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11-14-23 City Council Work Session Agenda November 14, 2023 — 6:30 PM Council Conference Room Hybrid Meeting 1.Annual Review of MOU with Golden Valley Community Foundation 2.2022 Equity Plan Implementation Report Review 3.Council Review of Future Draft Agendas CITY COUNCIL WORK SESSION AGENDA City Council Work Sessions are being conducted in a hybrid format with in-person and remote options for attending. Remote Attendance: Members of the public may attend this meeting by streaming via Webex, or by calling 1-415-655-0001 and entering access code 2633 018 0727 and webinar password 1234. Additional information about attending electronic meetings is available on the City website . Discussion Item(s) Council Work Session meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council Work Session meetings and listen to the discussion; public participation is allowed by invitation of the City Council. City of Golden Valley City Council Work Session November 14, 2023 — 6:30 PM 1 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session November 14, 2023 Agenda Item 1. Annual Review of MOU with Golden Valley Community Foundation Prepared By Timothy Cruikshank, City Manager Summary According to the Memorandum of Understanding (MOU) the City has with the Golden Valley Community Foundation (GVCF), the two parties are to meet annually to discuss their partnership. Dean Penk, Chair of the GVCF will be in attendance to have this conversation and to answer questions Council may have. Financial or Budget Considerations GVCF occupies office space at Brookview Golden Valley in exchange for providing community events. Legal Considerations An office lease between the two parties was executed in August of 2019 to document the relationship. Equity Considerations The MOU and lease exist to insure a fair and equitable relationship is in place. Recommended Action Review and Discussion Supporting Documents Memo of Understanding Executed on December 20, 2016 Resolution No. 18-69 Executed on October 16, 2018 Approving Amendment to the Golden Valley Community Foundation Memorandum of Understanding and Office Lease Agreement Golden Valley Community Foundation Office Lease Executed August 20, 2019 Amendment to Memorandum of Understanding Between the City of Golden Valley and the Golden Valley Community Foundation dated August 20, 2019 2 Memorandum of Understanding Between City of Golden Valley and Golden Valley Community Foundation BACKGROUND At the July 2016 Council/Manager meeting, the City Council created a committee to evaluate opportunities for furthering the relationship between the Golden Valley Community Foundation ("Foundation") and the City of Golden Valley ("City"). Mayor Shep Harris, Finance Director Sue Virnig, Parks & Recreation Director Rick Birno, and City Manager Tim Cruikshank represented the City and Linda Loomis, Dean Penk, John Kluchka, and Jeffrey Prottas represented the Foundation. After meeting in August and October, the group created this document for consideration by the City Council and the Foundation's governing board. MISSION The mission of furthering the relationship between the City and Foundation is to increase and best leverage the Foundation's capacity to have a positive impact on the Golden Valley community through the services it provides and work it performs, and thereby improve the welfare of the community as a whole. It is understood that a positive and collaborative relationship between the City and Foundation increases the Foundation's capacity, which in turn benefits the City and the community. The Foundation uses philanthropy, community initiatives and funding support to address the changing needs and interests of GV neighbors and friends. PURPOSE The purpose of this document is to clarify the relationship between the City and Foundation. STATEMENT The City recognizes that the Foundation's work improves the general welfare of the Golden Valley community, reduces the administrative and financial burden on City government and results in delivery of services to the community that the City may not otherwise have the resources or capacity to deliver. The City believes in the role of a community foundation and respects the Foundation's history and accomplishments. The City appreciates the desire of the Foundation to strive to have an even greater impact in Golden Valley for the overall good and well-being of the community, residents, and businesses. OFFICE SPACE The City agrees to lease office space to the Foundation effective June 1, 2017. The space will be the area located across from the DMV in the lower level of City Hall. It is 19'2" by 12'Y or approximately 228 square feet. The 2016 annual market value of this office space is $18/sq. ft. or$4,104. This is net rent which includes taxes and utilities, as provided by the County Assessor. The Foundation will be responsible for its own office services and equipment, including phone number/system, computers, mailbox, office furniture, copier, fax, and the like. The Foundation will collaborate with the City on appropriate signage on and/or adjacent to the office door. 3 The consideration to be provided to the Cite by the Foundation in return for the office space includes that the Foundation will be responsible for, in full or in substantial part, the Market in the Valley Farmers' Market (or similar program/event) between June and October and the annual Golden Valley Arts & Music Festival (or similar program/event). The City believes these two events are important to the welfare of the community. If not for the Foundation's responsibility for these two events, the City would need to and would choose to operate these events itself, and the cost to the City of doing so would exceed the market value of the leased space. The City recognizes that the Foundation may now and in the future operate and provide additional events, programs and services that benefit the community beyond those two listed above. The office space will be provided to the Foundation under a formal lease agreement, with a month-to-month term and the City providing at least 90-days' notice prior to any termination. Terms of the lease shall address issues of access and insurance, along with other customary lease terms determined by the City. With regard to access, the Foundation will have access to City Hall during normal business hours. The City will set specific times for after-hours access and will control access to City Hall via electronic keycard for these times. This will be done for safety and liability reasons. Access will only be allowed to City Hall for purposes of utilizing the Foundation's leased space. With regard to insurance, the Foundation must be insured and the City must be listed as an additional insured on the policy or in the form of a rider. BROOKVIEW COMMUNITY CENTER The City is developing a policy for the use of community space in the new Brookview Community Center ("Brookview") by private groups like the Foundation. The City expects the policy will generally provide that service organizations using the facility for not-for-profit uses will likely not pay a room rental fee. However, no outside food or beverage will be allowed to be brought in and therefore any food or beverage service would be required to be purchased from Brookview or one of its authorized vendors. COMMUNICATIONS/ADVERTISING The City will incorporate the Foundation into its Facebook page, website, publications and electronic billboard in the following manner: 1. The City website will include a link to the Foundation website on the "About Golden Valley" page and will include links to Market in the Valley and the Golden Valley Arts Music Festival on the "Community Events" page. Both events will also be included on the website City Calendar. On the website home page news feed, the City will promote Market in the Valley twice before opening day, once before closing day, and up to three times during the season for special event days at the Market. Promotion will consist of a brief description of the Market or event followed by a link to the Market in the Valley website. On the website home page news feed, the City will promote the Golden Valley Arts & Music; Festival twice before the event. Promotion will consist of a brief story featuring event highlights followed by a link to the Golden Valley Arts & Music Festival website. 2. The City Facebook page will "Like" and "Follow" the Foundation Facebook page. The City will share Market in the Valley Facebook posts to the City Facebook page to promote Market in the Valley twice before opening day, once before closing day, and up to three times during the season for special event days at the Market. The 4 City will share Golden Valley Arts & Music Festival Facebook posts to the City Facebook page to promote the Golden 'Valley Arts & Music Festival twice before the event. The City will select which event posts to share when multiple options are available, and may coordinate selections with the Foundation. 3. The City electronic billboard will promote Market in the Valley starting one month before opening day and throughout the season until closing day. The City electronic billboard will promote the Golden Valley Arts & Music Festival starting one month before the event. Other Foundation events will be promoted on the electronic billboard upon request by the Foundation as long as the event complies with the City's electronic billboard policy. 4. The City will list Market in the Valley and the Golden Valley Arts & Music Festival, with links to the respective websites, on the "Upcoming Events" page in the editions of Golden Valley CityNews that precede! the events. During the inaugural year of this agreement, the City will provide one news story about the agreement in CityNews as space allows. The City will provide space in its Recreation Activities Catalog to promote Market in the Valley and the Golden Valley Arts & Music Festival in the issue preceding each event. Promotions will be sized as space allows, and finished artwork must be provided by the Foundation. 5. Callers/customers to City Hall for the Foundation or its programs/events will be given the Foundation's contact information. There will be no interference with daily City administrative operations or administrative requests made of City staff by the Foundation. All contact related to new requests or coordination from Foundation representatives to city staff must be initiated through the City Manager's office. PUBLIC ART The City and Foundation will work collaboratively to create a process for the advancement of more public art within the community. To the extent any art installations involve expenditure of City funds or the installation is located on City property or public right of-way, the City shall have final approval on the art itself and its placement. EVENTS The Foundation shall support and/or carry out the following events (or similar program/event): Market in the Valley Farmers' Market, Golden Valley Arts & Music Festival (including the City's photo contest awards presentation as part of this event), and the Envision Award. MEMBERSHIP AND VOLUNTEER RECRUITMENT The City agrees to include on its Boards and Commissions application form a brief summary of Foundation opportunities and an authorization for the City to share an applicant's contact information with the Foundation for the purposes of promoting participation in the Foundation's Board or Teams. The form of the authorization will be determined by the City and an applicant's decision whether to provide such authorization will be voluntary. 5 CITY FUNDING/GRANTS FROM FOUNDATION The City and Foundation will work collaboratively to streamline the process by which funds specifically donated to the Foundation for the purposes of funding a City project for example: park equipment) are delivered to the City. FUNDRAISING The City recognizes fundraising is a critical aspect of what the Foundation does. However, the City will not solicit funds on behalf of the Foundation, including through any of its communication tools. The Foundation acknowledges City officials will need to consider both real and perceived conflicts of interest arising from any involvement they may have in the Foundation's fundraising activities, and such conflicts may limit or prevent their participation in such activities. ANNUAL MEETING A meeting between the City and the Foundation Board representatives will occur at least annually at Council/Manager meetings designated by the City. TERMS The terms of this Memorandum are subject to annual review by both parties with any changes to be agreed upon by both parties in writing. Termination of the agreement may be initiated by either party and implemented after 90 days' written notice to the other party. IN WITNESS WHEREOF, this Memorandum of Understanding has been agreed to and executed by the duly authorized representatives of the City and the Foundation, effective as of Q W4gy, r;G , 2016. City4Gn Valley By: Tim y J. Cruikshank, City Manager Golden Valley Co unity Foundation By: l Dean Penk, Board Chairperson 6 RESOLUTION NO. 18-69 RESOLUTION APPROVING AMENDMENT TO THE GOLDEN VALLEY COMMUNITY FOUNDATION MEMORANDUM OF UNDERSTANDING AND OFFICE LEASE AGREEMENT WHEREAS, the City of Golden Valley had entered into a Memorandum of Understanding (MOU) with the Golden Valley Community Foundation (GVCF) on December 20, 2016 attached as Exhibit A; and WHEREAS, the City of Golden Valley had entered into an Office Lease Agreement on March 7, 2017, in an area of the city building located at 7800 Golden Valley Road, Golden Valley, MN attached as Exhibit B; and WHEREAS, per the Memorandum of Understanding the City Council and the Golden Valley Foundation Board meet annually to review the previous year; and WHEREAS, the Council and Golden Valley Community Foundation met at the October 9, 2018, Council/Manager meeting and discussed proposed amendments to the MOU and Office Lease Agreement. WHEREAS, the MOU will be amended to include a Sign Location Plan and the Office Lease Agreement will be amended to update the building access hours and representatives with access. BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby adopts the attached amendments to the MOU and Office Lease Agreement. Adopted by the City Council of Golden Valley, Minnesota this 16th day of October, 2018. Shepard M. Harris,'Mayor ATTEST: 0`"L 6-t Kristine A. Luedke, City Clerk 7 Golden Valley Community Foundation MIV & Arts & Music Festival Sign Plan Due to the formal relationship the City of Golden Valley has established with the Golden Valley Community Foundation through a Memorandum of Understanding to carry out certain community events, deviations from the City’s temporary sign regulations have been administratively permitted. The table below outlines the ap- proved and agreed upon deviations. The City reserves the right to modify or revoke this agreement at any time. Event Item Description Location Placement time Qty Notes Market in the Valley Banner Horizontal Banner 4’ x 12 ‘ Hwy 55 and Winnetka in Brookview Park on posts Thursday evening to Monday morning 1 Banner must be made from quality material and dis- play well. Market in the Valley Banner Horizontal Banner 1’x 8’ NE Quadrant of Win- netka and Sunday 7:00 am to 2:00 pm 1 Banner must be made from quality material and dis- play well. Market in the Valley Sails Vertical material on flexible pole with metal stakes or posts pushed into soil. AKA “Sails” Aprx. 2’ x 6-10’ high 1) East side of Win- netka Ave on City Campus 2) North side of Golden Valley Rd at City Hall Campus entry Sunday 7:00 am to 2:00 pm Up to 6 Need locate to utilities. Market in the Valley Arts & Music Festival “A” Frame signs Preprinted, two sided Sandwich Boards Aprx. 2’x4’ Entry to City Campus and on Campus during events Sundays 7:00 am – 2:00 pm & Fridays after 5:00 pm at Entry on GVRd. 7:00 AM – midnight on Saturday & Fri- days after 5:00 pm at Entry on GVRd. Up to 6 Market in the Valley Art & Music Festival Yard Signs Polycarb printed post- ers with mental stakes pushed into soil Aprx. 18”x 24” On private property with permission of owner. City Parks and public areas. Must not create an obstruction. At owner discretion At discretion of City 75 – 100 1-3 per park Not in public ROW or walkways 8 OFFICE LEASE 1. PARTIES. This Office Lease (the "Lease") is entered into effective as of August 20, 2019, by and between the City of Golden Valley, a Minnesota municipal corporation Landlord") and Golden Valley Community Foundation, a Minnesota nonprofit corporation Tenant'). 2. PREMISES. Landlord leases to Tenant and Tenant leases from Landlord that certain office space ("Premises'), known as the Fossil Creek room, circled on the floor plan attached as Exhibit"A"to and made a part of this Lease, said Premises being agreed, for the purpose of this Lease, to have an area of approximately 105 square feet of the building located at 316 Brookview Parkway, Golden Valley, MN(the"Building'). 3. TERM. The term of this Lease ("Term") shall be month-to-month, commencing on August 20, 2019 ("Commencement Date"), provided, except as otherwise provided herein, that Landlord may terminate this Lease and the Term at any time and for any reason upon ninety(90) days' prior written notice to Tenant. 4. POSSESSION. If Landlord permits Tenant to occupy the Premises prior to the Commencement Date, such occupancy shall be subject to all the provisions of this Lease. 5. RENT. The parties agree that the market rent for the Premises, as of the date hereof, is 4,500 per year, inclusive of taxes and utilities ("Cash Rent'). In lieu of paying such Cash Rent, Tenant agrees to provide Landlord the following services during the Term (individually an Agreed Service", collectively,the"Agreed Services"): a) Management of and responsibility for conducting, in full or substantial part, the community farmers' market in Golden Valley, commonly known as "Market in the Valley", occurring weekly between the months of June and October, inclusive; and b) Management of and responsibility for conducting, in full or substantial part, the annual community arts event in Golden Valley, commonly known as "Golden Valley Music and Arts Festival." The parties agree that the annual market value of the Agreed Services to Landlord meets or exceeds the Cash Rent. Upon written request to Landlord, Tenant may request to provide Landlord other service(s) in lieu of the Cash Rent ("Offered Services") in addition to or in replacement of one or more of the Agreed Services. Upon receipt of such request, Landlord shall have the right to accept or reject such Offered Services. If Landlord agrees to accept such Offered Services in addition to or in replacement of an Agreed Service, the parties shall execute an amendment to the Lease reflecting such agreement. 6. ACCESS. On the Commencement Date, Landlord shall provide each of Tenant representatives identified on Exhibit `B", attached hereto (collectively "Tenant Representatives"), 2 room keys (collectively, the "Keys")to obtain access to the Premises and to obtain access to the Premises. Exhibit B may be revised from time to time, without need to amend this Lease, to reflect those Tenant Representatives to whom Landlord has delivered a 9 Key. If Tenant requires a replacement Key or fails to return the Key as required herein, in addition to any other remedy, Landlord may impose a replacement charge. Tenant shall promptly inform Landlord of any lost Key. Tenant shall be responsible for all damage to the Building and the Premises, or property therein, due to unauthorized access to the Building or Premises as a result of use of the Keys provided to Tenant. Upon the expiration or early termination of this Lease, Tenant shall return all Keys to Landlord. 7.USE. Tenant shall use the Premises for the purpose of office use and for no other purpose whatsoever. Tenant shall not store, handle, use, or dispose of hazardous materials at the Premises. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything in the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Building or any of its contents, or cause cancellation of any insurance policy covering said Building or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with: (i) the rights of other occupants of the Building, including Landlord and its invitees, agents and employees; (ii) the conduct of Landlord's operations and affairs in the Building; or (iii) the public's right to use and access the Building, as such public use and access rights are established by Landlord. Tenant shall not injure or annoy other occupants of or visitors to the Building, or use or allow the Premises to be used for any improper, unlawful or objectionable purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or suffer to be committed any waste in or upon the Premises. This Lease grants Tenant no right to use any portion of the Building other than the Premises. 8.COMPLIANCE WITH LAW. Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may be enacted in the future collectively "Laws"). Tenant will, at its sole cost and expense, promptly comply with all Laws and with the requirements of any board of fire insurance underwriters or other similar bodies relating to or affecting the condition, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant's authorized improvements or acts. Tenant shall, throughout the term of this Lease, and at its sole expense, keep and maintain the Premises in a clean, safe, and sanitary. 9. ALTERATIONS AND ADDITIONS. Tenant shall not make any alterations, additions or improvements to the Premises without the prior written consent of Landlord, and except as provided herein, any such alterations, additions or improvements including, but not limited to, wall covering, paneling and built-in cabinet work, but excluding movable furniture and trade fixtures, shall on the expiration or earlier termination of this Lease belong to Landlord and shall be surrendered with the Premises. In the event Landlord consents to the making of any alterations, additions or improvements to the Premises, the same shall be made by Tenant at Tenant's sole cost and expense, shall be performed in a good and workman like manner and in accordance with applicable laws, and any contractor or person selected by Tenant to make the same must first be approved of in writing by Landlord. Tenant shall, upon written demand by Landlord, at Tenant's sole cost and expense, remove any alterations, additions, or improvements made by Tenant that are designated by Landlord to be removed, and Tenant shall repair any damage to the Premises caused by such removal prior to the expiration or earlier termination of 2 10 this Lease. Tenant shall keep the Premises free from any liens arising out of any work performed,materials furnished or obligations incurred by Tenant. 10. REPAIRS. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and satisfactory condition and as being suitable for Tenant's intended purposes. Tenant shall, at Tenant's sole cost and expense, keep the Premises in good condition and repair, ordinary wear and tear excepted. Tenant shall, upon the expiration or earlier termination of this Lease, surrender the Premises to Landlord in the same condition as they were on the Commencement Date, subject to alterations approved by Landlord, reasonable wear and tear accepted. Before surrendering the Premises, Tenant shall remove all of its personal property and trade fixtures and such alterations or additions to the Premises made by Tenant as may be specified for removal in a written notice from Landlord given at the time of Landlord's consent to the alteration or addition. If Tenant fails to remove its personal property and fixtures upon the expiration or earlier termination of this Lease, the same shall, at Landlord's option, be removed from the Premises and stored at Tenant's expense or be deemed abandoned and shall become the property of Landlord. Tenant's surrender obligations shall survive the expiration or early termination of this Lease. Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and Tenant affirms that Landlord has made no representations to Tenant with respect to the condition of the Premises or the Building. Tenant waives the right to make repairs at Landlord's expense under any Laws now or hereafter in effect. 11. ASSIGNMENT AND SUBLETTING. Tenant shall not assign its interest in this Lease or sublease any portion of the Premises without Landlord's prior written consent. Any attempted assignment or sublease in violation of this Lease is void. 12. HOLD HARMLESS. Tenant shall indemnify and hold harmless Landlord (and its officers, employees and agents) against and from any and all claims arising from Tenant's (or any permitted subtenant's or assignee's) use of the Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by Tenant in or about the Building, and shall further indemnify and hold harmless Landlord (and its officers, employees and agents) against and from any and all claims arising from any default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, attorney's fees, expenses and liabilities incurred in connection with any such claim or any action or proceeding brought in connection therewith, and, in any case, action or proceeding brought against Landlord by reason of any such claim. Tenant assumes all risk of damage to property or injury to person, in, upon or about the Premises, from any cause other than Landlord's intentional misconduct, and Tenant waives all claims in respect thereof against Landlord. Landlord (and its officers, employees and agents) shall not be liable for (a) any damage to property entrusted to Landlord's employees, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from any cause whatsoever, unless caused by Landlord's intentional misconduct, (b) loss of business by Tenant, or(c) any latent defect in the Premises or in the Building. Tenant shall give prompt notice to Landlord in case of fire or other casualty, accidents, or items requiring maintenance, repair or replacement. 3 11 13. SUBROGATION. As long as their respective insurers so permit, Landlord and Tenant mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsement, if required by their insurer to evidence compliance with this waiver. 14. TENANT'S INSURANCE. a) Throughout the Term Tenant shall keep in full force and effect, at its expense, a policy of commercial general liability insurance with respect to the Premises and the business of Tenant, including bodily injury, personal injury, and property damage, in amounts of no less than $1,000,000 per occurrence, $2,000,000 aggregate using current ISO General Liability forms or equivalent, on an occurrence basis, naming Landlord as additional insured. The preceding insurance limits shall not reduce Tenant's liability under this Lease. b) Tenant shall, at its own costs and expense, maintain replacement cost insurance including (i) "all risk" coverage, with extended coverage endorsement, for the benefit of Tenant on all improvements within the Premises that Tenant is required to maintain, repair, and/or replace regardless of whether or not Tenant owns such improvements, and (ii) damage or loss to furniture, fixtures, equipment, machinery, goods, supplies or personal property which Tenant may bring upon the Premises or which may be furnished to Tenant by Landlord or any third party. c) All of Tenant's insurance policies shall be maintained with a carrier licensed to issue insurance in Minnesota and with an A rating or higher. d) Tenant's insurance policies shall provide that thirty (30) days written notice must be given to Landlord prior to cancellation thereof. Tenant shall furnish to Landlord proof of Tenant's insurance policies, satisfactory to Landlord, prior to taking possession of the Premises and by January 15 of each calendar year during the Term. In addition, upon Landlord's request from time to time, Tenant shall provide copies of Tenant's then-current insurance policies, Landlord shall be named as an additional insured for liability insurance policies, and an additional insured and loss payee for property insurance policies, as applicable. As often as such policy or policies shall expire or terminate, renewal or additional policies shall be procured by Tenant in a like manner and to like extent and Tenant shall deliver evidence of such insurance renewal to Landlord prior to any such expiration or termination. 15. UTILITIES AND SERVICES. Landlord shall be responsible for furnishing heat, air conditioning and electricity to the Premises during the Term. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rent or damages by reason of failure to furnish any of the foregoing services or utilities when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar. Except as provided in this Section, Tenant shall be responsible, at its own expense, for its own office services, furniture, furnishings and equipment, 4 12 including, without limitation, phone number/system, internet, computers, mailbox, mail service, desks, chairs, file cabinets, copier, fax, and the like, at its own expense. Tenant shall be responsible for its own janitorial services. Tenant shall also be responsible for collecting, removing and disposing of its garbage and recycling from the Premises. Tenant may desposit such garbage and recycling in the designated dumpsters and containers provided by Landlord located on the east side of the Building, provided only customary office waste and recycling materials may be deposited in Landlord's dumpsters and containers. 16. RULES AND REGULATIONS. Tenant shall observe and comply with the rules and regulations that Landlord shall adopt from time to time ("Rules"). Rules shall be binding upon Tenant upon written notice to Tenant. 17. ENTRY BY LANDLORD. Landlord reserves and shall all times have the right to enter the Premises, inspect the same, supply any service to be provided by Landlord to Tenant under this Lease, to post notices of non-responsibility, and to alter, improve or repair the Premises and any portion of the Building that Landlord deems necessary or desirable, without abatement of rent. Without limiting the foregoing, Tenant acknowledges and agrees Landlord shall have the right to periodically enter the Premises in order to access, via the Premises, the elevator maintenance room for the Building. Tenant waives any claim for damages or for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by Landlord's activities in the Premises. Tenant acknowledges that Landlord shall retain a key or fob with which to unlock all of the doors in the Premises and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors in an emergency or in order to obtain entry to the Premises for the purposes described in this Section, all without liability to Tenant. Any entry to the Premises obtained by Landlord by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises. Nothing in this Section shall impose a duty upon Landlord to perform any maintenance, repairs or alterations within the Premises unless specifically required elsewhere in the Lease. 18. CASUALTY. If the Premises or the Building are damaged in whole or in part by fire or other casualty, Landlord shall have the right to terminate the Lease on thirty (30) days' notice to Tenant. Landlord shall not be required to repair any damage to any Tenant improvements, decoration, fixtures, furniture, floor covering, partitions, personal property or other property installed or located in the Premises by Tenant resulting from any such fire or casualty. Tenant shall not be entitled to compensation or damages from Landlord for loss of the use of the whole or any part of the Premises or Tenant's personal property, or any inconvenience occasioned by such damage, repair, reconstruction or restoration. 19. PARKING AREAS. Tenant shall have a non-exclusive right to use, in common with the public, the Building's public parking facilities, as they exist from time to time, subject to any rights, powers, and privileges reserved by Landlord under the terms of this Lease or under the terms of any Rules. Landlord reserves and may exercise the following rights without affecting Tenant's obligations under this Lease: (i) to make changes to the parking facilities; (ii) to close temporarily any of the parking facilities for maintenance purposes so long as reasonable access to the Premises remains available; and/or (iii) to limit or otherwise restrict Tenant's use of the 5 13 parking facilities as may be deemed reasonable in Landlord's discretion. 20. SIGNS. Tenant may not install any sign, lettering, picture, notice or advertisement on or in any part of the Premises or the Building without Landlord's prior written consent. Tenant shall not have the right to have any sign on the exterior of the Building. Any sign on the exterior of the Premises identifying the Premises as Tenant's office shall state that Tenant is "an independent non-profit organization and not a department of or affiliated with the City Government of Golden Valley", or words of similar import approved by Landlord. 21. STATUS OF LANDLORD AND TENANT. Landlord and Tenant are not intended to become partners or joint venturers and nothing herein shall be construed or applied to constitute Landlord and Tenant as partners or joint venturers. Further, nothing herein, shall grant Tenant any authority to act on behalf of Landlord, and Tenant shall at all times make apparent to third parties that Tenant does not have authority to act on behalf of Landlord. 22. USE OF BUILDING'S ADDRESS. Tenant may use the following as the mailing address for the Premises: "316 Brookview Parkway, Room No. 144, Golden Valley, Minnesota 55426". Tenant shall not use the words `Brookview" in any printed or electronic materials in reference to Tenants' place of contact, office or business. All printed and electronic materials within Tenant's direction or control, including without limitations web pages, mailings and letterhead, that contain the address of the Premises as Tenant's place of contact, office or business shall include a statement that Tenant is "an independent non-profit organization and not a department of or affiliated with the City Government of Golden Valley", or words of similar import approved by Landlord. 23. DEFAULT. The occurrence of any one or more of the following events shall constitute a default of this Lease by Tenant: (a) the vacating or abandonment of the Premises by Tenant; (b) the failure by Tenant provide the Agreed Services; (c) an assignment or subletting by Tenant in violation of this Lease; (d) failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant; (e) the making by Tenant of any general assignment or general arrangement for the benefit of creditor(s); (f) the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition for reorganization under any law relating to bankruptcy or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or Tenant's interest in this Lease; or(g) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease. 24. REMEDIES UPON DEFAULT. Upon default of this Lease by Tenant, Landlord may at any time thereafter, take possession of the Premises and any personal property located thereon, and shall otherwise have all the remedies permitted by law. If Tenant does not move out, Landlord may bring an eviction action. Should Landlord at any time terminate this Lease for any breach of this Lease by Tenant, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Premises and reasonable attorney's fees. No remedy under this Lease shall be deemed exclusive. All remedies under this Lease shall, wherever possible, be cumulative with all other remedies in this Lease. 6 14 25. TERMINATION OF PRIOR AGREEMENTS. This Lease terminates and supersedes any and all prior Lease Agreements, including that certain Lease Agreement dated March 7, 2017. 26. GENERAL PROVISIONS. a) Waiver. Waiver of any provision or default under this Lease must be in writing. No waiver of any provision of this Lease or default shall be implied from any failure of the other party to take any action on account of such default if such default persists or is repeated, and no written waiver shall affect any default other than the default specified in the express written waiver and only to the extent therein stated. One or more written waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent to or approval by Landlord of any act by Tenant requiring Landlord's consent or approval shall not waive or render unnecessary Landlord's consent to or approval of any subsequent similar act by Tenant. b) Notices. Any notices required or permitted to be served hereunder shall be given in writing and shall be effective upon its deposit in the United States mail, postage prepaid, addressed as follows: If to Landlord: City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Attn: City Manager If to Tenant Golden Valley Community Foundation or to such other place as either party shall designate by notice to the other party. c) Headings. The headings in this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. d) Successors and Assigns. The terms, covenants and conditions of this Lease shall be binding upon and inure to the successors and permitted assigns of the parties. e) Recordation. Tenant shall not record this Lease. f) Prior Agreements. The Lease contains all of the agreements of the parties with respect to any matter covered by this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended except by an agreement in writing signed by the parties or their respective successors in interest. This Lease shall not be effective or binding on any party until fully executed by both parties. 7 15 g) Invalid Provisions. The invalidity or unenforceability of any provision of this Lease shall not affect or impair the validity of any other provision. h) Limitations on Liability. Landlord is not liable under any circumstances for Tenant's lost opportunities, revenue or income, or for consequential, special, punitive or indirect damages of any kind. Notwithstanding anything to the contrary herein, nothing in this Lease shall be deemed to constitute a waiver of any of Landlord's governmental immunity defenses and/or the maximum liability limits provided in Minnesota Statutes Chapter 466 or any other applicable law limiting the liability of Landlord. i) Choice of Law. This Lease shall be governed by the laws of the State of Minnesota. j) Lease Construction. The parties acknowledge that each has read this Lease, consulted with an attorney regarding its terms, and agrees with its terms as though that party had drafted this Lease itself. The parties agree that although this Lease was, by necessity, printed and assembled by Landlord and drafted by Landlord's attorney, this Lease reflects the terms as agreed to by the parties and that if a term or provision of this Lease is considered ambiguous, neither party will be considered the draft person for the purpose of causing the terms of this Lease to be construed against that party. k) Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Lease by facsimile transmission or electronic transmission (e.g., "pdf' or tiff') shall be effective as delivery of an original executed counterpart of this Lease. 1) Exhibits. All exhibits referred to herein and attached hereto shall be deemed part of this Agreement. m) No Third Party Beneficiaries. This Agreement creates no rights in any third parties, except as specifically stated. SIGNATURE PAGE(S) ATTACHED] 8 16 IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be executed in form and manner sufficient to bind them at law, as of the day and year first above written. Signed: Signed: Golden Valley Community Foundation, City of Golden Valley, a Minnesota nonprofit corporation a Minnesota municipal corporation By: BY AShe Harris,May r Print Name: D By Its: 01A•— tl-o. Timot . Cruikshank, City Manager 9 17 EXHIBIT A FLOOR PLAN attached) 10 18 r, r, r, 45'-. THE BACKYARD 114 a Iona i num 53 d' 13-6 THREE ONE SIX 1 I BAR& THE , THEGRILLHIDEOUT '.Cl.LOWSE 12 SWEENEY LAKE ROOM q 117 LOBBY 104 r u i 4-- C=- FOSSIL CREEK nn ROOM 23-1- 144 VALLEY TWIN LAKEtROOMROOM NORM I 14` BROOKVIEW 140 GM am 133 VALLEY 3 SOUTH r; room sizes—FLOOR F-A' --EVEL 01 J vte=ram 11 19 EXHIBIT B EXHIBIT B List of Key Recipients As of Aueust 15, 2019 Tenant Representative Dean Penk Lockbox The lockbox key shall be stored in the wall mounted lockbox located inside the Building and shall not be removed from the Building. 20 EXHIBIT C Building Hours Tenant shall have access to the Building on those days and during those hours Landlord makes the Building open to the public in accordance with its normal practices and procedures, which days do not include the following holidays: New Year's Day Martin Luther King Day(3rd Monday in January) Presidents Day(3rd Monday in February) Memorial Day(last Monday in May) Independence Day Labor Day(first Monday in September) Veterans Day Thanksgiving Day(4 h Thursday in November) and the day after Thanksgiving Day Christmas Eve Day(December 24th) Christmas Day(December 251h) As of the date of this Agreement, Brookview is open to the public Monday through Sunday, 8:00am to 8:00pm. Landlord reserves the right to modify these business hours at any time and without notice to Tenant. Tenant shall have no after-hours access to the Building. 13 21 AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GOLDEN VALLEY AND THE GOLDEN VALLEY COMMUNITY FOUNDATION This Amendment to the Memorandum of Understanding between the City of Golden Valley and the Golden Valley Community Foundation (this "Amendment") is made effective as of August 20, 2019 (the "Amendment Effective Date") by and between the City of Golden Valley (the "City") and the Golden Valley Community Foundation (the Foundation"). RECITALS WHEREAS, the City and the Foundation are parties to a Memorandum of Understanding Between the City of Golden Valley and the Golden Valley Community Foundation dated December 20, 2016 (the "MOU"). WHEREAS, upon the mutual written agreement of the City and the Foundation, the terms of the MOU may be modified. WHEREAS, in the MOU the City agreed to lease an office at City Hall to the Foundation. WHEREAS, the Foundation vacated its office in City Hall and moved its operations to Brookview as of July 1, 2019. WHEREAS, the parties wish to amend the MOU to reflect these changes. AGREEMENT THEREFORE, the parties agree to amend the MOU as follows, effective as of the Amendment Effective Date: 1. Office Space. The section in the MOU titled "Office Space" is replaced in its entirety with the following: The City agrees to lease the Fossil Creek room at Brookview as office space to the Foundation effective August 20, 2019. The office space will be provided to the Foundation under a formal lease agreement in the form attached hereto and incorporated herein as Exhibit A. 2. Brookview Community Center. The paragraph labeled "Brookview Community Center" is replaced in its entirety with the following: The City has developed a policy for the use of community space in the Brookview Community Center ("Brookview") by private groups like the Foundation. The Page 1 of 3 22 Foundation will abide by all of the rules and policies relating to the use of Brookview, including those rules relating to use of Brookview by non-profit entities. 3. Communications/Advertising. The last sentence of paragraph 5 of the section labeled "Communications/Advertising" is replaced in its entirety with the following: Callers/customers to Brookview for the Foundation and its programs/events will be given the Foundation's contact information. 4. Public Art. The paragraph labeled "Public Art" is replaced in its entirety with the following: The City and the Foundation have worked collaboratively to create a process for the advancement of more public art within the community (the "Public Art Policy"). Notwithstanding anything to the contrary in the Public Art Policy, to the extent any art installations involve expenditure of City funds or the installation is located on City property or public right-of-way, the City shall have final approval of the art itself and its placement. 5. Ratification. Except as specifically provided in this Amendment, each and every provision of the MOU, as amended through the date hereof, remains, and is, in all respects, in full force and effect. 6. Counterparts. This Amendment may be executed in any number of counterparts, including facsimile and .pdf, each of which constitutes an original and all of which, collectively, constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. 7. Miscellaneous. (i) The provisions hereof are binding upon and inure to the benefit of the parties and their respective successors and assigns; and (ii) this Amendment and the MOU constitute the entire understanding between the parties with respect to the subject matter hereof. Signature Page Follows] Page 2 of 3 23 INTENDING TO BE LEGALLY BOUND HEREBY, the parties have executed this Amendment as evidenced by the signatures of their authorized representatives below. CITY OF GOLDEN VALLEY GOLDEN VALLEY COMMUNITY FOUNDATION 5 V44 She and Harris, Mayor Na Title: I.e fS Timothy Cruikshank, City Manager Page 3 of 3 24 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session November 14, 2023 Agenda Item 2. 2022 Equity Plan Implementation Report Review Prepared By Seth Kaempfer, Equity and Inclusion Manager Summary The City's Equity and Inclusion Manager, Seth Kaempfer, and DEIC Chair, Lee Thoresen, will be in attendance to provide a review over the report completed by the E&I Manager and the DEIC's City Systems Subcommittee. Recommended Action Review and discuss the City of Golden Valley 2022 Equity Plan Implementation Report. Supporting Documents City of Golden Valley 2022 Equity Plan Implementation Report 25 City of Golden Valley 2022 Equity Plan Implementation Report 11/8/2023 26 2 Contents Executive Summary ...................................................................................................................................... 3 Equity Plan Implementation Assessment Objectives ................................................................................. 4 City of Golden Valley 2022 Equity Plan Overview ....................................................................................... 6 Key Pillar 1: Economic Prosperity for All ................................................................................................. 6 Key Pillar 2: Inclusive Community Engagement ...................................................................................... 6 Key Pillar 3: Unbiased Services ................................................................................................................ 7 Key Pillar 4: Advancement of Diversity, Equity, and Inclusion ............................................................... 7 City of Golden Valley 2022 Equity Plan Assessment Findings and Results ................................................ 9 Section 1: Equity Plan and Pillars Overview ............................................................................................ 9 Section 2: Equity Tool ............................................................................................................................... 9 Section 3: Status Review ........................................................................................................................ 10 Key Pillar 1 Objectives Results ........................................................................................................... 10 Key Pillar 2 Objective Results ............................................................................................................. 14 Key Pillar 3 Objectives Results ........................................................................................................... 15 Key Pillar 4 Objectives Results ........................................................................................................... 16 Section 4: Reflection on Plan Implementation ...................................................................................... 17 Section 5: Preparing for Long-Term Success ......................................................................................... 18 City of Golden Valley 2022 Equity Plan Assessment Conclusions and Recommendations ..................... 20 Conclusions ............................................................................................................................................. 20 Recommendations ................................................................................................................................. 21 27 3 Executive Summary Equity plans have become common place in city government, especially throughout the metro area of the Twin Cities. These plans establish a structure and framework to guide a city through taking actions that focus on efforts to increase equity. Equity plans serve as an accountability tool for appointed and elected officials to establish new processes, practices, and policies that aim to eliminate inequities or disparities within the community it serves. To achieve the greatest impact both internally and externally, equity plans should dually span broadly across the city’s work and be imbedded within each department1. With this in mind and its intentions to recognize and directly engage at historical and present disparities perpetuated by its structures, policies, and procedures, the City of Golden Valley’s Council put forth a directive to establish and implement an Equity Plan for the City. The overarching goals of this plan are: (a) Imbed practices and strategies of diversity, equity, inclusion, and racial justice into the work of the City; (b) Dismantle barriers; (c) Provide resources; and (d) Enhance opportunities for all of its residents and visitors. Considering the goals and the intention behind it, the Equity Plan is a living and responsive document, which means that it has included different approaches and methods since its initial creation. Similar to many other plans across the City, the Equity Plan has community impact. What makes plans like this one unique is that they directly challenge norms and ways of operating that perpetuate social inequities and trauma, provide approaches that center the needs of those most marginalized, and, more so, its explicit human impact. To truly understand the impact of the GV Equity Plan, it is vital to regularly assess it. This report serves as an evaluation of the plan wholistically and departmentally, including observations, conclusions, and recommendations for City leadership for future work and equity plans. 1 Government Alliance on Race and Equity 28 4 Equity Plan Implementation Assessment Objectives For the first time, a formal assessment was created and conducted to not only be accountable to the directive from the City Council, but also to the community of Golden Valley. The report of the plan and its assessment aims to provide the following: • Context to the plan itself. • Additional insight and perspective of the various equity actions. • Show the progress and impact of the identified objectives. Moreover, the information and insight gathered from this assessment will be used to inform the next iteration of the City of Golden Valley Equity Plan. This assessment and the report are one of many resources being built into a future equity plan and will play a significant role in an updated structure and framework. 29 5 Methodology To evaluate the City of Golden Valley 2022 Equity Plan, each department was asked to complete an assessment in the form of a data and information request. The assessment was drafted by the Equity and Inclusion (E&I) Manager. With support of the HR Department as well as the City Systems Subcommittee of the City’s Diversity, Equity, and Inclusion (DEI) Commission, these questions were edited and adjusted to appropriately reflect needed information to be properly assess the goals and objectives of the plan. The assessment was initially presented to the City’s Management Team to inform them about the assessment and instruct on how to complete it. Each departmental director was sent the assessment to complete with their respective departmental leadership and send back to the E&I Manager. Another option for departmental leadership was to have the E&I Manager assist in the completion of the assessment at a departmental leadership meeting. The assessment was broken into five sections. Section one and section two used a Likert scale with the following options: strongly disagree, disagree, agree, and strongly agree. Each Likert scale question also allowed for an “I Don’t Know” selection. Section one asked prompts related to the Equity Plan and its pillars while section two asked prompts regarding the Equity Tool. Section three was a status review for each department’s objectives within a respective pillar of the plan. In this section, each department was instructed to fill-in the coordinating status within the “Status Review” column and complete questions explaining their status selection. Section four of the assessment posed two questions on the implementation of the plan. Similarly, section five posed two questions but, instead, focused on the long-term success of the action taken when enacting the plan. 30 6 City of Golden Valley 2022 Equity Plan Overview The City of Golden Valley 2022 Equity Plan is its third iteration of the City’s Equity Plan that has been adopted for implementation. This plan is comprised of the work conducted through the collaborative efforts of the City’s Equity Leadership Team, Equity Advancement Team, DEI Commission, E&I Manager, and additional staff across the City. The Equity Plan is a guiding document for the City to implement a variety of DEI actions, goals, and strategies. The plan is also comprised of the Equity Tool and equity approaches that help to inform the identified objectives. At the center of this plan are the four key pillars: (1) Economic Prosperity for All; (2) Inclusive Community Engagement; (3) Unbiased Services; and (4) Advancement of Diversity, Equity, and Inclusion. Within each pillar, the various City departments put forth specific objectives to accomplish. Key Pillar 1: Economic Prosperity for All The City of Golden Valley defines economic prosperity for all as the intentional provision of economic opportunities and resources for all communities by finding solutions to support economic growth and inclusion of historically marginalized communities and those facing economic hardship. As an employer and municipality, the City of Golden Valley is determined to identify and disrupt barriers to economic inclusion. Below are the outlined objectives with corresponding department: Objective Department(s) Create and implement pay parity policy Human Resources Create a more intentional opportunities for vendors through updated procurement process Legal Human Resources Community Development Public Works Develop recruitment tools and relationships to increase applications and find talent Human Resources Fire Police Public Works Participate in at least one of Hennepin County’s DBE procurement networking events for small and emerging businesses Community Development Key Pillar 2: Inclusive Community Engagement 31 7 The unique geographic and economic situation of Golden Valley requires the City to use an expanded definition of community. Beyond residents and business owners, the City is accountable to all people that come to the City to work, play, worship and commute. This definition of community begs the City of Golden Valley to develop relationships across municipal boundaries to develop inclusive solution making processes for all stakeholders. Below are the outlined objectives with corresponding department: Objective Department(s) Partner with additional organizations and schools to educate about public works careers Public Works Key Pillar 3: Unbiased Services The City of Golden Valley seeks to provide intentional access regardless of social identity to all of its programs and services. Below are the outlined objectives with corresponding department: Objective Department(s) Train 100% direct service providers on language conversion software Administrative Services Develop strategies to build relationships with low-income, linguistically, and culturally diverse populations Communications Develop and implement strategies for implementing culturally relevant programming for youth Parks and Recreation Implement “Share First” approach through a public data system Legal Develop a Golden Valley Police Department interactive database Police Key Pillar 4: Advancement of Diversity, Equity, and Inclusion The City of Golden Valley continuously analyzes processes, policies, procedures, and systems for disparate outcomes and actively seeks opportunities to develop new tools to support sustainable methods to reduce disparities and increase access. Below are the outlined objectives with corresponding department: Objective Department(s) Assess and revise paid on-call firefighter recruitment and hiring process to increase event attendance and applications by 10 percent Fire 32 8 Complete organizational equity assessment for at least two departments Human Resources Create regular, low-stakes opportunities for staff to learn and discuss a variety of topics relating to different social identities Human Resources Create two training sessions on equity in land use/zoning for Planning Commission and City Council Legal Complete and implement organizational equity assessment Community Development 33 9 City of Golden Valley 2022 Equity Plan Assessment Findings and Results Section 1: Equity Plan and Pillars Overview This section asked departments to gauge their overall familiarity with the Equity Plan and the main structure of it via the use of key pillars. The two prompts of this sections are the following: 1. My department is familiar with the pillars of the Equity Plan. 2. My department is familiar with their role in implementing various strategies and objectives of the Equity Plan. Equity Plan and Pillars Overview Findings and Results: According to the results, 67% of departments across the City do agree that they are familiar with the pillars of the Equity Plan. Roughly 22% of departments strongly agree with the familiarity of their role in implementing the strategies and objectives present in the plan. While there is a sense of agreement related to the plan itself and the structure of it, some departments disagree and indicated that they don’t have great familiarity. Although the plan is interwoven into each department and the expectation was for leadership in those departments to be aware, which should have resulted in full agreement but didn’t. The lack of full agreement creates concern that the plan and all that is comprised of it was not communicated consistently and well enough throughout its implementation as well as if a common point of information like a dashboard could have been beneficial. My department is familiar with the pillars of the Equity Plan. Strongly Disagree Disagree Agree Strongly Agree Don’t Know 11% 22% 67% 0% 0% My department is familiar with their role in implementing various strategies and objectives of the Equity Plan. Strongly Disagree Disagree Agree Strongly Agree Don’t Know 0% 11% 67% 22% 05 Section 2: Equity Tool This section posed three prompts for departments to measure their familiarity, overall usage, and assurance of usage with the main resource of the plan, the Equity Tool. The three prompts of this sections are the following: 1. My department is familiar with the Equity Tool. 2. All contracts and procurement in my department use the Equity Tool. 3. Staff in my department ensure the Equity Tool is used and equity impact is considered in departmental contracts, procurement, and processes. 34 10 Equity Tool Findings and Results: Even though more departments may agree of actually using the Equity Tool, there is still some disagreement with the familiarity of it. This disconnect between familiarity and actual usage creates concern that while the usage of it may be high that the unfamiliarity could create unintentional misuse and the tool itself may create more confusion than help. My department is familiar with the Equity Tool. Strongly Disagree Disagree Agree Strongly Agree Don’t Know 5.5% 22% 56% 5.5% 0% All contracts and procurement in my department use the Equity Tool. Strongly Disagree Disagree Agree Strongly Agree Don’t Know 0% 11% 78% 11% 0% Staff in my department ensure the Equity Tool is used and equity impact is considered in departmental contracts, procurement, and processes. Strongly Disagree Disagree Agree Strongly Agree Don’t Know 0% 11% 78% 11% 0% Section 3: Status Review This section asked for the analyzation of the current status for each department’s objectives within each key pillar. In this analyzation, it was required for the status review column to be filled in with the respective text fill-in. Additionally, departments were asked to provide further context regarding its indicated status in the status review explanation column. The following are the text fill-in indicators: • Fully Implemented = each respective department has taken meaningful steps to implement this objective and has measured the outcomes • Mostly Implemented = on track for completion • Minimally Implemented = delayed or encountering challenges with implementation • Not Implemented = stuck, requires additional support or resolution to get back on track Key Pillar 1 Objectives Results Objective Department(s) Status Review Status Review Explanation Create and implement pay parity policy. Human Resources Minimally Implemented Begun work at looking on how to bring in lived 35 11 experience into pay in addition to using established practices of considering educational and professional experience. Encountered both state and federal legal barriers with additional approaches to stated objective, which required a pause. Create a more intentional opportunities for vendors through updated procurement process. Legal Minimally Implemented All contracts that have come from the legal department have gone through updated processes that included revising language in request for proposals (RFP) to ask about equity impact, share out contracts to disadvantaged business enterprise lists, and using data that is available. Established and further streamlined the Legal and Equity Review process for procurement documents and RFPs. Additionally, added an Equity Consideration to Council Executive Summaries to further illustrate the impact to community with implemented contracts, procurement processes, and RFPs. Human Resources Minimally Implemented When request for proposals RFP) or contracts are needed, they are submitted through the Legal and Equity Review. Data is also 36 12 tracked on which methods of communication regarding departmental contracts and RFPs have been used and how many applicants have come from those methods. Community Development Minimally Implemented Updated request for proposals (RFP) and request for quotes (RFQ) now include language that explicitly asks questions related to equity whether that is the applicant providing their company’s or businesses’ equity plans, their process for subcontracting to disadvantaged business enterprise, or providing examples of how they have taken steps to creating equitable impact in their respective work. Utilized the process of the internal Legal & Equity Review for most contracts, RFPs, and RFQs. Public Works Mostly Implemented Used the state’s disadvantaged business enterprise (DBE) list in the procurement process to engage with more organizations that are minority owned and operated. Although this became part of the process, the businesses and organizations that do the specific work needed are 37 13 not always minority owned or operated. Request for proposals were also redeveloped to ask contractors to provide their organization’s or businesses’ equity plan and placed importance on subcontracting with DBEs. Develop recruitment tools and relationships to increase applications and find talent. Human Resources Minimally Implemented Analyzed pre-employment screening criteria for bias and adverse impacts, which resulted in a change of vendor. Partnered with BrookLynk for some departments and other internship programs to create pathways of youth employment and experience in public government work. Fire Mostly Implemented Assessed the 2020/2021 hiring process and determined specific needs related to changing testing, background investigation, and interview questions. These changes were needed as they presented barriers to specific populations whether that was with initially applying or advancing through the application process. Police Mostly Implemented Partnered with the National Latino Peace Officers Association, Minnesota Asian Police Officers Association, National Black Police Association, and Somali American Police 38 14 Association to develop approaches to recruiting and diversifying police employment. Public Works Fully Implemented Worked with different external organizations and entities such as high schools, Summit Academy, and workforce education training (WET) programs to recruit, build relationships, and increase the awareness of public works as a career field. Established an internal departmental culture that recruitment is a priority of everyone, which helped to shift perspective overall and bring in new applicants. Participate in at least one of Hennepin County’s DBE procurement networking events for small and emerging businesses. Community Development Minimally Implemented Have been aware of events that occur but have not connected fully so as to be invited to participate. Key Pillar 2 Objective Results Objective Department(s) Status Review Status Review Explanation Partner with additional organizations and schools to educate about public works careers. Public Works Mostly Implemented Built and fostered direct contacts with schools in Golden Valley and neighboring cities, which has brough in an increase in applications for seasonal positions but not full-time roles. These contacts have also helped to increase applications from candidates of color and 39 15 additional marginalized identities. Key Pillar 3 Objectives Results Objective Department(s) Status Review Status Review Explanation Train 100% direct service providers on language conversion software. Administrative Services Fully Implemented All direct service staff have been trained in how to use Propio Language Services with communication provided to all City employees of how to access these services when needed. The services provide direct translation and interpreters for over 300 languages. Develop strategies to build relationships with low-income, linguistically, and culturally diverse populations. Communications Minimally Implemented Worked successfully with Parks and Recreation to promote the community garden plots for lower- income residents and all plots were reserved. Still need to develop and use metrics to gauge what strategies would be appropriate for each department and a dedicated budget for services such as translation of communication materials. Develop and implement strategies for implementing culturally relevant programming for youth. Parks and Recreation Fully Implemented Expanded mobile programming to reach underserved neighborhoods, partners with northwest suburbs to expand adaptive programming for youth and adults, and explored and implemented culturally specific events. 40 16 Implement “Share First” approach through a public data system. Legal Mostly Implemented Developed materials and curriculum to engage departments about how systemic racism can be built into public data systems. Identified current practices and polices that uphold systems of exclusion, specifically related to housing and property deeds. Develop a Golden Valley Police Department interactive database. Police Not Implemented Looking into several interactive data dashboards that can provide community with crime data and statistics but have not yet built or implemented them. Key Pillar 4 Objectives Results Objective Department(s) Status Review Status Review Explanation Assess and revise paid on-call firefighter recruitment and hiring process to increase event attendance and applications by 10 percent. Fire Mostly Implemented Assessed current model of on-call and made changes to a duty crew model. This change and the marketing of this change has steadily increased the applications but not exactly by 10 percent. Additionally, a change in radius requirements to 12 minutes has expanded the pool of candidates. Complete organizational equity assessment for at least two departments. Human Resources Not Implemented Assessment and alignment plans were created in 2022 with a plan to complete them with City Management and Community Development, but were never finished. 41 17 Create regular, low- stakes opportunities for staff to learn and discuss a variety of topics relating to different social identities. Human Resources Mostly Implemented Topical training and employee engagement opportunities were done through the internal Equity Advancement Team. Assessments to gauge audience engagement or comprehension need to be developed. Create two training sessions on equity in land use/zoning for Planning Commission and City Council. Legal Minimally Implemented Partnered with American Planning Association and Just Deeds to develop the overall training program. Hired an outside consultant to lead the curriculum development of the training. Established future plans of piloting the training in Twin Cities metro cities before expanding to other cities. Complete and implement organizational equity assessment. Community Development Not Implemented Unaware of this specific objective and no assessment tool was indicated, provided, or assigned to this objective. Section 4: Reflection on Plan Implementation In the fourth section, departmental leadership were asked to answer questions related to the Equity Plan implementation. This section posed the following two questions to be answered as it pertains to their respective department: • Question 1: Describe a time when you felt the implementation of these objectives went well. What made it possible? • Question 2: Beyond funding, staff and time, name 1-2 tools, resources, or working behaviors that would have been helpful when implementing these objectives. Below are identified themes and trends for each question: • Questions 1: 42 18 o Shift in thinking, perspective, and culture about the benefits and advantages of focusing on the needs of specific communities. o Recognition and then active removal of barriers at play, especially at it relates to recruitment of employees. o • Questions 2: o Having clear and specific measurable objectives that could be then measured. o Better cross-departmental collaboration, connection, and communication. o Ease of access to data and processes in place to collect data that can be easily disaggregated. Section 5: Preparing for Long-Term Success In the last section, departmental leadership were asked to answer questions related to the long-term success of actions taken during the implementation of the Equity Plan. This section posed the following two questions to be answered as it pertains to their respective department: • Question 1: Think about who benefited from your department’s equity actions to date, and why. What is different for people, and how can we build on that momentum in the next action plan? • Question 2: Think about the next 2 years as your department identifies and implements further equity actions. Name 1-2 challenges that may affect the implementation as well as how this might have unintended consequences internally with employees and externally with community members. Below are identified themes and trends for each question: • Question 1: o Youth benefited when programs and engagement were centered on their specific needs of transportation, location, and fiscal costs. o Departments and, in turn, staff benefited when initiatives and action were primarily focused efforts of recruitment. o Some departments were unable to evaluate the impact to people or community because there is no identified method at the creation of the equity action. • Question 2: o Not having proper tools and resources to implement actions, incorporate equity perspectives, and gather and assess data. o Accessing community and community input in an empowering and collaborative manner. 43 19 o Change in staffing and knowledge retention, especially with an increase in retirement and general turnover. 44 20 City of Golden Valley 2022 Equity Plan Assessment Conclusions and Recommendations Conclusions The Diversity, Equity, and Inclusion Commission (DEIC) and the Equity and Inclusion (E&I) Manager collaboratively reviewed the assessment results. From the conducted review, the following areas of success and opportunity for growth were identified: • Ares of Success o Establishing and fostering partnerships or relationships with external partners, especially as it relates to recruitment, has shown to increase interest and applications. o Adjusting requirements and providing opportunities so as to remove named and identified barriers has increased participation and engagement as well as shifted perception of that field of work in a positive manner. o First identifying needs and then building and/or adjusting resources, services, and opportunity to directly aim at that need. o When executed, collaboration across departments allowed for named outcomes, actions, and results to be more dynamic and culturally responsive. • Areas of Opportunity for Growth o Providing stronger, more structured community engagement efforts that aim to move community into decision making roles, whether City-wide or departmentally. o Having intentional time, focus, and money dedicated to DEI efforts and actions that are relevant and reflective of that department’s work and responsibilities. o Taking the initiative to use and implement assessment and evaluative tools, data and databases, and project management to make informed and equity-focused decisions. o Building in methods that directly assess and address who and how they are impacted by the identified equity action. While the GV Equity Plan itself does provide some guidance and grounding, it falls short in various ways and in its overall implementation including the execution of each departmental objective. Although department staff had a strong familiarity with the plan’s structure, many did not fully implement their respective objectives. In the creation of the departmental objectives, staff either included vague measurable outcomes or none at all, which created restrictions in accurately assessing their specific work. As a result, it has led to ambiguous paths of accountability as well as required an alternative and less effect manner of evaluating the success of the plan. Altogether, this illustrates a disconnect that could come from shortcomings in communication of the plan, financial underinvestment for each objective, deficiencies in cross-departmental collaboration and communication, and lack of command of the responsibilities to implement each action. 45 21 Recommendations Future equity plans must be taken seriously and seen as an essential way of operating a city. Whether it is from City Council or each department, to not view and implement a plan with both resolve and resoluteness can have negative human consequences, further the mistrust of government, and create clear disconnect from stated City values. Additionally, forthcoming equity plans and objectives must be clear about their baseline of measurement and what inequities are addressed such as racial equity, gender equity, health equity, and the like. With structure, accountability, cocreation, and clarity of purpose and responsibility, plans such as these can become beacons of change, provide and create long lasting impact, and move away from norms that are dangerous and harmful to norms that center compassion, empathy, and liberation. Taking this into consideration, the DEIC and E&I Manager jointly crafted the following recommendations: Overarching Equity Plan Recommendations: 1. Identify stakeholders with the work of the City and have pathways of involvement into collaboration, decision making, and implementation. 2. Collaborate with City commissions and community members as well as use tools such as the inclusive holiday and cultural calendar and IAP2’s spectrum of public participation to have a holistic approach to developing and implementing equity actions. 3. Create attainable measurable outcomes for the established equity actions of each department with built baselines of measurement and manners of evaluation for stated outcomes. 4. Establish explicit and defined financial investment both departmentally and City-wide to implement equity actions and initiatives. 5. Determine specific roles or leaders, internally and externally, for each equity action and its objectives with designated responsibilities to have more structured accountability, collaboration, and completion. Department Specific Recommendations: 1. Provide consistent, continuous, and clear communication about the Equity Plan to City employees and community using various communication tools and accessible dashboards from the Equity Team. 2. Have communication, whether internal or external, be an integral and inseparable component of equity actions and initiatives. 46 22 3. Make established equity actions and initiatives appropriately reflective of departmental responsibilities and use a departmentally reflective equity lens to establish stated actions. 4. Reframe and continue training related to applying and using the Equity Tool and measures of accountability tied to this tool. 5. Create a procurement process that is well structured to incorporate and involve Disadvantaged, Minority, Women, Emerging, and Small Businesses (DMWESB) as well as bolstered through an updated maintained city vendor system. 47 Review of Future Draft Agendas Meeting & Item Info November 21, 2023 City Council Meeting - 6:30 PM 1A - Pledge of Allegiance and Land Acknowledgement Presentation New Employee Introductions Proclamation Declaring Small Business Saturday on November 25, 2023 Consent - City Check Registers Approval of City Check Registers Consent - Licenses Consent - Boards, Commissions, and Task Forces Consent - Bid, Quotes, and Contracts Approve Cost Share Agreement for Purchase of High Efficiency Street Sweeper with BCWMC Approve Purchase of an Elgin Regen X Street Sweeper from MacQueen Equipment, LLC Approve Purchase of a 2024 Ford Escape Hybrid from Ford of Hibbing Approve Purchase of a 2024 Ford F-150 from Tenvoorde Ford, Inc. Consent - Grants and Donations Consent - Miscellaneous Receive and File Previous Quarter's Financial Reports Approve Update to City's Data Practices Policies, Resolution Adopt Records Management Policy, Resolution Receive and File 2022 Equity Plan Implementation Report Adopt Resolution No. 23-XXX Approving Revised Final Plat for Sentinel GV Public Hearing Old Business New Business Second Consideration Updates to Animals Ordinance (goats) Second Consideration Ordinance Amending Master Fee Schedule December 5, 2023 HRA Meeting - 6:30 PM Consent Agenda Approval of HRA minutes Receive and File Previous Quarter's Financial Reports Public Hearing Old Business New Business Public Comment & Adoption of HRA Budget & Levy December 5, 2023 City Council Meeting - 6:30 PM 1A - Pledge of Allegiance and Land Acknowledgement Presentation Receive/Approve Community Service Commission Allocation Report and Resolution Consent - Council Minutes Approval of all November Council minutes Consent - City Check Registers Approval of City Check Registers Consent - Licenses Cigarette/Tobacco License Renewals Therapeutic Massage Facility & Individual Therapist License Renewals Consent - Boards, Commissions, and Task Forces Consent - Bid, Quotes, and Contracts 48 Meeting & Item Info Approve Cooperative Agreement with BCWMC for Bassett Creek Restoration Project (Regent Ave to Golden Valley Rd) MCES Private I&I Grant Agreement RFP 2023 Audit Consent - Grants and Donations Receive/ File Annual Grants Report Consent - Miscellaneous Annual Designation of Polling Places for Upcoming Election Cycle, Resolution Approve Resolution Granting City Council Consent and Authorization for the Housing and Redevelopment Adopted Tax Levy Payable in 2024 Approve Resolution Adopting the 2024-2033 Capital Improvement Program Approve Resolution Adopting the 2024-2025 Budget for Enterprise, Special Revenue and Internal Services Funds Public Hearing Old Business New Business Public Comment & Adoption of Budget and Tax Levy (including Truth in Taxation Hearing) First Consideration - Repeal City Code Article XIX, THC Retail Establishment Licensing December 12, 2023 City Council Work Session - 6:30 PM Review Next Year's Legislative Priorities CP Rail Regional Trail - Preliminary Route Recommendation Handbook updates Council Review of Future Draft Agendas December 19, 2023 Special Council Open House - 5:30 PM Out going elected officials open house/thank you December 19, 2023 City Council Meeting - 6:30 PM 1A - Pledge of Allegiance and Land Acknowledgement Presentation Presentation of Bill Hobbs Human Rights Award New Employee Introductions/Promotions/Swearing-In Ceremony Consent - City Check Registers Approval of City Check Registers Consent - Licenses Consent - Boards, Commissions, and Task Forces Consent - Bid, Quotes, and Contracts Approve Annual Bobcat Trade Out Approve Contract with Municipal Advisor Service Contract for Replacement of City Hall Roof Top Unit Approve Agreement with Hennepin County for the 2024/2025 Sentencing to Service Program 2024 Contract for DeCola B and C Tree Planting Consent - Grants and Donations Consent - Miscellaneous Resolution - Acceptance of Ongoing Donations Set Upcoming Year's City Calendar and Meeting Dates Approve Employee Handbook Updates Annual Compensation Grid Update, Resolution Public Hearing 2024 PMP Public Improvement Hearing Sacred Communities (Zoning Text Amendment) (tentative) Old Business 49 Meeting & Item Info New Business Second Consideration - Repeal City Code Article XIX, THC Retail Establishment Licensing and Adoption of a Resolution for Summary Publication January 2, 2024 City Council Meeting - 6:30 PM Call to Order Pledge of Allegiance and Land Acknowledgement Oath of Office Seating of the Council Roll Call Presentation Consent - Council Minutes Approval of all December Council minutes Consent - City Check Registers Approval of City Check Registers Consent - Licenses Consent - Boards, Commissions, and Task Forces Consent - Bid, Quotes, and Contracts Approve Engagement Letter - Auditing Services for Fiscal Year Consent - Grants and Donations Consent - Miscellaneous Designation of Depository for City Funds, Resolution Approval of Use of Credit Cards for Purchases Adopt Resolution for the Annual Elections of the 2024-2025 Insurance Policy Designation of Official Newspaper Adopt 2024 Federal and State Legislative Priorities Public Hearing Old Business New Business January 9, 2024 City Council Work Session - 6:30 PM Building Official Update Annual Report from City Prosecutor 2024-2026 City of Golden Valley Equity Plan Council Review of Future Draft Agendas 50