09-24-2019 Regular AgendaR EG U LAR C IT Y C O U N C IL ME E TIN G
R IC H F IE L D MU N IC IPAL C EN TER, C O U N C IL C H AMB E R S
S E P T E MB E R 24, 2019
7:00 P M
IN TR O D U C TO RY P R O C E E D IN G S
C all to order
Open forum (15 mi nutes maximum)
E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments
are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address
the C ouncil must have registered prior to the meeting.
P ledge of A llegiance
A pproval of the Minutes of the: (1) C ity C ouncil Work S ession Meeting Minutes for S eptember 10, 2019; (2) C ity
C ouncil Regular Meeti ng Minutes for S eptember 10, 2019; (3) C oncurrent C ity C ouncil, HRA and E D A work sessi on
of S eptember 16, 2019
P R E S E N TATIO N S
1.P roclamation declaring S eptember 15 to October 15 Hispanic Hertiage Month in the C ity of Richfield.
C O U N C IL D IS C U S S IO N
2.Hats Off to Hometown Hits
AG E N D A AP P R O VAL
3.A pproval of the A genda
4.Consent C alendar contains several separate items, which are acted upon by the City C ouncil in one
motion. Once the C onsent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for C ouncil discussion and action. All items listed on the C onsent C alendar are
recommended for approval.
A .C onsi der approval to renew the contract wi th the M N Internet C rimes A gai nst C hildren (IC A C ) through May
31, 2024 to receive federal grant funding for P ublic S afety/P olice.
S taff Report No. 108
B .C onsi der approval to renew the contract wi th C hief's Towing, Inc., for P ublic S afety towing services for
D ecember 1, 2019, through November 30, 2021.
S taff Report No.109
C .C onsi der approval of a three year contract with Vitals™, for P ublic S afety and F ire P ersonnel.
S taff Report No.110
D .C onsi der the adoption of a resolution authorizing acceptance of Office of Traffic S afety (O TS ) funds for an
extension on an original four-year grant to fully fund an officer dedicated for D W I enforcement in Richfi eld.
S taff Report No.111
E .C onsi der approval of a Temporary On S ale Intoxicating L iquor license for the Richfield F oundation's W i ne
Tasting event to take place on Thursday, October 10, 2019, in the atri um area of Woodlake C enter, located
at 6601 Lyndale Ave S outh.
S taff Report No.112
F.C onsi der approval of a contract renewal wi th A desa Minneapolis for 2019-2020 for auctioning forfeited
vehi cles from P ublic S afety/P olice.
S taff Report No. 113
5.C onsideration of items, if any, removed from C onsent C alendar
R E S O L U T IO N S
6.C onsider adopti on of a resolution designating the C ity's contribution towards health, dental, term life, and
disability i nsurance premiums for 2020 for General S ervices, Management, and L ocal 49 bargaining unit.
S taff Report No.114
C IT Y MAN AG E R ’S R E P O R T
7.C ity Manager's Report
C L AIMS AN D PAYR O LL S
8.C laims and P ayrolls
Open forum (15 mi nutes maximum)
E ach speaker is to keep their comment period to three minutes to allow sufficient time for others. C omments
are to be an opportunity to address the C ouncil on items not on the agenda. I ndividuals who w ish to address
the C ouncil must have registered prior to the meeting.
9.A djournment
Auxiliary aids for individuals with disabilities are available upon request. R equests must be made at least 96
hours in advance to the C ity Clerk at 612-861-9738.
CALL TO ORDER
The meeting was called to order by Mayor Regan Gonzalez at 7:00 p.m. in the Council Chambers.
Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Edwina Garcia; Simon
Present: Trautmann; and Ben Whalen
Staff Present: Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Neil Rohland,
Communications Director; Blanca Martinez Gavina, Executive Analyst.
PLEDGE OF ALLEGIANCE
Mayor Regan Gonzalez led the Pledge of Allegiance.
Mayor Regan Gonzalez led the council in a moment of silence in remembrance of the incident that
occurred on September 7, in Richfield.
OPEN FORUM
Miguel Fiol, discussed the impact of trauma for many Puerto Ricans and Hispanics due to both natural
and external environments. He urged the City Council to maintain open communication and
transparency during the police investigations.
John Trepp, 1611 Minnehaha Parkway, Minneapolis, a member of NAMI Minnesota, spoke about the
mental health needs in communities and the role that local officials have in ensuring that no lethal
police force is used.
Robert Cerny, 6737 4th Ave south, spoke about alternative use of de-escalation for the Richfield
Police.
Commissioner Goettel, 6525 James Ave South, spoke about the need to come together as a
community and ensure that there is support for families that were impacted by the incidents on
September 7th.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
September 10, 2019
Council Meeting Minutes -2- August 13, 2019
APPROVAL OF MINUTES
M/Supple, S/Garcia to Approval of the Minutes of the: (1) City Council Work Session of August
13, 2019; (2) Regular City Council meeting of August 13, 2019; (3) Concurrent City Council and HRA
Work Session of August 19, 2019; (4) Special City Council; Meeting of August 21, 2019. (5) Special
City Council Meeting of August 27,2019; and (6) City Council Work Session of August 27, 2019.
Motion carried 5-0.
Item #1
Proclamation declaring September 8-14, 2019, as direct support professionals
recognition week in the City of Richfield.
Council Member Supple thanked direct support service professionals for their work and commitment.
Council Member Garcia thanked direct support services professionals for the support they give to
families and individuals.
Item #2
Proclamation declaring September 16-22, 2019 as Girl Scout Spirit week in
the City of Richfield.
Mayor Regan Gonzalez spoke to her experience as a Girl Scout and the skills that are developed
through this community based program.
Council Member Whalen spoke about his admiration for the Girl Scout’s ability to increase women
leaders in community.
Council Member Garcia spoke of her experience as a troop leader and her commitment to the
development of young women.
Item #3
Proclamation declaring September 8, 2019 as Women’s Suffrage Ratification
Centennial Day in the City of Richfield.
Council Member Supple spoke to the importance of remembering how women received their rights to
vote and the sacrifices that were made.
Council Member Garcia spoke to the legacy of the Richfield Women League of Voters, and their
importance in raising leaders in Richfield.
Council Meeting Minutes -3- August 13, 2019
Council Member Whalen commented on the critical initiatives from the Women League of Voters in
Richfield and their critical importance to creating inclusive communities.
Council MemberTrautmann gave commendation to the Richfield Women League of Voters and spoke
of the historical importance that have had on women voting, engaging and leading in their
communities.
Item #4
COUNCIL DISCUSSION
• Hats Off to Hometown Hits
Council Member Whalen gave a reminder of the upcoming school board election forum on October 5th
at 9 a.m., at the Municipal Center. There was mention of the Ice Arena refrigeration project and
residents ability to tour about the upcoming proposed project. In addition, Council Member Whalen
referenced the World Suicide prevention day on September 10 .
Council Member Supple stated appreciation for the efforts from city staff to work around the clock to
ensure that Richfield schools open on time.
Council Member Garcia commented on the open house of Partnership Academy. Additionally, there
were comments made on the sealing of the bricks in the bandshell.
Council Member Trautmann commented on Penn Fest on September 15th on the West Side, and the
Independence 5k run during Penn Fest which raises money for the Independence College for people
with disabilities. There was also a mention about the Council Member’s participation in Night to Unite
and stated their appreciation for the Police and Fire Departments for their support of the event.
Item #4
APPROVAL OF THE AGENDA
M/Whalen , S/Trautman to approve the agenda.
Motion carried 5-0.
Item #5
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider approval of a Construction and Maintenance Agreement with Richfield Properties, LLC
(Audi Richfield), that defines ownership and maintenance responsibilities for certain features
constructed at 1401E. 77th Street in the City of Richfield. (Staff Report No.99)
B. Consider approval of a request for the temporary expansion of the licensed premises for Davanni's,
located at 6345 Penn Avenue South, to allow for the outside service of strong beer on Sunday,
September 15, 2019, in conjunction with Richfield's Open Streets at Penn Fest event.(Staff Report
No.100)
Council Meeting Minutes -4- August 13, 2019
C. Consider the approval of the bid tabulation and award a contract to Michels Corporation for the
2019 Watermain Rehabilitation Project in the amount of $1,775,349.40 and authorize the City
Manager to approve contract changes under $175,000 without further City Council consideration.
(Staff Report No.101)
D. Consider approval of the adoption of a resolution authorizing Amendment #1 to the partnership
agreement between the City of Richfield and the Minnesota Department of Transportation (MnDOT)
for the purchase/storage of salt through June 30, 2022. (MnDOT Contract No. 1030429) related to a
26% increase in salt costs for 2020. (Staff Report No.102)
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO
AMENDMENT #1 TO MNDOT PARTNERSHIP AGREEMENT NO. 1030429 WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE
PURCHASE/STORAGE OF SALT UNTIL JUNE 30, 2022
E. Consider approval of the 2019-2020 contract with the City of Bloomington, using public health
emergency preparedness grant funds distributed by a federal grant from the Centers for Disease
Control, to provide services in the area of public health emergency preparedness/bio-terrorism and
the development of a response system. (Staff Report No.103)
F. Consider approval of the amended rental agreement between the City of Richfield and the
Minnesota Magicians for use of a locker room, ice time for practices and games, concessions, and
alcohol sales. (Staff Report No.104)
G. Consider approval of a lease agreement between the City of Richfield and the United States Postal
Service for the use of fourteen parking spaces in the lower parking lot of the Wood Lake Nature
Center. (Staff Report No. 105)
H. Consider approval of a resolution supporting a joint application with the City of Bloomington to the
Congress for New Urbanism's 2020 Congress Legacy Project for the area surrounding the Portland
Avenue and I-494 interchange. (Staff Report No. 106)
M/Trautmann, S/Supple to approve the consent calendar.
Motion carried 5-0.
Item #6
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #7
CONSIDERATION OF THE ADOPTION OF RESOLUTIONS TO APPROVE THE
2019 REVISED/2020 PROPOSED BUDGET RESOLUTIONS ADOPTING THE
2020 PRELIMINARY PROPERTY TAX LEVY, SETTING TRUTH IN TAXATION
HEARING DATE, AUTHORIZING BUDGET REVISIONS, AND AUTHORIZING
REVISION OF 2019 BUDGET OF VARIOUS DEPARTMENTS.
Council Meeting Minutes -5- August 13, 2019
Mayor Regan Gonzalez welcomed Finance Manager Chris Regis. Finance Manager Chris Regis gave
a presentation of the resolutions to approve the 2019 revised/2020 proposed budget resolutions
through a presentation reviewing the
Council Member Whalen asked how the 4.9% in the levy is not a 4.9% increase on tax on property.
Finance Manager Regis stated that it depends on the market value of the property and tax capacity.
Council Member Garcia thanked Finance Manager Regis for his leadership and the thoroughness, in
addition to transparency during the budget process.
Council Member Trautmann expressed that the City of Richfield is going through the difficult phase of
taking on debt to invest in the aging infrastructure. Council Member Trautmann also appreciation for
the sacrifices that have been made to ensure that these projects are done, thanked Public Work’s
Director Asher, City Manager Rodriguez, Finance Manager Regis and all those involved.
Council Member Whalen encouraged the public to listen to the work session in which directors
described the budget logistics, process and other useful information.
Mayor Gonzalez commended the work that Director Regis has done to maintain the balance of
preservation and also thinking of expansion. The Mayor stated that the pressure on the tax levy is for
aging infrastructure and to maximize opportunities. The Mayor asked for Communications Director
Neil to create a way to relate budget decisions to the public.
M/Supple, S/Whalen to approve the consent calendar.
Motion carried 5-0.
Item #8
CITY MANAGER’S REPORT
City Manager Rodriguez welcomed Executive Analyst Blanca Martinez Gavina.
Item #9
CLAIMS AND PAYROLLS
M/Garcia, S/Regan Gonzalez that the following claims and payrolls be approved:
Council Meeting Minutes -6- August 13, 2019
Motion carried 5-0.
Item #10
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:20 p.m.
Date Approved: September 24, 2019
Maria Regan Gonzalez
Mayor
Kari Sinning Katie Rodriguez
Deputy City Clerk City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
City Council Work Session
September 10, 2019
CALL TO ORDER
The meeting was called to order by Mayor Regan Gonzalez at 6:00 p.m. in the Bartholomew
Room.
Council Members Maria Regan Gonzalez, Mayor; Edwina Garcia; Mary Supple; Simon
Present: Trautmann; and Ben Whalen.
Staff Present: Katie Rodriguez, City Manager; Director; Wayne Kewitsch, Neil Ruhland,
Communication and Engagement Manager; and Blanca Martinez Gavina,
Executive Analyst; Mary Tietjen, City Attorney.
Others Present: Gordon Vizecky from Richfield Tourism and Promotion Board
Item #1
RICHFIELD TOURISM AND PROMOTION BOARD AGREEMENT PRESENTATION
Mayor Regan Gonzalez introduced City Manager Rodriguez. City Manager Rodriguez gave a review
and outline of Richfield Tourism and Promotion Agreement. There was a discussion about the
Richfield Tourism and Promotion Board Agreement in addition to next steps with comments from City
Attorney Mary Tietjen, clarifying aspects of the agreement.
Gordon Vizecky answered questions from Council Member Trautmann regarding bylaws and financial
records.
ADJOURNMENT
The work session was adjourned by unanimous consent at 6:40 p.m.
Date Approved: September 24 , 2019
Maria Regan Gonzalez
Mayor
Kari Sinning Katie Rodriguez
Deputy City Clerk City Manager
SPECIAL JOINT CITY COUNCIL, HOUSING
AND REDEVELOPMENT
AUTHORITY, PLANNING COMMISSION
MEETING MINUTES
Richfield, Minnesota
Work Session Meeting
September 16, 2019
CALL TO ORDER
The meeting was called to order by Housing and Redevelopment Authority Chair Supple at
5:45 p.m.
ATTENDANCE
Council Members Present: Maria Regan Gonzalez, Mayor; Mary Supple; Edwina Garcia; Ben
Whalen; Simon Trautmann
Council Members Absent: None
HRA Members Present: Mary Supple, Chair; Maria Regan Gonzalez; Pat Elliott; Erin Vrieze
Daniels; Sue Sandahl
HRA Members Absent:
PC Members Present:
PC Members Absent:
None
Allysen Hoberg, Chair; Susan Rosenberg; Bryan Pynn; Sean Hayford
Oleary; Jim Rudolph; Peter Lavin
Kathryn Quam
Staff Present: John Stark, Director of Community Development/HRA Executive
Director
Katie Rodriguez, City Manager
Julie Urban, Housing Manager
Melissa Poehlman, Assistant Community Development Director
ITEM #1
CONSIDERATION OF TWO POTENTIAL DEVELOPMENT PROPOSALS FOR
6501 PENN AVENUE
Housing and Redevelopment Authority (HRA) Executive Director Stark and Housing
Manager Urban presented the staff report, explaining that the HRA had purchased the site earlier
this year and that staff have been meeting with two development teams interested in developing
the site. Housing Manager Urban introduced Erik Weingarden and Dave Lundy from the
development team of Broadway Investors.
CC/HRA Meeting -2- August 19, 2019
Mr. Lundy explained that they were proposing to combine property to the south and east
along with the HRA property to construct 150 units of multi-family housing in a four-story building,
with rooftop amenities, and first floor commercial space with uses not available in the area such as
a gym or co-working space.
In response to a question from Commissioner Pynn, Mr. Lundy explained that they could do
a smaller project if they were unable to purchase neighboring properties, but they didn’t think that
was the best option for the City.
Councilmember Trautmann stated that access onto Oliver Avenue would have a big impact
on the residential neighborhood.
In response to a question from Commissioner Vrieze Daniels, Mr. Lundy explained that they
were considering 40% of the units to be affordable at 60% of the Area Median Income, per the
Housing TIF district requirements. He confirmed that they would be open to discussing deeper
affordability and that they would be willing to provide fully-accessible units.
Wynne Yelland and Adam Jonas from Locus Architects, along with Adam Seraphine from
NHH Properties, presented a project with 40 multi-family units and approximately 6,000 square feet
of leasable commercial space on the first floor. A second phase on the property to the south with
an additional commercial space and 20 units of housing could be added if that owner were
interested in selling. The project would have a value of approximately $10 million, would be
financed locally and would use tax increment and grant funds to achieve affordability in the
housing.
Commissioner Hoberg supported the idea of local businesses in the commercial space and
encouraged the developer to figure out the affordable component soon.
Mayor Regan Gonzalez encouraged them to provide more details on how the project would
meet City goals and asked if they had ideas and experience providing affordable commercial
space. She questioned if it was realistic to expect to connect redevelopment with economic
development.
Mr. Seraphine explained that they’re looking at different options for affordable commercial
space including reducing costs, finding funds to finance build-outs, and offering incubator space
with shared costs. Executive Director Stark confirmed that using public subsidies to finance
businesses would be new for the City.
In response to a question from Commissioner Pynn, Mr. Seraphine explained that the two
options for the property to the east would be to construct row homes or to build a bigger building,
although explained that the bigger building was not their preferred option.
Council member Whalen asked for clarification on the mix of affordability, green space, and
access on Penn Avenue. Mr. Seraphine explained that it’s too early to commit to specific
affordability but that they are committed to including it, green space depends on the parking ratio,
and that the results of the Penn Avenue study will help determine access. Executive Director Stark
explained that the City/County study of Penn Avenue will begin soon.
Commissioner Hayford Oleary stated that he had more concerns about the second
proposal and didn’t like to see surface parking. He prefers the larger number of units the first
proposal provides.
Commissioner Vrieze Daniels stated that she preferred the economic development potential
of the second proposal and believes that multiple, smaller buildings fit better on Penn Avenue.
Commissioner Elliot and Councilmember Trautmann suggested having the developers
come back with more information.
Commissioner Sandahl expressed the desire to some green space.
Executive Director Stark clarified that there were some additional details that could be
provided without a significant investment by the development teams but items like detailed financial
and engineering work wouldn’t happen until one team was selected.
CC/HRA Meeting -3- August 19, 2019
Commissioner Rudolph agreed that more information was needed. He also wanted to
consider both developers’ track records with previous developments.
Councilmember Whalen asked to see what the Broadway Investors proposal would look
like without the adjacent properties and wanted more information from Locus/NHH on the
affordable housing numbers.
Councilmember Trautmann introduced the community leaders from the Penn Central group
and suggested the development teams may want to connect with them as they move forward.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:48 p.m.
Date Approved: , 2019
Mary B. Supple
HRA Chair
Julie Urban John Stark
Housing Manager Executive Director
Proclamation of the City of Richfield
WHEREAS, Hispanic Heritage Month pays tribute to Hispanic and Latino
Americans for their contributions to the United States and to celebrate the culture
and history of these groups; and
WHEREAS, Hispanic Heritage Month begins each year on September 15, the
anniversary of independence of five Latin American countries: Costa Rica, El
Salvador, Guatemala, Honduras and Nicaragua. Mexico, Chile and Belize also
celebrate their independence days during this period; and
WHEREAS, 18% of the population in Richfield is of Hispanic or Latino origin,
according to the 2010 census; and
WHEREAS, the Richfield Human Rights Commission supported this
proclamation at its August 8, 2019, meeting and recommended the Richfield City
Council do the same.
NOW, THEREFORE, I, MARIA REGAN GONZALEZ, Mayor of the City of
Richfield, on behalf of the Richfield City Council, do hereby proclaim the
month of September 15 to October 15 as:
HISPANIC HERITAGE MONTH
IN THE CITY OF RICHFIELD
AND call on the people of Richfield to observe this month with appropriate
programs, activities, and ceremonies, and continue to honor the contributions of
Hispanic and Latino Americans throughout the year.
PROCLAIMED this 24th day of September, 2019.
Maria Regan Gonzalez, Mayor
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.A.
STAFF REPORT NO. 108
CIT Y COUNCIL ME E T ING
9/24/2019
RE P O RT P RE PA RE D B Y: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
9/12/2019
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/18/2019
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consider appr oval to renew the contract with the MN Internet Crimes Against Children (IC AC)
through May 31, 2024 to receive federal grant funding for Public Safety/P olice.
E X E C UT IV E S UM M ARY:
The I C A C Program is a national network of 61 coordinated task forc es representing over 4,500 federal,
state, and local law enforc ement and prosecutorial agenc ies. These agencies are engaged in both proactive
and reactive investigations, forensic examinations, and criminal prosecutions.
The I C A C Program was developed in response to the increasing number of children and teenagers using the
I nternet and other tec hnology, the proliferation of child sexual abuse images available electronic ally, and the
heightened online ac tivity by predators seeking unsupervised c ontac t with potential underage vic tims.
Bec ause I C A C Members understand that arrests alone cannot resolve the problem of tec hnology-fac ilitated
child sexual exploitation, the I C A C Program is also dedicated to training law enforc ement officers and
prosec utors, as well as educ ating parents and youth about the potential dangers of online ac tivity. The
Program is funded by the United Stated Department of J ustic e, Office of J uvenile J ustic e and Delinquent
Prevention. The grant is administered by the Office of J ustic e Program's (OJ P ) Grants Management
System. Member agencies submit their equipment and/or training requests to this system.
RE C O M M E ND E D AC T IO N:
By Motion: Approve the contract for 2019-2024 for the attached contract between the C ity of Richfield
and MN Inter net Crimes Against Children (IC AC) Task Force to receive tr aining and equipment for
Public Safety/P olice.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
The Ric hfield Police Department has partic ipated in this program sinc e May 31, 2013.
The length of this grant is five years.
Eac h member agency will receive training and/or equipment based on their needs.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Public Safety does not acc ept financial support unless it is designated for a specific program that
will affect the department as a whole.
Minnesota Statute 465.03 requires that every acc eptance of a grant be made by resolution of
more than two thirds majority of the C ity Council.
The A dministrative Servic es Department issued a memo on November 9, 2004 requiring that all
grants and restric ted donations to departments be rec eived by resolution and by more than two-
thirds majority of the City Council in ac cordanc e with Minnesota S tatute 465.03.
C.C R IT IC AL T IMIN G ISSU E S:
This agreement becomes effec tive on the date signed by all required signatures under Minn. Stat. §
16C.05, subdivision 2, and shall remain effec tive through May 31, 2024.
D.F IN AN C IAL IMPAC T:
None
E.L E GAL C ON S ID E R AT ION :
There are no legal considerations.
ALT E R N AT IV E R E C O MME N D AT IO N(S):
Counc il could disapprove of signing the contrac t preventing membership in the MN I C A C Task Forc e and
making the training and/or equipment unavailable to the Department of Public Safety/Police D epartment.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
None
AT TAC H ME N TS :
D escripti on Type
Minnesota Internet C rimes A gainst C hildren (IC A C ) Task
F orce Multi-A gency L aw E nforcement Joint P owers
A greement
C ontract/A greement
Resolution approving J oint P owers A greement wi th the
C ity of Richfield regarding The Minnesota Internet C rimes
A gainst C hildren (IC A C ) Task F orce
Resolution L etter
SWIFT Contract Number: 165009
ORI: MN0271800
1
165009 2019 ICAC JPA Richfield PD
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE
This Joint Powers Agreement (“Agreement”) is between the State of Minnesota, acting through its Commissioner of Public
Safety on behalf of the Bureau of Criminal Apprehension (“BCA”), and the “City of Richfield on behalf of its Police
Department, 6700 Portland Avenue, Richfield, MN 55423” (“Governmental Unit”).
Recitals
Under Minnesota Statutes, § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that
are necessary to exercise their powers. The parties wish to work together to investigate and prosecute crimes committed
against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of
computers, and to disrupt and dismantle organizations engaging in these activities. The Governmental Unit wants to
participate in the Minnesota Internet Crimes Against Children (ICAC) Task Force and be provided reimbursement of the
following: equipment, training, and expenses (including travel and overtime) as are incurred by law enforcement as a
result of ongoing investigations.
Agreement
1. Term of Agreement
1.1 Effective Date. This Agreement is effective on the date BCA obtains all required signatures pursuant to
Minnesota Statutes, § 16C.05, subdivision 2.
1.2 Expiration Date. This Agreement expires five years from the date it is effective unless terminated earlier
pursuant to clause 12.
2. Purpose
The Governmental Unit and BCA enter into this Agreement to implement a three-pronged approach of prevention,
education and enforcement to combat internet crimes against children. This Agreement provides the mechanism to
reimburse the Governmental Unit for equipment, training and expenses (including travel and overtime), which are
incurred by law enforcement as a result of these investigations.
3. Standards
The Governmental Unit will adhere to the ICAC Program standards identified below.
3.1 Investigate activities related to internet crimes and the exploitation of children through the use of computers.
3.2 Investigate organizations to disrupt and dismantle crimes committed against children.
3.3 Investigators will follow appropriate state and/or federal laws in obtaining arrest warrants, search warrants and
civil and criminal forfeitures. Investigators will follow proper legal procedures in securing evidence, including
electronic devices.
3.4 Investigators will understand and use appropriate legal procedures in the use of informants including
documentation of identity, monitoring of activities, and use and recordation of payments.
SWIFT Contract Number: 165009
ORI: MN0271800
2
165009 2019 ICAC JPA Richfield PD
3.5 Investigators will use, as appropriate, the most current investigative technologies and techniques.
3.6 Investigators must be licensed Minnesota peace officers.
3.7 Investigators will comply with the guidelines of the Department of Justice Internet Crimes Against Children
Program Operational and Investigative Standards.
4. Responsibilities of the Governmental Unit and the BCA
4.1 The Governmental Unit will:
4.1.1 Assign a Governmental Unit point of contact to act as the liaison between it and the BCA ICAC Project
Commander to assist in reimbursement deadlines.
4.1.2 Submit an ICAC reimbursement request for pre-approval of funds. This request shall include a
description of the item requested for reimbursement and an explanation of how it qualifies under the
required criteria in Clauses 3.1 and 3.2 and an operational plan.
4.1.3 Conduct investigations in accordance with provisions of the ICAC Operational and Investigative
Standards, identified in Clause 3.7 above, and conclude the investigations in a timely manner.
4.1.4 Allow BCA to inform participating agencies of potential case connections based on data submitted to
BCA through the ICAC Program.
4.1.5 Not comingle ICAC funds with any other existing federal or state grant funded overtime or additional
local Governmental Unit funding.
4.2 The BCA will:
4.2.1 Provide a Senior Special Agent who will serve as the Commander of the Task Force.
4.2.2 Review and approve or decline reimbursement requests under clause 4.1.2 within seven (7) business
days of the reimbursement request.
4.3 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed
by a Governmental Unit acting through its employees.
5. Payment
5.1 To receive reimbursement for an expense, Governmental Unit must make a request for reimbursement to the
BCA Authorized Representative under the required criteria for operational and investigative standards.
5.2 To receive approved reimbursement, Governmental Unit must submit an expense form no later than 15
business days after the end of the month during which the expense is incurred.
5.3 The BCA will pay the Governmental Unit within thirty (30) calendar days of the submission of the expense form.
5.4 In the event Governmental Unit breaches this Agreement, it will not be eligible to receive reimbursement for any
expenses.
6. Authorized Representatives
The BCA’s Authorized Representative is the following person or his successor:
Name: Donald Cheung, Senior Special Agent/Commander of MN ICAC
Address: Department of Public Safety; Bureau of Criminal Apprehension
1430 Maryland Street East
Saint Paul, MN 55106
Telephone: 651.793.7000
E-mail Address: donald.cheung@state.mn.us
The Governmental Unit’s Authorized Representative is the following person or his/her successor:
Name Joe Ogren, Detective
Address: Richfield Police Department
6700 Portland Avenue
Richfield MN 55423
Telephone: 612-861-9844
E-mail Address: jogren@richfieldmn.gov
SWIFT Contract Number: 165009
ORI: MN0271800
3
165009 2019 ICAC JPA Richfield PD
If the Governmental Unit’s Authorized Representative changes at any time during this Agreement, the Governmental
Unit must immediately notify the BCA.
7. Assignment, Amendments, Waiver, and Agreement Complete
7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this
Agreement.
7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original Agreement, or their
successors in office.
7.3 Waiver. If the BCA fails to enforce any provision of this Agreement, that failure does not waive the provision or
its right to enforce it.
7.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the
Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to
bind either party.
8. Liability
The BCA and the Governmental Unit agree each party will be responsible for its own acts and the results thereof to
the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The BCA’s
liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes, § 3.736, and other
applicable law. The Governmental Unit’s liability shall be governed by provisions of the Municipal Tort Claims Act,
Minnesota Statutes, §§ 466.01-466.15, and other applicable law.
9. Audits
Under Minnesota Statutes, § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, and
accounting procedures and practices relevant to this Agreement are subject to examination by the BCA and/or the
State Auditor and/or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this
Agreement.
10. Government Data Practices
The Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13 and other applicable law, as it applies to all data provided by the BCA under this Agreement and
as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental
Unit under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred
to in this clause by either the Governmental Unit or the BCA.
If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must
immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data
to the requesting party before the data is released.
11. Venue
The venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
12. Expiration and Termination
12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the
other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in
accordance with the terms of this Agreement through the date of termination.
12.2 In the event that federal funding is no longer available, the BCA will email the Governmental Unit’s Authorized
Representative and terminate the Agreement. The termination will be effective two (2) business days after email
notification to the Governmental Unit; and the Governmental Unit shall receive reimbursement in accordance
with the terms of this Agreement through the date of termination.
SWIFT Contract Number: 165009
ORI: MN0271800
4
165009 2019 ICAC JPA Richfield PD
13. Continuing Obligations
The following clauses survive the expiration or cancellation of this Agreement: 8, Liability; 9, Audits; 10, Government
Data Practices; and 11, Venue.
The parties indicate their agreement and authority to execute this Agreement by signing below.
GOVERNMENTAL UNIT
Governmental Unit certifies that the appropriate person(s) has(have) executed
this Agreement on behalf of the Governmental Unit and its jurisdictional
government entity as required by applicable articles, laws, by-laws, resolutions,
or ordinances.
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION
By and Title: _____________________________________________________ ______________
(with delegated authority) Date
COMMISSIONER OF ADMINISTRATION
As delegated to the Office of State Procurement
By: _____________________________________________________________ ______________
Date
RESOLUTION NO.
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH
THE CITY OF RICHFIELD ON BEHALF OF ITS POLICE DEPARTMENT REGARDING THE
MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (ICAC)
WHEREAS, the City of Richfield on behalf of its Police Department desires to enter into
Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of
Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute
crimes committed against children and the criminal exploitation on children that is committed
and/or facilitated by or through the use of computers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Richfield, Minnesota as
follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of
Minnesota acting through its Department of Public Safety, Bureau of Criminal
Apprehension and the City of Richfield on behalf of its Police Department, are hereby
approved. A Copy of the Joint Powers Agreement is attached to this Resolution and
made a part of it.
2. That the Chief, Jay Henthorne, or his successor, is designated the Authorized
Representative for the Police Department. The Authorized Representative is also
authorized to sign any subsequent amendment or agreement that may be required by
the State of Minnesota to maintain the City’s connection to the systems and tools offered
by the State.
3. That Maria Regan Gonzalez, the Mayor for the City of Richfield, and Elizabeth
VanHoose, the City Clerk, are authorized to sign the State of Minnesota Joint Powers
Agreements.
Passed and Adopted by the Council on this 24th day of September, 2019.
_________________________________
Maria Regan Gonzalez, Mayor
ATTEST:
____________________________________
Elizabeth VanHoose, City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.B.
S TAFF RE P ORT NO.109
CIT Y COUNCIL ME E T ING
9/24/2019
RE P O RT P RE PA RE D B Y: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
9/12/2019
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/18/2019
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consider appr oval to renew the contract with C hief's Towing, Inc., for Public Safety towing services
for December 1, 2019, through November 30, 2021.
E X E C UT IV E S UM M ARY:
The City of Richfield requires the services of a towing c ontrac tor to tow impounded vehicles/trailers as well as
vehic les parked illegally during snow ordinanc e enforcement, etc. The contrac t with Chief's Towing expires
November 30, 2019. They are requesting an inc rease of 2% for servic es provided each y ear for the next
contract.
RE C O M M E ND E D AC T IO N:
By motion: Approve the renewal of the contract with Chief's Towing, Inc., 8610 Harriet Avenue South,
Bloomington, MN, for Public Safety towing services for the period of D ecember 1, 2019, through
November 30, 2021.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
The C ity currently has a contract with Chief's Towing, inc ., for Public S afety towing services.
Chief's Towing, I nc ., was awarded the c ontrac t for 2019 and would like to renew the c ontract for
the y ears 2019-2021, as the contrac t expires on November 30, 2019.
The c ontrac t c an be automatically renewed if both parties agree to the renewal and if Chief's
notifies the City in writing, 30 days in advanc e of the expiration of the contract, that they wish to
renew.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Chief's notified the C ity that they wish to renew the c ontrac t for 2019-2021.
The Public Safety D epartment wishes to renew the contract with Chief's Towing, I nc .
Contracts for servic es need not be competitively bid.
The c ontrac t has numerous conditions that must be met. Chief's Towing, I nc., is a reputable,
established towing business that meets all contract requirements.
C.C R IT IC AL T IMIN G ISSU E S:
A six month notic e must be given by either party in writing to terminate the c ontac t.
On D ec ember 1, 2019, Public Safety must have towing services. This is particularly important
with the possibility of snow ordinanc e violations at any time.
Chief's is a large towing c ompany that c an handle the needs of Public Safety regarding
seizure/impound vehicles and comply with C ity ordinanc es that a smaller company could not
handle effec tively.
D.F IN AN C IAL IMPAC T:
Rates will increase by 2% each year for the period of Dec ember 1, 2019-November 30, 2021,
per the attached letter from J effery S choenborn, General Manager of C hief's Towing.
There is adequate funding in the P ublic Safety budget to cover the c osts.
E.L E GAL C ON S ID E R AT ION :
The C ity Attorney has reviewed and approved the past c ontract with C hief's Towing, I nc.
ALT E R N AT IV E R E C O MME N D AT IO N(S):
Council c ould c hose to not sign the contract; however, Public Safety must have towing and impounding
services beginning D ec ember 1, 2019.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
None
AT TAC H ME N TS :
D escripti on Type
L etter and Material C over Memo
A greement C ontract/A greement
Chief’s Towing, Inc
8610 Harriet Ave. South
Bloomington, MN 55420
Ph 952-888-2201 watts 800-888-2201
September 4, 2019
City of Richfield
Richfield Public Safety Department
Lt. Joe Griffin
6700 Portland Avenue South
Richfield, MN 55423
RE: CONTRACT FOR TOWING OF CITY VEHICLES, IMPOUNDING AND STORAGE OF MOTOR
VEHICLES CONTRACT DECEMBER 1, 2019 THRU NOVEMBER 30, 2020.
LT. Griffin:
Chief’s Towing, Inc. would like to take this opportunity to thank you for allowing us to
perform the towing, impounding and storage of motor vehicles for the City of Richfield
this past year. We would like to extend the contract for an additional (2) year period if
such an extension is approved by the Richfield City Council, with a price adjustment of
2% this year and 2% the 2nd year.
Attached is a list of the new proposed rates for 2019-20 , rounded to the nearest nickel.
Sincerely,
Jeffery R. Schoenborn
Chief’s Towing, Inc.
General Manager
City of Richfield, MNCity of Richfield, MNCity of Richfield, MNCity of Richfield, MN
Current and proposed rates for
TOWING, IMPOUNDING, STORAGE OF VEHICLES AND SERVICES
Current Proposed
12/01/2018 12/01/2019
thru thru
11/30/2019 11/30/2020
Towing of impounded cars, trucks (under 1 ½ ton capacity),
Motorcycles, all-terrain vehicles, snowmobiles and unattended
Utility trailers towed within the City of Richfield ................................... $ 91.25 $ 93.10
Towing charge for the same from outside the
City of Richfield .................................................................................... $ 91.25 $ 93.10
Mileage charge for same .......................................................................... $ 3.65 $ 3.70
Towing of trucks (larger than 1 ton capacity) within
the City of Richfield ................................................................................ $152.95 $ 156.00
Towing charge for same outside the
City of Richfield .................................................................................... $152.95 $ 156.00
Mileage charge for same .......................................................................... $ 3.65 $ 3.70
Use of Winch with a tow
Car (Per hour) ............................................................................ $ 22.75 $ 23.20
Truck (Per hour ......................................................................... $ 37.75 $ 38.50
Use of Dolly .................................................................................... $ 22.75 $ 23.20
Use of low-bed trailer or truck (flatbed required) .................................... $ 114.20 $ 116.50
Storage Charges
First 24 hours or fraction thereof:
Inside Storage .............................................................. $ 40.40 $ 41.20
Outside Storage ........................................................... $ 30.20 $ 30.80
Each additional 24 hours of fraction thereof:
Inside Storage ............................................................................ $ 40.40 $ 41.20
Outside Storage ......................................................................... $ 30.20 $ 30.80
Forfeitures
Vehicles forfeited to the City of Richfield ................................ $ 156.55 $ 159.70
City owned vehicles
Towing city owned vehicle less than 1 ton within city of Richfield ........ $ 44.45 $ 45.35
Mileage charge for same outside city ...................................................... $ 3.65 $ 3.70
AGREEMENT BETWEEN THE CITY OF RICHFIELD AND
CHIEF’S TOWING, INC. FOR TOWING,
IMPOUNDING AND STORAGE OF MOTOR VEHICLES.
THIS AGREEMENT is made this 24th day of September, 2019, between the City
of Richfield, a Minnesota municipal corporation located at 6700 Portland Avenue South,
Richfield, Minnesota 55423 (hereinafter referred to as the “City”), and Chief’s Towing,
Inc., located at 8610 Harriet Avenue South (hereinafter referred to as the “Contractor”).
WITNESSETH
WHEREAS, the City has a need to contract for the towing, impounding and
storage of motor vehicles; and
WHEREAS, the City requires that the towing operators are located within three
(3) miles of the City limits; and
WHEREAS, the Contractor is the operator of a towing and storage facility within
three (3) miles of the City limits and has the expertise and capabilities to provide the
required services;
NOW THEREFORE, in consideration of the terms and conditions expressed
herein, the parties agree as follows:
I. TERM OF AGREEMENT
The term of this Agreement shall be from December 1, 2019, to November 30,
2021, subject to termination as provided in Subdivision V.
II. DUTIES OF CONTRACTOR
A. The Contractor shall tow, impound, and store all motor vehicles, which are
ordered removed under the direction of the police chief, or the fire chief, of
the City of Richfield or their authorized and legal representatives. The
Contractor shall be entitled to a charge for its towing and storage services
pursuant to those fees specified in the Contractor’s Proposal (Exhibit B).
It is agreed that neither the City nor the Richfield Police Department is
responsible for any charges as a result of towing and/or storage, with the
exception of those vehicles identified by the Police as subject to forfeiture,
and that the Contractor assumes liability for any unpaid charges.
B. The Contractor agrees to provide the services, as proposed, and perform
all other terms and conditions according to the City’s Specifications and
the Contractor’s Proposal, incorporated by reference herein as Exhibit A
and Exhibit B.
C. The Contractor shall defend, indemnify and hold harmless, the City of
Richfield, its officials, employees and agents, from any and all claims,
causes of action, lawsuits, damages, losses, or expenses, including
attorney fees, arising out of or resulting from the Contractor’s (including its
officials, agents or employees), performance of the duties required under
this Agreement, provided that any such claim, damages, loss or expense
is attributable to bodily injury, sickness, diseases or death or to injury to or
destruction of property including the loss of use resulting therefrom and is
caused in whole or in part by any negligent act or omission or willful
misconduct of Contractor.
D. It is agreed that nothing herein contained is intended or should be
construed in any manner as creating or establishing the relationship of
copartners between the parties hereto or as constituting the Contractor’s
staff as the agents, representatives or employees of the City for any
purpose in any manner whatsoever. The Contractor and its staff are to be
and shall remain an independent contractor with respect to all services
performed under this Agreement. The Contractor represents that it has, or
will secure at its own expense, all personnel required in performing
services under this Agreement. Any and all personnel of the Contractor or
other persons, while engaged in the performance of any work or services
required by the Contractor under this Agreement, shall have no
contractual relationship with the City and shall not be considered
employees of the City, and any and all claims that may or might arise
under the Workers’ Compensation Act of the State of Minnesota on behalf
of said personnel or other persons while so engaged, and any and all
claims whatsoever on behalf of any such person or personnel arising out
of employment or alleged employment including, without limitation, claims
of discrimination against the Contractor, its officers, agents, contractors or
employees shall in no way be the responsibility of the City; and the
Contractor shall defend, indemnify and hold the City, its officers, agents
and employees harmless from any and all such claims regardless of any
determination of any pertinent tribunal, agency, board, commission or
court. Such personnel or other persons shall not require nor be entitled to
any compensation, rights or benefits of any kind whatsoever from the City,
including, without limitation, tenure rights, medical and hospital care, sick
and vacation leave, Workers’ Compensation, Unemployment
Compensation, disability, severance pay and PERA.
E. The parties agree to comply with the Minnesota State Human Rights Act,
Minnesota Statutes, Section 363.
F. The Contractor agrees to maintain for the full term of this Agreement, the
following minimum insurance coverage:
a) $1,000,000.00 Comprehensive General Liability insurance,
Business Auto Policy with $1,000,000.00 limits and Garage
Keeper’s Legal Liability.
b) Workers’ Compensation insurance covering all employees of the
Contractor, or his agents, in accordance with the Minnesota
Workers’ Compensation Law.
Certifications of insurance must be filed with the City and shall include a
provision that states the insurance company shall give the City at least 25
days written notice prior to cancellation, non-renewal, or any material
change in the policy. The Contractor further agrees to name the City of
Richfield as additional insured on said comprehensive general liability
policy.
G. The Contractor agrees to furnish on or before the date this Agreement
becomes effective, an acceptable corporate surety bond in the amount of
$10,000, payable to the City of Richfield and subject to approval by the
Richfield City Attorney, for the faithful performance of all duties and
obligations imposed under the terms and conditions of the Agreement.
III. DUTIES OF THE CITY
The City agrees to pay the Contractor the flat rate charge of $156.55 per vehicle
for the towing and storage of vehicles identified by the Police Department as subject to
forfeiture and which are subsequently released to the Police Department.
IV. MISCELLANEOUS
A. This agreement represents the entire Agreement between the Contractor and
the City and supersedes and cancels any and all prior agreements or
proposals, written or oral, between the parties relating to the subject matter
hereof; and amendments, addenda, alterations, or modifications to the terms
and conditions of this Agreement shall be in writing and signed by both
parties.
B. The Contractor agrees to comply with the Americans With Disabilities Act
(ADA), Section 504 of the Rehabilitation Act of 1973, and not discriminate on
the basis of disability in the admission or access to, or treatment of
employment in its services, programs, or activities. The Contractor agrees to
hold harmless and indemnify the City from costs, including but not limited to
damages, attorney’s fees and staff time, in any action or proceeding brought,
alleging a violation of ADA and/or Section 504 caused by the Contractor.
Upon request, accommodation will be provided to allow individuals with
disabilities to participate in all services, programs and activities. The City has
designated coordinators to facilitate compliance with the Americans with
Disabilities Act of 1990, as required by Section 35.107 of the U.S.
Department of Justice regulations, and to coordinate compliance with Section
504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the
U.S. Department of Housing and Urban Development regulations.
C. The Contractor will comply with all applicable provisions of the Minnesota
Government Data Practices Act, Chapter 13 of the Minnesota Statutes. The
Contractor agrees to comply with all applicable local, state and federal laws,
rules and regulations in the performance of the duties of this contract.
D. This Agreement shall not be assignable except at the written consent of the
City.
E. The books, records, documents, and accounting procedures of the
Contractor, relevant to this Agreement, are subject to examination by the
City, and either the legislative or state auditor as appropriate, pursuant to
Minnesota Statutes, Section 168.06, Subdivision 4.
F. The City and the Contractor 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, 1821 University Avenue, St. Paul, Minnesota. 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 commence such action prior to the expiration of the applicable
statute of limitations.
V. TERMINATION
Either party may terminate this Agreement for any reason upon giving six (6)
months advanced written notice to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF RICHFIELD
DATED: __________________________ BY: ___________________________
Its Mayor
DATED: __________________________ BY: ___________________________
Its Manager
CHIEF’S TOWING, INC.
DATED: __________________________ BY: ___________________________
Its: ____________________________
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.C.
STAFF RE P ORT NO.110
CIT Y COUNCIL ME E T ING
9/24/2019
RE P O RT P RE PA RE D B Y: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
9/17/2019
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/18/2019
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consider appr oval of a three year contract with Vitals™, for Public Safety and Fire Personnel.
E X E C UT IV E S UM M ARY:
Vitals™ provides elec tronic introduction, notific ation or location servic es and assoc iated software and
hardware products to public safety agencies or their employ ees for on-the-ground interactions with vulnerable
individuals, their families and c aregivers.
The City of Richfield Polic e and Fire Personnel intend to utilize and deploy the Servic es in order to increase
public safety and foster community relations.
RE C O M M E ND E D AC T IO N:
By motion: Approve a three year contract with Vitals™ for Public Safety and Fire Personnel.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
Vitals™ Aware Servic es, is a Twin Cities-based company building technology for social good. Founded
in partnership with the Autism Society of Minnesota, Vitals™ launched in August of 2017 in St. Paul.
The following Departments in Hennepin County currently have a contact with Vitals™:
Deephaven Police D epartment
Hopkins P olice D epartment
Ply mouth Polic e Department
Hennepin C ounty Sheriffs Department
Three Rivers Park Polic e
Rogers P olice D epartment
Cry stal Polic e Department
Golden Valley Polic e Department
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
None
C.C R IT IC AL T IMIN G ISSU E S:
None
D.F IN AN C IAL IMPAC T:
The annual cost is $5,492.40 and there is adequate funding in the Public S afety and Fire budget to
c over the costs of the Vitals™ Aware Servic es.
E.L E GAL C ON S ID E R AT ION :
The City Attorney has reviewed and approved the contract with Vitals™ Aware Servic es.
ALT E R N AT IV E R E C O MME N D AT IO N(S):
The Council could deny the three year Vitals™ Aware Services c ontract. This would mean that Public
Safety and Fire P ersonnel would not have ac cess to Vitals™ Aware Services.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
None
AT TAC H ME N TS :
D escripti on Type
C ontract C ontract/A greement
VITALS™ STANDARD SERVICES AGREEMENT
THIS AGREEMENT (this “Agreement”), to take effect on October 1, 2019, (the “Effective
Date”), is entered into by and between Vitals Aware Services, Inc., a Delaware corporation (“Vitals™”),
and City of Richfield (the “Customer,” and together with Vitals™, the “Parties,” and each, a “Party”).
RECITALS
WHEREAS, Vitals™ is in the business of providing electronic introduction, notification or
location services and associated software and hardware products to public safety agencies or their
employees for on-the-ground interactions with vulnerable individuals (the “Services”) and to vulnerable
individuals and their families and caregivers, and
WHEREAS, Customer desires to utilize and deploy the Services in order to increase public
safety and foster community relations, and Vitals™ desires to license the Services to Customer,
AGREEMENT
NOW, THEREFORE, in consideration of the promises set forth above and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
1.Services; Grant of License.
1.1.Services.
(a)General. Vitals™ shall provide the Services to Customer as provided in this Agreement.
Vitals™ shall work with Customer to maximize the positive impact of the Services and the
relating application (the “App”) within Customer’s community through department training,
community engagement and local enterprise connections.
(b)Vitals™ Requirements.
(i)On the Effective Date, Vitals™ shall provide to Customer the following:
1)activation of user log-in capability for each individual supplied by
Customer prior to the Effective Date;
2)access to a user manual;
3)informational and promotional materials for distribution to Customer’s
community in a reasonable quantity or as reasonably requested; and
4)virtual or in person training based reasonably on size and location of
Customer to promptly occur after the Effective Date.
(ii)On the Effective Date and until this Agreement is terminated, Vitals™ shall
provide to Customer the following:
1)additional activation of user profiles as requested by Customer;
2)termination of user profiles as requested by Customer;
61465986.v8
101086661.v2
3)periodic software application updates pushed out to all active Customer
profiles and communication regarding the updates sent to Customer and Customer
profiles; and
4)technical support through Vitals™’s website, online chat, phone and
email (as provided through the App).
(c)Customer Requirements.
(i)Within seven (7) business days prior to the Effective Date, Customer shall
provide to Vitals™ the following:
1)names and email addresses for individuals to have active profiles,
provided electronically and in .csv format; and
2)name and contact information of (I) a lead contact representing
Customer, (II) a lead contact representing Customer’s internal information technology
(IT) department or similar department and (III) a lead contact representing Customer’s
finance department or similar department.
(ii)Within two (2) weeks after the Effective Date:
1)Customer will coordinate timing with Vitals™ communication
department for a public announcement that Customer has equipped its officers with the
capability of using the App and that such capability is now available to the public within
Customer’s community; and
2)Customer will have provided training on Vitals™ Services and the App
to all activated users as of the Effective Date.
(iii)On the Effective Date and until this Agreement is terminated, Customer shall
provide to Vitals™ prompt notice of, and a reasonable opportunity to attend, community and
enterprise events, which Customer determines, in good faith, are relatable to the Services.
1.2.License. For the duration of the term of this Agreement, Customer will have the nonexclusive,
non-assignable (except as provided for in Section 5.6 below), limited right to access and use the
Services and the App solely for Customer’s operations and subject to the terms of this Agreement.
Customer may allow Customer’s employees and independent contractors to access and use the
Services and the App for this purpose and Customer is responsible for Customer’s employees’
and independent contractors’ compliance with the terms of this Agreement.
1.3.Service Interruptions. Upon notice to Vitals™ of any interruption in service, excluding
interruptions caused from lack of cellular service, acts of God, or third-party interference, through
the App or in applicable Services, Vitals™ shall resolve any issue causing interruption in service
within twenty-four (24) hours and provide Customer with updates throughout the repair process.
Notwithstanding anything to the contrary herein, Customer may provide oral or written notice
under this Section 1.3 to Vitals™ through Vitals™’s contact website portals, online chat,
telephone and email.
1.4.Pricing. During the term of this Agreement, Customer shall pay Vitals™ in accordance with
pricing details on Schedule 1.4 of this Agreement. Vitals™ is guaranteeing the pricing details on
Schedule 1.4 for the Initial Term. Upon the end of such guarantee period, Vitals™ shall provide
updated pricing details to Customer one hundred twenty (120) days prior to the expiration of the
Initial Term.
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2.Ownership and Restrictions.
2.1.Customer retains all ownership and intellectual property rights in all information and data
communicated to or entered into any Service or the App by or on behalf of Customer or any
Customer employee or independent contractor (“Customer Data”). Vitals™ or its licensors retain
all ownership and intellectual property rights in and to the Services, the App and all other
programs developed by Vitals™ (the “Vitals™ Programs”). Vitals™ represents and warrants that
it is the owner or authorized licensee of Vitals™ Programs and their components or has and shall
maintain during the term of this Agreement the legal right to license the same to Customer as
contemplated hereby. Vitals™ retains all ownership and intellectual property rights in and to
anything developed or delivered by or on behalf of Vitals™ under this Agreement. Vitals™
reserves the right to use and incorporate any customizations developed for clients into other client
customizations or into Vitals ™ Programs.
2.2.Customer may not:
(a)make Vitals™ Programs or any materials obtained or resulting from the Services
available in any manner to any third party for use in the third party’s business operations (unless
such access is expressly permitted for the specific program license or materials from the Services
Customer has acquired);
(b)modify, make derivative works of, disassemble, reverse compile, or reverse engineer any
part of Vitals™ Programs (the foregoing prohibition includes but is not limited to review of data
structures or similar materials produced by any Vitals™ Programs), or access or use the Services
in order to build or support, and/or assist a third party in building or supporting, products or
Services competitive to those offered by Vitals™;
(c)except as required by law, disclose results of any Services or program benchmark tests
without Vitals™’s prior written consent; and/or
(d)license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose,
permit timesharing or service bureau use, or otherwise commercially exploit or provide the
Services, Vitals™ Programs or any other materials provided by Vitals™ to any third party, other
than as expressly permitted by this Agreement.
2.3.Customer further agrees that:
(a)the rights of any user authorized to use the Services on a “named user” basis cannot be
shared or used by more than one individual (unless such authorization is reassigned in its entirety
to another authorized user, in which case the prior authorized user shall no longer have any right
to access or use the Services) unless otherwise agreed to in writing by Vitals™;
(b)except as expressly provided herein, including as may be necessary to conduct
performance testing as expressly contemplated by this Agreement, no part of the Services may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means, including but not limited to electronic, mechanical, photocopying,
recording, or other means, whether now known or hereafter developed; and
(c)Client agrees to use commercially reasonable efforts to prevent unauthorized third parties
from accessing and/or using the Services.
2.4.Vitals™ reserves the right to perform statistical analyses of Customer’s use of the Services.
Vitals™ does this to measure the effectiveness of the Services, to optimize the performance of the
Services, and to ensure compliance with the terms of this Agreement. Customer will not have any
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right or ability to obtain or learn the results of any such analysis, except for results of statistical
analyses performed solely on Customer, Customer Data or Customer’s employees or independent
contractors.
2.5.Customer grants Vitals™ a worldwide, transferable, perpetual, royalty-free license to use all
Customer Data.
2.6.Vitals™ will retain Customer Data for a period of ninety (90) days.
3.Data.
3.1.Minnesota Government Data Practices Act. The Parties agree to comply with the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data
provided or stored by the Customer pursuant to this Agreement, and (2) all Customer Data,
created, collected, received, stored, used, maintained, or disseminated by Vitals™ pursuant to this
Agreement.
3.2.Provision of Vitals™ held Customer Data. Vitals™ will make the Customer Data held by Vitals™
available to Customer through a portal provided by Vitals™ for the benefit of Customer (such
portal to have the Customer Data described on Schedule 3.2 hereto) and the Parties agree that all
public access requests for such Customer Data shall be managed and fulfilled by the Customer
using the available portal provided by Vitals™. Customer acknowledges that all Customer Data
available on such portal will be available only for periods of ninety (90) days and that it is
Customer’s responsibility to pull necessary periodic reports from such portal to retain Customer
Data in accordance with Customer’s retention policy. Except as required by law, Customer Data
within the Vitals™ Services will not be directly accessible to fulfill data requests under the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.
4.Term; Termination.
4.1.This Agreement shall be for a term of one (1) year beginning on the Effective Date as defined
above (the “Initial Term”). The term of this Agreement shall automatically renew on each
anniversary of the Effective Date for an additional term of three (3) years (the “Renewal Date”)
unless cancelled in writing at least 90 (ninety) days in advance of the next Renewal Date. Either
Party may cancel the Agreement by giving written notice of non-renewal.
4.2.Notwithstanding anything to the contrary, either Party may terminate this Agreement with
immediate effect upon Notice to the other party, if the other party: (a) fails to pay any amount
when due under this Agreement and such failure continues for thirty (30) days after the other
Party’s receipt of notice of nonpayment; (b) has not otherwise performed or complied with any of
the terms of this Agreement, in whole or in part; or (c) becomes insolvent, files a petition for
bankruptcy, or commences or has commenced against it proceedings relating to bankruptcy,
receivership, reorganization, or assignment for the benefit of creditors.
5.Miscellaneous.
5.1.Independent Contractor. Vitals™ is an independent contractor of Customer. Nothing herein will
be deemed to constitute the Parties as joint venturers or partners nor as creating any relationship
of employer and employee, franchisor and franchisee, or principal and agent. Neither Party may
bind or commit the other.
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5.2.Notices.
(a) Requirement of a Writing; Permitted Methods of Delivery. Each Party giving or making
any notice, request, demand or other communication (each, a “Notice”) pursuant to this
Agreement shall give the Notice in writing and use one of the following methods of delivery,
each of which for purposes of this Agreement is a writing: personal delivery, registered or
certified United States Mail (in each case, return receipt requested and postage prepaid),
nationally recognized overnight courier (with all fees prepaid), facsimile or e-mail.
(b)Addressees and Addresses. Any Party giving a Notice shall address the Notice to the
appropriate person at the receiving Party (the “Addressee”) at the address listed on the signature
page of this Agreement or to another Addressee or another address as designated by a Party in a
Notice pursuant to this Section.
(c)Effectiveness of a Notice. Except as provided elsewhere in this Agreement, a Notice is
effective only if the Party giving the Notice has complied with these Subsections 5.2(a) and (b)
and if the Addressee has received the Notice.
5.3.Indemnification. Vitals agrees to defend and indemnify Customer and its officials, employees and
agents, for any claims, liability, damages, and expenses (including reasonable attorneys’ fees and
costs) arising out of the unlawful disclosure of personally identifiable information provided
through the App or arising out of Vitals’ gross negligence or willful misconduct in providing the
services under this Agreement.
5.4.Insurance. Vitals is required to maintain reasonable insurance coverage to respond to the duties
and obligations undertaken by the Vitals in the Agreement. Before Vitals commences providing
services under this Agreement and before Customer utilizes the App, Vitals must provide
Customer with a certificate of insurance that is acceptable to Customer.
5.5.Amendment; Waiver. The Parties may amend this Agreement only by a mutually executed written
agreement of the Parties that identifies itself as an amendment to this Agreement. The Parties may
waive any provision of this Agreement only by a writing executed by the Party against whom the
waiver is sought to be enforced.
5.6.Severability. If any provision of this Agreement is determined to be invalid, illegal or
unenforceable, the remaining provisions of this Agreement remain in full force, if the essential
terms and conditions of this Agreement for each Party remain valid, binding, and enforceable.
5.7.Merger. This Agreement constitutes the final agreement between the Parties. It is the complete
and exclusive expression of the Parties’ agreement on the matters contained in this Agreement.
All prior and contemporaneous negotiations and agreements between the Parties on the matters
contained in this Agreement are expressly merged into and superseded by this Agreement. The
provisions of this Agreement may not be explained, supplemented or qualified through evidence
of trade usage or a prior course of dealings. In entering into this Agreement, neither Party has
relied upon any statement, representation, warranty or agreement of the other Party except for
those expressly contained in this Agreement. There are no conditions precedent to the
effectiveness of this Agreement, other than those expressly stated in this Agreement.
5.8.Assignment. No Party may assign any of its rights under this Agreement, except with the prior
written consent of the other Party. That Party shall not unreasonably withhold its consent. If there
is an assignment of rights, the non-assigning Party is deemed to have agreed to perform in favor
of the assignee. Notwithstanding the foregoing, Vitals™ may assign this Agreement to any
affiliate or subsidiary of Vitals™.
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5.9.Third Party Beneficiaries. This Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the signatories.
5.10.Limitation of Liability. THE LIABILITY OF EACH PARTY WITH RESPECT TO THIS
AGREEMENT SHALL NOT EXCEED THE COST OF THE SERVICES PROVIDED
HEREUNDER, AND NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER,
WHICH IN ANY WAY ARISE OUT OF RELATE TO THIS AGREEMENT, SUCH PARTY’S
PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT, OR THE
PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE UNDER THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTIONS
AND THIRD-PARTY CLAIMS, EVEN IF SUCH PARTY WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
5.11.Governing Law; Forum Selection. The laws of the State of Minnesota (without giving effect to its
conflict of laws principles) govern all matters arising out of or relating to this Agreement and the
transactions it contemplates, including, without limitation, its interpretation, construction,
performance, and enforcement. Any Party bringing a legal action or proceeding against any other
Party arising out of or relating to this Agreement may bring the legal action or proceeding in the
United States District Court for the District of Minnesota or in any court of the State of
Minnesota sitting in Hennepin County. Each Party waives, to the fullest extent permitted by law,
its right to contest jurisdiction brought in the aforementioned venues and submits to the
nonexclusive jurisdiction of the same for all purposes of all legal actions and proceedings arising
out of or relating to this Agreement.
5.12.Counterparts. The Parties may execute this Agreement in multiple counterparts, each of which
constitutes an original, and all of which, collectively, constitute only one agreement. The
signatures of all of the Parties need not appear on the same counterpart, and delivery of an
executed counterpart signature page by facsimile is as effective as executing and delivering this
Agreement in the presence of the other Parties to this Agreement. This Agreement is effective
upon delivery of one executed counterpart from each Party to the other Parties. In proving this
Agreement, a Party must produce or account only for the executed counterpart of the Party to be
charged.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
VITALS AWARE SERVICES, INC.
By (Signature):Date
Name (Print):Janeé L. Harteau
Its:President, CEO
Address:6595 Edenvale Blvd, Ste. 155
Eden Prairie, MN 55346
Email Address:jharteau@thevitalsapp.com
CUSTOMER
Customer Name:City of Richfield
By (Signature):Date
Name (Print):Maria Regan Gonzalez
Its:Mayor
By (Signature):
Date
Name (Print):Katie Rodriguez
Its:City Manager
Address:6700 Portland Ave
Richfield, MN 55423
Email Address:mregan@richfieldmn.gov
[Signature Page to Master Services Agreement]
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SCHEDULE 1.4
PRICING
Customer is guaranteed these prices for a period of 3 (three) years beginning on the Effective Date
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Schedule 3.2
Customer Data Available through Portal
Data Description
responder id of the person logged in to the responder app
beacon id of the beacon found
accountID account of the profile/beacon
carrier id of the profile associated with that beacon at
the time
start_loc geoJSON point of the first report of contact
with the beacon
start_time time reported by the device of the first contact
with the beacon
end_loc location of the last reported contact with the
beacon
end_time time of the last reported contact with the
beacon
device description of the device that detected the
beacon
resolutionStatus highest level of interaction attained
created server time database record was created
modified server time record was last modified
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AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.D.
STAFF REPORT NO.111
CIT Y COUNCIL ME E T ING
9/24/2019
RE P O RT P RE PA RE D B Y: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
9/12/2019
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/24/2019
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consider the adoption of a resolution authoriz ing acceptance of Office of Tr affic Safety (O T S) funds
for an extension on an original four-year gr ant to fully fund an officer dedicated for D W I enforcement
in Richfield.
E X E C UT IV E S UM M ARY:
The National Highway Traffic Safety Administration (NHTSA) is providing federal funding to the OTS to
implement a program to support one full time officer solely for D W I enforcement. E ight c ounties, inc luding
Hennepin, were c hosen to receive grant funding. The grant is administered through the OTS. The grant
was guaranteed for four years, but will be written for an additional federal fisc al y ear at a time. The City of
Richfield has received an additional extension and has been awarded $76,919.89 for 2020.
RE C O M M E ND E D AC T IO N:
By motion: Adopt a resolution allowing the R ichfield Department of Public Safety to accept a grant
from the Office of Traffic Safety (O T S) for an extension on an original four -year grant to fully fund an
officer dedicated for D W I enforcement in R ichfield.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
The average number of D W I arrests per year in Richfield is 176. The goal is to inc rease that
to 200 D W I arrests per year.
I n 2016, Richfield had 26 alcohol related c rashes.
I n 2017, Richfield had 30 alcohol related c rashes.
I n 2018, Richfield had 21 alcohol related c rashes.
From Oc tober 1, 2017, to September 30, 2018, there were 20 D W I c rashes, whic h is the fiscal
year for State of Minnesota agencies.
Minnesota Motor Vehicle Crash Fac ts data show that the hours between 5:00 p.m. and 5:00 a.m.
as having the highest conc entration of alcohol related crashes. The D W I offic er's work shift will
be from 5:00 p.m. to 5:00 a.m. with a minimum of two Fridays and two S aturdays per month to be
a required part of the D W I officer's sc hedule. Statistic s will be checked daily, including but not
limited to: speed tic kets, seat belt tic kets, texting tickets, "Not a Drop" tic kets and warnings
associated with these statistics. Proac tive c riminal interdiction patrol would also be implemented.
The C ity of Ric hfield has been approved to receive $76,919.89 from the D W I Offic er grant for
2020.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Public Safety does not acc ept financial support unless it is designated for a specific program that
will affect the department as a whole.
The grant money will be used by P ublic Safety to pay for one full-time polic e offic er
salary ; inc luding overtime and/or training.
Minnesota Statute 465.03 requires that every acc eptance 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 C ounc il.
The Administrative Services D epartment issued a memo on November 9, 2004, requiring
that all grants and restricted donations to departments be rec eived by resolution and by a
two-thirds majority of the City C ounc il in ac cordanc e with Minnesota Statute 465.03.
C.C R IT IC AL T IMIN G ISSU E S:
The total length of the grant was for four years, however, grants will be written for one federal
fisc al y ear at a time and the City of Richfield has rec eived an extension on an original four-year
grant to fully fund an offic er.
D.F IN AN C IAL IMPAC T:
Federal guidelines require this money be spent on projec ts designed to reduce D W I incidents.
Both the offic er and majority of the equipment funded by the grant c an only be used for the
enforcement of laws prohibiting driving while impaired. I f the D W I officer responds to, or is
called to an inc ident for something other than an alcohol-related driving offense, the time spent on
non-D W I related enforc ement exceeding 15 suc cessive minutes must be paid for by the agency.
The vehicle will be assigned to and driven solely by the D W I offic er.
The Ric hfield Department of Public Safety has developed a work plan and budget that have been
approved by the OTS.
The grant will c over one full-time sworn offic er, and fringe benefits are c overed by the grant. The
Richfield D epartment of Public Safety has funds budgeted for items not c overed by the grant.
E.L E GAL C ON S ID E R AT ION :
There are no legal considerations.
ALT E R N AT IV E R E C O MME N D AT IO N(S):
Council c ould disapprove the acceptance of the grant but the Richfield D epartment of Public Safety
would then not be able to dedicate an offic er to D W I enforcement.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
None
AT TAC H ME N TS :
D escripti on Type
Resolution Resolution L etter
A greement C ontract/A greement
RESOLUTION NO.
RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC SAFETY/POLICE TO
ACCEPT GRANT MONIES FROM THE OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF
$76,919.89 OR A LESSER AMOUNT, AS AWARDED BY THE DEPARTMENT OF PUBLIC
SAFETY, TO FUND A POLICE OFFICER DEDICATED TO DWI ENFORCEMENT.
WHEREAS, Richfield Police Department has been approved by the Office of Traffic
Safety (OTS) to receive funds made available to eight Counties in the State of Minnesota
through federal funding provided by the National Highway Traffic Safety Administration
(NHTSA); and
WHEREAS, Richfield is scheduled to be awarded $76,919.89 or a lesser amount as
awarded by the Minnesota Department of Public Safety to be used as designated by the grant
agreement which mandates that the funds be used to support one full time officer dedicated to
DWI enforcement for an extension of the original term of four years; and,
WHEREAS, Richfield has agreed that the Minnesota Department of Public Safety will
serve as the fiscal agent; and,
WHEREAS, in accordance with the agreement, squad operating costs per mile,
maintenance, uniforms, weapons and time spent in excess of 15 minutes on non-DWI related
calls will be covered by the Richfield Police Department; and,
WHEREAS, Richfield Police has established an approved budget with the OTS for
$76,919.89 or a lessor amount for the DWI enforcement program; and,
NOW, THEREFORE, BE IT RESOLVED that the City of Richfield, Public Safety
Department enter into a grant agreement with the Minnesota Department of Public Safety, for
traffic safety enforcement projects during the period from October 1, 2019 to September 30,
2020.
Adopted by the City Council of the City of Richfield, Minnesota this 24th day of
September, 2019.
Maria Regan Gonzalez, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
Grant Agreement Page 1 of 2
DPS Grant Agreement non-state (OTS 06/16)
Minnesota Department of Public Safety (“State”)
Office of Traffic Safety
445 Minnesota Street, Suite 1620
St. Paul, MN 55101
Grant Program: 2020 NHTSA; 2020 DWI
Officers
Project No.: 0303
Grant Agreement No.: A-OFFICR20-2020-
RICHFPD-016
Grantee:
Richfield Police Department
6700 Portland Avenue South
Richfield, MN 55423-2560
Grant Agreement Term:
Effective Date: 10/1/2019
Expiration Date: 9/30/2020
Grantee’s Authorized Representative:
Sergeant Matthew Steen
6700 Portland Avenue South
Richfield, MN 55423-2560
(612)246-2375
msteen@richfieldmn.gov
Grant Agreement Amount:
Original Agreement $76,919.89
Matching Requirement $ 0.00
State’s Authorized Representative:
Duane Siedschlag
445 Minnesota Street, Suite 1620
St. Paul, MN 55101
(651)201-7078
Duane.Siedschlag@state.mn.us
Federal Funding: CFDA 20.608 & CFDA 20.616
FAIN: 18X9205464MN17 & FAIN:
18X920405dMN17
State Funding: None
Special Conditions: None
Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant agreement.
Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn.
Stat. § 16B.98, subd. 7, whichever is later. Once this grant agreement is fully executed, the Grantee may claim
reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement.
Reimbursements will only be made for those expenditures made according to the terms of this grant agreement.
Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs
first.
The Grantee, who is not a state employee will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved 2020
NHTSA; 2020 DWI Officers Application (“Application”) which is incorporated by reference into this grant
agreement and on file with the State at 445 Minnesota Street, Suite 1620 St. Paul, MN 55101. The Grantee shall
also comply with all requirements referenced in the 2020 NHTSA; 2020 DWI Officers Guidelines and
Application which includes the Terms and Conditions and Grant Program Guidelines
(https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant agreement.
Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached
and incorporated into this grant agreement. As stated in the Grantee’s Application and Grant Program Guidelines,
the Grantee will submit a written change request for any substitution of budget items or any deviation and in
accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the
Grantee.
Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the
matching requirement will be met by the Grantee.
Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the
Grant Agreement Page 2 of 2
DPS Grant Agreement non-state (OTS 06/16)
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment
will not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY
Individual certifies that funds have been encumbered as
required by Minn. Stat. §§ 16A.15 and 16C.05. Signed: ___________________________________________
(with delegated authority)
Signed: _____________________________________________ Title: ______________________________________________
Date: _______________________________________________ Date: ______________________________________________
Grant Agreement No. A-OFFICR20-2020-RICHFPD-016
PO No. 3-61910
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant agreement on behalf of the Grantee
as required by applicable articles, bylaws, resolutions, or ordinances.
Signed: _____________________________________________
Print Name: __________________________________________
Title: _______________________________________________
Date: _______________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Distribution: DPS/FAS
Title: ______________________________________________ Grantee State’s Authorized Representative
Date: _______________________________________________
2020 DWI Officers EXHIBIT A
Organization: Richfield Police Department A-OFFICR20-2020-RICHFPD-016
Budget Summary
Budget
Budget Category State Reimbursement Local Match
DWI Officer Salary
DWI Officer estimate of anticipated overtime .$6,916.00 $0.00
DWI Officer salary for 2000 hours.$69,340.00 $0.00
Total $76,256.00 $0.00
Administrator Salary
Anticipated overtime for the DWI administrator.$298.89 $0.00
Total $298.89 $0.00
TZD Conference
DWI Officer to conference in St . Cloud.$365.00 $0.00
Total $365.00 $0.00
Total $76,919.89 $0.00
Page 1 of 108/07/2019
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.E.
STAFF RE P ORT NO.112
CIT Y COUNCIL ME E T ING
9/24/2019
RE P O RT P RE PA RE D B Y: J enni fer A nderson, S upport S ervices Manager
D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
9/12/2019
O TH E R D E PA RTM E NT RE V IE W: N/A
C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/18/2019
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consider appr oval of a Temporary O n Sale Intoxicating Liquor license for the Richfield Foundation's
W ine Tasting event to take place on Thursday, October 10, 2019, in the atrium area of W oodlake
Center, located at 6601 Lyndale Ave South.
E X E C UT IV E S UM M ARY:
On September 5, 2019, the C ity rec eived application materials for a Temporary On Sale I ntoxicating Liquor
lic ense for the Ric hfield Foundation's W ine Tasting event to take plac e on Thursday, Oc tober 10, 2019. The
event will take place from 6:30 p.m. to 9:00 p.m. in the atrium area of W oodlake C enter, located at 6601
Ly ndale Avenue South.
The request is to serve wine, c raft beer and spirits. They will have approximately 20 different wine, c raft beer
vendors, and spirits vendors. They will also offer appetizers, desserts, water and coffee.
All required information, doc uments and licensing fees have been provided. The D irec tor of Public Safety
has reviewed all required information and documents and has found no basis for denial.
The City Counc il has previously granted this lic ense in conjunction with this event.
RE C O M M E ND E D AC T IO N:
By motion: Approve the issuance of a Tempor ar y O n Sale Intoxicating Liquor license for Richfield
Foundation's W ine Tasting event, to take place on Thursday, O ctober 10, 2019, in the atrium area of
W oodlake Center, located at 6601 Lyndale Avenue South.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
The applic ant has satisfied the following requirements for the issuance of this lic ense:
The required licensing fees have been received.
P roof of liquor liability insuranc e has been provided showing E vanston
I nsurance C ompany affording the c overage.
The Ric hfield Foundation has c ontac ted food sanitarians from the City of Bloomington to
ensure food handling practices are followed.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Richfield C ity Code Section 1202.05 requires all applicants to comply with all of the provisions of
this code, as well as the provisions of Minnesota Statute Chapter 340A .
C.C R IT IC AL T IMIN G ISSU E S:
The Ric hfield Foundation W ine Tasting event takes place on Thursday, October 10, 2019, so
approval by the City Counc il is needed at the regular meeting on S eptember 24, 2019.
D.F IN AN C IAL IMPAC T:
The required licensing fees have been received.
E.L E GAL C ON S ID E R AT ION :
There are no legal considerations.
ALT E R N AT IV E R E C O MME N D AT IO N(S):
The C ounc il could deny the approval of the Temporary On Sale I ntoxic ating Liquor lic ense for the
Richfield Foundation. This would mean the applicant would not be able to serve alcohol at their W ine
Tasting event; however, Public Safety has not found any basis for denial.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
A representative of the Ric hfield Foundation will be present.
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #4.F.
S TAFF REPORT NO. 113
CIT Y COUNCIL ME E T ING
9/24/2019
RE P O RT P RE PA RE D B Y: J ay Henthorne, D irector Of P ublicS afety/C hi ef of P olice
D E PA RTM E NT D IRE C TOR RE V IE W: J ay Henthorne, D irector of P ublic S afety/C hi ef of P olice
9/12/2019
O TH E R D E PA RTM E NT RE V IE W:
C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/18/2019
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consider appr oval of a contract renewal with Adesa Minneapolis for 2019-2020 for auctioning forfeited
vehicles from P ublic Safety/Police.
E X E C UT IV E S UM M ARY:
Adesa is a company used by the Public Safety D epartment to store and auc tion-off seized vehic les. The City
currently has a c ontrac t with Adesa and would like to renew the c ontract for the year 2019-2020.
RE C O M M E ND E D AC T IO N:
By motion: Approve the renewal of the 2019-2020 auction service contract between the City of
Richfield and Adesa Minneapolis, for the auctioning of forfeited vehicles fr om Public Safety/Police.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
Adesa's performance during the past y ear of the c ontrac t period was satisfac tory. They auction
forfeiture vehicles for many cities, including the City of Bloomington.
Adesa Minneapolis has submitted the new c ontrac t for 2019-2020. No c hanges were made to the
services they provide.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Adesa Minneapolis notified the City that they wish to renew their contract with the City.
The Public Safety D epartment wishes to renew the contract with Adesa Minneapolis. The contract
has numerous conditions that must be met.
Adesa Minneapolis is a reputable, established auc tion c ompany that meets all c ontrac t
requirements.
C.C R IT IC AL T IMIN G ISSU E S:
A 30-day written notice must be given by either party to terminate the contract.
Public Safety must have a company to store and auction forfeited vehic les.
Adequate spac e is not available in the C ity to store forfeited vehicles.
D.F IN AN C IAL IMPAC T:
The fees remain the same and are detailed in the c ontrac t. There is adequate funding in the
Public Safety budget to cover the c osts of Adesa Minneapolis servic es.
E.L E GAL C ON S ID E R AT ION :
The C ity Attorney has reviewed and approved the past c ontract with A desa Minneapolis and there
are no contract changes under the new contract.
ALT E R N AT IV E R E C O MME N D AT IO N(S):
Do not approve the contract; however, Public Safety would need to find other means to auction
forfeited vehicles.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
None
AT TAC H ME N TS :
D escripti on Type
A greement C ontract/A greement
AGREEMENT BETWEEN THE CITY OF RICHFIELD
AND ADESA MINNEAPOLIS
THIS AGREEMENT is made and entered into this 15th day of October, 2019 by and
between the City of Richfield, a Minnesota municipal corporation located at 6700 Portland Ave.,
S., Richfield, Minnesota 55423 (hereinafter referred to as the “City”), and ADESA Minnesota,
LLC dba ADESA Minneapolis, a Minnesota limited, liability company with its principle business
offices located at 18270 Territorial Road, Dayton, Minnesota 55369 (hereinafter referred to as
“ADESA”).
WITNESSETH
WHEREAS, the City comes into possession of and is authorized to retain various motor
vehicles which are identified as potentially being subject to forfeiture of other civil processes
under the laws of the State of Minnesota as a result of their having been used in the connection
with a criminal act (hereinafter referred to as “Forfeiture Vehicles”) and upon successful
completion of the forfeiture or civil process the City is authorized to dispose of said vehicles in
accordance with Section 315 of the Richfield City Code; and
WHEREAS, ADESA represents that it has the professional expertise and knowledge to
perform its duties as an automobile dealer, and is licensed by the State of Minnesota in that
capacity; and
WHEREAS, THE City desires to hire ADESA to transport, store, repair, maintain and
sell its Forfeiture Vehicles;
NOW, THEREFORE, in consideration of the terms and conditions expressed herein,
the parties agree as follows:
I. TERM OF AGREEMENT
The term of this Agreement shall begin October 15, 2019 and shall continue until
December 31, 2020, subject to termination as provided in Article IV.
II. DUTIES OF ADESA
A. Upon specific authorization from the City, ADESA agrees to drive or transport
those vehicles identified by the City as one of its Forfeiture Vehicles to a secure location to be
determined and managed by ADESA.
B. Upon receipt of a City Forfeiture Vehicle and except for fire, storm, flood, war,
civil disturbance, riot, act of God, lightning, earthquake, or other similar casualty, which is not
within the control of ADESA or any act/omission of City or its officers, employees or agents,
ADESA accepts full responsibility for it and agrees to exercise due diligence in its care,
maintenance and storage of said vehicle until the time that it is sold or released; so as to avoid
waste and obtain a reasonable sale price at auction.
C. Upon specific authorization from the City, ADESA agrees to perform such minor
repair work on the City’s Forfeiture Vehicles so as to prepare them for auction and maximize the
City’s return at auction, but in no event shall such repair work exceed the cost of TWO
HUNDRED AND NO/100 DOLLARS ($200.00) without prior, written authorization by the
Richfield City Manager or his/her designee.
D. Upon specific authorization from the City, ADESA agrees to release the City’s
Forfeiture Vehicles prior to auction on such terms and conditions as the City may direct.
E. ADESA agrees to box and store personal property that is not affixed to, but
located within, the City’s Forfeiture Vehicles and upon specific authorization from the City to
release such property on such terms and conditions as the City may direct.
F. Upon specific authorization from the City, ADESA agrees to promptly sell the
City’s Forfeiture Vehicles in a commercially reasonable manner by an open and competitive
automobile dealer or salvage auction.
G. ADESA agrees to defend, indemnify and hold harmless the City, its officials,
employees and agents from any and all claims, causes of action, lawsuits, damages, losses or
expenses, including attorney fees, arising out of or resulting from ADESA’s (including its
officials, agents or employees) performance of the duties required under this Agreement,
provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness,
diseases or death or to injury to or destruction of property including the loss of use resulting
therefrom and is caused in whole or in part by any negligent act or omission or willful
misconduct of ADESA.
H. During the term of this Agreement ADESA agrees to maintain general
comprehensive liability insurance in the amount of $1,000,000 for any damage to property, theft,
loss or other claims as a result of ADESA’s negligence or malfeasance in performing this
Agreement. In addition, ADESA agrees to maintain such motor vehicle liability insurance as
required by state and federal laws.
I. ADESA shall be licensed and bonded in the State of Minnesota to perform its duties
under this Agreement and shall provide a certificate of licensure, bonding and insurance to the
City.
J. ADESA agrees to comply with all applicable local, state and federal laws, rules
and regulations in the performance of the duties of this Agreement.
K. It is agreed that nothing herein contained is intended or should be construed in
any manner as creating or establishing the relationship of copartners between the parties hereto
or as constituting ADESA’s staff as the agents, representatives or employees of the City for any
purpose in any manner whatsoever. ADESA and its staff are to be and shall remain an
independent contractor with respect to all services performed under this Agreement. ADESA
represents that it has, or will secure at its own expense, all personnel required in performing
services under this Agreement. Any and all personnel of ADESA or other persons, while
engaged in the performance of any work or services required by ADESA under this Agreement,
shall have no contractual relationship with the City and shall not be considered employees of
the City, and any and all claims that may or might arise under the Workers’ Compensation Act
of the State of Minnesota on behalf of said personnel or other persons while so engaged, and
any and all claims whatsoever on behalf of any such person or person or personnel arising out
of employment or alleged employment including, without limitation, clams of discrimination
against ADESA, its officers, agents, contractors or employees shall in no way be the
responsibility of the City; and ADESA shall defend, indemnify and hold the City, its officers,
agents and employees harmless from any and all such claims regardless of any determination
of any pertinent tribunal, agency, board commission or court. Such personnel or other persons
shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever
from the City, including, without limitation, tenure rights, medical and hospital care, sick and
vacation leave, Workers’ Compensation, Unemployment Compensation, disability, severance
pay and PERA.
L. The books, records, documents, and accounting procedures of the Contractor,
relevant to this Agreement, are subject to examination by the City, and either the legislative or
state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5.
M. ADESA agrees to comply with the Americans with Disabilities Act (ADA),
Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in
the admission or access to, or treatment of employm ent in its services, programs or activities.
ADESA agrees to hold harmless and indemnify the City from, costs, including by not limited to
damages, attorney’s fees and staff time, in any action or proceeding brought alleging a violation
of ADA and/or Section 504 caused by the ADESA. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in all services, programs and
activities. The City has designated coordinators to facilitate compliance with the Americans
With Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice
regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as
mandated by Section 8.53 of the U.S. Department of Housing and Urban Development
regulations.
N. The Contractor will comply with all applicable provisions of the Minnesota
Government Data Practices Act., Chapter 13 of the Minnesota Statutes.
O. Any Forfeiture Vehicles which ADESA has been authorized and directed to sell
but was unable to under the terms of this Agreement shall be returned to the City at a site
designated by it as soon as reasonably practicable but in no event more than sixty (60) days
from the occurrence of the event making sale under this Agreement impossible.
III. DUTIES OF THE CITY
A. The City shall consign specifically identified Forfeiture Vehicles to ADESA to
sell to the highest bidder at public dealer or salvage auctions.
B. The City shall certify that it has good title and right to sell those of its Forfeiture
Vehicles which it directs and specifically authorizes ADESA to sell at public dealer or salvage
auctions and shall provide and deliver merchantable title to the purchaser upon notification from
ADESA.
C. The City shall defend, indemnify and hold harmless the ADESA, its officials,
employees and agents from any and all claims, causes of action, lawsuits, damages losses or
expenses, including attorney fees, arising out of or resulting from the City’s performance of the
duties required under this Agreement, provided that any such claim, damages, loss or expense
is attributable to bodily injury, sickness, diseases or death or to injury to or destruction of
property including the loss of use resulting therefrom and is caused in whole or in part by any
negligent act or omission or willful misconduct of City.
Notwithstanding the above, City shall also fully defend, indemnify and hold ADESA
harmless for and against any and all claims, expenses (including reasonable attorney’s fees),
suits and demands arising out of, based upon and resulting from alleged or actual damage
caused by the forfeiture process or from inaccuracy of the odometer reading on any Forfeiture
Vehicle prepared in connection with the sale at auction, unless such inaccuracy is caused by an
employee, agent or officer of ADESA.
D. The City shall pay to ADESA and ADESA shall deduct from the sale proceeds
of the Forfeiture Vehicle, the following amounts as and for its services properly authorized and
provided pursuant to this Agreement:
1. Transportation of an operable Forfeiture Vehicle to or from the City of Richfield to
ADESA’s designated storage site: $50.00.
2. Tow of an inoperable Forfeiture Vehicle (tow or trailer) to or from the City of Richfield to
ADESA’s designated storage site: Not to Exceed $100.00.
3. Basic cleaning of a Forfeiture Vehicle: $37.00.
4. Complete detail of a Forfeiture Vehicle (vacuum and shampoo carpets, detail interior,
etc.): $85.00.
5. Repair of a Forfeiture Vehicle: Shop Rates.
6. Sale by auction of a Forfeiture Vehicle: $125.00.
7. Release of a Forfeiture Vehicle prior to auction: $50.00 redemption, fee plus any
charges (i.e., transportation).
8. Storage fee if car is not sold within 90 days: $3.00/day.
9. Inventory fee for lease of personal property: $25.00.
IV. TERMINATION
Either party may terminate this Agreement for any reason upon thirty (30) days advance
written notice to either party. The City reserves the right to cancel this Agreement at any time in
the event of default or violation by ADESA of any provision of this Agreement. The City may
take whatever action at law or in equity that may appear necessary or desirable to collect
damages arising from a default or violation or to enforce performance of this Agreement.
V. MISCELLANEOUS
A. Any material alterations, variations, modifications or waivers of provisions of
this Agreement shall be valid only when they have been reduced to writing as an amendment to
this Agreement and signed by both parties.
B. This Agreement shall not be assignable except at the written consent of the
City.
C. This Agreement represents the entire Agreement between ADESA and the City
and supersedes and cancels any and all prior agreements or proposals, written or oral, between
the parties relating to the subject matter hereof; and amendments, addenda, alterations, or
modifications to the terms and conditions of this Agreement shall be in writing and signed by
both parties.
D. The parties agree to comply with the Minnesota State Human Rights Act,
Minnesota Statutes, Section 363.
E. The parties hereto agree to comply with Section 504 of the Rehabilitation Act of
1973/31 CFR Part 51. This Act states in part that, “Gall recipients of federal funds, whether in
the form of a grant or a contract, review, and if necessary, modify their programs and activities
so that discrimination based on handicap is eliminated.”
F. The terms and conditions of this Agreement shall be binding on ADESA’s
successors and assigns and to the extent any assignee of ADESA.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF RICHFIELD
DATED: BY:
Director of Public Safety
DATED: BY:
ADESA MINNEAPOLIS
DATED: BY:
Its
AGENDA SECTION:RESOLUTIONS
AGENDA ITEM #6.
STAFF RE P ORT NO.114
CIT Y COUNCIL ME E T ING
9/24/2019
RE P O RT P RE PA RE D B Y: J esse S wenson, HR Manager
D E PA RTM E NT D IRE C TOR RE V IE W:
O TH E R D E PA RTM E NT RE V IE W:
C ITY M A NA G E R RE V IE W: K atie Rodriguez, C ity Manager
9/18/2019
I T E M F O R C O UNC I L C O NS I D E RAT IO N:
Consider adoption of a resolution designating the C ity's contribution towar ds health, dental, term life,
and disability insurance premiums for 2020 for General Services, Management, and Local 49
bargaining unit.
E X E C UT IV E S UM M ARY:
The City contributes to the c ost of premiums for four kinds of insuranc e coverages available to City
employ ees. The full-time employee contributions are disc ussed within this staff report as well as contributions
toward health insurance for part-time regular General Servic es employ ees.
The Local Government I nformation Systems A ssoc iation (LOGI S) group changed insuranc e carriers in 2017
to HealthPartners health insuranc e. As part of the 5 y ear c ontrac t, rate banding was introduced, along with
rate c aps for eac h of the contract years. Initially the forecast of the 2020 benefit renewal was at 11.2%.
However, Richfield’s rate banding moved in a positive direction from Band B to Band C, decreasing
the renewal to 10.9%. Also, the IR S released new High Deductible Health Plan deductions for 2020
and the deductible increased from $2,700 to $2,800, causing the renewal to again decrease to
10.2% for 2020.
The 2020 dental rates have increased by $0.25 for employee-only coverage. The C ity self-insures its dental
coverage. Life insuranc e rates will remain the same as the 2019 contract year. The City 's Long Term
Disability provider, C I GNA, extended beyond its three year contract and kept the rates the same for 2020.
This rate cap will expire D ec ember 31, 2020.
The City's HR division negotiated a 2019-20 union c ontrac t with the Local 49 bargaining unit, and the unit
agreed to acc ept the same insurance c ontributions as General Servic es and Management employ ees in
2020. As such, the union contract inc ludes language on this topic. The City's other four unions have not
negotiated a 2020 contract, but have agreed in the past to a similar provision in their respec tive c ontracts.
RE C O M M E ND E D AC T IO N:
By motion: Adopt a resolution designating the City's contribution toward health, dental, term life, and
disability insurance premiums for 2020 for General Services, Management, and Local 49 bargaining
unit.
B AS IS O F RE C O M M E ND AT IO N:
A.H IS TOR IC AL C ON TEXT
HE A LTH I NSURA NC E F OR F UL L-TI ME EMP L OY E E S
The first type of insuranc e coverage available to full-time employ ees is group health c overage.
The City will offer plans through HealthP artners (HP).
I n 2020, the City will offer employees a choic e of three HP plans, with the choic e of three
networks for all plans. The plans inc lude three high deduc tible plans with a Health Savings
Ac count (HS A). Employ ees can choose between the Open Access, P erform, and the Achieve
networks. The Perform network is slightly less c ostly because it does not inc lude Mayo in its in-
network, and the Ac hieve network is up to five perc ent less than the other networks bec ause it
includes only HealthPartners and P ark Nicollet Care Systems.
I n an effort to remain flexible and keep rate inc reases as low as possible, LOGI S will c ontinue to
offer a four-tier sy stem, giving employ ees the choic e of employee only, employ ee plus spouse,
employee plus child(ren) and family option c overage. By providing this four-tier rating sy stem,
some employees are able to benefit by choosing the employee plus spouse option or employee
plus c hild(ren) option.
The City will c ontinue to pay the full individual employee premium and provide an additional
c ontribution towards dependent coverage up to a spec ified maximum insurance premium. The
health insuranc e premium increase for 2020 is 10.2%. Staff is proposing that the City
c ontribution be $1,312 per month for the employ ee plus spouse and employee plus child(ren)
tiers and $1,435 per month for the family c overage tier.
The 2020 monthly premium costs of the three offered health plans are dependent on the type of
network selec ted.
Full-time employ ees have the option to waive health insurance coverage through the City.
Employ ees electing to waive coverage will not receive an additional monthly stipend bec ause of
the P atient Protection and Affordable C are Act (A C A). The A C A c ould deem any inc entive to
employees to waive c overage as a violation of anti-disc rimination rules.
The City 's contribution amounts for employ ees, as a percent of premium over the past several
y ears, is shown in Attachment 1.
HE A LTH I NSURA NC E F OR PA RT-TI ME RE GUL A R E MP LOY E E S
The City will c ontinue to contribute 75% of the single health care premium for part-time regular
employees. The City will also continue to pay one-half of what it pays for full-time employ ees
towards dependent c overage. I n 2020 City c ontributions will increase to $656.00 per month for
the employ ee plus spouse and employee plus child(ren) tiers and $717.50 per month for the
family c overage tier. Part-time employ ees may opt out of health insuranc e altogether.
D E NTA L
The sec ond type of insurance provided to full-time employees is a self-funded group dental
insuranc e. I n 2019, the City contributed $59.75 per month per employee for the total cost of
employee (not dependent) coverage. For 2020, the City ’s contribution will inc rease to $60.00
per month per employ ee. Employ ees who desire family c overage must pay the full c ost of such
additional premium, which will be $65.00 per month for 2020 – a twenty-five c ent increase from
2019. Since dental insurance is self-funded, the City establishes the dental rates from y ear to
y ear internally, based upon administrative and benefit payout cost data. Analy sis of the dental
fund performanc e for the past three years indicates that a slight rate increase is necessary.
LI F E
The third ty pe of insurance provided to full-time employ ees is a $35,000 term life insurance
policy. The City pay s the full premium for this insuranc e. The rate for 2020 will remain at $1.75
per month per employ ee.
L ONG-TE RM D I S A B I LI TY (LTD)
The fourth ty pe of insurance provided and fully -funded by the City to all full-time employ ees in all
employee groups is long-term disability insurance (LTD). LTD is provided through a group policy
secured by the C ity. C I GNA guaranteed its same rate beyond the three-year contract. The LTD
rate for 2016-2020 is 21 cents per $100 of covered pay roll.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The C ity continues to provide adequate insurance protection for its employee groups, which are
comparable to employ ees performing similar jobs in comparable c ommunities.
By providing the same coverages, greater benefit equality is achieved between female classes
found in General Servic es and Management groups and male classes found in the c ontrac ted
labor units.
C.C R IT IC AL T IMIN G ISSU E S:
The C ity should implement the premium inc reases for c overage by D ec ember 1, 2019. Payroll
deductions for J anuary 2020 insuranc e payments - the beginning of the new insurance period -
are c alculated in D ec ember.
Premiums for all coverages should be determined at the September 24, 2019 City C ounc il
meeting in order for staff to be adequately prepared for open enrollment, sc heduled to begin late
Oc tober 2019.
D.F IN AN C IAL IMPAC T:
The funding necessary to provide for the rec ommended City premium c ontributions are
accounted for in the 2020 Budget and the preliminary 2020 tax levy.
The proposed 2020 C ity contributions towards health insurance result in an increase to dependent
health insurance by $85 per month for employ ee plus spouse and employee plus child(ren)
coverage and by $105 per month for family coverage.
Richfield's contribution will remain about average with those of comparable metro c ities.
E.L E GAL C ON S ID E R AT ION :
I n order to provide the requested insuranc e benefit changes, the City C ounc il must approve the
resolution designating the City's contribution toward health, term life, long-term disability, and
dental insurance premiums for General S ervices, Management, and Local 49 bargaining unit.
ALT E R N AT IV E R E C O MME N D AT IO N(S):
The C ounc il may decide to adjust the C ity's c ontribution to dependent health insuranc e by an amount
other than an increase of $85 per month and $105 per month.
The C ounc il may take no ac tion which would maintain the City 's contribution towards insurance
premiums at the c urrent 2019 funding level but that would shift 100% of the inc rease to the employee
contribution, whic h would be 10.2% of the total premium.
Defer discussion to another date.
P R IN C IPAL PAR TIE S EXP E C T E D AT ME E T IN G:
None
AT TAC H ME N TS :
D escripti on Type
Resolution Resolution L etter
A ttachment B ackup Materi al
RESOLUTION NO. _____
RESOLUTION DESIGNATING CITY'S CONTRIBUTION
TOWARD HEALTH, DENTAL, TERM LIFE, AND DISABILITY INSURANCE
PREMIUM FOR GENERAL SERVICES, MANAGEMENT, AND LOCAL 49 EMPLOYEES
WHEREAS, the hospital-medical/surgical group health insurance plan is available from the
LOGIS Health Insurance program for City employees and their dependents; and
WHEREAS, a self-funded group dental insurance plan is available to full-time City General
Services, Management, and Local 49 employees and their dependents; and
WHEREAS, a term life and accidental death and dismemberment insurance plan is
available from the Local Government Information Systems Association (LOGIS) for full-time City
General Services, Management, and Local 49 employees and their dependents; and
WHEREAS, a group long-term disability program is available to full-time City General
Services, Management, and Local 49 employees; and
WHEREAS, the City Council is required to determine by resolution the City's contribution
toward the premium for employee group insurance coverages.
NOW, THEREFORE, BE IT RESOLVED that the City shall contribute a maximum of $1,435
per month for family health insurance to full-time employees, and in any event, said contributions
shall not exceed the cost of single coverage for employees selecting that option. For all full-time
General Services, Management, and Local 49 employees, the City shall also pay the $60.00
monthly premium for the offered dental insurance plan, and the $1.75 monthly premium for the
term life and accidental death and dismemberment insurance plan, for a total possible maximum
2020 insurance premium contribution of $1,496.75 per month. The City shall contribute 75% of the
single health care premium for part-time regular employees and a maximum of $717.50 per month
towards dependent coverage. Such contributions shall be for coverage effective January 1, 2020.
BE IT FURTHER RESOLVED that the City shall contribute the full cost of long-term
disability insurance for full-time General Services, Management, and Local 49 employees.
BE IT FURTHER RESOLVED that the City Council shall determine the City's contribution
toward insurance premiums for all organized employee groups by the adoption of the appropriate
resolutions concerning the labor contract with the respective organized employee groups.
Adopted by the City Council of the City of Richfield, Minnesota this 24th day of September 2019.
_____________________________
Maria Regan Gonzalez, Mayor
ATTEST:
_________________________
Elizabeth VanHoose, City Clerk
Attachment 1
The City's Contribution Toward Dependent Health Insurance as a Percent of Total Premium
Cost
YEAR HEALTH DEPENDENT CITY CONTRIBUTION CITY
PLAN PREMIUM MGMT./GEN. SVCS AVERAGE % OF
COST PREMIUM
2010 HealthPartners
Open Access Choice
* Employee +
Spouse $1418.74 $855 60%
* Employee +
Children $1344.21 $855 64%
* Family $1755.49 $905 52%
Distinctions
* Employee +
Spouse $1325.16 $855 65%
* Employee +
Children $1251.93 $855 68%
* Family $1635.02 $905 55%
High Deductible HSA $2500
* Employee +
Spouse $ 934.16 $855 92%
* Employee +
Children $ 882.55 $855 97%
* Family $1152.50 $905 78%
2011 HealthPartners
Open Access Choice
* Employee +
Spouse $1562.16 $915 59%
* Employee +
Children $1480.10 $915 62%
* Family $1932.99 $965 50%
Distinctions
* Employee +
Spouse $1459.12 $915 63%
* Employee +
Children $1378.49 $915 66%
* Family $1800.32 $965 54%
High Deductible HSA $2500
* Employee +
Spouse $1032.52 $915 89%
* Employee +
Children $ 975.48 $915 94%
* Family $1274.10 $965 76%
2012 Blue Cross Blue Shield
Open Access Choice
* Employee +
Spouse $1295.00 $915 71%
* Employee +
Children $1233.00 $915 74%
* Family $1603.00 $965 60%
Distinctions
* Employee +
Spouse $1144.50 $915 80%
* Employee +
Children $1089.50 $915 84%
* Family $1416.50 $965 68%
High Deductible HSA $2500
* Employee +
Spouse $854.50 $915 107%
* Employee +
Children $814.00 $915 112%
* Family $1058.00 $965 91%
2013 Blue Cross Blue Shield
Distinctions
* Employee +
Spouse $1242.00 $950 76%
* Employee +
Children $1182.00 $950 80%
* Family $1537.00 $1000 65%
High Deductible HSA $2500
* Employee +
Spouse $927.00 $950 102%
* Employee +
Children $883.00 $950 108%
* Family $1148.00 $1000 87%
2014 Blue Cross Blue Shield
Distinctions
* Employee +
Spouse $1407.00 $990 70%
* Employee +
Children $1339.00 $990 74%
* Family $1741.50 $1040 60%
High Deductible HSA $2500
* Employee +
Spouse $1050.50 $990 94%
* Employee +
Children $1000.50 $990 99%
* Family $1300.50 $1040 80%
2015 Blue Cross Blue Shield
Distinctions
* Employee +
Spouse $1555.74 $1045 67%
* Employee +
Children $1480.74 $1045 71%
* Family $1925.74 $1100 57%
High Deductible HSA $2600
* Employee +
Spouse $1160.74 $1045 90%
* Employee +
Children $1105.74 $1045 95%
* Family $1436.74 $1100 77%
2016 Blue Cross Blue Shield
Distinctions
* Employee +
Spouse $1734.50 $1135 65%
* Employee +
Children $1651.00 $1135 69%
* Family $2147.00 $1215 57%
High Deductible HSA $2600
* Employee +
Spouse $1294.00 $1135 88%
* Employee +
Children $1233.00 $1135 92%
* Family $1602.00 $1215 76%
High Deductible HSA $4000
* Employee +
Spouse $1182.50 $1135 96%
* Employee +
Children $1126.00 $1135 101%
* Family $1463.50 $1215 83%
2017 HealthPartners
High Deductible HSA $2600
* Employee +
Spouse $1218.00 $1135 93%
* Employee +
Children $1160.00 $1135 98%
* Family $1507.50 $1215 81%
High Deductible HSA $4000
* Employee +
Spouse $1113.00 $1135 102%
* Employee +
Children $1060.00 $1135 107%
* Family $1378.00 $1215 88%
2018 HealthPartners
High Deductible HSA $2700
* Employee +
Spouse $1315.00 $1195 91%
* Employee +
Children $1252.50 $1195 95%
* Family $1628.00 $1290 79%
High Deductible HSA $4000
* Employee +
Spouse $1213.50 $1195 98%
* Employee +
Children $1155.50 $1195 103%
* Family $1502.00 $1290 86%
2019 HealthPartners
High Deductible HSA $2700
* Employee +
Spouse $1378.00 $1227 89%
* Employee +
Children $1312.50 $1227 93%
* Family $1706.50 $1330 78%
High Deductible HSA $4000
* Employee +
Spouse $1271.50 $1227 97%
* Employee +
Children $1211.00 $1227 101%
* Family $1574.50 $1330 84%
2020 HealthPartners
High Deductible HSA $2800
* Employee +
Spouse $1516.00 $1312 87%
* Employee +
Children $1444.00 $1312 91%
* Family $1887.00 $1435 76%
High Deductible HSA $4000
* Employee +
Spouse $1410.50 $1312 93%
* Employee +
Children $1343.00 $1312 98%
* Family $1746.50 $1435 82%