-fie—sem= me n al fies- Members serve without
compensation and may be removed from office at any time by the Council_, but after a „ublie
hearing if a hearing is requested by the member- whese removal is being eensider-ed--.
Subd. 5. Commission's responsibilities. The Commission shall:
(a) Adopt bylaws and rules for the conduct t -e o f i is affairs including the election,
assumption of duties and definition of responsibilities of officers and committees;
(b) Engage in discussions with the state department of human rights for the purpose of
delineating cooperative regulatory and enforcement procedures;
(c) Enlist the cooperation of agencies, organizations and individuals in the community in
an active program directed to create equal opportunity and eliminate discrimination
and inequalities;
(d) Formulate a human relations program for the City to provide increased effectiveness
and direction to the work of all individuals and agencies addressing themselves to
3
planning, policy making and educational programming in the area of civil and human
rights;
(e) Advise the City Council and other agencies of the government on human relations
and civil rights problems and act in an advisory capacity with respect to planning or
operation of any City department on issues of civil and human rights and recommend
the adoption of such specific policies or actions as are needed to provide for full
equal opportunity in the community;
(f) Study, investigate and assist in eliminating alleged violation of Minnesota Statutes,
eChapter 363A by conference, conciliation and persuasion, and when necessary,
cooperate with the state department of human rights in enforcing the provisions of
the state act;
(g) Develop such programs of formal and infer-mation education as will assist in the
implementation of the Minnesota Human Rights Act and foster the Commission's
assumption of leadership in recognizing and resolving potential human rights
problems in the community; and
(h) Develop and implement programs that enhance the advancement of human rights in
the community and that promote an awareness of and appreciation for cultural
diversity.
Subd. 6. Investigations enforcement, penalties. The Commission may receive and
investigate complaints of alleged violations of this Ssubsection. Investigations shall conform
to the No F.,,,',- Grievance Complaint Process formulated by the State Department of Human
Rights.
Sec. 4. Subsection 305.03 of the Richfield City Code is amended as follows:
305.05. - Joint police and fire civil service commission.
Subdivision 1. Single commission created and continued. The Police Civil Service
Commission and the Fire Civil Service Commission of the City have been combined to form a
single commission.
Subd. 2. Duties. The Joint Commission is created and eentinued a will serves as beth
the Police and Fire Civil Service Commission '
Subd. 3. Membership, The Joint Commission consists of three (3) members appointed for
staggered terms in the same manner, for the same terms, and with the same qualifications as a
police civil service commission under Minnesota Statutes, Chapter 419. seetiens 419.01 to
^'� Terms of commissioners are for three (3) years commencing on February 1 of the year
of appointment.
2
Sec. 5. Subsection 305.05 of the Richfield City Code is amended as follows:
305.05. 305.07 - Planning ageney Commission.
Subdivision 1. Establishment. Pursuant to Minnesota Statutes, section 462.354,
subdivision 1, there is created and continued a City pPlanning Commission.
Subd. 2. Commission form. Except in cases in which the Planning Commission is
authorized by this Code or other applicable law to render a final decision, Tthe Planning
Ageney shall eperme as ^ Planning Commission serves in an advisory capacity to the City
Council. Staff services for the Commission shall be furnished by the Community Development
Department of the City. The remmi- - i - in an advisory eapaeity to theGeu
Subd. 3. Composition of the Commission. The Commission consists of seven (7)
members appointed by the Council to serve for terms of three (3) years, with terms of members
to be staggered so that as nearly equal number of terms as possible shall expire each year.
Terms begin on the first day of February. The City � , rnthe superintendent of sell""vv'^
� i
independent Seheel Distriet No. 280, one (1) Couneil member- and one (1) ather- representative
ex effieio effieers and member -s ef the Commission without voting rights.-
Subd. 4. Powers and duties of the Commission. The Planning Commission shall
undertake the duties given by Minnesota Statutes, sections 462.351 to 462.354. The Planning
Commission shall deliberate and make recommendations, or final decisions as applicable, on:
(a) Preposed subdivisions and r-esubdivisiens of !and;
(b) Lal Proposed amendments to the zoning or-dinanee code or map;
(e) (b) Land development applications requiring site plan approval, speeial interim use
permits conditional use permits or variances from the land development regulations of the
City; and
(d) U Such other matters relating to planning and development within the City, as may be
referred to it by the Council.
Subd. 5. General objectives of the Commission. The Planning Commission shall, as
necessary, erg perform the following functions on behalf of the City:
(a) Subject planning decisions to citizens' examination and influence through technical
advisory subcommittees which may study and recommend courses of action on
special planning matters;
(b) Act as an advocate of various beneficial planning projects, as directed by the
Council, to stimulate interest and acceptance of planning within the City; and
(c) Act as a coordinator of planning activities within the City by working with public,
quasi -public and private planning groups to coordinate the total planning efforts of
the City and other governmental units. .
5
Subd. 8 6. Additional powers and duties. The Council may assign additional duties and
responsibilities to the Planning Commission to assist the Commission in effectively carrying
out the Commission's objectives, powers and duties.
Sec. 6. Subsection 305.07 of the Richfield City Code is amended as follows:
305.07. 305.09 - Board of health.
Subdivision 1. Creation of board. Pursuant to Minnesota Statutes, seetie„ 145
Chapter 145A, there is created and continued a board of health.
Subd. 2. Council to constitute board. The Board consists of the City Council and a
physician who is the health officer of the City.
Subd. 3. Powers and duties of board. The Board shall:
(a) Investigate and make such reports and obey such directions concerning
communicable diseases as the State Board of Health may require or give; and
(b) Cause all laws and regulations relating to the public health, including any and all
health regulations contained in this code to be obeyed and enforced.
Subd. 4. Inspection and enforcement. The Board and authorized officers or employees of
the Board shall have the right to enter into any building, conveyance or place where contagion,
infection, filth or other source or cause of preventable disease exists or is reasonably suspect.
Subd. 5. Uniform enforcement and appeals. Orders or rules and regulations adopted or
issued by the Board shall be enforced in the manner provided in Section 320. Persons
aggrieved by an order or rule or regulation of the Board may appeal in accordance with the
provisions of Section 320.
■
-
Subd. 8 6. Additional powers and duties. The Council may assign additional duties and
responsibilities to the Planning Commission to assist the Commission in effectively carrying
out the Commission's objectives, powers and duties.
Sec. 6. Subsection 305.07 of the Richfield City Code is amended as follows:
305.07. 305.09 - Board of health.
Subdivision 1. Creation of board. Pursuant to Minnesota Statutes, seetie„ 145
Chapter 145A, there is created and continued a board of health.
Subd. 2. Council to constitute board. The Board consists of the City Council and a
physician who is the health officer of the City.
Subd. 3. Powers and duties of board. The Board shall:
(a) Investigate and make such reports and obey such directions concerning
communicable diseases as the State Board of Health may require or give; and
(b) Cause all laws and regulations relating to the public health, including any and all
health regulations contained in this code to be obeyed and enforced.
Subd. 4. Inspection and enforcement. The Board and authorized officers or employees of
the Board shall have the right to enter into any building, conveyance or place where contagion,
infection, filth or other source or cause of preventable disease exists or is reasonably suspect.
Subd. 5. Uniform enforcement and appeals. Orders or rules and regulations adopted or
issued by the Board shall be enforced in the manner provided in Section 320. Persons
aggrieved by an order or rule or regulation of the Board may appeal in accordance with the
provisions of Section 320.
Sec. 7. This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Adopted by the City Council of the City of Richfield, Minnesota this day of
.2015.
ATTEST:
Elizabeth Vanfloose, City Clerk
7
Debbie Goettel, Mayor
REGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
NOVEMBER 24, 2015
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
Open forum (15 minutes ma)imum)
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 Regular City Council Meeting of November 10, 2015.
PRESENTATIONS
1. Annual meeting with the Civil Service Commission.
2. Annual meeting with the Transportation Commission.
3. Annual meeting with the Community Services Commission.
COUNCIL DISCUSSION
4. Hats Off to Hometown Hits
AGENDAAPPROVAL
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 a first reading of an ordinance amending Section 305 of the City Code to
codify requirements pertaining to city commissions.
Staff Report No. 186
B. Consideration of the approval of the first reading of an ordinance creating a new city code section requiring
permits for motion picture and commercial photography events.
Staff Report No. 187
C. Consideration of the approval of a contract with Graymont (WI), LLC for the purchase of 1,400 tons of quick
lime in the amount of $233,212.00 for water treatment in 2016.
Staff Report No. 188
D. Consideration of the approval of a resolution authorizing execution of MnDOTAgreement No. 1001613
between the Minnesota Department of Transportation and the City of Richfield for traffic control
maintenance of three traffic signals on 76th Street at Trunk Highway No. 35W.
Staff Report No. 189
E. Consideration of the approval of the continuation of the agreement with the City of Bloomington for the
provision of food inspection services for Richfield for the year 2016.
Staff Report No. 190
F. Consideration of approval of the 2015-2016 contract with the City of Bloomington, using public health
emergency preparedness grant funds distributed by a federal grant from the Centers for Disease Control, to
provide services in the area of public health emergency preparedness/Bioterrorism and the development of
a response system.
Staff Report No. 191
G. Consideration of the approval of the amendment to the City of Richfield's 2012-2015 Municipal Recycling
Grant application and agreement with Hennepin County.
Staff Report No. 192
7. Consideration of items, if any, removed from Consent Calendar
CITY MANAGER'S REPORT
8. City Manager's Report
CLAIMS AND PAYROLLS
9. 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.
10. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9738.
CALL TO ORDER
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
November 10, 2015
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
Council Members Debbie Goettel, Mayor; Edwina Garcia, Tom Fitzhenry; and
Present: Michael Howard.
Council Members
Absent: Pat Elliott.
Staff Present: Steven L. Devich, City Manager; Melissa Poehlman, Acting Community
Development Director; Jay Henthorne, Public Safety Director/Police Chief;
Jim Topitzhofer, Recreation Services Director; Betsy Osborn, Support
Services Supervisor, Kris Weiby, Facilities Manager; Mary Tietjen, City
Attorney; and Cheryl Krumholz, Executive Coordinator.
OPEN FORUM
Steven Unkowsy, Richfield Public Schools Superintendent, thanked the City Council for
their support in the success of the school referenda in the recent election.
PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Fitzhenry, S/Howard to approve the minutes of the (1) Special City Council Worksession
of October 27, 2015; and (2) Regular City Council Meeting of October 27, 2015.
Motion carried 4-0.
Item #1 SWEAR -IN RICHFIELD POLICE OFFICERS ROBERT SMITH, PATRICK
SHEADY AND JAE QUERN
Public Safety Director Henthorne administered the swear -in of the officers.
Council Meeting Minutes -2- November 10, 2015
Item #2 ANNUAL MEETING WITH THE PLANNING COMMISSION
Rick Jabs, Chair, presented the annual report.
Item #3 COUNCIL DISCUSSION
• Cancel/reschedule December 22, 2015 Regular City Council Meeting
• Hats Off to Hometown Hits
Council Member Garcia announced the Fare for All Holiday Food Package event at the
Community Center on November 17, 2015.
Recreation Services Director Topitzhofer announced the following events:
• Turkey Trailblazer 5k & 1k Run/Walk at the Wood Lake Nature Center on November
21, 2015.
• Give to the Max Day on November 12, 2015
Council Member Fitzhenry provided an update on the Beyond the Yellow Ribbon
Campaign. He also announced the Veterans' Day celebration at the Honoring All Veterans
Memorial on November 11, 2015.
Council Member Howard announced that Senator Amy Klobuchar and Lt. Governor Tina
Smith will attend the STEM School Veterans' Day event.
City Manager Devich provided an update on the Portland Avenue road construction project.
Mayor Goettel stated that a ribbon cutting ceremony will be held at the new Army recruiting
office at 66th Street/Nicollet Avenue.
M/Goettel, S/Fitzhenry to cancel the December 22, 2015 Regular City Council Meeting.
Motion carried 4-0.
Item #4 COUNCIL APPROVAL OF AGENDA
M/Fitzhenry, S/Howard to approve the agenda.
Motion carried 4-0.
Item #5 CONSENT CALENDAR
A. Consideration of the approval of a resolution granting a Conditional Use Permit
and Variances to allow an auto repair shop (Pacific Auto Care) at 6600 Portland
Avenue. Staff Report No. 177
RESOLUTION NO. 11138
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
AND VARIANCES FOR AN AUTO REPAIR BUSINESS
AT 6600 PORTLAND AVENUE
This resolution appears as Resolution No. 11138.
Council Meeting Minutes -3- November 10, 2015
B. Consideration of the approval of an annual request for a Temporary On Sale
Intoxicating Liquor license for the Church of St. Richard, located at 7540 Penn
Avenue South, for their Novemberfest event to take place November 14-15,
2015. Staff Report No. 178
C. Consideration of the approval of an annual request for a Temporary On Sale
Intoxicating Liquor license for St. Nicholas Episcopal Church, located at 7227
Penn Avenue South, for their Night Under A Western Sky event to take place
November 14, 2015. Staff Report No. 179
D. Consideration of the approval of setting a public hearing to be held on December
8, 2015, for the consideration of the renewal of On -Sale Intoxicating and Sunday
Liquor licenses for 2016 for Last Call Operating Co. II, Inc. d/b/a Champps
Americana, Don Pablo's Operating, LLC d/b/a Don Pablo's, EI Tejaban Mexican
Grill, LLC d/b/a EI Tejaban Mexican Grill, Thompson's Fireside Pizza, Inc. d/b/a
Fireside Foundry, GM Richfield, LLC d/b/a Four Points by Sheraton Minneapolis
Airport, Frenchman's Pub, Inc. d/b/a Frenchman's, Wiltshire Restaurants, LLC
d/b/a Houlihan's Restaurant & Bar, Paisan, Inc. d/b/a Khan's Mongolian
Barbeque, Lyn 65, LLC d/b/a Lyn 65 Kitchen & Bar, Pizza Luce VII, Inc. d/b/a
Pizza Luce, Minneapolis -Richfield American Legion Post 435 and Fred Babcock
VFW Post 5555 d/b/a Four Nickels Food & Drink. Staff Report No. 180
E. Consideration of the approval of the setting of a public hearing to be held on
December 8, 2015, for the consideration of the renewal of On -Sale Wine and
On -Sale 3.2 Percent Malt Liquor licenses for 2016 for Chipotle Mexican Grill of
Colorado, LLC d/b/a Chipotle Mexican Grill, Davanni's, Inc. d/b/a Davanni's
Pizza & Hot Hoagies, Joy's Pattaya Thai Restaurant, LLC d/b/a Joy's Pattaya
Thai Restaurant, Minnesota Junior Hockey Group, LLC d/b/a Minnesota
Magicians (located in the Richfield Ice Arena), My Burger Operations, LLC, d/b/a
My Burger, The Noodle Shop Co. Colorado, Inc. d/b/a Noodles & Company (two
locations), Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Cafe, Henry
Thou d/b/a Red Pepper Chinese Restaurant. Staff Report No. 181
F. Consideration of the approval of setting a public hearing to be held on December
8, 2015, for the consideration of the renewal of Pawnbroker and Secondhand
Goods Dealer licenses for 2016 for University Cash Company, LLC d/b/a Avi's
Pawn and Jewelry and Metro Pawn and Gun, Inc. Staff Report No. 182
M/Goettel, S/Fitzhenry to approve the Consent Calendar.
Motion carried 4-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #7 CONSIDERATION OF THE SECOND READING OF AN ORDINANCE THAT
AMENDS THE CITY'S TOBACCO ORDINANCE AND A RESOLUTION OF
SUMMARY PUBLICATION S.R. NO. 183
Council Member Howard presented Staff Report No. 183.
Mayor Goettel stated that the Advisory Board of Health has reviewed this issue for over a
year and she believed the ordinance is appropriate to regulate tobacco use, especially for children.
Council Member Howard expressed support for the ordinance because it is in the best
interest of Richfield youth and overall health, especially related to cigar and e -cigarettes. He stated
Council Meeting Minutes -4- November 10, 2015
it was fair to existing businesses to be grandfathered in. He questioned how the ordinance
addresses the ability of employees in existing tobacco businesses to fix e -cigarette devices.
City Attorney Tietjen explained the ordinance defines sampling the device before purchasing
but does not speak to or deny the repair of e -cigarette devices.
M/Howard, S/Fitzhenry that this constitutes second reading of Bill No. 2015-13, an
minutes, and that the following resolution be adopted and that it be made part of these minutes:
RESOLUTION NO. 11139
RESOLUTION APPROVING SUMMARY PUBLICATION OF AN
ORDINANCE PERTAINING TO TOBACCO SALES AND THE REGULATION OF SMOKING
Motion carried 4-0. This resolution appears as Resolution No. 11139.
Item #8 CONSIDERATION OF A SECOND READING OF AN AMENDMENT TO THE
CITY'S LIQUOR ORDINANCE IN SECTION 1202 THAT WOULD PERMIT
MICRO -BREWERIES, MICRO -DISTILLERIES, ASSOCIATED TAPROOMS AND
COCKTAIL ROOMS IN THE CITY AND A RESOLUTION AUTHORIZING
SUMMARY PUBLICATION OF THE ORDINANCE S.R. NO. 184
Council Member Fitzhenry presented Staff Report No. 184.
M/Fitzhenry, S/Goettel
R
e minutes:
RESOLUTION NO. 11140
RESOLUTION APPROVING SUMMARY PUBLICATION OF
AN ORDINANCE PERTAINING TO LICENSES FOR MICRO -PRODUCTION
FACILITIES AND ON -SALE TAPROOMS AND COCKTAIL ROOMS
Council Member Fitzhenry proposed a friendly amendment to the ordinance in Subdivision
18 to remove the 50 percent food requirement.
M/Fitzhenry, S/Goettel
Motion carried 4-0. This resolution appears as Resolution No. 11140.
Motion carried 4-0. (amendment)
Item #9 CONSIDERATION OF THE SECOND READING OF AN AMENDMENT TO THE
CITY'S ZONING ORDINANCE AND A RESOLUTION APPROVING SUMMARY
PUBLICATION OF SAID ORDINANCE. THE PROPOSED ORDINANCE WOULD
CONDITIONALLY PERMIT MICRO -BREWERIES, MICRO -DISTILLERIES AND
ASSOCIATED TAPROOMS/COCKTAIL ROOMS IN A NUMBER OF
COMMERCIAL AND MIXED USE DISTRICTS S.R. NO. 185
Mayor Goettel presented Staff Report No. 185.
Council Meeting Minutes -5- November 10, 2015
M/Goettel, S/Fitzhenry that this constitutes the second reading of Bill N�
ordinance amendina the Richfield Citv Code to allow micro -production facilities
the official newspaper, and that it be made part of these minutes, and that the following resolution
be adopted and that it be made part of these minutes;
RESOLUTION NO. 11141
RESOLUTION APPROVING SUMMARY PUBLICATION
OF AN ORDINANCE TO CONDITIONALLY PERMIT MICRO -PRODUCTION
FACILITIES AND TAPROOMS/COCKTAIL ROOMS IN
COMMERCIAL AND MIXED-USE ZONING DISTRICTS
Motion carried 4-0. This resolution appears as Resolution No. 11141.
Item #10 CONSIDERATION OF NEW 2016 ON SALE WINE AND 3.2 PERCENT MALT
LIQUOR LICENSES FOR MINNESOTA JUNIOR HOCKEY GROUP, LLC D/B/A
MINNESOTA MAGICIANS LOCATED AT THE RICHFIELD ICE ARENA, 636
EAST 66TH STREET S.R. NO. 186
Council Member Garcia presented Staff Report No. 186.
Council Member Garcia stated that the Chammps liquor license will continue through the
end of 2015 and the Magicians liquor license is effective January 2016.
M/Garcia, S/Goettel
Motion carried 4-0.
Item #11 CITY MANAGER'S REPORT
City Manager Devich encouraged residents to visit Richfield Connect to provide their
feedback on the new posted questions.
Item #12 CLAIMS AND PAYROLLS
M/Fitzhenry, S/Howard that the following claims and payrolls be approved:
U.S. Bank 11/10/15
A/P Checks: 245198-245644 1,418,899.74
Payroll: 114480-114803 $ 558,925.40
TOTAL $ 1,977,825.14
Motion carried 4-0.
OPEN FORUM
None.
Council Meeting Minutes -6- November 10, 2015
Item #13 ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 8:03 p.m.
Date Approved: November 24, 2015
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
REPORT PREPARED BY:
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.A.
STAFF REPORT NO. 186
CITY COUNCIL MEETING
11/24/2015
Pam Dmytrenko, Assistant City Manager
DEPARTMENT DIRECTOR REVIEW: Steven L. Devich, Administrative Services Director
11/19/2015
OTHER DEPARTMENT REVIEW: Mary Tietjen, City Attorney
CITY MANAGER REVIEW: Steven L. Devich
11/19/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a first reading of an ordinance amending Section 305 of the City Code
to codify requirements pertaining to city commissions.
EXECUTIVE SUMMARY:
In an attempt to be responsive to the City Council's 2015 annual goal to enhance the city commission
experience and to feedback received from commissioners and staff liaisons who have expressed frustration
and difficulty in interpreting and applying the current commissions' inconsistent bylaws, several amendments,
both significant and of a housekeeping nature, are proposed for Section 305 of the City Code. For example,
the proposed ordinance includes requirements for youth commissioners, residency, attendance at
commission meetings, and a consistent process for removal of commissioners.
The proposed amendments will provide more simple, clear and consistent standard procedures governing city
commissions and will apply to all city commissions.
If the ordinance is adopted at second reading, all commissions will be directed by the City Council to amend
their respective bylaws to be in conformance with the new code requirements. Staff will also ask Council to
also adopt a resolution that rescinds any resolutions relating to commissions that are no longer needed.
RECOMMENDED ACTION:
By Motion: Approve the first reading of an ordinance amending Section 305 of the City Code to codify
requirements pertaining to city commissions and schedule a second reading for December 8, 2015.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Currently, there are several inconsistencies between city commissions' bylaws and processes. These
inconsistencies have resulted in frustration and confusion for both commissioners and staff liaisons to
interpret and apply.
In response to the City Council/Staff 2015 goal of enhancing the commission experience and to
feedback from commissioners and staff liaisons requesting more simple and consistent procedural rules,
several amendments to city code Section 305 are proposed. The amendments are both substantive and
housekeeping in nature.
Some of the more significant proposed changes to Section 305 include:
• Clarifying youth appointments to require that youth applicants must be at least 15 years of age, a
Richfield resident and currently enrolled in a high school or equivalent;
• Changing the attendance requirement to address issues with non -participating commissioners.
Under the new requirement, commissioners must attend at least 75% of regular commission
meetings in a 12 month period or be automatically removed from the commission;
• Codifying the rules for residency, commission term lengths and removal/vacancy process rather
than having them addressed under separate resolutions;
• Directing that city commissions be in conformance with Section 305; and
• Requiring the use of Sturgis' Standard Code of Parliamentary Procedure.
It is hoped that the adoption of these clear and consistent rules, applicable to all city commissions, will
enhance the commission experience by minimizing procedural confusion and providing commissions
with the tools necessary to hold effective and productive meetings.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
• The proposed amendments to Section 305 of the City Code will codify requirements pertaining to
city commissions and supersede any city commission bylaws not in conformance.
• The proposed code amendments codify several rules that are currently in resolutions,
necessitating the rescission of those resolutions at the December 8, 2015 City Council meeting.
C. CRITICAL TIMING ISSUES:
Asecond reading of the ordinance amending Section 305 of the City Code is scheduled for the
December 8, 2015 City Council meeting.
If the ordinance amending Section 305 is approved, all city commissions will be directed by the
City Council to bring their respective bylaws into conformance with the new city code
requirements in early 2016. This schedule ensures that all commissions will be in conformance
Men new commissioners are appointed in February 2016.
D. FINANCIAL IMPACT:
There is no financial impact associated with this action.
E. LEGAL CONSIDERATION:
The City Attorney prepared the proposed ordinance amendments and recommended the process for
bringing consistency and conformity to city commissions' standard procedures.
ALTERNATIVE RECOMMENDATION(B)LI
Do not approved the proposed ordinance amendments or suggest modifications to the proposed language.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D (...oirmnirnlin:nsicin code airn ei ndirneints Ordinance e
BILL NO.
AN ORDINANCE AMENDING SECTION 305 OF THE CITY CODE
RELATING TO CITY COMMISSIONS AND BOARDS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 305 of the Richfield City Code is amended to add the following new
subsection 305.00 as follows:
305.00. Definitions.
Subdivision 1. The following terms, when used in this Section, shall have the
following meanings unless the context clearly indicates otherwise:
Subd. 2. "Commission" means a body established by the City Council to advise the
Council on matters of municipal concern. The terms "commission" and "board" may be used
interchangeably in this Section.
Subd. 3. "Youth" means an individual who is at least 15 years of age.
Sec. 2. Section 305 of the Richfield City Code is amended to add the following new
subsection 305.01 as follows:
305.01. — Creation; General requirements. Unless otherwise provided by law or herein,
the provisions in this subsection apply to all City commissions.
Subdivision 1. Creation. A Commission may be established by a majority of the City
Council. The Council shall adopt a resolution or ordinance that will describe the purpose and
function of the Commission. City Commissions are advisory bodies to the City Council. The
Council shall periodically review the role, responsibilities and procedures of each Commission.
The Council may eliminate a Commission by adopting a resolution or ordinance rescinding the
resolution or ordinance establishing the Commission.
Subd. 2. Residency. Members of city commissions shall be residents of the City,
unless an ordinance or resolution expressly provides otherwise.
Subd. 3. Terms. The City Council shall appoint members to the commissions for
terms not to exceed three years. No member shall serve more than three consecutive terms on
the same Commission. Appointment to serve on a Commission for a period of time greater
than one-half of a complete term shall be counted as a full term. If the Council appoints an
individual who had a break in continuous service of at least one full term, it shall be treated as
a first -term appointment. Commissioners may only serve on one Commission at a time.
1
Subd. 4. Youth appointments. The City Council may appoint a maximum of two youth
members to certain commissions. Terms for youth appointments shall be one year,
commencing on September 1 and ending on August 31. No youth member shall serve more
than three consecutive terms on the same Commission. Except as otherwise provided for by
resolution of the Council, youth members must be residents of the City and enrolled in a high
school or equivalent. A youth member may only serve on one Commission at a time. Youth
members are voting members of a Commission.
Subd. 5. Attendance. Members are required to attend regular commission meetings.
Commission members shall notify the Commission Chair or staff liaison if he or she is unable
to attend a meeting. Members who have served at least one full year and do not attend at least
seventy-five percent (75%) of the regular commission meetings in the preceding twelve (12)
month period will be automatically removed from the commission. The Council shall conduct
an annual review of the attendance of members of City commissions.
Subd. 6. Removal/Vacancy. Commission members serve at the pleasure of the City
Council and, unless prohibited by law, may be removed at any time for any reason. When a
vacancy occurs, the Council shall appoint a person to fill the unexpired term of the vacated
seat. Unless provided otherwise by law, a seat on a Commission is vacated upon any of the
following:
(a) death;
(b) failure to attend at least 75% of regular commission meetings in a year;
(c) removal of legal residence in the City;
(d) resignation in writing presented to the City Manager;
(e) removal by the Council; or,
(f) election or appointment to a public office.
Subd. 7. Committees. Commissions may establish committees from time to time as
the need arises.
Subd. 8. Staff/Council Liaisons. Each January, the City Council shall designate a
Council member as liaison and one alternative liaison to each Commission. The City Manager
shall appoint one City employee to serve as a staff liaison to each Commission. Council and
staff liaisons are not voting members of a Commission.
Subd. 9. Bylaws/Rules of Procedure.
(a) Commissions may adopt bylaws to govern meeting procedures and other matters
not addressed in this Section. if the bylaws of a Commission and this Section
conflict, this Section shall prevail. Commissions may amend bylaws with approval
of a 2/3 majority vote of the Commission.
(b) At all meetings of a Commission where formal action is required on a matter, the
meeting shall be governed by Sturgis' Standard Code of Parliamentary Procedure. At
meetings where no action is required, no formal parliamentary procedure shall govern
2
the conduct of the proceedings unless necessary such as when a formal motion is
before the Commission.
Sec. 3. Subsection 305.01 of the Richfield City Code is amended as follows:
1. 305.03 - Establishment of human rights commission.
Subdivision 1. Scope of Section. It is declared that it is the public policy of the City to
fulfill its responsibilities as a partner of the state department of human rights in securing for all
citizens equal opportunity in housing, employment, public accommodations, public services
and education, and to fully implement those goals set forth in Minnesota Statutes, sChapter
363A, the Minnesota Human Rights Act.
Subd. 2. Establishment of commission. There is established and continued a human
rights commission.
Subd. 3. Purpose of commission. The purpose of the Commission is to secure for all
citizens equal opportunity in employment, housing, public accommodations, public services
and education and full participation in the affairs of this community and to take appropriate
action consistent with the Minnesota Human Rights Act. The Commission shall also advise
the City Council on long range programs to improve human relations in the City.
Subd. 4. Composition of the Commission. The Commission consists of 13 members
appointed by the Council. Eleven members shall be appointed for terms of three (3) years,
except that (i) a person appointed to fill a vacancy occurring prior to the expiration of the term
for which the predecessor in that term was appointed shall be appointed only for the remainder
of such, and (ii) two (2) persons shall be appointed as "youth" members for one (1) year terms.
The two (2) youth members shall be given all rights, privileges and responsibilities granted to
the other appointed members. Twee—xpifat eti of the fneffibei:'s—tefm of efee, a me
Members serve without
compensation and may be removed from office at any time by the Council., but afte - a p„blie-
Subd. 5. Commission's responsibilities. The Commission shall:
(a) Adopt bylaws and rules for the conduct to of its affairs including the election,
assumption of duties and definition of responsibilities of officers and committees;
(b) Engage in discussions with the state department of human rights for the purpose of
delineating cooperative regulatory and enforcement procedures;
(c) Enlist the cooperation of agencies, organizations and individuals in the community in
an active program directed to create equal opportunity and eliminate discrimination
and inequalities;
(d) Formulate a human relations program for the City to provide increased effectiveness
and direction to the work of all individuals and agencies addressing themselves to
3
planning, policy making and educational programming in the area of civil and human
rights;
(e) Advise the City Council and other agencies of the government on human relations
and civil rights problems and act in an advisory capacity with respect to planning or
operation of any City department on issues of civil and human rights and recommend
the adoption of such specific policies or actions as are needed to provide for full
equal opportunity in the community;
(f) Study, investigate and assist in eliminating alleged violation of Minnesota Statutes,
c -Chapter 363A by conference, conciliation and persuasion, and when necessary,
cooperate with the state department of human rights in enforcing the provisions of
the state act;
(g) Develop such programs of feet,.,' and inf6fmatien education as will assist in the
implementation of the Minnesota Human Rights Act and foster the Commission's
assumption of leadership in recognizing and resolving potential human rights
problems in the community; and
(h) Develop and implement programs that enhance the advancement of human rights in
the community and that promote an awareness of and appreciation for cultural
diversity.
Subd. 6. Investigations, enforcement, penalties. The Commission may receive and
investigate complaints of alleged violations of this Ssubsection. Investigations shall conform
to the No Fault Gi4eya+tee Complaint Process formulated by the State Department of Human
Rights.
Sec. 4. Subsection 305.03 of the Richfield City Code is amended as follows:
3. 305.05. - Joint police and fire civil service commission.
Subdivision 1. Single commission created and continued. The Police Civil Service
Commission and the Fire Civil Service Commission of the City have been combined to form a
single commission.
Subd. 2. Duties. The Joint Commission is created and eenti „ea Era will serve -s as both
the Police and Fire Civil Service Commission „fla Fife en's Givil ce,-,,iee Commission.
Subd. 3. Membership. The Joint Commission consists of three (3) members appointed for
staggered terms in the same manner, for the same terms, and with the same qualifications as a
police civil service commission under Minnesota Statutes, Chapter 419. seetions 419.01 to
^'� Terms of commissioners are for three (3) years commencing on February 1 of the year
of appointment.
11
Sec. 5. Subsection 305.05 of the Richfield City Code is amended as follows:
305.05. 305.07 - Planning agene Commission.
Subdivision 1. Establishment. Pursuant to Minnesota Statutes, section 462.354,
subdivision 1, there is created and continued a City pPlanning Commission.
Subd. 2. Commission form. Except in cases in which the Planning Commission is
authorized by this Code or other applicable law to render a final decision, Tthe Planning
Ageney shall epei:aR_ as a Dlamiii g Commission serves in an advisory capacity to the City
Council. Staff set -vices for the Commission shall be furnished by the Community Development
Department of the City. The Commission se o ift aft .,dvis y e ty to the r,.,,fte t
Subd. 3. Composition of the Commission. The Commission consists of seven (7)
members appointed by the Council to serve for terms of three (3) years, with terms of members
to be staggered so that as nearly equal number of terms as possible shall expire each year.
Terms begin on the first day of February. The City Manager, the superintendent o f sehools f-0,.
ex .. f fiei . o ffieers .,,,,d m mt e fs of the Commission without out .otig rights -7
Subd. 4. Powers and duties of the Commission. The Planning Commission shall
undertake the duties given by Minnesota Statutes, sections 462.351 to 462.354. The Planning
Commission shall deliberate and make recommendations, or final decisions as applicable, on:
(a) U....pesed sidbdi-,;isiens ...d 0 b.„diyis ens e f land;
(b) Cal Proposed amendments to the zoning of code or map;
{� (W Land development applications requiring site plan approval, speed interim use
permits, conditional use permits or variances from the land development regulations of the
City; and
{d} U Such other matters relating to planning and development within the City, as may be
referred to it by the Council.
Subd. 5. General objectives of the Commission. The Planning Commission shall, as
necessary, endea-vofperform the following functions on behalf of the City:
(a) Subject planning decisions to citizens' examination and influence through technical
advisory subcommittees which may study and recommend courses of action on
special planning matters;
(b) Act as an advocate of various beneficial planning projects, as directed by the
Council, to stimulate interest and acceptance of planning within the City; and
(c) Act as a coordinator of planning activities within the City by working with public,
quasi -public and private planning groups to coordinate the total planning efforts of
the City and other governmental units.
5
of the Couneil. The Cetiiieil may dismiss membefs of the Commission with of withett
Subd. S 6. Additional powers and duties. The Council may assign additional duties and
responsibilities to the Planning Commission to assist the Commission in effectively carrying
out the Commission's objectives, powers and duties.
Sec. 6. Subsection 305.07 of the Richfield City Code is amended as follows:
305.07. 305.09 - Board of health.
Subdivision 1. Creation of board. Pursuant to Minnesota Statutes, seelio '�T
Chapter 145A, there is created and continued a board of health.
Subd. 2. Council to constitute board. The Board consists of the City Council and a
physician who is the health officer of the City.
Subd. 3. Powers and duties of board. The Board shall:
(a) Investigate and make such reports and obey such directions concerning
communicable diseases as the State Board of Health may require or give; and
(b) Cause all laws and regulations relating to the public health, including any and all
health regulations contained in this code to be obeyed and enforced.
Subd. 4. Inspection and enforcement. The Board and authorized officers or employees of
the Board shall have the right to enter into any building, conveyance or place where contagion,
infection, filth or other source or cause of preventable disease exists or is reasonably suspect.
Subd. 5. Uniform enforcement and appeals. Orders or rules and regulations adopted or
issued by the Board shall be enforced in the manner provided in Section 320. Persons
aggrieved by an order or rule or regulation of the Board may appeal in accordance with the
provisions of Section 320.
0
Sec. 7. This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Adopted by the City Council of the City of Richfield, Minnesota this day of
, 2015.
ATTEST:
Elizabeth VanHoose, City Clerk
7
Debbie Goettel, Mayor
REPORT PREPARED BY:
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.13.
STAFF REPORT NO. 187
CITY COUNCIL MEETING
11/24/2015
Pam Dmytrenko, Assistant City Manager
DEPARTMENT DIRECTOR REVIEW: Steven L. Devich, Administrative Services Director
11/19/2015
OTHER DEPARTMENT REVIEW: Mary Tietjen, City Attorney
CITY MANAGER REVIEW: Steven L. Devich
11/19/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the first reading of an ordinance creating a new city code section
requiring permits for motion picture and commercial photography events.
EXECUTIVE SUMMARY:
Over the past year, the City has received an increase in the number of requests to hold commercial film and
photography events in the City. Currently, there is no ordinance language or standard permitting process in
place to regulate these types of activities to protect the health, safety and general welfare of the public.
Staff researched applications and fees from surrounding cities and drafted a city code ordinance and
created an application process. The proposed ordinance language provides clear guidelines, procedures and
processes for the issuance of permits.
RECOMMENDED ACTION:
By motion: Approve the first reading of an ordinance requiring permits for motion picture and
commercial photography events and schedule a second reading for December 8, 2015.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Within the past year, the City has been approached by various individuals and companies requesting to
use areas of the City for motion picture or commercial photography events. Currently, the City has no
ordinance language or guidelines regulating these types of activities to protect the health, safety and
general welfare of the public.
In doing research, staff found that most of the surrounding cities do require a permit for commercial
filming and photography. Staff reviewed applications and fees from surrounding cities and drafted a city
code ordinance and created an application process. The proposed ordinance language provides clear
guidelines, procedures and processes for the issuance of permits.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
The proposed ordinance language would be added to the City Code under a new Section 1197,
pertaining to motion pictures and commercial photography.
C. CRITICAL TIMING ISSUES:
• The City has recently and continues to be approached by individuals and companies interested in
conducting motion picture and commercial photography events in the City. The goal is to have the
ordinance language and fees in place by January 1, 2016.
• If approved, a second reading on the ordinance language will be conducted on December 8,
2015.
D. FINANCIAL IMPACT:
• A permit application fee will be included in Appendix D.
• Any additional costs associated with motion picture or commercial photography events will be
borne by the permit holder.
E. LEGAL CONSIDERATION:
The ordinance language has been reviewed by the City Attorney.
ALTERNATIVE RECOMMENDATION(B)LI
Do not approve the ordinance requiring permits for motion picture and commercial photography events or
suggest modifications to the proposed language.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D Motlia:inl[::'lia kAire, (Dira. iiinainc::e Ordinance
BILL NO.
AN ORDINANCE CREATING A NEW CITY CODE SECTION 1197
PERTAINING TO MOTION PICTURES AND COMMERCIAL PHOTOGRAPHY
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. A new Section 1197 is inserted into the Richfield City Code as
follows:
E-yX0I us] ZfiI"Miyi[all 0[a]►1:Jus] ILI]N-V_1ZI9X9191►yil►yiI=1:Z6I/_1111110Eel talc] :7_1a:VA
1197.01. Purpose and objectives.
The purpose of this Section is to establish standards to protect the health, safety and
the general welfare of the public from the undesirable effects associated with the
filming of motion pictures and other commercial filming or photography.
1197.03. Definitions.
Subdivision. 1. "Commercial photography" means all activities associated with the
production of motion photography or still photography for which a fee is charged for the
use, reproduction or showing of the product of the photography, including, but not
limited to, motion pictures, commercials, advertisements, videos or other similar
products.
1197.05. Permit required; exception.
No person shall engage in commercial photography on any privately -owned property,
publicly -owned property, or public rights-of-way unless a permit has been procured
therefor. Provided, however, no permit shall be required for the following:
Subdivision 1. Commercial photography taking place on private property,
provided that: (a) publicly -owned property or public rights-of-way are not used for
staging, storage or parking vehicles or equipment; (b) the city manager determines
that there will be no disruption to surrounding properties due to noise, traffic, or other
similar issues; and (c) no city staff or resources are being utilized.
Subd. 2. Commercial photography intended only for the use and enjoyment of
those individuals whose person or property are being filmed and for which there is no
commercial value, such as family portraiture and wedding photography.
Subd. 3. Commercial photographers operating as a lawful home occupation.
1197.07. Contents of application.
Subdivision 1. Any person desiring a permit to conduct commercial photography
shall make application on a form provided by the city clerk. The applicant shall set forth:
(a) The name, address and telephone number of the person responsible to fulfill
the obligations of the applicant;
(b) The location of the place where the commercial photography will take place;
(c) Whether the commercial photography involves still photography or motion
photography;
(d) The time and duration of the filming and related activities;
(e) Whether or not artificial lighting will be used;
(f) A description of the equipment that will be used;
(g) A description of proposed parking areas, street and sidewalk closures and
outdoor staging areas;
(h) A description of the proposed use of city equipment and personnel; and
(i) An estimate of personnel and equipment needed for the purpose of crowd
control, security, traffic control and other public safety needs.
1197.09. Fee.
The fee for a permit required by this Section shall be in the amount set forth in Appendix
D. The city may also establish and charge a fee for the rental of city -owned property for
commercial photography. In addition to the permit fee, the applicant shall pay all costs
and expenses incurred by the city in connection with the commercial photography. Such
costs and expenses shall include, but not be limited to, charges for personnel,
equipment and damage to streets and other public property. Based upon the
information contained in the permit application, the applicant shall deposit with the city
clerk a prepayment of the city's estimated costs and expenses. At the conclusion of the
commercial photography, actual costs below or in excess of the estimate will be
refunded by the city or paid by the applicant as the case may be.
1197.11. Review and approval process.
Subdivision 1. Procedure. Applications for permits to allow commercial
photography sessions shall be reviewed and approved as set forth in this subsection
and subsections 1197.13 and 1197.15.
Subd. 2. City manager issuance. The city manager will approve permit
applications for the following:
(a) Commercial photography that does not exceed three consecutive days in
duration. Provided, however, the city manager may issue a commercial
photography permit for up to ten consecutive days in duration, provided that
all photography and artificial lighting takes place indoors and all parking,
storage and staging needs are accommodated on the property subject to the
permit.
(b) Commercial photography in which no outdoor filming or outdoor artificial
lighting takes place before 7:00 a.m. or after 10:00 p.m.; provided, however,
the city manager may authorize outdoor filming and lighting before 7:00 a.m.
and after 10:00 p.m., if owners of all residential properties situated wholly or
partly within 300 feet of the commercial photography location grant written
approval for such activities.
(c) Commercial photography that takes place only on city -owned property.
1197.13. Permit issuance requirements.
Subdivision 1. Notwithstanding subsection 1197.11, subd. 2, the city manager will
not issue a permit unless the city manager finds that:
(a) The commercial photography will not endanger the public health, safety,
morals or general welfare; and
(b) The commercial photography will not cause undue traffic hazards,
congestion or parking shortages; and
(c) The commercial photography will not create an excessive burden or result in
damage to parks, streets, rights-of-way or other public property; and
(d) No commercial photography permit has been issued during the preceding
180 days for a location within 500 feet of the location described in the
application; provided, however, the city manager may waive this
requirement and issue a new permit if the city manager finds that the
purpose and objectives of this Section will be furthered by the issuance of
the new permit. The city manager may require the applicant to submit
evidence satisfactory to the city manager that demonstrates that properties
located in the vicinity of the location proposed for commercial photography
will not be adversely affected by the issuance of a new permit.
1197.15. Conditions and restrictions on permit holder.
The city manager may impose conditions and restrictions upon the permit holder as
deemed necessary for the protection of the public interest and properties located in the
vicinity and to ensure compliance with the requirements of this Code. The city manager
may require that the applicant submit evidence that a notice describing the proposed
commercial photography, including the proposed dates thereof, has been mailed to all
affected property owners as determined by the city manager. If so required, this notice
shall be mailed following the issuance of the permit but not less than five days prior to
the date the commercial photography will begin.
1197.17. Insurance; indemnity.
The city manager may require the applicant to file with the city clerk a public liability
insurance certificate, issued by an insurance company authorized to do business in the
state. The policy shall insure the applicant and name the city as an insured in the sum
of not less than $1,000,000.00. The applicant shall also defend, indemnify and hold the
city and the city's officials harmless from any loss, cost, damage and expense arising
out of the use of any premises for commercial photography.
1197.19. Bond or letter of credit.
The city manager may require the applicant to post a bond or letter of credit as a
condition to the issuance of a permit. If so required, the applicant shall file with the city
clerk a surety bond that is valid and in force and effect in a sum as determined by the
city manager. At the option of the applicant, a letter of credit or cash deposit may be
used in lieu of the bond. The letter of credit shall be irrevocable and unconditional,
issued by a national or state bank, with its main office located in the Minneapolis -St.
Paul Metropolitan Area, and otherwise shall be on terms approved by the city manager.
The bond or letter of credit shall be conditioned upon compliance by the applicant with
this section and other provisions of this Code and payment to the city of all fees,
expenses, fines and penalties required by this Code or state law and payment to the city
of any damage the city may sustain by reason of such commercial photography.
1197.21. Duties of permit holder.
Every permit holder under this section shall:
(a) Use only designated streets and parking areas;
(b) Promptly restore all public property, streets, sidewalks and rights-of-way to
their original condition or better;
(c) Comply with all conditions and restrictions of the permit; and
(d) Promptly undertake and complete all filming and related activities.
1197.23. Reserved.
Section 2. This Ordinance will be effective in accordance with Section 3.09 of
the City Charter.
Adopted this day of , 2015.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.C.
STAFF REPORT NO. 188
CITY COUNCIL MEETING
11/24/2015
REPORT PREPARED BY: Robert Hintgen, Utilities Superintendent
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
11/18/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
11/19/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a contract with Graymont (WI), LLC for the purchase of 1,400 tons of
quick lime in the amount of $233,212.00 for water treatment in 2016.
EXECUTIVE SUMMARY:
Quick lime is a chemical used in the water treatment process to lower hardness in water. Approximately 1,400
tons of quick lime is required each year to produce softened water. On November 12, 2015, a bid opening
was held and only one bid was submitted. Graymont (WI), LLC was the only bidder. They are a qualified
supplier that meets all specifications and requirements.
RECOMMENDED ACTION:
By Motion: Approve the contract with Graymont (WI), LLC for the purchase of quick lime in the amount
of $233,212.00 ($166.58/ton) for 2016.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
History of Quick Lime Contracts
In the bid specifications for Quick Lime, language was included to allow the contract to be extended for
additional one-year periods to a maximum contract period of three years (with mutual consent of both
parties). However, Graymont did not agree to an extensions 2015 or 2016 so the City went through the
bidding process.
On October 29, 2015, the ad for bid was published in the Sun Current with a bid opening on November
12, 2015. Graymont (WI) LLC Company was the only bidder with a price of $166.58/ton, or 3.5%, price
increase for 2016.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
Contracts estimated to have a value over $100,000 must be made by sealed bids, solicited by public
notice and awarded to the lowest responsible bidder.
C. CRITICAL TIMING ISSUES:
Quick lime is a necessary chemical required in the water softening process. The current contract expires
on December 31, 2015.
D. FINANCIAL IMPACT:
A recent history of prices for this product is
Years
Base Price
Est. Annual Cost
Vendor
2007
$95.20/Ton
$133,280.00
Cutler Magner
2008
$99.65/Ton
$139,510.00
Cutler Magner
2009
$112.00/Ton
$156,800.00
Graymont
2010
$120.00/Ton
$168,000.00
Graymont
2011
$120.00/Ton
$168,000.00
Graymont
2012
$124.45/Ton
$174,230.00
Graymont
2013
$143.00/Ton
$200,200.00
Graymont
2014
$154.85/Ton
$216,790.00
Graymont
2015
$160.95/Ton
$225,330.00
Graymont
2016
$166.58/Ton
$233,212.00
Graymont
Funding for the purchase of quick lime is in the 2016 Water Department Budget, line item 51000-6413
(Chemicals).
E. LEGAL CONSIDERATION:
When the purchase of materials, merchandise, equipment or construction exceeds $100,000, authority
to purchase shall be submitted to the City Council for consideration
ALTERNATIVE RECOMMENDATION(Sl:
Council may reject the bid and direct staff to rebid; however, staff believes this is a fair price from a reputable
contractor.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description
D Bid I liirlftes
D l:::tlid "'IC'tilb ulla ioun
Type
l:tackulp lMateir'iial
t,oveir IMeirmno
D t::;ountir«- ct Cove it II' eirmno
CITY OF RICHFIELD, MINNESOTA
Bid Opening
November 12, 2015
2:00 p.m.
Water Treatment Chemicals — Quick Lime
Bid No. 15-10
Pursuant to requirements of Resolution No. 1015, a meeting of the Administrative Staff
was called by Elizabeth VanHoose, City Clerk, who announced that the purpose of the
meeting was to receive, open and read aloud, bids for the Water Treatment Chemicals -
Quick Lime, as advertised in the official newspaper on October 29, 2015.
Present: Elizabeth VanHoose, City Clerk
Butch Lupkes, Utilities Supervisor
Cheryl Krumholz, City Manager Representative
The following bids were submitted and read aloud:
Bidder's Name
Bid
Non-
Intent to
Total Bid
Bond
Collusion
Comply
(per ton)
Graymont, (WI), LLC
Yes
Yes
Yes
$166.58
The City Clerk announced that the bids would be tabulated and considered at the
November 24, 2015 City Council Meeting.
Elizabeth VanHoose City Clerk
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CITY OF RICHFIELD
HENNEPIN COUNTY, MINNESOTA
CONTRACT
Purchase of Quick Lime
Bid No. 15-10
Contract No. 2814
THIS AGREEMENT made this 24th day of November 2015 between the City of
Richfield, Minnesota, acting by and through its Mayor and City Manager, herein called
"The City," and Graymont (WI), LLC, 800 Hill Avenue, Superior, WI 54880, the
"Contractor," witnesseth; that the Contractor, in consideration of the payment of the
contract price therefore, amounting substantially to TWO HUNDRED THIRTY THREE
THOUSAND, TWO HUNDRED TWELVE AND NO/100 ($233,212.00) Dollars agrees to
furnish all materials (except such as are specified to be furnished by the City, if any), all
necessary tools and equipment, and to do and perform all the necessary work and labor
for the full completion of City projects as follows:
Purchase of 1,400 Tons of Quick Lime for the Water Treatment Plant
At 6221 Portland Avenue South
as per specifications, for the price and compensation set forth and specified in the
proposal signed by the Contractor, which is hereto attached and hereby made a part of
this Agreement, all in accordance with the specifications and special provisions
therefore on file in the office of the Utility Superintendent, City of Richfield, and hereby
made a part of this Agreement. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and there respective successors and assigns.
"The contract price is a unit price of $166.58 per ton in calendar year 2016."
The Contractor agrees that the work shall be done and performed in the best and most
workmanlike manner; that all materials and labor shall be in strict conformity in every
respect with the plans, specifications and special provisions for the improvement, shall
be subject to inspection and approval of the City or a duly authorized engineer of the
City, and in case any material or labor supplied shall be rejected by the City or engineer
as defective or unsuitable, then such rejected material shall be removed, and replaced
with approved material and the rejected labor shall be done anew to the satisfaction and
Approval of the City or Utility Superintendent and at the cost and expense of the
Contractor.
Purchase of Quick Lime
Bid No. 15-10
Contract No. 2814
The Contractor further agrees that he will commence work immediately upon receipt of
contract, and will have all work done and the improvement fully completed to the
satisfaction and approval of the City Council of the City of Richfield, Minnesota, as
provided in the specifications.
Time is the essence of this contract for prompt completion and if the Contractor shall fail
to complete the work within the time herein specified, the City shall have the right to
deduct from the unpaid part of the contract price, the amount, or amounts specified in
the specifications, or, if no moneys shall be due the Contractor, to recover damages in
accordance with said specifications, for each and every working day thereafter during
which the contract shall remain unfinished and incomplete, such damages being hereby
agreed upon as liquidated damages in lieu of actual damages occasioned by such
delay, but special provisions, if any, contained in the proposal are also continued in
effect and shall be read and construed as part of this provision as to the completion and
liquidated damages for delay.
It is agreed, however, that upon receipt of written notice from the Contractor of the
existence of causes over which the Contractor has no control and which will delay the
completion of the work, the City Council in its discretion, and in accordance with the
specifications, may extend the date hereinbefore specified for completion, and in such
case the Contractor shall become liable for said liquidated damages only for failure to
perform within the time so extended.
It is agreed, also, that delays caused by the elements or by strikes or other combined
action of workmen employed in the construction or in the transportation of materials, but
in no part caused or resulting from default or collusion on the part of the Contractor,
shall be excused to the extent which the City Council may find and determine such
conditions to have delayed completion within the time limit, but the judgement of the
City Council in fixing such amount shall be final and conclusive upon the parties hereto.
It is distinctly understood and agreed that no claims for extra work done or materials
furnished by the Contractor will be allowed by the City Council except as provided
herein, nor shall the Contractor do any work or furnish any materials not covered by the
plans, specifications, special provisions, and this contract, unless such work is first
ordered in writing, as provided in the specifications.
Any such work or materials which may be done or furnished by the Contractor without
such written order first being given shall be at his own risk, cost and expense, and he
hereby agrees that without such written order he will make no claim for compensation
for work or materials so done or furnished.
2
Purchase of Quick Lime
Bid No. 15-10
Contract No. 2814
It is further agreed, anything to the contrary notwithstanding, that the City of Richfield,
City Council, and its agents or employees shall not be personally liable or responsible in
any manner to the Contractor, Subcontractors, materialmen, laborers, or to any person
or persons whomsoever, for any claim, demand, damages, actions or causes of action
of any kind or character arising out of or by reason of the execution of this Agreement or
the performance and completion of the work and improvement provided herein.
Dated at Richfield, Minnesota, this 24th day of November 2015.
Signatures for Graymont (WO, LLC.
By
Its
Date
By
Its
Date
3
Signatures for City of Richfield, MN
L�
Debbie Goettel, Mayor
Date
a
Steven L. Devich, City Manager
Date
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.D.
STAFF REPORT NO. 189
CITY COUNCIL MEETING
11/24/2015
REPORT PREPARED BY: Chris Link, Operations Superintendent
DEPARTMENT DIRECTOR REVIEW: Kristin Asher, Public Works Director
11/18/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
11/19/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a resolution authorizing execution of MnDOT Agreement No. 1001613
between the Minnesota Department of Transportation and the City of Richfield for traffic control
maintenance of three traffic signals on 76th Street at Trunk Highway No. 35W.
EXECUTIVE SUMMARY:
Currently, the City is responsible for all signal maintenance at the following locations:
• Trunk Highway No. 35W West ramps at 76th Street;
• Trunk Highway No. 35W East ramps at 76th Street; and
• Trunk Highway No. 35W from 76th Street to Girard Avenue S
This proposed signal maintenance agreement would share signal maintenance responsibilities between the
City and Mn/DOT. Under the agreement, the City will be responsible for:
• Energy costs to power the signals;
• Replacing luminaries above the signals;
• Replacing LED indication lights; and
• Painting of the mast arms.
Mn/DOT will be responsible for:
• The operation and maintenance of the signal controller;
• Signal timing;
• Interconnect between signals; and
• Emergency Vehicle Pre-emption (EVP) systems.
The City and Mn/DOT have similar maintenance agreements at other locations in the city.
RECOMMENDED ACTION:
By Motion: Approve the resolution authorizing execution of MnDOT Agreement No. 1001613 between
the Minnesota Department of Transportation and the City of Richfield for shared traffic control
maintenance of three traffic signals on 76th Street at Trunk Highway No. 35W.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
Contained in the Executive Summary.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• The proposed agreement is consistent with the City's Comprehensive Plan to strengthen
coordinated transportation efforts with other communities in the metropolitan area.
• Mn/DOT requires City Council action, by resolution, to enter into an agreement.
C. CRITICAL TIMING ISSUES:
None at this time.
D. FINANCIAL IMPACT:
The City will no longer incur costs related:
• the operation or maintenance of the signal box;
• signal timing;
• operation and maintenance of the EVP system; and
• maintenance of the signal interconnect system.
E. LEGAL CONSIDERATION:
The City Attorney has reviewed the resolution and signal maintenance agreement and will be available for
questions.
ALTERNATIVE RECOMMENDATION(Sl:
• Council may postpone action on this item and direct staff how to proceed.
• Council may choose to modify the agreement; however, the agreement is similar to other signal
agreements with Mn/DOT that the City approved in the past.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description
D Re ;ollutlioirn
Type
Resolution Il....etteir
D INl".)O.11 AgireeirTieint 100'1613 (.,o tracUAgireeirmneint
RESOLUTION NO.
RESOLUTION AUTHORIZING APPROVAL OF MNDOT AGREEMENT NO. 1001613
BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE
CITY OF RICHFIELD FOR TRAFFIC CONTROL SIGNAL MAINTENANCE
WHEREAS, the Minnesota Department of Transportation has prepared a traffic
signal agreement that outlines the responsibilities of the Minnesota Department of
Transportation and the City of Richfield to maintain the traffic control signals, including
emergency vehicle pre-emption system, on Trunk Highway No. 35W West Ramps at
76th Street and Trunk Highway No. 35W East Ramps at Girard Avenue S., and existing
interconnect system on Trunk Highway No. 35W from 76th Street to Girard Avenue S.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Richfield, Minnesota, as follows:
1. That the City of Richfield enter into MnDOT Agreement No. 1001613 with the
State of Minnesota, Department of Transportation for the following purposes:
To provide for power, operation, and maintenance responsibilities for the
existing Traffic Control Signals including Emergency Vehicle Pre-emption
Systems, on Trunk Highway No. 35W West Ramps at 76th Street, and on
Trunk Highway No. 35W East Ramps at Girard Avenue S., and for the
existing Interconnect on Trunk Highway No. 35W from 76th Street to Girard
Avenue S. in the City of Richfield, Hennepin County, Minnesota
2. That the Mayor and City Manager are authorized to execute Agreement No.
1001613 and any amendments to the Agreement.
Adopted by the City Council of the City of Richfield, Minnesota this 24th day of
November, 2015.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
MnDOT Contract No: 1001613
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF RICHFIELD
TRAFFIC CONTROL SIGNAL
MAINTENANCE AGREEMENT
Control Section (C.S.):
Trunk Highway Number (T.H.):
2782
35W = 394
20587 West Ramp
Signal System H)s 38230 East Ramp
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and
City of Richfield acting through its City Council ("City").
Recitals
1. The City and the State wish to define their respective power, operation, and maintenance responsibilities for
the existing Traffic Control Signals ("Signal Systems") including Emergency Vehicle Pre-emption Systems
("EVP Systems"), on Trunk Highway No. 35W West Ramps at 76°i Street, and on Trunk Highway No. 35W
East Ramps at Girard Avenue S., and for the existing Interconnect ("Interconnect") on Trunk Highway
No. 35W from 76tt' Street to Girard Avenue S. in the City of Richfield, Hennepin County, Minnesota; and
2. The City and the State will participate in the power, operation, and maintenance of the existing Signal
Systems, EVP Systems, and hlterconnect.
3. The City will, at its own cost continue to be responsible for all power, operation, and maintenance of the
existing signal system at the intersection of West 76t" Street at Knox Avenue S. in the City of Richfield,
Hennepin County, Minnesota.
4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms
1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 5. Liability; Worker Compensation Claims; Insurance;
7. State Audits; 8. Government Data Practices; 9. Governing Law; Jurisdiction; Venue; and 11. Force
Majeure. The terms and conditions set forth in Article 2. Signal Systems, EVP Systems, and hiterconnect —
Power, Operation, and Maintenance may be terminated by another Agreement between the parties.
-1-
MnDOT Contract No: 1001613
2. Signal Systems, EVP Systems, and Interconnect - Power, Operation, and Maintenance
Power, operation, and maintenance responsibilities will be as follows for the existing Signal Systems and EVP
Systems on Trunk Highway No. 35W West Ramps at 76t" Street (System "A"), and on Trunk Highway No. 35W
East Ramps at Girard Avenue S. (System "B"), and for the existing Interconnect on Trunk Highway No. 35W
from 76t" Street to Girard Avenue S.
2.1. City Responsibilities
A. Power. The City will continue to pay all monthly electrical service expenses necessary to operate the
Signal Systems, EVP Systems, and Interconnect.
B. Minor Signal System Maintenance. The City will provide for the following at its own cost.
i. Maintain the signal pole mounted luminaires, including replacing the luminaires when necessary.
The luminaire must be replaced when it fails or when light levels drop below recommended
AASHTO levels for the installation.
ii. Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each
LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or
no longer meets Institute of Traffic Engineers (ITE) standards for light output.
iii. Clean the Signal Systems controller cabinet and service cabinet exteriors.
iv. Clean and paint the Signal Systems and luminaire mast arm extensions. Painting will be in
accordance with MnDOT Standard Specification 2565.3T, unless approved by the State's District
Traffic Engineer.
2.2. State Responsibilities
A. Interconnect, Signing, Other Maintenance, and Tinting. The State will maintain the Interconnect
(between System "A" and System "B") and signing, and perform all other Signal System, APS, and
signal pole luminaire circuit maintenance at its own cost. All Signal System tinning will be determined
by the State, and no changes will be made without the State's approval.
B. Locating and Ownership. The State will perform all Gopher State One Call locating and as owner
reserves the right to schedule future replacement and relocation.
C. EVP Systems Operation. The EVP Systems will be installed, operated, maintained, and removed
according to the following conditions and requirements:
i. All maintenance of the EVP Systems must be done by State forces.
ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota
Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when
responding to an emergency. The City will provide the State's District Engineer or their designated
representative a list of all vehicles with emitter units, if requested by the State.
iii. Malfunction of the EVP Systems must be reported to the State immediately.
iv. In the event the EVP Systems or its components are, in the opinion of the State, being misused or the
conditions set forth in Paragraph ii, above are violated, and such misuse or violation continues after
the City receives written notice from the State, the State may remove the EVP Systems. Upon
removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the
property of the State.
v. All timing of the EVP Systems will be determined by the State
-2-
MnDOT Contract No: 1001613
2.3. Right of Way Access. Each party authorizes the other party to enter upon their respective public right of way
to perform the power, operation, and maintenance activities described in this Agreement.
2.4. Related Agreements. This agreement will supersede and terminate Agreement No. 91890M, dated January
28, 2008, between the parties, for the intersections of Trunk Highway No. 35W West Ramps at 76th Street,
Trunk Highway No. 35W East Ramps at Girard Avenue S., and West 76`1' Street at Knox Avenue S. in the
City of Richfield, Hennepin County, Minnesota.
3. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
3.1. The State's Authorized Representative will be:
Name/Title: Allan Espinoza, MnDOT Metro District Traffic Engineering, (or successor)
Address: 1500 County Road B2 West, Roseville, MN 55113
Telephone: (651) 234-7812
Fax: (651) 234-7850
3.2. The City's Authorized Representative will be:
Name/Title: Jeff Pearson, Richfield Transportation Engineer (or successor)
Address: Richfield Municipal Center, 6700 Portland Avenue, Richfield, MN 55423
Telephone: (612) 861-9791
Fax: (612) 861-9388
4. Assignment; Amendments; Waiver; Contract Complete
4.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
4.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
4.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the party's right to subsequently enforce it.
4.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
5. Liability; Worlcer Compensation Claims; Insurance
5.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of the City.
5.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
-3-
MnDOT Contract No: 1001613
6. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
7. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor
or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
8. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil
remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City
or the State.
9. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
10. Termination by Mutual Agreement
This Agreement may be terminated by mutual agreement of the parties.
11. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
[The remainder of this page has been intentionally left blank]
-4-
CITY OF RICHFIELD
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances.
By:
Title:
Date:
By:
Title:
Date:
MnDOT Contract No: 1001613
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Traffic Engineer)
Date:
Approved:
By:
(District Engineer)
Date:
COMMISSIONER OF ADMINISTRATION
By:
(With delegated authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
-5-
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.E.
STAFF REPORT NO. 190
CITY COUNCIL MEETING
11/24/2015
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
11/17/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
11/19/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the continuation of the agreement with the City of Bloomington for
the provision of food inspection services for Richfield for the year 2016.
EXECUTIVE SUMMARY:
The City of Bloomington and the City of Richfield have had a contract for over 30 years for Bloomington to
provide inspection and enforcement services in the areas of food, beverage, lodging and public swimming
pools along with plan check work for food services to Richfield.
The last audit conducted by the Minnesota Department of Health on Bloomington and Richfield's food,
beverage and lodging program, which was last conducted in 2010, resulted in both of them being in the top 7
of all 32 licensed jurisdictions in the State of Minnesota and receiving their highest score given.
The proposed contract for 2016 for these services will be $126,500 compared to the 2015 contract
amount of $122,800. This is a 3% increase over the dollar amount paid to Bloomington in 2015.
The increase is tied into increased benefit costs and staff salaries.
RECOMMENDED ACTION:
By motion: Approval of the continuation of the agreement with the City of Bloomington for the
provision of food inspection services for Richfield for the year 2016.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• The City of Bloomington has provided inspection/enforcement services for over 30 years to the
City of Richfield in the area of food, beverage, lodging and public swimming pools.
• The proposed contract for 2016 for these services will be $126,500, compared to the 2015
contract amount of $122,800. This is a 3% increase that is primarily as a result of increased
benefit and salary costs.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• The City of Bloomington has sufficient resources to provide a professional level of inspection
services to Richfield residents. Annual evaluations of their services have shown that they are
providing efficient services in a cost-effective manner.
C. CRITICAL TIMING ISSUES:
• N/A
D. FINANCIAL IMPACT:
• A 3% budget increase had been communicated to Richfield earlier by Bloomington so the amount
of $126,500 has been captured in Richfield's 2016 budget.
E. LEGAL CONSIDERATION:
• The City Attorney has reviewed the contract and has approved of it and its contents.
ALTERNATIVE RECOMMENDATION(Sl:
• The Council could decide to have Richfield provide its own food service inspections, beverage and
lodging and the public swimming pools inspections and plan to check food services; however, the State
would have to approve this change and would likely be concerned about staffing, response and
capacity issues. The cost of hiring the staff necessary to provide the same level of services and
administrative support would be more than the current expenditures and would require a significant
budget increase.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D 2016Il: k.:)oirnliungt.:un l:::good Iinspectlion t: ointirac..A t: ov( it IM eirn'no
AGREEMENT
This Agreement is made this _ day of - 1 2015, by and between the City of
Richfield (hereinafter referred to as "Richfield"') and the City of Bloomington (hereinafter referred
to as "Bloomington").
WHEREAS, Richfield is authorized and empowered to provide for various types of
environmental health inspections and code enforcement to ensure the public health, welfare and
safety; and
WHEREAS, it is the desire of the parties and the purpose of this agreement that certain of
such services be performed by Bloomington on behalf of Richfield;
NOW, THERIHIFORE, in consideration of the mutual covenants and conditions set forth
below, the above parties hereto agree as follows:
1. The term of this Agreement shall be from, January 1, 2016 through December 31, 2016,
subject to termination as provided in paragraph 6.
2. For the term of this Agreement, Bloomington shall provide the following services:
a. Food establishment inspections and code enforcement as necessary. A minimum of
two (2) inspections, will be done of all "high risk" food service establishrricnts, (license
types I and If) and schools per year. "Medium risk" food establishments required to
have a certified food manager (license type 111) will be inspected twice (2) per year.
"Medium risk" food establishments not required to have a certified food manager
(license type IV) and "Low risk" (license type V) food establishments will be inspected
once (1) per year.
b. Plan check and preopening construction inspections for new and remodeled food,
lodging, therapeutic massage and body art establishments.
c. All public swimming pools inspected at least once (1) per year with a goal of two (2)
inspections per year. This is in addition to an opening inspection of all outdoor public
pools at the beginning of the summer swimming season.
d. All lodging establishments inspections, at least once (1) per year.
e. All therapeutic massage and body art establishments inspections at least once (1) per
year.
f. Investigation and resolution of complaints associated with food, lodging, therapeutic
massage and body art establishments and public swimming pools.
3. Bloomington shall have control over the manner in which the inspections, plan review
and code enforcement activities .are conducted and over the deter-nination of what enforcement
action is appropriate and consistent with Richfield City Code Sections 617, 618, 619, 630 and 1188,
and other policies as established by the City of Richfield.
4. Bloomington shall assume the expense of performing the inspections and code
enforcement.
5. In 2016, Richfield shall pay Bloomington the surn of ONE HU-NDRED TWENTY-SIX
THOUSAND, FIVE HUNDRED AND N01100 DOLLARS ($126,500,00) for services provided
pursuant to this, Agreement. One-half of this aMOLmt shall be due on June 30, 2016, and the
remainder shall be due on November 30, 2016.
6. Either party may terminate this Agreement as follows:
a. Upon the expiration of 30 days after service of written notice upon the other party; or
b. At any time, upon agreement of the parties; or
c. In any event on December 31, 2016,
7, In the event of a termination prior to December 31, 2016, a prorata reduction of the
compensation owed by Richfield to Bloomington shall occur which reflects the period remaining on
the Agreement at the time of termination.
8. Bloomington agrees to defend, indemnify and bold harmless Richfield, and its officials,
agents and employees from and against all claims, actions, damages, losses and expenses arising out
of or resulting from Bloomington's performance of the duties required under this Agreement,
provided that any such claim, action, damage, loss or expense is attributable to bodily injury,
sickness, disease, or death or to the injury to or destruction of property including the loss of use
resulting therefrom and is caused in whole or in part by any negligent act or omission or willful
misconduct of Bloomington. This provision shall not be construed as a waiver by either party of any
def'enses, immunities or I imitators on liability with respect to claims made by third parties.
9. Richfield agrees to defend, indemnify and hold harmless Bloomington, and its officials,
agents and employees from and against all clainis, actions, damages, losses and expenses arising out
of or resulting from Richfield's performance of the duties required tinder this Agreement, provided
that any such claim, action, damage, loss or expense is attributable to bodily injury, sickness,
disease, or death or to the injury to or destruction of property including the loss of use resulting
therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct
of Richfield. This provision shall not be construed as a waiver by either party of any defenses,
inuriunities or fimitators, on liability with respect to claims made by third parties.
I O. Bloomington shall carry municipal liability insurance in the amount of at least $500,000
per individual and $1,500,000 per occurrence. Bloomington shall carry property damage liability
insurance in the amount of $1 00,0OOt . Richfield shall be named as an additional insured on
Bloomington's municipal liability policy and a certificate of said insurance shall be provided to
Richfield upon request. Bloomington shall carry Worker's Compensation Insurance as required by
Minnesota Statutes, Section 176.181, ubd. 2 and further agrees to provide a certificate of said
insurance to Richfield upon request.
11. Any employee assigned by Bloomington to perform its obligations hereunder shall
remain the exclusive employee of Bloomington for all purposes including, but not limited to,, wages,
salary and employee benefits.
12. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon request,
also provide for and on behalf of Richfield elevated blood lead case environmental assessment and
sample laboratory analysis services.
Such services shall be paid for by Richfield at the hourly rate of $62.00 per hour plus the direct cost
of all laboratory sample analysis, and said hourly rate shall be separate from, and in addition to, the
payment provided for by Paragraph 5 of this Agreement. All other provisions of this Agreement
shall remain applicable with respect to the lead assessment services being provided.
13. It is agreed that nothing herein contained is intended or should be construed in any
manner as creating or establishing the relationship of co-partners between the parties hereto or as
constituting the persons, employed by Bloomington as the agent, representative or employee of
Richfield for any purpose or in any manner whatsoever. Bloomington is to be and shall remain an
independent contractor with respect to all services performed under this contract. Bloomington
represents that it has, or will Secure at its own expense, all personnel required in performing
services under this contract. Any and all personnel of Bloomington or other persons, while engaged
in the performance of any work or services required by Bloomington under this contract, and shall
not be considered employees of Richfield, and any and all claims that may or might arise under the
WorkersCompensation Act of the State of Minnesota on behalf of said personnel or other persons
while so engaged, and any and all claims whatsoever on behalf of any such person or personnel
arising out of employment or alleged employment including, without limitation, claims of
discrimination against Bloomington, its officers, agents contracts or employees shall in no way be
the responsibility of Richfield; and Bloomington shall defend, indemnify and hold Richfield, its
officers, agents and employees harmless from any and all such claims regardless of any
determination of any pertinent tribunal, agency, board, commission or court. Such personnel or
other persons shall not require nor be entitled to any compensation, rights, or heriefits of any kind
whatsoever from Richfield, including, without limitation, tenure rights, medical and hospital care,
sick and vacation leave, Workers" Compensations, Unemployment Compensation, disability,
severance pay and PERA..
1.4. The books, records, documents, and accounting procedures of Bloomington relevant to
this Agreement, are subject to examination by Richfield and either the legislative or state auditor as
appropriate, pursuant to Minnesota Statutes, Section 16C.O�5, Subd. 5.
15. This Agreement represents the entire Agreement between Bloomington and Richfield
and supersedes and cancels any and all prior agreements or proposals, written or oral, between the
parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications
to the terms and conditions of this Agreement shall be in writing and signed by both parties.
16, The City of Bloomington and the City of Richfield agree to comply with the Americans
with Disabilities Act (ADA) including all applicable provisions of Title II — Public Services and in
accordance with 28 C.F.R. Part 35 Subpart B -- Section 35.130 of the US Department of Justice
Regulations, Section 504 of the Rehabilitation Act of 1973, and not discriminate on the basis of
disability in the admission or access to, or treatment of employment in its services, programs, or
activities. The City of Bloomington agrees to hold harmless and indemnify the City of Richfield
from costs, including but not limited to damages, attorney's fees and staff time, in any action or
proceeding brought alleging a violation of ADA and/or Section 504 caused by Bloomington. Upon
request accommodation will be provided to allow individuals with disabilities to participate in all
services, programs and activities. The City of Bloomington agrees to utilize its own text telephone
or the Minnesota TTY Relay Service in order to comply with accessibility requirements. The City
of Richfield luras designated coordinators to rnellitate compliance with the Anwricans wit/
Disabilities Act of 1990, as required by 28 C.F.R. Part 35 Subpart B - 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 I fousing and
Urban Development regulations.
17. The City of Bloomington and the City of 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 Conflict Resolution Center, 2101
Hennepin Avenue South; Suite 1001 , Minneapolis, Minnesota, 55405. 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.
18. Both parties agree to comply with all applicable state, federal and local laws, rules, and
regulations.
IN WITNESS WHEREOF, the parties have set forth their!Ands on the day and year first
written above.
FOF
CITY OF
DATED:
Its Mayor
DATED: BY: . ...... .. .... ....
_"z...... ...
its City Manager"' F"'
Reviewed and approV by the City Attorney.
City Attorney
DATED:
DATED1 :
CITY OF RICHFIELD
B Y:
Its Mayor
BY:
Its City Manager
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.F.
STAFF REPORT NO. 191
CITY COUNCIL MEETING
11/24/2015
REPORT PREPARED BY: Betsy Osborn, Support Services Manager
DEPARTMENT DIRECTOR REVIEW: Jay Henthorne, Public Safety Director
11/17/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
11/19/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of approval of the 2015-2016 contract with the City of Bloomington, using public health
emergency preparedness grant funds distributed by a federal grant from the Centers for Disease
Control, to provide services in the area of public health emergency preparedness/Bioterrorism and the
development of a response system.
EXECUTIVE SUMMARY:
The City of Richfield has had a Public Health Emergency Preparedness contract with the City of Bloomington
to provide public health emergency preparedness services on Richfield's behalf for twelve years. This is
Richfield's 2015-2016 contractual agreement with Bloomington that requires City Council approval.
The City of Richfield will receive $36,800 for the grant cycle which runs from July 1, 2015 - June 15, 2016.
The contract with the City of Bloomington for this same period of time for public health emergency
preparedness is in the amount of $33,800 with a second amount of $12,000 being passed through directly to
Bloomington to meet the Cities Readiness Initiative (CRI) which is intended to be used metro wide to
regionally fund public health emergency preparedness planning, exercise, training and activities. A remaining
amount of $3,000 is retained by Richfield for our staff time, training, planning and exercise in public health
emergency preparedness activities.
RECOMMENDED ACTION:
By Motion: Approve the 2015-2016 contract with the City of Bloomington, using federal grant funds, to
provide services in the area of public health emergency preparedness/Bioterrorism and the
development of a response system.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The State of Minnesota has received funds from the federal government (Centers for Disease Control) to
be used in developing agencies' public health emergency preparedness/response to Bioterrorism or a
large public health disease outbreak. This is part of a nationwide effort to respond to serious public
health emergencies. There are specific requirements in the grant in the areas of coordination,
assessment, planning and exercise, response surveillance, Health Alert Network, risk communication
training and providing services and activities to improve the mass dispensing of medicines and medical
supplies through the Cities Readiness initiative.
Richfield continues to pool these federal grant dollars with Bloomington and Edina with a portion of these
funds used to support a Public Health Emergency Preparedness Coordinator for the three cities. Nick
Kelley, Public Health Emergency Preparedness Coordinator, is representing the Tri City area
(Bloomington, Edina and Richfield) and has been regularly meeting with Richfield and Edina health staff
to plan and develop the requirements of the grant funds.
B. POLICIES (resolutions, ordinances, regulations, statutes, etcy
The City of Richfield became a Local Public Health Agency (LPHA) in 1977, which makes the City
eligible to receive these grant funds to use in the development of a public health emergency response
system specific to Richfield and its needs.
C. CRITICAL TIMING ISSUES:
These funds are part of a nationwide effort by the Federal government to respond to serious public health
emergencies, to include threats of Bioterrorism.
D. FINANCIAL IMPACT:
Funds being used are those given to Richfield as an LPH agency, from the federal government, to
develop a system responding to public health emergency preparedness and Bioterrorism threats.
E. LEGAL CONSIDERATION:
• The City must comply with the requirements of the grant in order to receive grant funds.
• The City Attorney has reviewed the contents of the contract and has approved it.
ALTERNATIVE RECOMMENDATION(B)LI
The City Council could decide not to approve the contract with the City of Bloomington for the services of a
Public Health Emergency Preparedness Coordinator in developing a public health emergency
preparedness/Bioterrorism plan. This would mean that the City would have to hire a staff person to assume
some of the grants responsibilities, which cannot be met with current City staffing levels and would result in a
significant budget increase.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D Pu.rlUllic Il....ieallip[n IE irn'neirqei ncy ll::uirepaire mess t:mointr�..id t:: of ntiracMgireeirneii' i
AGREEMENT BETWEEN
THE CITIES OF BLOOMINGTON AND RICHFIELD
FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO BIOTERRORISM
THIS AGREEMENT is made this day of , 2015 between
the City of Bloomington, acting through its Public Health Division, a Minnesota municipal
corporation, located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431
(hereinafter referred to as "Bloomington"), and the City of Richfield, a Minnesota municipal
corporation, located at 6700 Portland Avenue, Richfield, Minnesota 55423 (hereinafter referred to
as "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 Public Health Emergency
Preparedness Services to respond to bioterrorism, infectious diseases, and other threats to public
health including, but not limited to coordination, assessment, planning and exercise, response,
surveillance, Health Alert Network (HAN), and training (hereinafter referred to as "PH Emergency
Preparedness Services"); and provides services and activities to improve the mass dispensing of
medicines and medical supplies through the Cities Readiness Initiative (hereinafter referred to as
"CRI Duties"); and
WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents
by providing public health emergency preparedness, and CRI planning activities, and to contract
with Bloomington, through its Division of Public Health, to provide such services to residents of
Richfield; and
NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the
parties agree as follows:
I. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2015 through June 30, 2016, subject to
termination as provided in Article V.
II. DUTIES OF PARTIES
A. Bloomington shall provide residents of Richfield with the PH Emergency Preparedness
Services as further described in Exhibit A attached.
1
B. It shall be the sole responsibility of Bloomington to determine the qualifications, functions,
training, and performance standards for all health service personnel who render PH
Emergency Preparedness Services and CRI Duties under this Agreement.
C. Bloomington will communicate with Richfield relative to PH Emergency Preparedness
Services and CRI Duties to be performed hereunder by Bloomington, such
communication to be in the form of reports, conferences, or consultations, as Richfield
requests.
D. At Richfield's request, and not more than two (2) times during the term of this
Agreement, responsible administrative officers from Bloomington 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 PH Emergency
Preparedness Services and CRI Duties rendered under this Agreement.
E. The parties shall defend, indemnify and hold each other and their officials, employees and
agents harmless from any and all claims, causes of action, lawsuits, damages, losses, or
expenses, including attorney fees, arising out of or resulting from the other's (including
officials, agents or employees) performance of the duties required under this Agreement,
provided that any such claim, damages, loss or expense is attributable to bodily injury,
sickness, diseases or death or to injury to or destruction of property including the loss of
use resulting therefrom and is caused in whole or in part by any negligent act or omission
or willful misconduct of the acting party.
F. It is agreed that nothing herein contained is intended or should be construed in any
manner as creating or establishing the relationship of copartners between the parties
hereto or as constituting Bloomington's staff as the agents, representatives or employees
of Richfield for any purpose in any manner whatsoever. Bloomington and its staff are to
be and shall remain an independent contractor with respect to all services performed
under this Agreement. Bloomington represents that it has, or will secure at its own
expense, all personnel required in performing services under this Agreement. Any and all
personnel of Bloomington or other persons, while engaged in the performance of any work
or services required under this Agreement, shall not be considered employees of Richfield,
and any and all claims that may or might arise under the Workers' Compensation Act of
the State of Minnesota on behalf of said personnel or other persons while so engaged,
and any and all claims whatsoever on behalf of any such person or personnel arising out
of employment or alleged employment including, without limitation, claims of discrimination
against Bloomington, its officials, agents, contractors or employees shall in no way be the
responsibility of Richfield; and Bloomington shall defend, indemnify and hold Richfield, its
2
officers, agents and employees harmless from any and all such claims regardless of any
determination of any pertinent tribunal, agency, board, commission or court. Bloomington
personnel shall not require be entitled to any compensation, rights or benefits of any kind
whatsoever from Richfield, including, without limitation, tenure rights, medical and hospital
care, sick and vacation leave, Workers' Compensation, Unemployment Compensation,
disability, severance pay and PERA.
G. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota
Statutes, Chapter 363A, as amended.
H. To the extent allowed by law, the parties agree to maintain, during the entire term of this
Agreement, the following insurance coverages, in an amount equal to, or greater than, the
minimum limits described below. Neither party shall allow any subcontractor to commence
work until all insurance has been obtained and copies have been filed and accepted by the
other party. All respective insurance must be provided at each party's own expense and
at no additional cost to the other party.
1. Commercial General Liability - Bodily injury in the amount of at least
$500,000 per individual and $1,500,000 per occurrence for injuries or death
arising out of each occurrence. In the alternative, each party may maintain
a general aggregate of at least $2,000,000.
2. Property Damage Liability - Property damage liability in the amount of
$1,500,000 for each occurrence.
3. Automotive Liability — Automotive liability in the amount of $500,000 per
individual and $1,500,000 per occurrence for any injuries, including death,
arising out of each occurrence and property damage coverage of
$1,500,000 for each occurrence.
4. Workers Compensation — Each party shall carry Workers Compensation
Insurance as required by Minnesota Statutes, Section 176.181, subd. 2.
5. Professional Liability — Each party agrees to maintain professional liability
insurance in the amount of at least $1,000,000 during the term of this
Agreement.
6. Additional Insured — Each party further agrees to name the other party as
additional insured on its Commercial General Liability policy, and to provide
an endorsement of such status to the other party before any work on this
project may commence.
7. Notification/Cancellation — Each party agrees to notify the other party thirty
(30) days prior to cancellation or a change in any of the aforementioned
insurance policies.
I. Bloomington agrees that Richfield will own and have the right to use, reproduce and apply
as it desires, any data, reports, analyses and materials which are collected or developed
by Bloomington or anyone acting on its behalf as a result of this Agreement.
3
III. PAYMENT
A. Richfield agrees to pay to Bloomington the not -to -exceed amounts of THIRTY THREE
THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($33,800.00) for PH Emergency
Preparedness Services, TWELVE THOUSAND AND NO/100 DOLLARS ($12,000.00) for
CRI Duties, and FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) for Ebola
Response Duties, for a total not -to -exceed amount of FIFTY THOUSAND EIGHT
HUNDRED AND NO/100 DOLLARS ($50,800.00) during the term of this Agreement, to be
paid according to the following terms:
1. Bloomington shall bill Richfield for PH Emergency Preparedness Services identified on Exhibit
A as follows:
Invoice Date
Amount
Upon Contract Execution
$12,700
December 1, 2015
$12,700
March 1, 2016
$12,700
June 1, 2016
$12,700
Payment shall be made within thirty (30) days of receipt by Richfield of
Bloomington's invoice.
2. In the event Richfield desires to inspect the financial books and records of
Bloomington related to the providing of PH Emergency Preparedness Services and
CRI Duties 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, upon reasonable
request during business hours.
3. In the event of termination pursuant hereto, the payment next due shall be prorated
and paid for only the period ended on the date of termination, and Richfield shall
pay such reduced payment for the period ended on the date of termination, within
thirty (30) days after receipt of Bloomington's invoice.
IV. GENERAL PROVISIONS
A. Entire Agreement. This Agreement represents the entire Agreement between the parties
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,
11
alterations, or modifications to the terms and conditions of this Agreement shall be in
writing and signed by both parties.
B. Americans With Disability Act. The parties agree to comply with the Americans With
Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate
on the basis of disability in the admission or access to, or treatment of employment in its
services, programs, or activities. The parties agree to hold harmless and indemnify the
other from costs, including but not limited to damages, attorney's fees and staff time, in
any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by
Bloomington. Upon request accommodation will be provided to allow individuals with
disabilities to participate in all services, programs and activities. The parties have
designated coordinators to facilitate compliance with the Americans with Disabilities Act of
1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to
coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by
Section 8.53 of the U.S. Department of Housing and Urban Development regulations.
C. Minnesota Government Data Practices Act. The parties will comply with all applicable
provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota
Statutes, as amended.
D. Applicable Laws. This Agreement shall be interpreted using the laws of the State of
Minnesota. The parties agree to comply with all applicable local, state and federal laws,
rules, regulations and ordinances in the performance of the duties of this Agreement.
E. Assignment. This Agreement shall not be assignable except with the written consent of
the parties.
F. Examination of Documents. The books, records, documents, and accounting procedures
of Bloomington, relevant to this Agreement, are subject to examination by Richfield, and
either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes,
Section 16C.05, Subdivision 5.
G. Mediation. Both parties 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 Conflict Resolution Center, 2101 Hennepin
Avenue, Suite 100, Minneapolis, MN 55405. 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.
H. Payment of Subcontractors. Bloomington agrees that it must pay any subcontractor within
9
ten (10) days of the prime contractor's receipt of payment from the municipality for
undisputed services provided by the subcontractor. Bloomington agrees that it must pay
interest of 1-1/2 percent per month or any part of a month to the subcontractor on any
undisputed amount not paid on time to the subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of
less than $100, the prime contractor shall pay the actual penalty due to the subcontractor.
A subcontractor who prevails in a civil action to collect interest penalties from a prime
contractor must be awarded its costs and disbursements, including attorneys fees,
incurred in bringing the action.
I. Adherence to City Policies. Bloomington agrees, as a condition of being awarded this
Agreement, to require each of its agents, officers and employees to abide by the City of
Richfield's policies prohibiting sexual harassment, firearms and smoking, as well as all
other reasonable work rules, safety rules or policies regulating the conduct of persons on
City of Richfield property at all times while performing duties pursuant to this Agreement.
Bloomington agrees and understands that a violation of any of these policies or rules
constitutes a breach of the Contract and sufficient grounds for immediate termination of
the Agreement by Richfield.
J. Severability. If any provision or term of this Agreement for any reason is declared invalid,
illegal or unenforceable such decision shall not affect the validity of any remaining terms or
conditions in this Agreement.
K. Signatory. Each person executing this Agreement on behalf of a party hereto represents
and warrants that such person is duly and validly authorized to do so on behalf of such
party, with full right and authority to execute this Agreement and to bind such party with
respect to all of its obligations hereunder. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which taken together
shall constitute but one and the same instrument.
V. TERMINATION
Either party may terminate this Agreement for any reason upon giving thirty (30) days' advanced
written notice to the other party.
The parties reserve the right to cancel this Agreement at any time in event of default or violation
by the other party of any provision of this Agreement. The parties may take whatever action at
law or in equity that may appear necessary or desirable to collect damages arising from a default
or violation or to enforce performance of this Agreement.
6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
DATED:
Reviewed and approved by the City Attorney.
City Attorney
DATED:
DATED:
7
CITY OF BLOOMINGTON
M
Its City Manager
CITY OF RICHFIELD
BY:
Its Mayor
BY:
Its City Manager
Exhibit A:
PH Emergency Preparedness Services
In collaboration with Richfield's staff, Bloomington will provide the following services:
Develop a work plan for incorporating the grant duties listed in this Exhibit A. Bloomington
and Richfield shall work with the regional Public Health Preparedness Consultants
(assigned by the Minnesota Department of Health (MDH)) to gain approval for Richfield's
work plan.
2. Complete and submit Capability Planning Guide (CPG) to MDH.
3. Complete and submit Performance Measure data elements as required by the Centers for
Disease Control and Prevention (CDC).
4. Continue building community support within the city of Richfield, while assuring functional
and access needs of at -risk individuals are addressed. Present to community
organizations or groups who are not familiar with public health's response and recovery
roles.
5. Continue to build partnerships within the city of Richfield, based on gaps with the eleven
(11) CDC -defined community sectors, while assuring functional and access needs of at -risk
individuals are addressed. Focus will be on those sectors with which increased
engagement would exhibit the greatest benefit to response and recovery roles.
6. Integrate public health emergency preparedness (PHEP) into regular agency work through
activities such as new employee orientation, annual refresher for Richfield's staff on
emergency response roles and plans, etc. Foster connections with Richfield's staff working
on related activities (e.g., disease prevention and control staff, immunization staff,
environmental health staff).
7. Continue working on Richfield's preparedness and recovery plan components, (sections,
annexes, appendices, etc.) that are identified as priorities.
8. Incorporate the Behavioral Health Strike Teams Fact Sheet (which describes the support
and services the Teams can provide and how and when to access them) into All Hazard
Plans appropriate for the city of Richfield.
9. Locate and review Richfield's Business Continuity Plan/Continuity of Operations Plan
(COOP Plan).
10. If a COOP Plan exists, assure that information about Bloomington's and Richfield's public
health roles and responsibilities for PHEP response and recovery are accurate.
11. Participate in the statewide full-scale exercise on March 29, 2016. This participation will
fulfill one (1) exercise requirement as mandated by MDH.
12. Based on the PHEP capabilities, participate in the planning, conduct, and evaluation of one
additional exercise (tabletop, functional or full scale) that includes public health objectives.
When possible, Healthcare Coalition (consisting of healthcare organizations, public safety
and public health agencies) partners will be included. The exercise should include the
needs of at -risk individuals.
13. Based on the PHEP capabilities, write after action reports/improvement plans (AAR/IPs)
from exercises and significant incidents, continuing to document the status or completion of
corrective actions from AAR/IPs from the past year. Retain this document for use in
planning further exercises and later review as needed. Community Health Boards (CHBs)
will report on completed corrective actions, based on tier, on End of Year Report.
14. Assure appropriate National Incident Management System (NIMS) training for Richfield's
staff, following the CDC guidelines (outlined in PHEP Capability 3, Function 2, Resource
Element S1 (priority)). Maintain appropriate NIMS training plan for Richfield's current and
new staff.
15. Assure Multi-year Training and Exercise Plan is coordinated with the CHB Activities listed
in Budget Period 4 (BP4) work plan.
16. Include at least one (1) leadership level position (CHB Administrators, Local Health
Department (LHD) Directors, and other key agency leadership) from each CHB for
participation in Public Health Incident Leadership training (MDH — University of Minnesota
(UMN) developed training).
17. Identify Bloomington's role in supporting fatality management in the city of Richfield. MDH
has developed a guide to the Public Health role in Fatality Management. Assure
Bloomington's role is documented in Richfield's preparedness and response plans.
18. Acknowledge all State Health Alerts and Advisories. Transmit these Alerts and Advisories
to local Health Alert Network recipients as requested by MDH within one (1) hour of receipt
for Alerts and 24 hours for Advisories.
19. Communicate (separate from the Health Alert Network (HAN) messages) with the primary
contact at each hospital or clinic at least once a year to confirm hospital's responsibilities
when hospital contact receives a HAN message.
20. Request acknowledgement of every HAN message from hospital and clinic contacts.
Submit response rates on two (2) MDH-selected messages. Report rates on these two (2)
messages at Mid -Year or End of Year in the MDH Report Workbook. Distribute Health
Alerts and Advisories to listed recipients. Request both acknowledgement and forwarding
of message by hospital and clinic contacts every time. Monitor response rates. Work
towards a target response rate of 100% for hospitals and 80% or more for clinics, within
one (1) hour for Health Alerts and 24 hours for Health Advisories. If unable to reach those
response rates, identify the barriers and work with MDH on possible technical assistance
needs or the feasibility of participating in a Quality Improvement (QI) project.
21. Identify the lead agency for mass care within the city of Richfield on the Mid -Year Report
(December 31, 2015).
22. Based on Richfield's priorities and previously identified roles and responsibilities,
participate in local emergency management mass care planning.
23. Review and update Richfield's point of dispensing (POD) information in the medical
countermeasures (MCM) tab in MDH Work Plan and Report Workbook.
24. Maintain POD plans that allow Richfield to provide prophylaxis to 100% of its residents
(CDC Benchmark).
25. Assure Bloomington and Richfield staff have appropriate MCM training based on roles and
responsibilities.
26. Participate in regional discussions to discuss staffing gaps and other models for staffing
MCMs for an initial 48 hour response time and for longer duration responses. Provide the
results of those discussions to MDH on the Mid -Year Report by December 31, 2015.
27. Continue working with other LHDs in the Twin Cities Metro Area to ensure and maintain
public health representation on the Regional Healthcare Coalition Steering Committee.
28. Representatives to the Regional Healthcare Coalition Steering Committee must regularly
provide information to public health directors and emergency preparedness coordinators in
their region.
29. Identify the content and the process used to develop the Regional Healthcare Coalition's
All -Hazard Plan, through a regional discussion.
30. Facilitate or participate in discussions about healthcare (hospital) surge in the city of
Richfield.
31. Describe and support Richfield's efforts to build on Essential Services planning by
facilitating discussions with county/city social services departments/sections about how to
connect Richfield residents placed in Isolation or Quarantine into the social systems
network (governmental, volunteer organizations active in disasters (VOADS), faith
communities, etc.) to help build a strong infrastructure and support to help these residents
during this time.
32. MN Responds Medical Reserve Corp (MRC) administrators will communicate with
registered volunteers on a regular basis. Examples of communication could include: MN
Responds MRC communications, written materials, training/volunteer/exercise
opportunities, emergency preparedness news, information on public health initiatives, etc.
Call -down drills do not qualify as retention communication.
33. Test volunteer notification by conducting a call down drill, based on Bloomington's choice of
scenario.
34. If a statewide MN Responds MRC conference is held and local funds are sufficient to
support attendance, the primary MN Responds MRC administrator would be required to
attend this conference.
35. Complete the Operational Readiness Review (ORR) and the jurisdictional data sheet, as
designated by CDC. Documentation must be submitted two (2) weeks prior to the site visit.
36. Participate in ORR site visit, as designated by CDC. Schedule and due date are to be
determined by CDC and MDH, in consultation with Bloomington.
37. By April 24, 2016 (or date to be determined by MDH to comply with CDC determined due
date), complete three (3) drills from list of CDC drills on the PHEP Cooperative Agreement
Online Data Collection Submissions DCARS portal, upload drill data to the DCARS portal,
and submit the adapted AAR/IP to the health.phep@state.mn.us email account.
38. Conduct a minimum of two (2) tactical communications drills between all management
sites, testing varying modes of communications, and submit the adapted AAR/IP within 60
days of the drill to the health.phep@state.mn.us email account.
39. Conduct two (2) Call Downs drills of all staff needed to oversee staff POD planning
department operations center (DOC) management and submit the adapted AAR/IP within
60 days of the drill to the health.phep@state.mn.us email account.
40. Provide culturally -specific training and technical assistance for community recovery
psychosocial service providers in the city of Richfield to ensure the provision of culturally -
responsive recovery services as part of Ebola preparedness efforts.
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 6.G.
STAFF REPORT NO. 192
CITY COUNCIL MEETING
11/24/2015
REPORT PREPARED BY: Jim Topitzhofer, Recreation Services Director
DEPARTMENT DIRECTOR REVIEW: Jim Topitzhofer, Recreation Services Director
11/17/2015
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: Steven L. Devich
11/19/2015
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the amendment to the City of Richfield's 2012-2015 Municipal
Recycling Grant application and agreement with Hennepin County.
EXECUTIVE SUMMARY:
Hennepin County is seeking City action on our current municipal recycling agreement vvhich expires
December 31, 2015. The attached amendment extends the agreement one year, to terminate on December
31, 2016.
Another provision of the amendment requires the City of Richfield to operate its recycling program in
accordance with the requirements described in the County's Residential Recycling Funding
Policy, attached as attachment A These requirements involve the distribution of a recycling guide to
residents and at least two educational opportunities to promote recycling.
These are the same requirements listed in the original recycling grant and has been already been
performed by the City each year.
RECOMMENDED ACTION:
By motion: Approve the amendment to the City of Richfield's 2012-2015 Municipal Recycling Grant
application and agreement with Hennepin County.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
The City of Richfield receives a municipal recycling grant from Hennepin County each year to
coordinate recycling initiatives. Because the City of Richfield does not directly contract recycling
services for residents, 90% of this grant is credited back to Richfield residents as a quarterly utility bill
refund and 10% is used by the City to cover administrative costs of the recycling program. The City of
Richfield's annual waste -tonnage report to Hennepin County serves as the application for the
program. The original agreement is attached.
B. POLICIES (resolutions, ordinances, regulations, statutes. etch
City Council considers all contracts and agreements such as the attached amendment to the 2012-2015
Municipal Recycling Agreement with Hennepin County.
C. CRITICAL TIMING ISSUES:
The original 2012-2015 Municipal Recycling Agreement with Hennepin County terminates on December
31, 2015. Action on the attached amendment is required now to extend the grant one year, to expire on
December 31, 2016.
D. FINANCIAL IMPACT:
The City of Richfield receives a grant in the amount of about $85,000 per year from Hennepin County to
perform recycling services. Because the City has open recycling and does not contract recycling
services, 90% of the amount received from the Hennepin County Grant is returned to Richfield residents
via a credit to their utility bill. 10% of the grant covers the City's expense to distribute a recycling guide
to residents and to conduct education programs to promote recycling.
E. LEGAL CONSIDERATION:
The City Attorney has reviewed the attached amendment.
ALTERNATIVE RECOMMENDATIONS .
Reject the attached amendment to refuse grant funds from Hennepin County and reimbursement for recycling
services to residents.
PRINCIPAL PARTIES EXPECTED AT MEETING:
There are no principal parties expected at the meeting.
ATTACHMENTS:
Description Type
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D Attaclhi rneirnt A IReN,cycllliirng I1::: u.rrn61 ng Polhcy t: oven- IMeirno
D Oirligliu°nell 2012 2015 lRecycllliirng GiraintAgireeirmne int t: oveir lMeirnno
AMENDMENT NO. 1 TO AGREEMENT A120129
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 Environment and Energy Department, 701 Fourth Avenue South, Minneapolis,
Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF RICHFIELD, 6700 Portland
Avenue South, Richfield, Minnesota 55423-2599 ("CITY").
WHEREAS, the COUNTY and the CITY entered into a four-year Residential Recycling
Grant Agreement, Contract No. A120129 ("Agreement"), for a residential recycling grant
commencing on January 1, 2012; and
WHEREAS, the County Board, by Resolution No. 15-0216 adopted on June 16, 2015,
amended the Hennepin County Residential Recycling Funding Policy to incorporate
requirements to expend additional SCORE funds on organics recycling, extended the period
from December 31, 2015 to December 31, 2016, and authorized grant funding for municipal
recycling programs consistent with said policy; and
WHEREAS, the parties desire to amend the Agreement to extend the term and
incorporate other changes;
NOW, THEREFORE, the parties agree that Agreement A120129 is amended as follows:
Paragraph a. of Section 1, TERM AND COST OF THE AGREEMENT, shall be
amended to read as follows:
This Agreement shall commence upon execution and terminate on
December 31, 2016.
2. Section 2, SERVICES TO BE PROVIDED, shall be amended to read as follows:
The CITY shall operate its recycling program in accordance with the requirements
described in the County's Residential Recycling Funding Policy ("Policy"), attached as
Attachment A and incorporated by this reference, and fulfill the responsibilities of the
Policy.
3. Section 3, METHOD OF PAYMENT, shall be amended to read as follows:
The COUNTY will distribute SCORE funds as described in the Policy. The CITY
shall follow the requirements for use of funds described in the Policy.
Except as amended, the terms, conditions and provisions of this Agreement shall remain in full
force and effect.
COUNTY BOARD AUTHORIZATION
Reviewed by the County Attorney's COUNTY OF HENNEPIN
Office STATE OF MINNESOTA
Assistant County Attorney
Date:
Recommended for Approval
By:
Director, Environment and Energy Department
Date:
Chair of Its County Board
ATTEST:
Deputy/Clerk of County Board
Date:
By:
David Hough, County Administrator
Date:
By:
Assistant County Administrator, Public Works
Date:
MUNICIPALITY
CITY warrants that the person who executed
this Agreement is authorized to do so on behalf of
CITY as required by applicable articles,
bylaws, resolutions or ordinances.*
Printed Name:
Signed:
Title:
Date:
*CONTRACTOR shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the
signatory's delegation of authority. This documentation shall be submitted at the time CONTRACTOR returns the Agreement
to the COUNTY. Documentation is not required for a sole proprietorship.
Attachment A
Hennepin County
Residential Recycling
Funding Policy
January 1, 2012 — December 31, 2016
Public Works
Environment and Energy Department
Adopted November 29, 2011, Revised June 16, 2015
I. Policy Description
The Hennepin County Board of Commissioners determined that curbside collection of
recyclables from Hennepin County residents is an effective strategy to reduce reliance on
landfills, prevent pollution, reduce the toxicity of waste, conserve natural resources and energy,
improve public health, support the economy, and reduce greenhouse gases. Therefore, the county
adopted the goals established by the Minnesota Pollution Control Agency (MPCA) in its
Metropolitan Solid Waste Management Policy Plan and developed a Residential Recycling
Funding Policy to help reach a 75% recycling rate by 2030.
The county will distribute all Select Committee on Recycling and the Environment (SCORE)
funds received from the state to cities for curbside collection of residential recyclables, including
organics. If cities form a joints powers organization responsible for managing a comprehensive
recycling and waste education system for the residents of those cities, the county will distribute a
recycling grant to that organization. Cities are expected to fulfill the conditions of the policy.
Length of Residential Recycling Funding Policy
Hennepin County is committed to implement this policy and continue distributing all SCORE
funds received from the state for the purpose of funding curbside residential recycling programs
from January 1, 2012 through December 31, 2016. The county may revise this policy if it
determines changes are needed to assure compliance with state law and MPCA goals established
for metropolitan counties. In the event that SCORE funds are eliminated from the state budget or
significantly reduced, the county will consult with cities to develop a subsequent
recommendation for the county board that will continue this policy and fund curbside recycling
programs.
Fund Distribution
The county will distribute to the cities one hundred percent (100%) of SCORE funds that the
county receives from the state. SCORE funds are based on revenue collected by the State of
Minnesota from the solid waste management (SWM) tax on garbage services. SCORE funds are
subject to change based on actual SWM revenue and the funds allocated by the State Legislature.
Funds distributed to cities for the current calendar year will be based on SCORE funds received
by the county in the state's corresponding fiscal year.
In 2014 the State Legislature allocated additional funds to SCORE in 2015 and 2016. Beginning
in fiscal year 2015 and continuing thereafter, of any money distributed that exceeds the amount
the county received in fiscal year 2014, 50 percent must be expended on organics recycling.
1
II. Recycling
Allocation of Funds
The following formula will be utilized to determine each city's recycling SCORE grant each
year.
# of households with
curbside recycling in city X Total SCORE funds = Recycling grant amount
--------------------------------- available for available to the city
Total # of households with recycling
curbside recycling in county
Eligible households are defined as single family through eight-plex residential buildings or other
residential buildings where each housing unit sets out refuse and recycling containers for
curbside collection. The cities will determine the number of eligible households by counting the
number of households with curbside recycling service on January 1 of each funding year. The
number will be reported in the application for funding.
The total SCORE grant available for recycling will equal the 2014 base year amount plus 50
percent of additional SCORE funds. If the total SCORE funds are less than the 2014 base year,
100 percent of those funds will be available for recycling.
The grant can be used for recycling program expenses including capital and operating costs.
Expenses associated with residential collection of organics are eligible recycling program
expenses. However, yard waste expenses are ineligible. If organics and yard waste are
commingled, the organics expenses must be tracked separately.
Responsibilities of Cites
A. Grant Agreement
Each city seeking funding under the terms of the Residential Recycling Funding Policy must
enter into a Residential Recycling Grant Agreement with the county for a term concurrent with
the expiration of this policy, December 31, 2016. The grant agreement must be accompanied by
a resolution authorizing the city to enter into such an agreement.
B. Application for Funding
Each city must complete an annual application by February 15 to receive funding for that year.
The application consists of the Re-TRAC web -based report and a planning document submitted
to the county describing the programs or activities the applicant will implement to increase
recycling and make progress toward recycling goals.
C. Minimum Program Performance Requirements
2
1. Collection of Recyclables. Cities that contract for curbside recycling services will require a
breakout of the following expenses when renewing or soliciting bids for new recycling
services:
a) containers — if provided by the hauler
b) collection service
c) processing cost per ton
d) revenue sharing
2. Materials to be Collected. At a minimum, the following materials must be collected curbside:
a) Newspaper and inserts;
b) Cardboard boxes;
c) Glass food and beverage containers;
d) Metal food and beverage cans;
e) All plastic containers and lids, #1 — Polyethylene Terephthalate (PET, PETE), #2
High Density Polyethylene (HDPE), #3 — Vinyl Polyvinyl Chloride (PVC), #4 — Low
Density Polyethylene (LDPE) and 45 — Polypropylene (PP) plastic bottles, except
those that previously contained hazardous materials or motor oil;
f) Magazines and catalogs;
g) Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes;
h) Boxes from toothpaste, medications and other toiletries;
i) Aseptic and gable -topped containers; and
j) Mail, office and school papers.
The county may add materials to this list and require cities to begin collection within one
year of receiving notification from the county. Cities will notify the county if materials not
found on this list will be collected.
3. Collection Methods. Cities must use one of the following systems to collect materials at the
curb:
a) single sort system - all materials combined in one container; or
b) dual sort system - glass, metal and plastic together with paper separate
If one of these two systems is not in place, the city must submit a plan with its application for
converting to a single or dual sort system by December 31, 2016. If the municipality is
unable to meet this deadline, an alternative implementation schedule must be negotiated with
the county.
4. Education and Outreach.
a) County Responsibilities
1) Coordinate meetings of the communications committee, which will be
composed of county, cities, and other stakeholders.
2) Produce education material templates and print the template materials for
cities. Materials will also be available online to download.
3) Provide a minimum of eight promotional resources that will include a
newsletter article, a web story, social media posts, and printed promotional
materials for municipalities on a variety of waste reduction, reuse, recycling,
and proper disposal messages.
4) Develop an annual priority message campaign. The campaign will be one
main message to promote throughout the year; for example "recycle
magazines." The message and the materials will be developed with the
communications committee. The county will provide templates and be
responsible for primary distribution of the campaign through direct mail,
advertising, or public relations. The cities will be required to support the
campaign through their communication channels.
b) City Requirements
1) Use county terminology when describing recycling guidelines (i.e.
description of materials accepted and not accepted, preparation guidelines,
etc.).
2) Use images provided by the county or the Solid Waste Management
Coordinating Board, if using images of recyclables.
3) Use the county's terminology, preparation guidelines and images on the
city's website.
4) Mail a recycling guide once a year to residents using a template developed
by the communications committee and produced and printed by the county
at the county's expense. If a municipality does not want to use the template
produced by the county, the municipality may develop its own guide at the
municipality's expense, with prior approval by the county. If the city relies
on its hauler to provide the recycling guide, this guide would also require
approval by the county.
5) Complete two additional education activities from a menu of options
developed by the communications committee to support the priority
message campaign.
Any print material that communicates residential recycling guidelines that were not
provided by the county template will require county approval. This does not apply to
waste reduction and reuse, articles on recycling that do not include guidelines, and social
media posts. The county will respond within five business days to any communication
piece submitted.
11
5. Use of Funds.
a) The city must use all grant funds for waste reduction and recycling capital and
operating expenses in the year granted. Cities will not be reimbursed any funds in
excess of actual expenses.
b) The city may not charge its residents through property tax, utility fees or any other
method for that portion of the costs of its recycling program funded by county grant
funds.
c) The city must establish a separate accounting mechanism, such as a project number,
activity number, or fund that will separate recycling revenues and expenditures from
other municipal activities, including solid waste and yard waste activities.
d) Recycling and waste reduction activities, revenues, and expenditures are subject to
audit.
e) Cites that do not contract for curbside recycling services will receive grant funds
provided that at least ninety percent (90%) of the grant funds are credited back to
residents and the city meets all minimum program requirements. The additional ten
percent (10%) may be used for administrative and promotional expenses.
6. Reporting Requirements.
a) Each city must submit an annual recycling report to the county electronically using
the Re-TRAC web -based reporting system by February 15 of each year. If a city is
unable to access Re-TRAC, the county must be contacted by February 1 to make
arrangements for alternative filing of the report.
b) Each city must calculate its participation rate in the curbside recycling program
during the month of October. The participation rate will be reported in Re-TRAC.
The methodology for measuring participation must be provided to the county upon
request.
c) Each city must submit an annual planning document to the county describing the
programs or activities the applicant will implement to increase recycling and make
progress toward county goals.
7. Recycling Performance. On an annual basis, each city must demonstrate a reasonable effort
to maintain and increase the average amount of recyclables collected from its residential
recycling program to at least 725 pounds per household or a minimum recovery rate of 80%,
by December 31, 2015. The goal remains the same for December 31, 2016. An alternative
performance option for cities with organized waste collection is to validate at least a 35%
recycling rate. To ensure the accuracy of data for these metrics, cities will be required, upon
request, to provide documentation on the methodology used to calculate performance. To the
extent practicable, the results should rely on actual data rather than estimates.
Failure by a city to demonstrate measureable progress toward goals will result in the city
being required to submit a recycling improvement plan within 90 days of being notified by
the county. The recycling improvement plan must be negotiated with the county and specify
the efforts that will be undertaken to yield the results necessary to achieve the goals. The plan
shall focus on the following areas: type of container, sort method, materials collected,
frequency of collection, education and outreach, performance measurement, and incentives.
Funding will be withheld until the city's recycling improvement plan is approved by the
county.
In cooperation with the county, the city may be required to participate in waste and recycling
sorts to identify recovery levels of various recyclables in their communities. Based on the
results of the study, the county and city will collaborate to increase the recovery of select
recyclable materials being discarded in significant quantities.
D. Partnership
The partnership between the county and cities has been highly effective in educating and
motivating behavior of residents resulting in significant amounts of waste being reduced and
recycled. In order to continue this partnership and increase these efforts, program activities of
cities must be coordinated with county and regional efforts. Cites are responsible for cooperating
with the county in an effort to reach the county's goals for recycling and organics recovery.
Quarterly recycling coordinator meetings are an opportunity to share resources and facilitate the
coordination of efforts.
Responsibilities of Hennepin County
A. Application Form
The county will provide an application form by December that each city will use to report on its
recycling program and request grant funding for the next year.
B. Payments
The county will make grant payments to each city in two equal payments. One payment will be
made after the county receives the application, which will consist of the Re-TRAC report and the
planning document. A second payment will be made after the report has been approved,
measurable progress toward the goals has been confirmed, and, if necessary, a recycling
improvement plan has been approved by the county. If the city meets the county requirements,
both payments will be made during the same calendar year.
Con
111. Organics Recycling
Allocation of Funds
The following formula will be used to determine a city's organics grant each year.
Number of households with
curbside organics in city Total SCORE funds
Organics grant
--------------------------------- x available for
= amount available to
Total number of households with organics
the city
curbside organics in county
The total SCORE funds available for organics recycling will equal 50 percent of the additional
SCORE revenue allocated by the State Legislature. If the total SCORE funding is less than the
2014 base year, no funds will be available for organics recycling.
Application for Funds
To apply for funds, a city must submit the number of eligible households that signed up for
organics to the county by September 1 of each funding year.
Use of Funds
The grant funds may be used for organics program expenses, including the following:
• Contract cost of service (to the city or its residents)
• Discount to new customers
• Carts
• Compostable bags
• Kitchen containers
• Education and outreach
Program administration is an ineligible expense. Yard waste expenses are ineligible expenses. If
organics and yard waste are collected together, the organics expenses must be tracked separately.
If the city passes funds through to a hauler, 100% of those funds must be credited to households'
bills.
In addition, the following requirements apply:
• All grant funds must be used during the term of the agreement. Funds not spent must be
returned to the county.
• Funds must be expended on eligible activities per Minnesota State Statute 115A.557.
• A city may not charge its residents through property tax, utility fees or any other method
for that portion of the costs of its organics program funded by county grant funds.
• Cities must able to account for organics expenditures separately upon request by the
county. Expenditures are subject to audit.
7
Education and Outreach
The partnership between the county and cities has been highly effective in educating and
motivating the behavior of residents, resulting in significant amounts of waste being reduced and
recycled. In order to continue this partnership with organics recycling, the county encourages
cities to coordinate program activities with county and regional efforts.
The county will work with cities to provide assistance with the following:
• Standard terminology and images
• Organics recycling guide (yes -no list)
• Promotional resources to increase participation
Reporting
A report on the city's organics program must be submitted electronically to the county by
February 15 following each funding year. The report must include, but is not limited to, the
following:
Basic Program Information:
• Hauler
• Collection method
• Where organics are delivered to and processed at
• Is service opt -in or opt -out
• Cost of service to residents and contract cost to the city
• How the service is billed
• Items included in service: curbside collection, cart, compostable bags, etc.
Results
• Tons
• Number of households signed up
• Average pounds per household per year
• Participation (set -out rate on pickup day)
• How funds were used
D ORIGINAL
Contract No: A 120129
RESIDENTIAL RECYCLING GRANT AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA,
t
A-2300 Government Center, Minneapolis, Minnesota 55487 (the "COUNTY'), on behalf ole the
Hennepin County Deparinie'nt of Environmental Services, 701 Fourth Avenue South,
Minneapolis, Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF RICHFIELD, 6700
Portland Avenue South, Richfield, Minnesota 55423-2599 ('=").
WITNESSETH:
WHEREAS, the County Board, by Resolution No. I I -0476S 1, adopted on November 29,
2011, approved the Hennepin County Residential Recycling Funding Policy ("Funding Policy")
for the period January 1, 2012, through December 3.1, 2015, and authorized grant funding for
municipal recycling programs consistent with the Funding Policy; and
WHEREAS, the CITY operates a municipal curbside residential recycling program and
other waste reduction and recycling activities (the "Recycling Program") as described in the
grant application (the "Grant Application") referred to in Section 2 below; and
WHEREAS, the Recycling Program is consistent with Minnesota Statutes, Chapter
1.15A; the Minnesota Pollution Control Agency's Metropolitan Solid Waste Management Policy
Z__
Plan; Hennepin County's Solid Waste Management Master Plan; and Hennepin County's
Residential Recycling Funding Policy.
NOW, THEREFORE, in consideration of the mutual undertakings and agreements
hereinafter set forth, the COUNTY, on behalf of the DEPARTMENT, and the CI'T'Y agree as
follows:
TERM AND COST OF THE AGREEMENT
a. This Agreement shall commence upon execution and terminate on December 31,
2015,
b, The total grant payment for the year 2012 shall be equal to eighty four thousand
eight hundred twenty-eight dollars ($84,828). Grant payments for subsequent
years shall, be calculated as set forth in Section 3.
1 SERVICES TO BE PROVIDED
The CITY shall operate the Recycling Program as more fully described in the
Funding Policy and the Grant Application, The CITY agrees to submit an updated
Grant Application by February 15 of each year of the teen of this Agreement in
order to be eligible for grant funds. The application consists of the Re-TRAC
web -based report and a planning document submitted to the COUNTY describing
the programs or activities the CITY will implement to increase recycling and
make progress toward COUNTY goals. The terms of the Grant Application, as
updated each year, are incorporated herein by reference,
b. In addition to the services referred to above, the CITY agrees as follows:
JAWN31RU (�
1) Requests 1 -or Proposals and Contracts.
a.) If contracting for curbside recycling services, the CITY shall require a
breakout of the following expenses when renewing or soliciting new
proposals or bids for recycling services:
• Containers — if provided by the hauler;
w Collection service;
• Processing cost per ton;
r Revenue sharing.
b.) The COUNTY recommends the CITY request the following
information in the Request for Proposal/Bid or Contract:
• Destination of recyclable materials, including the facility name,
location, and end market;
• Monthly prices for recyclable materials by material type;
• Residue rates at the Materials Recovery Facility (MRF);
• Composition of residue. .
2) Materials to be Collected. At a minimum, the CITY shall collect the
following materials curbside:
a.) Newspaper and inserts;
b) Cardboard boxes;
c.) Glass food and beverage containers;
d.) Metal food and beverage cans;
e.) All plastic containers and lids, #1 — Polyethylene Terephthalate (PET,
PET'S), #2 High Density Polyethylene (HDPE), #3 — Vinyl Polyvinyl
Chloride (PVC), #4 — Low Density Polyethylene (LOPE) and #5 —
Polypropylene (PP) plastic bottles, except those that previously
contained hazardous materials or motor oil;
f.) Magazines and catalogs;
g.) Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes;
h.) Boxes from toothpaste, medications and other toiletries;
j.) Aseptic and gable -topped containers; and
j.) Mail, office and school papers.
3) Collection Methods. The CITY shall use one of thefollowing systems to
collect materials at the curb:
a.) Single sort system - all materials combined in one container; or
b.) Dual sort system - glass, metal and plastic together with paper
separate.
If one of these two systems is not currently in place, the CITY Must submit a
plan with their 2012 Grant Application for converting to a single or dual sort
system by December 31, 2012. If the CITY is unable to meet this deadline, an
alternative implementation plan must be negotiated with and approved by the
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COUNTY. The implementation plan will include the reasons why an
extension is needed, the projected tirneline, and details about each step of the
process. The CITY will also provide the COUNTY with updates to the plan as
implementation progresses.
4) Education and Outreach. The CITY shall:
a,) Use COUNTY terminology when describing recycling guidelines (i.e,
description of materials accepted and not accepted, preparation
guidelines, etc.)
b.') Use images provided by the COUNTY or the Solid Waste
Management Coordinating Board (SWMCB) if using images of'
recyclables.
c.) Use the COUNTY's terminology, preparation guidelines and images
on the CITY's website.
d.) Mail a recycling guide once a year to residents using a template
developed jointly through a communications committee and produced
and printed by the COUNTY at the COUNTY's expense. If the CITY
does not want to use the template produced by the COUNTY, the
CITY may develop its own guide at the Municipality's expense, but it
must be approved by the COUNTY. If the CITY relies on the hauler to
provide the recycling guide, this guide would also require approval by
the COUNTY.
e.) Complete two additional education activities from a menu of options
developed by the communications committee to support the priority
message campaign. Templates will be provided by the COUNTY.
Any print material that communicates residential recycling guidelines that
were not provided by the COUNTY template will require COUNTY
approval, This does not apply to waste reduction and reuse, articles on
recycling that do not include guidelines, and social media posts. The
COUNTY will respond within five business days to any communication
piece submitted.
5) Use of Grant Funds.
a.) Grant funds can be used for all Recycling Program expenses including
capital and operating costs. Expenses associated with residential.
collection of organics are considered eligible Recycling Program
expenses. However, yard waste expenses are not eligible Recycling
Program expenses. If organics and yard waste are commingled, the
organics expenses must be tracked separately,
b.) All grant funds accepted from the COUNTY crust be used for
Recycling Program capital and operating expenses in the year granted.
c.) The CITY may not charge its residents through property tax, utility
fees or any other method for that portion of the costs of its Recycling
Program funded by COUNTY grant funds.
d.) The CITY shall establish a separate accounting mechanism, such as a
project number, activity number, or fund that will separate recycling
and waste reduction revenues and expenditures from other municipal
activities, including solid waste and yard waste activities.
e.) Recycling and waste reduction activities, revenues, and expenditures
are subject to audit by the COUNTY.
f.) The CITY shall not retain any grant funds in excess of actual
Recycling Program expenses.
g,) If the CITY does not contract for curbside recycling services, the
CITY will receive grant funds provided that at least ninety percent
(9(i%) of the grant funds are credited back to residents and the CITY
meets all minimum program requirements. The additional ten percent
(10%) may be used for CITY administrative and promotional
expenses,
6) Reporting Requirements.
a.) The CITY shall submit an annual recycling report to the COUNTY
utilizing the Re-TRAC web -based reporting system by February 15 of
each year. If the CITY is unable to access the Re-TRAC system, the
COUNTY must be contacted by February I to make arrangements for
alternative filing of the required report.
b.) The CITY will not report residue as a part of recycling tonnages. The
CITY will make arrangements with its hauler to report residue
separately.
c.) The CITY shall annually measure the participation rate in the curbside
Recycling Program during the month of October. The rate will be
calculated by dividing the number of households setting out recycling
by the total number of households (accounts) with recycling service.
The participation rate will be reported in Re-TRAC.
d.) The CITY shall submit an annual planning document to the COUNTY
describing the programs or activities the CITY will implement to
increase recycling and make progress toward COUNTY goals.
e.) To help monitor progress, the CITY shall provide an update on
recycling tonnages and program activities to the COUNTY upon
request. The CITY shall then provide the quarterly tonnage report
received from its haulers or make arrangements with the haulers to
send the information directly to the COUNTY.
7) Recycling,Performance. On an annual basis, the CITY shall demonstrate that
a reasonable effort. has been made to maintain and increase the average
amount of recyclables collected from their residential Recycling Program to at
least 725 pounds per household or achieve a minimum recovery rate of 90%
by December 31, 2015. Alternatively, if the CITY has a method in place to
accurately measure total waste generation (garbage and recycling), then the
CITY may choose a 35% recycling rate as the performance standard. To
ensure the accuracy of data for these metrics the CITY will be required, upon
request, to provide documentation on the methodology used to calculate
performance. To the extent practicable, the results should rely on actual data
rather than estimates.
Failure by the CITY to demonstrate measureable progress towards one of
Z:'
these goals will result in the requirement that a Recycling Improvement Plan
be submitted by the CITY within 90 days of being notified by the COUNTY.
The Recycling Improvement Plan must be negotiated with and approved by
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the COUNTY, The Recycling Improvement Plan will include actions the
CITY will take to improve the performance of its Recycling Program to
achieve the 2015 goals. The plan will focus on program changes and
additional activities in the following areas: materials collected, sort method.,
type of container, frequency of collection, education and outreach,
performance measurement, contract management, and incentives. Funding
will be withheld until the CITY's Recycling Improvement Plan is approved by
the COUNTY.
In cooperation with the COUNTY, the CITY may be required to participate in
waste and recycling sorts to identify recovery levels of various recyclables in
their community. Based oil the results of the study, the COUNTY and the
CITY will collaborate to increase the recovery of select recyclable materials
being discarded in significant quantities.
8) Public Entity Recycling. Pursuant to Minnesota Statutes, Section § 115A.151,
the CITY shall ensure that facilities under its control, from which mixed
municipal solid waste is collected, have containers for at least three recyclable
materials, such as, but not limited to, paper, glass, plastic, and metal, and
transfer all recyclable materials collected to a recycler.
METHOD OF PAYMENT
a. The COUNTY will annually distribute to Hennepin County Municipalities grant,
funds only to the extent the COUNTY receives SCORE funds from the State of
Minnesota. SCORE funds are based on revenue received by the State of Minnesota from,
a sales tax on garbage collection and disposal fees. SCORE funds are subject to change
based on actual revenue received by the State and funds allocated by the legislature. The
following formula will be utilized to determine the CITY's SCORE grant for each year:
# of Households Served
Curbside by CITY
Total # of Households Served
Curbside in COUNTY
X Total SCORE Revenue Grant Funds
Received by COUNTY Distributed to
from State of Minnesota CITY
b. Under no circumstances will the COUNTY's distribution of grant funds exceed
the CITY's proportion of SCORE fund revenues received by the COUNTY,
C. The initial grant fund payment will be forwarded after the County :Board receives
and approves this Agreement signed by an authorized official of the CITY.
Provided the CITY is otherwise in compliance with the terms of this Agreement,
future grant fund payments will be made after submittal by the CITY and
approval by the COUNTY of the updated Grant Application as described in
Section 2 and receipt by the COUNTY of SCORE funds from the State of
Minnesota,
d. Annual grant payments will be made to the CITY in two equal payments. One
payment will be made after the COUNTY receives the Grant Application, which
consists of the Re-TRAC report and a planning document. A second payment will
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be made after the report has been approved, measurable progress toward the 2015
goal has been confirmed, and, if necessary, a Recycling In1provernent Plan has
been approved by the COUNTY. If the CITY meets the COUNTY requirements,
both payments will be made during the sarne calendar year.
4. PROFESSIONAL CREDENTIALS
INTENTIONALLY OMITTED
INDEPENDENT CONTRACTOR
CITY 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 CITY as the agent,
representative, or employee of the COUNTY for any purpose. CITY is and shall remain
an independent contractor for all services performed under this Agreement. CITY shall
secure at its own expense all personnelrequired in performing services under this
Agreement. Any personnel of CITY or other persons while engaged in the performance
of any work or services required by CITY will have no contractual relationship with the
COUNTY and will not be considered employees of the COUNTY. The COUNTY shall.
not be responsible for any claims that arise out of employment or alleged employment
under the Minnesota Economic Security Law or the Workers' Compensation Act of the
State of Minnesota on behalf of any personnel, including, without limitation, claims of
discrimination against CITY, its officers, agents, contractors, or employees. CITY shall
defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents,
volunteers, and employees from all such claims irrespective of any determination of any
pertinent tribunal, agency, board, commission, or court. Such personnel or other persons
shall neither require nor be entitled to any compensation, rights, or benefits of any kind
from the COUNTY, including, without limitation, tenure rights, medical. and hospital
care, sick and vacation leave, Workers' Compensation, Re-erriployrnent Compensation,
disability, severance pay, and retirement benefits.
7. INDEMNIFICATION
CITY 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 CITY, a subcontractor, anyone
directly or indirectly employed by them, and/or anyone for whose acts and/or emissions
they may be liable in the performance of the services required by this Agreement, and
against all loss by reason of the failure of CITY to perform any obligation under this
Agreement.
I I►e hill mw a [a
A. With respect to the services provided pursuant to this Agreement, CITY agrees at
all times during the term of this Agreement, and beyond such term when so
required, to have and keep in force the following insurance coverages, either
under a self-insurance program or purchased insurance:
6
Commercial General Liability on an occurrence
basis with contractual liability coverage:
Z,
General Aggregate
Products—Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence—Combined Bodily
Injury and Property Damage
2. Workers' Compensation and Employer's Liability:
Workers' Compensation
Employer's Liability. Bodily injury by:
Accident—Each Accident
Disease—Policy Limit
Disease—Each Employee
3. Professional Liability --Per Claim
Aggregate
The professional liability insurance must be
maintained continuously for a period of two years
after the termination of this Agreement.
Lirnits
$2,000,000
2,000,000
1,500,000
1,500,000
Statutory
500,000
500,000
500,000
1,500,000
2,0001.000
B. An umbrella or excess policy over primary liability insurance coverages is all
acceptable method to provide the required insurance limits.
The above establishes minimum insurance requirements. It is the sole
responsibility of CITY to determine the need for and to procure additional
insurance which may be needed in connection with this Agreement. Upon written
request, CITY shall promptly submit copies of insurance policies to the
COUNTY.
CITY shall not commence work until it has obtained required insurance .and filed
with the COUNTY, a properly executed Certificate of Insurance establishing
compliance. The certificate(s) must name Hennepin County as the certificate
holder and as an additional insured for the liability coverage(s) for all operations
covered under the Agreement. If the certificate form contains a certificate holder
notification provision, the certificate shall state that the insurer will endeavor to
mail the COUNTY 30 day prior written notice in the event of cancellation of any
described policies. If CITY receives notice of cancellation from an insurer, CITY
shall fax or email a copy of the cancellation notice to the COUNTY within two
business days.
CITY shall furnish to the COUNTY updated certificates during the term of this
Agreement as insurance policies expire. If CITY fails to furnish proof of
insurance coverages, the COUNTY may withhold payments and/or pursue any
other right or remedy allowed under the contract, law, equity, and/or statute. The
7
COUNTY does not waive any rights or assume any obligations by not strictly
enforcing the requirements set forth in this section.
C. Duty to Notify. CITY shall promptly notify the COUNTY of any claim, action,
cause of action or litigation brought against CITY, its employees, officers, agents
or subcontractors, which arises out of the services contained in this Agreement.
CITY shall also notify the COUNTY whenever CITY has a reasonable basis for
believing that CITY and/or its employees, officers, agents or subcontractors,
and/or the COUNTY, might become the subject of a claim, action, cause of
action, criminal arrest, criminal charge or litigation arising out of and/or related to
the services contained in this Agreement. Failure to provide the notices required
by this section is a material violation of the terms and conditions of this
Agreement.
9. DATA PRACTICES
CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors
shall abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and
Accountability Act (HIPAA) and implementing regulations, if applicable, and all other
applicable state and federal laws, rules, regulations and orders relating to data privacy or
confidentiality. CITY agrees to defend, indemnify and hold harmless the COUNTY, its
officials, officers, agents, employees, and volunteers from any claims resulting from
CITY's officers, agents", owners', partners', employees', volunteers*, assignees, or
subcontractors' unlawful disclosure and/or use of such protected data, or other
noncompliance with the requirements of this section. CITY agrees to promptly notify the
COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims,
under the MGDPA. The terms of this section shall survive the cancellation or
termination of this Agreement.
10. RECORDS —AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5, CITY 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 CITY and involve transactions relating to this Agreement. CITY shall
maintain these materials and allow access during the period of this Agreement and for six
(6) years after its termination or cancellation.
I I . SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. CITY binds itself, its partners, successors, assigns and legal representatives to the
COUNTY for all covenants, agreements and obligations contained in the contract
documents,
B. CITY shall not assign, transfer or pledge this Agreement and/or the services to be
performed, whether in whole or in part, nor assign any rn. onies 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 CITY, the assignee and the COUNTY. Permission to assign, however,
shall under no circumstances relieve CITY of its liabilities and obligations under
the Agreement.
C. CITY 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 Linder no circumstances relieve CITY of
its liabilities and obligations under the Agreement. Further, CITY 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 CITY and each
subcontractor shall require that the subcontractor's services be performed in
accordance with the terms and conditions specified. CITY shall make contracts
between CITY and subcontractors available upon request,
12, MERGER AND MODIFICATION
A. It is understood and agreed that the entire Agreement between the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter. All items that are
referenced or that are attached are incorporated and made a part of this
Agreement. If there is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
B. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties.
13. DEFAULT AND CANCELLATION
A. If CITY falls 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 CITY's default is excused by the COUNTY, the COUNTY
may upon written notice immediately cancel this Agreement in its entirety.
Additionally, failure to comply with the terms of this Agreement shall be just
cause for the COUNTY to delay payment until CITY's compliance, In the event
of a decision to withhold payment, the COUNTY shall furnish prior written notice
to CITY.
B. Notwithstanding any provision of this Agreement to the contrary, CITY shall
remain liable to the COUNTY for damages sustained by the COUNTY by virtue
of any breach ofthis Agreement by CITY.
C. 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,
D. 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
9
constitute a general waiver or relinquishment throughout the entire tern of the
Agreement.
E. This Agreement may be canceled with or without cause by either party upon
thirty (30) day written notice.
F. Upon early termination or cancellation of this Agreement, the CITY shall itemize
any and all grant funds expenditures up to the date of termination or cancellation
and return such grant funds not yet expended.
G. Upon written notice, COUNTY may immediately suspend or cancel this
Agreement in the event any of the following occur: (i) COUNTY does not obtain
anticipated funding from an outside source for this project; (ii) funding for this
project from an outside source is withdrawn, frozen, shut -down, is otherwise
made unavailable or COUNTY loses the outside funding for any other reason; or
(iii) COUNTY determines, in its sole discretion, that funding is, or has become,
insufficient. COUNTY is not obligated to pay for any services that are provided
after notice and effective date of termination. In the event COUNTY cancels this
Agreement pursuant to the terms in this paragraph 13(G), COUNTY shall pay any
amount due and payable prior to the notice of suspension or cancellation pursuant
to the terms herein except that COUNTY shall not be obligated to pay any amount
as or for penalties, early termination fees, charges, time and 1-fiateriats for services
not then performed, costs, expenses or profits on work done.
14. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the tern, cancellation or
terrnination of this Agreement include but are not limited to: INDEPENDENT
CONTRACTOR; INDEMNIFICATION; INSURANCE; DATA PRACTICES;
RECORDS -AV A] LAB ILITY/ACCES S; DEFAULT AND CANCELLATION;
PROMOTIONAL LITERATURE: and MINNESOTA LAW GOVERNS,
15. CONTRACT ADMINISTRATION
In order to coordinate the services of the CITY with the activities of the Department of
Environmental Services so as to accomplish the purposes of this contract, Dave McNary,
Solid Waste Division Manager, or his or her successor, shall manage this contract on
behalf of the COUNTY and serve as liaison between the COUNTY and the CITY.
16. COMPLIANCE AND NON -DEBARMENT CERTIFICATION
A. CITY shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances currently in force or later enacted.
B. CITY shall comply with all applicable conditions of the specific referenced grant.
17. SUBCONTRACTOR. PAYMENT
As required by Minnesota Statutes Section 471.425, Subd. 4a, CITY shall pay any
subcontractor within ten (10) days of CITY's receipt of payment from the COUNTY for
undisputed services provided by the subcontractor. CITY shall pay interest of 11/2 percent
10
per month or any part of a month to the subcontractor on any undisputed amount not paid
on time to the subcontractor. The minimum monthly interest penalty payment for an
unpaid balance ol'$1 00.00 or more is $10.00. For an unpaid balance of less than
$ 100.00, CITY shall pay the actual penalty due to the subcontractor. A subcontractor
who prevails in a civil action i to collect interest penalties from a prime contractor must be
awarded its costs and disbursements, including any attorney's fees, incurred in bringing
the action. , t,; I
18. PAPER RECYCLING
The COUNTY encourages CITY to develop and implement an office paper and
newsprint recycling program.
19. NOTICES
Any notice or demand which niust be given or made by a party under this Agreement or
any statute or ordinance shall be in writing, and shall be sentt registered or certified mail.
Notices to the COUNTY shall be sent to the County Administrator with a copy to the
originating Department at the address given in the opening paragraph of the Agreement,
C,
Notice to CITY shall be sent to the address stated in the opening paragraph of the
Agreement.
20, CONFLICT OF INTEREST
CITY affirms that to the best of CITY's knowledge, CITY's involvement in this
Agreement does not result in a conflict of interest with any party or entity which may be
affected by the terms of this Agreement. CITY agrees that, should any conflict or
potential conflict of interest become known to CITY, CITY will immediately notify the
COUNTY of the conflict or potential conflict, specifying the part of this Agreement
giving rise to the conflict or potential conflict, and will advise the COUNTY whether
CITY will or will not resign from the other engagement or representation.
21. PROMOTIONAL LITERATURE
CITY agrees, to the extent applicable, to abide by the current Hennepin County
Communications Policy (available upon request). This obligation includes, but is not
limited to, CITY not using the term "Hennepin County" or any derivative in any
promotional literature, advertisements of any type or form or client lists without the
express prior written consent of a COUNTY Department Director or equivalent.
22. MINNESOTA LAWS GOVERN
"TheLaws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between ifie parties And their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County of Hennepin, State of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the State of Minnesota. If any provision of this
Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be
affected,
Reviewed by the County Attorney's COUNTY OF HENN:EPIN
Offic STATE, OF MIN ESOTA
'" By:
Assistant County Attorne Chain of Its Count Board
Date:
ATTEST:
D 13 ty/Clerk of County Board
Date:
Richard P. Johnson, Cori"Administrator
N
Date. a w L
ssistant �oun * Administrator, t'
� � ty
Publrc Works
Recommended for Approval Date
By:
Director, Department of Environmental Services
Date: °.., a�
MUNICIPALITY
CITY warrants that the person who executed
this Agreement is authorised to da so on b C fig,
CITY as re red by applicable art* les,
f,
bylaw ,so�ut :ns rd' an'c
Signaturer _ J
Narne (Printed): -'bee
Title: �-
Date: 2, 4. - :u11. t7,V L
*CITY shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's
delegation of authority. This documentation shall be submitted at the time CITY returns the Agreement to the COUNTY.
Documentation is not required for a sole proprietorship.
12