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2012-01-17COMMUNITY SERVICES COMMISSION AGENDA Tuesday, January 17, 2012 7: 00 pm Richfield Municipal Center (6700 Portland Ave) Fred Babcock Room Commission Members Staff I Liaisons i Reed Bornholdt I Greg Manqold Michele Thorr]pson Jim Topitzhofer (Staff Liaison) Fred Wrx (Council) Gerry Charnitz (Chair) Arlan Nelson Sarah Till (VC John Evans (Secretary' Tom Rub (Plan nq Com) Dan Edgerton Bob Sho well LuAnn Werner Brandon Klement (Facilities Manager) David Gepner Approval of Minutes ❑ Regular Meeting: November 15, 2011 Public Comment ❑ Items not printed on the agenda 3. Staff Reports ❑ New Year's Eve Events ❑ Minnesota GreenStep Cities ❑ Statewide Health Improvement Grant (SHIP) ❑ Augsburg Park Nordic Ski Course ❑ Honoring All Veterans Memorial 4. Action Items ❑ Community Bandshell Design Contract (Topitzhofer) ❑ Adventure Gardens Mini -Golf Improvements and Services Agreement (Klement) ❑ Augsburg Skate Park Contract (Topitzhofer) 5. Discussion Items ❑ None 6. Committee Reports ❑ Transportation Commission (Shotwell) ❑ FOWL Board (Werner/Gepner) ❑ Waste Hauling Study Group (Mangold, Werner) ❑ Planning Commission (Rublein) ❑ Arts Commission (Thompson) 7. Upcoming Meetings Tuesday, February 21, 7:00 pm Richfield Community Center (7000 Nicollet Ave) 8. Adjournment DRAFT MINUTES UNTIL APPROVED BY THE CSC. November 15, 2011 Oda REGULAR COMMUNITY SERVICES COMMISSION REGULAR MEETING Tuesday, November 15, 2011, Community Center (7000 Nicollet Ave) SC Members Bo Shotwell, Sarah Till, Greg Mangold, ee ornholdt, Arlan Nelson, Michele Thompson, Gepner, Gerry Charnitz (ChairkLuAnn Werner Staff Jim Topitzholer, John Evans, Chris Link, Jaeson Morrison, Robert Hintgen, Kristin Asher Others Steve Christopher (Minnehaha Creek Watershed District) Council Liaison I Fred Wroge I Call to Order/Approval of Minutes j Charnitz called the regular CSC meeting to order at 7:00 pm. Gepner moved, seconded by Bornholdt, to approve the minutes of the regular October minutes. Approved, ayes all. j Discussion Items_] Storm Water Pollution Prevention Program Annual Meeting Engineering Supervisor Asher gave the annual report, explaining the efforts by City staff to reduce stormwater pollution and educate the public about pollution control. She talked about reducing salt usage in the streets, testing pond water, using Wood Lake Nature Center as an educational outlet, and encouraging people to report instances of dumping and pollution. Steve Christopher from the Minnehaha Creek Watershed District talked about how the MCWD does regulatory work regarding erosion control, stormwater quality, dredging, and incentives to encourage best practices for pollution control. Forestry Report Streets/Forestry Supervisor Link and Forester Morrison provided the report. Morrison reported about different tree disease control and prevention measures, including the aggressive emerald ash borer program, which will cost $50,000/year, but may prolong the life of many trees and may even save many (a large number of ash trees are on the boulevard, as they were planted to replace the diseased elms removed in the 1970's and 1980's. He talked about diversifying the species/genus of the tree stock among the 220 trees that are planted each year. Link said that there is talk of a disease that affects maples, so staff will be consulting again with the CSC about what varieties of tree that may be considered in the future. Staff Reports_] Augsburg Skate Park Topitzhofer reported that Spahn Ranch, who submitted the winning proposal for a new tier -one skate park, was approached again and asked to provide a revamped plan as requested by the skate park committee. Spahn submitted a proposal that was nearly twice as expensive. Topitzhofer said that the CSC could consider several options: 1) approve a contract for the full amount after requesting more funds. 2) advise staff to request a design from Spahn, then go out for bid for the contractor work, or 3) partner with another municipality to have skate parks built at the same time to reduce some costs, 4) partner with another municipality to build just one park to be shared, 5) start over with a new RFP (he said that he doesn't recommend that option, as we'd probably end up at the same place). Bornholdt asked what level of park Bloomington has in mind and if they'd want a tier one park. Topitzhofer said that they are interested in a tier one park that wouldn't require supervision. Charnitz asked if contracting out for different parts of the project would save money (i.e. on concrete work). Topitzhofer wasn't sure what the bids would come in at, but he was sure that many parts of the plaza are not very specialized and could be built by a regular construction contractor. Charnitz said that the Augsburg site was carefully chosen for many different criteria, but if we partner with Bloomington on one facility, they probably would prefer it to be further south. Shotwell said that it would be very difficult to chose a location that would be attractive to Bloomington and Richfield. Shotwell said that he does favor partnering with Bloomington to pick one vendor for two parks. Thompson wondered where they are in the process and if we'd have to wait for them to catch up. Edgerton said that kids may not care where the municipal line is, as long as they can get there. Wemer said that her preference would be to invest in a skate park that is located in Richfield. She asked if asking for more money would take away from other projects. Topitzhofer said that it wouldn't have to, but the Council may decide to put the whole project on hold. He said that he will contact Bloomington to find out where they're at in terms of being ready to solicit bids, and he can get some idea of what different portions of the project would cost if done by different contractors. Thompson asked if it would be difficult to work out location and other decisions with Bloomington; Mangold said that those issues could be worked out. Charnitz said that, since we have approved funds and a design in mind, we're ready to go and maybe able to take the lead. Edgerton said that the project doesn't look that specialized and there should be some local talent, like landscape contractors, who may be able to recreate the desired plan. Edgerton wondered how the Council might respond to asking for $20,000 more money; Topitzhofer said that it may be worth approaching them to gauge their feelings about it. Shotwell recommended option one, asking the Council for more funding. Shotwell and Thompson commented on how far the preliminary work has progressed, making it worthwhile to forge ahead. Edgerton suggested approaching the Council with the same options, clarifying that the CSC is recommending option one. Topitzhofer suggested that he gather more information about the cost of parts of the project and Bloomington's feelings about partnering, then returning to the CSC at the next meeting for a formal recommendation. Warner suggested that Topitzhofer ask Spahn Ranch for an expiration date for their proposal. Action Items I Cancellation of Regular December CSC Meeting Thompson moved, seconded by Warner, to cancel the regularly -scheduled December CSC meeting. Approved, ayes all. November 15, 2011 Committee Reports I Transportation Commission: Shotwell and Edgerton provided the Waste Hauling Study Group: Mangold provided the report. He said report, that the issue has been controversial in Maplewood. Community Bandshell Group: Topitzhofer provided the report. He Planning Commission: Gepner provided the report. reported on a brainstorming session held since the last meeting. Ails Commission: Thompson provided the report. FOWL Board: Gepner provided the report. I Next MeetinglAdjoumment I Regular January Meeting Tuesday, January 17, 7:00 pm, Richfield Municipal Center (6700 Portland Ave) Mangold moved, seconded by Werner, to adjourn the meeting. Meeting adjourned at 9:00 pm. RICHFIELD COMMUNITY SERVICES COMMISSION EXECUTIVE SUMMARY Meeting Date: January 17, 2012 Agenda Item: Community Band Shell Design Contract Agenda Section: Action Items Attachments: None Contact: Jim Topitzhofer Recommended Action: Motion to recommend Council approval to receive donated funds in the amount of $5, 000 for the purpose of contracting an Architect to complete a concept design and cost estimates for a community band Shell. . The planning group for a community band shell has conducted an architectural charette to gather input from various potential user groups. The charette was well attended and produced great information related to questions on stage size, needed equipment, seating capacity, and general preferences. The planning group is now ready to take this information and get started with a concept drawing, costs estimates and assistance with site selection. . The planning group has not finalized a location for the band shell yet and awaits a report from the Metropolitan Airports Commission on changing flight patterns to determine the extent of noise impact. We are expecting this information to unfold in the next few months. The planning group chair, David Butler has solicited a donation form a prominent Richfield business in the amount of $5,000 to select and pay an architect to complete concept drawings, cost estimates and assistance with site selection. The planning group is recommending City Council to receive the donated funds and use it for this purpose. RICHFIELD COMMUNITY SERVICES COMMISSION EXECUTIVE SUMMARY Meeting Date: January 17, 2012 Agenda Item: Adventure Gardens Mini Golf Improvements and Services Agreement Agenda Section: Action Items Attachments: Draft Management Services Agreement Contact: Jim Topitzhofer Recommended Action: Motion to recommend Council approval an amended agreement with Wheel Fun Rental, LLC and to authorize presented improvements to Adventure Gardens Mini Golf. Facilities Manager Brandon Klement and Rodney Knight, Wheel Fun Rentals President, will present a summary of the successful first season that Adventure Gardens Mini Golf was operated by a private vendor. Rodney is optimistic about the future of the facility and has developed extensive plans to improve the facility to increase use. The recommended improvements would be paid by Wheel Fun Rentals and would become property of the City with the expectation that the City amend our agreement to extend the term to seven years. The extended term will provide Rodney enough time for a return on investment. Rodney will share his plans with the Commission at the meeting. A draft agreement is attached. DRAFT AGREEMENT FOR MANAGEMENT SERVICES THIS AGREEMENT is made by and between CITY OF RICHFIELD, a Minnesota municipal corporation with offices at 6700 Portland Avenue South, Richfield, MN ("City") and WHEEL FUN RENTALS, LLC, a Minnesota limited liability company with offices at 3609 Heights Court, St. Cloud, MN ("Manager"). Recitals A. City is the owner of a mini -golf facility located at 635 Portland Avenue, within Veterans Memorial Park, in the City of Richfield, consisting of approximately 47,355 square feet of land improved with a miniature golf course (the "Facility"). B. City is also the owner of a building located adjacent to the Facility (the "Building"), approximately 1,664 square feet of which has been used as storage, concessions, restrooms, and office space for the operation of the Facility and for bicycle rental (the "Operating Space"). The Operating Space comprises one-half the total area of the Building. C. A sketch plan showing the location of the Facility, Building and Operating Space is attached as Exhibit A. D. City and Manager are entering this Agreement for Manager to manage the Facility and Operating Space according to the terns and conditions set forth below. Terms 1. Recitals Incorporated. The recitals set forth above are incorporated into and made a part of this Agreement. 2. Term. The Facility and Operating Space are open for use seasonally, from April 1 through September 1 of each year. The term of this Agreement is from April 1, 2012 through September 1, 2019, unless earlier terminated as provided in paragraph 16 below. 2. Manaeement Services. Manager agrees to manage the operation of the Facility, including mini -golf play with club and ball rental, and to also manage the concession sales and bicycle rental operations during the April — September seasons for each of the years that this Agreement is in force and in accordance with the terms of this Agreement. 3. Comnensation. As compensation, the Manager will retain the gross revenues from the operation of Facility, concessions and bike rental, less the amounts paid to the City under this paragraph. The Manager will pay to the City $6,000 per season plus 7.5 percent of gross revenues from the operation of the Facility, concessions and bike rental, not to exceed a combined total of $12,000 per season. The $6,000 will be paid in equal monthly installments of 382872v2 CAH RC160-7 $1,200, payable on the last day of May, June, July, August and September in each of the years that this Agreement is in force. The Manager will pay the portion of compensation that is based upon gross revenues in one installment each year, based on the gross revenues for the immediately preceding season, and payable by September 30th of each year. 4. Revenue Reporting. Within 10 days after the end of each month of seasonal operation, Manager must provide City with an accounting of the gross revenues, separated by category, for mini -golf club and ball rental, concessions, and bicycle rental. 5. Hours of Operation and Rates. By January 1 of each year, Manager must submit to the City's contract manager for approval its proposed schedule of hours of operation and rental rates for the Facility and bicycle rental for the upcoming season. The City's contract manager may disapprove the proposed schedule of hours and rates only if they are commercially unreasonable; the City must notify Manager by January 15 if the schedule is not approved, or the schedule is deemed approved. If the schedule is not approved, Manager must submit a revised, commercially reasonable schedule to the City's contract manager by February 1 preceding the season for which the rates are applicable. 6. Staffing. At its sole expense, Manager must provide sufficient personnel to operate, maintain and repair the Facility, concessions and bicycle rental at all times during each operating season. Manager is required to obtain criminal background checks on each of its employees who will perform services under this Agreement. In advance of the season starting date of each year, Manager must certify in writing to City that criminal background checks have been performed on Manager's staff as required by this Agreement. 7. Equipment. The City will provide to Manager the equipment currently owned by City and necessary to the operation of the Facility, concessions and bike rental, which includes all of the equipment listed on the attached Exhibit B (the "Equipment"), The City agrees to inspect the refrigerator and freezer and, at its expense, make any repairs that may be necessary to make the units operable and in compliance with applicable health and sanitation codes prior to April 1, 2011. Manager agrees to accept all other Equipment in an "as is" condition. At all times during this Agreement, Manager is responsible for keeping the Equipment in a condition that is safe and suitable for use, and in compliance with applicable health and sanitation code requirements, if any. Manager's obligations under this paragraph include the obligation to repair or replace Equipment as necessary, at Manager's expense. Manager must notify City of any Equipment that Manager removes from service and replaces; City will be responsible for disposing of Equipment that is no longer suitable for use, in accordance with City policies. Manager, not City, will own any replacement Equipment that Manager purchases at its expense ("Replacement Equipment"). 8. Facility Repairs and Imrorovements._ Manager is responsible to maintain the Facility and Operating Space at its expense at all times during each operating season. Manager is responsible for conducting regular inspections of the Facility and Operating Space and notifying City of any required repairs.. City is responsible for making repairs to the Building in which the Operating Space is located. Manager, at its expense, shall perform all repairs to the Facility but must notify City prior to effecting any repair with an estimated cost that exceeds $500.00. 382872v2 CAH RC160-7 9. Utilities. Manager agrees to pay all utilities associated with the operation of the Faclity and the Operating Space. The Facility and Operating Space are not separately metered from other parts of the Building for electric, gas and water utilities. Manager and City agree that a fair and equitable allocation of utility costs is 50 percent for the Operating Space utilities and 50 percent for the remainder of the Building, based on floor area. Promptly after City's receipt of the utility bills for the Building for usage during the April -September seasons, City will provide Manager with copies of the utility bills and an invoice for 50 percent of the utility costs. Manager agrees to pay the invoice within 10 business days after receipt. If any payment is more than 10 days delinquent, City may deduct the invoiced amount from the next installment of compensation payable under paragraph 3 above. 10. Food License. At its cost, Manager must obtain and maintain an annual food license issued by the City. 11. Insurance. Manager must obtain and maintain in force at all times during this Agreement the following insurance: A. Workers' Compensation insurance that meets minimum statutory obligations. B. Commercial General Liability insurance against claims for personal injury, death or property damage occurring in connection with Manager's performance of this Agreement, with limits of not less than $1,000,000 each occurrence, $300,000 property damage; $5,000 medical expense any one person; $500,000 personal and advertising injury. The policy shall be on an "occurrence" basis, shall include contractual liability coverage, and the City shall be named an additional insured. C. Commercial Automobile Liability insurance covering all owned, non -owned and hired automobiles with limits of at least $1,000,000 combined single limit. D. Professional Liability insurance providing coverage for the claims that arise from the errors of Manager or its employees, failure to render a professional service by Manager or its employees, or the negligent rendering of the professional service Manager in the amount of $500,000 each occurrence and $500,000 annual aggregate. The insurance policy must provide the protection stated for two years after termination of this Agreement. Such insurance secured by Manager shall be issued by insurance companies admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the Agreement and shall remain continuously in force for the duration of the Agreement, unless otherwise stated. Any policy deductibles or retention shall be the responsibility of Manager. The City does not represent that the insurance requirements are sufficient to protect Manager's interest or provide adequate coverage. 382872v2 CAH R060-7 12. Indemnification. Manager agrees to defend, indemnify and hold harmless, the City, its officials, officers, agents and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the Manager, its contractors or subcontractors or anyone directly or indirectly employed by them, or anyone volunteering for them, or any party that directly or indirectly benefits from the activities specified in this Agreement, or anyone for whose acts or omissions they may be liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of the Manager to perform fully, in any respect, all obligations under this Agreement. Nothing in this Agreement shall be deemed to be a waiver by the City or its elected officials of any limitations on or immunities from liability set forth in Minnesota Statutes, Chapter 466 or to which the City or its elected officials, officers, employees, agents and representatives are otherwise entitled. 13. Data Privacv. Records. The Manager agrees to comply with the Minnesota Government Data Practices Act (the "Act") and all other applicable state and federal laws relating to data privacy or confidentiality. Manager will immediately report to the City any requests from third parties for information relating to this Agreement, or services provided hereunder. The City agrees to promptly respond to inquiries from Manager concerning data requests. All data created, collected, received stored, used, maintained or disseminated by Manager in performing its obligations is subject to the requirements of the Act, and Manager must comply with the requirements of the Act as if Manager was a government entity. Manager agrees to defend, indemnity and hold the City, its officers and employees harmless from any claims resulting from Manager's failure to disclose data maintained by Manager and authorized for release by the City, or from Manager's unlawful disclosure or use of data protected under state and federal laws. 14. Audits. Manager agrees that the City or the state auditor, including any duly authorized representatives of the City or state auditor, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, and records that involve relevant transactions relating to this Agreement at any time during normal business hours and as often as they may reasonably deem necessary. 15. Indeuendent Contractor. Manager, along with any other person hired or retained by Manager, shall perform the services under this Agreement as an independent contractor and not as employees of the City. The Manager and its employees will act as an independent contractor and shall not be treated as an employee of City for federal, state or local tax purposes or any other purposes under any circumstances. Manager and its employees shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation benefits, unemployment compensation, disability, severance pay, pension benefits or any other rights or benefits of City employees. Regardless of any determination of any pertinent tribunal, agency, board, commission or court, Manager agrees to hold harmless, defend and indemnify City, its officers, agents and employees from any loss, claim or liability related to Manager or persons employed or retained by Manager, including, without limitation, claims of 382872v2 CAH RC160-7 employment discrimination or employer -related tax, social security, or employment or disability payments. 16. Termination. This Agreement may be terminated as provided in this paragraph, and payment of compensation shall be prorated to the last day this Agreement remains in force. A. Termination Without Cause. Either party may cancel this Agreement without cause by giving written notice to the other party no later October 15 of any year during the term of this Agreement; such termination shall be effective as of November 30 of the year in which notice is given. B. Termination for Cause. Either party may terminate this Agreement for cause as provided herein. For purposes of this Agreement, "cause" shall be defined as any of the following: 1. Material failure to comply with the provisions of this Agreement and failure to cure such breach with seven (7) days after the non -terminating party's written notice of the item of breach. In such instance, the Agreement is terminated effective 14 days after the non -terminating party's notice of the breach. 2. Dissolution, substantial contraction, or bankruptcy of the non -terminating party, in which case the termination shall be effective 10 days after party's written notice of termination or such later date as specified in the written notice. C. Notwithstanding the above, neither party shall be relieved of liability to the other for damages sustained as a result of any breach of this Agreement by the other party. The City may withhold payments due to Manager for the purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit either party, in case of any default by the other party, from asserting any other right or remedy allowed by law, equity, or by statute. 17. LeEal Compliance. Both parties agree to comply with all applicable state, federal and local laws, rules and regulations in carrying out their respective obligations under this Agreement. Without limiting the foregoing, the parties agree that the provisions of Minn. Stat. § 181.59 (prohibiting discrimination on account of race, creed or color) are incorporated into this Agreement by reference; that the parties shall comply with the Minnesota Human Rights Act, Minn. Stat. chapter 363A; that the parties shall comply with the Americans With Disabilities Act of 1990 and not to discriminate on the basis of disability in the admission or access to, or treatment of individuals in its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. 18. NOTICES. Any notices to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally will be deemed communicated as of the 382872v2 CAH RC 60-7 date of actual receipt. Mailed notices will be deemed communicated as of two (2) days after the date of mailing. Mailed notices shall be addressed to the parties at the addresses appearing at the end of this Agreement, but each party may change the address by written notice in accordance with this paragraph. 19. Assianment. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Contractor or Client without the prior written consent of the other party. 20. Healthv Menu Choices. Manager shall offer at least one healthy food menu item and at least one healthy beverage as part of concession operations. 21. Publicity. The facility will be identified as publicly owned and operated in all signs, literature, and advertising to eliminate the perception that the facility is privately owned. 22. Fee Rates. Fee rates charged to the public by Manager must be competitive with that of similar private and public facilities. This Agreement is entered into as of the date and year written above. CITY OF RICHFIELD WHEEL FUN RENTALS, LLC By Its Mayor By Its City Manager By Its Manager 382872v2 CAH RC160-7 I I • • I I • I 41 i .c K W � M< 1: r� qrb i z EXHIBIT B List of Equipment One — Gehl's Nacho Cheese Dispenser (Hot Top 2) One - Amana Microwave Oven One — Counter Top Refrigerator (Coke Property) One - Fountain Pop Dispenser (Coke Property) One— Single Bunn Coffee Brewer (Al's Coffee Property) One — Cappuccino and Hot Chocolate Dispenser (Al's Coffee Property) Four — Air Pot Coffee Dispensers (Al's Coffee Property) One— Vulcan Two Door Refrigerator One — Vulcan Two Door Freezer One — Multi -Clean Double O Seven Dispenser One — AMSEC Money Safe One — 7962 Cisco IP Phone One — PIX 10 Time Clock One — Five Camera Nuvico Security System One - City Computer with monitor, keyboard, mouse, printer and Belkin Power strip One — Bolt Cutter 9 — 37" Putter 58 — 35" Putter 54 — 32" Putter 49 — 29" Putter 10 — Kids Putter 109 — Multi Colored Putt -Putt Balls One — 8' x 8' Outdoor Shed with Locks that Contains: One — Yardman self-propelled walk behind lawn mower One — Wheel Barrow Two — Brush Snips One — Regular safety fuel can (Empty) One — Mixed safety fuel can (Empty) One — Echo hand held leaf blower One — Echo weed whip Two — 32" plastic leaf rake One — Pitch fork One — Post -hole digger One — B am shovel Two — Garden rake Two — 18" Push broom One — Garden shovel Two — Gerer Trash Picker 382872v2 CAH RC160-7 RICHFIELD COMMUNITY SERVICES COMMISSION EXECUTIVE SUMMARY 0 Meeting Date: January 17, 2012 Agenda Item: Augsburg Skate Park Contract Agenda Section: Action Items Attachments: None Contact: Jim Topitzhofer Recommended Action: Motion to recommend Council approval of the attached skate park design for Augsburg Park and to proceed negotiating a contract with Spohn Ranch at a once of $95,000. After rejecting the first round of proposals received for the Augsburg Skate Park, revised Request for Proposals were sent to thirteen skate park designers and two proposals were received. The work group for this project selected Spohn Ranch's design and then asked them to improve upon the design while staying within budget parameters. The final design is attached and was presented to the Commission at the meeting a few months ago with news that Spohn Ranch is raising the price the price tag on the improved design due to additional cost. At that time, the City of Bloomington expressed interest in partnering with Richfield on a joint skate park project to save on costs. The CSC directed Jim Topitzhofer to investigate this opportunity further to see how serious Bloomington is about a joint project, either two separate projects by the same builder or one combined facility for both cities (as long as the combined facility was located within City of Richfield boundaries). After meeting with Bloomington officials, they are only interested in pre -cast components that are installed on there existing, bituminous site as opposed to our preference for a pour in place concrete facility. Since there is no opportunity to partner with Bloomington on a joint skate park, the planning group is recommending we proceed with a contract with Spohn Ranch for to build the attached design at a price of $95,000. Jim Topitzhofer will present a contract at the meeting.