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04-04-23 City Council Agenda April 4, 2023 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Proclamation Recognizing April as Parkinson's Awareness Month 1D.Proclamation Recognizing April as Fair Housing Month 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Council Minutes: 3A.1.Minutes of the Regular City Council Meeting of March 21, 2023 3B.Approval of City Check Registers 3C.Licenses: 3C.1.General Business Licenses - Fireworks Sales 3D.Bids, Quotes, and Contracts: 3D.1.Approve Contract for Brush Pick-Up with Bratt Tree Company 3D.2.Approve Contract for Gate Valve Repairs with Valley Rich Co., Inc. 3D.3.Approve Purchase of Replacement Outdoor Hockey Rink Dasher Boards, Steel Components, and Fencing for Scheid Park CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2468 650 0786. Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2468 650 0786 . Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting April 4, 2023 — 6:30 PM 1 3D.4.Approve Independent Contractor and Court Rental Agreement with Twin City Tennis Camps 3E.Adopt Resolution No. 23-017 Approving Amendment to Compensation and Classification Tables 3F.Receive and File 2022 Pay Equity Report 4.Public Hearing 5.Old Business 6.New Business All Ordinances listed under this heading are eligible for public input. 6A.Second Consideration of Ordinance No. 761 Amending the 2023 Master Fee Schedule for Items Related to Micromobility Licenses 6B.Review of Council Calendar 6C.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting April 4, 2023 — 6:30 PM 2 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 4, 2023 Agenda Item 1C. Proclamation Recognizing April as Parkinson's Awareness Month Prepared By Timothy Cruikshank, City Manager Summary April is Parkinson’s Awareness Month. Chris Patrick, The Parkinson’s Foundation, will be present to accept the Proclamation. Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to support a proclamation recognizing April as Parkinson’s Awareness Month in the City of Golden Valley. Supporting Documents Proclamation - 2023 Parkinson's Awareness Month 3 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING PARKINSON’S AWARENESS MONTH APRIL 2023 WHEREAS,Parkinson’s disease is a chronic, progressive, neurological disease and is the second most common neurodegenerative disease in the United States; and WHEREAS,Parkinson’s disease is estimated to affect approximately one million people in the United States and the prevalence will rise to 1.2 million by 2030; and WHEREAS,Parkinson’s disease is the 14th leading cause of death in the United States according to the Centers for Disease Control and Prevention; and WHEREAS,it is estimated that the economic burden of Parkinson’s disease is at least $52 billion annually, including direct and indirect costs, including treatment, social security payments and lost income, to patients and family members; and WHEREAS,research suggests the cause of Parkinson’s disease is a combination of genetic and environmental factors, but the exact cause and progression of the disease is still unknown; and WHEREAS,there is no objective test or biomarker for Parkinson’s disease, and there is no cure or drug to slow or halt the progression of the disease; and WHEREAS,the symptoms of Parkinson’s disease vary from person to person and can include tremors; slowness of movement and rigidity; difficulty with balance, swallowing, chewing, and speaking; cognitive impairment and dementia; mood disorders; and a variety of other non-motor symptoms; and WHEREAS,volunteers, researchers, caregivers, and medical professionals are working to improve the quality of life of persons living with Parkinson’s disease and their families; and WHEREAS,increased research, education, and community support services such as those provided by the Parkinson’s Foundation and other organizations are needed to find more effective treatments and to provide access to quality care to those living with the disease today; and WHEREAS,the annual Twin Cities fundraising walk hosted by the Parkinson’s Foundation known as Moving Day is scheduled for Saturday, May 6, 2023 at the Hilde Performance Center and Park in Plymouth; and WHEREAS,the Minnesota and Dakotas Chapter of the National Parkinson’s Foundation is located in Golden Valley; and 4 WHEREAS,Golden Valley is home to the Struthers Parkinson’s Center, a Parkinson's Foundation Center of Excellence which is the highest designation in the movement disorders field and is one of only 48 designated centers in the world; and WHEREAS,the City of Golden Valley was designated as a Parkinson’s Friendly Community in 2016 based on the accessibility of City parks and trails as well as training provided to police, firefighters, and first responders about how to recognize basic Parkinson’s symptoms. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley does hereby proclaim the month of April 2023 as Parkinson’s Awareness Month and restates its commitment to supporting those living with Parkinson’s by working to increase understanding of the disease and helping people remain active and engaged in the community for as long as possible. IN WITNESS WHEREOF,I, Shepard M. Harris, Mayor of the City of Golden Valley, have hereunto set my hand and caused the seal of the City of Golden Valley to be affixed on this 4th day of April, 2023. ___________________________ Shepard M. Harris, Mayor 5 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 4, 2023 Agenda Item 1D. Proclamation Recognizing April as Fair Housing Month Prepared By Cherie Shoquist, Housing and Economic Development Manager Summary The month of April this year marks the 55th anniversary of the passage of the Federal Fair Housing Law of 1968, declaring discrimination in the sale, rental or financing of housing based on race, color, religion, sex, handicap, familial status or national origin as unlawful. Each April, the Unites States Department of Housing and Urban Development, State Housing Finance Agencies, local communities, fair housing advocates, and fair housing organizations across the country commemorate Fair Housing Month by hosting an array of activities that highlight fair housing enforcement efforts, enhance Americans’ awareness of their fair housing rights, and emphasize the importance of ending housing discrimination. In April 2020, the City of Golden Valley, through its Housing and Redevelopment Authority, adopted a Fair Housing Policy to ensure that fair and equal housing opportunities are available to all persons in all housing opportunities and development activities funded by the City regardless of race, color, religion, immigration status, gender, gender identity, sexual orientation, marital status, status with regard to public assistance, creed, familial status, national origin, cultural background, age, or disability. Financial or Budget Considerations N/A Legal Considerations NA Equity Considerations Proclaiming April as Fair Housing Month is in alignment with the City's dedication to advancing inclusion and equity for all residents by affirmatively furthering fair housing for the purpose of creating a safe, health, and accessible community where all residents will thrive. The Proclamation will increase awareness of the City's Fair Housing Policy and commitment to ending housing discriminations. The Proclamation advances the four pillars that guide our equity work: economic prosperity for all; 6 inclusive and effective community engagement; providing unbiased programs and services; and an infrastructure that supports the advancement of diversity, equity, and inclusion. Recommended Action Motion to support a proclamation recognizing April as Fair Housing Month in the City of Golden Valley. Supporting Documents Fair Housing Month Proclamation 7 CITY OF GOLDEN VALLEY PROCLAMATION OF APRIL AS FAIR HOUSING MONTH IN THE CITY OF GOLDEN VALLEY WHEREAS, The month of April marks the anniversary of the passage of the Federal Fair Housing Law of 1968, declaring discrimination in the sale, rental or financing of housing based on race, color, religion, sex, handicap, familial status or national origin as unlawful; and WHEREAS,Fair Housing Month is a time to remind all Americans that we not only have the right to own and rent property, but it is an individual responsibility to guard this right from any infringement; and WHEREAS,fair and equal access to housing is a right guaranteed to all Americans by the Fair Housing Act; and WHEREAS, the City has identified the protection of this right as a fundamental role of the body; and WHEREAS, the City seeks to ensure that its actions and policies do not disparately impact any citizen or group; and WHEREAS,The City invites all residents to renew their commitment to making Golden Valley a community that welcomes diversity and fosters a sense of security for all residents regardless of race, color, religion, immigration status, gender, gender identity, sexual orientation, marital status, status with regard to public assistance, creed, familial status, national origin, cultural background, age, or disability; and WHEREAS,The Housing and Redevelopment Authority, in and for the City of Golden Valley, has adopted a Fair Housing Policy that supports fair housing for all people regardless of race, color, religion, immigration status, gender, gender identity, sexual orientation, marital status, status with regard to public assistance, creed, familial status, national origin, cultural background, age, or disability; and WHEREAS,The City of Golden Valley is dedicated to advancing inclusion and equity for all residents by affirmatively furthering fair housing for the purpose of creating a safe, healthy, and accessible community where all residents will thrive. NOW, THEREFORE, BE IT RESOLVED, by the City Council in and for the City of Golden Valley hereby declares April to be Fair Housing Month in the City of Golden Valley, County of Hennepin, State of Minnesota, United States of America. 8 IN WITNESS WHEREOF,I, Shepard M. Harris, Mayor of the City of Golden Valley, have hereunto set my hand and caused the seal of the City of Golden Valley to be affixed on this 4th day of April 2023. ___________________________ Shepard M. Harris, Mayor 9 March 21, 2023 —6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:39 pm. 1A. Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. 1B. Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Planning Manager Zimmerman, Planner Campbell, and City Clerk Schyma 2.Additions and Corrections to Agenda Mayor Harris noted that a couple of pages in the agenda packet for Item #3E.5.B.have been corrected since the billable rates that were included in the original packet were not current. Motion by Rosenquist, Second by M. Harris to approve the agenda as submitted. Motion carried 5-0. 3.Consent Agenda Approval of Consent Agenda -All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. Motion by Rosenquist, Second by La Mere-Anderson to approve the Consent Agenda as revised: removal of Item #3D.3.Adopt Resolution No. 23-015 Approving an Appointment to the Bassett Creek Watershed Management Commission; and #3F. Approve the 2023 Public Land Inventory Report. 10 Motion carried 5-0. 3A.Approval of City Council Minutes: 3A.1. Minutes of the Annual Joint Meeting with the City Council and Boards and Commissions on February 28, 2023 3A.2. Meeting Minutes of March 7, 2023 - Special City Council Meeting with Closed Executive Session and Regular City Council Meeting 3B. Approval of City Check Registers 3C. Licenses: 3C.1.Approve Temporary On-Sale Liquor License - Good Shepherd Catholic Church 3C.2.Receive and File - Gambling License Exemption and Waiver of Notice Requirement -American Legion Ladies Auxiliary Post 523 3C.3.Approve Renewal of General Business Licenses - Solid Waste and Recycling Collection 3C.4.Approve Renewal of General Business Licenses - Gas Dispensers 3D.Boards, Commissions, and Task Forces: 3D.1.Receive the Planning Commission Annual Report and Approve the 2023 Work Plan 3D.2.Receive and File the Board of Zoning Appeals Annual Report 3D.3.Adopt Resolution No. 23-015 Approving an Appointment to the Bassett Creek Watershed Management Commission 3E.Bids, Quotes, and Contracts: 3E.1.Approve Contract for Tree Trimming and Removal with Bratt Tree Company 3E.2.Award Contract for 2023 Crack Sealing Project #23-05 to Allied Blacktop Company 3E.3.Award Contract for 2023 Asphalt Microsurface Project, City Project # 23-06, to Asphalt Surface Technologies Corporation 3E.4.Award Construction Contract for 2023 Fog Sealing Project #23-10 to Allied Blacktop Company 3E.5.2023 Pavement Management Program Project Awards: A. Award Construction Contract to Northwest Asphalt B. Award Contract for Construction Engineering Services to Short Elliott Hendrickson, Incorporated 3F.Approve the 2023 Public Land Inventory Report 3.Items Removed From the Consent Agenda: 3D3. Adopt Resolution No. 23-015 Approving an Appointment to the Bassett Creek Watershed Management Commission Council Member Rosenquist thanked outgoing Commissioner Stacy Harwell for her eleven years of service on the BCWMC and advocating for the residents of Golden Valley. She further thanked Alternate Commissioner Paula Pentel for stepping up and expressing interest in filling the Commissioner role for the remainder of the term ending January 31, 2024. Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 23-015 appointing Paula Pentel as Commissioner to the Bassett Creek Watershed Management Commission. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 3E9. Approve the 2023 Public Land Inventory Report 11 Council Member Rosenquist asked how the parcel located at 7901 – 23 rd Avenue North will fit in with the proposed intersection improvements since traffic and pedestrian safety is a Council goal in 2023. Assistant City Engineer Kakach responded that the actual parcel will not be used for pedestrian improvements but the adjacent right-of-way will be used for pedestrian improvements including creating additional space for wheelchair accessibility. Motion by Rosenquist, Second by Sanberg to approve the 2023 Public Land Inventory Report. Motion carried 5-0. 4.Public Hearing 4A.Land Use and Zoning Map Amendments and Preliminary Plat for 8200 Golden Valley Road and 8240 Golden Valley Drive - Approve Resolution No. 23-016 - Amending the Future Land Use Map - Approve Ordinance No. 760 - Amending the Zoning Map - Approve the Preliminary Plat (Golden Valley Apartments) Council Member Harris stated he will step away from the dais and abstain from the discussion and vote on this item tonight since his employer is involved in the transaction. Planning Manager Zimmerman discussed the staff report, history of zoning in the area, planning theory, site plan review, and the Downtown Plan. Fabrizio Montermini, Managing Director of Sentinel Management Group, spoke about their process, intent, design, and vision for the site that they have been working on since 2021. Burt Coffin, ESG Architecture and Design, spoke specifically about the site design, stormwater management plan, and building placement, height, and setbacks. Mayor Harris opened the public hearing. Lauren Crosby, resident of Golden Valley, spoke against the proposed project and discussed public safety concerns with adding more units in Golden Valley. Ilsa Bursens, resident of Golden Valley, spoke against the size of the proposed project due to concerns regarding building height, shading, congestion, and reduced privacy. Ted Wender, 8038 Golden Valley Road, stated his support for the proposed project and it is a benefit for the community. He added that studies have proven property values do not decrease with adding multi-family housing in the neighborhood, they increase and he would like his property values increase. John Holmquist, resident of Golden Valley, spoke against the proposed project and expressed concerns with construction vehicles and increased bus traffic on Golden Valley Road. 12 Steve Gummert, 8112 Golden Valley Road, spoke against the proposed project and expressed concerns regarding building height, shading, and aesthetics for the neighborhood. Ruth Paradise, 8515 Duluth Street, spoke in favor of the proposed project and how it will benefit the community including increasing affordable housing opportunities in Golden Valley. Thomas Green, 8012 Golden Valley Road, spoke against the proposed project and expressed concerns with building height, shading, setbacks, and the incompatibility of the proposed design with the neighborhood. Ron Quanback, 7930 Golden Valley Road, stated his concerns since the site plan is not approved until a later date so the building height, setbacks, and congestion could change from what is being shown by the applicants at this time. Alisa Ditvig, 7930 Golden Valley Road, stated she wants the site developed but believes this particular location should be zoned Neighborhood Mixed Use instead of Community Mixed Use due to the differences in building height and number of units. Mayor Harris closed the public hearing. Council Member Sanberg stated she did hear many comments that redevelopment does need to occur there and that the shopping center area needs to be upgraded. She thinks the benefit of increasing density is that it could help the area add a grocery store and more restaurants and businesses to downtown. Council Member La Mere-Anderson agreed with Council Member Sanberg and encouraged the developers to listen to the comments from the neighborhood about the design of the building. She further stated she is excited about adding more affordable housing opportunities to the City. Council Member Rosenquist stated she hears the concerns that the neighborhood has brought forward but she is thankful that the Code requires an additional step in the site plan review process so that some of the concerns can be managed. Mayor Harris stated he agrees with his colleagues and also thanked the residents for their civility during the hearing process. He responded to comments about public safety concerns, stated that crime levels are at a pre-COVID-19 level, and added that he believes the Police Department is making changes for the better. Motion by Sanberg, Second by La Mere-Anderson to adopt Resolution No. 23-016, Amendment to the Future Land Use Map Designating 8200 Golden Valley Road and 8240 Golden Valley Drive as Community Mixed Use, and to authorize staff to forward the requests to the Metropolitan Council for review. Motion carried 4-0 with unanimous approval.(In Favor: S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A. Abstained: M. Harris.) Motion by La Mere-Anderson, Second by Sanberg to adopt Ordinance No. 760 Amending the Zoning Map and Rezoning Properties at 8200 Golden Valley Road and 8240 Golden Valley Drive from Commercial to Community Mixed Use. 13 Motion carried 4-0 with unanimous approval.(In Favor: S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A. Abstained: M. Harris.) Motion by Rosenquist, Second by Sanberg to approve the proposed Preliminary Plat for 8200 Golden Valley Road and 8240 Golden Valley Drive (Golden Valley Apartments) subject to the following conditions: 1. The applicant shall modify the final plat to accommodate the planned cul-de-sac on Golden Valley Drive. 2. The applicant shall work with staff to evaluate if any additional modifications to the final plat are required in order to accommodate a future mini roundabout at the intersection of Wisconsin Avenue and Golden Valley Road. 3. A park dedication fee equal to 6% of the land value shall be paid prior to the release of the final plat. 4. The City Attorney will determine if a title review is necessary prior to approval of the final plat. Motion carried 4-0.(Abstained: M. Harris.) 5.Old Business 6.New Business All Ordinances listed under this heading are eligible for public input. 6A.First Consideration of Ordinance No. 761 Amending the 2023 Master Fee Schedule for Items Related to Micromobility Licenses Planner Campbell presented the staff report, discussed a partnership with the cities of Hopkins and St. Louis Park, and detailed the process for micromobility applicants and reasoning for updating the fees. Mayor Harris opened the item for public comment. No one requested to speak. Motion by Rosenquist, Second by Sanberg to approve first consideration of Ordinance No. 761 Amending the 2023 Master Fee Schedule for Items Related to Micromobility Licenses. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere- Anderson, Rosenquist, Sanberg. Opposed: N/A) 6B.Approve Updated Bylaws of Various Boards and Commissions City Attorney Cisneros discussed the report and reasoning for updating the bylaws. Motion by M. Harris, Second by Sanberg to approve the Police, Employment, Accountability, & Community Engagement Commission, Diversity, Equity, and Inclusion Commission, Planning Commission, Environmental Commission, Board of Zoning Appeals, and Open Space and Recreation Commission Bylaws. 14 Motion carried 5-0. 6C.Mayor and Council Communications 1. Other Committee/Meeting updates Mayor Harris announced that he is not seeking a fourth term due to his need to devote more time and attention to his family and career. He will continue to be an active member of the community and supportive of the Council, staff, commissioners, and community. 6D. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 7.Adjournment The meeting was adjourned by unanimous consent at 9:05 pm. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk 15 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 4, 2023 Agenda Item 3B. Approval of City Check Registers Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims again the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1000913&dbid=0&repo=GoldenValley The check register(s) for approval: 03-03-23 Check Register Financial or Budget Considerations The check register has a general ledger code as to where teach claim is charged. At the end of the register is a total amount paid by fund. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 16 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 4, 2023 Agenda Item 3C.1. General Business Licenses - Fireworks Sales Prepared By Jill Lund, Fire Department Administrative Assistant Jake Dashiell, Deputy Fire Marshal Summary The following establishment has applied for renewal of their fireworks sales license for the 2023-2024 license term. The applicant has met City Code requirements for the renewal of their license and staff is recommending approval. Menard’s, 6800 Wayzata Boulevard Financial or Budget Considerations Fees received for the fireworks sales license help to defray costs the City incurs to administer license requirements and enforce license regulations. Legal Considerations The fireworks sales license is on a form approved by the city attorney. Equity Considerations Not applicable. Recommended Action Motion to authorize the renewal of the above fireworks sales license for a period of May 1, 2023 through April 30, 2024. 17 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 4, 2023 Agenda Item 3D.1. Approve Contract for Brush Pick-Up with Bratt Tree Company Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Tim Teynor, City Forester Summary Each spring, the City contracts the collection and disposal of residents’ small brush, piled in the boulevard, as part of the Brush Pick-Up Program. The Brush Pick-Up Program is a three-week program scheduled to begin on April 24, 2023. The city is divided into three sections with each region allocated one week for collection. Staff solicited quotes to perform the work. The results are as follows: Bratt Tree Company $92,800.00 Clark Companies Incorporated $264,770.00 Bratt Tree Company has performed this work in previous years. Staff has been pleased with their performance. Staff provides information to residents about the Brush Pick-Up Program through the CityNews, City’s website, and postcards. Financial or Budget Considerations The 2023 Recycling budget (7001.6340) includes $71,400 for brush pick-up. Additional funding will come from reduced work within the line item to stay on budget. Legal Considerations The proposed work will be completed using the competitive low quote process. Equity Considerations Staff solicited quotes from eighty-one contractors, including seventy-seven Disadvantaged Business Enterprises using the Minnesota Unified Certification Program database, and three community organizations that work with Minority and Women Business Enterprises. 18 Recommended Action Motion to authorize the Mayor and City Manager to execute the contract for Brush Pick-Up with Bratt Tree Company in the form approved by the City Attorney to provide brush pick-up and disposal services. Supporting Documents Contract for Brush Pick-Up with Bratt Tree Company 19 1 CONTRACT FOR BRUSH PICK-UP WITH BRATT TREE COMPANY THIS AGREEMENT is made this 4th day of April 2023 (the “Effective Date”) by and between Bratt Tree Company, a tree care company located at 2230 East 35 th Street, Minneapolis, MN 55407 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of collecting, removing, and disposing of tree debris. B. The City desires to hire Contractor to collect, remove, and dispose of tree debris. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractorto provide the workdescribed in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE,in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2.Time for Completion.Contractor shall commence the Work not later than April 24, 2023. Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s authorized agent according to the deadlines set forth in Exhibit A (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Workat Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the Citymay, at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth in the attached Exhibit C (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 20 2 4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the Contract Price for the Work. 5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary specifications All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into the Contract Price, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9.Acceptance of the Work. All of Contractor’s work and labor shall be subject to the inspection and approval of the City. The City’s authorized agent shall be the sole and final judge of the fitness of the Work and its acceptability. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of the Work. No payment shall be made to Contractor until the Work has been accepted. 21 3 10.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to this Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 14.Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature, or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Before it may perform any Work under this Agreement, Contractor shall procure and maintain at a minimum: 22 4 a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i.Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii.Personal and advertising injury; iii.Damages because of physical damage to or destruction of property, including loss of use of such property; iv.Bodily injury or property damage arising out of completed operations; and v.Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case of non-payment. 18.Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 23 5 20.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged inthe independent performance of the same or similar workfor others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 21.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 22.Entire Agreement.The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 23.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 24.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 25.Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 26.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor 24 6 shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 27.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 28.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractoragrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 29.No Discrimination.Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractoragrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Brent Blanske, or designee who shall perform or supervise the performance of all Work. 31.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Bratt Tree Company 2423 East 26th Street Minneapolis, MN 55406 brent@bratttree.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 25 7 32.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 33.Headings.The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 34.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 35.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 36.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 37.Counterparts and Electronic Communication.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 38.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. 26 8 BRATT TREE COMPANY:CITY OF GOLDEN VALLEY: By: _________________________________ Brent Blanske, General Manager By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 27 EXHIBIT A SCOPE OF WORK 1.Work. The Work shall include all labor and equipment necessary to remove all brush and branches four inches (4”) in diameter or smaller (the “Materials”) from the boulevards in each section. The work shall include the following: a. Remove the Materials from the boulevard with clam trucks and operators. b. Clean the pickup area and repair any areas damaged by equipment. c. Provide return service to properties not covered during initial cleanup. d. Videotape piles not complying with City requirements including shot of address on house for reference. Video should clearly show non-compliance and date. 2.Location. Contractor shall remove the Materials from street boulevards within the City. The City staff has divided the City into the following three sections for the removal operation: Section 1 is the area north of TH 55 and west of Douglas Drive. Section 2 is the area north of TH 55 and east of Douglas Drive. Section 3 is the area south of TH 55. 3.Schedule.Contractor shall complete the Work in each section according to the following schedule: Section Start Date Completion Date Section 1 April 24, 2023 April 29, 2023 Section 2 May 1, 2023 May 6, 2023 Section 3 May 8, 2023 May 13, 2023 Contractor shall complete each section of Work by the Completion Date stated in the table above. If the City receives requests for additional pick-ups from residents by May 13, 2023, the City’s representative may develop a list of additional work to be performed by the Contractor (the “Additional Pick-Ups”). Contractor shall perform all Additional Pick-Ups at the unit price for equipment and labor in Exhibit C. Contractor shall not be entitled to increased prices to perform the Additional Pick-Ups. All Work under this contract including, but not limitedto the Additional Pick-Upsshallbe completed by May 20, 2023(the “Final Completion Date”). If Contractor fails to complete the Work within each section by the Final Completion Date, the City may charge Contractor, and withhold from any monies due to Contractor, liquidated damages in the amount of $500 per calendar day until all of the Work is completed. 4.Disposal.Contractor shall collect, transport, and deposit all collected Materials at the City Designated Collection Facility located at 9305 10th Avenue North, Golden Valley, MN 55427. Contractor shall make reasonable efforts to keep the areas outside of the designated storage site at the City Designated Collection Facility free of debris. Contractor shall stack theMaterialseach day in an organized manner such that the debris is oriented in a uniform direction for efficient transfer. 28 EXHIBIT B SPECIAL CONDITIONS 1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligibleto perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2.Safety Precautions and Accident Prevention. Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereto. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. Contractor shall be responsible for all safety issues on this project. Contractor shall comply with instructions from the City for implementing any additional safety-related requirements. 3.Temporary Traffic Control Devices. Contractor, at its own expense, shall furnish and deploy temporary traffic control signs and devices in accordance with the provisions of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) when the Work occurs on or adjacent to any street, alley or public place. Contractor shall, at Contractor’s own cost and expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons and property and of the work as is necessary. A sufficient number of devices shall be erected to keep vehicles from driving into the work zone and to warn pedestrians and children of the existence of the Work. Contractor shall be responsible for all damages, costs to repair, fees or other losses due to failure of barricades, signs, or lights. Contractor shall be solely responsible for the maintenance of barricades, signs and devices. 4.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with the Minnesota Department of Transportation (“DOT”) requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any finesor penaltiesincurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 5.Hours of Operation. Contractor shall perform the Work Monday through Saturdayfrom 7:00 a.m. to 7:00 p.m., excluding holidays. 6.Noise Elimination. Contractor shall eliminate noise to the greatest extent possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 7.Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor. 29 8.Payment.Payment for this project will be on an hourly basis as stated in Exhibit C and shall be based on the number of hours worked and the type of equipment used. The Contractor shall submit to the City’s representative a time sheet for each day’s activities. The estimated quantities on the Proposal form are for determination of the lowest proposal for the Work. Actual quantities maybe adjustedso long as the total Contract Price does not exceed the amounted budgeted by the City. Contractor shall useas many pieces of equipment and provide the necessary labor force to ensure all of the Work is completed within the Contract Time. 9.Contract Time Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work within the Contract Time stated in thisAgreement.If Contractor determines it is impossible to complete the Work within the Contract Time, Contractor shall request an extension from the City, in writing, not less than ten days prior to end of the Contract Time. Contractor’s extension requestshall detailfully in thereasons for the requested extension. The City, in its sole discretion, may grant or deny Contractor’s extension request. The City will only grant extension requests if the Work has been delayed by circumstances beyond Contractor’s control, or if the Material quantities substantially exceed the estimated quantities. 10.Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under this Agreement, including without limitation, the cost of losses caused by delays attributable to Contractor, breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees. 30 EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Clam Truck with Operator $150.00 /hr.X 290 hours =$43,500.00 Haul Truck with Operator $100.00 /hr.X 290 hours =$29,000.00 2 Person Clean-Up Crew $70.00 /hr.X 290 hours =$20,300.00 TOTAL:GRAND TOTAL COST TO PROVIDE SERVICES FOR 2023 SPRING BRUSH PICK-UP $92,800.00 31 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 4, 2023 Agenda Item 3D.2. Approve Contract for Gate Valve Repairs with Valley Rich Co., Inc. Prepared By Tim Kieffer, Public Works Director Joe Hansen, Utility Maintenance Superintendent Summary The City contracts water distribution repairs on an annual basis in conjunction with mill and overlay projects. This year’s work includes replacing 34 gate valves. Gate valves are critical in maintaining the water distribution system and limiting the number of affected properties by isolating the water supply during emergency repairs. The council approved the purchase of the gate valves and parts on February 7, 2023. This reduces the cost of the project by eliminating sales tax or mark-ups the contractor may impose. Quotes for the project were received on March 28, 2023, and are listed below: Dave Perkins Contracting, Inc.$204,000 Valley Rich Co., Inc.$129,350 Financial or Budget Considerations The 2023-2032 Water and Sanitary Sewer Capital Improvement Program (CIP) includes $150,000 in 2023 for valve replacement (W&SS-066). Legal Considerations The competitive low quote process was used. Equity Considerations Staff solicited quotes from fifteen utility contractors, including twelve Disadvantaged Business Enterprises using the Minnesota Unified Certification Program database, and three community organizations that work with Minority and Women Business Enterprises. Recommended Action Motion to authorize the Mayor and City Manager to execute the Contract for Gate Valve Repairs with Valley Rich Co., Inc. in the form approved by the City Attorney. 32 Supporting Documents Contract for Gate Valve Repairs with Valley Rich Co., Inc. 33 1 CONTRACT FOR GATE VALVE REPAIRS WITH VALLEY RICH CO., INC. THIS AGREEMENT is made this 4th day of April, 2023 (the “Effective Date”) by and between Valley Rich Co., Inc., a sewer and water contractor located at 147 Jonathan Boulevard North #4, Chaska, MN 55318 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of excavatingto repair,replace, and relocatepotable water distribution components. B. The City desires to hire Contractor to repair, replace, and relocate potable water distribution components. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2.Time for Completion.The Contractor shall proceed diligently and shallcomplete the Work to the satisfaction and approval of the City’s authorized agent according to the deadlines set forth in Exhibit A (the “Contract Time”). Contractor shallto notify the City in writing of any cause of delay of the Workwithin 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth herein Exhibit D (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and 34 2 amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 35 3 9.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by Final Payment (the “Final Payment”) issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 10.Warranty.Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11.Guarantee.Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between Final Payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 36 4 12.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 14.Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature, or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: 37 5 a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i.Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii.Personal and advertising injury; iii.Damages because of physical damage to or destruction of property, including loss of use of such property; iv.Bodily injury or property damage arising out of completed operations; and v.Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case of non-payment. 18.Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 38 6 20.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged inthe independent performance of the same or similar workfor others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 21.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers,representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 22.Entire Agreement.The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 23.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 24.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 25.Work Products and Ownership of Documents. All records, information, materialsand other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 26.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor 39 7 shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 27.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 28.Data Practices Act Compliance.Any and alldata provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractoragrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 29.No Discrimination.Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractoragrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Pete Nasvik, or designee who shall perform or supervise the performance of all Work. 31.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Valley Rich Co., Inc. 147 Jonathan Boulevard North #4 Chaska, MN 55318 pete@valleyrich.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 32.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 40 8 33.Headings.The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 34.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 35.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 36.Counterparts and Electronic Communication.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 37.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. CONTRACTOR:CITY OF GOLDEN VALLEY: By: _________________________________ Pete Nasvik, Project Manager By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 41 EXHIBIT A SCOPE OF WORK 1.Work. The Work shall include all labor and equipment necessary to repair, replace, or relocate gate valves or other potable water distribution components. The Work shall include, but not limited to, excavation; removal and disposal of old gate valves; installation of new gate valves; and backfill and compact the excavated trench. The City shall furnish new gate valves, parts, and/orbolts. Newly installed bolts shall be sprayedwith an approved automobile undercoating agent afterinstallationandwrap entire valve assembly in plastic. All bolts on the valve shall be replaced, including the bolts that connect the valve to the existing pipe material. All bolts and nuts used for this project shall be stainless steel or “Core Blue” as approved by the Authorized Agent. Each excavation of gate valve may include supplemental work as follows: A. Type A – Street Repair Removal of bituminous. Replace gate valve and adjust new valve box to within 1/4 inch below top of wear course grade. Installation and compaction of 6 inches of Class 5 per City of Golden Valley Standard Details herein Exhibit C. B. Type B – Street & Curb Repair Removal of bituminous and concrete curb and gutter. Replace gate valve and adjust new valve box to within 1/4 inch below top of wear course grade. Installation and compaction of 6 inches of Class 5 per City of Golden Valley Standard Details herein Exhibit C. C. Type C – Sidewalk/Concrete Repair Removal of concrete sidewalk and/or driveway. Replace gate valve and adjust new valve box to within 1/4 inch below top of concrete grade. Installation and compaction of 4 inches of Class 5 per City of Golden Valley Standard Details. D. Type D – Concrete/Sod Repair Removal of concrete curb and gutter. Replace gate valve and adjust new valve box to within 1/4 inch below sod grade. Installation and compaction of 4 inches of Class 5 per City of Golden Valley Standard Details. E. Type E – Sod Repair Adjust new valve box to within ¼ inch below sod grade. 2.Schedule.The Work shall commence May 1, 2023 and conclude June 30, 2023. 3.Location. The Location Maps herein Exhibit A identifies the location of each repair. 42 43 44 45 46 EXHIBIT B SPECIAL CONDITIONS 1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligibleto perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2.Pre-Construction Meeting. Prior to the beginning of construction operations, a pre-construction meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the pre-construction meeting: A. Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. B. General project contact information including emergency contacts. C. Traffic Control plan. 3.Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 4.Permits and Licenses.Contractor shall procure all permits and licenses as required, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. 5.Locating Utilities. Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas mains and other private utilities, as well as, public utilities of the City, County or State, which may be underground or overhead within street and highway rights-of-way or within easements and which may be interfered with by the Work prior to the Work. Existing underground, surface or overhead structures are not necessarily shown on the Plans; and those shown are only correct to the level of accuracy permitted by the locations both from field located and record drawings, established by the utility owners. The City does not assume any responsibility for the accuracy of the disclosed locations. Contractor shall be responsible for all verifying all utility location by contacting Gopher State One-Call (651.454.0002) prior to 47 beginning the Work. Contractor shall also make such investigations as are necessary to determine the extent to which existing structures may interfere with the Work. Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given relative to the surface, overhead or underground structures or by reason of Contractor’s failure to properly protect and maintain such structures. 6.Utility Conflicts.Contractor shall coordinate its efforts with private utility companies so the Work can be done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates, installations, and/or removals do not impede progress of the Work. Contractor waives claims for any and all costs or damages due to alleged delay, disruption, or acceleration; and releases the City from any such claims, to the extent the claim is due to the failure of any private utility with facilities affected by the Workto promptly relocate, remove, or adjust such facilities. It is anticipated that some facilities will be in conflict with the work on this project that Contractor will be expected to guard and protect these facilities. No claims for extra compensation to perform the Work are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to conflicts with in-place utilities shall be considered. 7.Mobilization (2021). The lump sum for mobilization is to include all aspects of work and shall include mobilization to all of the areas identified in the Location Maps herein Exhibit A. 8.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 9.Hours of Operation.Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding holidays. On streets designated as high-volume or County roadways, Contractor’s Work shall be restricted to the hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway. High Volume Roadways A. Betty Crocker Boulevard between US 169 and General Mills Blvd B. Boone Avenue North between TH 55 and Plymouth Ave C. General Mills Boulevard between Wayzata Blvd and TH 55 D. Golden Hills Drive between Wayzata Blvd and Turners Crossroad E. Golden Valley Road between Boone Avenue and Douglas Drive F. Laurel Avenue between Winnetka Avenue and Xenia Avenue G. Louisiana Avenue South between Laurel Avenue and I-394 H. Noble Avenue North between Golden Valley Road and 34 th Ave N I.North and South Frontage Roads of I-394 J.Olympia Street between Winnetka Avenue and Douglas Drive K. Plymouth Avenue between US 169 and Winnetka Avenue L. Regent Avenue North between Duluth Street and 34 th Ave N M. Rhode Island Avenue between 10 th Avenue and TH 55 N. Wayzata Boulevard all portions in Golden Valley City Limits 48 O. Winnetka Avenue between TH 55 and I-394 P. Xenia Avenue South between Glenwood Avenue and I-394 Q. Zenith Avenue North between 26 th Ave N and Theodore Wirth Pkwy County Roadways A. Douglas Drive North B. Duluth Street between Douglas Drive North and Regent Avenue North C. Glenwood Avenue between TH 55 and Theodore Wirth Parkway D. Golden Valley Road between Regent Avenue North and Xerxes Avenue North E. Medicine Lake Road between TH 169 and Douglas Drive North F. Winnetka Avenue North between TH 55 and Medicine Lake Road 10.Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 11.Care of Work.All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 12.Traffic Control and Maintenance (2563). Contractor shall maintain traffic at all times while performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field Manual and its supplements, or as deemed necessary by the Engineer, when the Work occurs on or adjacent to any street, alley or public place. Contractor shall provide, under the traffic control item, all construction signage and traffic control devices for the protection of persons, property and the Work.Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure to protect the work zone. When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on this project. 13.Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: A. Special Conditions herein Exhibit A, B, and C. B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2013, as prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of Minnesota Cities, St. Paul, Minnesota, except as modified or supplemented in these Special Conditions. The Standard Utilities Specifications are available from the Minnesota Society of Professional Engineers by calling 651.292.8860, or from the CEAM website at http://ceam.org/. C. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its supplements. D. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2020 Edition and its supplements, shall apply, except as modified or supplemented herein. 49 E. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2020 Edition and its supplements, shall apply, except as modified or supplemented herein. 14.Tree and Landscape Preservation. Contractor shall protect existing trees and shrubbery that may be impacted by theWork, including but not limited to, cutting, breaking, orshredding of roots; wounding or scraping of trunksand branches; smothering of root systems bystockpiling of construction materials or excavated materials within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. All branches that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture Standards by the end of the workday. Contractor shall have on-site an approved wound dressing to be applied to freshly cut branch ends immediately (within 10 minutes) after damage to prevent Emerald Ash Borer disease. Contractor shall also notify the Engineer immediately of any damaged branches. When excavating near trees, Contractor shall cutcleanly back to the soil line, allexposed, shredded or torn roots greater than 1-½” in diameter, with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no direct compensation. When excavating or sloping within fifteen (15) feet of anytree, Contractor shall coordinate all such efforts with the Assistant City Forester. Standard excavation procedures may need to be modified for large trees that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on-site an approved wound dressing to be applied to freshly cut root ends immediately (within 10 minutes) after excavation to prevent oak wilt infection. Wound dressing will not be permitted for any other situation other than oaks or ashes damaged by construction before July 1. Contractor shall coordinate all such work with the Assistant City Forester. 15.Sanitary Provisions. Contractor shall observe and comply with all laws, rules, and regulations of the State and Local Health Authorities. In the event of a sewage release, Contractor shall immediately notify the State of Minnesota Duty Officer at the Department of Public Safety at 651.649.5451 and the City Engineer at 763.593.8030. The Duty Officer will instruct Contractor on any further notification procedures. Contractor shall also take immediate action to prevent sewage from entering any water body or storm sewer by directing any such sewage flow into the existing sanitary sewer system. 16.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated herein Exhibit D. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall submit all final quantities to the City within one month after completion of the Work. 17.Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated herein Exhibit A. Contractor shall, not less than ten (10) days prior to said date, make written request to the City for an extension of time for completion, setting forth fully in its request the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work 50 done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time; the City may, in its sole discretion, grant an extension of time for the completion to such date as may seem reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’ notice for such forfeiture. 51 EXHIBIT C CITY OF GOLDEN VALLEY STANDARD DETAILS 52 EXHIBIT D PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Item Number Description Units Quantity Unit Price Total 2021.501 MOBILIZATION LS 1 $7,050.00 $7,050.00 2504.602 ROAD REPAIR EACH 20 $3,450.00 $69,000.00 2504.602 GRASS REPAIR EACH 14 $3,450.00 $48,300.00 2563.601 TRAFFIC CONTROL LS 1 $5,000.00 $5,000.00 TOTAL COST TO PROVIDE SERVICES FOR GATE VALVEREPAIRS $129,350.00 53 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 4, 2023 Agenda Item 3D.3. Approve Purchase of Replacement Outdoor Hockey Rink Dasher Boards, Steel Components, and Fencing for Scheid Park Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant Al Lundstrom, Parks Superintendent Rick Birno, Parks & Recreation Director Summary The Scheid Park outdoor hockey rink is over 35 years old, deteriorating, and in need of replacement. Staff is recommending Becker Arena Products for the replacement materials through the Sourcewell Cooperative Purchasing Program contract #120320-ATH which the City of Golden Valley is a member. The Sourcewell Cooperative Purchasing Program is a municipal contracting government agency that serves education and government agencies nationally through competitively bid and awarded contract purchasing solutions. The purchase includes: Steel components, fencing, all lumber and dasher boards Total for all materials $62,710.00 Financial or Budget Considerations The 2023-2032 Parks Capital Improvement Program includes $65,000.00 for the fencing, steel components, lumber and dasher boards. Legal Considerations Not required, purchase is through the Sourcewell Government Cooperative Purchasing Program contract #120320-ATH. Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to authorize the City Manager to sign purchase agreement for the materials required to replace the Scheid Park outdoor hockey rink for a total of $62,710.00. 54 Supporting Documents Purchase Order for Outdoor Hockey Rink with Becker Arena Products 55 beckerarena.com Customer #: 207731 Sourcewell ID: 21219 Quotation #: Schied Park ODR Revision #: Date: March 16, 2023 Proposal Expiration Date: April 16, 2023 Sales Consultant: Dan Mehren Prepared For: Project Location: Al Lundstrom Schied Park Golden Valley, City of 1856 Toledo Ave. N 7800 Golden Valley Rd Golden Valley MN 55427 Golden Valley MN 55427 Thank you for considering Becker Arena Products, Inc., we appreciate the opportunity… Benefits of Choosing to Partner with Becker Arena Products • A stable and reliable company since 1988 • A staff with in-depth knowledge of the industry and products • Quality products that last • Experienced and professional installers • Excellent customer service • Worry Free Projects – Guaranteed This system is available through the Sourcewell Cooperative Purchasing Program at discounted pricing. BECKER ARENA PRODUCTS, INC – VENDOR CONTRACT #120320 - ATH • Sourcewell is a municipal contracting government agency that serves education and government agencies nationally through competitively bid and awarded contract purchasing solutions. Over 47,000 Member agencies enjoy the value and commitment of the world-class Sourcewell awarded Vendors. Take advantage of the cooperative purchasing discounts shown here in this quotation mentioning our contract #120320 - ATH when ordering. You must be a member and contracting authority. Ask your salesperson for a copy of the Sourcewell Contract Purchasing information Per our recent discussion, please see below for Sourcewell pricing for the BAP 4.0 Wooden Dasher board system. Installation not included, by others. BAP 4.0 DASHER BOARD SYSTEM Becker Arena Products, Inc. shall furnish one BAP4.0 Outdoor hockey dasher board system. The pricing is based on the information furnished and will include the following items and features. DASHER MATERIALS Rink size 197’ x 85’ x 20’ radius - Approximately 530 lineal feet of dasher material [Ring only] - 48” high galvanized steel frame components 56 beckerarena.com Page 2 - Vertical dasher supports to be anchored directly into grade, Steel posts pounded in, approximately 4’ embedment - 10’ high 2” schedule 40 galvanized pipe dasher board supports for the ends and radius corners of rink and the chain link fence - One (1) frame only for a 12'-0" straight “Lift Out” gate system (planks) - One 36’ player access gates, straight, with HD hinges and lift latches - All steel framing components hot dip galvanized after fabrication - 2 x 10 x 10’ long treated lumber for the sides and straight ends - 2 x 6 x 4’ long treated lumber for the radius corners (Positioned vertically) - Dasher panels to be assembled on site - Includes all hardware required for installation CHAIN LINK FENCING - Support posts for 6’ high fence fabric - 216 lineal feet of 6’ high x 9-gauge galvanized chain link fabric with three horizontal support rails and all hardware for a complete installation - Four (4) each shield termination pads DELIVERY - Freight to Golden Valley MN has been estimated and included in the total dasher pricing. Due to the volatility in transportation and freight rates, Becker Arena Products reserves the right to adjust the total price to match the actual freight rates incurred on the date of shipment(s). Total Sourcewell Price, Material and Freight Accept _____ $ 62,710.00 Material Price Escalation & De-Escalation Clause (Due to the volatility of all components of the above dasher board system) • In the event that the price of any of the material(s) used in the Becker Arena Products, Inc. production of the above product increase or decrease by 3% or greater from the price used for that material(s) at the time the quote was signed, then the price for the material(s) in the contract between Becker Arena Products, Inc. and the purchaser shall be increased or decreased to reflect the additional or reduced cost to obtain that material or materials. Purchaser agrees that Becker Arena Products, Inc. shall be entitled to an adjustment to the contract price to reflect and price increases of material(s) that occur as a result of Becker Arena Products, Inc. incurring additional costs when ordering materials. Please Note: Taxes are the responsibility of the purchaser. Prices do not include special insurance requirements, bonding, or applicable permits and/or license fees. Prices subject to site visit and/or receipt of final construction drawings and specifications. If sales tax is applicable, it will be added to the proposal totals and noted on a Contract Summary Sheet that will be sent back with your executed contract. All payment terms are based on credit approval. Our Standard Payment terms are: 50% due upon placement of order $ __________________ 50% due 10 days prior to shipment $ __________________ 57 beckerarena.com Page 3 The above payment amounts will be filled in based on total contract price and any applicable sales tax and sent back on the Contract Summary Sheet with your executed contract. We are looking forward to the opportunity of working with you on your project and if we can be of further assistance please do not hesitate to call. This proposal is subject to Becker Arena Products, Inc. Standard Terms and Conditions and Limited Warranty and may be withdrawn without penalty at any time before contract execution. If accepted, please sign and return this copy to Becker Arena Products. When approved and signed by one of our officers a fully executed copy will be forwarded for your records. This pro posal is subject to change, withdrawal or cancellation until accepted by you. If Becker Arena Products, Inc. have not received your acceptance within 60 days from the date hereof, this proposal shall automatically expire. Becker Arena Products, Inc. retain s a security interest in all products covered in this agreement until all payment terms have been met. In addition, the purchaser agrees to sign any additional documents for Becker Arena Products, Inc. to perfect its security interest in the products. Proposal/Contract # Schied Park ODR is accepted with initialed options: _____________________________ Becker Arena Products, Inc. ___General Manager____________ Title ____Jeff Brosz_________________ Print Name _____________________________ Today’s Date ___#120320 - ATH _____________ ___________________________________ SHEPARD M. HARRIS, MAYOR APRIL 4, 2023________________________ Today’s Date ___________________________________ TIMOTHY J CRUIKSHANK, CITY MANAGER Sourcewell Contract ID 58 beckerarena.com Page 4 BECKER ARENA PRODUCTS INC. STANDARD TERMS AND CONDITIONS OF SALE ‐ EFFECTIVE JANUARY 2021 1. Definitions. In these terms ‐"Seller" means the seller of the Goods as defined herein; "Buyer" means the entity purchasing the Goods, including any successors thereof; "Goods" means the goods, products and materials manufactured, imported, supplied and/or delivered for or by Seller t o Buyer, as such were approved by Seller in reply to Buyer's order and accordingly listed in the Approval of Order; "Approval of Order", in respect of any Buye r's order, means the instrument issued by Seller, bearing the same reference number of such order and specifying, among any other terms, the items of Goods, including their respective price and quantity, which shall be supplied to Buyer upon such order; "Contr act" means the contract for the supply of Goods which have been ordered by Buyer and specified in Seller's Approval of Order, w hich contract is concluded based on these Terms and Conditions of Sale unless otherwise specified in the Approval of Order. 2. Payment. Payment for Goods shall be due on or prior to the delivery date of Goods and no discount may be taken. Payments receive d after the due date thereof shall bear a service charge from their due date, at the maximum lawful interest rate applicable, and if none – at the annual rate of 5% above the base rate from time to time of the central bank of the place of Buyer's incorporation. All payments shall be made to Seller's designated bank account in the same currency and for the same amounts as specified in the Approval of Order. 3. Prices, Duties and Taxes. Prices specified in the Approval of Order are net, excluding packaging, and shall be deemed Ex‐works (Incoterms 2000 as amended). Prices are based, inter alia, on production costs for supplies, labor, deliveries, duties, and services current on the order date. I n the event of material increase in any such costs, Seller reserves the right either to adjust the prices for Goods accordingly, or to cancel any certain part of the sales relating to undelivered Goods. Duties, taxes, fees, levies and other compulsory payments applicable to the sale of Goods any time, as well as freight, express, insurance and delivery charges, shall all be borne and paid in full by Buyer, unless otherwise expressly stipulated. 4. Delivery. Delivery dates noted on the Approval of Order are estimates only, and are not guaranteed, and are all subject to ad justment as determined by the Seller acting reasonably. The acceptance of shipment by a common carrier or by any licensed public truckman shall constitute proper delivery. Risk associated with the Goods shall pass to Buyer on delivery or with the passing of title in the Goods, whichever occurs first; provided however, that where delivery is delayed due to circumstances caused by or within the responsibility of Buyer, risk of loss shall pass to Buyer upon Seller's notification th at Goods are ready for dispatch. 5. Retention of Title. Title shall pass to Buyer only upon full payment by Buyer for the Goods and following payment of any other outstanding debt b y Buyer to Seller. Buyer shall, at Seller's request, take any measures necessary under applicable law to protect Seller's title in the Goods, and lawfully notify Buyer’s present or potential creditors of Seller's title on and interest in the Goods. Buyer acknowledges that so long as title has not been transferred i n the Goods, it holds the Goods as bailee and fiduciary agent for the Seller and shall safely and securely store and keep the Goods separate and in good condition, clearly showing the Seller’s ownership of the Goods and shall respectively record the Seller’s ownership of the Goods in its books. Notwithstanding the above, Buyer may use Goods for its own use, or sell Goods, as fiduciary agent for the Seller, to a third party in the normal course of business by bona fide sale at market value, whereby proceeds of such usage or sale of Goods, as the case may be, shall, to the extent of the amount being owed by Buyer to Seller at the time of receipt of such proceeds, be held by Buyer on trust for Seller and specifically ascertained, until payment in full for all payable debts by Buyer to Seller. 6. Warranty. a) If applicable, Seller warrants that Goods as set out in the warranty applicable thereto given by Seller to Buyer, subject always to the terms and conditions thereof, and subject to use, storage and application thereof in accordance with and based on Seller's standard tolerances, instructions of use and recommendations. b) Unless otherwise restricted by mandatory applicable law, THE WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR USE AND FOR PURPOSE, ANY ADVICE AND RECOMMENDATION AND ANY OBLIGATIONS OR LIABILITIES WHICH MAY BE IMPUTED TO SELLER, ANY AND ALL OF WHICH ARE HEREBY EXPRESS LY DISCLAIMED, DENIED AND EXCLUDED. BUYER EXPRESSLY AGREES THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS AGREEMENT WILL BE CLAIMED OR OTHERWISE ADHERED TO BY BUYER AND/OR BY ANYONE ACTING ON BUYER’S BEHALF AND/OR BY ANYONE DERIVING THE LEGALITY OF ITS CLAIM FROM BUYER, NOR THAT WILL ANY SUCH WARRANTY BE VALID. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, USE OR HANDLING OF ANY AND ALL GOODS SPECIFIED OR CONTEMPLATED BY THIS CONTRACT. NO WARRANTY IS MADE WITH RESPECT TO ANY OF THESE GOODS WHICH HAVE BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, IMPROPER CARE, IMPROPER STORAGE, IMPROPER MAINTENANCE, ABUSE OR MISUSE. 7. Claims and Liability. a) Unless Seller shall within 30 days after de livery of the Goods, receive from Buyer written notice of any matter or thing by reason whereof it is alleged that Goods are not in accordance with the Contract, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the Contract and Buyer shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in res pect of any alleged negligence and/or breach of warranty and/or any condition. b) In any claim, brought subject to the conditions above, Buyer must prove to the satisfaction of Seller that it followed Seller's instructions for use, care, storage, maintenance, handling and application of the Goods. c) Unless otherwise specifi cally restricted by mandatory applicable law, Seller's liability under any claim and in connection with any possible allegation, whether based on negligence, contract , or any other cause of action, shall, if the Seller shall be liable hereunder, be limited to either (i) the replacement of the Goods or the supply of equivalent goods; (ii) the repair, or payment of the cost of repair, of the Goods; or (iii) credit in an amount equal to the purchase price specified in Seller's pertinent invoice, or in an amou nt of equivalent goods, all at Seller's sole option. Buyer acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be other wise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether direc tly or indirectly, arising from the purchase and/or the use of Goods, including without limitation, any actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non‐pecuniary, and it is acknowledged and agreed by Buyer that in no circumstances shall Seller be liabl e for any such damages. Should any limitation on Seller's liability hereunder be held ineffective under applicable law, than Selle r's liability shall in any event be limited to the minimum amount of damages to which Seller may limit its liability, where such is greater than the purchase price as specified in Seller's pertinent invoice. Additionally, any action against Seller must be commenced within one year after the cause of action accrues. d) Buyer, for himself and for any other party which may claim ei ther under or through Buyer, or independently of Buyer, including Buyer's employees, directors, officers, representatives and pers onnel, shall indemnify and hold Seller harmless, from and against any claim or liability for damages in any way relating to the supply or use of the Goods, includin g claims for negligence and including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Goods sold hereunder, whether alleged to have been committed by Seller or by any other person whatsoever. Buyer's undertaking as specified in this subsecti on shall extend and inure to the benefit of Seller and of Seller's successors at any time, as well as to Seller's personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations. e) Any and all warranties, undertakings, guarantees, or assurances provided herein by Seller, are specifically limited to Buyer herein, and not imputed by Seller, whether directly or indirectly, expressly or impliedly, to any other person or entity, including a ny subsequent buyer or user, bailee, licensee, assignee, employee and agent of Buyer. 59 beckerarena.com Page 5 8. Default. Upon failure of Buyer to pay any amounts due to Seller, or in the event of any breach or anticipated breach by Buyer of any Contra ct with Seller, or if Buyer shall either (i) become insolvent, (ii) call a meeting of its creditors, or (iii) make any assignment f or the benefit of creditors, or if (iv) a bankruptcy, insolvency, reorganization, receivership or reorganization proceeding shall be commenced by or against Buyer, then, in each such occasion , Seller may, at its sole discretion, opt to (1) cancel this and any other Contract with Buyer (without waiving any of Seller's rights to pursue any remedy against Buyer); (2) claim return of any Goods in the possession of Buyer, the title of w hich has not passed to Buyer, and enter Buyer’s premises (or the premises of any associated company or agent where such Goods are located), without liability for trespass or any alleged dama ge, to retake possession of such Goods; (3) defer any shipment hereunder; (4) declare forthwith due and payable all outstanding bil ls of Buyer under this or any Contract; and/or (5) sell all or part of the undelivered Goods, without notice at public and/or on private sale, while Buyer shall be responsible for all costs and expenses of such sale and be liable to Seller for any shortf all in the discharge of the amounts due to Seller. 9. Independent Delivery. Each delivery of Goods shall (without prejudice to Seller's rights under clause 8 hereinabove) be considered a separate contract and the failure of any delivery shall not vitiate any contract as to deliveries of other Goods and payment therefor. 10. Cancellation. Orders manufactured in whole or in part, pursuant to Buyer's specifications, may not be cancelled except with Seller's prior written consent, on terms which will compensate Seller for any resulting losses. 11. No‐Assignment. No rights or obligations of Buyer arising out of this Contract may be assigned without the express prior written consent of S eller. 12. Force Majeure. Should Seller be prevented from effecting deliveries of the Goods or any of them by reason of either an act of god, insurrection, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or combinations or lock‐out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, material or services through Seller's usual and regular sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond th e absolute control of the Seller, then, in each such cases, the obligation of the Seller to effect deliveries hereunder shall be suspended until after such prevention shall cease to continue. Should any deliveries under this Contract be suspended under this clause for more than 90 days – either party may withdraw from this Contract and be relieved from any liability; provided however, that Buyer shall neverthel ess accept delivery and pay for such Goods once the Seller is able to deliver in accordance with the period(s) of shipment named in this Contract. Seller shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned hereinabove. 13. Advice. Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistance or service provided by Seller in relation to the Goods or in respect of their use or application is given in good faith, shall be deemed accepted by Buyer without imputation of any liability to Seller, and it shall be the responsibility of Buyer to confirm the accuracy and reliability of the same in light of the use o f which Buyer makes or intends to make of the Goods. 14. Entire Agreement. This Contract merges the entire terms and conditions for sale of the Goods. In the event of any conflict between the terms herein and any provisions included in the Approval of Order, the latter shall govern and prevail. Subject to the foregoing, nothing specifie d in, or referred to by, any other document, record or instrument whatsoever, which relates to and/or which otherwise subsists in connection with the sale of Goods herein , whether expressly or impliedly, including any written order, request or other standard or specific terms of any entity, shall or may be interpreted to attribute to Seller and/or to Seller's affiliates or representatives (i) any liability, obligation, commitment and/or undertaking, and/or (ii) any waiver in connection with or of any right, whether contractual, proprietary, in‐person am and/or equitable, including but not limited to, any and all intellectual property rights in connection with the Goods, which are and shall always remain in the Seller's exclusive and complete ownership under all circumstances whatsoever, notwithstan ding any sale of Goods hereunder and whether the Goods shall be standard Goods or manufactured to a specific order. No modification or waiver of any provision her eof shall become valid and effective except upon a written instrument duly signed beforehand by Seller. No waiver by either party of any default of the other party shall be deemed a waiver of any subsequent or other default. If any provision of this Contract becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, the balance of this Contract shall continue in full force and effect without the provision. 15. Law and Arbitration. This Contract shall be governed by and construed in accordance with the laws of the state of Seller's incorporation. Any disp ute arising out of or in connection with this Contract shall, if so determined by the Seller, be finally settled by arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce ("ICC"), as shall be in effect from time to time, and if so determined, the balance of this Section shall apply. The arbitration shall be held at such location in the state of Seller's incorporation as shall be determined by Seller, in its sole discretio n. The arbitrator shall be mutually appointed by Seller and Buyer within 21 (twenty‐one) days following a written demand for arbitration by either of the parties. Failing to reach an agreement regarding the nomination of an arbitrator, the head of the relevant ICC national committee (located in the Seller's country of incorporation; and absent such local committee in that specific country – the ICC UK Committee (www.iccuk.net)) shall appoint an arbitrator at the request of any of the parties, a copy of which request. for the appointment of an arbitrator shall be provided by the requesting party to the other party. Awards may be enforced in accordance with the 195 8 New York Convention and judgment may be entered upon any award in any court having jurisdiction over the parties and/or their as sets. The arbitrator's fees shall be paid by both parties in equal parts unless otherwise determined by the arbitrator. This provision shall survive any termination of an y of the terms and conditions herein and shall be deemed to constitute an independent arbitration agreement between Buyer and Seller for all purposes and intents. 16. Dasher Board Systems 1. Seller may choose whether or not to produce the rink according to its production schedule. If they produce the rink on schedu le, it will be stored at Becker Arena Product’s location of business and storage fees will be charged to the Purchaser at the rate of US $300 per week. A ll payments will be due according to the terms from the original ship date. If the Seller chooses to delay production to coincide w ith the new ship date, no storage fees will apply, and payment will be due according to the terms from the original ship date. If contract terms are paid in full prior to shipp ing, the time will start from the original ship date and not the adjusted ship date. 2. A new shipping installation date will be coordinated with Seller's installation department and confirmed with the Purchaser. The Seller will reschedule the installation for the next available date according to the Seller’s installation schedule. In some cases, the site delay may cause additional charges. This includes, but is not limited to, wages, remobilization, and equipment rental, to be paid by the Purchaser. 3. If the Purchaser's site is not ready when the Seller's installation crew arrives, additional costs will be charged to the Purchaser. This includes, but is not limited to wages, travel, lodging, meals, equipment rental and changes in Becker Arena Product’s installation schedule. 17. General Site Requirements. The following criteria must be met, or extra charges may apply, and delays will be incurred, if the site is not in compliance when Seller is ready to deliver and install the goods: 60 beckerarena.com Page 6 1. Concrete and Floor Work: All concrete work is to be completed and allowed to cure, according to job specifications and/or refrigeration contractors requirements, before the date installation is scheduled to begin. 2. The levelness of the perimeter concrete, where the rink is to be installed, must be within 1/8" of levelness for ev ery 10' in length and no more than 1/4” difference in height over the length and width of the perimeter surface. 3. For sand floors, the first 6" from the front of the curb, where the rink is to be installed, must be within 1/16" of flatness from the inside edge outward and meet the levelness and flatness conditions specified above, Sand floors are not to be final graded prior to dasher board installation. 4. Expansion joints, which are to be covered completely by the rink, are to be within 1/2” of straightness from end to end and side to side. The distance from side to side and end to end of the outside edge of the expansion joint is to be within 1/2” of the required dimension fo r the frame to cover it. 5. If, upon arrival, the perimeter concrete is inspected and does not meet the specifications for levelness, flatness, straightness and size, the following will occur: 6. Seller's Representative will determine if rink can be shimmed or adjusted/cut to achieve desired levelness, fit and/or expans ion joint coverage while maintaining the structural integrity of the rink. If so, the additional time and materials to do this will be paid by the Pur chaser. A change order must be filled out by the Seller's Representative and signed by the Purchaser before any work commences. 7. If the rink cannot be shimmed or adjusted to the desired levelness and/or coverage while maintaining the structural integrity of the rink, the Purchaser will be responsible for fixing the surface to meet specifications. All associated costs for this are the sole responsibility of the Purchaser. 8. The Seller will accept contracts that are retrofit projects with the understanding that the condition of the underlying perim eter concrete work meets the specifications stated above. If, after removal of the existing rink, the concrete does not meet these conditions, points “1” and “2” from above will apply. 18. Requirements for Rink Installations: (Refer to the enclosed Site Requirements) 1. Walk Through Inspection. When Seller's work is complete or near complete, Purchaser or the Purchaser's Representative (including general contractors and architects) must be available for a final walk-through inspection with the Seller's Representative. Any parties who do not attend the walk through will forfeit their right to submit punch list items. A final punch list of items to be completed or repaired will be prepared as a result of this walk through. Any item not included on the final “punch list” will not be the responsibility of the Seller unless it is cover ed by the Seller's Warranty. 2. Shop Drawings and Non-standard Shielding. Preparation of shop drawings will not commence until after the signed contract has been delivered to Sell er. Production will not commence until Seller receives approved shop drawings. Field measured; tempered glass (non-standard sizes) may require an additional 3-4 weeks for delivery after completion of installation. Any field measured tempered glass to be installed by purchaser. 3. Polyethylene. All polyethylene used to manufacture the rink shall be virgin material. All colors shall match within manufacturer's tolerance. 4. Seller will not be responsible for replacing polyethylene that conforms to manufacturers color tolerance. During manufacturin g, all panels shall have the polyethylene overhang past the frame a minimum of 1/16” on each end to allow for contraction of the material due to temperature change in the field. Seller shall not be responsible for material contraction gaps between panels due to temperature change if it adheres to these manufacturing requirements. 5. Material Check-in. (Installation supervision and supply only contracts) The Purchaser shall be responsible to verify the shipment for quanti ties and any damage caused from shipping for jobs that include installation supervision or are supply only. Any quantity variances and/or damage must be noted and reported to the Project Manager by filling out the Material Check-in Form and faxing it to the Project Manager. Missing/damaged items must be reported within 24 hours of receipt to receive credit. All boxes will be clearly marked by the Seller. The Ship list will clearly identify the contents and quantities of the shipment. It is the responsibility of the Purchaser to verify that all box numbers in the hardware crate are acc ounted for, not to open and count each individual item per box. The Purchaser must count anything that is not boxed. 61 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 4, 2023 Agenda Item 3D.4. Approve Independent Contractor and Court Rental Agreement with Twin City Tennis Camps Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant Greg Simmons, Recreation & Facilities Supervisor Rick Birno, Parks & Recreation Director Summary Parks and Recreation staff is recommending an Independent Contractor and Court Rental Agreement with Twin City Tennis Camps (TCTC) to provide tennis instruction and programs for youth and adults at tennis courts throughout Golden Valley. TCTC will be offering services on Golden Valley tennis court facilities as an independent contractor. Financial or Budget Considerations The independent contractor will pay rental fees for use of all the tennis facilities. Legal Considerations The contract is a Golden Valley professional services agreement approved by the City Attorney. Equity Considerations Providing unbiased programs and services that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to authorize City Manager to execute Independent Contractor and Court Rental Agreement with Twin City Tennis Camps. Supporting Documents TCTC Independent Contractor Rental Agreement 2023.pdf 62 INDEPENDENT CONTRACTOR & COURT RENTAL AGREEMENT THIS AGREEMENT is made this April 10, 2023 (“Effective Date”) by and between Twin City Tennis Camps (Inc.) a Minnesota corporation with its principal office located at 8014 Olson Memorial Highway, Ste. 102, Golden Valley, Minnesota (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A.Contractor is engaged in the business of providing tennis instruction. B.The City is the owner of tennis courts located at the Golden Valley Parks named in the attached Exhibit A in Golden Valley, Minnesota (the “Facilities”). C.Contractor desires to rent from the City and the City desires to rent Contractor tennis court time at the Facilities. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows: AGREEMENT 1.Facility Use. The City agrees to rent court time to Contractor for the times and dates shown on the attached Exhibit A and in accordance with the terms of this Agreement. Such schedules may be amended from time to time upon the written agreement of both parties’ representatives, or as deemed necessary at the discretion of the Parks & Recreation Director. Contractor may request additional court time, which the City may grant or deny in its own discretion. Any additional court time shall be subject to additional fees. Contractor may make written request to reduce court time thirty (30) days prior to use as scheduled in exhibit A. Requests to reduce court use made no less than thirty (30) days prior to scheduled use will incur the originally scheduled use fees. Contractor shall use and occupy the Facilities solely for the purpose of providing the services described herein and in accordance with the terms of this Agreement. 2.Other City Services. In addition to the Facility use described in paragraph one above and at the Contractor’s expense, the City shall be responsible for the following services: a.Promotion: The City shall promote Contractor’s programs in one to two full pages of advertising in its Spring/Summer catalog and one-half to one page in its Fall catalog. Contractor will work with Golden Valley Park and Recreation staff for layout and catalog deadlines. b.Bathrooms: The City shall clean the permanent bathrooms located at the Brookview Park tennis building and all portable bathrooms on City property. Contractor’s staff shall support the daily disinfecting schedule on the weekends using an approved disinfectant product provided by the city. c.Trash and Recycling: The City shall provide trash and recycling containers onsite as needed. The City shall remove all trash and recycling on a regular weekly schedule. 3.Term. This agreement will commence on ??, 2023 and will continue until October 31, 2023. 63 4. Services. With respect to its programming, Contractor agrees to provide the services as described in the attached Exhibit B (the “Services”). All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 5. Time for Completion. The Services shall be completed on the dates specified in the attached Exhibit A, provided that the parties may extend the stated deadlines upon mutual written agreement. Notwithstanding paragraph 3 above and except as otherwise provided herein, this Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of Contractors programs, unless terminated by the City or amended pursuant to the Agreement. 6. Consideration. Contractor shall pay the City: a. $7.00 per hour of court usage + applicable taxes. b. 100% of the cost of renting and cleaning the rented portable toilets at the Facilities. c. $300 per month of use for the Brookview Tennis Building for the months of June, July, and August. d. $200 per month for support fees including additional bathroom cleanings, utilities, and increased trash and recycling removal. e. $250 per page of promotion in Park and Recreation Catalog. The City shall invoice Contractor on a monthly basis and Contractor shall make all payments by check payable to the City of Golden Valley within ten (10) days of invoice. All fees shall be considered fully earned by the City upon receipt by the City. Any expenses incurred by the Contractor pursuant to providing the Services, including but not limited to travel and phone expenses, are the sole responsibility of the Contractor. 7. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to complete payment within ten (10) days of invoice; or e. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. Notwithstanding anything to the contrary herein, if at any time the actions of the Contractor and/or their staff compromise the physical, mental or emotional safety of a participant (as determined by the City), the City shall have the right to immediately suspend Services until the issue has been resolved or the contract terminated. In the event of a termination, Contractor shall pay the City for court time used to the date of termination. 64 8. Miscellaneous. a. Contractor shall make financial aid available for residents of Golden Valley following the guidelines of the Park and Recreation Department Financial Aid. 9. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 10. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 11. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 12. Waiver. Contractor waives all its rights against the City for damages covered by property insurance. Contractor shall require a similar waiver from all its consultants and subcontractors, if any. Contractor waives all of its rights of recovery against the City because of deductible clauses in, or inadequacy of limits in, any policies of insurance that are in any way related to the work and that are secured and maintained by Contractor. Contractor waives any of its rights of recovery against the City because of a lack of insurance coverage. Contractor shall require similar waivers from all of its consultants. Contractor shall waive all of its rights of recovery against the City for loss or damage to any of its equipment, machinery, tools or property that is used in connection with this Agreement. Contractor shall require a similar waiver from all its consultants and subcontractors. 13. Insurance. Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement, the following minimum insurance coverages: a. Comprehensive General Liability. Contractor shall maintain commercial general liability insurance in a minimum amount of $2,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, personal injury, advertising injury, and contractually assumed liability. The City shall be named as an additional insured. b. Automobile Liability. If Contractor transports any program participants in its vehicles, the Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum combined single limit of $2,000,000 per occurrence. 65 c. Workers’ Compensation and Employer’s Liability. Contractor agrees to provide workers’ compensation insurance for all of its employees in accordance with the statutory requirements of the State of Minnesota. Within ten days of the effective date of this Agreement and thereafter upon the City’s request, Contractor shall provide a certificate of insurance as proof that the above coverages are in full force and effect. These insurance requirements may be met through any combination of primary and umbrella/excess insurance. Contractor’s policies shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Contractor’s performance under this Agreement. Contractor’s policies and certificate of insurance shall state the coverage afforded under the policies shall not be cancelled without at least 30 days’ advanced written notice to the City. Without prejudice to any other right or remedy, if Contractor fails to obtain the required insurance, the City may elect to obtain equivalent insurance to protect Owner’s interests at Contractor’s expense and the consideration shall be adjusted accordingly. 13. COVID-19. In accordance with all applicable City, state, and federal laws, ordinances, rules and regulations related to the ongoing COVID-19 pandemic, Contractor agrees to the following: a. Contractor shall be solely responsible for all safety precautions at the Facilities during the time it is conducting its activities. b. Contractor shall at all times abide by all applicable state, federal and City rules, laws and ordinances. The City reserves the right to immediately terminate this Agreement without notice if Contractor does not abide by the requirements of this Paragraph 13. 14. Assignment and Subcontracting. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 15. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 16. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Contractor agrees to provide the Services. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, 66 representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 17. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Contractor, and supersedes any other written or oral agreements between the City and Contractor. This Agreement may only be modified in a writing signed by the City and Contractor. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. 18. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 19. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 20. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 21. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City’s sole discretion. 22. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 23. No Discrimination. Contractor agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 67 24. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Rick Birno, the Parks and Recreation Director of the City, or designee. Contractor’s authorized agent for purposes of administration of this contract is Daniel Nabedrick, or designee who shall perform or supervise the performance of all Services. 25. Notices. Any notices permitted or required by this Agreement shall be deemed given when mailed, personally delivered or emailed to: CONTRACTOR THE CITY Daniel Nabedrick Twin City Tennis Camps 8014 Highway 55, Ste. 102 Golden Valley, MN 55427 dnabedrick@twincitytenniscamps.com Rick Birno, Parks & Recreation Director City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 rbirno@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 29. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 30. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 31. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. 68 IN WITNESS WHEREOF, the City and Contractor have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. TWIN CITY TENNIS CAMPS (INC.): CITY OF GOLDEN VALLEY: By: _________________________________ By: _________________________________ Name: ______________________________ Shepard M. Harris, Mayor Title: _______________________________ By: _________________________________ Timothy J. Cruikshank, City Manager 69 EXHIBIT A FACILITY USE SCHEDULE SPRING Brookview Monday Tuesday Wednesday Thursday Friday Saturday Sunday 4/10-6/3 6-8 PM 6-8 PM 6-8 PM 6-8 PM 10 AM-12 PM 2 courts 2 courts 2 courts 2 courts 2 courts NOTES: No TCTC on Monday, May 29 SUMMER Brookview Monday Tuesday Wednesday Thursday Friday Saturday Sunday 6/5-6/10 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 10 AM-12 PM 4 courts 4 courts 4 courts 4 courts 4 courts 2 courts 6-8 PM 6-8 PM 6-8 PM 6-8 PM 6-8 PM 2 courts 2 courts 2 courts 2 courts 2 courts Brookview Monday Tuesday Wednesday Thursday Friday Saturday Sunday 6/12-8/24 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 10 AM-12 PM 6 courts 6 courts 6 courts 6 courts 6 courts 2 courts 6-8 PM 6-8 PM 6-8 PM 6-8 PM 6-8 PM 2 courts 2 courts 2 courts 2 courts 2 courts Brookview Monday Tuesday Wednesday Thursday Friday Saturday Sunday 8/24-9/1 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 10 AM-12 PM 4 courts 4 courts 4 courts 4 courts 4 courts 2 courts Wesley Monday Tuesday Wednesday Thursday Friday Saturday Sunday Weeks of 6/12, 6/19, 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 9 AM-4 PM 8/14, & 8/21 4 courts 4 courts 4 courts 4 courts 4 courts NOTES: No TCTC on Tuesday, July 4 Saturday, June 10: Brookview move to Wesley 2 courts Please Note: No tennis courts or any other facility use will be allowed until Indpendant Contractor and Court Rental Agreement is signed and approved by Golden Valley City Council. Beyond this schedule, any additional courts must be approved by the Recreation and Facilities Supervisor. 2023 TWIN CITY TENNIS CAMP SCHEDULE 70 EXHIBIT B CONTRACTOR SERVICES It is understood that the Contractor is experienced and trained to provide tennis recreation program services and that the City requires such services. Therefore, it is hereby agreed that Contractor shall be solely responsible for providing tennis instruction services (the “Services”) in accordance with the following standards: 1. Instruction: a. Contractor shall be a member of the United States Tennis Association (“USTA”) and follow all USTA guidelines for tennis instruction. b. Contractor shall complete background checks on all of its instructors. c. Contractor shall provide concussion training, as provided through the Center of Disease Control and Prevention website, for all of its instructors. d. Copies of all staff’s background checks and Concussion Training Certificates shall be made available upon request to Golden Valley Parks and Recreation. e. All of Contractor’s instructors shall be at least 16 years of age or older. 2. Supplies: a. Contractor shall provide all necessary supplies and staff, including. Including all supplies needed to protect staff and program participants from Covid 19. b. Contractor shall remove all supplies from the Facilities at the end of program. Contractor shall remove all teaching aides, supplies, additional signage, etc. at the end of each daily program. c. Contractor may have clocks and court caddies on the court. Clocks and caddies may stay on the courts for the duration of the season. The City is not responsible for damaged or stolen items. d. Contractor shall retrieve all tennis balls and other supplies from the area at the conclusion of each day. 3. Registration and Communication: a. Contractor shall be responsible for all aspects of registration. b. Contractor shall have a working website and access for phone communication for all participants and Golden Valley Parks and Recreation staff. c. Contractor shall use best efforts to accommodate the registration requests of Golden Valley residents before the registration requests of non-Golden Valley residents. . d. Contractor shall offer fee assistance for Golden Valley residents who request financial assistance. 4. Facility Use: a. Contractor shall submit all facility repair requests in writing or via email to City staff. Contractor shall not make any changes to the Facilities without written approval from the City. b. Contractor shall maintain a neat and orderly operation for the duration of the program. Contractor shall pick up all recycling, garbage, and debris and place them in appropriate containers at conclusion of each day. c. Any additional Facility usage above and beyond the contracted days and times must be requested and approved and will be subject to additional charges. d. Requests to reduce court use made no less than thirty (30) days prior to scheduled use will incur the originally scheduled use fees. 71 d. Contractor may use the Brookview Tennis Court building office area beginning June 1, 2023 and ending August 31, 2023. The City shall supply up to 4 keys for the Brookview tennis building office area. Contractor shall return all keys to the City by Sept. 31, 2023. 5. Permits/Ordinance: a. Contractor shall follow City signage guidelines as directed by Parks and Recreation Staff. Contractor may post one banner/sign per two tennis courts. Banners/signs are not allowed on any City building. b. If Contractor wishes to sell merchandise, Contractor must obtain a permit from the City. 6. Safety: a. Contractor shall provide first aid kit, ice, and safety supplies. b. Contractor shall report to the City all injuries that occur on City property or during the Program. c. Contractor will be expected to follow all Covid 19 safety procedures as outlined by the State of Minnesota and the Centers for Disease Control and Prevention, and as otherwise required in this Agreement. 7. Transportation. If the Contractor transports, or provides any transportation services to, any participants in the tennis recreation program then: a. If the Contractor transports any minor it shall obtain the written consent of the parent or guardian of such minor prior to transporting such minor; b. The transportation services provided to any participants shall be provided in accordance with all applicable laws and regulations; and c. Contractor shall maintain automobile liability insurance as required under the Independent Contractor Agreement. 72 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 4, 2023 Agenda Item 3E. Adopt Resolution No. 23-017 Approving Amendment to Compensation and Classification Tables Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary City leadership across multiple departments continue to regularly review current positions to ensure that job descriptions are updated and new positions are added to enhance operational efficiencies. Within the last month, the police department added a Police Lieutenant position and a non-sworn Investigator position. Additionally, the Communications Specialist position has been updated, and regraded to reflect those changes. The City continues to use David Drown and Associates to grade and classify positions. Financial or Budget Considerations The budget impact will be absorbed into the City's 2023 general fund budget. Legal Considerations The City contracts with DDA to grade all of the positions and ensure compliance with applicable Minnesota Local Government Pay Equity laws. Equity Considerations This reclassification aligns with the City's equity pillar: Economic Prosperity for All. Recommended Action Motion to Adopt Resolution No. 23-017 Approving Amendment to Compensation and Classification Tables. Supporting Documents Resolution No. 23-017 - Approving Amendment to Compensation and Classification Tables 73 RESOLUTION NO. 23-017 RESOLUTION APPROVING IMPLEMENTATION OF 2020 COMPENSATION STUDY AND ESTABLISHING COMPENSATION GRID AND CLASSIFICATION TABLE WHEREAS, in 2020, the City conducted a full compensation and classification study (the “Study”) to ensure the City is paying competitive and fair wages to its employees; and WHEREAS, on December 15, 2020 the City Council approved implementation of the Study; and adopted the compensation grid for the City: WHEREAS, on December 15, 2020 the City also adopted a Classification Table that assigned a grade to each position within the City; and WHEREAS, positions are routinely reviewed and reclassified according to position responsibilities; and the Council approved changes to the classification table by Resolution 21-13 on March 16, 2021; and by Resolution 21-38 on May 18, 2021; and by Resolution 21-114 on December 21, 2021, and by Resolution 22- 048 on May 3, 2022, and by Resolution 22-120 on December 20, 2022; and by Resolution 23-007 on February 7, 2023; and WHEREAS, in alignment with the City’s values of communication and accountability, it is the City’s practice for the City Council to review and adopt the Compensation Grid and Classification Table annually. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that: 1. The City hereby adopts the following 2023 Full-Time & Part-Time Regular Compensation Grid effective January 1, 2023: Grade Compensation Grid 4.90%4.90%4.90%4.90%4.90%4.90% 1 2 3 4 5 6 7 1 $19.81 $20.78 $21.79 $22.87 $23.99 $25.16 $26.39 2 $20.99 $22.02 $23.10 $24.24 $25.42 $26.67 $27.96 3 $22.25 $23.34 $24.48 $25.68 $26.93 $28.26 $29.64 4 $23.59 $24.74 $25.96 $27.22 $28.56 $29.95 $31.43 5 $25.24 $26.47 $27.77 $29.14 $30.56 $32.05 $33.62 6 $27.00 $28.33 $29.72 $31.17 $32.69 $34.30 $35.98 7 $28.35 $29.74 $31.19 $32.72 $34.33 $36.01 $37.78 8 $29.48 $30.93 $32.45 $34.03 $35.70 $37.45 $39.28 9 $30.67 $32.18 $33.75 $35.40 $37.14 $38.95 $40.86 10 $32.20 $33.77 $35.43 $37.16 $38.99 $40.90 $42.90 11 $36.39 $38.17 $40.05 $42.00 $44.06 $46.23 $48.48 12 $38.56 $40.46 $42.44 $44.52 $46.70 $48.99 $51.39 13 $40.50 $42.48 $44.56 $46.74 $49.04 $51.44 $53.96 74 14 $42.12 $44.18 $46.35 $48.62 $51.00 $53.50 $56.12 15 $44.22 $46.38 $48.66 $51.05 $53.54 $56.17 $58.93 16 $46.88 $49.17 $51.57 $54.11 $56.75 $59.53 $62.67 17 $49.70 $52.13 $54.68 $57.36 $60.17 $63.12 $66.21 18 $54.16 $56.81 $59.60 $62.52 $65.58 $68.79 $72.16 19 $56.87 $59.65 $62.57 $65.64 $68.86 $72.23 $75.77 20 $59.71 $62.63 $65.70 $68.92 $72.30 $75.84 $79.56 21 $62.70 $65.78 $68.99 $72.38 $75.92 $79.64 $83.53 22 $66.46 $69.71 $73.13 $76.71 $80.47 $84.41 $88.55 23 $70.44 $73.89 $77.52 $81.32 $85.29 $89.48 $93.86 2. The City hereby adopts the following updated Full-Time & Part-Time Regular Classification Table: Grade Positions 1 2 Guest Services Specialist 3 Administrative Assistant –Fire Department Brookview Events Coordinator Community Service Officer Police Department Office Assistant Recreation Coordinator 4 Administrative Assistant –Inspections Administrative Assistant – Parks And Recreation Engineering Assistant Inspections & Development Assistant Lead Community Service Officer Lead Cook Turf Maintenance Assistant 5 Accounting Technician Assessments/Accounts Payable Technician Motor Vehicle License Clerk Planning Assistant Police Assistant Public Works Assistant 6 Facilities Maintenance Specialist Executive Assistant - City Manager’s Office Inspections Administrative Specialist Physical Development Assistant/Deputy City Clerk Utility Billing Specialist 75 7 Golf Operations Coordinator Maintenance Worker/Mechanic Park Maintenance Worker Restaurant & Catering Coordinator Street Maintenance Worker Sustainability Specialist Turf Equip Technician /Mechanic Utilities Maintenance Worker Web/Graphic Designer 8 Communications Specialist Community Connections and Outreach Specialist Executive Chef Fire Inspector I Information Technology Technician Public Works Inspector Utilities Specialist Vehicle Maintenance Worker/Mechanic 9 City Forester Engineering Technician II Police Investigator – Non-Sworn Park Maintenance Field Supervisor Street Maintenance Field Supervisor Utilities Maintenance Field Supervisor Vehicle Maintenance Field Supervisor Water Distribution Specialist 10 Assistant Golf Operations Manager Engineering Technician III GIS Specialist Planner Police Support Services Supervisor Water and Natural Resources Specialist 11 Accountant Building Inspector Crime Analyst Supervisor Deputy Registrar Supervisor Greens & Turf Specialist Human Resources Generalist Information Technology Specialist Patrol Officer Payroll Accountant Recreation & Facilities Supervisor Recreation Supervisor 12 Deputy Fire Marshal Golf Maintenance Supervisor Restaurant & Catering Manager 13 City Clerk Equity and Inclusion Manager 76 14 Accounting Supervisor Assistant City Engineer Environmental Resources Supervisor Golf Operations Manager Park Superintendent Street And Vehicle Maintenance Superintendent Utilities Superintendent 15 Assistant Fire Chief Building Official Sergeant 16 Housing and Economic Development Manager Information Technology Manager Planning Manager 17 Police Lieutenant 18 City Engineer Communications Director Assistant Police Chief 19 Community Development Director Finance Director Fire Chief Parks & Recreation Director Public Works Director 20 21 City Attorney Deputy City Manager/Human Resources Director Police Chief 22 23 City Manager 3. The City hereby adopts the following 2023 Seasonal, Variable Hour, Temporary and Intern Positions Compensation Grid, effective March 1, 2023: Steps 1 2 3 4 5 6 7 Grade 1 $11.81 $12.42 $13.01 0 0 0 0 2 $12.63 $13.28 $13.92 $14.57 $15.20 $15.84 $16.30 3 $13.16 $13.82 $14.48 $15.18 $15.84 $16.51 $16.96 4 $13.63 $14.45 $15.16 $15.85 $16.57 $17.27 $17.73 5 $13.87 $14.98 $15.71 $16.45 $17.18 $17.98 $18.46 6 $15.10 $15.53 $16.77 $17.33 $18.07 $18.97 $19.44 7 $17.72 $18.54 $19.26 $19.96 $20.75 $21.51 $21.98 4. The City hereby adopts the following 2023 Seasonal, Variable Hour, Temporary and Intern Positions Classification Table: 77 Grade Position 1 Starter/Ranger Warming House 2 316 Restaurant Positions: Bartender Server Dishwasher/Bar‐Back Election Judge (Step 6) Indoor Playground Attendant Park & Reaction Seasonal Athletics: Playground Leader Field Attendant Sports Instructor Golf Operations: Beverage Cart Attendant Par 3 Cashier Range Supervisor 3 Election Captain (Step 6) Pro Shop Cashier 4 Community Center Attendant Golf Maintenance Operator Parks and Recreation Program Specialist 5 Golf Office Assistant Pathways Intern 6 Community Health Worker Intern Golf Maintenance Technician Lead Pro Shop Cashier Park and Recreation Intern Seasonal Public Works Worker 7 Assistant Senior Program Coordinator Banquet and Restaurant Staff Coordinator Cook Community Development Intern Elections Assistant Engineering Intern Golf Staff Coordinator Guest Services Lead Human Resources Assistant Water Resources Intern 5. The City hereby adopts the following paid on-call firefighter compensation, effective January 1, 2023: Battalion Chief $25.34 Per Hour Captain $23.47 Per Hour Lieutenant $21.77 Per Hour Firefighter $18.91 Per Hour Firefighter-Apprentice $16.07 Per Hour Firefighter in Training $12.93 Per Hour 78 6. The Council shall approve all classification changes that increase the budget. Changes to job title and other modifications that do not increasethe budget shall not require Council approval. The most current Job Classification Grid shall be kept on file with the Human Resources Department. Adopted by the City Council of Golden Valley, Minnesota this 4th day of April, 2023. ______________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk 79 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 4, 2023 Agenda Item 3F. Receive and File 2022 Pay Equity Report Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary In 1984, the Minnesota Legislature passed the Local Government Pay Equity Act (LGPEA) to address the perceived wage disparity between government jobs predominantly held by male employees and those held by predominantly female employees. To ensure compliance with this law, each local government jurisdiction is required to submit a Pay Equity Implementation report every three years. The City’s contracts with David Drown & Associates (DDA) for compensation and classification of City positions. On behalf of the City, DDA submitted the 2022 Pay Equity Implementation report to the Minnesota Management and Budget (MMB) prior to its deadline of January 31, 2023. The attached report shows that the City is in compliance with the Pay Equity Act. Financial or Budget Considerations N/A Legal Considerations State law requires all public jurisdictions to eliminate any gender-based wage inequities in compensation. The attached report shows that the City is in compliance with the Pay Equity Act. Equity Considerations Pay equity aligns with the City's equity plan pillar of providing economic opportunities for all and aligns with initiatives of the City to create and maintain gender equity, including the City's proclamation, CEDAW. Recommended Action Motion to receive and file 2022 Pay Equity Report. Supporting Documents 2022 Pay Equity Report - Submitted 2023 80 Compliance Report Jurisdiction:Golden Valley Report Year:2023 7800 Golden Valley Road Case:1 - 2023 data (Submitted) Golden Valley, MN 55427 Contact:Kirsten Santelices Phone:(763) 593-3989 E-Mail:ksantelices@goldenvall eymn.gov The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports. I. GENERAL JOB CLASS INFORMATION Male Classes Female Classes Balanced Classes All Job Classes # Job Classes 48 34 5 87 # Employees 70 43 38 151 Avg. Max Monthly Pay per employee 7647.36 6948.57 7393.57 II. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 136.2179 * Male Classes Female Classes a. # At or above Predicted Pay 23 21 b. # Below Predicted Pay 25 13 c. TOTAL 48 34 d. % Below Predicted Pay (b divided by c = d)52.08 38.24 *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T-test Results Degrees of Freedom (DF) = 111 Value of T = -1.492 a. Avg. diff. in pay from predicted pay for male jobs = -20 b. Avg. diff. in pay from predicted pay for female jobs = 30 III. SALARY RANGE TEST = 100.00 (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 6.00 B. Avg. # of years to max salary for female jobs = 6.00 IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A) A. % of male classes receiving ESP = 0.00 * B. % of female classes receiving ESP = 0.00 *(If 20% or less, test result will be 0.00) Page 1 of 1 2/14/2023 10:57:05 AM 81 Pay Equity Implementation Report Part A: Jurisdiction Identification Jurisdiction:Golden Valley Jurisdiction Type:City 7800 Golden Valley Road Golden Valley, MN 55427 Contact:Kirsten Santelices Phone:(763) 593-3989 E-Mail:ksantelices@goldenvall eymn.gov Part B: Official Verification 1.The job evaluation system used measured skill, effort responsibility and working conditions and the same system was used for all classes of employees. The system was used: Consultant Description: DDA Job Evaluation Tool 2.Health Insurance benefits for male and female classes of comparable value have been evaluated and: There is a difference and the maximum salaries reported include the monthly amount paid by the employer for health insurance. 3.An official notice has been posted at: lunchroom (prominent location) informing employees that the Pay Equity Implementation Report has been filed and is available to employees upon request. A copy of the notice has been sent to each exclusive representative, if any, and also to the public library. The report was approved by: Council (governing body) Shep Harris (chief elected official) Mayor (title) Part C: Total Payroll $13205463.00 is the annual payroll for the calendar year just ended December 31. [X]Checking this box indicates the following: - signature of chief elected official - approval by governing body - all information is complete and accurate, and - all employees over which the jurisdiction has final budgetary authority are included Date Submitted:2/14/2023 Page 1 of 1 2/14/2023 10:58:00 AM 82 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 4, 2023 Agenda Item 6A. Second Consideration of Ordinance No. 761 Amending the 2023 Master Fee Schedule for Items Related to Micromobility Licenses Prepared By Myles Campbell, Planner Sue Virnig, Finance Director Summary Since 2019, the City has benefited from agreements with private companies providing electric scooters for use by local residents and consumers. This year the City has partnered with the Cities of Hopkins and Saint Louis Park in order to share best practices from all three cities in managing the licensing agreements associated with these micromobility vehicle providers. In addition, the three cities released a joint RFP this year for micromobility services, with the idea being that as a group the cities could attract greater interest from providers and simplify the application process on the private sector's end. From this collaboration, staff noted that the current licensing fee for micromobility scooters was well below that of adjacent suburban communities, and likely did not fully cover the staff-time costs associated with drafting application materials, reviewing bids, and eventually administering to these vehicles in the public ROW. Staff is proposing a new fee arrangement, in which $75 is collected as part of a licensing agreement for each vehicle in the initial deployment. Last year, with 30 Bird scooters, this would have totaled, $2,250. In 2023, the City is targeting an initial deployment of 50 scooters and would collect a $3,750 deployment fee. Note that subsequent increases to the fleet size by the provider are not assessed any additional fee, per the license agreement. In addition to the licensing fee, staff is also including two fees related to impoundment of vehicles, which were previously required as part of past license agreements, but not included in the fee schedule. These allow the City to collect a fee upon impoundment of a vehicle and a storage fee for so long as it is not reclaimed. Financial or Budget Considerations The proposed fee change better accounts for costs associated with staff time spent administering micromobility programs. Legal Considerations Changes to the license agreement for micromobility providers will be reviewed by the City Attorney. 83 Equity Considerations N/A Recommended Action Motion to approve second consideration of Ordinance No. 761 Amending the 2023 Master Fee Schedule for Items Related to Micromobility Licenses. Supporting Documents Ordinance No 761 Micro-mobility Fees 84 ORDINANCE NO. 761 AN ORDINANCE AMENDING THE CITY CODE Amending the 2023 Master Fee Schedule for Items Related to Micromobility Licenses The City Council for the City of Golden Valley hereby ordains as follows: Section 1. The City Code requires that certain fees for City services be established from time to time by the City Council. Section 2. The 2023 Master Fee Schedule of the City Code is hereby amended by removing the following fee under “Micromobility Sharing Operations: Implementation and oversight of License Agreement - $500 Section 3. The 2023 Master Fee Schedule of the City Code is hereby amended by adding the following new fees under “Micromobility Sharing Operations: Deployment Fee per Vehicle $75.00 Initial Impoundment Fee $56.00 Storage Fee, per day after 24 hours $18.00 Section 4. This ordinance shall take effect from and after its passage and publication as required by law. First Consideration March 21, 2023 Second Consideration April 4, 2023 Date of Publication April 13, 2023 Date Ordinance takes effect April 13, 2023 Section 5. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 4th day of April, 2023. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk 85 Review of Council Calendar Event Event Time Location APRIL Tuesday, April 11 Special City Council Meeting (Commissioner Interviews) (tentative)5:00 PM Hybrid - Council Conference Room Special City Council Closed Executive Session 5:45 PM Manager's Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Saturday, April 15 Run the Valley 7:30 AM - 10:30 AM Brookview Park Tuesday, April 18 Special City Council Meeting (Commissioner Interviews) (tentative)5:00 PM Hybrid - Council Conference Room City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, April 27 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Board/Commission Recognition Dinner 5:30 PM Brookview MAY Tuesday, May 2 Community Garden Grand Opening/Ribbon Cutting Ceremony 5:30 PM Medley Park City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, May 9 HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, May 16 City Council Meeting 6:30 PM Hybrid - Council Chambers Saturday, May 20 Run Meadowbrook Run 7:00 AM Brookview Park Thursday, May 25 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Monday, May 29 City Offices Closed for Observance of Memorial Day 86