The URL can be used to link to this page

01-12-10 packetCITY OF RICHFIELD, MINNESOTA TUESDAY, JANUARY 12, 2010 SPECIAL CITY COUNCIL WORKSESSION .CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. AGENDA Call to order Roll call 1. Discussion regarding Emerald Ash Borer preparedness (Council Memo No. 1) Notes: 2. Discussion with Richfield Fourth of July Committee (Council Memo No. 2) Notes: Adjournment REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA INTRODUCTORY P12OCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allorN sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda.. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance 1. Approval of minutes of Regular City Council Meeting of December 8, 2009 COUNCIL DISCUSSION 2. Council discussion • Hats Off to Hometown Hits • Richfield Bicycle Master Plan Task Force appointments Notes: AGENDA APPROVAL 3. Council approval of agenda CONSENT CALENDAR 4. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been. approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of designating available Department Director or Assistant to the City Manager as Acting City Manager in 2010 in event City Manager is absent from City S.R. No. 2 B. Consideration of approval of resolution regarding City Council Member attendance at City Council .meetings for 2010 S.R. No. 3 C. Consideration of approval of resolution designating for Richfield Sun-Current as official newspaper for City of Richfield for 2010 S.R. No. 4 D. Consideration of approval of resolutions designating official depositories, including approval of collateral, for City of Richfield for 2010 S.R. No. 5 E. Consideration of approval of resolution authorizing use of City credit card by City employees otherwise authorized to make purchases on behalf of City S.R. No. 6 F. Consideration of approval of resolution authorizing acceptance of $1,500 grant from Richfield Foundation for Public Safety/Police; 2010 Cinco de Mayo celebration S.R. No. 7 _a,~ G. Consideration of approval of resolution authorizing acceptance of $1,500 grant from Wal-Mart, 715 East 78th Street, Bloomington, MN for funding Richfield Police canine unit S.R. No. 8 H. Consideration of approval of 2010 contract with City of Bloomington for Public Health Emergency Response I-II-III grant activities as required by Centers of Disease Control through MN Department of Health for vaccination clinics, supplies and planning for mass dispensing within community relating to H1 N1 S.R. No. 9 I. Consideration of approval of 2010 contract with City of Bloomington using federal grant funds distributed by federal grant from Centers for Disease Control to provide public health emergency preparedness/bioterrorism services and development of response system S.R. No. 10 J. Consideration of approval of continuation of agreement for 2010 with City of Bloomington for provision of public health nursing services for City of Richfield S.R. No. 11 K. Consideration of approval of continuation of plumbing and mechanical inspections and code enforcement contract for 2010 with City of Bloomington for inspection services for Richfield S.R. No.12 L. Consideration of approval of continuation of agreement for 2010 with City of Bloomington for food inspection services for Richfield S.R. No. 13 Notes: 5. Consideration of items, if any, removed from Consent Calendar Notes: OTHER BUSINESS 6. Consideration of work proposal from Howard R. Green Company to complete design and facilitate public involvement for two pedestrian/bicycle routes at cost not exceed $32,372.44 Staff Report No. 14 Notes: 7. Consideration of designating Council liaison appointments to various metropolitan agencies and city advisory commissions for 2010 Staff Report No. 15 Notes: 8. Consideration of designating Council Member(s) to attend March 2010 National League of Cities Congressional Conference; July 2010 N.O.I.S.E. Conference; and November 2010 National League of Cities Congress of Cities Conference Staff Report No. 16 Notes: 9. Consideration of bid minutes/tabulation and award of contracts as recommended by Stahl Construction for new Richfield Municipal Center Staff Report No. 17 Notes: 10. Consideration of designating Mayor Pro Tempore for 2010 Staff Report No. 1 Notes: CITY MANAGER'S REPORT '11. City Manager's report • Tuesday, February 9 Special City Council Worksession .(annual City Council/City staff goalsetting session) • Municipal Center Council Chambers audio visual design Notes: 12: Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others, Comments are to be an opportunity to address the Council on items not on the agenda.. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 13. 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 ~ j January 7, 2010 Council Memorandum No. 1 ' The Honorable Mayor and Members of the City Council Subject: Emerald Ash Borer Preparedness (Worksesson Agenda Item No. i ) Council Members: N At the Special Council Worksession scheduled for January 12, 2010, Public Works Staff will be .presenting information regarding Emerald Ash Borer preparedness for the City of. Richfield. The following topics will be discussed: • Policy Direction o Remove/replace trees- o Injection of certain trees o Timeframe for removals o Use of contractors • Financiallmplications • .Possible grant funding Resp ctfully ubmitte~~ qty Manager ~ SLD:cak Email: Department Directors Assistant to the City Manager CITY OF RICHFIELD, MINNESOTA Office of City Manager January 7, 2010 Council Memorandum No. 2 The Honorable Mayor and Members of the City Council Subject: Council Worksession with Fourth of July Committee ..(Worksession Agenda Item No. 2 ) Council Members: The City Council briefly discussed the Richfield Fourth of July Celebration at their goal setting session on January 23, 2009, specifically about evaluating 'the contract for the carnival, and then again at a Worksession on March 10, 2009. The Council consensus was to discontinue allowing carnival services in Veterans Memorial Park of Richfield beginning ~in 2011 (see attached minutes). The Fourth of July Committee's four year contract with Minnesota Magic Midway, Inc. expires July 5, 2010.. The Fourth of July Committee was notified of the Council's discussion of the matter soon afterward. In response, the Fourth of July Committee is requesting a meeting with the Council to discuss altematives and options with regards to the carnival contract. A Worksession is scheduled with the Fourth of July Committee on January 12, 2010. A presentation will be given on the following historical information: • Committee Structure • Spectator Estimates • 2009 Financial Review of the Celebration • Summary of City Resources for the Celebration • History of July 4t" Police Calls. After the presentation, the two groups are encouraged to discuss options and alternatives. R submitted, Stev evic ity Manager SLD:cak Attachment Email: Department Directors Assistant to the City Manager. Special 11Vorfcsessictn Mintates -2- March 4:t?, 20t?9 Facilities Manager Klerr-ent discussed the; potential savings from energy costs and probable. severe cost impacts if there is no updating of the aging rce arena. Harris Companies representatives provided an ovenriewan the proposed 5#udy, including arena issues and options, the process, and, financial obligations:: City Manager'°Clevich and Finance Manager E~egs discussed the City's financing options for the upgrades. The City Council consensus was to move forward with the Letter of intent wi#h Harris Corpanes: Item # 3 C?ISCUS510N.REGARCIING FOURTH ~F'JULY CARNIVAL COtVTRACT {CQUNCLL MEMO N0. 34j Recreation Services Director Topitzhofercliscussed the financial implications of discontinuing the carnival contract and that the contract is with the Fourth of July Committee, not-the City: An alternative form of revenue of $10,000 would need to be found for the committee since that is their profit from. the carnival. The contract term is through 2010 and the City Council may wish to have the committee put the carnival on notice that the contract could;be discontinued after that date. Council Member 1==rrzhenry discussed his concerns that "undesirable" people may be attracted: by the carnival.. He questioned the -cost effectiveness of the revenue from the carnival versus the- cost of extra police. Ne said he believes the July 4 activities have become regional and too.: big to handle.. He suggested scaling back events.. Recreation Services Director Topitzhofer replied'that last;.year the Metro. Gang Strike Force- services were at no charge and there were also officers from Hennepin County:. Council Member Wroge discussed his concerns regarding ,staff voicing safety issues #o him.. He agreed the .event had became out of hand vvith a different group of people attending. 1-1e said vvifh. the Metro Gang Strike Force, extra lighting; and staffing; the event looks like. an armed camp: Council Member Wroge stated he would consider supporting the City providing $10x000 from the General Fund again if the only reason fhe carnival is held into pay for the event. Recreation Programs/Athletics Manager~White stated eliminating the carnival could reduce some problems taut not all of'them: City Attorney Heine explained the City did not make the contract but rather it: is with the Fourth of July Committee. The- City. could' make it impassible for the carnival to ,perform on City property and possibly put the committee at risk and liable if the :contract is terminated before 2010': Council Member Elliott stated that-the current contract should not be broken: There should be discussion of heving no carrtiva[ in 2(}11 and having other events that are more resident-oriented, The Ci#y Council consensus was to terminate the carn'rvai contract after 2010.'=and discuss raising revenue to cover the Fourth of July revenue lost. F2ecreatian ProgramsLi4thletics Manager White stated the biggest impact of the July 4 activities is the:#irewarks. Mayor Gaettel stated .the warksession will be recessed end .resume following the Regular City Council Meeting:. The meeting was recessed by unanimous°consent at s5~ p:m:. The meeting reconvened at 9:12,p.m, J CITY COUNCIL MEETING MINUTES Richfield, Minnesota Regular Meeting December 8, 2009 CALL TO ORDER The meeting was called to order by Mayor Goettel at 7:00 p.m. ROLL CALL Members Present: Debbie Goettel, Mayor; Sue Sandahl; and Tom Fitzhenry. Members Absent: Pat Elliott and Fred Wroge. Staff Present: Steven L. Devich, City Manager; John Stark, Community Development Director; Mike Eastling, Public Works Director; Barry Fritz, Public Safety Director; Jim Topitzhofer, Recreation Services Director; Chris Regis, Finance Manager; Robert Hintgen, Utilities Superintendent; Corrine Heine, City Attorney; and Cheryl Krumholz, Recording Secretary. M/Sandahl, S/Fitzhenry to determine the absences of Council Member Wroge and Council Member Elliott from the Regular City Council Meeting of December 8, 2009 as excused absences. Motion carried 3-0. OPEN FORUM None. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Goettel led the audience in the Pledge of Allegiance. APPROVAL OF MINUTES M/Sandahl, S/Fitzhenry to approve the minutes of (1) Special City Council Worksession of November 10 2009 (2) Reqular City Council Meeting of November 10 2009; (3) Special City Council Worksession of November 24 2009 (4) Reqular City Council Meetinq of November 24, 2009; and (5) Special City Council Meetinq (Truth-in-Taxation) of November 30, 2009. Motion carried 3-0. Item #1 RICHFIELD FOUNDATION AWARDING OF GRANTS Mayor Goettel, Richfield Foundation Chair, presented grants to Family Children's Services, City of Richfield Cinco de Mayo Celebration, Richfield Ready, VEAP, Fraser School, and Loaves and Fishes. Item #2 COUNCIL DISCUSSION • HATS OFF TO HOMETOWN HITS • SPECIAL CITY COUNCIL MEETING TO CONDUCT ADVISORY COMMISSION INTERVIEWS Council Member Sandahl announced snowplowing of City streets will begin at 4 a.m. Council Member Fitzhenry stated the Welcome to Richfield booklet is on the City's website. Council Member Fitzhenry provided an update on the H1 N1 vaccine clinics. Mayor Goettel acknowledged the thank-you notes received from the Girl Scouts group who recently toured City Hall. Item #3 COUNCIL APPROVAL OF AGENDA M/Sandahl , S/Fitzhenry to approve the agenda. Motion carried 3-0. Item #4 CONSENT CALENDAR A. Consideration of approval of resolution authorizing Richfield Fire Services Department acceptance of five miscellaneous grant donations totaling $550 from City residents during 2009 S.R. No. 243 RESOLUTION NO. 10325 RESOLUTION AUTHORIZING ACCEPTANCE OF FIVE (5) MISCELLANEOUS DONATIONS RECEIVED BY THE CITY OF RICHFIELD AND TO AUTHORIZE THE CITY TO ADMINISTER THE FUNDS IN ACCORDANCE WITH AGREEMENTS AND TERMS PRESCRIBED BY THE DONORS This resolution appears as Resolution No. 10325. B. Consideration of approval of resolution reappointing Abisola Omiwade, Raj Bhakta and Adam Selby to Richfield Tourism Promotion Board for three-year terms ending December 31, 2012 S.R. No. 244 RESOLUTION NO. 10326 RESOLUTION REAPPOINTING REPRESENTATIVES TO THE BOARD OF DIRECTORS OF THE RICHFIELD TOURISM PROMOTION BOARD, INC. This resolution appears as Resolution No. 10326. C. Consideration of approval of Public Health Emergency Response I-II-III from Centers for Disease Control through MN Department of Health to use for vaccination clinics, supplies and planning for mass dispensing within community relating to H1N1 S.R. No. 245 D. Consideration of approval of contract change order #2 for Ice Arena rink one roof to remove and replace deteriorated plywood decking and perlite insulation and install ice and vapor barrier in remaining deteriorated areas in amount of $20,003 S.R. No. 246 E. Consideration of approval of contract to Graymont (WI), LLC Company for quick lime for water treatment in amount of $168,000 ($120/ton) for 2010 S.R. No. 247 F. Consideration of approval of the following 2010 renewal of business licenses for 3.2 percent malt liquor sales and 2010 license renewals to operate businesses in Richfield: S.R. No. 248 License to Sell 3.2 Percent Malt Liquor Airport Bowl - On-Sale Aldi Foods -Off-Sale Davanni's Pizza - On-Sale EI Jalapeno -Off-Sale Kwik Way Foods -Off-Sale RBF Corporation of Wisconsin (Rainbow Foods) -Off-Sale Richfield U.S. -Off-Sale Sandy's Tavern - On-Sale SuperAmerica #4186 -Off-Sale SuperAmerica #4188 -Off-Sale SuperAmerica #4191 -Off-Sale SuperAmerica #4615 -Off-Sale Target Corporation -Off-Sale Vina Restaurant - On-Sale License to Operate in Richfield A New Star Limousine & Taxi Service - 10 vehicles Airport Taxi - 11 vehicles Black & White Taxi - 5 vehicles Ecuadorian Express - 3 vehicles Gold Star Taxi - 27 vehicles Latino Americano - 8 vehicles Latino Express - 10 vehicles Suburban Taxi Corporation - 5 vehicles Twin Cities Airport Taxi - 13 vehicles Paul's Rentals & Sales -Trailers and Trucks Rental M/Goettel, S/Sandahl to approve the Consent Calendar. Motion carried 3-0. Council Meeting Minutes -4- December 8, 2009 Item #5 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR None. Item #6 PUBLIC HEARINGS REGARDING 2010 PAWNBROKER AND SECONDHAND GOODS DEALER LICENSE RENEWALS: A. Metro Pawn & Gun, Inc., 7529 Lyndale Avenue S.R. No. 249 B. University Cash Company, LLC d/b/a Avi's Pawn and Jewelry, 6414 Nicollet Avenue S.R. No. 250 Council Member Fitzhenry presented Staff Report No. 249. Mark Nichols, Metro Pawn & Gun, was present for questions. M/Goettel, S/Sandahl to close public hearing. Motion carried 3-0. M/Fitzhenry, S/Sandahl to approve the renewal of the 2010 Pawnbroker and Secondhand Goods Dealer licenses for Metro Pawn & Gun Inc., 7529 Lvndale Avenue. Motion carried 3-0. Council Member Fitzhenry presented Staff Report No. 250. Andy Strauss, Avi's Pawn and Jewelry, was present for questions. M/Goettel, S/Sandahl to close public hearing. Motion carried 3-0. M/Fitzhenry, S/Goettel to approve the renewal of the 2010 Pawnbroker and Secondhand Goods Dealer licenses for University Cash Company LLC d/b/a Avi's Pawn and Jewelry, 6414 Nicollet Avenue. Motion carried 3-0. Item #7 PUBLIC HEARINGS REGARDING 2010 CLUB ON-SALE AND SUNDAY LIQUOR LICENSE RENEWALS: A. Fred Babcock V.F.W. Post No. 5555, Inc., d/b/a Four Nickels Food & Drink; 6715 Lake Shore Drive S.R. No. 251 B. Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue S.R. No. 252 Council Member Fitzhenry presented Staff Report No. 251. Council Meeting Minutes -5- December 8, 2009 M/Goettel, S/Sandahl to close public hearing. Motion carried 3-0. M/Fitzhenry, S/Sandahl to approve the renewal of 2010 Club On-Sale and Sunday Liquor Licenses for Fred Babcock V F W. Post No. 5555 Inc., d/b/a Four Nickels Food & Drink, 6715 Lake Shore Drive. Motion carried 3-0. Council Member Fitzhenry presented Staff Report No. 252. M/Sandahl, S/Goettel to close public hearing. Motion carried 3-0. M/Fitzhenry, S/Sandahl to approve the renewal of 2010 Club On-Sale and Sunday Liquor Licenses for Minneapolis-Richfield American Legion Post 435, 6501 Portland Avenue. Motion carried 3-0. Item #8 PUBLIC HEARINGS REGARDING 2010 ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSE RENEWALS: A. Chipotle Mexican Grill of Colorado, LLC, 7644 Lyndale Avenue S.R. No. 253 B. Thompson's Fireside Pizza, Inc., d/b/a Fireside Pizza, 6736 Penn Aven S.R. No. 254 C. Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant, 2902 West 66th Street S.R. No. 2556 D. The Noodle Shop-Colorado, Inc., d/b/a Noodles and Company, 7630 Lyndale Avenue S.R. No. 256 E. John E. Powers & Associates, Inc. d/b/a Lariat Lanes, 6320 Penn Avenue S.R. No. 257 F. Patrick's French Bakery, Inc. d/b/a Patrick's Bakery & Cafe, 2928 West 66th Street S.R. No. 258 Council Member Sandahl stated that one public hearing would be conducted for all licenses but if someone wished to speak about a specific license, that establishment should be identified. Council Member Sandahl presented Staff Report No.'s 253 through 258. M/Sandahl, S/Fitzhenry to close public hearing. Motion carried 3-0. M/Sandahl, S/Goettel to approve the renewal of 2010 On-Sale Wine and 3.2 Percent Malt Liquor Licenses for Chipotle Mexican Grill of Colorado LLC, 7644 Lyndale Avenue; Thompson's Fireside Pizza Inc d/b/a Fireside Pizza 6736 Penn Avenue; Kiang's Red Pepper, Inc., d/b/a Red Pepper Chinese Restaurant 2902 West 66th Street The Noodle. Shop-Colorado, Inc., d/b/a Noodles and Company 7630 Lyndale Avenue John E. Powers & Associates, Inc. d/b/a Lariat Lanes, 6320 Penn Avenue and Patrick's French Bakery Inc. d/b/a Patrick's Bakery & Cafe, 2928 West 66th Street (subject to providing an accountant's statement by the end of the year). Council Meeting Minutes -6- December 8, 2009 Motion carried 3-0. Item #9 PUBLIC HEARINGS REGARDING 2010 ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE RENEWALS: A. The Frenchman's, 1400 East 66th Street (includes 2 a.m. closing) S.R. No. 259 B. EI Tejeban Mexica Grill, LLC, d/b/a EI Tejeban Mex. Grill, 2 West 66th Street (includes 2 a.m. closing) S.R. No. 260 C. Wiltshire Restaurants, LLC, d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue (includes outside service) S.R. No. 261 D. Don Pablo's Operating Corp., d/b/a Don Pablo's, 980 West 78th Street S.R. No. 262 E. Paisan Inc., d/b/a Khan's Mongolian Barbeque, 500 East 78th Street S.R. No. 263 F. Champp's Operating Corporation d/b/a Champp's Restaurant, 790 West 66th Street S.R. No. 264 G. HKD Lo, Inc. d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue S.R. No. 265 Mayor Goettel presented Staff Report No.'s 259 through 264. M/Sandahl, S/Fitzhenry to close public hearing. Motion carried 3-0. M/Goettel, S/Sandahl to approve renewal of the 2010 On-Sale Intoxicating and Sunday Liquor Licenses for The Frenchman's 1400 East 66th Street (includes 2 a.m. closing); EI Tejeban Mexica Grill LLC d/b/a EI Tejeban Mex. Grill 2 West 66th Street (includes 2 a.m. closinq)~ Wiltshire Restaurants LLC d/b/a Houlihan's Restaurant & Bar, 6601 Lyndale Avenue (includes outside service)' Don Pablo's Operating Corp. d/b/a Don Pablo's, 980 West 78th Street Paisan Inc d/b/a Khan's Mongolian Barbeque 500 East 78th Street and Champp's Operating Corporation d/b/a Champp's Restaurant, 790 West 66th Street. Motion carried 3-0. Mayor Goettel presented Staff Report No. 265. Public Safety Director Fritz explained the nature of police calls is different than other liquor establishments because Jun Bo has dances and promotional events that draw very large crowds which lend toward increased police calls. City Manager Devich stated the concern overall is the over-serving of liquor to the customers which could result in a dangerous situation. Danny Lo, Jun Bo Manager, discussed how over-serving is addressed and monitored in the establishment by security. Council Member Fitzhenry questioned the monitoring of drinking while in the car in the parking lot. Mr. Lo was unclear as to what level he could control that issue. Council Meeting Minutes -7- December 8, 2009 Council Member Fitzhenry stated that Mr. Lo could have the customers removed because it is his property. He suggested the lot be more closely monitored. Mayor Goettel suggested a more aggressive approach by security. City Manager Devich stated the license could be renewed with the City Council direction of staff monitoring contacts in 2010 and, if there are repeated police contacts, have Public Safety return to the City Council with recommended conditions to continue the license. Council Member Sandahl questioned if the City could recover their costs for extra monitoring. City Attorney Heine explained the ordinance does not provide for recovery of costs but she would review the ordinance and State Statute. M/Sandahl, S/Fitzhenry to close public hearing. Motion carried 3-0. M/Goettel, S/Sandahl to approve renewal of the 2010 On-Sale Intoxicating and Sunday Liquor Licenses for HKD Lo Inc. d/b/a Jun Bo Chinese Restaurant, 7717 Nicollet Avenue with the condition of Public Safety monitoring the establishment and providing the City Council with a quarterly report. Motion carried 3-0. Mr. Lo asked about the application being shortened for the establishments that are renewing their licenses because each year the paperwork is redundant and copies are not permitted. Public Safety Director Fritz stated that staff will consider a shortened renewal application. Item #10 PUBLIC HEARING AND SECOND READING OF ORDINANCE AMENDING SECTION 930 OF RICHFIELD CITY CODE RELATING TO REGULATION OF NOISE AND RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE S.R. NO. 266 Council Member Fitzhenry presented Staff Report No. 266. M/Goettel, S/Sandahl to close public hearing. Motion carried 3-0. M/Fitzhenry, S/Sandahl that this constitutes the second reading of Bill No. 2009-21 amending Section 930 of Richfield City Code relating to regulation of noise, that it be published in 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. 10327 RESOLUTION APPROVING SUMMARY PUBLICATION OF BILL NO. 2009-21 Council Meeting Minutes -8- December 8, 2009 Motion carried 3-0. This resolution appears as Resolution No. 10327 Item #11 PUBLIC -HEARING REGARDING WATER UTILITY CONSERVATION RATE STRUCTURE AND STORM WATER 2010 PROPOSED RATE INCREASE AND RESOLUTION ESTABLISHING UTILITY RATES S.R. NO. 267 Council Member Sandahl presented Staff Report No. 267. M/Goettel, S/Sandahl to close public hearing. Motion .carried 3-0. M/Sandahl, S/Fitzhenry that the following resolution be adopted and that it be made part of these minutes: RESOLUTION NO. 10328 RESOLUTION ESTABLISHING WASTEWATER SERVICE RATES AND CHARGES, WATER RATES AND CHARGES, SPECIAL WATER SERVICE CHARGES, STORM SEWER RATES AND CHARGES, AND 6.5% PENALTY ON PAST DUE ACCOUNTS Motion carried 3-0. This resolution appears as Resolution No. 10328. Item #12 CONSIDERATION OF RESOLUTIONS APPROVING 2009 REVISED/2010 PROPOSED BUDGET AND TAX LEVY AND RELATED. RESOLUTIONS S.R. NO. 268 Mayor Goettel presented Staff Report No. 268. Council Member Sandahl suggested the City Council approve the tax levy adopted in September, rather than the reduced levy presented this evening, because Local Government Aid (LGA) allotments are uncertain. City Manager Devich stated the final levy anticipates a reduction in LGA. Mayor Goettel said she was not supportive of adopting the higher levy proposed in September. M/Goettel, S/Fitzhenry that the following resolutions be adopted and that they be made part of these minutes: RESOLUTION NO. 10315 RESOLUTION RELATING TO THE 2010 MANAGEMENT SALARY COMPENSATION PLAN Council Meeting Minutes -9- December 8, 2009 RESOLUTION NO. 10316 RESOLUTION RELATING TO THE 2010 GENERAL SERVICES SALARY COMPENSATION PLAN RESOLUTION NO. 10317 RESOLUTION RELATING TO THE JANUARY 2010 SPECIALIZED PAY PLAN RESOLUTION NO. 10318 RESOLUTION AUTHORIZING REVISION OF 2009 BUDGET OF VARIOUS DEPARTMENTS RESOLUTION NO. 10319 RESOLUTION ADOPTING A PROPOSED BUDGET AND TAX LEVY FOR THE YEAR 2010 RESOLUTION NO. 10320 RESOLUTION ADOPTING THE 2010 CAPITAL IMPROVEMENT BUDGET RESOLUTION NO. 10321 RESOLUTION ADOPTING THE 2011-2014 CAPITAL IMPROVEMENT PROGRAM RESOLUTION NO. 10322 RESOLUTION RELATING TO PURCHASING PRACTICES IN THE CITY OF RICHFIELD AMENDING RESOLUTION NO. 8298 RESOLUTION NO. 10323 RESOLUTION AUTHORIZING ADJUSTMENT TO CITY'S MILEAGE REIMBURSEMENT RATE TO CONFORM TO INTERNAL REVENUE SERVICE STATUTORY MILEAGE REIMBURSEMENT RATE RESOLUTION NO. 10324 RESOLUTION AUTHORIZING BUDGET REVISIONS Motion carried 3-0. These resolutions appear as Resolution No.'s 10315 through 10324. Item #13 CONSIDERATION OF EXECUTION OF STIPULATION OF SETTLEMENT WITH RICHFIELD HOTEL ASSOCIATES, LLP REGARDING TAKING FROM RAMADA INN PROPERTY IN CONNECTION WITH LYNDALE AVENUE BRIDGE PROJECT S.R. NO. 269 Council Meeting Minutes -10- December 8, 2009 Mayor Goettel presented Staff Report No. 269. M/Goettel, S/Sandahl to approve execution of stipulation of settlement with Richfield Hotel Associates LLP regarding taking from Ramada Inn property in connection with Lyndale Avenue Bridge protect. Motion carried 3-0. Item #14 CITY MANAGER'S REPORT City Manager Devich provided an update on the City Hall construction, including today's removal of the two homes to the south. The City Council requested January dates for the interviewing of advisory commission applicants be provided to them. Council Member Sandahl requested the City Council be provided with the Bike Trail Task Force applications being prepared by the Transportation Commission. Item #15 CLAIMS AND PAYROLL M/Sandahl, S/Fitzhenry that the following claims and payrolls be approved: U.S. BANK 12-08-09 A/P Checks: 190616 - 191004 . PAYROLL 62614 - 62927; 41461 - 41463 $ 1,282,106.40 $ 498,330.12 TOTAL Motion carried 3-0. OPEN FORUM None. $ 1,780,436.52 The City Council meeting was adjourned by unanimous consent at 8:41 p.m. Date Approved: Debbie Goettel Mayor Cheryl Krumholz Recording Secretary Steven L. Devich City Manager AGENDA SECTION: CONSENT AGENDA ITEM # 4A REPORT # 2 ~J STAFF REPORT CITY COUNCIL MEETING JANUARY 12, 2010 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR. REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a designation of an Acting City Manager for 2010. I. RECOMMENDED ACTION: By Motion: Direct the City Manager to designate an available Department Director or the Assistant to the City Manager as Acting City Manager for 2010 in the event the City Manager is absent from the City. II. BACKGROUND It is necessary to designate a person to serve as the Acting City Manager for those times when the City Manager is absent from the City. In 2009, the City Manager designated various Department Directors or the Assistant to the City Manager as Acting City Manager. III. BASIS OF RECOMMENDATION A. POLICY • Past practice has been for the City Council to designate an Acting City Manager for times when the City Manager is absent from the City. • In 2009, the City Manager designated various Department Directors or the Assistant to the City Manager as Acting City Manager. 0112actingcitymanager B. CRITICAL ISSUES _ • It is necessary to designate a person to serve as the Acting City Manager to ensure continuation of City operations during an absence of the Manager. IV. ALTERNATIVE RECOMMENDATION~S~ • Defer this designation to another Council meeting V. PRINCIPAL PARTIES EXPECTED AT MEETING • None. AGENDA SECTION: AGENDA ITEM # REPORT # ~- STAF`F REPORT CITY COUNCIL MEETING JAIVUA.RY 12, 2010 . CONSENT 4B 3 REPORT PREPARED BY: CHF~YL KRUMHOLZ, EXEC. COORDINATOR N Tr7zE REVIEWED BY CITY MANAGER: / Q~~' Consideration of a resolution regarding Council Member attendance at Council meetings. RECOMMENDED CTION: B Motion: Approve the resolution re arding attendance by Council Members at Council meetin s for 201 BACKGROUND Subsection 205.15 of the Richfield City Code establishes an attendance policy for Council Members. The policy requires attendance to be taken at every regular and special meeting of the City Council and provides for the imposition of a monetary penalty for unexcused absence from a Council meeting. The policy may be annually invoked by resolution of the City Council. III. BASIS OF RECOMMENDATION A. POLICY • The Richfield City Code establishes attendance rules, which may be invoked for any calendar year by Council resolution. ~ 1 V . ALTERNATIVE KECOMMENDATION(S) ~ • Defer action on this item to anothE ~ V. ATTACHMENTS . ~ • Kesoiuuon. • City Code Subsection 205.15 VI. PRINCIl'AL PARTIES EXPECTED- AT MEETING • None. Council meeting. 0123attendance ~~- RESOLUTION NO. RESOLUTION REGARDING ATTENDANCE BY COUNCIL MEMBERS AT COUNCIL MEETINGS WHEREAS, the attendance of Council Members at meetings is one of the most important duties imposed by law on members; and WHEREAS, member presence to participate in hearings, deliberations and decisions of the Council is essential to the proper discharge of the member's official duties; and WHEREAS, recognizing that it is not always possible for a member to be present at all meetings and that by reason of business demands, state of health, personal problems, vacations and other matters, occasional absences are excusable; and WHEREAS, Subsection 205.15 of the Richfield City Code establishes rules for attendance at City Council meetings that may be invoked by resolution of the Council. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota that the following rules apply to absences of Council Members from meetings during calendar year 2005: 1. This resolution applies to all regular meetings of the Council, as defined in Subsection 205.01 of the Richfield City Code. This resolution also.applies to duly called special business meetings of the Council. The resolution does not apply to special informational or special ceremonial meetings. Special Council meetings are those called pursuant to Subsection 205.03 of the Richfield City Code. For purposes of this resolution, special meetings are further categorized as: a) .Special business meetings. Special business meetings include: Special meetings called to conduct official business of the City where the Council considers action requiring a vote of the City Council; special work study meetings; and special meetings called for the purpose of conducting a public hearing. b) Special informational meetings. Special informational meetings are those called for the City Council to receive information or to participate m discussion but where no official action of the City Council is taken, except that the term does not include special work study meetings or meetings called. for the purpose of conducting a public hearing. c) Special ceremonial meetings. Special ceremonial meetings are those called for ceremonial activities but where no official action of the City Council is taken, including ribbon cuttings, community celebrations and similar activities. 2. Any member of the Council desiring to be excused shall insofar as possible, give advance notice to the City Manager stating i) the meeting at which the member will be absent; ii) the member's reason for being absent; and iii) the member's location during the meeting. 3. At the beginning of each regular or special business meeting, the Clerk shall call the roll. If a member is absent, the City Manager shall report any communication from the absent Council Member regarding the reason for absence. The Mayor shall request the Council Members to determine whether the absence is excusable or inexcusable. 4. For each unexcused absence from a. regular or special business meeting, the absent member shall be penalized by a fine of $25 and the Mayor, if absent, shall be penalized by a fine of-$50. The fine shall be automatically deducted from the next Council Member payment unless otherwise directed by a majority of the City Council Members present. ~`V'o~- 5. This resolution remains in effect until December 31, 2010 unless revoked prior to that date by resolution of the City Council. This resolution supersedes Resolution No. 10200. Ado ted by the City Council of the City of Richfield, Minnesota this 12th day of January, 2015. - e ie oette , ayor ATTEST: ancy i s, ity er ~~~ Richfield City Code 205.15 (Rev. 2000) 205.15. Attendance at council meetings. Attendance of council members at meetings is one of the most important duties imposed by law on members. Member presence to participate in the hearings, delib- erations and decisions of the council is essential to the proper discharge of the member's official duties. Recognizing that it is not always possible for a member to be present at all meetings, and that by reason of business demands, state of health, personal problems, vacations and other matters occasional absences are excusable, the following rules apply to absences. of council members from meetings when invoked by resolution of the council: (a) such rules shall remain in effect until the end of the calendar year during which the resolution is passed unless revoked prior to that time by resolution of the council; (b) unless excused by a majority of the city council, a member of the council may not be absent from any regular meeting or from such special meetings as the council may specify in the resolution; (c) for each unexcused absence from a regular or special meeting of the council each council member may be penalized by a fine of not to exceed $75, and the mayor may be penalized by a fine of an amount not to exceed $100, but the resolution may specify a lesser penalty for absence from a special meeting than a regular meeting; (d) any member of the council desiring to be excused shall insofar as possible give advance notice to the manager, stating (i,) the meeting at which the member will be absent, (ii) the member's reason for being absent and, (iii) the member's location during the meeting. (Amended,. Bill No. 2000-3) AGENDA SECTION: CONSENT AGENDA ITEM # 4C REPORT # 4 STAFF REPORT CITY COUNCIL MEETING JANUARY 12,1010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: I ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution designating an official newspaper for 2010. I. RECOMMENDED ACTION: By Motion: Approve the resolution designating the Richfield Sun- Current as the official newspa er for the Cit of Richfield for 2010. II. BACKGROUND The Richfield Sun-Current, published by Minnesota Sun Publications, has been the City's official newspaper for many years. Attached is a copy of a letter from Minnesota Sun Publications requesting that they be designated the official newspaper for the City of Richfield for 2010. The 2010 advertising rate structure for legal notices is as follows: 1 Column width $14.30 per inch for first insertion $ 7.15 per subsequent inch There are 11 lines per inch. The-2009 rate was the same as the rate proposed for 2010. For 2010 the Minneapolis Star Tribune Newspaper could be considered as the official newspaper. Attached is a fax of the 2010 advertising rate structure for. legal notices in the Sunday and weekday, metro and statewide issues. The rate is $3.40 NANCY GIBBS, CITY CLERK NAME, TITLE 0112newspaper per line. The. 2009 rate was the same as the rate proposed for 2010. Based on the 2010 rates for 11 lines per inch, the total would be $37.40 per inch in the Star Tribune. compared to $14.30 per inch in the Sun-Current. III. BASIS OF RECOMMENDATION A. POLICY • The City of Richfield Charter requires, in Section 13.01, that the City Council annually designate an official newspaper for the City. • The Sun-Current has expressed an interest in continuing to serve as the official newspaper of the City. • The Sun-Current has served well as the official paper for many years. B. CRITICAL ISSUES • -The designation must be made at the first meeting of the new .year. C. FINANCIAL • :.The cost of the official publication is reasonable. D. LEGAL • A newspaper must be designated each year by-the City for publication of all official and legal City business. IV. ALTERNATIVE RECOMMENDATION~S~ • Not make a designation and request the City Clerk's office to check into using another publication. V. ATTACHMENTS • Resolution Letter from Minnesota Sun Publications Fax from Star Tribune VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • None ~fC-f s RESOLUTION NO. RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2010 WHEREAS, the Charter of the City of Richfield requires iri Section 13.01 thereof that the City Council annually designate an official newspaper for the City. NO_W, THEREFORE, BE IT RESOLVED that the Richfield Sun-Current is designated the official legal newspaper for the City of Richfield for 2010 for all publications required to be published therein. _ Adopted by the City Council of the City of Richfield, Minnesota this 12t" day of January, 2010. Debbie Goettel, Mayor ATTEST: ~, Nancy Gibbs, City Clerk tt.~~D ~4~ ' ~b~r~e BeBCOR ~ l`: ~ ~_ -° PRFSSEWS 71e`"sp~ ~X~ wwwanasun.com ~ Sun Patriot ~~ Newspapers ~t~rc~at~r ~ ~~ i~~~~ 116 East River 408 E. Main St. Monticello, MN 55362 Melrose, MN 56352 33 Second St. N.E. 10917 Valley View Road Osseo, MN 55369 Eden Prairie, MN 55344 8 Elm Street South Waconia, MN 55387 1931 Curve Crest Blvd. Stillwater, MN 55082 November 2009 City of Richfield City Council 6700 Portland Avenue Richfield, MN 55423-2599 Dear City Council Members: The Richfield Sun-Current would like to be considered for designation as the legal newspaper for the City of Richfield- for the upcoming year. All published. legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-Current is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our pa-per have the best chance of-being seen and read. We'would like to continue working with you, therefore, we will not be making a rate change for the corriing. year. -- The-rate structure.for fegals effective the first of the year will be: 1 column width: $14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E-mailing the legal notices is an efficient and accurate way of getting the notices to us. The e-Mail address #or the legals department is sunlegals@acnpapers.com. If you require more information to make your deci- sion, please contact me or IVlary Ann Carlson, our Legals Representative, at 952-392-6829. Thank you for considering the Sun:Current as the official newspaper for the City of Richfield for the upcoming year. We appreciate the opportunity to serve the needs of your community. In the Community • With the Community • For the Community 12/15/200918:10 FAQ 612 673 4884 STAR TRIBUNE CLS. ADV. ~~~ ~~ ' ~ Fool ,, ~I k 5itar'Triburt~ To: City Clerk, Ci#y of Richfield VFrom: Linda Thies, Star Tribune Fa~c 612-861-9?49 tees: 1 Phones ~ fie: 12/15/09 ; ti -~- ~ Legal Notice Rates cc: '! ;. The Star Tribune Legal Notice rate is $3.40 per line. Statewide ,.: ~~ and Online are included at no additional charge. • ~+ if you have any ques#ions or I can be of further assistance, please do nc~t hesitate to call. . :~ . ,,. ,: a . :, undo shies ~ { saw . c~assi~ed cgu center s,2.673-451s'~ pEt«-e • 6i2~673-4884 tax ~i StarTribume_ __ _-_ ftr,ies4~startriixine.corr- .t ~L25 Pbrtlsnd Avame Minneapolis, MN 65488-0002 ! { • , ~' ~~ ,; 1i ,~ • i€ ~_ ; • ' .~ AGENDA SECTION: CONSENT AGENDA ITEM # 4D REPORT # 5 STAFF REPORT CITY COUNCIL MEETING JANUARY 12, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: CHRIS REGIS, FINANCE MANAGER ITEM FOR COUNCIL CONSIDERATION: Consideration of resolutions designating official depositories for the City of Richfield for 2010, includin the a royal of collateral. I. RECOMMENDED ACTION: By Motion: Adopt the attached resolutions designating official depositories, with the understanding that the City could not invest in any of the depositories beyond the level of insurance coverage or the pledged collateral. II. BACKGROUND N/A III. BASIS OF RECOMMENDATION N/A A. POLICY • ~ In accordance with Minnesota Statutes Section 118A.01 - 118A.06, the City of Richfield must designate financial institutions annually. The institutions must pledge the collateral over and above the amount of federal insurance, as public depositories. U.S. Bank acts as the banking institution in the City's banking arrangement with the 4M Fund. Monies received, checks written by 0112depositories the City, flow through U.S. Bank, however, at the end of each business day, any proceeds remaining in City U.S. Bank accounts are swept to the 4M Fund to be invested. Therefore, at the end of the business day the City accounts are zero, which. means the collateral requirements of Minnesota Statutes Section 118A.03,are not required. Accordingly, U.S. Bank has met all other statutory requirements and should be considered as a depository for the City's Deputy Registrar, payroll and vendor accounts and all savings deposits. • The City-must also designate annually, certain savings and loan associations, banks, and credit unions as official depositories for deposit and investment of certain City funds. With approval of these official depositories, the -City will be able to deposit and invest funds in these institutions, not exceeding the federal insurance of $250,000. • Finally, a designation must be made for certain financial institutions as depositories for the investment of City funds for 2010. These institutions, such as investment brokerage firms, offer government securities in the manner required by law. These financial institutions include U.S. Bank, RBC Dain Rauscher, Wells Fargo Institutional Brokerage & Sales, Morgan Keegan & Company, Northland Securities .and the 4M Fund. B. CRITICAL ISSUES • N/A C. FINANCIAL, • N/A D. LEGAL • The City is required by Minnesota Statute 118A.01 - 118A.06, to designate as a depository of funds, irisured banks or thrift institutions. Any collateral so deposited is accompanied by an assignment pledged to the City in the amount specified in the attached resolutions. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION~S~ • The City Council could solicit other financial institutions for official depositories, but past relationships with the depositories recommended have proven satisfactory for the City. V. ATTACHMENTS • Resolution designating US Bank a depository of funds of the City of Richfield for the year 2010. . • Resolution designating certain savings and loan associations, banks, and credit unions as depositories for the investment of City funds in 2010. • Resolution designating certain financial institutions as depositories for the investment of Citv of Richfield funds in 2010. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~- i RESOLUTION NO. RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS OF THE CITY OF RICHFIELD FOR THE YEAR 2010 BE IT RESOLVED, by the City Council of the City of Richfield as follows: That, in accordance with Minnesota Statutes, Section 118A.01- 118A.06, U.S. Bank be, and hereby is designated a depository of the funds of the City of Richfield, subject to modification and revocation at any time by said City, and subject to the following terms and conditions: The said depository shall not be required to give bonds or other securities for such deposits provided that the total sum thereof shall not at any time exceed in any depository the sums for which its deposits are insured under the Acts of Congress of the United States relating to insurance of bank deposits; but that in case such deposits in any such depository shall at any time exceed such insured sum, said depository shall immediately furnish bonds or other security for such excess according to law, approved by the City Council of said City. That said depository shall pay on demand all deposits therein; and shall pay all time deposits, at or after the end of the period for which the same shall be deposited, on demand. BE IT FURTHER RESOLVED, that there shall be maintained a general account in which shall be deposited all monies from the water, sewer, storm sewer, liquor, swimming pool/ice arena, deputy register fees, City permits and other deposits not otherwise specifically provided for. The following officers or their facsimile signatures shall sign checks on this account; STEVEN L. DEVICH, CITY MANAGER CHRIS REGIS, FINANCE MANAGER BE IT FURTHER RESOLVED, that all funds remaining in the account at the end of each business day will be transferred from U.S. Bank to the 4M Fund where funds deposited are invested and insured. Passed by the City Council of the City of Richfield, Minnesota this 12th day of January, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk "i~"a` RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS, BANKS AND CREDIT UNIONS AS DEPOSITORIES FOR THE DEPOSIT AND INVESTMENT OF CITY FUNDS IN 2010 BE IT RESOLVED, by the City Council of City of Richfield, Minnesota WHEREAS, pursuant to Minnesota Statutes, Sections 118A.01 - 118A.06, municipal funds may be deposited in any Savings and Loan~Association, Bank or Credit Union which has its deposits insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Administration (NCUA), and WHEREAS, the amount of said deposits may not exceed the FDIC/NCUA insurance covering such deposits which insurance amount is presently $250,000, and WHEREAS, the deposit of City funds in Savings and Loan Associations and Banks would provide greater flexibility in the City's investment program and maximize interest income thereon, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City funds that various banks be designated as additional depositories for City funds for 2010. 2. It is further found and determined that the purpose of such depository designation is to facilitate the proper and advantageous deposit and investment of City funds and that such designation is not exclusive nor does it preclude the deposit of any City funds in other officially designated depositories of the City. 3. The Treasurer and Finance Manager are hereby authorized to deposit City funds in various depositories up to the amount of $250,000, or such other amount as may be subsequently permitted by law, such deposits to be in the form of demand accounts, payable to the City of Richfield on the signatures of the City Treasurer or Finance Manager. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager as his best judgment and the interests of the City dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies of the City regarding the investment of City funds. Adopted by the City Council of the City of Richfield, .Minnesota this 12th day of January, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk ~,D~~ RESOLUTION NO. RESOLUTION DESIGNATING CERTAIN FINANCIAL INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF CITY OF RICHFIELD FUNDS IN 2010 WHEREAS, the City of Richfield has money which is available for investment, and WHEREAS, .different financial institutions offer different rates of return on investments,. and WHEREAS, the City of Richfield shall purchase U. S. Treasury Bills, U. S. Treasury Notes and other such government securities in the manner required by law from the institution offering the highest rate-to the City of Richfield providing greater flexibility in the investment program and ,maximize interest income thereon. NOW, THEREFORE, BE IT RESOLVED, by the City of Richfield, Minnesota, in accordance with Minnesota Statutes, Sections 118A.01 - 118A:06, as follows: 1. It is hereby found and determined that it is in the best interest of the proper management of City of Richfield funds that certain financial institutions be designated as additional depositories for City of Richfield funds for 2010. 2. The following financial institutions designated as depositories for the City of Richfield funds: RBC Dain Rauscher, Inc. Morgan Keegan & Company Wells Fargo Institutional Brokerage & Sales 4M Fund Northland Securities, Inc. 3. The Treasurer and Finance Manager are hereby authorized to deposit the City of Richfield funds in any or all of the depositories herein designated. Such deposits may be made and withdrawn from time to time by the Treasurer or Finance Manager's judgment and as the interest of the City of Richfield dictates. 4. The investment of funds and the reporting thereof pursuant to this resolution shall be conducted in accordance with established policies regarding the investment of these funds. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of January, 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 4E REPORT # C) ~~' STAFF REPORT CITY COUNCIL MEETING TTANUARY 12, 20.10 REPORT PREPARED BY: CHRIS REGIS, FINANCE MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution authorizing the use of credit cards by City employees otherwise authorized to make urchases on behalf of the Cit . I. RECOMMENDED ACTION: By Motion: Adopt the resolution authorizing the use of City credit cards by City employees otherwise authorized to make purchases on behalf of the Citv. II. BACKGROUND • Minnesota Statutes Section 471.382, require the City of Richfield to authorize the use of credit cards by any City employee otherwise authorized to make a purchase on behalf of the City. • In today's business environment, most retail businesses, will no longer allow the City to purchase on account and will only accept a City check or a City credit card: • Consequently, the use of a City credit card provides efficiency and flexibility for employees to purchase goods and services on behalf of the City. • In addition to the existing credit cards used, the City has entered the Purchasing Card program as offered through US Bank. The program is designed to make the purchasing/procurement process for low dollar valued items more efficient. The intent is to save time and paperwork by reducing the need for purchase orders, petty cash, check requests and employee reimbursements. • It is planned that the City Purchasing card program will begin in early 2010 on a limited basis. The program will allow controls to be put in place to limit 0112credit card use monthly and single purchase amounts. Finally, a City Purchasing Card Policy has been established which is consistent with the City's Purchasing Policy and Minnesota Statutes. • The City currently uses the following credit cards: Five VISA credit cards issued through the Richfield Bloomington Credit Union in the name of the City. The cardholders are the following: • City Manager • Public Safety Director • Public Works Director • Community Development Director _, Recreation Services Director • Five British Petroleum (BP) credit cards issued to the City of Richfield Department of Public Safety. The cardholders are the Deputy Director/Deputy Chief, the three Police Lieutenants, and one Police Officer.. • Three Roundy's credit cards issued to the City of Richfield Recreation Services Department and Public Safety Department. The Recreation Administration, Wood Lake Nature Center, Ice Arena and the Public Safety Administrative Aide use the cards. • Two Petco credit cards issued to the City of Richfield Public Safety Department. The credit cards will be maintained by tie following: • Canine Officers (2) -two cards. • US Bank Purchasing Card Program. The following ten purchasing cards will be issued to the following: • Building Services Employees (3) -three cards. • Utility Department Employees (2) -two cards. • Information Technology Employees (4) -four cards. • Finance Manager -one card. III. BASIS OF RECOMMENDATION A. POLICY • In accordance with Minnesota Statutes Section 471.382, the City of Richfield must authorize the use of credit cards by any City employee otherwise authorized to make a purchase on behalf of the City. • Further, if a City employee makes or directs a purchase by credit card that is not approved by-the City Council, the employee could. be personally liable for the amount of the purchase. • A purchase by credit card must otherwise comply with all statutes, rules, and City policies applicable to City purchases. ,- • Finally, the City's auditors recommend that the City authorize the use of credit cards by City employees on an annual basis. B. CRITICAL ISSUES • N/A C. FnvANCIAI., • The holders of City credit cards are responsible for reviewing and approving all .purchases entered into with the credit card.. D. LEGAL • The City is required by Minnesota Statute 471.382, to authorize the use of credit cards by City employees otherwise authorized to make purchases on behalf of the City. E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could decide to not authorize the use of credit cards by City employees: However, most retail businesses in today's environment will no longer allow the City to purchase on account and will only accept a City check or a City credit card. The. use of City credit cards by employees provides efficiency and flexibility for employees to purchase goods and services on behalf of the City. V. ATTACHMENTS • Resolution authorizing the use of a credit card by City employees otherwise authorized to make purchases on behalf of the City. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~-~ ...RESOLUTION NO. RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY CITY EMPLOYEES OTHERWISE AUTHORIZED TO MAKE PURCHASES ON BEHALF OF THE CITY OF RICHFIELD FOR THE YEAR 2010 BE IT RESOLVED, by the City Council of the City of Richfield as follows: .That, in accordance with Minnesota Statutes, Section 471.382, the City Council of the City of Richfield may authorize the use of a credit card by City employees otherwise authorized to make a purchase on behalf of the City. The authorization is subject to modification and revocation at any time by said City Council, of the City of Richfield, and subject to the following terms and conditions: If a City employee makes or directs a purchase by credit card that is not approved by the City Council, the employee can be personally liable for the amount of purchase. The purchases by credit card must, comply with all statutes, rules and City of Richfield policies applicable to City purchases. BE IT FURTHER RESOLVED, that designated City staff is hereby authorized to use the following City credit cards to make purchases on behalf of the City of Richfield: • Five VISA credit cards issued through the Richfield Bloomington Credit Union in the name of the City: The cardholders are the following: • City Manager • Public Safety Director • Public Works Director • Community Development Director • Recreation Services Director • Five British Petroleum (BP credit cards issued to the City of Richfield Deppartment of Public Safety. The cardholders are the following: • De uty Director/De uty Chief (1) • Police Lieutenants (p3) • Police Officer • Three Roundy's credit cards issued to the City of Richfield Recreation Services Department and Public Safety Department. The credit cards to be maintained by the following • Recreation Administration Division • Wood Lake Nature Center Division • Ice Arena Operation • Public Safety Administrative Aide • .Two Petco credit cards issued to the City of Richfield Public Safety Department. The credit cards will be maintained by the following: • Canine Officers (2) -two cards. • Ten US Bank Purchasing cards. The cardholders will be the following: • Building Services Employees (3) -three cards. • Utility epartment Employees ( ) -two cards. • Information Technology Employees (4) -four cards. • Finance Manager -one card. Passed by the City Council of the City of Richfield, Minnesota this 12th day of January, 2010. e ie oette , ayor ATTEST: ancy i s, ity er AGENDA SECTION: CONSENT AGENDA ITEM # /~g REPORT # 7 ~. STAFF REPORT CITY COUNCIL MEETING JANUARY 12, 2010 REPORT PREPARED BY: JAY HENTHORNE, POLICE LIEUTENANT NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Council approval of a resolution accepting $1,500 grant funds from the Richfield Foundation for the Cinco de Mayo Celebration. I. RECOMMENDED ACTION: By Motion: Approve the attached Resolution authorizing acceptance of $1500 grant funds from the Richfield Foundation for Public Safety/Police towards the Cinco de Mavo Celebration in 2010. II. BACKGROUND The Cinco de Mayo Celebration was celebrated on May 5, 2009 at the Richfield Community Center. This successful event was collaboration with the Richfield Department of Public Safety and the JCPP (Joint Community Police Partnership) of Hennepin County. The purpose of the event is to engage the multiple cultures that exist in the City of Richfield in a positive setting. The overall goal is to seek to lessen misunderstandings and fear of the police in the different cultures that represent our residents. The business community has .also been involved through volunteering staff and donations of food and entertainment. 0112 Acceptance of Grant for Cinco de Mayo Grant funds from Richfield Foundation In October, a grant was applied for through the Richfield Foundation to help off set the cost of this event. The Department of Public Safety was informed by the Richfield Foundation, by letter on November 25, 2009, that the department was awarded a grant of $'i,500 for the event to be held in 2010. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and passed by more than two- thirds majority of the City Council in accordance with Minnesota Statute 465.03: B. CRITICAL ISSUES • The grant from the Richfield Foundation for $1,500 will be used towards the funding of the 2010 Cinco de Mayo Celebration. • All grant funds will be used to support the program indicated above. C. FINANCIAL • A check in the amount of $1,500-will be designated for the Cinco de Mayo Celebration. • The money will be used to help offset the cost of entertainment, food, and educational programming. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Council could decide not to accept the grant money from the Richfield Foundation and the funds would be returned. V. ATTACHMENTS • Resolution No. VI, PRINCIl'AL PARTIES EXPECTED AT MEETING • N/A `tF= I RESOLUTION NO. RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO ACCEPT A GRANT OF $1,500 FROM THE RICHFIELD FOUNDATION TO FUND THE 2010 CINCO DE MAYO CELEBRATION IN RICHFIELD WHEREAS, Richfield Police has been approved by the Richfield Foundation in response to a grant application to receive $1,500 in grant monies; and, WHEREAS, the Richfield Foundation grant monies have been allocated to fund the Cinco de Mayo Celebration to be held in 2010; and, WHEREAS, Richfield is scheduled to receive a total of $1,500 from the Richfield Foundation. The Foundation's mission is to provide the means to develop resources that support and fund new and existing organizations to improve quality of life for Richfield's diverse population; and, WHEREAS, the Richfield Foundation grant is in the name of the Richfield Department of Public Safety; and, _ WHEREAS, the donations from the Richfield Foundation are designated for the Richfield police and JCPP in cooperation with each other to plan and host the Cinco de Mayo Celebration. NOW, THEREFORE,. BE IT RESOLVED that the City of Richfield, Public Safety Department will accept funds designated for police programs in accordance to and as listed above. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of January 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # 4G REPORT # g STAFF REPORT CITY COUNCIL MEETING JANUARY 12, 2010 REPORT PREPARED BY: MICHAEL FLAHERTY, POLICE LIEUTENANT NAME, TITLE DEPARTMENT DIltECTOR REVIEW: SIGNATU REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of an agreement between Wal-Mart of Bloomington and the City of Richfield to receive rant funds for the Richfield Police canine unit. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the acceptance of grant funds from Wal-Mart, 715 East 78th Street, Bloomington MN, to be used for funding the Richfield Police .canine unit.- II. BACKGROUND It is Wal-Mart's corporate policy to give back to the local community each year, and each store is authorized. funds to be given to local organizations. The Bloomington Wal-Mart Store, 715 East 78th Street, has been open for fourteen years. Throughout their history they have made financial contributions locally. The Bloomington Wal-Mart had approximately $20,000 available for grants and selected Richfield Police as one of the recipients of this grant money. The department was awarded a grant of $1,500. III. BASIS OF RECOMMENDATION A. POLICY • Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution of more than two-thirds majority of the City Council. 0112 Wal-Mart Grant for K-9 Program The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and passed by more than two- thirds majority of the City Council in accordance with Minnesota Statute 465.03. B. CRITICAL ISSUES • The Wal-Mart grant is for use by the Richfield Police for their canine unit expenses. C. FINANCIAL • The grant funds of $1,500 will be designated for the Police Canine Unit. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The City Council could disapprove the resolution, which would void the agreement. V. ATTACHMENTS • Resolution Number VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~~_i RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD/POLICE TO RECEIVE GRANT FUNDS FROM WAL-MART, BLOOMINGTON, TO ASSIST THE RICHFIELD POLICE CANINE UNIT WITH THE MAINTENANCE AND CARE OF THE TWO RICHFIELD CANINES WHEREAS, the Bloomington Wal-Mart corporation has a policy to give back to the local community each year; and WHEREAS, the Bloomington Wal-Mart has throughout their history made financial contributions locally; and, WHEREAS, Richfield Police has been selected as the recipient of grant funds designated for the Richfield Police Canine Unit. NOW, THEREFORE, BE IT RESOLVED that Richfield Public Safety/Police will accept a community grant of $1500 from the Bloomington Wal-Mart store. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of January 2010. Debbie Goettel, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: CONSENT AGENDA ITEM # !+g REPORT # 9 ~~' STAFF REPORT CITY COUNCIL MEETING JANUARY 12, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of a 2010 contract with the City of Bloomington for PHER I-II-III (Public Health Emergency Response) grant activities as required by the Centers for Disease Control, through the Minnesota Department of Health, to be used for vaccination clinics, supplies and planning for mass dispensing within the community relating to H1 N1. I. RECOMMENDED ACTION: By Motion: Approve a 2010 contract with the City of Bloomington for PHER I-II-III (Public Health Emergency Response) grant activities as required by the Center for Disease Control, through the Minnesota Department of Health, to be used for vaccination clinics, supplies and planning for mass dispensing within the community relating to H1 N1. II. BACKGROUND In order for Public Health to prepare for and respond to H1 N1, the Centers for Disease Control (CDC) is providing new funding referred to as Public Health Emergency Response (PHER) I-II-III funding. This funding is new and is in addition to the Public Health Emergency Preparedness (PREP) funding that the Minnesota Department of Health and Local Public Health have been receiving since 2002. PHER I and II grant duties focus primarily on planning and preparedness and initial actions related to vaccination, antiviral distribution, community mitigation and other related activities. 0112 2010 Bloomington PHER I-II-III PHER III grant dollars are expected to be used in addressing gaps in capabilities for mass vaccination implementation and to support activities related to implementation of mass vaccination campaigns at the state and local levels. Richfield will receive funds as follows: PHER I and II $26,717 PHER III $56,418 This is a contractual agreement with the City of Bloomington for the period of time from October 1, 2009 through July 31, 2012 to provide grant duties that relate to grant fund requirements for the City of Richfield. Richfield will contract with Bloomington for PHER I and II grant requirements in the amount of $24,917 and will contract for: PHER III grant requirements in the amount of $54,618. Richfield will retain $1,800 of PHER I and II grant funds to cover Richfield staffing costs and $1,800 of PHER III funds for~Richfield staffing costs. III. BASIS OF RECOMMENDATION A. POLICY • The City of Bloomington has sufficient resources to provide a .professional level of public health services to Richfield residents. B. CRITICAL ISSUES • None C. FINANCIAL • None D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • None 1 V . ALTERNATIVE KECOMMENDATION(S) ~ • The City Council could decide not to approve the contract with the City of Bloomington for the services required by the PHER I-II-III grant funds. This would mean that the City would have to hire a staff person to assume some of the grant's responsibilities, which cannot be met with current City staffing levels and would result in a budget increase. ATTACHMENTS ~ • City of Bloomington Public Health Emergency Response (PHER) I-II-III contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~ -~-1 AGREEMENT This Agreement is made this day of , 2009, 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, THEREFORE, 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, 2010 through December 31, 2010, subject to termination as provided in paragraph 7. 2. For the term of this agreement, Bloomington shall provide Richfield with the following services, in and on behalf of Richfield: a. Food establishment inspections and code enforcement as necessary. A minimum of two inspections will be done of all. "high risk" food service establishments and schools per year. At least one inspection will be done of all "high risk" retail food establishments. "Low risk" food establishments will be inspected once per 24 months and "medium risk" food establishments once per year. b. Plan check and preopening construction inspections for new and remodeled food and lodging establishments. c. Public swimming pools inspected at least once per year with a goal of two inspections per year. This includes an opening inspection of all outdoor public pools at the beginning of the. summer swimming season. d. Lodging establishments inspected at least once per year. e. Investigation and resolution of complaints associated with food and lodging establishments and public swimming pools. ~I~-i- a 3. Bloomington shall have control over the manner in which the inspections, plan review and code enforcement activities are conducted and over the determination of what enforcement action is appropriate and consistent with Richfield City Code Section 615 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 2010, Richfield shall pay Bloomington the sum of NINETY THOUSAND, SIXTY AND NO/10Q DOLLARS ($90,060.00) for services provided pursuant to this agreement. One-half of this amount shall be due on June 30, 2010, and the remainder shall be due on November 30, 2010. 6. This agreement shall terminate 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, 2010. 7. In the event of a termination prior to December 31, 2010, 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 hold 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 defenses, immunities or limitators 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 claims, actions, damages, losses and expenses arising out of or resulting from Richfield's performance of the duties required ~-~1-3 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 Richfield. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third parties. 10. Bloomington shall carry liability insurance in the amount of at least $300,000 per individual and $1,000,000 per occurrence. Bloomington shall carry property damage liability insurance in the amount of $100,000. Richfield shall be named as an additional insured, and a certificate of said insurance shall be provided to Richfield. Bloomington shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd. 2 and further agrees to provide a certificate of said insurance to the Richfield. 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: a. Lead inspections and lab services; b. Housing and grossly unsanitary dwellings inspections and code enforcement services; and c. Mold inspection and code enforcement services. Such services shall be paid for by Richfield on an hourly basis at the rate of $60.00 per hour, 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 Agreemenf shall remain applicable with respect to the lead, housing, mold and unsanitary dwelling inspection 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, `t ~ " ~ . 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 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 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 benefits 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. 14. 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, Subd. S. 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. Bloomington and Richfield agree to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all ''(" ~ ` -~ services, programs, and activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U:S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact Human Services Division, City of Bloomington, 1800 West Old Shakopee Road, Bloomington, Minnesota 55431; telephone: 952/563-8700; TDD: 563-8740. Richfield agrees to hold harmless and indemnify Bloomington 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 by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Bloomington. 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 Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota, 55104. The parties hereto shall decide whether mediation shall be binding ornon-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. 1$. 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 hands on the day and year first written above Upon .proper execution, this Agreement shall be a legal and. binding obligation upon the City of Bloomington CITY OF BLOOMINGTON By: Its Mayor By: Its City Manager City Attorney `t~'l0 CITY OF RICHFIELD By: .Its Mayor By: Its City Manager AGENDA SECTION: CONSENT AGENDA ITEM # BFI REPORT # lO ~~' STAFF REPORT CITY COUNCIL MEETING JANUARY 12, 2010 REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: !G TURF REVIEWED BY CITY MANAGER: .., _ i ITEM FOR COUNCIL CONSIDERATION: Consideration and approval of a 2010 contract with the City of Bloomington to provide services in the area of public health emergency preparedness/bioterrorism and the development of a responses stem. I. RECOMMENDED ACTION: By Motion: Approve the 2010 contract with the City of Bloomington, using federal 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. II. BACKGROUND 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. 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 and training. 0112 2010 PHEP Contract The City of Richfield will receive $34,021 for the grant cycle, which runs from August 10, 2009 to August 9, 2010. The contract with the City of Bloomington for this same period of time for public health emergency preparedness is in the amount of $21,553 with a second amount of $7,304 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, exercises, training and activities. A remaining amount of $5,164 is retained by Richfield for staff time, training, planning and exercises in public health emergency preparedness activities. 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. Lisa Brodsky, 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. III. BASIS OF RECOMMENDATION A. POLICY • 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. B. CRITICAL 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. C. FINANCIAL • Funds being used are those given to Richfield as an LPH agency, from the federal government, to develop a system for responding to public health emergency preparedness and bioterrorism threats. D. LEGAL • The City must comply with the requirements of the grant in order to receive grant funds. E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • 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 grant's responsibilities, which cannot be met with current City staffing levels and would result in a budget increase. V. ATTACHMENTS • City of Bloomington Public Health Preparedness/bioterrorism contract VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None yj AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO BIOTERRORISM THIS AGREEMENT, is made and entered into this day of , by and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Richfield"). WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides 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, 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 Cities Readiness Initiative planning activities, and to contract with Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: A. Term. The term of this Agreement shall be from August 10, 2009 through August 9, 2010 provided that either party may terminate the same by sixty (60) days' written notice to the other. In the event of termination pursuant hereto, the quarterly payment next due ~~y~ shall be prorated and paid for only the period ended on the date of termination, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of Bloomington's invoice. B. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with the following PH Emergency Preparedness Services: 1. Bloomington shall participate in site visits, programmatic reviews, evaluations, training sessions, regional and/or statewide exercises, assessments, conference calls and meetings as requested or required by the STATE or CDC. 2. Bloomington shall coordinate with MDH to ensure compliance with National Incident Management System (NIMS) Compliance Objectives and Metrics for Local Governments throughout the grant period. NIMS Compliance Objectives and Metrics for Local Governments and the National Incident Management System NIMS 5-Year Training Plan are incorporated by reference. Bloomington shall address any specific questions to the OEP Training Coordinator in writing. 3. All exercises developed by Bloomington shall be in accordance with Homeland Security Exercise Evaluation Program (HSEEP) standards. Bloomington shall submit an exercise notification form and After Action Report and Improvement Plan (AAR/IP) to the 0EP Exercise Coordinator for each exercise conducted at any level with federal funds. The exercise notification form is located on the MDH Workspace and shall be submitted at the time of the initial planning conference and not later than a minimum of thirty (30) days prior to the exercise. The AAR/IP shall be completed in accordance with HSEEP standards and submitted within 60 days of the exercise and Bloomington shall monitor, implement and re-test by exercise all corrective actions for each exercise in accordance with HSEEP. 4. Bloomington shall complete and submit an After Action Report and Improvement Plan (AAR/IP) within sixty days of all significant Public Health incidents or events using HSEEP format. ~y 5. Bloomington shall update on or before 10 September 2009 a current roster of pre-identified public health agency staff available to fill appropriate Incident Command System (ICS) functional roles within the jurisdiction. Bloomington also shall maintain a roster of all staff qualified to fill secondary and tertiary roles for incidents anticipated to last twelve hours or longer. Staff assigned to ICS roles must have met NIMS training requirements and must be NIMS compliant. Bloomington shall update and maintain the roster throughout the grant period. 6. Bloomington shall conduct a minimum of two (2) Staff Alert and Notification exercises in accordance with HSEEP, consisting of both the staff notification and staff assembly. At least one (1) exercise must be unannounced and occurring outside of regular business hours. For the purposes of this requirement, Bloomington shall demonstrate the capability to notify primary, secondary, and tertiary staff to cover all incident management roles during a complex incident. Deadlines for conducting these exercises are 30 September 2009 and 30 July 2010. (This requirement maybe demonstrated by a response to a real public health incident by submitting the notification form and AAR/IP with a written request for review and consideration establishing the basis based on incident objective and capabilities within the time requirements for submission of an AAW/P. Determination will be made based upon the actual AAR/IP submitted for consideration. An AAR/IP that is not in HSEEP format or is incomplete will not be accepted.) 7. Bloomington shall conduct a minimum of two (2) Health Alert Network exercises in accordance with HSEEP. For the purposes of this contract, the Health Alert Network (HAN) is comprised of but not limited to: hospitals, clinics, veterinarians, emergency managers, long term care and those apparent and necessary according to agency discretion to ensure and efficient response to any public health emergency. Bloomington shall monitor response times and obtain a ~ Jr y minimum of 80% or greater response within one (1) hour. Deadlines for conducting these exercises are: 15 February 2010 and 15 July 2010. (This requirement maybe demonstrated by a response to a real public health incident by submitting the notification form and AAR/IP with a written request for review and consideration establishing the basis based on incident objective and capabilities within the time requirements for submission of an AAR/IP. Determination will be made based upon the actual AAR/lP submitted for consideration. An AAR/IP that is not in HSEEP format or is incomplete will not be accepted.) 8. Bloomington shall submit a comprehensive, functional and scalable Pandemic Influenza Operations Plan which includes but is not limited to 1) Base Plan, 2) Concept of Operations Section, 3) Pandemic Influenza Functions Section, 4) Flu Center Plan Section, 5) Asset Receipt and Distribution Section, 6) Community Mitigation Intervention Section, 7) Communication Section, 8) Regional Coordination Section and 9) Vaccine Management and Vaccination Section. The updated or new Pandemic Plan shall be written and submitted as directed by the Pandemic Influenza Supplement Guidance provided by MDH. The Flu Section shall be developed in consultation with local and/or regional health care system to address health care assessment/triage/referral/treatment surge issues. The Asset Receipt and Distribution Section shall include a plan for distributing supplies to support hospitals, alternate care sites, flu centers and other recipients as necessary to support a public health emergency. Plans that meets or exceeds CDC accepted criteria to be received at the STATE on or before 12:00 noon 30 September 2009. Bloomington shall make any required or recommended changes within 30 days of notice from the STATE and Bloomington shall resubmit the revised plan to the STATE. Failure to prepare and submit and obtain approval of the required Pandemic Influenza Operations Plan or meet ~S~ 5 other evidence based-benchmarks in the manner directed STATE or CDC may result in administrative sanctions. Plans shall be in PDF format and shall be submitted on a CD by certified mail as directed by the state. Paper copies will. not be accepted. 9. Bloomington shall designate a MN Responds administrator on or before 10 September 2009. Bloomington shall perform all activities or functions required by MN Stat. §145A and any additional state or federal requirements. 10. Bloomington shall develop, implement and maintain a plan for volunteer recruitment, training, retention and ensure activation 24-hour/7-days a week of MRC volunteers to ensure an efficient response to support a public health emergency. Bloomington shall collaborate on volunteer planning with other public and private partners including but not limited to local or regional health care providers, hospitals public and private, tribal governments including the Indian Health Service, and allied emergency preparedness partners including emergency management and disaster relief organizations. The STATE places special emphasis on planning partnerships with hospitals and tribal governments located within the same or adjacent MDH geographic region. Deadline for completion of this plan is 30 December 2009. Plans shall be written and formatted as directed by OEP. 11. Bloomington shall submit an updated Mass Dispensing Plan to the STATE for assessment on or before 12:00 30 September 2009. Plans shall address the elements in Sections 1, 10 and 12 of the CDC Local Technical Assistance Review (TAR) tool. The plan shall include details regarding mass distribution and administration and shall include a detailed security plan. If Bloomington scores 60% or less on Section 10 of the Local TAR tool they will be required to participate in a technical assistance visit and will be required to resubmit their corrected plan as directed by the STATE. Plans shall be in PDF format and shall ~"- b be submitted on a CD by certified mail as directed by the state. Paper copies will not be accepted. 12. As directed by the STATE, Bloomington shall conduct ongoing capacity building training specific to mass dispensing, mass vaccination and activities and functions of operating a mass dispensing or mass vaccination sites for employees and volunteers that will participate in a mass dispensing or vaccinating response. Bloomington shall enter the training into MN TRAIN within ten (10) days of the training date or provide the OEP Training Coordinator a roster within ten (10) days. 13. Bloomington shall conduct or participate in a Vaccination/Vaccine Distribution tabletop exercise with local partners including tribal government on or before 31 October 2009. 14. Grantee shall be prepared and operational by 1 November 2009 to distribute H1N1 vaccine and vaccinate targeted and general population according to MDH and CDC guidance. Bloomington shall maintain a working knowledge of local and regional plans to allow for successful coordination of plans and activities necessary to respond to a public health emergency in a timely and efficient manner. 15. By 9 August. 2010, Bloomington shall participate in a discussion about radiological dispersion device response activities to determine local health department roles as directed by the STATE. 16. By 9 August 2010, Bloomington shall participate in hazard vulnerability assessment activity planning discussions as directed by the STATE. 17. By 9 August 2010, Bloomington shall review Bloomington's Tier Certification and performance history with their Public Health Preparedness Consultant (PHPC) to determine if the current tier certification level accurately reflects their agency's ~z-~ public health preparedness capabilities or whether based upon that review a recertification is required. 18. Bloomington shall schedule a local CRI assessment with the OEP Cities Readiness Initiative Coordinator on or before 5 February 2010. Bloomington shall submit CRI Plan to STATE a minimum of three (3) weeks prior to the scheduled assessment. Plans shall be written and formatted as directed by MDH. Plans shall be in PDF format and shall be submitted on a CD by certified mail as directed by the STATE. Paper copies will not be accepted. CRI jurisdictions that received 70.0% or higher on their TAR score during the 2008-2009 grant year and no individual section of the TAR lower than 70% qualify for aself- assessment TAR review. 19. Bloomington shall obtain and maintain a passing score of 79% or higher on their individual agency's local Cities Readiness Initiative (CRI) assessment on or before 20 May 2010 and shall fully participate in any consultation meetings. 20. Bloomington shall fully incorporate the Point of Dispensing (POD) standards provided by DSNS into local plans. 21. Bloomington shall complete a minimum of three (3) DSNS drills and one (1) regional full-scale or regional functional exercise during the grant performance period of 10 August 2009 to 9 August 2010 in accordance with the following: a. Bloomington must conduct a minimum of three (3) different DSNS drills during the period of 10 August 2009 to 15 April 2010. Each drill shall be of a different type. Bloomington may not complete the same type of drill more than one (1) time. 1) There are two (2) suites of separate modular drills from which Bloomington shall conduct the three (3) drills. ~ I~ 8 2) The first suite of drills consists of resource allocation game, distribution tool intended to be used as a tabletop exercise, and decision-making evaluation tool. 3) The second suite of drills consists of staff call down, site activation, facility setup, and dispensing and/or modeling of throughput. 4) Bloomington shall consult the CDC website for specific drill information and requirements. b. Bloomington shall conduct at least one (1) regional full-scale or regional functional exercise that tests key components in mass/prophylaxis/dispensing plans in the CRI MSA that includes all pertinent jurisdictional leadership and emergency support function leads, planning and operation staff and all applicable personnel on or before 15 May 2010. 22. Bloomington shall conduct or lead in additional exercises and participate in other activities including serving on designated committees relating to the Strategic National Stockpile (SNS) as directed by CDC or MDH. 23. Bloomington shall participate in planning and evaluation meetings and other activities required for the postal distribution plan. 24. Bloomington shall support postal worker and security officer recruitment and related health screening activities for postal plan distribution. 25. Bloomington shall participate in postal distribution exercise planning and implementation. 26. By 9 August 2010 Bloomington shall report on the challenges or approaches for alternate dispensing methods and shall submit a list of agreements in place for vaccine and antibiotic distribution as directed by the STATE. ~{l ~ 9 27. Bloomington shall provide the PH Emergency Preparedness Services and CRI Duties pursuant hereto on a confidential basis, using capable, trained professionals. 28. All PH Emergency Preparedness Services and CRI Duties to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, provided, however, that (i) no policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity of PH Emergency Preparedness Services and CRI Duties to be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving services from Bloomington, whether residents of Richfield or Bloomington. Richfield agrees to adopt the same policies, rules and procedures as are from time to time adopted by Bloomington, if determined by Richfield to be necessary or desirable to facilitate or regulate the provision of PH Emergency Preparedness Services and CRI Duties by Bloomington to residents of Richfield pursuant hereto. C. Payment. Richfield agrees to pay Bloomington $21,553 for the provision of PH Emergency Preparedness Services, and $7,304 for CRI Duties during the term of this Agreement, for the total amount of $28,857 on terms as follows: a. Bloomington shall bill Richfield for PH Emergency Preparedness Services and CRI Duties. Payment shall be made within fifteen (15) days of receipt by Richfield of Bloomington's invoice. ~T~~o b. No payment or payments need be made by Richfield under this Agreement while Bloomington is in default under any of the terms and conditions hereof. c. 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, at reasonable business hours. 29. 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; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. 30. Bloomington's Division of Public Health 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 the respective Richfield departments shall request. 31. Bloomington also agrees to send to Richfield quarterly reports describing the activities performed and PH Emergency Preparedness Services and CRI Duties rendered pursuant to this Agreement. Such report shall be in such detail and form as Richfield may reasonably request. Also, at Richfield's request, made not more than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall attend meetings of the Richfield City Council or appropriate board or commission to answer questions-and give further information relative to the activities performed `t ~'' and PH Emergency Preparedness Services and CRI Duties rendered under this Agreement. 32. Bloomington hereby agrees to maintain in force its present policy of comprehensive general liability insurance in compliance with Minnesota Statutes, Section 466, and professional liability coverage in the amount of $1.5 million dollars ($1,500,000) per occurrence and $1.5 million dollars ($1,500,000) in aggregate for the term of this contract. A copy of the policies shall be furnished to Richfield. Said policy shall be with an insurance company authorized to do business in Minnesota. D. MISCELLANEOUS PROVISIONS 33. The parties agree to comply with the following laws and regulations: a. ADA. Richfield agrees fo comply with the Americans with Disabilities Act of 1990 (ADA) and agrees to hold harmless and indemnify the City of Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Bloomington. The City of Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For y~-~~ information contact the Human Services Division, City of Bloomington, 1800 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952) 563-8740. b. Human Rights. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. 34. Non-Assignment. The parties agree this Agreement shall not be assignable except at the written consent of both parties. 35. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 36. Data Practices. Each party will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. 37. Indemnification. a. Richfield shall defend, indemnify, and hold harmless Bloomington, its officials, employees, volunteers and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from Richfield's (including its officials, employees, volunteers or agents) performance of the duties required under this Agreement. b. Bloomington shall defend, indemnify, and hold harmless Richfield, its officials, employees, volunteers and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from Bloomington's (including its ~~~1 officials, employees, volunteers or agents) performance of the duties required under this Agreement. c. Liability for Richfield and Bloomington shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. Nothing in this Section is intended or shall operate as a waiver of any defenses or limitations on liability available under the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. The provisions of this Section are not intended for the benefit of any third party. 38. Mediation. The 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 Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. y~-i~ (THIS SECTION INTENTIONALLY LEFT BLANK) IN WITNESS WHEREOF, the parties have hereunto set their hands on the dates written below. CITY OF BLOOMINGTON: Dated: By: Its Mayor Dated: By: Its City Manager Reviewed and approved by the City Attorney. City Attorney CITY OF RICHFIELD: Dated: By: Dated: By: Its Mayor Its City Manager 0112PHEP AGENDA SECTION: CnNST?N'P AGENDA ITEM # LFJ REPORT # 11 r STAFF REPORT CITY COUNCIL MEETING JANUARY 12, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DNISION MANAGER ITEM FOR COUNCIL CONSIDERATION: Approval of the continuation of the agreement with the City of Bloomington for the provision of public health nursin services for the Cit of Richfield for the ear 2010. I. RECOMMENDED ACTION: By Motion: Approve the continuation of the agreement with the City of Bloomington for the provision of public health nursing services for the Citv of Richfield for the year 2010. IL .BACKGROUND In 1977, the State of Minnesota enacted the Community Health Services Act which transferred the responsibility for the administration of public health programs to local jurisdictions. The state also provided funds for the program, and encouraged local jurisdictions to increase the efficiency of their programs by grouping together whenever it made sense to do so. Richfield and Edina entered into a joint power agreement with Bloomington at the time and the program has been administered under a contract with them since then. The Act was revised in 2003 and is now referred to as the Local Public Health Act. The contract amount for providing public health nursing services in 2010 reflects. a 0% increase over the 2009 contract amount. Bloomington staff wages were also frozen due to budget issues so the typical increase we see to cover salary and benefit increases was not present. The contract amount for 2010 is $193,284 which is identical to the 2009 contract amount. 0112 2010 Bloomington Nursing Contract NAME, TITLE In 2004, changes were made to the Local Public Health Act at the State level to make reporting and accountability recordkeeping more efficient. Those changes also "regrouped" a large number of funding sources into one, which gives more personalization of the funds for the best specific use of dollars within the community, to be used in conjunction with grant guidelines. It is now referred to as the Local Public Health subsidy. III. BASIS OF RECOMMENDATION A. POLICY • The City of Bloomington has sufficient resources to provide a professional level of public health nursing services to Richfield residents. Annual evaluations of their services has shown that they are providing effective services in a very cost-efficient manner and that Richfield residents receiving their services are very satisfied. B. CRITICAL ISSUES • None C. FINANCIAL • None D. LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide to have Richfield provide its own public. health nursing services. The cost of hiring the nursing staff necessary to provide the same level of services and administrative support would be more than our current expenditures and would require a budget increase. V. ATTACHMENTS • 2010 Bloomington Public Health Contract • 2008 Bloomington Public Health Division Annual Report VL PRINCIPAL PARTIES EXPECTED AT MEETING • None 4 cJ '"' AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND RICHFIELD TO PROVIDE COMMUNITY HEALTH SERVICES THIS AGREEMENT, made and entered into this day of by and between the City of Bloomington, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota ("Bloomington"), and the City of Richfield, a Minnesota municipal corporation, in the County of Hennepin, State of Minnesota, ("Richfield"). WITNESSETH: WHEREAS, Bloomington warrants and represents that its Division of Public Health is a duly certified public health agency operating in accordance with all applicable federal and state requirements; and WHEREAS, Bloomington's Division of Public Health provides community health services, including, but not limited to public health nursing services (including home visiting), public health clinics, health education, health promotion services, disease prevention and control, health planning, and program administration; and WHEREAS, Richfield wishes to promote, support, and maintain the health of its residents by providing community health services such as health education, communicable disease programs, public health nursing services, health assessment, counseling, teaching, and evaluation in the community, home and clinic setting at a nominal fee to those making use of such services, and to contract with Bloomington for Bloomington, through its Division of Public Health, to provide such services to residents of Richfield; and WHEREAS, the governing bodies of Bloomington and Richfield are authorized by Minnesota Statutes, Section 145A.04, Subdivision 5, and by Minnesota Statutes, Section 471.59, Subdivision 10, to provide community health services and to enter into agreements with each other for the providing by Bloomington of community health services to residents of Richfield; and ~~~°~~- WHEREAS, through this contractual arrangement the provision of community health services will enable Richfield to document progress toward the achievement of statewide outcomes, as stated in Minnesota Statutes, Section 145A.10, Subdivision 5. NOW, THEREFORE, the parties hereto, and for consideration of the covenants hereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, agrees to provide residents of Richfield with community health services (hereinafter called "Health Services"), which includes activities designed to protect and promote the health of the general population within a community .health service area by emphasizing the prevention of disease, injury, disability, and preventable death through the promotion of effective coordination and use of community resources, and by extending health services into the community. 2. In addition, Bloomington will also provide Maternal Child Health services which include services provided to women of childbearing age, infants, children and adolescents and to provide services to women and children who qualify for TANF (Temporary Assistance to Needy Families) services. The payment for these additional services is made directly to Bloomington from the Minnesota Department of Health; these grant dollars are not part of this Agreement. 3. Bloomington agrees to provide community health services to the residents of Richfield utilizing the same quality and kind of personnel, equipment and facilities as health services are provided and rendered to residents of Bloomington. 4. Bloomington shall provide the health services pursuant hereto on a confidential basis, using capable, trained professionals. 5. All Health Services to be rendered hereunder by Bloomington shall be rendered pursuant to and subject to public health policies, rules, and procedures now or hereafter, from time to time, adopted by the Bloomington City Council, and in full compliance with all applicable state and federal laws, provided, however, that (i) no policy, rule, or procedure hereafter adopted by the Bloomington City Council shall in any way affect, modify, or change the obligations, duties, liabilities, or rights of the parties hereto as set out in this Agreement, or reduce or detract from the kind, quality, and quantity of Health Services to ~%,~"-3 be provided hereunder by Bloomington to residents of Richfield, and (ii) all such policies, rules and procedures shall be uniformly applied to all persons receiving Health Services from Bloomington, whether residents of Richfield, Bloomington, or any other municipality. Richfield agrees to adopt the same policies, rules, and procedures as are from time to time adopted by Bloomington, if determined by Richfield to be necessary or desirable to facilitate or regulate the provision of Health Services by Bloomington to residents of Richfield pursuant hereto. 6. Richfield agrees to pay Bloomington, for the provision of Health Services pursuant hereto, amounts and on terms as follows: a. The annual sum of $193,284 shall be paid in quarterly payments of $48,321 to Bloomington within fifteen (15) days of the receipt by Richfield of each of the reports to be given pursuant to Paragraph 6.B hereof, subject, however, to the provisions of Paragraph 6.C hereof. b. On April 15, July 15, and October 15, 2010 and on January 15, 2011, Bloomington shall send Richfield a statement, certified by the person in charge of Bloomington's Division of Public Health as being true and correct, and covering the period of three (3) calendar months preceding the month in which the report is given, and setting forth, in such detail as Richfield shall reasonably require, the numbers of persons served, the kinds of Health Services delivered, the locations where such services were delivered, and such other information as Richfield shall reasonably request. c. Should any dispute arise over this Agreement, Richfield shall pay for any undisputed charges for the three month period. 7. In the event Richfield desires to inspect the financial books and records of Bloomington related to the providing of Health Services hereunder by Bloomington, Bloomington shall make its financial books and records available at the Bloomington City Hall for inspection and copying by Richfield, or any agent, employee, or representative of Richfield, at reasonable business hours. 8. It shall be the sole responsibility of Bloomington to determine the qualifications, functions, training, and performance standards for all health service personnel who render ~ ~~- ~-I Health Services under this Agreement; provided, however, that Bloomington agrees that all such personnel shall be capable, trained professionals. 9. Bloomington's Division of Public Health will communicate with Richfield relative to Health Services to be performed hereunder by Bloomington, such communication to be in the form of reports, conferences, or consultations, as the respective Richfield departments shall request. All reports relating to the providing of Health Services that are given by Bloomington's Division of Public Health to the Bloomington City Council or to the City Manager during the term of this Agreement shall also, and at the same time, be given to Richfield. 10. Bloomington also agrees to send to Richfield an annual report describing the activities performed and Health Services rendered pursuant to this Agreement. Such report shall be in such detail and form as Richfield may reasonably request. The annual report shall be sent with and in addition to the last quarterly report acquired by Paragraph 6.B hereof. Also, at Richfield's request, made not more than two (2) times during the term of this Agreement, responsible administrative officers of Bloomington's Division of Public Health shall attend meetings of the Richfield City Council or appropriate board or commission to answer questions and give further information relative to the activities performed and Health Services rendered under this Agreement. 11. Bloomington hereby agrees to maintain in force its present policy of comprehensive general liability insurance in compliance with Minnesota Statutes, Section 466, and professional liability coverage in the amount of $1.5 million dollars ($1,500,000) per occurrence and $1.5 million dollars ($1,500,000) in aggregate for the term of this contract. Said policy shall be with an insurance company authorized to do business in Minnesota. If requested, the City of Bloomington will provide a certificate of insurance evidencing such coverage. 12. Bloomington shall further require personal medical malpractice insurance coverage by its physicians and other health professionals with whom Bloomington has a contract for professional services. /~~~ 13. This Agreement shall be for a period of from January 1, 2010, to December 31, 2010, provided that either party may terminate the same by one hundred twenty (120) days written notice to the other. Upon such termination, all obligations and liabilities of the parties hereunder shall cease and terminate, except the provisions of Paragraph 12 hereof shall continue and survive such termination. Also, in the event of termination pursuant hereto, the quarterly payment next due shall be prorated and paid for only the period ended on the date of termination, and Bloomington shall send to Richfield, within thirty (30) days after such termination, a report in the form of, and in lieu of, the annual report required by Paragraph 10 hereto, and Richfield shall pay such reduced quarterly payment for the period ended on the date of termination, within fifteen (15) days after receipt of both such reports. 14. Bloomington and Richfield understand and agree that each of them shall apply and qualify, independently and separately, for any. and all grants, matching funds, and payment of all kinds from state, federal, and other governmental bodies relating to, or for the provision of, any or all of the Health Services, and any and all such grants, matching funds, and payments shall belong to the recipient and be used and applied as the recipient thereof shall determine, without regard to this Agreement. 15. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to an officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: To Bloomington: 1800 West Old Shakopee Road Bloomington, Minnesota 55431 Attention: City Manager To Richfield: 6700 Portland Avenue South Richfield, Minnesota 55423 Attention: City Manager Such addresses may be changed bjr either party upon notice to the other party given as herein provided. 7 V ~ `+' 16. The parties agree to comply with the following laws and regulations: a. Richfield agrees to comply with the Americans With Disabilities Act and agrees to hold harmless and indemnify the City of Bloomington from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought by third parties alleging a violation of ADA by 6loomington. The City of Bloomington does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the Human Services Division, City of Bloomington, 1800 Old West Shakopee Road, Bloomington, Minnesota 55431; telephone (952) 563-8700; TTY: (952) 563-8740. b. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota Statutes, Section 363. 17. Non-Assignment. The parties agree that this Agreement shall not be assignable except at the written consent of both parties. 18. Scope of Agreement. This Agreement represents the entire Agreement between Richfield and Bloomington and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 19. Richfield will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes. ~~ ~ 20. Both parties shall defend, indemnify, and hold harmless the other party, its officials, employees, volunteers and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from either party's (including its officials, employees, volunteers or agents) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of property including the loss of use resulting therefrom and is caused by any negligent act or omission or willful misconduct of either party including its officials, agents, volunteers or employees. Liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466. 21. Bloomington and Richfield agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. IN WITNESS WHEREOF,. the parties hereto have caused this Agreement to be duly executed and their corporate seal to be affixed hereto the day and year first above written. CITY OF BLOOMINGTON: Dated: By: Its Mayor Dated: BY~ Its City Manager ~~ S Reviewed and approved by the City Attorney. City, Attorney Dated: Dated: CITY OF RICHFIELD: By: By: Its` Mayor Its City Manager i -, r ~ ~ ~ ~ O < O Z ~ r Z _ O Z ti n D i Z CG W CTI O _N O Ul ~ ~ ~ W ~ O ~ O 6 C n' d U7 ~ N i F+ cn ca O O W O Oo O p o a. N i~ ° _. ~ Q ~ o ~ 0 ~• n 0 00 ~ o ~ 3 ~ - ~' c pq N .+ O 7 Z CJ~ A W f+ 0 i N_ y fD N U f6 fl_ U (n N c d O U O i O O ~ ti ti a _ to o ~ O bA ~ ~ tC y L 7 U O C G fC f6 N ~ ~ ~ y ~ J C N O O. bA C O ~ c O y N f6 L1n :. o O a ~ c ° ~ ~ o a> ~ n O ~ ~ ~ = Q d m ~ . O 2 N Q N t ° L ~ ~ U c O c O U G O O U U U N c m x fC ~. U c°. Q ¢ O O O to = M N ri .-i .--i .--~ ~--i 1~ .-~ a--i N O M `~ r H O O N N W W J d W 0 Z ~_ m H N D H f0 N `o a.> O. n CV ~ v' m ~i Q. O n M ~~ ~ a~ i~ d ~ a~i Q LJ.1 ~ ~ ~ ~ W O LJJ Z N ~ 2 QJ V J $ 6 N ~ Q ~ ~cc ~ ~ ~ d O N ~ ~n •~ i.J a 47 2 y ° ~ (6 2 7 d ~ Z 'O y •~ d' ) ~ ° ~? ;~ ~ O. y c U J C fC L ~ ~ O ~ J ~ -. N O ~ ° C -o n a` U ~ y W Z N LL O ~ Q uJ 2 ~ m ~--i M ey a-i N a--i N In ri O a N U m c 0 Y U c c~ t0 ~ U GJ L ~ G. Z ~--~ M ~° U N ~ •O O ~ O. U O O c y c - O C ~ O 'O N .c O c O y d y j 'O i U ~ O O ~ o n n 3 O O 'O '~Y•3 ~ m ~ ~ ~ ~i U j, R d fC C O C +-+ L d ~ ~ O C }, ~ N O O CO j N O L L y p N G U 'p ~ U fn N O R bA G O ~ C ~ O U c6 ~ O ±' N N a'' CO y O fn a N N -_ O 2 ~. fC ~' E U a.+ p aO+ y" r~ m c6 ~ p N O i c ~ L U C _ O N ~ L a~ c ~ ~` 3 ~ N +L+ ~ Q ~ Y ~ O ~i n a'~+ 0 3 cco o ~ p ~ D O 41 U fi N c - ~ i O U~~ G O Y 3 ~ U O. U .~ +L' .L.. bA L ~ ~ .> r + ~ to U U N O N L -C ~ C C C N 7 ° iy ° m w y to 3 ,~ ~ O c ,ti c c ~' c c c C~ O U Y74 f6 p 7 R +-.' ~' 'N ° E vo ~ ~ c ~ T c ~ 3 L a ~ f6 y U O T ~ ~ U C ~ p Q 'O O. f6 ~ O C ~ to O Y ~ 7 ~ N OO +L.' ~ C O L U 7 ~ +~ N~~ 3~~ V p 0 D O 'O U C ~ O ~ ~- ~"' N > C6 O fl- ~ ~ O ~ U N C fy0 C O. ~ O~ O 2 'aD yz0 ~ >, - O ,? U C U ~ L U R fC ~ C~ U y 7 fC N O d ~ ~ ~ ~ y C bA O bA O ~ fl_ ~ ~+' N L b4 ~ ~ ~ ~ bA ,? L y ~ E N ti bA +O+ N~ ++O - L C ~ C6 b.A - O O ~ ~ O ~ C N U N L bA LL fn fC d' ~ ~> O. .C U N N di O Vi C7~ O O O O 0 En 0 0 0 0 0 0 in 0 0 0 0 0 to N O O O O O O A v _ c v ~ 0 n ~ ~ N m Z n N (~/i .~'. = O C w rn v n ~ c tt~~ CD N _v ~i ~ G fD m m 4 rn N 69 O EA O O O O 0 to 0 0 0 0 0 0 cn 0 0 0 0 0 v+ N O O O O O O W o `° c v o ~ 0 a~ N w o ~ 9' °° o 3 m an m N ~ x m = ~ ~ ~ 3a ~ m Z C = a Z ~ (D G ~ y .~ W 3 0~. ~ (D n = N N _ ~ m n• 3 ~ (D ~ 3 m n~ ~ ~ ~ ~ Yn' C °-' ~ A N ? m 3 ~ ~ v O=1 n ~ ~ ~ Q ~ ~ a N ~ \ n Ci fll w .1 vi /Irww" N CC 00 ~1 C7 CSl ~ W N F~ ~ "C y ~ 'O W ~ C7 (D O ~ ~, O Q I CAD C'D ~ ~ fD Q S f~D CAD O ~ `G N ~ O fD ~ ~ ~ ~ - 7 7 'G r+ ,~ !y O ~ CD C O O flI Q O !y ~ C `'~ a1 !y .-r ~ ~ O ,..F r~ N N ~ N ~ O '~ ~ CAD CAD ~ ~ N CAD r~+ O fD N S Q ~. ~ r~-r~ ~ ~ n N 'p ~ N C C O ~ G ~ >y N a, 7 ~?, CD >y ~ ,~ oo m a ~ ~ N ~ ~ O ~ ~ ~ ~ ~. ~ O S S Q S ~ v ~: _ O O ~ ~ ~ n CD 0- ~ fD ~ ~ N O ~ ~ p, ~ !? ~ S I ~ r r ~ ~. ~ ffl C 7 ~. O ~ O ~ (jl CJ7 ~~ O C N fD C7 r- CD <_ 7 f/> ~ 1 ~ ~ O V4 CD ~ r=r : Q O. ? ~'' 07 o \ A rr fD I I O =! O fl4 ~ !y _ ~"' S ~ ~ I ~ ~ ~ O ~ ~ C7 ~ O ~.. f rn \ V _i~ ~ CO dCt ~ ~ fD of ~ ~ ~ ~ rt ~ n .., ~ ~ c CSl ~ ~ p ~ o _Z n N Q. N i;. ~ o Cfl fA 1 O fn ~ C'D ~~ !y Y U ~ o !y O N ~ ' ^ 1 ~ ~ \ ~ O CD - ~ ~ fD CD rr n rr f `V c ~. ~ n a o o ~ O m O k to ~ Vi N fD T O O W ~ !y ~ f f N 4, O N O y ~ ~ a J O c 7 ~ 0 ~ O a~ ~ c E on vJD J ~ m ~ - ~ a~ ~ ~ o0 C 0 c y o bA N C ~ Y O p c~c C c ~ O ~ N Q L R ~ C c N Y N C ~ d N ~ Q c +L-~ N y N = ~' C O ~ U ~ U Y r (6 '~ N ~ L Y ~c m ~ Q o E ~ U N O c~ C 0 3 i+ d ~ H ~ ~ _~ (6 ~ U Jq W ~ ~ H 0 c c ~ ~ ~ Y MQ ca ~ W ~ ~ ~ m ~ a c a~ ca ~ Q ~ ~ y ~ ~_ N - ~ '~ Q .1 c ~ ~ ° = v ~ w UA ~ fII ~ !` ~ a w T ~ OO ~ a+'., bA O OD J ~N a> U ~' O ~.+' U Y LL R m N 00 a fl. u'S af6i = c ~ ~ ~ h O O ~ U ~ ~ N U x -Q U d ~ ~ o N t ~ U ~ d' O ~ N t N ~' C O O y ~ ~ ~ o N i a O ~ U • • ~ ~ ~ ~ W L ~1 ~' O '+-' ~ iOl,O ~ ~ E ~ ~_ ~ ~ ~ o ~ (6 X ~ U O ~'- ~ ~ o ~ _ ~ ~ ~ ~~ ~. N O O '~~ U +_- U ~ ~ ~ ~O }' ~ Q ~ ~_~ O ~ ~ ~ .- ~ ~ ~ 30..0 i. 1QA ~ ~ • - ~ o N 0 (~ U ~~ ~ ±-~ ~ Ca ~ ~ O (6 ~ ~ ~~ ~ _ ~ ~ ~ U ~ N ~~~ Q (B (n ~ ~ ° . w N c~ N _ ~ m m ~ o ~ ~ O CD O Q '. m o ~' 7 N D o a~i '-' N O. ~. on a> CAD O O 2 Q4 N C7 O O CAD A O O CD fD fD N ~ O CD Q ~ D O ~ v = ~ ~. N CAD ~ O O tD ~ c> ~ cr". ~ v ~ Q. ~. W ~ • ~ ~ a O ~ ~ ~ o o ~ ~ ~ ~• n N ~ n ~ m O O O T. O CD _ O O N_ CD C ~ • r ~, ~ (D = CD ~ ~ ~ ~ r ~ `'~ 2 ~ O n 'G O O- ~ ~ 2 d 3 O O y 2 O O O ~ .00•. fD rr O ~ ~, ~ C N ~ _ p ~ N N ~ ~ ~ ~ W ~ _ O ~ N ~ ~^ c , . ~ o - ~ ~ m ~ c ~ ~ ~ CD a. W O o _ ~ ~ o cCDi v a O s ~ m ~~ ~ a s .~: m~ y 0 0 `~ O. O C N ~ ~ ~ CD p r•f n ~ O fl1 rM 7 ~ A r ~ p ~ ~ ~ O N p rt O Q n N G! ~ C) d O O N y -p O CD ~ n 0 ~ ~ C7 C O. ? U4 'O O_ nc~ '~ ? ~O ~ c"~ ~ 3 ~ ~ O ~ CD ~ ~ O ~ ^ ~ cfl O O p p ~ ~ c .Z7 ~ O - '~ ~ ~ _ O fD O O ~ ~ ~ O N C7 6 O O Q CD p ~ G - ~ ~ ~ > > ~ n~ D ~ ~ a - O~ ~ N~ c CU l 1 1 ~ ~ y ~ O ~ fD C7 N iiV/ . + ~ m m d ~ N W v O O CD v 7 p~ ~~ ~ ~ s ~ a f7 v ~ ~ O ~ ^ o CD < ' O ~. N 3 c '~ O O O O TI ~ O C. ~ ~ ~ n CD c `~ ~ ~ `< (D CD N ~ ~ O- ~ ~ m ~ m r O ~ r-~r ~ _ n 3 CD Q CD ~ (D ~ n CD K N .A ~ OD 2~ 2e 3e ~ 2e A O rn N J N "" "' 'y ~ ~ ~ O4 O4 ~ d d d 4 d n ~ ~ m 3 m N W a N Q n c~ ~ ~ -• m ~ o_ ~ c ,=r D o ~ m m• cQe c~~ O ~ r~ O ~ O ~ N O O" fn fD ~ ~ T' ~ ~ ~ fl. ~ ~ U4 O = ~ T y f~D N Q ,N.r co ~ ~ m -a O cn o o' n ora a, a~ ~ ~ ~ ~ ~ ~ ~ v~ c a ao~ ~ a ~ ~ cc ~ cv ~ a - O O y m o m ~~•`~ o n a ~ m~ ~_ Q _r n~ o -ti r+ ora ~ ~ ° cD m ~ ° tra ? m ara ara ~ N Q ~ ~ ~ rt C ~. Q Q ~• 7 N O ww= W _' G y Q ww``• T N W d T (p /~~+V C ~ ~h ~ ~_ O Q Q. p ~` _• m~ ~ N N ~ W 0 ~v N N a+ C O E N N d N H a a~ E O S Y _N t S 0 o N O O N f0 0 0 N u'r O N ^ a O O N N d V .` O ~. C d c T f0 W 0 0 N ,^^^ n O O ,^^^ N ~„~ tG ,^^^ N O O r, O M O ^^^ N N a O O M N ___ O O O O O O O O O O O O O ~O 1q a M N ~ pan~as ua~pllya # ~e;ol Y d Q ~ ti R O C N d ~ ~ ~ ~ N ~ o /1 !"~ N ~ ~ rn ~_ ~~ a ~ ~ (~ ~ 0 ~ ~ M ~p .,. ~ ~ ~> W ~! U C c a ~ ~ ~~ .N -~ a e as m cYa a~ c0 C o a~ a~ m ~ v o a a ~ N N ~ '~ m m m t Y _ r N t0 Of .-1 i o ~ ,..~ N N N ~ N a~ ~- ~ ~ o~ ~ N O O O O O O t[1 ~ fh N .-1 _ a tp tOE W M ,U -Q ~ ~ fOQ ~ ~ m bA j, a ~ v UA ~ ;? C O to ~ O L C C~6 •~ ,G C i N O 'C ,`0,, J~~ O L1A O a f0 U~ ~ -o o T c <n c 3 . o~ ~' ~ •~ s o w E v ca o i O ~ ~ U ~ ~ ~ ~ ~_ ~ V V .~ O 41 ~ ~ t fQ O- m ~ O ~ N p +, ,F, bA L i ~ O t L!7 U V O a. V .~ H d ~. Q. ~. N N E ca 2 0 cC ~ 0 0 N O O N 0 0 N N u7 O O O O O O O O ~ N O 00 t0 sF N .-~ .-~ .ti s;ua~la # lelol N rn o~ n O o o= a -+ ~ ~ N ~ fD ~ ~ n CD ~ ~_ fD • (D '6 N C • ~ ~ ~ ~ O = ~ a = ~ `~ y QQ CD ~ ~ ~ ~ 0 D r •r ._+ cfl r. fA (D fA ~ ? ~ `~ N ~ ~ ~ ~ O ? ~+ W N S O C'7 C C C ~ O a~ CD O O -O a c N CD ~ O• cfl ~ O m N - ~ cav ~ °- ~ ~. ~- v P O O N S a o fD CD S N 0 0 ,-+ o a ~ ~ ~ a~i n a cNe ~ ~ o a to ' N ~ ~_ O ~ ~ a -* S .-r S CAD Cfl 7 O• ~ CD ~ (D O ~. `< O O CD ~ ~ O a' ffl a1 O " co ~ O Q- a i ce _~ ce A a 0 fD C D O O' 7 0- O ~ ~ C O • fD fD a O ,~.~; CD O ~ ~ ~ S ~ ~ ~ N ~ ~ v~ a cn n O c O O O ~ a ~ D r f0 O O O O N O O A N 0 0 V r N O O O v Z ~~' CD O ~ a ~ H ~_A W A fn O O O ~' N cT A o . ~ r N w cn cn w ~ ~ W ~ ~ ~ N A O 1+ f0 01 N ? ~ ? OR 04 ~ d d m n n N N n N W ,7 r W a~ o a 0~ a~ n 00 D ~` O ~ G) C O 1~1 ~ O ~ O ~ :~ N y .~ "6 7 C ry-r N n C N O X• p ~ (D ~• ~ a ~• a 7 - ~ ~ ~ ? Q' ~ C ^' fD C3l 'O"' CD • ~ ~ O N ~ N ~ '+ U4 CD Q" O O CD O ~ ~ ~ ~ ~ ~ ~ 7 0 0 0 0 ~• O CD ~ a ~ ~ y aq •~- ~; r+ ~ _ N (D N n 0 0 0 0 O' O- n ~ ~ N ~ N • W O Vf _~ p _~ c O _~ d H ° - N v ~ r. ~ ~_ n C7 ~ ~• z ~ y ~- ~ ~+ ~~ C cD m O O ~ Q CC C ~O ~ N ,~.,, ~ ~ 0 y • _ O 0 N O O N O 0 0 N N •.+ a c N C L U t[1 O 0 N O O O O O O O O O O O O Uf O M N N ~ .~ uani4 suoileziunwwi # ~elol a O O N p O O O O O O O O O O O O O O O O O O O l0 lC~ tF M N ~ uani~ slogs ezuan~~ui # ~elol ~ 0 o ~ c U '- tB ~ v ~ V ++ o to ~ ~ ~ i _p O N ~ at ' T 3 i N O- O N O L1A C.1 O O- C O w O V i O~ O t 'i ~ O y O O I L V -O ~ C N N ~ i "' c '~ - ~ c - O) ~ a ~ ~ ~ • ~ O C ' 0 . +.~ ~ _ ~ ~ ~ 0 O ~ O ~ O ~ s ca ~ ~ ~ N O _ '~ O O = d aO'' C +~+ -= >+ ~ ++ C.1 U_ O bA f6 bA ~ O ~ O UA .~ C O ~ ~ ~ ~ R O O UA H y ~,, i1 'i ~ . O ~ ~ ~ ~ o ~, O- . "C ~ Ln L1A N ~C) ~ ~ N ' O ~ C O ~ A O b f0 ~ V ~ ~ r + ti = Q ~ O O C G) ~ V ~ O i O N ~ H V .~ ~0+ O ~ m D ~ ~ e-~ 0 0 N A O O N t6 N e ~, t0 C E+ O d is O 7 ~; N C O O - o N a O O N N N ,, N W Total # cancerscreenings N A O 00 O N O O O O O O O O O O O O O N O O A W C9 d y M N ~ O ~ O G Cil O O N ~~® d 01 A fD N N O n O ~ V fD t9 7 7 O O N .,~ ~ Z ~~ ~ ~~ C'~ A~ \/ y A~_ a m o ~ ° ' m ~ c r C/> C") ~~ ~ - ~' ~ - cD ~ ~ ~ r. ~. c ~ ~ a~ O ~ ~ rn n ~ ~ n. oo ~ cv 3 ~ ~ ~. ~ ~ ~ 'C .+ 00 O (9 ~ ~, o ? chi 'G o ~ ~ ~ ~ n ce ~ N ~ ~ (D ~ ' ~ ~- fl1 '='~ ~ ~p ~ N 61 ert Q ~ ~ ~ ~ Q ~ " n ~ m -a n ~ n ~ `~ v°, a1 + ~ a ~~ u ~ ~ ° ~ Q c e m " " m d v .n C y a~ U V w 0 n> 7 z a^i a ti c p ~ O 'p N ~ ~ o L ~ N W h m C ~ ~ ~ ~ "m O ~ _ o +~-~ C °~' ~ ~~ C °' 0 ~ W ~ ~ ~ o~ ~~ a c o co "~ N °o m s N z - °o ~ N N - - ~ - _ - n m 0 0 N m 0 0 N 0 0 N v 0 0 N c 0 cv a O Q. V 3 aE aE ae ~ N N M c'q M VN' M M t ~ a r ~o w c 0 . ~ 1 m ~ `~ ~o o~, s so °°r 0~ ~O so or 02,E O lspO Or 2;~ E+ ~O p~ t c';l O c'pO mac' ro lp ~~t O2 s~, ~p Sl ~r8 s se s r sr, t~, 86 ~'r sly ~ ~s s t sl n c°o i°n °a c°n n , s~, .°~ ° sl s~6gi-gi a9e uawonn OOOi gad a;e a U3~!9 W O ~ C N O .~ ~ O O ~ y ~ ~ ~ ~ ~ O ~ ±' ~ +O-' c N W aj ;v G.) C y bOA y _ O a' O~~ ~ U ~ ~ C v `«- ~ ~ ~ t tOA U ~ t a~ C ~ ~ ~ ~ ~ ~ ! C N ~- d ~ ~ •~ ~ ~ ~ i ~ ~ f4 C ~ G~ ~ ~ T L_ ~_ ~ 4~ bA CC O N ~ d N L .- ~ CO F- -p > ' " ~ _ .~ T +~.~ , p O O C R~ U O ~ i ~ .rr O~ •~ C~ C t ,' G.1 ~ CO O t6 c ~ 1= ~ i ~ Q fa ,~ V V N to ~ • i N O S __ tC ~~~~ O O ~ V N N ~ y a--I f4 ~ ~ N N .G r -~ d .~ fl. Q cC c N N m O O O O O O O O O O O O O O O O O O O t0 tL) V' M N ~ s;walla # le~ol N N N O Birth Rate per 1000 women age 35-44 yrs r f+ N N W W A A tJl O Cif O to O GI O G1 I m O O 3 0 as 0 m n m n i s m n ~ ~ ~ ° a, ~ cn c ~ ~ ~ ~ ~ N• n C ~ N ~..t O~ n N 1-i Q~ ~ 2 n cn C c- p 3 cD CC ~p S CD CD -t ~, _~; O _. Q ~ ~ ~ O- C1 '+ fD ;+' ~G fD y ~ ~ ~ s fi r* ~ n W ~ ? (D (D r+ W O `~ N ~ ~ ~ (A O ~ ~ ~ ~ O N• ~ W O O fD Q O N ~, ~o m O ~ ~ N (A fD ~ O N O O ~ Q- ~ ~ ~ N N ~G O ~ y N n~~ W O rte, , ~' ~..t W W N CAD O _W 'O ~ ~ S ,~ ~p 7 ~ Q O ~ O ~' W ~ ~ ~ °: S ~ <n' ~q ~ ~ <n W CJt " ~ Vi'a' vCD,ara c ~~-~ m~ c~ ~ N ~ O ~ CD e-r ~' S O N ~ O CU 0 N U ... N W C F-- U Q d' a tN N W Z O W d' d W a Z O V D aW W U Z c 0 un c .~ 0 0 m C ~ T d +~+ ~ ~ 3 C y N ~ ~ ~ ~ U by O O N '~ ~+ .~ vi 3 Q 3 ~ E~'~~ p ~ L 7 fC ~ o a~ ~ c ~ r x O ~ O L ,U O ~ Y ~ ~ ~ ~ d N ~, ~ ~ O w C ~ r.+ O O 'a U by .~+ O ~ G) ~ '~ ~ c y,0-~ v oU ~ ~ ~ 3 >' ~ Q ~ T ~ C t j A ~ ~ O ~ _ ~ ~ C ~ Q O ~ t ~ ~ ~ w N O ~ L H y "C O ~ tC O 3 ~ ~ N ++ _ ~ ~C ~ ~ •~ O Cp O ~ t ~ O O Q~ A V U c Q- o a> ~ ~ O N ~ N U U c . Vy1 ~ Q C1 ~ O O .i ~" O O bA ~ O ~ s N ~ t . O ~ O ~ U ~ O v O N .. a ~ u~ ~ ~ ~ ce ca ~ ~ ~ ~ ~ ~ ~, a a3i ~ ~ o ~ ~ ~ ~, ca . ~ +; ~ ~ ~ H N O C O' ++ R ++ C O C V ~ +~N+ O L i ~ ~ ~..' Q N .O C O Q ~ "C R V 3 e'~ ai ~~~~ N~~~ ~~Q~ o ~~ o ~ = ~ ~~~~ ~ ~ ~ <n ,~ o H a ~' cn < r+ ,rt qa ~ n o ~ ~ ~ p G N ~ ~ o O 7 cta ,-~ ? ~ y fD - ~ ~ C (S ~, D .-~' f ~ ~~ ~ Q N (D Q CD N ~' N ~ CU G ~ n "a fl' N ~ ~ _O ~ ~ Q. ~ ~ ~ fD Q J ~ rr ~~ ~~ ~~ ~~ ~~ ~~ ~. ~~: ~~ ~Q -~~ ~ Q" Q a ~ ~ ~ c °- cvn n' n o c N 'a ~ 07 ~ c O. to ~ n ~ O N n C=D ~- ~ 3 ~ y _ ~ ~ ~' ~ ~ N ~ y ~ N ~ ~ Q O ~ V7 ,~; n c Oro N ~ o ~ n - ~. ~ ~ L7 ~ 3 ~, ~ _ ~ m = c ~ ~ ,-. ~. c m (~ ~ ~ ~ N rF ~ ~ ~ o ~ ~ a m -o ~ ~ ~ a~i ~ v ° n ~ ~ °' ~ ~ 3 ~ a a vi m W a> ~,• m a o a -a o ~ ~ 0 n ~ 3 n "'• ~ ~ n a' ~ o o n n~ ~ ~ ~ ~ ~ ° ~ 3 a ~ ~ ' 3 7 °7 ~ `~ G1 ~ O n ~ Q 3 7 y K CD _r y~~v ~~~~ ~.~ a m V H O h ~ y ~ O fl. ~ U 7 ~.` 'C C p U a ?'~ U a~ ~ "O i f6 p C y C6 L ~ c ~ U O CO ~ 3 o y ~ w° ~~ _ y o ~ •^w c '6 C C = C O p N i- O U L C U CO Z ~ U ~ ~ U W ~ ~ O .O (f• -O Z O O ~ C J ~ O -Q N CC ~ N V G *-' O C W U C c~ H C 'E U ~ Q ~ y W o ~ N ~ ~~ N s ~ ~ ~ a~i N ~ g ~ Z•N o o c t /~ ~ ~ v o LL .: • ~ a Z - N O'~ ' N a E T y tin z ~ ~ _ tn ¢ ~- ~ ~ = _ 0 c~ D p W c w 0 0 0 i_+ N O c ~ ~ O ~ ~ cc 2 +' c Q o' ~ ~ O J ~ p • 3 LL ;~ 2 U O N v ~ a ~ n ~+- n 3 C m~ ~ y ~ ~ p ~ ~ c~ ~ C 2 o m _ ,... o ~ o D ° ~ ~° C ~ Z ~ ~ ~ o' ~ , 0 N . , (n ~ ~ C CD 1 = ~ fD ~ O CD Z ~. ~ N ~ ~ CD 7 N < 7 D ~ Q- ' 3 'O c N m c ~ fn C n ~ ~ ~ m ~ N n o cD -o ~ m y m ~ ~n fl; O C fn d fn ~ O_ W 'O 2 ~ O' CD r0+. N CD ~ O CD C ~ ~ C K (/~ N ~ ~ ~ ~ K n y d y ~ W ~ 00. ~ y ~ ~ ~ O Q O y' Q fn ~ ~ O ~' ~ 7 p j ~ C ~ ~ . N t d Q 'O . CD 3 O ~ O y d N CD C -d' ~ ~ O ~ ~ 7 O ~ ~~ M Cra y n n ~ ~ ~ y ~ ~, ,. O ~ ~ ~ ~ y ~ ~ ~ O CD ~ N O ~ ~ O h ~~ a ~ Q Vii V~j 1 -+- r ~- +~ :' ~ yy, 4~ ~~ '~' ; s %~._ ¢ Y ~f6 .. _ c n~_ ~ Q L7 • ~ ~ ~. c n T ~ r , , o 2 .~ ~ ~ = 7 ~ Z N ~ 3 VO. -'~. j.. ~ s ~ ~ t/1 ~ a ~ ~ ~- ~ ~ o n ~ -o ~ 2 _ _ ~ ~ 3 ~ 7 m ~. o~ 0 c ~ ~ 3 co n~ '* n m . ~ ~ ~ ~ C Z N N ~' ~ o _ ~ u N ~ ~ m ~ ~ D ~ n ~ ~ cn ~ -a ~ _ o - ~ N z m ~ _ O ~ c n " ~ ~,_o o Q- w ~ ~ N a i o' ~ -o ti ~~ 7 , . ' ~ 3 ~ d y CD O O N d O N OR C j ~ ~ ..-' y ~ ~ ~ O O O c~ fn O O O' O O ~ _ ~ O CD Q ~ C Q ~ O < _. ~ O n a' ,~ N ~ O 7 ti. fD N O ~ ~ ~ ~ ~ ~ AGENDA SECTION: CONSENT AGENDA ITEM # ~+R REPORT # 12 ~' STAFF REPORT CITY COUNCIL MEETING JANUARY 12, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: RICHARD REGNIER, CHIEF BUILDING OFFICIAL ITEM FOR COUNCIL CONSIDERATION: Consideration of the continuation of the plumbing and mechanical inspections and code enforcement contract with the City of Bloomington for provision of inspection services for Richfield for the ear 2010. RECOMMENDED ACTION: By Motion: Approve the attached contractual agreement with the City of Bloomington to provide various types of plumbing and mechanical inspections and code enforcement for the City of Richfield for the 2010, with no changes in costs. II. BACKGROUND The City of Bloomington has provided inspection and enforcement services in the areas of plumbing, heating and air conditioning for many years. The proposed contract for 2010 for plumbing, heating and air conditioning inspection services will be $105,900. This figure reflects a 0% increase in charge to the City of Richfield. The contract presented to the Council on 01/12/2010 is for one year only. The terms of the contract provide for the contract to be terminated upon the expiration of 30 days after the service of written notice upon the other party, if there should be a .need to terminate it.before it expires December 31, 2010. 0112 Bloomington Plumbing & Mechanical Inspections Contract for 2010 III. BASIS OF RECOMMENDATION A. POLICY • The City of Bloomington has provided inspection and enforcement services in the areas of plumbing, heating and air conditioning for many years. B. CRITICAL ISSUES • 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. FINANCIAL • The cost~of this contract will be recovered by permit fee revenue. D. LEGAL • N/A E. ENVIRONMENTAL CONSIDERATIONS • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide to have Richfield provide its own plumbing, heating and air conditioning services. The cost of hiring the staff necessary to provide the same level of services and administrative support would be more than current expenditures and would require a budget increase. • The Council could decide to compensate the City of Bloomington at a lower rate that would require designated reductions in services or programs. V. ATTACHMENTS • 2010 City of Bloomington Inspections contract. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~' AGREEMENT This Agreement is made this day of , 2009, 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 building 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, THEREFORE, 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, 2010 through December 31, 2010, subject to termination as provided in paragraph 7. 2. For the term of this agreement, Bloomington shall provide Richfield with the following services, in and on behalf of Richfield: a. Plumbing inspections and code enforcement as necessary. b. Plumbing plan review for permits. with a job cost less than $50,000. c. Heating, ventilation, and air conditioning inspections, and code enforcement for new and existing residential structures and commercial/industrial applications. d. Heating, ventilation and air conditioning plan review for permits with a job cost less than $50,000. 3. Bloomington shall have control over the manner in which the inspections, plan review and code enforcement activities are conducted and over the determination of what enforcement action is appropriate and consistent with Richfield City Code Section 400 and other policies as established by the City of Richfield. 4. Bloomington shall assume the expense of performing the inspections and code enforcement. ~ K-~. 5. In 2010, Richfield shall pay Bloomington the sum of ONE HUNDRED FIVE THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($105,900) for services provided pursuant to paragraph two of this agreement. One-half of this amount shall be due on June 30, 2010, and the remainder shall be due on November 30, 2010. 6. In addition to the services and compensation in Paragraph 2 and 5 above, Bloomington shall provide Richfield with plumbing plan review and heating, ventilation and air conditioning plan review for permits with a job cost of $50,000 or more. Richfield will pay Bloomington a plan review fee of 10% of the total permit fee on plumbing, heating, ventilation and air conditioning permits with a job cost of $50,000 or greater. The plan review fee will be paid to Bloomington within 30 days after the permit is issued by Richfield. Such plumbing, heating, ventilation and air conditioning plan review fees 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 plumbing plan review and inspection services being provided. In January 2011, Richfield will provide Bloomington a report listing plumbing and heating, ventilation and air conditioning permits issued, the job cost of each permit, and plan review fees paid to Bloomington. 7. This agreement shall terminate 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, 2010. 8. In the event of a termination prior to December 31, 2010, 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. 9. Bloomington agrees to defend, indemnify and hold 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 defenses, immunities or limitators on liability with respect to claims made by third parties. 10. Richfield agrees to defend, indemnify and hold harmless Bloomington, and its officials, agents and employees from and against all claims, actions, damages, losses and expenses arising out of or resulting from Richfield'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 Richfield. This provision shall not be construed as a waiver by either party of any defenses; immunities or limitators on liability with respect to claims made by third parties. 11. Bloomington shall carry liability insurance in the amount of at least $300,000 per individual and $1,000,000 per occurrence. Bloomington shall carry property damage liability insurance in the amount of $100,000. Richfield shall be named as an additional insured, and a certificate of said insurance shall be provided to Richfield. Bloomington shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd. 2 and further agrees to provide a certificate of said insurance to the Richfield. 12. 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. 13. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon request, also provide for and on behalf of Richfield: a. Electrical inspection and code enforcement services; b. Building inspection and code enforcement services. 14. Such services shall be paid for by Richfield on an hourly basis at the rate of $60.00 per hour, 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 ~{ K- ~ Agreement shall remain applicable with respect to the electrical and heating, ventilation and air conditioning inspection services. being provided. 15. In addition to the services listed in Paragraph 2 above, Bloomington shall, upon request, also provide building plan checking services for and on behalf of Richfield. Such services shall be paid for by Richfield on an hourly basis at a rate of $65.00 per hour, 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 building plan checking services being provided. 16. 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 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 officers, agents contracts or employees shall in noway 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 benefits 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. ~ K-~~ 17. 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, Subd. 5. 18. 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. 19. Bloomington and Richfield agree to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact Human Services Division, City of Bloomington, 1800 West Old Shakopee Road, Bloomington, Minnesota 55431; telephone: 952/563-8700; l"DD: 563-8740. Richfield agrees to hold harmless and indemnify Bloomington 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 by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Bloomington. 20. 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 Mediation Center; 1536 Hewitt Avenue, St. Paul, Minnesota, 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may `t' ~'" exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. 21. 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 hands on the day and year first written above. Upon proper execution, this Agreement shall be a legal and binding obligation upon the City of Bloomington City Attorney CITY OF BLOOMINGTON By: Its Mayor By: Its City Manager CITY OF RICHFIELD By: Its Mayor By: Its City Manager P AGENDA SECTION: CONSL~N'P AGENDA ITEM # 4L REPORT-# 13 ~' STAFF REPORT CITY COUNCIL MEETING JA1vuARY 12, 2010 REPORT PREPARED BY: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: BETSY OSBORN, SUPPORT SERVICES DIVISION MANAGER NAME. TITLE ITEM FOR COUNCIL CONSIDERATION: Approval of the continuation of the agreement with the City of Bloomington for the provision of food ins ection services for Richfield for the ear 2010. I. RECOMMENDED ACTION: By Motion: Approve the continuation of the agreement with the City of Bloomington for the provision of food inspection services for Richfield for the year 2010. II. BACKGROUND The City of Bloomington has provided inspection and enforcement services in the areas of food, beverage, lodging and public swimming pools and plan check for food services for many years to the City of Richfield. The proposed- contract for 2010 for these services will be $90,300 which remains the same as in the 2009 contract., Bloomington did reflect a 3% increase for salaries/benefits for 2010 but Richfield's budget called fora 0% increase. In order to stay at a 0% contract, Richfield staff worked with Bloomington staff to decrease activity in a couple areas of the contract to be able to maintain the same contract amount. Decreases in service were made in the areas of discontinuing church inspections and reducing public pool inspection frequency from three to two per year. Church kitchens are generally used forth"eir membership and guests and are typically well maintained, clean and present few, if any, problems. 0112 Renewal of Contract with. Bloomington for 2010 Food Inspection Services The terms of the contract still provide for the contract to be terminated upon the expiration of 30 days after service of written notice upon the other party, if there should be a need to terminate it before it expires December 31, 2010. III. BASIS OF RECOMMENDATION A. POLICY • 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 very cost-effective manner. B. CRITICAL ISSUES • None C. FINANCIAL • None D. -LEGAL • None E. ENVIRONMENTAL CONSIDERATIONS • None IV. ALTERNATIVE RECOMMENDATION(S~ • The Council could decide to have Richfield provide its own food services inspections, beverage, and lodging and public swimming pool inspections and plan check food services. The cost of hiring the staff necessary to provide the same level of services and administrative support would be more than our current expenditures, and would require a budget increase. V. ATTACHMENTS • 2010 City of Bloomington Food, Beverage, Lodging and Public Swimming Pool Inspection Contract. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None ~{L-1 AGREEMENT This Agreement is made this day of , 2009, 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, THEREFORE, 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, 2010 through December 31, 2010, subject to termination as provided in paragraph 7. 2. For the term of this agreement, Bloomington shall provide Richfield with the following services, in and on behalf of Richfield: a. Food establishment inspections and code enforcement as necessary. A minimum of two inspections will be done of all "high risk" food service establishments and schools per year. At least one inspection will be done of all "high risk" retail food establishments. "Low risk" food establishments will be inspected once per 24 months and "medium risk" food establishments once per year. b. Plan check and preopening construction inspections for new and remodeled food and lodging establishments. c. Public swimming pools inspected at least once per year with a goal of two inspections per year. This includes an opening inspection of all outdoor public pools at the beginning of the summer swimming season. d. Lodging establishments inspected at least once per year. e. Investigation and resolution of complaints associated with food and lodging establishments and public swimming pools. u ~-~ 3. Bloomington shall have control over the manner in which the inspections, plan review and code enforcement activities are conducted and over the determination of what enforcement action is appropriate and consistent with Richfield City Code Section 615 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 2010, Richfield shall pay Bloomington the sum of NINETY THOUSAND, SIXTY AND NO/100 DOLLARS ($90,060.00) for services provided pursuant to this agreement. One-half of this amount shall be due on June 30, 2010, and the remainder shall be due on November 30, 2010. 6. This agreement shall terminate 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, 2010. 7. In the event of a termination prior to December 31, 2010, 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 hold 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 defenses, immunities or limitators 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 claims, actions, damages, losses and expenses arising out of or resulting from Richfield's performance of the duties required ~~-.3 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 Richfield. This provision shall not be construed as a waiver by either party of any defenses, immunities or limitators on liability with respect to claims made by third parties. 10. Bloomington shall carry liability insurance in the amount of at least $300,000 per individual and $1,000,000 per occurrence. Bloomington shall carry property damage liability insurance in the amount of $100,000. Richfield shall be named as an additional insured, and a certificate of said insurance shall be provided to Richfield. Bloomington shall carry Worker's Compensation Insurance as required by Minnesota Statutes, Section 176.181, Subd. 2 and further agrees to provide a certificate of said insurance to the Richfield. 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: a. Lead inspections and lab services; b. Housing and grossly unsanitary dwellings inspections and code enforcement services; and c. Mold inspection and code enforcement services. Such services shall be paid for by Richfield on an hourly basis at the rate of $60.00 per hour, 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, housing, mold and unsanitary dwelling inspection 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, y~- ~l representative or employee of Richfield for any purpose or in any manner whatsoever. Bloomington is #o 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 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 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 benefits 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. 14. 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, 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. Bloomington and Richfield agree to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all uL-~ services, programs, and activities. Bloomington has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact Human Services Division, City of Bloomington, 1800 West Old Shakopee Road, Bloomington, Minnesota 55431; telephone: 952/563-8700; TDD: 563-8740. Richfield agrees to hold harmless and indemnify Bloomington 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 by Richfield. Bloomington agrees to hold harmless and indemnify Richfield from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Bloomington. 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 Mediation Center, 1536 Hewitt Avenue, St. Paul, Minnesota, 55104. The parties hereto shall decide whether mediation shall be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-binding. In the event mediation is unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. 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 hands on the day and year first written above. Upon proper execution, this CITY OF BLOOMINGTON Agreement shall be a legal By: and binding obligation upon Its Mayor the City of Bloomington By: Its City Manager City Attorney `-C ~% CITY OF RICHFIELD By: Its Mayor By: Its City Manager AGENDA SECTION: QTHER BIISINESS AGENDA ITEM # 6 STAFF REPORT REPORT # 1~+ CITY COUNCIL MEETING JANUARY 12, 2010 REPORT PREPARED BY: JEFF PEARSON, TRANSPORTATION ENGINEER NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ~.~ -ITEM FOR COUNCIL CONSIDERATION: Consideration of a work proposal presented by Howard R. Green Company for the development and design of two pedestrian/bicycle routes identified in the non-motorized grant pro osal awarded in 2008. RECOMMENDED ACTION: By Motion: Approve the hiring of Howard R. Green Company to complete the design and facilitate public involvement for two pedestrian/bicycle routes at a cost not to exceed $32,372.44. II. BACKGROUND In 2008, the City was awarded two federal grants from the Non-Motorized Transportation Pilot Program to design and build pedestrian/bike routes in Richfield. Each grant will fund a separate route: • Crosstown Trail to 75th Street Connection -this route completes the trail that is south of TH 62 between~Penn Avenue and Humboldt Avenue and includes an on-street north-south connection to the 75th Street regional trail. The route for the on-street portion will be determined through a public involvement process. This on-street route was previously identified as Oliver- . Avenue. • Bloomington Avenue Connection -The route for this path will be determined through a public involvement process. The route may be a bicycle route 011210HRGreen located on or east of Bloomington Avenue, or a rebuild of the existing trail through Taft Park to meet regional trail standards. The City was awarded a total of $218,400 with the two grants. The federal funds will expire if they are not spent by the end of 2010. The City received six proposals from consulting firms interested in completing the design for these routes. Howard R. Green Company was selected based on their staff qualifications, work program, experience with similar projects, and cost. III. BASIS OF RECOMMENDATION A. POLICY • The City's Comprehensive Plan encourages alternate forms of transportation such as biking and walking. B. CRITICAL ISSUES • The grants contain a 2010 year-end deadline for construction of the paths. Funds not expended by the deadline are required to be returned. C. FINANCIAL • The total estimated cost for the design of both projects is $32,372.44. • In 2008, the City was awarded a federal grant to design and construct these routes. The federal funds will cover 100% of the $32,372.44 of design work needed to produce construction plans for both projects. D. LEGAL • The City followed federal rules governing the hiring of a consultant using a Request for Proposals process. E. ENVIRONMENTAL CONSIDERATIONS • None. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose -not to design and construct one or both of the paths and return the federal grants. V. ATTACHMENTS • : Map #1 and #2 - Ped/Bike Path Areas VI. PRINCII'AL PARTIES EXPECTED AT MEETING • .None anticipated. lD "'' Map #1 Hwy. 62 & 35W Ped/Bike Pathway N/S Connection Area Q z 0 w LL O ~- U 0 550 1,100 2,200 3,300 4,400 Feei W Legend ^ ^ ^ ~ ~ TRAIL ALONG 62-35W J ^~^~^~^~~ REGIONAL TRAIL riTV nF nniNNFAPnI ~~ ~' Map #2 Bloomington Avenue Connection Area Taft Park Trail Improvement CITY OF MINNEAPOLIS '~~ W' i-. ,, Legend J 0 4,0 940 ,88o z.ezo 3,,6oFeel ^s^~^~^o® PROPOSED REGIONAL TRAIL AGENDA SECTION: AGENDA ITEM # REPORT # STAFF REPORT. CITY COUNCIL MEETING JawuAxY 12, 2010 , 'OTHER BUSINESS 15 REPORT PREPARED BY: REVIEWED BY CITY MANAGER: CHERYL KRUMHOLZ, EXEC. COORDINATOR Consideration of designating representatives to serve as 2010 liaisons to various metropolitan agencies and City commissions. COMMENDED CTION: By Motion: Designate Council liaison appointments for 2010 to various metropolitan agencies and City commissions. Members of the City Council serve as the City's representatives on various metropolitan agencies and City commissions. Each year, the Council appoints these representatives. StafF will notify the agencies and commissions of the appointments. III. BASIS OF RECOMMENDATION • Each year, the City Council appoints representatives to serve as liaisons on various metropolitan agencies and City commissions. • The City needs representation on metropolitan agencies and commissions. IV: ALTERNATIVE RECOMMENDATION(S) ~ • Defer the designation to a future Council meeting. ~ V . ATTACHMENTS ~ • Liaison appointment list. VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~ • None. 01121iaisons ~~ - AGENCY METRO CITIES LEAGUE OF MINNESOTA CITIES NOISE OVERSIGHT COMMITTEE NOISE TRANSPORTATION COMMISSION I-35W SOLUTIONS ALLIANCE 494 CORRIDOR COMMISSION PLANNING COMMISSION COMM. SERVICES COMMISSION ADVISORY BOARD OF HEALTH HUMAN RIGHTS COMMISSION FRIENDSHIP CITY COMMISSION ARTS COMMISSION PROPERTY EXCELLENCE TASK FORCE CITY HALL TASK FORCE RICHFIELD COMMUNITY HUMAN SERVICES PLANNING COUNCIL FOWL BOARD SOUTHWEST CABLE COMMISSION RICHFIELD HISTORICAL SOCIETY RICHFIELD SCHOOL DISTRICT 2009 LIAISON DEBBIE GOETTEL, REP. PAT ELLIOTT; FRED WROGE; TOM FITZHENRY; SUE SANDAHL, ALTS. DEBBIE GOETTEL, REP. SUE SANDAHL, ALT. TOM FITZHENRY, REP. PAM DMYTRENKO, ALT. TOM FITZHENRY, REP. DEBBIE GOETTEL, ALT. SUE SANDAHL, LIA. TOM FITZHENRY, ALT. SUE SANDAHL, LIA. PAT ELLIOTT, ALT. MIKE EASLTING, STAFF LIA. SUE SANDHAL, LIA. PAT ELLIOTT, ALT. KRISTIN ASHER, STAFF LIA. PAT ELLIOTT, LIA. DEBBIE GOETTEL, ALT. FRED WROGE, LIA. PAT ELLIOTT, ALT. DEBBIE GOETTEL, LIA. TOM FITZHENRY, ALT. PAT ELLIOTT, LIA. DEBBIE GOETTEL, ALT. PAT ELLIOTT, LIA. SUE SANDAHL, ALT. DEBBIE GOETTEL, LIA. SUE SANDAHL, ALT. TOM FITZHENRY, LIA. FRED, WROGE, ALT. ALL COUNCIL MEMBERS DEBBIE GOETTEL, REP. DEBBIE GOETTEL, REP. FRED WROGE, ALT. FRED WROGE, REP.. STEVE DEVICH, REP. SUE SANDAHL, ALT. DEBBIE GOETTEL PAT ELLIOTT, REP. FRED WROGE, ALT. 2010 LIAISON 12/28/09 AGENDA SECTION AGENDA ITEM # REPORT # STAFF REPORT CITY COUNCIL MEETING JANUARY 12, 2010 OTHER BUSINESS 8 16 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR TITLE REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Discussion regarding Council attendance at 2010 National League of Cities Conferences and N.O.I.S.E. Conference. RECOMMENDED ACTION: By Motion: Designate Council Member(s) to attend the March 2010 National League of Cities (NLC) Congressional Conference; July 2010 N.O.I.S.E. Conference; and the November 2010 NLC Congress of Cities Conference. II. BACKGROUND According to State Statute 471.66, the governing body of cities and school districts must adopt a policy that controls out-of--state travel for elected officials. That policy was adopted by the City Council in November 2005 and stipulates that the City Council must approve, in advance by a motion, attendance atout-of--state conferences. The general guidelines for evaluating out-of--state travel opportunities are listed in the policy. Information regarding the 2010 N.O.I.S.E. conference typically held in July and the November 2010 NLC Congress of Cities conference will be provided to the City Council when the agendas become available. III. BASIS OF RECOMMENDATION - 0112conferences A. POLICY • The Council has determined that attendance at the NLC and N.O.I.S.E. Conferences is beneficial to the City's operations and long- range planning efforts. B. CRITICAL ISSUES • While the City continues to face revenue reductions from the State, it is even more critical that the Council remains in the informational loop regarding congressional activities as it relates to airport/aviation activities, federal funds and homeland security issues. C. FINANCIAL Funds for a total of two Council Members to attend the NLC Conference(s) are budgeted in the City's 2010 budget. •_ .The N.O.I.S.E. Conference is budgeted in the HRA 2010 budget. • The estimated total cost of each conference, including registration, flight, lodging and per diem, is $2500 per Council Member. • The City Council may wish to take into consideration the financial constraints facing the City for 2010. D. LEGAL • According to State Statute 471.66, the governing body of cities and school districts must adopt a policy that controls out-of--state travel for elected officials. IV. ALTERNATIVE RECOMMENDATION(S~ • Address this issue prior to each conference. • Decline to send Council delegates to any or only designated conferences. V. ATTACHMENT (S~ • List of conferences. • Information related to March 2010 NLC conference VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None. -! COUNCIL MEMBER ATTENDANCE AT NATIONAL CONFERENCES 2007 - 2010 CONFERENCE DATE LOCATION ATTENDEES 2007 NLC March 10-14 Washington, DC Goettel - Congressional Devich Cit NOISE July 18-20 - Atlanta, GA None NLC November 13-17 New Orleans, LA Sandahl Congress of Cities 2008 NLC March 8-12 ~ Washington, DC Goettel Congressional Cit NOISE Jul 16-.18 Dulles, VA None NLC Congress November 11-15 Orlando, FL None of Cities 2009 NLC March 14-18 Washington, DC None Congressional City NOISE TBD t icall Jul TBD ~ None NLC Congress November 10-14 San Antonio, TX Sandahl of Cities 2010 NLC March 13-17 ~ Washington, DC Congressional Cit NOISE TBD t picall Jul TBD NLC Congress Nov. 30-Dec. 4 Denver, CO of Cities 12/28/09 National League of Cities Page 1 of 2 ~~~ Strengthening $~ promoting cities as centers of opportunity, leadership, and governance About Cities ~ Advocating For Cities ~ Resources For Cities ~ Inside NLC (Conferences & Training ~ Newsroom Topics Home: Conferences Events: Congressional City Conference: Agenda In this Section Event Home Registration and Housing Venue Agenda LTI Seminars Speaking at CCC Contact 20n9 Highlights 2010 Congressional City Conference Agenda: Coming Soon! Preliminary Schedule & Speeial Events Listing The Conference will provide a range of education, networking, and strategy sessions to maximize the value of the event for city officials. This preliminary schedule provides an outline of major events during the conference to help delegates make travel plans. Saturday, March 13 Participants who arrive on March 13 can select from a variety of Leadership Training Institute Seminars. These seminars are available for an additional fee. Participants must be registered for the main conference in order to register for an LTI Seminar. • 9:OOam - 5:OOpm Leadership Training Institute (LTI) Seminars • 1:30pm - S:OOpm CityFutures Panel Meeting • 5:30pm - 6:45pm Orientation to the National League of Cities for first time attendees • 5:30pm - 7:OOpm Constituency and Special Group Meetings Sunday, March 14 City officials gather at the Marriott Wardman Park Hotel for leadership meetings, policy discussions and legislative briefings. Observation or participation in these meetings is included in the main conference fee. • 9:OOam - S:OOpm o Governance Meetings o Leadership Training Institute Seminars o Policy and Advocacy Committee Meetings • 5:15pm - 7:OOpm Constituency and Special Group Meetings Monday, March 15 -Main Conference Begins NLC's leaders and general session speakers set the stage for the action to come by outlining the opportunities and challenges and by building capacity to make a difference with Congress on key federal issues. • 7:30am - 9:OOam • 9:OOam - 10:30am • 10:45am - 12:15pm • 12:15pm - 1:30pm • 1:45pm - 3:15pm • 3:30pm - 4:30pm Celebrate Diversity Breakfast -Fee $35* Opening General Session Workshop Sessions Roundtable Networking and Lunch Workshop Sessions General Session http://www.nlc.org/CONFERENCES EVENTS/congressional city conference/agend... 12/28/2009 National League of Cities Page 2 of 2 ~~~ • S:OOpm - 6:30pm o State League Caucuses and Receptions o Constituency and Special Group Meeting/Events *The Z4th annual Celebrate Diversity Breakfast will feature a keynote speaker who will provide a perspective on diversity issues facing America's cities and towns. The breakfast is sponsored by NLC's five constituency groups. Tuesday, March 16 The President and his Cabinet members and Congressional leaders are invited to discuss their priorities and the ways in which Washington can partner with cities and towns to meet the challenges facing the country. The program will wrap up with the opportunity to view NLC's federal legislative agenda and to confirm plans for Capitol Hill visits on Wednesday. • 7:OOam - 8:30am Steering Committee Work Sessions • 8:45am - 10:15am • 10:30am - 12:OOpm • 12:15pm - 1:30pm • 1:45pm - 3:15pm • 3:30pm - 4:45pm • 5:OOpm - 6:30pm General Session Workshop Sessions Roundtable Networking and Lunch Workshop Sessions Closing General Session Reception and The Capitol Steps* *The Capitol Steps are an entertainment troupe of former Congressional employees that will provide bi-partisan fun for everyone. Wednesday, March 17 -City Lobby Day City officials travel to Capitol Hill for meetings with their congressional delegation to advocate for NLC's priorities for federal action and to discuss how America's cities and towns can partner with federal government to help the national achieve its goals. • 7:OOam - 3:OOpm Capitol Hill Visits Register Now! View Registration Rates! National League of Cities 1301 Pennsylvania Avenue NW Suite 550 • Washington, DC 20004 Phone:(202) 626-3000 • Fax:(202) 626-3043 info@nlc.org • www.nlc.org Privacy Policy http://www.nlc.orglCONFERENCES EVENTS/congressional_city_conference/agend... 12/28/2009 g~~ NLC Congressional Cities Conference Registration and Housing Form The Marriott Wardman Park Hotel, Washington, D.C March 13`~-17`x, 2010 No housing or registration will be processed wfthout acwmpam/ing payment in full. Are you a newly elected official? Size of City? Mailing Registrants Email Spouse/Guest Name' ($SO Vouch Delegate" (15-18, $100 fee) Age ""Local officials ore encouraged to register youth as active participants in this conference to contribute to NLCs youth agenda. If the youth delegate requires hotel accommodations separate from yours, attach Ihei[ registration form with your completed form. Youth Chaperone Name ($100 fee) (Local Elected Chy Officials are not eligiblefor this rate.) 2010 Registration Rates Please select only one Registration Type (except Spouse Guest) Forms received after the listed deadlines will automatically be corrected to wrrespondir~ fee schedule. Congressional Cities Conference Advanced'10 Regular'10 On-Site '10 On-SRe @ 2009 For VeriOotion Congress of Enter your 2009 cmescomerena Congress of R istration T (FULL) Valid 11/28- 2/15/10 Valid 2/16/- 3/11/ 10 Valid 3/13- 17/10 Valid 11/13- 27/2009 Gties 6 digit Reg to Number Below: Member ^$445 ^$540 ^$545 ^$380 Associate Member ^$445 ^$540 ^$595 ^$380 SML Member ^$565 ^$625 ^$670 ^$605 Non-Member ^$670 ^$715 ^$765 ^$620 First Time Attendee ^$375 ^$375 ^$375 ^$375 Student ^$175 ^$175 ^$175 ^$175 Youth ^$100 ^$S00 ^$100 ^$300 Chaperone ^$100 ^$100 ^$100 ^$100 Spouse Guest ^$50 ^$50 ^$50 ^$50 Constituency Group Special Event Fees ConstRuengr Group Selection Activity Fee APAMO ^$40 GLBLO ^$40 HELD ^$45 NBC-LEO ^$96 WIMG ^$45" Celebrate ^$35 Diversity Awards Breakfast • WIMG cast is for WIMG Luncheon Leadership Training Institute Seminars When registering for LTI's please provide the event code listed on the web-site in the space provided below. You may not select a Full Day LTI and aHalf-Day session occurring on the same day. Date Price Event Code Full Day, Day 1 $180 Morning Day 1 $120 Afternoon Day 1 $120 Full Day, Day 2 $180 Morning Day 2 $120 Afternoon Day 2 $120 Leadership Luncheon $40 Registration Cancellaton Poliry: Total Your Registration Fees Here $ All cancellation requests must be received in writing, postmarked by February 15, 1010, and are subject to a $75 cancellation fee. No partial refunds will be made if you decide not to attend particular functions. No registrations or cancellations wRl be accepted by telephone. No cancellations will be accepted after February 15, 2010. Spouse Guestfees are non-refundable. Return Conference Forms to: Fax:,(703) 631-6288 Mail: NLC Meeting Services, C/O J. Spargo and Associates 11208 Waples Mill Rd, Ste 112, Fairfax VA QUESTIONSABOUT REGISTRATION,HOUSING, INVOICE57 E-Mail: nlcre¢andhousinaCalisaargo.com Phone: 888-319-3864 or 703-449-6418 For Office Use Only: Payment Check[J Amount Hotel Reservations: You must be registered for the Conference to reserve a hotel room. To guarantee your room, .all hotels require one nights deposh plus 14.5% tax (subject to change.) 30 days prior to your arrival. This is required even R you plan to arrive before 6:OOPM. If accommodations are not guaranteed 30 days in advanced the reservation will be cancelled. Please select one of the following: ^ Please make my hotel reservations as indicated below ^ I do not require hotel accommodations at any of the hotels listed below ^ Ahhough I am providing information for a standard room now, please contact me regarding suite information. Room Dates: Arrival:-/~ to Departure:_J_J Room Type: ^ Single, 1 person/1 bed ^ Double, 2 people/1 bed ^ Double/Double 2 people/2 beds ^ Triple 3 people/2 beds ^ Quad 4 people/2 beds ^ Smoking ^Nan-Smoking Room types cannot be guaranteed but hotels will try to accommodate requests. ~ _ Sharing my Room With (For Hotel Rate and Check in Purposes): 1. 2. 3. Special Housing Request (e.g., wheelchair accessible rooms, etc.): If you have special housing or transportation needs, please wntact NLC Meeting Services Hotel Choice: Indicate your first-choice hotel whh the number "1." Number the other hotels from "2" to "3" in order of preference. The Marriott Wardman Park Hotel is the headquarters hotel. Order Hotel Smoking SGL DBL TRIP QUAD Property Marriott No $235 $255 $275 $295 Wardman Park Omni Yes $229 $229 $229 $229 Shoreham Days lnn No $139 $149 $159 $169 Hotel Deposk Irdormation: All Major credh cards with expiation of 3/10 or later are accepted at the conference hotels. All checks must be submitted to the hotels after January 20, 2010 but before February 19, 2010 and are subject to approval. Please include your 6 digR REG ID a indicated on the NLC Meeting services confirmation. Registration Fee Payment Information ^ Charge my REGISTRATION FEES to the VISA, MasterCard, orAMEX listed below ^ Check for REGISTRATION FEES made payable to National League of Cities is enclosed ^ Purchase Order for REGISTRATION FEES-Copy must be enclosed and payment must be received by March 1", 2010 Hotel DeposR Information ^ Charge my HOTEL DEPOSIT to the credit card listed below ^ Check for HOTEL DEPOSIT-Please submit to hotel address noted on wnfirmation after January 20, 2010 but before February 19, 2010. Credit Card Authorization: NLC Registation and Housing Services is authorized to use the card below to pay all applicable registration fees and guarantee my hotel reservation. I understand that one nights room charge will be forfehed if 1 fail to show up for my assigned housing on the confirmed arrival date unless I have canceled my reservation with the hotel at least 72 hours in advance. I understand that if I do not show at the hotel on my wnfirmed arrival date, my reservation will not be reinsfaled for the remainder of the stay unless I instinct the hotel to reinstate my reservation. Reinstated reservations are subject to the hotel's availability. Further, I agree to the stated Registation Cancellation policy and I understand that upon cancelling my registation I will~accrue a 75.00 non-refundable processing fee. Additionally I understand that no portion of the spouse-guest registation fee is refundable. Visa/Mastercard/AMIX Number Exp Card Holder Name Card Holder Signature Addkional Credit Card Authorization: For Hotel Deposit Only. Use if different from from credit card listed above: Vita/Mastercard/AMIX Number Exp Card Holder Name Card Holder Signature For ~ceUse Only: HTL SUBBLKCATE_RATE_ AGENDA SECTION: pig BIISINESS AGENDA ITEM # 9 REPORT # j 7 STAFF REPORT CITY COUNCIL MEETING JANUARY 12, 2010 REPORT PREPARED BY: DEPARTMENT DIIZECTOR REVIEW: REVIEWED BY CITY MANAGER: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER ITEM FOR COUNCIL CONSIDERATION: Consideration of the award of contracts for the new Richfield Municipal Center. I. RECOMMENDED ACTION: By Motion: 1) Accept the bids as recommended by Stahl Construction Company on the attached report in the amount of $7,855,415. 2) Reject and re-bid contracts #02 asphalt paving; #03 site concrete; #35 visual display boards & cases; #46 HVAC & controls; and #47 electrical as recommended by Stahl Construction Company. 3) Accept the deduct-alternate bid #5, storm sewer system. 4) Accept add-alternate bid #1, terrazzo flooring upgrades. 5) Reject all other add-alternate bids (#2 vertical sun fins; #3 landscape upgrades; #4 humidification) II. BACKGROUND Bid Acceptance On December 22, 2010, bids were opened for 47 packages for the new Richfield Municipal Center. Interviews of the lowest qualified bidders have been completed by Dale Sonnichsen, Project Manager of Stahl Construction Company for 13 of those packages. As the City's construction manager, Stahl Construction, Co., is recommending acceptance of these packages, as indicated on the attached list. 0112bid awards NAn~ TITLE Bid Rejection and Reduction in Work Scope After the initial review of all bids, and the withdrawal from consideration by two of the lowest bidders, the total bids have come in approximately $867,000 over the project bid budget.. In orderto reduce work scope, Stahl Construction and Wo1d Architects are recommending that the following bid packages be rejected and the contracts re-bid after the work scope is reduced. Bid #2 Asphalt Paving Bid #3 Site Concrete Bid #35 Visual Display Boards & Display Cases Bid # 46 HVAC & Controls Bid #47 Electrical Deduct Alternate Bid Stahl Construction also recommends that the Council accept the deduct-alternate bid #5 which eliminates the onsite, underground storm water retention system. The low bid for this system was $284,000. A less costly plan to control storm water run- off and meet the requirements of the Minnehaha Creek Watershed District is being developed by Wold Architects in conjunction with City staff. Add-Altemate Bids Finally, Stahl Construction is recommending that only add-alternate bid #1, terrazzo flooring upgrades, be accepted. Staff has identified funds for the $17,370 cost difference of installing terrazzo versus ceramic the in the public lobby and corridors from a funding source separate from the project. Monies from the Government Buildings Fund balance would be used to finance the flooring upgrade. Terrazzo floors represent a better value because they are more durable, easier to maintain, and will survive the life of the building. It is important to emphasize that Wo1d Architects and Stahl Construction do not recommend the acceptance of any of the other add-alternate bids which include vertical sun fins, landscape upgrades to the plaza and an extensive humidification system. There is no money in the project budget to finance any of these add alternates at this time nor are they required for the successful construction or operation of the new facility. Next Steps The contracts that are awarded at the January 12, 2010 meeting will allow the project to begin construction the end of January/beginning of February 2010. Additional contract awards will come before the City Council at its January 26, 2010 meeting, as Stahl Construction completes more contractor interviews. Rejected bids will be re-bid as soon as the bid packages are adjusted to reflect reduced work scope. Staff will continue to work closely with Wold Architects and Stahl Construction to scrutinize the project plans for other cost savings. III. BASIS OF RECOD~IlVIENDATION A. POLICY Per City Ordinance, the ad for bids was published in the Sun Current on November 19, 2009 and November 26, 2009 and bid openings were held on December 22, 2010. • All of the recommended contractors are the lowest responsible bidders and are established contractors that meet all of the City's requirements. • Under the City's Purchasing and Spending Authority policy, contracts estimated to have a value over $100,000 require that sealed bids be solicited through public notice. B. CRITICAL ISSiTES • The Council must accept or reject bids in a timely manner since the bids expire 60 days from December 22, 2010. • Approval of the recommended contracts is critical to allow contractors time to schedule work to meet our construction start time of the end of January/beginning of February 2010. C. FINANCIAL • The`estimated cost of the construction bidding budget, presented to the City Council on November 2, 2009, was $17,645,000. The total cost of all the low bids submitted on December 22, 2010 put the project approximately $867,000 over budget, thus necessitating rejection and re-bid of certain project components and the utilization of other revenue sources. • The 13 contracts being recommended for award on January 12, 2010 are valued at $7,855,415 and are well within the anticipated cost for each scope of work. • Because the total bids came in approximately $867,000 over the projected budget, it is critical to reject some bids to realize better value and to provide the City with the opportunity to reduce the scope of work of these bid packages. A significant portion of the overage should be resolved through reducing the project scope, re-engineering and re-biding portions of the project. • Only one add-alternate bid is being recommended by staff for acceptance. Bid #1 upgrades ceramic the in the lobby and first floor corridor to terrazzo. The cost difference of installing terrazzo is $17,370 and can be financed separately from the project through the Government Buildings Fund. • The deduct-alternate storm water retention system bid (#5), is recommended for acceptance because the cost to install this system (approximately $284,000) is too high for the project budget to support. A less expensive system can be implemented. • No other add-alternate bids are recommended for acceptance because the budget cannot support any of these items. • The City will have a better sense of where the project costs stand after the authorized reissue of bid packages has been completed and the received bids have been analyzed. D. LEGAL • All contracts that exceed $25,000 require Council approval. • Contracts estimated in value between $25,000 to $100,000 can be made either by sealed bids or by direct negotiation based on quotes. • All contracts over $100,000 require that sealed bids be solicited by public notice. E. ENVIRONMENTAL CONSIDERATIONS • Environmental considerations have been made in all aspects of project planning. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may chose to reject any of the bids and direct staff to obtain new bids. However, except for the bids that Stahl Construction is recommending to reject and re-bid, other re-bids will likely delay the project and/or create greater expense by incurring new design costs. • The Council may award any of the add-alternates bids. However, a different funding source, separate from the project funds, would need to be used to finance these items. Using $17,370 from the Government Buildings Fund for terrazzo flooring is a very appropriate alternative source of funds for this aspect of the project. V. ATTACHIbiENTS • Letter from Dale Sonnichsen, Project Manager, Stahl Construction Co. • Bid tabulation from Stahl Construction Co. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mike Cox & Mike Klass, Wold Architects & Engineers • Dale Sonnichsen, Stahl Construction Co. ~~~ ~TAH~ STAHL CONSTRUCTION COMPANY the PEOPLE the PROJECTS. the PROMISE January 7, 2010 Mr. Steve Devich City Manager City of Richfield 6700 Portland Avenue Richfield, MN 55423 RE Bid Award Recommendations New City Hall ~ Fire ~ Police Project pear Mr. Devich: After receiving bids on December 22, 2009, and after interviewing the apparent low bid co-mactors below, we recommend acceptance and award for the following contracts at the next City Council meeting: Contract O1 -Earthwork Imperial Developers 1771 Yankee Doodle Road Eagan, MN 55121 Contract 04 -Site Utilities Saint Paul Utilities and Excavating, Inc. 190 Ryan Lane Little Canada, MN 55117 Contract 08 -Building Concrete Gresser Companies, Inc. 2905 lexington Avenue South Eagan, MN 55121 Contract 09 -Structural Pre-Cast Concrete County Materials Corporation 1203 70~ Ave. Roberts, WI 54023 Contract 10 -Masonry Hollenbeck & Nelson, Inc. 1206 114+ Lane Coon Rapids, MN 55448 Contract 11 -Furnish Metals Anderson Iron Works, Inc. 12940 Wilfred Lane Rogers, MN 55374 Base Bid Less Alternate #5 Deduct Contract Amount $ 696,409 $ 478,400 $ {284.000 $ 194,400 $1,290,000 $ 656,146 $1,679,300 $ 586,500 www.stah iconst ruction.com 5755 Wayzata Blvd. St. Louis Park, MN 55416 952-931-9300 fax 952-931-9941 An affirmative action, equal opportunity employer Contract 12 -install Metals A.M.E Construction Corp. $ 2$2,400 P.O. Box. 388 Wayzata, MN 55391 Contract 15 -Waterproofing Kremer & Davis, Inc. $ b8,750 132 Osborne Road Fridley, MN 55432 Contract 20 -Weather Barriers Kremer 8~ Davis, Inc. - $ 96,725 132 Osborne Road Fridley, MN 55432 Contract 22 -Furnish Doors, Frames, & Hardware Kendell Doors & Hardware,-Ina $ 236,980 2425 Enterprise Drive, Suite 100 , Mendota heights, MN 55120 Contrail 25 -Translucent Skylights W.L. Hall Ca $ 49,417 530 - 15~ Ave. Hopkins, MN 55343 Contract 26 -Aluminum Entrances and Curtainwalls W.L. Hall Co. $1,100,000 530 -15+~ Ave. Hopkins, MN 55343 Contract 45 -Plumbing Egan Company $ 918,388 7625 Boone Avenue No. Brooklyn Park, MN 55428 The total of the above contracts is: y $7,$55,415 Included in the recommendations above are acceptance of Deduct Alternate #5 Alternate Storm Sewer System. I also recommend acceptance of Alternate #1 Terrazzo Flooring Upgrades in the net amount of $17,370, which will be reflected in upcoming Contract award recommendations. In addition, I also recommend rejecting all bids, and rebidding the follow contracts: 02 Asphalt Paving; 03 Site Concrete; 35 Visual Display Boards and Display Cases; 46 HVAC and Controls; and 47 Electrical. Upon receipt of your authorization, i will prepare contracts and get insurance certificates from the above contractors. I wilt also continue to interview the remaining apparent tow contractors and will make additional recommendations at upcoming Council meetings. Sincerely, Stahl Canstruction Company ..~ Dale Sonnichsen Project Manager v a Z W W U W O 9 x a U 3 3 N W = >N U u R V w a° m y O L > ~ ¢ ~ ~ `o ~ ~ ~1 U Q N Q Q J F- Z W C Q a a 0 m w a m O Z W O O Q Z Z_ m } Z O a U y W Y Q 2 H w U Q K Z O V p Y d p ~O N O O O 0 ~ 0 O O R ~ ' M 0 0 0 0 O tOD c 0 ' O O O O W O 1~ N a O~ O O ('~ ~ pNj C N N N N M fA Vl EA t9 E9 M t9 f9 Hi b9 pOp C07 O ~ O O a~ co O O 'Q n 01 t0 N t~ V C In N N r ODD t0 fD lOO (y f9 (N fA tR ifl bR O O 00 V di (7 2 Q a F Q S a Q N N v ~ m gy m" U F ~j m ~ N H U Q m W W m C W K C N j LL ~ c a`~ ~ U f' O> 3U Y Z a p ~.~, J U m~ r Z U Z W o w "' o W W m =M S fA ZU fA Z 41 f- 07U U ~ m a ~n m ~ U 0 C A E U a 8 0 z 0 o 0 0 _ Xk o P W ~ N ~ m a 3 a a a ro° tO ° ° ° o o o v i r~ ~ u~ o o ~n w o o o M o v ay ao ~ M eo iri Sri co v Q Hi b9 di fA fA b9 t9 M N Q O O O O O W ~O O O ~ N N Q ~ ~ ~ n 0 J H Z W Q a a Q 0 m W Q m N Z W 0 0 Q Z Z m } 2 O = a w ~ ~ F- ~ U w W ~ ~ ~ U 3 Z Q y U _ Z O W ~ J_ w Y m ~ G OD w a m 9 ~ °~ U > u ~~ C `a F- 2 ~ Z /J U U W W W o O r 0 O O o N N m M M o 0 0 r 0 l0 o 0 O 0 0 O 0 0 O ~ 0 O? W W N W t0 O N M r tD r V W N N M W W O W r W M V N M V V to V O N tD N EA E9 EA M [9 f9 fA fA N e9 r d9 fA ~ N N h t~l N N N N N ~ Y } } Y } Y ~ } } } ~- 0 U 2 N C O O U C fA C U ` N N Z U t0 ~ C d ~ C U tU > O Y ` O N i c a a> C N ~ C O m C U U ~ O U m ~ ~ L ~' _ a ~ ~ ~ U ~ U N o U ~ ~ ~ O Z ~ Y O ln L 1- 0 S 3 U X Q 0 ~ C7 ~ o Of O 0 ~n 0 o 0 o 0 v 0 o 0 0 0 0 0 0 0 0 r O M W O M 0 (D O W W W r M W W 61 C M T r (D N l0 r W Q1 W W R O ~ W N W (D fA 69 N (A O t9 N fA ~- M N f9 ~ f9 69 In V1 In N Ill In In In lA O N Y Kf Q O ^ U . C O ` ~ N y ~ v ~ N N ~ C N C ` ~ d y Z ~ C ~ o U ~ N ~ ?~ m ea ~ o o Y E S U H Y ~ ~ U a U J L ~ d C a C W C O O Q: L U l D C ~ Q S tn ~7 2 H Z (7 00 W o 000 0 0 o inoo r o 0 000 0 0 0 0 0 o m o o rn m N W N ~ r M uin v rr eo rvcn EA try fA fA f9 fA fA (A (A fA fA fR O O N fA O O W V Z Q w U Z Q U (~ Z 0 m Z m O U 0 m N M W F Q U a Z Q d' 2 a Q U M z U U 8 a z N Q a 3 0 J F Z W Q a a a m N Q m N O W O O Q Z Z_ m} Z O U ~ O ~ ti c = Vl a o a ~ m a ID ~ O ~ v ~ ? ~ a ~ N W O ~ m c o c (7 Z f7 Z ~ m ~voi Z LL o U -O LL w as ¢ ~ ~ o ~ O ~ y ~' U 0 O 2 y p `~ O ~ W O O F- O U f0 ~ ~ d F- U O o U ~ a7 U W m ~ c 7 O~ w z '~ = U o U ~ C o W ~' Q ® E m LL Q Q ~ Ul ~ E t L o ~ U ~ ~m K ¢ m c7 U a m ¢ 3 Y K f- a ~n v ~ f- m m ~ u ~ a° ~ r r ~ °r C ~ 9 = ~ r o i a r U ~ ~ ~ o j Z' F z v~ U Q U o ~ EO 00 ~ ~ ao vEOi o °o o °o o o o ° 0 rn 0 °o vi M ei iri N rA ~ O En ao O rA Sri tp vi o l0 rA ri N E» of V E» m N E» co V en lA N N N N 1n 1n N N N c ~ c o ~ c o c °o U ~ m o ~ O ~ O O C _ ~ C f ~ o U aS ~ ~n ~ ~ ~ L m O p-' p J 0 0 d' ~ ~ ~ m N H ~ N2 0 ~ = c N y Q ~ - «~ N [ N V f0 ~ N y L C d ~ tU t m od a m o m ~ U a O ~ m n V R o o O ti ur 1~ c0 lD 0 o O 0 u~ M 0 co Q~ 0 o N o o O m r v o N o o M 0 ~n M 0 o O o M ~ C r~ a ~ V oi M v N ~ tD v 1~ EO M O c0 r V' En M N V l0 E9 C di ~n EA co Eli ~n N3 t0 (A tD M v to c0 v) a fA ~n fA c0 f9 r E9 In to N u7 ~ In u7 In u1 In 1n lA N ~ » » » » » » c ° c o O ~ 3 ~ c O m °~ C C N O m C ~O C `o O ~ C ~ O ~ c ~~ o U y ab c t~ ~ m N O U ~ O L O N ~' > > ~ N > L f- ~ oi N a O ~ N m (0 o Q N O jp ~ N U t0 a p -, Ed m J Q H W W 2 N Z Q Z O O F m 01 N U U N a` 0 Z 0 0 a m U 0 H W ~ >~ U ~ 2 - a° T V > ;, ~~ h U a N Q Q O J r z w a a 0 m w m 0 z w 0 0 a O Z _Z m } z O a_ a' U W O # N U K H Z 0 U W W' Q O d' a x m S N Z W N M ~T N N O O U t dL > ~ ~ ~ ~ ~z = c m (g ~ r J v ° Y V1 o fn od U Z ~ a W ~ ^ ~ ~ ~ J C L Z __ ~ a U O F C N O N N at{ M No°O~~°n°oo°o°0 0 moNeooo~nn o O O In N aD N a0 N N 'Q ~ (7 N N In (7 V ~A E9 f9 E9 1A fA !fl (A d9 M d v c R C W E E a l0 m U p N ~_ F Q V N C N a E U N W N N z E U U U1 a` O O O O O c7 01 O a0 (D 1~ O th O N OI m rn o w f»di f»<» w 0 z a 0 w U W K a U a `o Vl 0 0 ~y W N U m ~ - Q a° a L ~ u ¢g y ~ U Q N Q Q O J H Z W d' Q a a a 0 m w y a m 0 z w 0 0 a 0 z z_ m } z O a U N O N U Q K Z O U O tf1 O N O O 00 O O N u~v>o ~n m °~moma fA df fA fA fA NO V N ~ ~ O ` m ~ :~ ~ N m m t- U ~ O C M a E U r W N O O pp O l17 O N M ~ ~ r z W J W W a a V M N M O M M M w v a a a U a ~e u, a a C m Y Q a U a N M M M z 0 U tS U N a` E a z 0 Q Q N Q >Q Q J r z W a a a m W N a m 0 2 O Q D Z Z_ mr m a O Y ~ O Z O dl H F W a Y F z ~ ~ z, o ` ~ N u O d{ J = ~ W ~ a ~ `~ a O E a, U ' ' ~ m n W O ~ N E O Q N ~ ~ Q ~ W w ~ m C ? _ ~ c o o o m O F- 9 N Y V o 2 c ~ c W Z C Q Z ¢ 'c N ~ Q J U_ Q ` p 3 N Q• d W °~ W W F- _ J c ~ w U, c to O F v o K ~ H ~ V Z m o c p H ~ m o O ~ w° d ~ Z ~ c W c ~ Z O~ o f/7 ~ V U > c c W U ~ ~ ~ J ~ i w IL S (A (n ~ D (~ IL Q d d W (~ t a9 E M °a v v a ~ ~ o b m > u U U ~ Q~ ~ ~ ~ `o 2' H Z ~ ~ U Q th U a8 m M n O O l0 1~ O O O N O O 1~ m O O O m O ~O N N rn m o v m m o r~ v u~ m ~ m c%~ ~ m m ti ~ ~ fA t9 EA NM NM Vi M EA fA MM In 1n In l~I In LfI In N In N > r r r r r r r r r U J 0 U p m o c v ~ o u a ~ 0 ~ ,~ ~ ~ Y a ~ c , c a ~ ~ ~ ~ ~ N ~ W O 5 0 ~ ~ i ii c LL ~ a l0 W E U C L o C " ~ l9 ~ C C N ~ L y Z N ~] ~ (~ F- (~ Q (n m (n LL z_ Q7 a a i ~ o o O m O O M M N O V M M m M (A fA b9 (A lp O O O O O O O miooo oom v ~- N M V (D M N N fA fA to f9 b9 fA fA fA C 3 m 10 v` yL_ S 0 O 0 O 0 O o O m m o O 0 O 0 M 0 O 0 O V O O O M O O ~D O O v m ~ m v N o m m ~ o N M O Oi m cp O~ v~ O O) m ~ Q1 O O O I~ O f9 fA fA to i19 u~ v~ in in u~ ~n v~ u~ in in r r r r r r r r r r U J c a ~ C ' ~ ~ m a n E _ aui _ ~ 3 a °~ m C N O ~ y p C A l0 U ' C ~ B C L l0 U _N U a m C ~C O d m o u es ~ d y L v ~ y C7 Y ~ ~ W cq ~ W Q > z U U w 8 o. a` E 0 2 O U 0 N V ~ h ~ Y] Q 3 r~ a w x U O W ~ > ~ W N W U ll - in a° o d > u tt ~ 'o ~F w v V Q M a N Q Q 3 O J H Z W Q a a ~_ m W N Q m O Z W O Q O 2 Z_ m} 2 O a_ U ~ J W ~ ~ r z 0 U U U Q K F Z O U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O_ O N O O O O M O O N N O Y'1 N m V W V f~ O r O O ~O O M~ M M In M 7 N f M f~ r M K fA f9 EA t9 f9 69 f9 (9 fA fA M fA (A V! O °o v N M 0 0 o 0 ° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 o o OD ~ o O) ~ c ,~ (O ~ o r~ O N o cm O M o v O M o o M o o O M v M In h o O V' N o <r `7 N o o V 1~ v ~ I~ V o v N ~ ~My ~ CI of M e» M e» Cl c» t7 c» M r» (M sir P1 rn th rn c•l c n C1 of In u1 u] Ln N N In to In to 1(] In N N r » r r » r r r r » > ~ U C f6 U N - `~ C ~ ~ U ~ ~ c - O ~ ~ ~ c ~ y _ ~ ~ L ~ c ~ ~ ~ ~ ~ ~ '~ v U m c U ~ c N a i ~ ~ ~ L t0 N U C `' V ~ L U a E O o [/1 L ~ U _ N N ~ N ~ Q c ~ ~ ~ 2 ~ d L l0 C ~ C l0 ~ E ~ ~ `~-' N ~ ~. l0 U` U (A W C7 N Q U (0 Y ~ ~ Z ~ L F- . D Q U U7 W J 0 R' z O U U 1 x _2 m a d C E U a of W v 0 0 o ° ° ° ° ° ° ° 0 N C o c o o n o n o c ~ 01 N Ln Ln O (O (n I~ M ~n V to N V O V cD V V r ~ r b9 (A f9 Vt (A M f9 EA (9 fA O~ O 0 0 O N (O M O Q O ~ aD O In X 0 0 0 N N 1~ M ~ d N N 1~ cn a U H U W W r V m V N m 0 m O Z ~ W ~ ~ N Q a m a c Q ~ LL Q O U J a ~ ~ t O U U w a` AGENDA SECTION: OTHER BUSINESS AGENDA ITEM # 1 O REPORT # L ~' STAFF REPORT CITY COUNCIL MEETING JANUARY 12, 2010 REPORT PREPARED BY: CHERYL KRUMHOLZ, EXEC. COORDINATOR ,~.- N TITLE REVIEWED BY CITY p MANAGER: D !U\ ITEM FOR COUNCIL CONSIDERATION: Consideration of the designation of Mayor Pro Tempore for 2010. L RECOMMENDED ACTION: B Motion: Cit Council desi nation of Ma or Pro Tempore for 2010. II. BACKGROUND It is necessary to designate a City Council Member to serve as the Mayor Pro Tempore for those times when the Mayor is absent from the City. City Council Member Sue Sandahl served as Mayor Pro Tempore for 2009. III. BASIS OF RECOMMENDATION A. POLICY • Each year the City Council designates a Council Member to serve as the Mayor Pro Tempore. B. CRITICAL ISSUES • It is necessary to designate a Mayor Pro Tempore to ensure continuation of City operations during an absence of the Mayor. IV. ALTERNATIVE RECOMMENDATION S • Defer the designation to a future Council meeting. V. PRINCII'AL PARTIES EXPECTED AT MEETING • None. 0112MayorProTempore