05-28-2024 City Council AgendaR EG U LAR C IT Y C O U N C IL MEET IN G
R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S
MAY 28, 2024
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
P ledge of A llegiance
Open forum
C all into the open forum by dialing 1-415-655-0001 U se webinar access code: 2634 242 5959 and password:
1234.
P lease refer to the C ouncil A genda & M inutes web page for additional ways to submit comments.
A pproval of the Minutes of the C ity C ouncil Meeting of May 14, 2024
AG E N D A APPR O VAL
1.A pproval of the A genda
P R E S E N TATIO N S
2.P roclamation C elebrating P ride Month
3.Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A .C onsider the approval of the first reading of an ordinance amending S ection 925.02 relating to the
regulation of vacant buildings.
S taff Report No. 71
B .C onsider adoption of a resolution accepting a S afe Routes to S chool Infrastructure grant from the
Minnesota D epartment of Transportation.
S taff Report No. 72
C .C onsider the adoption of a resolution authorizing Cooperative Construction Agreement No.
1055963 between the C ity of Richfield and the S tate of Minnesota D epartment of Transportation
(MnD O T) for construction of the Highway 62 Noise Wall P roject between X erxes Ave and P enn Ave.
S taff Report No. 73
D .C onsider the J oint P owers A greement to enable Richfield to provide an alternative response for selective
911 calls in a manner that most effectively and efficiently supports and protects the physical, mental and
behavioral health of individuals in the C ities of Richfield and E dina.
S taff Report No. 74
4.C onsideration of items, if any, removed from C onsent C alendar
C IT Y MAN AG E R’S R E P O R T
5.C ity Manager's Report
C LAIMS AN D PAYR O L LS
6.C laims and P ayroll
C O U N C IL D ISC U SSIO N
7.Hats Off to Hometown Hits
8.A djournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9739.
CALL TO ORDER
The meeting was called to order by Mayor Supple at 7:00 p.m. in the Council Chambers.
Council Members Present:
Mary Supple, Mayor; Sharon Christensen; Sean Hayford
Oleary; and Ben Whalen
Council Members
Absent:
Simon Trautmann
Staff Present:
Katie Rodriguez, City Manager; Mary Tietjen, City Attorney; Jay
Henthorne, Public Safety Director/Police Chief; Jennifer
Anderson, Support Services Manager; Mike Flaherty, Deputy
Police Chief; Joe Griffin, Police Lieutenant; and Kelly Wynn,
Administrative Assistant
Others Present: Michael Zazzera, Human Rights Commissioner; STEM School
Choir
PLEDGE OF ALLEGIANCE
Mayor Supple led the Pledge of Allegiance.
RICHFIELD STEM SCHOOL CHOIR
Mayor Supple introduced the Richfield Elementary School STEM choir who gave a performance.
OPEN FORUM
Mayor Supple reviewed the options to participate:
Participate live by calling 1-415-655-0001 during the open forum portion
Call prior to meeting 612-861-9711
Email prior to meeting kwynn@richfieldmn.gov
Lisa Barnage, Apple Valley, stated she was representing the Seven Hills Preparatory Academy.
She thanked the city for considering the refinancing of their bonds.
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Council Meeting
May 14, 2024
City Council Meeting Minutes -2- May 14, 2024
APPROVAL OF MINUTES
M/Hayford Oleary, S/Christensen to approve the minutes of the: (1) Joint HRA/Council/PC
Work Session; (2) City Council Work Session of April 23, 2024; and (3) City Council Meeting of April
23, 2024.
Motion carried: 5-0
ITEM #1
APPROVAL OF THE AGENDA
M/Whalen, S/Christensen to approve the Agenda.
Motion carried: 5-0
ITEM #2
PROCLAMATION CELEBRATING ASIAN AND PACIFIC AMERICAN HERITAGE
MONTH
Mayor Supple read aloud the proclamation.
Michael Zazzera, Human Rights Commissioner, encouraged the community to listen to their
Asian and Pacific American neighbors in an effort to learn from them and elevate their voices.
ITEM #3
PROCLAMATION RECOGNIZING NATIONAL POLICE WEEK
Mayor Supple invited Police Chief Henthorne to accept the proclamation and read aloud the
proclamation.
Chief Henthorne thanked the city for the recognition and recognized the families of their officers
and professional staff who made personal sacrifices and provided endless support and understanding
so everyone could fulfill their duties with courage, professionalism, and unwavering commitment to keep
the city a safe place.
ITEM #4
CONSENT CALENDAR
City Manager Rodriguez presented the consent calendar.
A. Consider approval of an annual request for a Temporary On Sale Intoxicating Liquor license
for the Academy of Holy Angels, located at 6600 Nicollet Avenue South, for their annual Holy
Angels Rock the Lawn event taking place Friday, June 14, 2024. (Staff Report No. 62)
B. Consider a resolution authorizing West Hennepin Affordable Land Housing Trust, dba
Homes Within Reach, to utilize funding from Hennepin County Housing and Redevelopment
Authority’s Homeownership Assistance Program in Richfield (Staff Report No. 63)
City Council Meeting Minutes -3- May 14, 2024
RESOLUTION NO. 12205
RESOLUTION APPROVING THE PARTICIPATION OF
THE HENNEPIN COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY IN AN AFFORDABLE
HOUSING PROJECT
C. Consider the approval of a Temporary On Sale intoxicating Liquor license for their annual
wrestling event scheduled to take place June 15, 2024, at Fred Babcock VFW #5555,
located at 6715 Lakeshore Dr. (Staff Report No. 64)
D. Consider the approval of a Temporary On-Sale intoxicating Liquor License from the Fourth
of July Committee for events scheduled at Veterans Memorial Park , July 3-4, 2024 (Staff
Report No. 65)
E. Consider approval to renew the contract with the MN Internet Crimes Against Children
(ICAC) through May 31, 2024 to receive federal grant funding for Public Safety/Police. (Staff
Report No. 66)
RESOLUTION NO. 12206
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)
F. Consider approval of the bid tabulation and authorize the Mayor and City Manager to
execute a contract with Valley Paving, Inc., for the 66th Street and Richfield Parkway
Improvements Project in the amount of $279,638 and authorize the City Manager to approve
contract changes up to $175,000 without further City Council consideration. (Staff Report
No. 67)
G. Consider the approval of a resolution authorizing execution of MnDOT Agreement $1056595
for the disbursement of state Active Transportation Program funds for the 66th Street and
Richfield Parkway Pedestrian Improvement Project. (Staff Report No. 68)
RESOLUTION NO. 12207
RESOLUTION AUTHORIZING EXECUTION OF MNDOT
AGREEMENT #1056595 SETTING GRANT TERMS AND
CONDITIONS FOR THE DISBURSEMENT OF STATE
ACTIVE TRANSPORTATION FUNDING FOR SAP 157-
590-001
H. Consider adoption of a resolution authorizing acceptance of a stock donation received by
Richfield Recreation Services Department from Carl Sandberg for Wood Lake Nature Center
in an amount between $64,290-$74,900, and to authorize the Recreation Services Director
to apply the funds for Wood Lake Nature Center with direction from the donor (Staff Report
No. 69)
RESOLUTION NO. 12208
RESOLUTION ACCEPTING A DONATION OF STOCK
RECEIVED BY THE RICHFIELD RECREATION
SERVICES DEPARTMENT FROM CARL SANDBERG
City Council Meeting Minutes -4- May 14, 2024
FOR WOOD LAKE NATURE CENTER IN THE AMOUNT
BETWEEN $64,290 - $74,900 AND AUTHORIZING THE
RECREATION SERVICES DIRECTOR TO APPLY THE
FUNDS FOR WOOD LAKE NATURE CENTER WITH
DIRECTION FROM THE DONOR
M/Whalen, S/Christensen to approve the consent calendar.
Council Member Whalen lifted up the MnDOT Agreement No. 1056595 and thanked staff for
continuing to look for funding for this. He noted this was related to the roundabout on 66 and Richfield
Parkway. He indicated he was excited this was going to be fixed and it would be a safer intersection.
Council Member Hayford Oleary also shared his enthusiasm for the 66 and Richfield Parkway
item. He also thanked Carl Sandburg and his family for their generous donation.
Mayor Supple echoed thanks to Mr. Sandberg and his family for their generosity as well as to
the other grant funders. She noted a lot of work had been done into applying for these grants, which
she appreciated.
Motion carried: 5-0
ITEM #5
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
None.
ITEM #6
PUBLIC HEARING TO APPROVE HOST DESIGNATION FOR THE CITY OF
DEEPHAVEN TO ISSUE REVENUE BONDS TO FINANCE THE
CONSTRUCTION OF A CH ARTER SCHOOL FACILITY LOCATED AT 14101
SOUTHCROSS DRIVE IN THE CITY OF BURNSVILLE (THE “BURNSVILLE
FACILITY”) AND REFINACNING THE ISSUER’S CHARTER SCHOOL LEASE
REVENUE BONDS (SEVEN HILLS PREPARATORY ACADEMY PROJECT),
SERIES 2017, LOCATED AT 1401 WEST 76TH STREET, RICHFIELD,
MINNESOTA. (STAFF REPORT NO. 70)
Council Member Whalen presented Staff Report 70 and opened the public hearing.
City Manager Rodriguez explained what host approval was with respect to the revenue bonds
and why they are taken out by a different entity. She emphasized that the debt is the responsibility of
the owners of Seven Hills, and it was not a liability for the City of Richfield.
Council Member Whalen reiterated that this was not a financial action or liability of the City of
Richfield, and the city was happy to support the school.
There were no comments received from the public regarding this item.
M/Whalen, S/Hayford Oleary to close the public hearing.
Motion carried: 5-0
City Council Meeting Minutes -5- May 14, 2024
M/Whalen, S/Christensen to approve Resolution Consenting to and approving the Issuance by
the City of Deephaven of its Charter School Lease Revenue Obligations and Taking Other Actions with
Respect Thereto.
RESOLUTION NO 12209
RESOLUTION CONSENTING TO AND APPROVING THE
ISSUANCE BY THE CITY OF DEEPHAVEN OF ITS CHARTER
SCHOOL LEASE REVENUE OBLIGATIONS AND TAKING
OTHER ACTIONS WITH RESPECT THERETO
Mayor Supple thanked the City of Deephaven for helping out the local charter school.
Motion carried: 5-0
ITEM #7
CITY MANAGER’S REPORT
City Manager Rodriguez shared information regarding questions and comments from the open
forum at the previous meeting. She then expressed gratitude for the Richfield Police Department and
recognized their good work as we honor all members of public safety during National Police Week.
ITEM #8
CLAIMS AND PAYROLL
M/Whalen, S/Christensen that the following claims and payrolls be approved:
U.S. BANK 05/10/2024
A/P Checks: 328118-328526 $1,657,751.08
Payroll: 187097-187403 43913-43914 $966,471.38
TOTAL $2,624,222.46
Motion carried: 5-0
ITEM #9
HATS OFF TO HOMETOWN HITS
Council Member Whalen spoke of the Commuter Services BBQ at Taft Park on May 16 to
celebrate bike month. He also expressed excitement for Farmer’s Market season to begin.
Council Member Christensen congratulated Chief Henthorne for being recognized by the Chief’s
Association regarding his legislative work. She also reminded residents of the upcoming city-wide
garage sale.
Council Member Hayford Oleary thanked the Richfield Foundation Volunteers as well as city
staff who participated in the Taste of Richfield last week. He indicated it was a great event.
Mayor Supple thanked all of the public safety members for National Police Week. She stated
there was going to be a state of the community event on June 11 at City Hall at either 4:30 or 5:00 p.m.
She then noted the city had received the designation of Tree City USA from the Arbor Day Foundation
for 2023. She thanked everyone for helping take care of the city’s urban canopy and all of the trees.
City Council Meeting Minutes -6- May 14, 2024
She also stated on May 27 at 2 p.m. the city would be honoring all veterans at a ceremony at Veteran’s
Park with a flyover and speakers.
ITEM #10
ADJOURNMENT
M/Whalen, S/Hayford Oleary to adjourn the meeting at 7:40 p.m.
Motion carried: 5-0
Date Approved: May 28, 2024
Mary B. Supple
Mayor
Kelly Wynn Katie Rodriguez
Administrative Assistant City Manager
Proclamation of the City of Richfield
WHEREAS, Pride Month is a positive stance against discrimination and violence toward
individual who identify as lesbian, gay, bisexual, transgender, queer, intersex and asexual
(LGBTQIA) and celebrates sexual and gender identities; and
WHEREAS, the Richfield City Council and staff identified celebrating diversity and being
equitable as core values, recognizing that our diverse culture is one of our greatest strengths and
assets; and
WHEREAS, the month of June was chosen for Pride Month to commemorate the Stonewall
riots, which occurred in June 1969 and became a catalyst for the LGBTQIA movement; and
WHEREAS, LGBTQIA people have made, and continue to make, great and lasting
contributions to the City of Richfield and to the greater community; and
WHEREAS, while the LGBTQIA civil rights movement has achieved great progress, some
states are reversing that progress and there remains a great deal more to be had; and
WHEREAS, the Richfield Human Rights Commission supported this proclamation at its
May 7th, 2024 meeting and recommended the Richfield City Council do the same; and
Now, THEREFORE, I, Mary Supple, mayor of Richfield, on behalf of the Richfield City
Council, do hereby proclaim the month of June 2024 as Pride 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 LGTBQIA residents throughout
the year.
PROCLAIMED this 28th day of May, 2024.
Mary B. Supple, Mayor
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.A.
STAFF RE P ORT NO. 71
CIT Y COUNCIL MEET ING
5/28/2024
RE P O RT P RE PA RE D B Y:Jennifer A nderson, S upport S ervices Manager
D E PA RTME NT D IRE C TO R RE V IE W:Jay Henthorne, D irector of P ublic S afety/C hief of P olice
5/21/2024
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
5/22/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the approval of the first reading of an ordinance amending Section 925.02 relating to the
regulation of vacant buildings.
E X E C UT IV E S UM M ARY:
I n October 2023, the City Council approved an ordinance relating to managed natural landscapes and a new
maintenance standard of grass height from 6" to 8" per state law. City Code Section 925.02 refers to the
maintenance of vacant property and grass height no taller than 6". This section should have also been amended
but was mistakenly overlooked when the ordinance was amended.
RE C O M M E ND E D AC T I O N:
By Motion: Approve the first reading of an ordinance amending Section 925.02 of the Richfield City
Code relating to regulation of vacant buildings and required maintenance of grass and weeds on
vacant properties.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
In October 2023, the C ity C ouncil approved an ordinance relating to managed natural landscapes and a new
maintenance standard of grass height from 6" to 8" per new state statue taking effect J uly 1, 2023. Richfield C ity
C ode S ection 925.02 refers to the maintenance of vacant property and grass height no taller than 6". This
section was overlooked when the ordinance was amended.
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
The C ity of Richfield will need to amend current code to be in compliance with state law.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
C hapter 9 addresses public nuisances.
D .C R IT IC AL T IMIN G IS S U E S:
E .F IN AN C IAL IMPAC T:
F.L E GAL C ON S ID E R AT ION:
The C ity A ttorney has reviewed the proposed ordinance and approves of its contents.
ALT E R N AT IV E R E C OMME N D AT ION(S):
The C ity of Richfield will need to amend current city code to be in compliance with state law which took effect July 1,
2023.
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
AT TAC H ME N T S:
D escription Type
Vacant P roperty maintenance C over Memo
1
BILL NO. _____
AN ORDINANCE AMENDING SUBSECTION 925.02 OF THE RICHFIELD CODE OF
ORDINANCES RELATING TO REGULATION OF VACANT BUILDINGS
THE CITY OF RICHFIELD DOES ORDAIN:
Section. 1. Subsection 925.02 of the Richfield City Code is amended as follows:
925.02. – Registration and regulation of vacant buildings.
Subdivision 1. Policy. The purpose of this subsection is to protect the public health,
safety, and welfare by establishing a program for the identification and regulation of
vacant buildings within the City. Subsection 925.02 also determines the
responsibilities of owners of vacant buildings and provides for administration,
enforcement, and penalties associated with the same. (Added, Bill No. 2011 -11)
…
Subd. 8. Maintenance of vacant buildings. The owner must comply with and address
the following items in the property plan:
(j) Exterior maintenance. The owner must comply with all applicable property
maintenance regulations and City codes including, but not limited to, the following:
(1) Public nuisances. The owner must eliminate any activity on the property that
constitutes a public nuisance as defined by City code.
(2) Grass and weeds. Any weeds or grass must be no greater than eight (8) six
(6) inches in height.
Sec. 2. This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Adopted by the City Council of the City of Richfield on this ____ day of _________ 2024.
Mary Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
2
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.B.
STAFF RE P ORT NO. 72
CIT Y COUNCIL MEET ING
5/28/2024
RE P O RT P RE PA RE D B Y:Matt Hardegger, Transportation E ngineer
D E PA RTME NT D IRE C TO R RE V IE W:K ristin A sher, P ublic Works D irector
5/21/2024
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
5/22/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider adoption of a resolution accepting a Safe Routes to School Infrastructure grant from the
Minnesota Department of Transportation.
E X E C UT IV E S UM M ARY:
I n November 2023, Public Works applied for a Safe Routes to School I nfrastructure grant through the
Minnesota Department of Transportation and was notified in May 2024 that the grant application was
successful. The project will consist of roadway and active transportation improvements along 70th St from Elliot
Ave to 12th Ave. Final design will be informed by the 2023 demonstration project feedback and guided by the
City's public engagement process.
I n order to accept the grant funds, the City must enter into an agreement with MnD OT, which must be executed
prior to beginning work on the project. The grant funding must be expended in 2024-2025, therefore staff will
commence design work immediately upon execution of the agreement.
RE C O M M E ND E D AC T I O N:
By Motion: Adopt a resolution accepting a Safe Routes to School Infrastructure grant from the
Minnesota Department of Transportation.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
The 2023 omnibus transportation policy and finance bill included a $10.9 million appropriation for the 2023 S afe
Routes to S chool infrastructure solictiation.
Richfield and Richfield P ublic S chools have participated in a similar program in the past, with the 71st S treet
S idewalk project on the south side of the S TE M/RD L S campus having been funded under the 2021 solicitation
of this grant.
C rossing improvements at S TE M/RD L S were first identified in the 2014 S afe Routes to S chool P lan, and
concepts were refined during an engineering study of the site in 2021. These concepts were tested during a
2023 demonstration project using plastic bollards, paint, and temporary striping.
F eedback received during the demonstration project from survey respondents, parents, and faculty were
incorporated into the application for funding from MnD OT.
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
Equity: S TE M and RD L S both serve a diverse community:
S TE M has a student population that is 56% students of color, 76% who were previously eligible for
free/reduced price lunch, and 22% E nglish language learners.
RD L S has a student population that is 75% students of color, 87% who were previously eligible for
free/reduced price lunch, and 39% E nglish language learners.
W ithin 1/2 mile of the S TE M/RD L S campus, approximately 27% of households have access to 0 or 1
vehicle.
P roviding safe infrastructure for students to travel to school helps to remove a safety barrier that
disproportionately affects lower-income and B IP O C residents. A safe route to school helps remove some of the
stress burden affecting students and parents from traditionally underserved communities, potentially leading to
positive educational outcomes such as arriving safely, alert, and on time to school each day.
Strategic: P roviding infrastructure designed to make walking and bicycling to school safer and easier for
students creates city infrastructure that supports service needs and prioritizes climate resilience.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
Minnesota S tatutes, S ection 465.03 requires every acceptance of a grant or devise of real personal property on
terms prescribed by the donor be made by resolution by a two-thirds majority of the C ity C ouncil.
D .C R IT IC AL T IMIN G IS S U E S:
Official council acceptance of the grant award is required by MnD O T prior to commencing work on the project.
E .F IN AN C IAL IMPAC T:
Upon future completion of a grant agreement with MnD OT (typically following bidding and contract award),
Richfield will receive up to $586,225 to reimburse eligible project costs.
A ll design/engineering costs, construction administration costs, non-eligible construction expenses, and
eligible construction expenses above the maximum grant amount are the responsibility of the city.
C ombined costs for design, engineering, and construction administration are typically 20-25% of
estimated construction cost.
F.L E GAL C ON S ID E R AT ION:
ALT E R N AT IV E R E C OMME N D AT ION(S):
None
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
None
AT TAC H ME N T S:
D escription Type
2023 S RTS Infrastructure Grant P roject S election E xhibit
2023 S RTS Infrastructure Grant Resolution Resolution L etter
State Aid for Local Transportation
395 John Ireland Blvd., MS 500
St. Paul, MN 55155
Phone: 651‐366‐3800
1 of 2
May 14, 2024
Matt Hardegger
City of Richfield
6700 Portland Ave S
Richfield, MN 55423
Re: 2023 Safe Routes to School (SRTS) Infrastructure Program Project Selection
Dear Matt Hardegger,
Thank you for your application submittal under the 2023 Safe Routes to School (SRTS) Infrastructure Program.
The Cycle Track and Intersection Improvements along E 70th St project in the City of Richfield was selected for
SRTS Program funds appropriated by the legislature in 2023. We have identified up to $586,225.00 in SRTS
Infrastructure funds for this project.
Enclosed is a State Fund Grantee User Guide that provides a summary of the process for developing and
delivering a state grant bond or general funded project. Your first step will be to request a State Aid Project
(SAP) number for this project if you don’t already have one (or SP number if you also have federal funding).
Please work with your District State Aid Engineer (DSAE) on next steps and throughout the project development
process. Please email the SAP number to me immediately after it is issued and include it and the program (SRTS)
on all project correspondence.
Following are a few other important notes:
Items that are eligible for SRTS Infrastructure funds include reasonable elements associated with
crossing improvements, off‐street facilities, on‐street facilities, permanent traffic control devices (not
mobile), and in‐kind replacements, including basic landscaping and turf establishment. Landscaping
planters, benches, bike racks, decorative fences, ornamental lighting, and other aesthetic treatments
above the standard are generally not eligible. Other items that are not eligible include engineering,
construction administration and inspection, right of way acquisition, and water main, sanitary sewer, or
private utility work. Additionally, work on trunk highways or on trunk highway right of way is not
eligible.
Your agency will be required to execute a SRTS Infrastructure grant agreement prior to construction,
which includes certification of right of way ownership by the agency and a resolution agreeing to
finance any costs in excess of the grant amount before the grant can be authorized for reimbursement.
The plan and engineer’s estimate need to be developed with a separate column that identifies SRTS
Infrastructure participating items only. If more than one agency will ultimately own bond or general
funded improvements, there will need to be separate SRTS Infrastructure participating columns on the
Engineer’s Estimate for each agency. Additionally, if this is the case, separate SRTS Infrastructure grant
agreements will be required with each agency that will ultimately own bond or general funded
improvements.
Design standards:
o Work on State Aid routes are subject to State Aid standards
o Work on non‐state aid routes will need to adhere to design standards as identified in MnDOT
State Aid Rules, the American Association of State Highway and Transportation Official
2 of 2
(AASHTO) A Policy on Geometric Design of Highways and Streets, or other design standards as
identified by the DSAE. Please consult with your DSAE to determine the appropriate design
standards for your project.
The DSAE will need to review, approve, and sign plans prior to advertising the construction contract.
After DSAE plan approval, you will need a funding letter from the State Aid Programs office before
advertising the construction contract. The SRTS Infrastructure amount in the funding letter will be
based on a review of eligible items in the engineer’s estimate.
The State Aid Programs office will provide additional instructions for assembling and executing the
SRTS Infrastructure grant agreement as part of the delivery of the funding letter.
The final SRTS Infrastructure amount as included in one or more SRTS Infrastructure grant agreements
will be based on the low bid documents. The SRTS Infrastructure grant amount is typically capped.
The SRTS Infrastructure grant agreement should be fully executed before construction begins.
If you have questions, please contact Steven Prusak at steven.prusak@state.mn.us. I will be your main point of
contact for this SRTS Infrastructure grant selection.
Sincerely,
Steven Prusak, P.E.
State Aid Active Transportation Engineer
copy: Dan Erickson, Metro District State Aid Engineer
enclosure: State Fund Grantee User Guide
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD
TO ACCEPT A SAFE ROUTES TO SCHOOL
INFRASTRUCTURE GRANT FROM THE MINNESOTA
DEPARTMENT OF TRANSPORTATION
WHEREAS, the City Council of the City of Richfield is the official governing body
of the City of Richfield, Minnesota; and
WHEREAS, the City of Richfield, with the support of Richfield Public Schools,
has applied for the Minnesota Department of Transportation’s (MnDOT’s) Safe Routes
to School Infrastructure Funding solicitation, which is a competitive state funding
allocation process available to local governments, school districts, and other schools in
the state of Minnesota; and
WHEREAS, improved Safe Routes to School infrastructure will increase safety
and improve the experience of students traveling to and from these schools; and
WHEREAS, the City of Richfield invests in infrastructure to best serve today’s and
tomorrow’s residents, businesses and visitors; and
WHEREAS, the City of Richfield ensures that City services are accessible to
people of all races, ethnicities, incomes, and abilities; and
WHEREAS, the Minnesota Department of Transportation has awarded up to
$586,225 in grant funding for this project; and
WHEREAS, the City Council has determined that it is in the City’s best interests
to accept these services to construct Safe Routes to School infrastructure along E 70th
Street between Elliot Ave S and 12th Ave S; and
WHEREAS, construction is scheduled for 2025; and
WHEREAS, Minnesota Statutes, Section 465.03 requires every acceptance of a
grant or devise of real personal property on terms prescribed by the donor be made by
resolution by a two-thirds majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota that the Mayor and City Manager are hereby authorized and
directed to take any and all actions required to accept the grant services and materials
for and on behalf of the City.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of
May, 2024.
Mary Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.C.
STAFF RE P ORT NO. 73
CIT Y COUNCIL MEET ING
5/28/2024
RE P O RT P RE PA RE D B Y:Matt Hardegger, Transportation E ngineer
D E PA RTME NT D IRE C TO R RE V IE W:K ristin A sher, P ublic Works D irector
5/21/2024
O THE R D E PA RTM E NT RE V IE W:N/A
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
5/22/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the adoption of a resolution authorizing Cooperativ e Construction Agre ement No.
1055963 between the City of Richfield and the State of Minnesota Department of Transportation
(MnD O T) for construction of the Highway 62 Noise W all Project between Xerxes Ave and Penn Ave.
E X E C UT IV E S UM M ARY:
Cooperative Construction Agreement
The Cooperative Construction Agreement up for consideration is a routine agreement between the City and
MnD OT that sets out the terms, conditions and obligations of each party as it relates to the Highway 62 Noise
Wall project. Cooperative construction agreements are common when infrastructure projects involve multiple
agencies or jurisdictions. I n addition to the routine terms included in this cooperative agreement, the following
items are added as part of this specific project:
Neither the City nor the State will drain additional water into facilities constructed on this project without
first obtaining written permission.
Maintenance terms are outlined that include the City taking on vegetation control and graffiti removal on
the non-highway side of the noise wall.
Maintenance costs related to any municipal-owned utilities construction will be the City's responsibility,
without cost or expense to the State.
The City's share of cost will be 10% of the precast noise wall, TMS, and lighting construction cost, plus
an additional 8% of the total City share as a contribution to construction engineering cost.
Project Background
Richfield staff applied for MnD OT's Standalone Noise Wall solicitation program in December 2019 at two
locations along Highway 62. The project on the south side of Highway 62 from Xerxes Ave to Penn Ave was
selected for FY2025 during that solicitation. T he project will construct a roughly 2000 foot long concrete
noise wall for the length of the project and provide noise-dampening benefit to residents in the
neighborhood adjacent to the project.
RE C O M M E ND E D AC T I O N:
By Motion: Adopt the resolution authorizing Cooperative Construction Agreement No. 1055963
between the City of Richfield and MnD O T for construction of the Highway 62 Noise Wall project.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
S ee executive summary
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
E quity C onsiderations: Highway noise is a negative environmental impact for people who live near freeway
facilities. The census tract where this project is located is in the 93rd percentile nationally for traffic proximity and
volume per the federal C limate and E conomic J ustice S creening Tool. This project will close one of the few
remaining gaps in noise walls between residential areas of Richfield and the freeways that surround the
community.
S trategic C onsiderations: E ntering an agreement such as this is standard city business. This project was
proposed and awarded before the development of the Richfield S trategic P lan, but the project leverages outside
funding to sustainably fund infrastructure priorities and supports service needs by positively contributing to the
quality of life for residents in the vicinity.
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
Resolution No. 11683, dated 12/10/2019, was passed by the C ouncil in support of this project
application.
The construction of the Noise Wall by MnD O T is identified in the C ity's C apital Improvement P lan and 5-
Year S treet Reconstruction P lan.
The resolution authorizing execution of this agreement is required by MnD OT.
D .C R IT IC AL T IMIN G IS S U E S:
The advertisement for bids for the project was published by MnD O T on May 10, 2024.
This agreement with MnD O T must be signed by the C ity before bids can be opened on June 7, 2024.
E .F IN AN C IAL IMPAC T:
The C ity's cost share for this project is $619,874.38 to cover 10% of the construction costs and, with an
additional 8% of the construction costs being added as construction engineering costs. This cost will be covered
with funding from the C ity's Municipal S tate A id allotment.
F.L E GAL C ON S ID E R AT ION:
The C ity A ttorney has reviewed the agreement and will be available at the meeting to address any questions.
ALT E R N AT IV E R E C OMME N D AT ION(S):
None
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
None
AT TAC H ME N T S:
D escription Type
Resolution for A greement No 1055963 Resolution L etter
D ecember 2019 S tandalone Noise Wall A pplication B ackup Material
D ecember 2019 Resolution 11683 B ackup Material
C ooperative C onstruction A greement C ontract/A greement
RESOLUTION NO.
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE
MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT)
COOPERATIVE CONSTRUCTION AGREEMENT NO. 1055963
FOR CONSTRUCTION OF THE HIGHWAY 62 NOISE WALL PROJECT
STATE PROJECT NO. 2774-25 AND STATE AID PROJECT NO. 157-010-007.
BE IT RESOLVED, that the City of Richfield enter into MnDOT Agreement No.
1055963 with the State of Minnesota, Department of Transportation for the following
purposes:
To provide for payment by the City to the State of the City's share of the costs of the
precast noise wall, TMS, and lighting construction and other associated construction to be
performed upon, along, and adjacent to Trunk Highway No. 62 from Xerxes Avenue to
Russell Avenue, according to the State-prepared plans for State Aid Project No. 157-010-
007 and State Project No. 2774-28 (T.H. 62=005).
BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized
to execute the Agreement and any amendments to the Agreement.
Adopted by the City Council of the City of Richfield, Minnesota this 28th day of May,
2024.
Mary Supple, Mayor
ATTEST:
Kelly Wynn, Interim City Clerk
MnDOT Contract No: 1055963
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Receivable Standard (Cooperative Agreements)
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
AND
CITY OF RICHFIELD
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number (SP): 2774-28
Trunk Highway Number (TH): 62=005
State Aid Project Number (SAP): 157-010-007
Lighting System Feed Point: RO2P
Estimated Amount Receivable
$619,874.38
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), and
the City of Richfield, acting through its City Council ("City").
Recitals
1. The State will perform precast concrete noise wall, TMS, and lighting construction and other associated
construction upon, along, and adjacent to Trunk Highway No. 62 from Xerxes Avenue South to 0.08 miles
west of Penn Avenue South according to State-prepared plans, specifications, and special provisions
designated by the City and the State as State Aid Project No. 157-010-007 and by the State as State Project
No. 2774-28 (TH 62=005) ("Project"); and
2. The City will participate in the costs of the precast concrete noise wall, TMS, and lighting construction and
associated construction engineering; and
3. Minnesota Statutes § 161.45, subdivision 2, allows for City-owned utility relocation to be included in a State
construction contract, and payment by the City for such relocation according to applicable statutes and rules
for utilities on trunk highways; and
4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining, and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 3. Maintenance by the City; 8. Liability; Worker
Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction;
Venue; and 14. Force Majeure.
1.4. Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by
the City and the State as State Aid Project No. 157-010-007 and by the State as State
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Receivable Standard (Cooperative Agreements)
Project No. 2774-28 (TH 62=005) are on file in the office of the Commissioner of Transportation at St. Paul,
Minnesota, and incorporated into this Agreement by reference ("Project Plans").
1.5. Exhibits. The Preliminary Schedule "I" is on file in the office of the City Manager and attached and
incorporated into this Agreement.
2. Construction by the State
2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest
responsible bidder according to the Project Plans.
2.2. Direction, Supervision, and Inspection of Construction.
A. Supervision and Inspection by the State. The State will direct and supervise all construction activities
performed under the construction contract and perform all construction engineering and inspection
functions in connection with the contract construction. All contract construction will be performed
according to the Project Plans.
B. Inspection by the City. The City participation construction covered under this Agreement will be open
to inspection by the City. If the City believes the City participation construction covered under this
Agreement has not been properly performed or that the construction is defective, the City will inform
the State District Engineer's authorized representative in writing of those defects. Any
recommendations made by the City are not binding on the State. The State will have the exclusive right
to determine whether the State's contractor has satisfactorily performed the City participation
construction covered under this Agreement.
2.3. Plan Changes, Additional Construction, Etc.
A. The State may make changes in the Project Plans and contract construction, which may include the City
participation construction covered under this Agreement and will enter into any necessary addenda
and change orders with the State's contractor that are necessary to cause the contract construction to
be performed and completed in a satisfactory manner. The State District Engineer's authorized
representative will inform the appropriate City official of any proposed addenda and change orders to
the construction contract that will affect the City participation construction covered under this
Agreement.
B. The City may request additional work or changes to the work in the plans as part of the construction
contract. Such request will be made by an exchange of letter(s) with the State. If the State determines
that the requested additional work or plan changes are necessary or desirable and can be
accommodated without undue disruption to the Project, the State will cause the additional work or
plan changes to be made.
2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause
the construction contract to be completed in a satisfactory manner.
2.5. Permits. The City will submit to the State's Utility Engineer an original permit application for all utilities
owned by the City to be constructed hereunder that are upon and within the Trunk Highway Right-of-Way.
Applications for permits will be made on State form "Application for Utility Permit on Trunk Highway
Right-of-Way" (Form 2525).
2.6. Utility Adjustments. Adjustments to certain City-owned facilities, including but not limited to, valve boxes
and frame and ring castings, may be performed by the State's contractor under the construction contract.
The City will furnish the contractor with new units and/or parts for those in place City-owned facilities
MnDOT Contract No: 1055963
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when replacements are required and not covered by a contract pay item, without cost or expense to the
State or the contractor, except for replacement of units and/or parts broken or damaged by the
contractor.
3. Maintenance by the City
Upon completion of the Project, the City will provide the following without cost or expense to the State:
3.1. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to
the State.
3.2. Noise Walls. Maintenance of the non-highway side of any noise wall construction. Maintenance includes
vegetation control, graffiti removal on the non-highway side, and any other maintenance activities
necessary to perpetuate the walls in a safe, usable, and aesthetically acceptable condition.
3.3. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm
sewer facilities constructed under the construction contract that was not included in the drainage for
which the storm sewer facilities were designed, without first obtaining written permission to do so from
the other party.
4. Basis of City Cost
4.1. Schedule "I". The Preliminary Schedule "I" includes anticipated City participation construction items and
the construction engineering cost share covered under this Agreement and is based on engineer's
estimated unit prices.
4.2. City Participation Construction. The City will participate in the following at the percentages indicated. The
construction includes the City's proportionate share of item costs for mobilization and Traffic Control.
A. 10 Percent will be the City's rate of cost participation in all of the precast concrete noise wall, TMS, and
lighting construction. The construction includes, but is not limited to, those construction items
tabulated on Sheet No. 2 through No. 4 of the Preliminary Schedule "I".
4.3. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of
the total City participation construction covered under this Agreement.
4.4. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract
addenda and change orders that are necessary to complete the City participation construction covered
under this Agreement, including any City requested additional work and plan changes.
The State reserves the right to invoice the City for the cost of any additional City requested work and plan
changes, construction contract addenda, change orders, and associated construction engineering before
the completion of the contract construction.
4.5. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the
construction contract will result in a credit shared by each party in the same proportion as their total
construction cost share covered under this Agreement is to the total contract construction cost before any
deduction for liquidated damages.
5. City Cost and Payment by the City
5.1. City Cost. $619,874.38 is the City's estimated share of the costs of the contract construction and the 8
percent construction engineering cost share as shown in the Preliminary Schedule "I". The Preliminary
Schedule "I" was prepared using anticipated construction items and estimated quantities and unit prices
and may include any credits or lump sum costs. Upon award of the construction contract, the State will
MnDOT Contract No: 1055963
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Receivable Standard (Cooperative Agreements)
prepare a Revised Schedule "I" based on construction contract construction items, quantities, and unit
prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement.
5.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction
engineering cost share, as shown in the Revised Schedule "I", after the following conditions have been
met:
A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I".
B. The City's receipt of a written request from the State for the advancement of funds.
5.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount
due from the City will be final, binding, and conclusive. Acceptance by the State of the completed contract
construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the
contract construction.
5.4. Final Payment by the City. Upon completion of all contract construction and upon computation of the final
amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the
City. The Final Schedule "I" will be based on final quantities and include all City participation construction
items and the construction engineering cost share covered under this Agreement. If the final cost of the
City participation construction exceeds the amount of funds advanced by the City, the City will pay the
difference to the State without interest. If the final cost of the City participation construction is less than
the amount of funds advanced by the City, the State will refund the difference to the City without interest.
The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota
Statutes § 15.415.
6. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
6.1. The State's Authorized Representative will be:
Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155
Telephone: (651) 366-4634
E-Mail: malaki.ruranika@state.mn.us
6.2. The City's Authorized Representative will be:
Name, Title: Katie Rodriguez, City Manager (or successor)
Address: 6700 Portland Avenue South, Richfield, MN 55423
Telephone: (612) 861-9702
E-Mail: krodriguez@richfieldmn.gov
7. Assignment; Amendments; Waiver; Contract Complete
7.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office. The foregoing does not
prohibit the City from contracting with a third-party to perform City maintenance responsibilities covered
under this Agreement.
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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 a party fails to enforce any provision of this Agreement, that failure does not waive the
provision or the party's right to subsequently enforce it.
7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
8. Liability; Worker Compensation Claims
8.1. Each party is responsible for its own acts, omissions, and the results thereof to the extent authorized by
law and will not be responsible for the acts, omissions of others, and the results thereof. Minnesota
Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and
other applicable law govern liability of the City.
8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
9. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
10. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, accounting procedures,
and practices relevant to this Agreement are subject to examination by the State and the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
11. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil
remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the
City or the State.
12. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
13. Termination; Suspension
13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.
13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued
at a level sufficient to allow for the performance of contract construction under the Project. Termination
must be by written or fax notice to the City.
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13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this
Agreement and all work, activities and performance of work authorized through this Agreement.
14. Force Majeure
No party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
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MnDOT Contract No: 1055963
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Receivable Standard (Cooperative Agreements)
CITY OF RICHFIELD
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
(State Design Engineer)
Date:
COMMISSIONER OF ADMINISTRATION
By:
(With Delegated Authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION.
PRELIMINARY SCHEDULE "I"
Agreement No. 1055963
City of Richfield
SP 2774-28 (TH 62=005) Preliminary: May 13, 2024
SAP 157-010-007
State Funds
Precast concrete noise wall, TMS, and lighting construction to start approximately April 2025 under
State Contract No. ____ with ____
located on Trunk Highway No. 62 from Xerxes Avenue South to 0.08 miles west of Penn Avenue South
CITY COST PARTICIPATION
SAP 157-010-007 Work Items From Sheet No. 4 573,957.76
Construction Engineering (8%) 45,916.62
(1)Total City Cost $619,874.38
(1) Amount of advance payment as described in Article 5 of the Agreement
Data is considered Non-public prior to project award under the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 1 -
1055963(1) 100% CITY
(P) = PLAN QUANTITY
ITEM SP 2774-28 AND SAP 157-010-007 UNIT QUANTITY UNIT PRICE COST
NUMBER WORK ITEM (1)
2011.601 CONSTRUCTION SURVEYING LUMP SUM 1.00 41,007.75 41,007.75
2011.601 AS BUILT LUMP SUM 1.00 2,089.71 2,089.71
2021.501 MOBILIZATION LUMP SUM 0.99 267,000.00 264,330.00
2101.502 MAINT AND RESTORATION OF HAUL ROADS LUMP SUM 1.00 2,500.00 2,500.00
2101.502 CLEARING EACH 6.00 433.30 2,599.78
2101.502 GRUBBING EACH 6.00 263.46 1,580.73
2101.505 CLEARING ACRE 0.01 11,345.18 113.45
2101.505 GRUBBING ACRE 0.01 8,093.46 80.93
2104.502 REMOVE ANCHORAGE ASSEMBLY-PLATE BEAM EACH 1.00 390.38 390.38
2104.502 REMOVE UTILITY VAULT EACH 1.00 462.88 462.88
2104.502 REMOVE DRAINAGE STRUCTURE EACH 4.00 772.13 3,088.53
2104.502 REMOVE CABINET FOUNDATION EACH 1.00 751.05 751.05
2104.502 REMOVE RAMP CONTROL SIGNAL FOUNDATION EACH 1.00 561.75 561.75
2104.502 REMOVE SIGN EACH 10.00 672.64 6,726.40
2104.502 REMOVE OVERHEAD SIGN EACH 1.00 7,644.95 7,644.95
2104.502 REMOVE HANDHOLE EACH 5.00 284.03 1,420.15
2104.502 REMOVE ENERGY ABSORBING TERMINAL EACH 1.00 523.59 523.59
2104.502 SALVAGE RAMP CONTROL SIGNAL EACH 1.00 230.32 230.32
2104.502 SALVAGE CABINET EACH 1.00 281.70 281.70
2104.502 SALVAGE SIGN EACH 5.00 321.43 1,607.15
2104.502 SALVAGE EXTRUDED SIGN PANEL EACH 2.00 931.88 1,863.76
2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH) LIN FT 2,139.00 4.00 8,559.85
2104.503 REMOVE CURB AND GUTTER LIN FT 2,110.00 5.45 11,491.69
2104.503 REMOVE CHAIN LINK FENCE LIN FT 2,182.00 7.65 16,693.39
2104.503 REMOVE GUARDRAIL-PLATE BEAM LIN FT 1,052.00 8.03 8,442.30
2104.504 REMOVE PAVEMENT SQ YD 713.00 26.75 19,072.75
2104.601 REMOVE CABLES LUMP SUM 1.00 4,259.41 4,259.41
2106.507 EXCAVATION - COMMON (P) CU YD 805.00 48.15 38,760.75
2106.507 COMMON EMBANKMENT (CV) (P) CU YD 345.00 18.05 6,227.56
2211.507 AGGREGATE BASE (CV) CLASS 6 (P) CU YD 238.00 59.92 14,260.96
2331.603 JOINT ADHESIVE LIN FT 4,250.00 1.07 4,547.50
2360.509 TYPE SP 12.5 WEARING COURSE MIXTURE (4,E) TON 567.00 107.00 60,669.00
2411.502 CONCRETE INLET PAD EACH 4.00 1,828.72 7,314.86
2411.618 CONCRETE NOISE WALL SQ FT 47,278.00 96.30 4,552,871.40
Data is considered Non-public prior to project award under the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 2 -
1055963(1) 100% CITY
ITEM SP 2774-28 AND SAP 157-010-007 UNIT QUANTITY UNIT PRICE COST
NUMBER WORK ITEM (1)
2503.503 15" RC PIPE SEWER DESIGN 3006 CLASS III LIN FT 44.00 90.88 3,998.50
2503.602 CONNECT TO EXISTING STORM SEWER EACH 6.00 1,649.49 9,896.94
2506.502 CASTING ASSEMBLY EACH 5.00 1,060.02 5,300.08
2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN SD-48 LIN FT 7.90 830.28 6,559.19
2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 LIN FT 12.40 819.88 10,166.47
2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-4020 LIN FT 4.90 1,509.04 7,394.31
2521.518 6" CONCRETE WALK SQ FT 3,064.00 9.10 27,867.08
2531.503 CONCRETE CURB AND GUTTER DESIGN SPECIAL LIN FT 1,868.00 21.40 39,975.20
2531.503 CONCRETE CURB AND GUTTER DESIGN D418 LIN FT 298.00 42.80 12,754.40
2533.503 PORTABLE PRECAST CONCRETE BARRIER DESIGN 8337 LIN FT 1,350.00 23.14 31,239.00
2545.501 LIGHTING SYSTEM LUMP SUM 1.00 80,250.00 80,250.00
2550.502 CABINET FOUNDATION EACH 1.00 2,205.66 2,205.66
2550.502 RAMP CONTROL SIGNAL FOUNDATION EACH 1.00 954.98 954.98
2550.502 FIBEROPTIC SPLICE VAULT EACH 1.00 4,752.17 4,752.17
2550.502 INSTALL CABINET EACH 1.00 851.85 851.85
2550.503 1.5" NON-METALLIC CONDUIT LIN FT 2,780.00 3.20 8,896.00
2550.503 2" NON-METAL CONDUIT LIN FT 620.00 5.67 3,515.40
2550.503 POWER CABLE 1 CONDUCTOR NO 6 LIN FT 480.00 1.72 825.60
2550.503 SIGNAL CONTROL CABLE 6 COND NO 14 LIN FT 2,240.00 2.83 6,339.20
2550.503 LEAD-IN CABLE 2 CONDUCTOR NO 14 LIN FT 2,050.00 1.37 2,808.50
2550.601 FIBER OPTIC CABLE TESTING LUMP SUM 1.00 11,235.00 11,235.00
2550.602 OUTDOOR FIBER SPLICE ENCLOUSURE EACH 1.00 1,696.07 1,696.07
2550.602 FIBER OPTIC PIGTAIL TERMINATION EACH 4.00 1,075.00 4,300.00
2550.602 FIBER OPTIC CABLE SPLICING EACH 2.00 1,587.35 3,174.70
2550.602 BURIED CABLE SIGN EACH 10.00 128.44 1,284.40
2550.602 INSTALL RAMP CONTROL SIGNAL EACH 1.00 342.67 342.67
2550.602 PULL VAULT EACH 5.00 1,448.18 7,240.90
2550.602 NON-INTRUSIVE DETECTION POST EACH 4.00 525.53 2,102.12
2550.602 SERVICE CABINET TYPE SPECIAL EACH 1.00 2,967.00 2,967.00
2550.603 ARMORED FIBER OPTIC CABLE 6SM LIN FT 750.00 2.81 2,107.50
2550.603 REROUTE CABLE LIN FT 450.00 5.34 2,403.00
2550.603 FIBER OPTIC TRUNK CABLE 72SM LIN FT 2,706.00 2.27 6,142.62
2550.603 1.5" BORED CONDUIT LIN FT 470.00 14.02 6,589.40
2554.615 IMPACT ATTENUATOR ASSEMBLY 1.00 46,323.31 46,323.31
Data is considered Non-public prior to project award under the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 3 -
1055963(1) 100% CITY
(P) = PLAN QUANTITY
ITEM SP 2774-28 AND SAP 157-010-007 UNIT QUANTITY UNIT PRICE COST
NUMBER WORK ITEM (1)
2557.502 ELECTRICAL GROUND EACH 2.00 50.00 100.00
2557.503 WIRE FENCE DESIGN 48V-9322 LIN FT 11.00 160.50 1,765.50
2563.601 TRAFFIC CONTROL LUMP SUM 0.99 127,000.00 125,730.00
2563.602 PORTABLE BARRIER DELINEATOR EACH 54.00 9.00 486.00
2563.615 TEMPORARY IMPACT ATTENUATOR ASSEMBLY 1.00 3,532.56 3,532.56
2564.502 INSTALL EXTRUDED SIGN PANEL EACH 2.00 703.50 1,407.00
2564.502 INSTALL SIGN EACH 5.00 444.50 2,222.50
2564.502 DELINEATOR/MARKER PANEL EACH 1.00 117.15 117.15
2564.607 CONCRETE FOOTING (OVERHEAD SHAFT) CU YD 18.00 2,600.00 46,800.00
2564.608 STRUCTURAL STEEL - OVERHEAD SIGN POST (P) POUND 6,374.00 4.54 28,937.96
2564.608 STRUCTURAL STEEL - OVERHEAD SIGN TRUSS (P) POUND 7,448.00 3.56 26,514.88
2564.608 STRUCTURAL STEEL - PANEL MOUNTING POST (P) POUND 576.00 7.26 4,181.76
2564.618 SIGN SQ FT 58.00 64.33 3,731.14
2564.618 SIGN PANEL OVERLAY SQ FT 112.00 32.74 3,666.88
2564.618 EXTRUDED PANEL SQ FT 112.00 25.30 2,833.60
2573.501 STABILIZED CONSTRUCTION EXIT LUMP SUM 1.00 10,700.00 10,700.00
2573.502 STORM DRAIN INLET PROTECTION EACH 12.00 189.42 2,273.07
2573.503 SEDIMENT CONTROL LOG TYPE COMPOST LIN FT 2,755.00 3.21 8,843.55
2574.505 SUBSOILING (P) ACRE 0.50 238.58 119.29
2574.505 SOIL BED PREPARATION (P) ACRE 0.50 189.95 94.97
2574.508 FERTILIZER TYPE 3 POUND 168.00 0.93 156.39
2575.504 ROLLED EROSION PREVENTION CATEGORY 25 SQ YD 2,317.00 1.42 3,297.32
2575.505 SEEDING (P) ACRE 0.50 323.24 161.62
2575.505 WEED SPRAYING ACRE 0.20 201.42 40.28
2575.506 WEED SPRAY MIXTURE GALLON 0.30 91.92 27.58
2575.507 MULCH MATERIAL TYPE 9 CU YD 9.00 99.43 894.87
2575.508 SEED MIXTURE 25-141 POUND 28.00 5.81 162.68
2581.618 REMOVEABLE PREFORMED PLASTIC MASK (BLACK) SQ FT 66.00 6.33 417.78
2582.503 4" SOLID LINE MULTI-COMPONENT LIN FT 2,150.00 1.34 2,875.63
TOTAL $5,739,577.59
(1) 90% STATE COST $5,165,619.83
10% CITY COST $573,957.76
Data is considered Non-public prior to project award under the
Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 4 -
CITY OF RICHFIELD
RESOLUTION
IT IS RESOLVED that the City of Richfield enter into MnDOT Agreement No. 1055963 with the State of Minnesota,
Department of Transportation for the following purposes:
To provide for payment by the City to the State of the City's share of the costs of the precast concrete noise wall,
TMS, and lighting construction and other associated construction to be performed upon, along, and adjacent to
Trunk Highway No. 62 from Xerxes Avenue South to 0.08 miles west of Penn Avenue South within the corporate City
limits under State Aid Project No. 157-010-007 and State Project No. 2774-28 (TH 62=005).
IT IS FURTHER RESOLVED that the Mayor and the
(Title)
are authorized to execute the Agreement and any amendments to the Agreement.
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of
Richfield at an authorized meeting held on the day of
, 2024, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to me this
day of , 2024
Notary Public
My Commission Expires
(Signature)
(Type or Print Name)
(Title)
AGENDA SECTION:CONSENT CALENDAR
AGENDA ITEM #3.D.
STAFF RE P ORT NO. 74
CIT Y COUNCIL MEET ING
5/28/2024
RE P O RT P RE PA RE D B Y:Jay Henthorne, D irector of P ublic S afety/C hief of P olice
D E PA RTME NT D IRE C TO R RE V IE W:Jay Henthorne, D irector of P ublic S afety/C hief of P olice
5/22/2024
O THE R D E PA RTM E NT RE V IE W:
C ITY MA NA G E R RE V IE W: K atie Rodriguez, C ity Manager
5/22/2024
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider the Joint Powers Agreement to enable Richfield to provide an alternative response for
selective 911 calls in a manner that most effectively and efficiently supports and protects the physical,
mental and behavioral health of individuals in the Cities of Richfield and Edina.
E X E C UT IV E S UM M ARY:
The Richfield Department of Public Safety currently has two embedded social workers. This J oint Powers
Agreement enables Richfield to provide an alternative response for selective 911 calls in a manner that most
effectively and efficiently supports and protects the physical, mental and behavioral health of individuals in
Cities of Richfield and Edina.
RE C O M M E ND E D AC T I O N:
By motion approve the Joint Powers Agreement enables Richfield to provide an alternative response
for selective 911 calls in a matter that most effectively and efficiently supports and protects the
physical, mental and behavioral health of individuals in the Cities of Richfield and Edina.
B AS IS O F RE C O M M E ND AT I O N:
A .H IS TOR IC AL C ON T E X T
The Richfield D epartment of P ublic S afety has had two embedded social workers for the past year. One of the
embedded social workers would be assigned to the alternative response team along with an E dina P aramedic.
This is a project the two C ities have working on for over the last year.
B .E QU ITAB L E OR S T R AT E GIC C ON S ID E R AT ION S OR IMPAC T S
C .P OL IC IE S (resolutions, ordinances, regulations, statutes, exc):
D .C R IT IC AL T IMIN G IS S U E S:
This J PA was signed by the C ity of E dina on May 21, 2024. In order to move through the continued development
of the program we will need to move forward.
E .F IN AN C IAL IMPAC T:
The cost for the alternative response team social worker did not change from our embedded social worker J PA .
The C ity of Richfield will be paying for the embedded social worker while the C ity of E dina will be paying for the
paramedic.
F.L E GAL C ON S ID E R AT ION:
The C ity attorney has reviewed this joint powers agreement.
ALT E R N AT IV E R E C OMME N D AT ION(S):
None
P R IN C IPAL PAR T IE S E X P E C T E D AT ME E T IN G:
AT TAC H ME N T S:
D escription Type
J PA C ontract/A greement
Contract #A2412190
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230565v1
JOINT POWERS AGREEMENT
BETWEEN HENNEPIN COUNTY,
CITY OF EDINA, AND CITY OF RICHFIELD
This Joint Powers Agreement (“Agreement”) is made and entered into by and between the County
of Hennepin, Minnesota (“COUNTY”) on behalf of its Human Services and Public Health
Department (“HSPHD”) 300 South Sixth Street, Minneapolis, Minnesota 55487; City of Edina
(“EDINA”), 4801 West 50th Street, Edina, Minnesota 55424; on behalf of its Police, Fire and 911
Dispatch departments; and City of Richfield (“RICHFIELD”), 6700 Portland Avenue, Richfield,
Minnesota 55423, on behalf of its Police and Fire departments, and pursuant to the authority
conferred upon them by Minn. Stat. § 471.59. EDINA’s 911 Dispatch department may be referred
to as “DISPATCH”. EDINA and RICHFIELD may be collectively referred to as “CITIES”.
CITIES’ Police departments may be collectively be referred to as “POLICE DEPARTMENTS”
and CITIES’ Fire departments may be collectively referred to as “FIRE DEPARTMENTS”.
POLICE DEPARTMENTS together with FIRE DEPARTMENTS and DISPATCH may
collectively be referred to as “DEPARTMENTS”. The parties to this Agreement may also be
referred to individually as “Party” and collectively as “Parties”.
WHEREAS, COUNTY is a political subdivision of the State of Minnesota and its Human
Services and Public Health Department are empowered to provide general and emergency public
services, including response to non-emergency calls, (“911 call(s)”) that support and protect the
physical, mental and behavioral health of individuals in Hennepin County; and
WHEREAS, EDINA and RICHFIELD are a municipal corporations organized under the
laws of the State of Minnesota and their DEPARTMENTS are empowered to provide general and
emergency public services in a manner that supports and protects the physical, mental and
behavioral health of individuals in Hennepin County; and
WHEREAS, the Parties desire to pilot a new alternative response to low-risk 911 calls
related to mental/behavioral health, substance use, and/or low level crime in a manner that most
effectively and efficiently supports and protects the physical, mental and behavioral health of
individuals in Hennepin County, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and benefits realized by
each Party, the Parties agree as follows:
1. PURPOSE
The purpose of this Agreement is to enable CITIES to provide an alternative response for select
911 calls in a manner that most effectively and efficiently supports and protects the physical,
mental, and behavioral health of individuals in Hennepin County as detailed herein, and for
DEPARTMENTS to secure such services from COUNTY and to establish the terms on which
such services shall be provided.
2. PROJECT/PROGRAM
A. The Parties shall cooperate and collaborate to develop and perform services associated with
the Alternative Response Team (“ART”) Pilot Program (the “Program”), as further
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described and outlined herein, including but not limited to in Exhibit A: Description of
Services.
B. The Parties shall perform at all times in accordance with the provisions herein, including
but not limited to the data provisions.
3. TERM OF THE AGREEMENT
The term of this Agreement shall be from May 1, 2024, through December 31, 2025, unless
terminated earlier in accordance with the provisions of this Agreement.
4. PAYMENT
A. In accordance with the provisions herein, RICHFIELD shall pay COUNTY as follows
for one (1.0) Full-Time Equivalent (FTE) Social Worker (“SW”), as that term is defined
in Exhibit A, employed by COUNTY.
1. For the period May1, 2024, through December 31, 2024, RICHFIELD shall pay
COUNTY Forty-Eight Thousand Four Hundred Seventy-One dollars ($48,471).
2. For the period of January 1, 2025, through December 31, 2025, RICHFIELD shall
pay COUNTY Seventy-Two Thousand Seven Hundred Six dollars ($72,706).
B. Any Party designated to receive payment hereunder shall submit an invoice to the
indicated Party on a quarterly basis for the applicable payment portion. In the event an
indicated position is not staffed for a portion of the billing cycle, the payment shall be
prorated accordingly.
C. Parties will make payment within thirty-five (35) days from receipt of the invoice. If the
invoice is incorrect, defective, or otherwise improper, the Party will notify the applicable
Party. Upon receiving the corrected invoice, the Party will make payment within thirty-
five (35) days.
D. RICHFIELD will provide 1.0 SW FTE for the program.
E. EDINA will provide 1.0 FTE Emergency Medical Technician (“EMT”).
F. POLICE DEPARTMENTS will provide the office space.
G. EDINA will provide a vehicle for the program.
5. LIABILITY AND NOTICE
A. Each Party shall be liable for its own acts and the results thereof to the extent provided by
law and, further, each Party shall defend, indemnify, and hold harmless each other
(including their present and former officials, officers, agents, employees, volunteers, and
subcontractors), from any liability, claims, causes of action, judgments, damages, losses,
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costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly
from any act or omission of the indemnifying Party, anyone directly or indirectly employed
by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance
or failure to perform its obligations under this Agreement. The provisions of applicable
law, including but not limited to Minnesota Statutes, Chapter 466, shall apply to claims
brought against COUNTY and/or CITIES as a result of this Agreement or performance
hereunder.
B. To the fullest extent permitted by law, action by the Parties to this Agreement is intended
to be and shall be construed as a “cooperative activity” and it is the intent of the Parties
that they shall be a deemed a “single governmental unit” for the purposes of liability, as
set forth in Minnesota Statutes, section 471.59, subdivision 1a(a), provided further that
for purposes of that statute, each Party to this Agreement expressly declines
responsibility for the acts or omissions of the other Party to this Agreement except to the
extent they have agreed in writing to be responsible for the acts or omissions of the other
Party. The total liability for the Parties shall not be added together to exceed the limits on
governmental liability for a single governmental unit.
C. Each Party shall promptly notify the other parties of any actual or suspected claim, action,
cause of action, administrative action, criminal arrest, criminal charge, or litigation brought
against the Party, its present and former officials, officers, agents, employees, volunteers,
and subcontractors which arises out of services provided under this Agreement.
6. INSURANCE
Each party warrants that it has a purchased insurance or utilizes a self-insurance program
sufficient to meet its liability obligations and, at a minimum, to meet the maximum liability
limits of Minnesota Statutes Chapter 466. This provision shall not be construed as a waiver
of any immunity from liability under Chapter 466 or any other applicable law.
7. INDEPENDENT PARTIES
Notwithstanding any other formal, written agreements or contracts which may exist between
COUNTY and CITIES, nothing is intended or should be construed in any manner as creating
or establishing the relationship of partners between the Parties hereto or as constituting either
Party as the agent, representative, or employee of the other for any purpose or in any manner
whatsoever. Each Party is to be and shall remain an independent contractor with respect to all
services performed under this Agreement. Each Party will secure at its own expense all
personnel required in performing services under this Agreement. Any personnel of a Party or
other persons engaged in the performance of any work or services required by that Party shall
have no contractual relationship with any other Party and will not be considered employees of
another Party. No Party shall be responsible for any claims related to or on behalf of another
Party’s personnel, including without limitation, claims that arise out of employment or alleged
employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter
268) or the Minnesota Workers' Compensation Act (Minnesota Statutes Chapter 176), or
claims of discrimination arising out of state, local, or federal law, against a Party, its officers,
agents, contractors, or employees. Such personnel or other persons shall neither require nor
be entitled to any compensation, rights, or benefits of any kind from another Party, including,
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without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers'
compensation, unemployment compensation, disability, severance pay, and retirement
benefits.
8. NONDISCRIMINATION
In accordance with COUNTY’s policies against discrimination, the Parties shall not exclude any
person from full employment rights or participation in, or the benefits of, any program, service or
activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual
orientation, public assistance status, or national origin; and no person who is protected by
applicable federal or state laws against discrimination shall be otherwise subjected to
discrimination.
9. NO THIRD PARTY BENEFICIARY
Except as herein specifically provided, no other person, customer, employee, or invitee of the
Parties or any other third party shall be deemed to be a third party beneficiary of any of the
provisions herein.
10. DATA
The Parties, including their officers, agents, owners, partners, employees, volunteers and
subcontractors, shall abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, and all other applicable state and federal law, rules, regulations
and orders relating to data privacy, confidentiality, disclosure of information, medical records
or other health and enrollment information, and as any of the same may be amended, as well
as the data and data sharing provisions set forth in Exhibits A and B. The terms of this
paragraph shall survive the cancellation or termination of this Agreement.
11. RECORDS – AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, the Parties, the State
Auditor, Legislative Auditor, or any of their authorized representatives, at any time during
normal business hours, and as often as they may reasonably deem necessary, shall have access
to and the right to examine, audit, excerpt, and transcribe any books, documents, papers,
records, etc., of the Parties which are pertinent to the accounting practices and procedures of
the Parties and involve transactions relating to this Agreement. The Parties shall maintain
these materials and allow access during the period of this Agreement and for six (6) years after
its expiration, cancellation or termination.
12. MERGER, MODIFICATION, AND SEVERABILITY
A. The entire understanding between the Parties is contained herein and supersedes all oral
agreements and negotiations between the Parties relating to the subject matter. All items
that are referenced or that are attached are incorporated and made a part of this Agreement.
If there is any conflict between the terms of this Agreement and referenced or attached
items, the terms of this Agreement shall prevail.
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B. Any alterations, variations or modifications of the provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement signed
by the Parties. Except as expressly provided, the substantive legal terms contained in this
Agreement including but not limited to Indemnification; Liability and Notice; Merger,
Modification and Severability; Default and Cancellation/Termination or Minnesota Law
Governs may not be altered, varied, modified or waived by any change order,
implementation plan, scope of work, development specification or other development
process or document.
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining
provisions will not be affected.
13. DEFAULT AND CANCELLATION/TERMINATION
A. If any Party fails to perform any of the provisions of this Agreement, fails to administer
the work so as to endanger the performance of the Agreement or otherwise breaches or
fails to comply with any of the terms of this Agreement, and such failure is not cured within
thirty (30) days of written notice, it shall be in default. Unless the Party’s default is excused
in writing by both non-defaulting Parties, either non-defaulting Party may upon written
notice immediately cancel or terminate this Agreement in its entirety.
B. This Agreement may be canceled/terminated with or without cause by any Party upon thirty
(30) days written notice. Upon cancellation/termination, property or surplus money, if any,
acquired as a result of the operation of this Agreement shall be distributed to the Parties in
proportion to contributions of the Parties.
C. Any Party’s failure to insist upon strict performance of any provision or to exercise any
right under this Agreement shall not be deemed a relinquishment or waiver of the same,
unless consented to in writing. Such consent shall not constitute a general waiver or
relinquishment throughout the entire term of the Agreement.
D. The express remedies herein shall be in addition to any other right or remedy available to
any Party under this Agreement, law, statute, rule, and/or equity.
14. NOTICES
Unless the Parties otherwise agree in writing, any notice or demand which must be given or
made by a Party under this Agreement or any statute or ordinance shall be in writing and shall
be sent registered or certified mail. Notices to COUNTY shall be sent to the County
Administrator at the address given in the opening paragraph of this Agreement with copies to
HSPHD as detailed below. Notices to DEPARTMENTS shall be sent to the address stated in
the opening paragraph of this Agreement with a copy to POLICE DEPARTMENTS and to
FIRE DEPARTMENTS as detailed below.
HSPHD:
Leah Kaiser
Director of Behavioral Health
Hennepin County Human Services and Public Health Department
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300 South 6th Street
Minneapolis, Minnesota 55487
EDINA:
Todd Milburn
Chief of Police
Edina Police Department
4801 West 50th Street
Edina, Minnesota 55424
tmilburn@edinamn.gov
Andrew Slama
Edina Fire Chief
Edina Fire Department
6250 Tracy Ave
Edina, MN 55436
aslama@edinamn.gov
RICHFIELD:
Jay Henthorne
Director of Public Safety/Chief of Police
Richfield Police Department
6700 Portland Avenue
Richfield, Minnesota 55423
Mike Dobesh
Fire Chief
City of Richfield
6700 Portland Avenue
Richfield, Minnesota 55423
15. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or termination of
this Agreement do survive such term, cancellation or termination. Such provisions include but
are not limited to: INDEPENDENT PARTIES; LIABILITY AND NOTICE; INSURANCE;
DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND
CANCELLATION/TERMINATION; MARKETING AND PROMOTIONAL
LITERATURE; and MINNESOTA LAW GOVERNS.
16. MARKETING AND PROMOTIONAL LITERATURE
CITIES and COUNTY agree that the terms, “City of Edina” “City of Richfield”, “Edina Fire”,
“Edina Police”, “Richfield Fire”, “Richfield Police”, “Hennepin County”, “Hennepin County
Human Services and Public Health Department” and the name of any elected official, or any
derivatives thereof, shall not be utilized in any promotional literature or advertisements of any
type without the express prior written consent of CITIES and/or COUNTY.
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17. MINNESOTA LAWS GOVERN
The laws of the state of Minnesota shall govern all questions and interpretations concerning
the validity and construction of this Agreement and the legal relations between the Parties and
their performance. The appropriate venue and jurisdiction for any litigation will be those
courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the
federal courts involving the Parties will be in the appropriate federal court within the state of
Minnesota.
(The remainder of this page intentionally left blank.)
Contract #A2412190
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The Parties hereto agree to be bound by the provisions set forth in this Agreement.
Reviewed for HSPHD by COUNTY OF HENNEPIN
the County Attorney’s Office: STATE OF MINNESOTA
By:
______________________________ Chair of Its County Board
Date: ________________________
ATTEST:
Deputy/Clerk of County Board
_______________________________ And:
County Administrator
Date: __________________________ Date:
CITY OF EDINA
By: ______________________________________
Title:
Date: _____________________________________
By: ______________________________________
Title:
Date: _____________________________________
CITY OF RICHFIELD
By: ______________________________________
Title:
Date: _____________________________________
By: ______________________________________
Title: ____________________________________
Date: _____________________________________
Exhibit A: Description of Services
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Subject to the provisions in the Agreement, including but not limited to provisions regarding data
and data sharing, HSPHD and DEPARTMENTS shall cooperate and collaborate to develop and
perform services associated with the Program. The Parties agree that, subject to performance and
outcomes under this Agreement, additional teams may be developed, agreed upon, and
implemented.
Program Objectives:
Objective 1. SW and medical provider responding to low-risk 911 calls related to
mental/behavioral health, substance use, and/or low level crime as ART will assess and refer
Individuals to community resources as set forth herein.
Objective 2. Decrease the number of low-risk 911 related to mental/behavioral health, substance
use, and/or low level crime calls that have a law enforcement and fire response.
Objective 3. Reduce the need for future 911 calls for individuals served by ART.
Objective 4. Reduce the use of emergency medical services by teaching prevention strategies and
promoting community stabilization.
Program Overview:
HSPHD and CITIES seek to pilot an Alternative Response Team in CITIES’ DEPARTMENTS.
Mental health calls require a specific skill set which may differ from the training of the current
emergency response structure made up of police, fire, and emergency medical services.
As further described herein, ART may be asked to respond to situations in the following manner:
(i) EDINA 911 DISPATCH may dispatch ART in response to a 911 call; (ii) DEPARTMENTS
may, following assessment of a situation, request that EDINA dispatch ART; or (iii) ART may
self-initiate a response.
Program Guidelines:
To achieve the objectives, the Parties shall exercise best efforts to assign personnel and to
perform in accordance with the following program specifications, including but not limited to
DISPATCH Guidelines and other applicable DEPARTMENTS’ Guidelines.
DISPATCH Guidelines:
DISPATCH may, in its sole discretion, dispatch ART to calls for service where the ART
response would be appropriate based on the situation or a request for ART dispatch from
DEPARTMENTS.
EDINA shall train DISPATCH personnel to recognize situations where dispatching ART may be
appropriate. DISPATCH personnel will use their training and best judgment when dispatching
ART. Based on call information received DISPATCH will determine if the call appears safe for
ART to respond to. ART team may request POLICE DEPARTMENT if the call appears unsafe
upon arrival on scene.
Exhibit A: Description of Services
Contract # A2412190
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The Parties each expressly acknowledge and agree that nothing herein shall modify or alter
EDINA’s primary obligation is to ensure public safety and to keep and preserve the peace.
EDINA personnel shall exercise their sole discretion in deciding whether to dispatch ART.
Nothing herein is intended to nor shall be construed as requiring that EDINA dispatch ART.
DEPARTMENTS’ Guidelines:
DEPARTMENTS, in collaboration with the other Parties, shall train law enforcement and fire
personnel to recognize situations where requesting dispatch of ART is an appropriate response.
If DEPARTMENTS request that EDINA dispatch ART, DEPARTMENTS’ officers will, to the
extent possible, include known data about the individual.
Generally:
ART will be requested to respond to calls where mental health, substance use, and social service
needs are primary. Once the scene is determined safe by DEPARTMENT(S) on site, ART will
provide services to individuals.
ART will not be dispatched outside of EDINA or RICHFIELD city boundaries without the
request of CITIES’ DEPARTMENT(S) following up on a call.
If ART is not available to respond, DISPATCH will follow standard dispatch policy and
procedure.
Each Party shall follow its applicable policy, procedure, and training, including but not limited to
documenting and reporting.
ART Team Guidelines:
ART will assess and respond to individuals encountered in an ART response. As appropriate, a
responding ART may refer to needed resources, complete a crisis plan, connect to existing
supports and transport to appropriate locations.
DEPARTMENTS will work with HSPHD to establish a process/rules for tracking Individual
referrals.
Each Party expressly agrees to comply with the data and information provisions set forth in
Exhibit B.
Parties’ Responsibilities:
In addition to the responsibilities described above, the Parties shall generally be responsible as
follows:
HSPHD Responsibilities:
1. HSPHD shall assign personnel as necessary to meet to the guidelines and obligations set
forth herein (each a “SW”). At all times during this Agreement, the SW will be
COUNTY employees and be supervised by HSPHD.
Exhibit A: Description of Services
Contract # A2412190
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2. Social work coverage will be available for ART response at times agreed upon by Parties.
3. CITIES will use their Embedded Social Worker to cover when primary ART SW is
unavailable.
4. The SW will provide services in person and/or by phone.
5. HSPHD shall provide the SW with equipment deemed necessary to provide the services
under this Agreement by HSPHD, which may include a cell phone, computer equipment
and a uniform.
6. EDINA shall provide ART with Mobile Data Computer (“MDC”), Toughbook, and
radio.
7. The SW will make a reasonable attempt to respond to all calls dispatched in the order
they are received when ART is logged into the dispatching system and available.
8. HSPHD will provide services in an ethical and culturally sensitive manner.
9. The SW will make a reasonable attempt to obtain a Release of Information (ROI), in
order to permit relevant information to be subsequently shared with DEPARTMENTS
and/or fire department.
10. HSPHD will track Program Data, as agreed upon by all Parties. The Parties expressly
agree that Program Data will be aggregated and/or de-identified in a manner that ensures
that no individual may be directly or indirectly identified in any manner.
EDINA Responsibilities:
1. Subject to applicable law, EDINA will dispatch ART in accordance with the provisions
and guidelines herein.
2. Before Program implementation, EDINA will work with the HSPHD Social Work Unit
Supervisor, Project Manager and DEPARTMENTS to develop a workflow for
dispatching calls to ART.
DEPARTMENTS Responsibilities:
1. POLICE DEPARTMENTS will provide office space, desks, and internet connection for
SW.
2.
2. DEPARTMENTS shall track Program Data. The Parties expressly agree that Program
Data will be aggregated and/or de-identified in a manner that ensures that no individual
may be directly or indirectly identified in any manner.
Medical Provider Responsibilities:
1. EDINA shall assign medical personnel as necessary to meet the guidelines and
obligations set forth herein. At all times during this Agreement, the medical provider will
Exhibit A: Description of Services
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be EDINA employees and will be supervised by an EDINA medical director. EDINA
shall be solely responsible for ensuring that medical provider is aware of all obligations
herein and are properly trained to perform in accordance with this Agreement, certified
by Emergency Medical Services Regulatory Board, and relevant Minnesota Department
of Human Services standards of conduct and law.
2. The medical provider will work during reasonable hours as needed to support the
Program and as agreed to by the Parties from time to time.
3. The medical provider will provide services in person.
4. EDINA shall provide the medical provider with all equipment deemed necessary to
perform the services under this Agreement, which may include a cell phone, computer
equipment, a uniform and medical supplies.
5. The medical provider will make a reasonable attempt to respond to all calls dispatched in
the order they are received during reasonable hours as needed to support the Program and
as agreed to by the Parties from time to time.
6. Services will be provided in an ethical and culturally sensitive manner.
Exhibit B
Data and Information
Contract # A2412190
1
230565v1
As used herein, “Program Data” shall mean all information and data collected, created, received,
maintained or disseminated by any Party pursuant to this Agreement regardless of its physical
form, storage media or conditions of use.
The Parties expressly acknowledge and agree that Program Data provided or exchanged between
Parties shall be subject to the provisions of this Agreement and applicable law.
Each Party shall create, collect, and maintain Program Data in accordance with the Party’s data
and information policies. In the event of any conflict between a Parties’ policy and this
Agreement, the order of precedence shall be 1) this Agreement; then 2) the Party’s policy.
However, notwithstanding any Party’s policy, each Party is expressly prohibited from sharing,
distributing, or disseminating any Program Data to/with any other Party or with any third-party
except: (i) pursuant to valid authorization from the data subject; (ii) if COUNTY and CITIES
agree that the Program Data is classified as public data by applicable law, including but not
limited to the Minnesota Government Data Practices Act; (iii) the sharing, distribution, or
dissemination is authorized by applicable law, including but not limited to Minn. Stat. §§ 13.46,
13.82, & 144.294; or (iv) the sharing, distribution, or dissemination occurs in connection with an
emergency and is necessary to protect the health or safety of an individual or individuals. Any
Program Data shared, distributed, or disseminated should be limited to the minimum necessary
in accordance with applicable law.
In regard to the Program Data, each Party shall:
(i) access, use, control, protect and safeguard all Program Data in compliance with the
terms of the Agreement, generally accepted industry standards, all applicable laws, and
the Party’s then applicable policies, procedures, rules, and directions; to the extent of any
inconsistency between any of the foregoing, applicable law shall prevail;
(ii) immediately notify all other Parties of any known or suspected security breach or
unauthorized access to Program Data, then comply with all responsive directions
provided by the other Parties;
(iii) only access/use Program Data as reasonable and necessary for performance under the
Agreement;
(iv) restrict access to Program Data to only those personnel that need such access for the
purpose of performance under the Agreement;
(v) advise its personnel that may have access to Program Data of the obligations imposed
by this Exhibit; and
(vi) immediately notify the other Parties in the event it receives a request or demand for
data, including but not limited to a request/demand made under the MGDPA, subpoenas,
Court Orders or other legal processes.
Exhibit B
Data and Information
Contract # A2412190
2
230565v1
Nothing in this Agreement is intended to nor shall be construed as conveying by one Party to
another Party, either expressly or by implication, any right, title or interest in any of the Party’s
information or data including but not limited to any copyright, trade secret or other right,
whether intellectual or otherwise.