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02-06-24 City Council Agenda February 6, 2024 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Lift Every Voice and Sing (Black National Anthem) - Performed by Mari Harris 1C.Roll Call 1D.Proclamation Honoring Black History Month 1E.Certificate of Appreciation for Outgoing Hopkins School Board Member Katie O'Shea Pederson 1F.New Employee Introductions 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 Check Registers 3B.Licenses: 3B.1.Gambling License Exemption and Waiver of Notice Requirement - Good Shepherd Catholic Church and School 3C.Boards, Commissions, and Task Forces: 3C.1.Accept Resignation from the Police Employment, Accountability, and Community 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 2633 278 5465 and webinar password 1234. 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 2633 278 5465 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting February 6, 2024 — 6:30 PM 1 Engagement Commission 3C.2.Adopt Resolution No. 24-010 Appointing Representation to the Golden Valley-Crystal-New Hope Joint Water Commission 3D.Bids, Quotes, and Contracts: 3D.1.Approve Investment Advisory Agreement with Ehlers Investment Partners 3D.2.Approve Contract for Pond F Storm Sewer Repairs with Valley Rich Co., Inc. 3E.Grants and Donations: 3E.1.Approve Resolution No. 24-011 Accepting a Donation for the 2023 GVPD Shop with a Cop Outreach Event From James and Kathleen Johnson, Rudy Luther Toyota, and the Golden Valley Crime Prevention Fund 4.Public Hearing 5.Old Business 6.New Business All Ordinances listed under this heading are eligible for public input. 6A.First Reading of Ordinance No. 779 Amending City Code Chapter 10, Article III - Shade Tree Disease and Pest Control to Discontinue Private Ash Tree Condemnation 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 February 6, 2024 — 6:30 PM 2 EXECUTIVE SUMMARY Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 6, 2024 Agenda Item 1D. Proclamation Honoring Black History Month Prepared By Seth Kaempfer, Equity and Inclusion Manager Summary February is celebrated as Black History Month. This month is about celebrating the powerful, transformative contributions the Black community has made and continues to make in arts, music, law, literature, science, education, entertainment, politics, and other endeavors. Black History Month calls into focus the immutable, intersectional, and longitudinal impact of the Black community, past, present, and future. This proclamation calls upon the community in Golden Valley to collectively acknowledge the social construct of race and its usage to dehumanize, brutalize, and legally and systemically relegate the Black Community. In addition, this proclamation calls upon the Golden Valley to recognize and confront racial inequities, leading to liberation and celebration. Black history is foundational in the history of the United States, Minnesota, and Golden Valley. Legal Considerations This item did not require legal review. Equity Considerations This proclamation aligns with the City's commitment to diversity, equity, and inclusion and the City's welcome statement. The City supports and honors individuals of all backgrounds and believes it is critical to acknowledge celebrations such as Black History Month to both educate community and staff as well as create space for belonging of this richly diverse community. Recommended Action Motion to adopt proclamation honoring the month of February as Black History Month. Supporting Documents Proclamation for Black History Month 3 CITY OF GOLDEN VALLEY PROCLAMATION HONORING BLACK HISTORY MONTH FEBRUARY 1 – 29, 2024 WHEREAS, in 1926, Dr. Carter G. Woodsen, a Harvard scholar, established the observance of Negro History Week to call upon institutions of education and communities to broaden the nation’s consciousness of the contributions of the Black community as foundational to the history of the United States; and WHEREAS, the focus on Black history grew with the various movements for equity and justice, specifically the Civil Rights Movement, expanding and evolving from one week to Black History Month; and WHEREAS, Black History Month celebrates the powerful, transformative contributions the Black community has made and continues to make in arts, music, law, literature, science, education, entertainment, politics, and other endeavors; and WHEREAS, Black History Month is an opportunity to call into focus the immutable, intersecting, and longitudinal impact of the Black community past, present, and future; WHEREAS, Black History is a time to acknowledge the social construct of race and its usage to dehumanize, brutalize, and legally and systemically relegate the Black Community; WHEREAS, in its commitment to racial equity, the City of Golden Valley must recognize and confront racial inequities, leading to liberation and celebration. WHEREAS, in 2024, Black History Month honors the theme “African Americans and the Arts”, which is established by the Association for the Study of African American Life and History; and NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Golden Valley does hereby proclaim the month of February as “Black History Month” and call upon the people of the Golden Valley to recognize the contributions made by members of the Black community and to actively promote the principles of equality, equity, liberty, and justice. I, Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on February 6 th, 2024. 4 _____________________________ Roslyn Harmon, Mayor 5 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 6, 2024 Agenda Item 1F. New Employee Introductions Prepared By Theresa Schyma, City Clerk Summary Streets & Vehicle Maintenance Supervisor Beugen will introduce new Street Maintenance Worker Charles Harris. Legal Considerations Legal review is not required on this item. Equity Considerations Equity review is not required on this item. Recommended Action No action is required on this item. 6 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 6, 2024 Agenda Item 3A. Approval of City Check Registers Prepared By Jennifer Hoffman, Accounting Supervisor Summary Approval of the check register for various vendor claims against the City of Golden Valley. Document is located on city website at the following location: http://weblink-int/WebLink/Browse.aspx?id=1037405&dbid=0&repo=GoldenValley The check register(s) for approval: 01-17-2024 Check Register 01-24-2024 Check Register 01-31-2024 Check Register Financial or Budget Considerations The check register is attached with the financing sources at the front of the document. Each check has a program code(s) where it was charged. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 7 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 6, 2024 Agenda Item 3B.1. Gambling License Exemption and Waiver of Notice Requirement - Good Shepherd Catholic Church and School Prepared By Theresa Schyma, City Clerk Summary The Good Shepherd Catholic Church and School, 145 Jersey Avenue South, has applied for a Gambling License Exemption to conduct gambling (raffle) at their annual gala event at the Golden Valley Country Club, 7001 Golden Valley Road, on March 9, 2024. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Good Shepherd Catholic Church and School, 145 Jersey Avenue South, for a raffle at their annual gala event at the Golden Valley Country Club on March 9, 2024. 8 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 6, 2024 Agenda Item 3C.1. Accept Resignation from the Police Employment, Accountability, and Community Engagement Commission Prepared By Melissa Croft, Executive Assistant Summary Commissioner Randy Anderson has submitted their resignation from the Police Employment, Accountability, and Community Engagement Commission. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to accept the resignation of Randy Anderson from the Police Employment, Accountability, and Community Engagement Commission, effective February 9, 2024. 9 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 6, 2024 Agenda Item 3C.2. Adopt Resolution No. 24-010 Appointing Representation to the Golden Valley-Crystal-New Hope Joint Water Commission Prepared By Theresa Schyma, City Clerk Summary The Council appointed City Manager Cruikshank to a three year term on the Golden Valley-Crystal- New Hope Joint Water Commission (JWC) on January 17, 2023. Historically these appointments are filled by the City Manager of each representing city; however, with the impending retirement of City Manager Cruikshank, staff believe the best approach moving forward is to update the appointment process. To ensure the City always has voting representation on the JWC, the proposed resolution appoints the role of City Manager instead of appointing a person by name. Furthermore, the City has subject matter experts that attend JWC meetings and are fully equipped to weigh-in on matters from the City's perspective; therefore, the proposed resolution also allows the Public Works Director to represent the City in situations where the City Manager or, in the City Manager’s absence, the staff person filling the role of City Manager, are unable to attend a JWC meeting. Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to adopt Resolution No. 24-010 appointing representation for the City of Golden Valley to the Golden Valley-Crystal-New Hope Joint Water Commission. Supporting Documents Resolution No. 24-010 Appointing JWC Representative 10 RESOLUTION NO. 24-010 RESOLUTION APPOINTING REPRESENTATION ON THE GOLDEN VALLEY-CRYSTAL-NEW HOPE JOINT WATER COMMISSION WHEREAS, the cities of Golden Valley, New Hope and Crystal created a Joint Water Commission (the “JWC”) in 1963 to benefit the three communities; and WHEREAS, pursuant to section 2 of the JWC Joint Powers Agreement, the City Council of each city must appoint a representative to the JWC Commission by resolution; and WHEREAS, it is in the best interest of the City to appoint the City Manager to the Commission for a three year term or until such time as there is a change to the joint powers organization; and WHEREAS, City Manager Timothy J. Cruikshank was last appointed to a three year term as the City’s JWC representative on January 17, 2023; and WHEREAS, the impending retirement of City Manager Timothy J. Cruikshank necessitates an update to representation on the JWC for the remainder of the three year term; and WHEREAS, to ensure the City always has voting representation on the JWC, the best approach moving forward is to appoint representatives by roles rather than individual names; and WHEREAS, the City has subject matter experts, such as the Public Works Director, that attend JWC meetings and are fully equipped to weigh-in on matters from the City's perspective in the absence of the City Manager or, in the City Manager’s absence, the staff person filling the role of City Manager. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the Golden Valley City Manager is hereby appointed to fill the remainder of the three year term that is set to expire on January 31, 2026 as the City of Golden Valley's representative on the Golden Valley-Crystal-New Hope Joint Water Commission. BE IT FURTHER RESOLVED by the City Council of the City of Golden Valley, Minnesota, that in the Golden Valley City Manager’s absence, the staff person filling the role of City Manager or the Public Works Director can act as the City of Golden Valley’s representative on the Golden Valley- Crystal-New Hope Joint Water Commission for the remainder of the three year term that is set to expire on January 31, 2026. Adopted by the City Council of Golden Valley, Minnesota this 6th day of February 2024. ____________________________ ATTEST:Roslyn Harmon, Mayor _______________________________ Theresa Schyma, City Clerk 11 EXECUTIVE SUMMARY City Attorney 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 6, 2024 Agenda Item 3D.1. Approve Investment Advisory Agreement with Ehlers Investment Partners Prepared By Maria Cisneros, City Attorney Jennifer Hoffman, Accounting Supervisor Summary As part of the RFP for Municipal Advisors, the City asked firms to submit bids to provide investment services, debt issuance, tax increment and financial planning. The City contracted with Ehlers to provide debt issuance, tax increment and financial planning. That contract stated that the investment advisory services would be agreed upon under a separate contract due to the regulatory nature of the service. Cities work with registered investment advisors to assist with investments because staff traditionally do not have the level of knowledge, expertise or time to ensure the City is maximizing its returns on its investments. Ehlers has been an SEC Registered Investment Advisor since 2007 and serves only municipalities, primarily in MN and WI. Ehlers manages over 250 unique relationships and has approximately $2.4 billion in assets under management. Ehlers serves as a fiduciary to provide independent investment advice, in its client’s best interests, by managing investment portfolios separately, each with their own unique investment strategy. Staff recommends engaging Ehlers to perform the function of Investment Advisor for the City due to their public sector investment expertise, independent fiduciary commitment to the City, greater access to capital markets and investment selections, and the ability to free up staff time for higher uses. Ehlers will provide the City customized monthly and quarterly investment reports, work with City staff to determine current and future cash flow needs, select and purchase appropriate investments per the City’s investment policy. Ehlers will participate in City meetings as requested, and monitor the portfolio for statutory compliance. In addition, Ehlers will complete a review of the City’s investment policy and make recommended changes as deemed appropriate. Financial or Budget Considerations The cost of this service is included in the 2024 Budget. Legal Considerations The City Attorney has reviewed and approved this contract. 12 Equity Considerations The contract with Ehlers Investment Partners, fits within the pillar economic prosperity for all as the services aim to invest public dollars to supplement the work of the City. To select an appropriate and relevant company, staff issued an RFP and conducted a selection process. This allowed the City to select a qualified company that aligned with the City's needs and budgetary priorities. Hiring a subject matter expert to oversee investments allows for better oversight of City dollars and more opportunity to take advantage of strategic investment opportunities. Recommended Action Motion to A pprove Investment Advisory Agreement with Ehlers Investment Partners. Supporting Documents GV Investment Advisory Agreement 13 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 Rev. 2019-0225 INVESTMENT ADVISORY AGREEMENT City of Golden Valley This Agreement is entered into as of the Effective Date (described below) between Ehlers Investment Partners, LLC (referred to as “Advisor,” or “we,” “us,” or “our”), and the municipal government entity named above (referred to as “Client,” “you” or “your”). The parties agree as follows: 1)THE PROGRAM; ADVISOR AND AFFILIATES; RECEIPT OF DOCUMENTS; QUESTIONS AND RISKS a)Advisor and Advisor’s Affiliates. Advisor is an investment adviser registered with the United States Securities and Exchange Commission (“SEC”). Advisor previously conducted business under the name “BBE Community Investment Partners, LLC.” Advisor provides municipal governments a program of investment management services which includes cash flow analysis and forecasting, and related services known as investment advisory services (the “Program”), including the following (all the “Services”): i)Assisting Client in establishing investment objectives, consistent with Client's risk tolerance, financial needs and goals, and Client’s Investment Policy Statement (as described below); ii)Assisting Client in establishing asset allocation mix based on Client's financial position, cash flow, risk preference, time horizon, and the Investment Policy Statement; iii)Setting up a Client safekeeping account ("Program Account"), as defined below, with a qualified bank, brokerage firm or other financial institution (“Custodian’). iv)Assisting Client in transfer of assets to and from Program Accounts, as directed by Client, for safekeeping; v)Implementing trades and account management, as described in paragraphs 4 and 5; vi)As requested by Client, preparing periodic performance reports regarding the Program Account; vii)Meeting with Client, as needed, for updates of ongoing investment planning and portfolio review; viii)At the direction of Client, contracting with third-parties to provide money market mutual funds, certificates of deposit (collateralized or uncollateralized) and other securities, as applicable; and ix)With direction from Client, preparing a cash flow forecast to aid in determining funds available for investment. b)Agreement Governs Services and Program. Client’s participation in the Program, the Services, and the management of Program Account will be governed by the terms of this Agreement. c)Advisor’s Affiliated Companies. Advisor is one of the affiliated financial services companies comprising the Ehlers Companies, which also include Bond Trust Service Corporation, which provides paying agent services, and Ehlers & Associates, a registered municipal advisor, which provides municipal advisory services to government and not for profit entities. It is not anticipated that one of these affiliates will provide services for Client under this Agreement. If Adviser determines to engage the services of a company affiliated with it in providing advisory services to Client pursuant to this Agreement, Advisor will disclose such engagement to Client and Client may instruct Adviser to terminate such relationship at any time. Advisor, Bond Trust Service Corporation, and Ehlers & Associates do not share fees except through common ownership of Ehlers Companies. d)Program Account and Custodian. You will or have established the Program Account (defined below) with the Custodian (identified below) who will hold and maintain the Program Assets (defined below) in your name. You have or will identify the initial assets that will comprise the Program Assets, either on Exhibit 14 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 2 | P a g e A attached hereto and incorporated herein by this reference or on forms now or hereafter supplied by Advisor or Custodian. e)Receipt of Documents. You acknowledge you have received and had the opportunity to review and ask our investment adviser representative assigned to your account (the “Representative”) questions about the following documents: (i)our Brochure, Form ADV Part 2A (the “Brochure”), (ii)the Brochure Supplement for our Representative (the “Brochure Supplement”), (iii)our Notice of Privacy Policies summarizing our policies regarding your personal information, and (iv)a copy of this Agreement. f)Opportunity to Discuss Questions. You have had the opportunity to discuss with the Representative: (i)the anticipated types of investments in which the Program Account will invest, which shall be permitted investments under applicable state statute or client-specified investment policy; (ii)the investment strategy (the “Strategy”) the Representative expects to use in managing the Program Assets; (iii)the risks of the Program, these and types of investments; (iv)the fees you will pay and the other expenses the Program Account will incur in the Program; and (v)the circumstances where we have economic incentives and conflicts of interests to place our interests ahead of yours. g)Acceptance of Risk. You acknowledge and agree that the Program Account will be managed by Advisor and Representative on a non-discretionary basis: You acknowledge you understand and agree to accept the risks, fees, costs, and conflicts of interest associated with this Agreement and your participation in the Program. 2)CUSTODIAN, ACCESS TO ACCOUNT INFORMATION, THE PROGRAM ACCOUNT, AND THE PROGRAM ASSETS a)Custodian and Program Account. To participate in the Program, your assets must be maintained in account(s) under your name (the “Program Account”) with one or more qualified custodians (collectively, if more than one, the “Custodian”). Your account with the Custodian will be governed by separate agreements between you and the Custodian, and you will be solely responsible for negotiating the terms of such agreements. The Program Account will bear the fees and expenses of the Custodian and of transactions for the Program Assets, according to your agreement with the Custodian. These costs will be separate from and in addition to the Advisory Fees your account pays. (i)The Custodian will send you at least quarterly a statement for the Program Account reflecting the Program Assets received or disbursed by the Custodian, the amount of fees or expenses paid from the Program Account, the transactions occurring with respect to the Program Account, and a summary of the Program Account’s positions and values, as of the end and for the period covered by such statement. You authorize the Custodian to send copies of its statements and confirmations of transactions to us and your Representative, along with an indication that the statements have been sent to you, and to permit us and the Representative to electronically view and download Program Account information. You grant us unrestricted access to your account information. b)Program Assets. The “Program Assets” refer, collectively, to the assets maintained by the Custodian for the Program Account, including without limitation, the income, gains, and additions thereto, as reflected on the Custodian’s records from time to time. An asset becomes a Program Asset as of the date the asset is 15 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 3 | P a g e posted by the Custodian to the Program Account (which may be different than the trade date or settlement date). (i)We will not manage or be responsible for taking any action with respect to an asset unless and until it becomes a Program Asset, even if such asset is otherwise held or maintained by the Custodian. You shall be solely responsible for the investment and reinvestment of your assets, and you will bear the risk of market fluctuations and any decline (or increase) in value, until such assets have become Program Assets. (ii)Client acknowledges that during the term of this Agreement, there will be periods of time when neither Client nor Advisor will be able to effect transactions for Client’s assets (such as, for example, when an asset is being transferred, purchased, exchanged, or redeemed), or when Program Assets will be subject to limitations or restrictions on transfer, purchase, exchange, or redemption imposed by a mutual fund company or other issuer, and Client agrees to bear the risk of market fluctuations and any decline (or increase) in value during such periods. 3)THE PROGRAM AND THE PROGRAM ACCOUNT a)Suitability Information. (i)Representative will assist Client in completing an account profile to collect information regarding the Client's financial situation, and the investment objective, tolerance for risk, liquidity needs, and investment time horizon for the Program Account (all the “Suitability Information”), as well as any reasonable investment restrictions the Client wishes to impose. (ii)Representative will assist Client to develop an investment policy statement (the “IPS”) which summarizes a range of factors affecting the recommendations Advisor makes for the Program Account, which may include, initial asset classes and allocation targets, minimum quality and duration standards, risk tolerance and volatility limits, diversification requirements, and expectations for account rebalancing to maintain designated targets. However, Client recognizes there will be times when, in Advisor’s judgment, deviation or modification from any guideline, policy, target, or minimum standard, limit, requirement, or expectation contained in the IPS is appropriate, and Client hereby agrees, consents, and ratifies each such deviation or modification. b) Program Account. Advisor will provide continuous and regular investment management services with respect to the Program Assets. Client may at any time deposit additional funds and/or securities with Custodian so as to increase the Program Account. Client may also withdraw funds or securities from the Program Account by giving notice to Advisor and Custodian. Client can choose to engage Advisor to provide investment advisory services on a discretionary or non-discretionary basis. i)Discretionary. By electing discretion, Client grants Advisor full authority to buy, sell, or otherwise effect investment transactions involving the Program Assets in the Program Account. Clients who engage Advisor on a discretionary basis may, at any time, request reasonable restrictions, in writing, and subject to review and approval, Advisor will accommodate such requests.(i.e. limit the types/amounts of particular securities purchased for the Account, exclude the ability to purchase securities with specific investment ratings, etc.) ii)Non-Discretionary. By electing to engage Advisor on a non-discretionary basis, Advisor shall not exercise discretion with respect to the Account or transactions. Advisor will make investment recommendations, based upon the needs of the Client, as to specific cash and security investments the Program Account may purchase or sell, guided by the Suitability Information, Investment Policy Statement, applicable State Statutes and information provided to Advisor from time to time, and if such recommendations are accepted by the Client, Advisor is responsible for arranging or effecting the purchase or sale of such investments. 16 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 4 | P a g e 4)ADVISOR’S AUTHORITY. a)Authority to Act for Client and the Program Account. In the performance of Advisor’s responsibilities under this Agreement: (i)Client authorizes Advisor and Representative, at Client’s risk: (A)to issue instructions or orders to Custodian: to purchase, sell, exchange, redeem, or otherwise effect transactions involving the Program Assets, as they deem necessary or proper to manage the Program Account consistent with the Suitability Information; (B)to transfer Program Assets to one or more accounts maintained at a qualified custodian with an accountholder registration identical to the Program Account (each a “Transferee Account”), which Client must specifically identify (e.g., by name of qualified custodian, account registration, and account number); provided, (1)if the Transferee Account is intended to be a Program Account, Client has designated it as such on forms as Advisor or Custodian request, and furnished a copy of this Agreement to its Custodian, in which case Advisor is specifically empowered to transfer assets to and from such Program Account, as necessary, consistent with its management responsibilities; or (2)if the Transferee Account is not a Program Account, Client has authorized Advisor in writing to make specific transfer(s) to (but not from) the Transferee Account and a copy of that authorization is provided to the qualified custodian; and (C)to perform acts necessary or convenient for the efficient management or administration of the account or performance of Advisor’s obligations under this Agreement; provided, in no event shall Advisor have such authority as to constitute actual or constructive custody of the Program Assets (other than the authority with respect to the payment of the Advisory fees); (D)provided, Advisor shall not have any authority: to obtain possession of the Program Assets (except in payment of the Advisory Fees, as provided below); or to cause the transfer or distribution of any of the Program Assets out of a Program Account (other than in connection with usual trading or transactions for the Program Account), except to an account with a qualified custodian with an accountholder registration identical to the Program Account; and (ii)Client specifically agrees that all authority granted in this Agreement to act on behalf of Client and the Program Account is granted solely to Advisor, and the descriptions of authority that refer to the Representative are limited to authority Advisor grants to Representative to provide investment advisory services on Advisor’s behalf for Client and the Program Account. Advisor may limit or terminate any authority granted to a Representative in our discretion; and all such authority to act terminates immediately upon Advisor’s termination of such authority. b)Evidence of Advisor’s Authority. Advisor may provide a copy of this Agreement to any Custodian, broker, or other third-party, as evidence of Advisor’s authority to act for you and the Program Account. c)Reliance on Suitability Information and Investment Policy Statement. Client shall provide Advisor with accurate, complete, and current Suitability Information and Investment Policy Statement necessary for Advisor to manage the Program Assets and provide the services pursuant to this Agreement. (i)Client acknowledges the Representative and Advisor have and will rely on the Suitability Information and Investment Policy Statement in making investment recommendations for the Program Account. Client agrees to notify Representative and Advisor promptly, in writing, of changes in the Suitability Information and Investment Policy Statement, such as any new or changed information regarding Client’s financial condition or needs, tolerance for risk, investment time horizon, or investment objective, or changes in the Client’s asset allocation targets, or investment restrictions, or other matters, as expressed in the Investment Policy Statement, or any other matter that would be material to the investment advice or other services Advisor provides for Client. 17 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 5 | P a g e (ii)Client agrees that neither Representative nor Advisor, nor any of Advisor’s directors, officers, employees, or agents will be responsible or liable as a result of Client’s failure to provide Advisor with timely, accurate, and complete Suitability Information, or to notify Advisor of any new or changed information, as described in the preceding paragraph. Client agrees to hold all of Advisor and Advisor’s affiliates, and all of such persons harmless and to indemnify each of them for any loss, liability, damage or expense (including without limitation, reasonable attorneys’ fees) incurred by any of them, arising from or related to Client’s failure to ensure that the Suitability Information or Investment Policy Statement is timely, accurate and complete, or Client’s failure to notify Advisor of any new or changed information that would be material to the investment advice or other services Advisor provides. (A)Client is not waiving any right or remedy Client would have against Advisor or Representative under the Investment Advisers Act of 1940 or other federal securities laws. d)No Guarantees Regarding Profits or Limitation of Losses. Advisor cannot guarantee that participation in the Program will be profitable or that Client losses will be limited. Client agrees to bear the risk of losses resulting from investing the Program Assets in the Program. e)Tax Consequences. Client acknowledges that Advisor is not acting as a tax accountant or lawyer for Client, and neither Advisor nor Representative has provided Client with any tax opinions or legal advice with respect to the Program. The purchase, sale, exchange, and redemption of Program Account investments will generally be treated as taxable events. Client has consulted its tax advisor or otherwise understands the potential tax consequences of the Program. 5)EXECUTION OF ACCOUNT TRANSACTIONS a)Brokerage Discretion. Client agrees each portfolio manager for the Program Account (whether a Representative or Advisor’s Investment Committee) is granted the authority to effect transactions with or through a broker-dealer selected in the portfolio manager’s discretion, which may be the Custodian or a broker-dealer affiliated with the Custodian. b)DVP Transactions. Advisor shall instruct the brokers and dealers that execute orders for the Account to send Client all transaction confirmations and that all transactions must be completed using delivery vs. payment (DVP), and except as provided below with respect to Aggregation of Orders and Block Trading, all transactions for the Account shall be effected independently of transactions for Advisor’s other clients. c)Instructions by Advisor’s Authorized Personnel. Instructions of Advisor to Custodian shall be made in writing or, at the option of Advisor, shall be made orally and confirmed in writing as soon as practical thereafter; provided that all such instructions, written or oral, shall be issued only by persons designated from time to time by Advisor in a written instrument delivered to Custodian. Client shall provide, or instruct Custodian to provide, to Advisor such periodic reports concerning the status of the Account as Advisor may reasonably request. d)Selection of Brokers. In selecting brokers, the portfolio manager will consider the full range and quality of the broker’s services, including, among other things, execution capability, cost, financial responsibility, responsiveness, and the value of research and other services; provided, the manager will not recommend a broker solely on the basis of the lowest possible commission cost, but rather, Advisor will determine whether the broker has the ability to provide the best overall qualitative execution considering all factors, including services that benefit our firm. 6)AGGREGATION OF ORDERS AND BLOCK TRADING a)Authority, But No Obligation, to Engage in Block Trading. Client hereby grants each portfolio manager for the Program Account the authority, but Client relieves them of any obligation, to aggregate orders for 18 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 6 | P a g e the Program Account with orders for other accounts for the purpose of “block trading.” Client acknowledges that if orders for the Program Account are not aggregated with other orders into block orders, Client will not receive the benefits of potentially lower transaction costs, timelier or better execution, volume discounts, or other efficiencies that might be obtained by accounts whose orders are aggregated. Client authorizes and directs Advisor to instruct all firms executing orders for Client to forward confirmations of those transactions to Custodian and Advisor. b)Average Price Account. Although the practices of portfolio managers may vary, block orders, if any, are typically effected through an “average price account” or similar account such that transactions for accounts participating in the order are averaged as to price and transaction costs. If a portfolio manager cannot obtain complete execution of the entire aggregated order at prices or for transaction costs that the portfolio manager believes are desirable, the portfolio manager will allocate the securities or proceeds of the orders that were executed among the participating accounts according to the portfolio manager’s internal order allocation procedures. Such allocations must be consistent with its fiduciary duty to manage accounts fairly and non- preferentially over time, to the extent within its reasonable control. 7)ADVISORY FEES AND OTHER EXPENSES OF THE ACCOUNT, PROGRAM ASSETS, AND PROGRAMS a)Advisory Fee Rates. For the term of this Agreement, you agree to pay or cause to be paid in arrears, the Advisory Fees calculated according to the terms of paragraph (b) and the attached Schedule of Fees. b)Advisory Fees Payable Monthly in Arrears. Advisory Fees are calculated and payable monthly in arrears according to the Fee Schedule as attached hereto or subsequently amended, based on the average daily market value of Program Assets. Advisor will provide to Client an accounting for fees owed no later than the 10th business day of each month for services billed for the previous month (or as of the last day of the term of this Agreement). Payments for services are due 30 days from invoice date. Client may authorize electronic payment of Advisory Fees. Advisory Fees are not charged on the basis of a share of capital gains upon or capital appreciation of the funds or any portion of the funds of an advisory client. (i)The Advisory Fees do not include the additional costs Client will incur for mutual funds, ETF’s, and other investment companies (such as 12b-1 Fees); the Brokerage and Investment Expenses; and any Custodial Expenses, as described in our Brochure; and any other costs not strictly included in the Advisory Fee. (ii)Except as provided below, the value of the Program Assets shall be determined by reference to the valuations provided by or available from the Custodian (including without limitation, through any electronic system made available to Advisor). If the last trading day of a calendar month or other period for which Advisor calculate Advisory Fees is different than the last day of a Custodian’s reporting or statement period, Advisor may value Program Assets maintained by the Custodian as of the close of the Custodian’s reporting or statement period, as Advisor shall select on a consistent basis for each Custodian. c)Deduction and Payment of the Advisory Fees from the Program Account. Unless Client instructs on the Schedule of Fees that all fee payments will be made by it directly to Advisor, all Advisory Fee payments will be made by deduction from the Program Account immediately upon presentation of Advisor’s fee invoice to the Custodian. Custodian is authorized and directed to deduct the Advisory Fees directly from the Program Account and pay the Advisory Fees to Advisor when due, according to Advisor’s instructions, without prior notice to or further consent from Client. Client agrees to provide Custodian with such additional documentation as Advisor or Custodian requests authorizing and directing the Custodian to deduct the Advisory Fees from the Program Account and to pay the Advisory Fees to Advisor when due. Client authorizes Advisor to manage the Program Account to provide sufficient cash will be available in the Program Account to pay the Advisory Fees; however, in the event available cash is not sufficient at the time Advisory Fees are payable, Client agrees to authorize promptly the liquidation of securities in an amount sufficient to pay the Advisory Fees. 19 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 7 | P a g e 8)OTHER DIRECT AND INDIRECT EXPENSES a)Additional Fees and Expenses. Client understands that in addition to the Advisory Fees, the Program Account will also incur the following direct and indirect fees and expenses: (i)costs of transactions placed through the Custodian or other brokers: the Program Account will be responsible for brokerage commissions, sales charges, ticket charges, exchange fees, redemption fees, mark-ups, mark-downs, and dealer spreads paid to or received by any broker in connection with transactions involving the Program Assets; fees for floor brokerage, electronic transaction networks, and exchanges; fees and expenses pursuant to a Custodial Agreement or any agreement with a broker, including without limitation, fees or expenses for postage, deliveries, additional services, wire transfers, taxes; and other third-party expenses with respect to the Program Assets or the Account; (ii)custodial charges: the Program Account will be responsible for any charges imposed by the Custodian for services in maintaining custody and delivering the Program Assets, according to Client’s separate agreement with the Custodian; (iii)mutual fund and other investment company charges: the Program Account will be responsible for the fees and expenses that are deducted from the net asset value of mutual funds, money market funds, and other investment company securities held by the Program Account (and which constitute indirect expenses of the Program Account), including without limitation, internal operating and investment expenses of such funds or marketing and distribution fees (known as “12b-1 Fees”), servicing fees, sub-accounting fees, internal fund management fees; and (iv)short-term trading or redemption fees: the Program Account will be responsible for the fees imposed by mutual funds or variable annuities for short-term trading or early redemptions or exchanges made within short periods of time (typically 1% - 2% of the amount originally invested). b)Availability of Lower Cost Services. You acknowledge that the Advisory Fees and other expenses charged to or borne by the Program Account may be higher than the fees and expenses charged for advisory programs or services offered through other investment advisors for similar products and services. You acknowledge that you can purchase mutual funds directly from a mutual fund company or through a broker of your choosing without participation in the Program; however, in that event you would not receive the benefit of our advice, which is intended to select and manage suitable investments for the Program Account. c)Additions and Withdrawals of Program Assets. Subject to the Program’s Terms and Conditions, the procedures of the Custodian, and to usual and customary securities settlement procedures, you may make additions to and withdrawals of Program Assets from the Program Account at any time; provided, we may exercise our right to terminate this Agreement and close the Program Account if the value falls below the minimum account size stated in this Agreement. 9)MINIMUM ACCOUNT SIZE; MINIMUM FEE a)No Minimum Account Size. We do not require a minimum account size. b)No Minimum Fees. We do not charge a minimum fee. 10)NON-EXCLUSIVE RELATIONSHIP You acknowledge and agree that we may provide investment advisory services to other clients and receive fees for such services. The advice given and the actions taken with respect to such other clients, or with respect to accounts owned or controlled by us, the Representative, members, directors, officers, employees or agents may differ from advice given or the timing and nature of actions taken with respect to your account. You further recognize that transactions in a specific security may not be accomplished for all of our accounts at the same time or at the same price. You acknowledge that in managing the Program Account, we may purchase or sell securities in which we, the Representative, or our officers, directors, employees, or agents have or may acquire, directly or indirectly, a position or interest. 20 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 8 | P a g e 11)PROXY VOTING We shall not have any obligation or authority to take any action or render any advice with respect to the voting of proxies for securities held for the Program Account. You (or the plan fiduciary in the case of an Account subject to the provisions of the Employee Retirement Income Security Act of 1974 [“ERISA”]) expressly retain the authority and responsibility for voting all proxies, and we are expressly precluded from rendering any advice or taking any action with respect to the voting of any proxies. 12)ASSIGNMENT This Agreement shall be binding on Client’s successors, administrators, and permitted assigns. We may not assign (as that term is defined under the Investment Advisers Act of 1940, as amended) this Agreement without your consent. Your consent to an assignment may be oral, and may be obtained through “negative consent” (among other permissible methods) in a manner consistent with our understanding of guidance of the Securities and Exchange Commission or its Staff. 13)TERM AND TERMINATION a)Agreement in Effect as of Effective Date. This Agreement shall be in effect as of the Effective Date and shall continue until terminated by either party at any time without penalty upon written 30 days’ written notice to the other party. Such termination shall not, however, affect liabilities or obligations incurred or arising prior to such termination. b)Client Responsibility Upon Termination. Upon termination of this Agreement, you shall have the exclusive responsibility for managing your assets, and we shall have no further obligation to act or provide advice with respect to the Program Account or your assets. After this Agreement has been terminated: you will be charged commissions, sales charges, and transaction, clearance, settlement, and custodial charges, at prevailing rates, by any broker-dealer; you will be responsible for monitoring all transactions and assets; and we shall not have any obligation to monitor or make recommendations with respect to the account or those assets. c)Refund Upon Termination. Recognizing that Advisory Fees are payable in arrears, if you terminate this Agreement within five (5) business days of the Effective Date, and for some reason you have prepaid any Advisory Fees, you shall receive a full refund thereof. Alternatively, if this Agreement is terminated more than five (5) business days after the Effective Date, and for some reason you have prepaid any Advisory Fees, any prepaid Advisory Fees (if any) shall be applied to the prorated Advisory Fees payable for the last calendar month based on the number of days this Agreement was in effect during such month and the unearned portion shall be refunded to you within 30 days, and the Program Account shall be charged for any balance due. Upon termination of this Agreement, the Program Account will be charged the customary fees and commissions charged by Custodian and the Custodian’s fees for its services with respect to closing the Program Account and holding, transferring or liquidating the Program Assets. 14)REPRESENTATIONS Each individual acting on behalf of a municipality, corporation, partnership or limited liability company (each of which is referred to as a “person”) represents that the execution of this Agreement has been duly authorized by appropriate action of the governing body of such person, and that such individual has full power and authority to enter into this Agreement on behalf of such person; (ii) the terms hereof do not violate any agreement or obligation by which such individual or person is bound, whether arising by contract, operation of law, or otherwise; (iii) this Agreement has been duly authorized by such person and shall be binding according to its terms; and agrees to advise Advisor of any material change in such individual’s authority or the propriety of maintaining the Program Account. Client shall deliver to Advisor evidence of any such individual’s authority to act on behalf of Client, as Advisor or any Custodian shall request from time to time. 21 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 9 | P a g e 15)RISK AND LIABILITY a)Risk of Loss. Client recognizes that there may be loss or decline in the value of any of the Program Assets. Client represents that neither Advisor, nor Advisor’s affiliates or anyone associated with Advisor (including without limitation Representative, or any directors, officers, employees or agents) has made any guarantee, either oral or written, that the Program Account’s investment objectives will be achieved. Neither Advisor nor any of its affiliates or such persons shall be liable for any loss incurred by reason of any act or omission by Custodian, or a third party. Nothing in this Agreement shall constitute a waiver or limitation of any rights that you may have under applicable state or federal law, including without limitation the state and federal securities laws. b)Errors and Omissions Insurance. Advisor shall provide and maintain at its own expense during the term of this Agreement Errors and Omissions Insurance or Professional Liability Insurance covering the negligent acts, errors or omissions in the performance of professional services. Failure on the part of Advisor to produce or maintain the insurance shall constitute a material breach of contract upon which Client may immediately terminate this Agreement. 16)LEGAL PROCEEDINGS Neither Advisor nor anyone associated with Advisor or Advisor’s affiliates (including without limitation Representative) shall render advice or take any action with respect to legal proceedings involving or related to any of the Program Assets, or the issuers thereof, including without limitation, bankruptcies or class action lawsuits. You hereby expressly retain the right and obligation to take all action necessary to file responses, proofs of claim, or pleadings, and take all other actions related to any such proceeding. 17)NOTICES AND DOCUMENTS a)Any notice or document (including an executed counterpart of this Agreement) required or permitted by this Agreement shall be sufficient if made in writing, signed by the communicator, and sent by pre-paid first-class United States Mail or by pre-paid overnight delivery through a national delivery service, or transmitted by facsimile transmission to the addressee. (i)Any notice or document which is mailed shall be deemed to have been given on the third business day after the date of mailing; provided, an executed counterpart of this Agreement shall deemed to have been given on the date of mailing; and (ii)Any such notice or document which is transmitted by facsimile or by pre-paid overnight delivery through a national delivery service shall be deemed to have been given on the business day following the business day on which it is transmitted or deposited with the national delivery service; provided, an executed counterpart of this Agreement shall deemed to have been given on the date of transmission or deposit with the delivery service; (iii)All notices or communications to Advisor shall be sent to Advisor’s principal business location, or to the facsimile number at its principal business location, addressed to the attention of the President, as shown on the front of this Brochure. (iv)All notices or communications to the client will be sent to the address or facsimile number for client, as shown on Advisor’s records pertaining to client or the Program Account. b)If client consents to electronic delivery of Electronic Communications, as described below, the parties may use such methods to deliver notices and documents required or permitted by this Agreement (including an executed counterpart of this Agreement), in addition to the methods described in subparagraph (a) above. In that event, delivery of the notice or document shall occur upon the recipient’s actual receipt of the Electronic Communication (for example, a text message, or email message actually received in the recipient’s agreed email account); or notice of availability of the Electronic Communication (for example, notice that a message or attachment is available on Advisor’s website) in a manner consistent with such paragraph. 22 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 10 | P a g e 18)CONSENT TO ELECTRONIC DELIVERY a)You hereby agree that if you provide us an Email Address (on the Signature Page to this Agreement or in any subsequent communication), we may, but we are not required to, deliver electronically to you, and you hereby consent to receive electronically, instead of receiving paper documents, any or all of the Electronic Communications (described below), on the terms and conditions described in this paragraph and in the Terms And Conditions For Electronic Delivery, which is incorporated herein by this reference. The agreements and consents in this paragraph are referred to as the “Consent.” b)The “Electronic Communications” means all disclosures, notices, and other communications relating to the account established between Client and Advisor pursuant to this Agreement (including an executed counterpart of this Agreement), or otherwise related to Advisor’s obligations or position as Client’s investment adviser, other than any document Client has specifically requested to be delivered in paper form. Client agrees that the following documents and all annual amendments and any notices related to them may be treated as Electronic Communications and may be delivered to Client electronically, in Advisor’s discretion: Form ADV, Part 2A Brochure and Part 2B Brochure Supplement for Representatives and other Supervised Persons; Summary of Material Changes to the Brochure; Notice of Privacy Policies; annual amendment of any of such documents; any disclosure, notice, consent, “negative consent,” or document that Advisor (or any successor) is required or permitted to provide or deliver in connection with any business reorganization, sale, transfer, or assignment; and any other disclosure, notice, consent, “negative consent,” or document that Advisor (or any successor or affiliate) is required or permitted to provide or deliver to Client under the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, or the Rules of the Securities and Exchange Commission. c)The Consent is effective on the Effective Date and will remain in effect until you or we revoke it. Each person included as a “Client” may revoke or restrict the Consent at any time as to such person and receive in paper form any or all documents required to be provided to such person in paper form, by written notice sent to the following address: Ehlers Investment Partners, LLC, Attention: Compliance, 3060 Centre Pointe Drive, Roseville, MN 55113 (the “Notice Address”). The legal effectiveness and validity of an Electronic Communication that was valid and proper when delivered shall not be affected by any subsequent revocation or restriction of the Consent, or subsequent request for delivery of paper copies of Electronic Communications. d)You may also request paper copies of any Electronic Communication without revoking the Consent by written request to the Notice Address. We may charge a reasonable fee for paper copies of any Electronic Communication otherwise deliverable to you electronically; provided, we shall not charge any fee for delivery of the Brochure, summary of material changes to the Brochure, Brochure Supplement, Notice of Privacy Policy, or any other document we are required by law to provide to you without charge. 19)GOVERNING LAW This Agreement and all the terms herein shall be construed and governed according to the laws of the State of __Minnesota______, without giving effect to principles of conflict of laws, provided that there is no inconsistency with federal laws. 20)ENTIRE AGREEMENT This Agreement (including without limitation the exhibits to this Agreement) represents the parties’ entire understanding with regard to the matters specified herein, and no other agreements, covenants, representations, or warranties, express or implied, oral or written, have been made by any party to the other party concerning the subject matter of this Agreement. This Agreement supersedes all prior understandings and agreements between Client and Advisor relating to the subject matter of this Agreement. 23 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 11 | P a g e 21)SEVERABILITY The provisions of this Agreement shall be severable. If any part of this Agreement is found to be invalid or unenforceable by statute, rule, regulation, decision of a tribunal, or otherwise, such finding shall not affect the validity or enforceability of the remainder of this Agreement. 22)AMENDMENTS We shall have the right to amend this Agreement by modifying or rescinding any of its provisions (including without limitation, the Fee Schedule and Advisory Fees) or by adding new provisions; and any such modification, rescission, or new provision shall be effective as of the first day of the first calendar quarter beginning 30 days or more after we notify you, unless you terminate this Agreement prior to such effective date. 23) Arbitration - REMOVED PER CITY ATTORNEY 24 3060 Centre Pointe Drive Roseville, MN 55113 Office: (651) 697-8500 • Fax: (651) 697-8555 N21W23350 Ridgeview Parkway West, Suite 100 Waukesha, WI 53188 Office: (262) 796-6164 • Fax: (262) 785-1810 12 | P a g e 24)MISCELLANEOUS All paragraph headings are for convenience of reference only, do not form part of this Agreement, and shall not affect in any way the meaning or interpretation of this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed an original, and shall be binding on the parties as if executed in one document. 25)THE EFFECTIVE DATE; THE PARTIES Once this Agreement has been executed on behalf of Adviser and Client, the “Effective Date” shall occur on the earlier of (i) the date a fully executed counterpart of this Agreement is deemed to be received by the other party following mailing, facsimile transmission, deposit with national delivery service, or electronic transmission by the last party to execute this Agreement, pursuant to paragraph 17; (ii) the date the last party to execute this Agreement otherwise communicates acceptance of this Agreement to the other party (which may be oral); or (iii) the date Advisor begins to provide advisory services pursuant to this Agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK – SIGNATURE PAGE FOLLOWS] 25 _____________ SIGNATURE PAGE CLIENT ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT, INCLUDING THE PRE-DISPUTE ARBITRATION CLAUSE AT PARAGRAPH 23 BEGINNING ON PAGE 11. Each person executing this Agreement on behalf of Client acknowledges they have received, read, and understand this Agreement and the Program. CLIENT: Client Signature Name (Print) Title or Capacity Taxpayer Identification Number Street Address City State ZIP Date of Execution: / / CLIENT: Client Signature Name (Print) Title or Capacity Taxpayer Identification Number Street Address (only if different from first Client) City State ZIP Date of Execution: / / EHLERS INVESTMENT PARTNERS, LLC 3060 Centre Pointe Drive, Roseville, MN 55113 By: Ryan Miles, Managing Director-Investments Date of Execution: / / NAME OF REPRESENTATIVE: NAME OF INITIAL CUSTODIAN: Email Address for Electronic Communications: By providing an Email Address above, Client consents to the terms of paragraph 18 of the Advisory Agreement and the accompanying TERMS AND CONDITIONS FOR ELECTRONIC DELIVERY, and agrees that Advisor may, but is not required to, deliver Electronic Communications to Client at or through the Email Address for all accounts Client establishes with Advisor, until such consent is revoked, as provided in the Advisory Agreement. Rev. 2022-0601 26 EXHIBIT TO INVESTMENT ADVISORY AGREEMENT TERMS AND CONDITIONS FOR ELECTRONIC DELIVERY (Except as provided below, terms used in this Exhibit have the same meanings as provided in the Advisory Agreement to which this Exhibit is an exhibit.) Client agrees Advisor may deliver Electronic Communications to Client using any method or technology now or hereafter permissible pursuant to rules or guidance of the Securities and Exchange Commission or its Staff. This currently includes using any of the following: Email: Advisor may send an electronic mail message (“email”) to the email address designated by Client in the Advisory Agreement or in any separate communication from Client to Advisor (the “Email Address”), and Advisor may attach Electronic Communications to the email or may include in the email a hypertext link with the Internet address (URL) where the Electronic Communication can be accessed, or Website Communications: Advisor may notify Client, by paper document or by an email sent to the Email Address, that an Electronic Communication is available for electronic delivery (download) from a Website identified in such notice, and will provide instructions explaining the delivery process. Client may be required to establish an account, UserID, and password to access or download the Electronic Communication. Client acknowledges that technical or other problems may result in Client not receiving Electronic Communications from Advisor. Client agrees that if a hypertext link to an Electronic Communication does not work or if Client is otherwise unable to access or download an Electronic Communication, Client will notify Advisor in writing at the Notice Address and request a paper copy of the Electronic Communication. Client agrees to access and review promptly Electronic Communications sent to the E-Mail Address and, if applicable, through any account for Client on Advisor’s or a Custodian’s Website, to ensure Client is aware of time- sensitive information. Client agrees to notify Advisor, in writing (written or electronic), of any discrepancies within ten business days after Advisor sends an email or makes other Electronic Communication available to Client. Each Electronic Communication (and the information therein) shall be deemed to be accurate and true unless Client notifies Advisor, in writing, of any discrepancy within such ten-day period. Client’s notices of discrepancies shall be sent to Advisor at the Notice Address and must include the name(s) of the account holder(s) of the Account to which such discrepancy pertains. Client understands and agrees that Client is responsible for establishing and maintaining the Email Address and access to the Internet. Advisor is not responsible for Client’s access or lack of access to the Email Address or the Internet. It is Client’s obligation to notify Advisor of Client’s Email Address, and of any changes to or problems with the Email Address. Advisor may take up to ten business days to take action in response to Client’s notice of a change to or problems with the Email Address. All notices regarding the Email Address must be in writing and sent to Advisor at the Notice Address. Advisor will deliver paper copies of Electronic Communications in the event it becomes aware that the Email Address is not valid or accessible. Client understands and agrees that Advisor may include Client’s personal financial information in Electronic Communications, even though there is a risk of disclosure to or receipt by unintended third parties. Advisor will implement reasonable precautions to ensure the integrity, confidentiality, and security of Electronic Communications. Client acknowledges that the Internet is not a secure communications network. Electronic Communications are not encrypted. If Client uses an email address provided by or through an employer or third-party, such employer or third- party, any of their employees, or other persons may have access to Client’s Electronic Communications. There is a risk that Electronic Communications may be delivered to an incorrect email address or intercepted by third parties. Unauthorized parties may access communications transmitted over the Internet. After Advisor has sent or made an Electronic Communication available to Client, Client shall be responsible for maintaining the confidentiality of such Electronic Communication (and any personal financial information therein). Client is responsible for preventing unauthorized access to the Electronic Communications through Client’s computer and through unauthorized use of Client’s UserID or password. Advisor is not liable for unauthorized access to Electronic Communications, or Client’s personal financial information arising from or as a result of third parties obtaining access to Client’s computer, Client’s UserID or password, or the Email Address. Client agrees to notify Advisor immediately if Client suspects or becomes aware of any unauthorized access to Electronic Communications, or Client’s personal financial information. Advisor will provide Electronic Communications free of charge. However, Client may incur costs to third parties (such as Internet Service Providers and email service providers) in connection with accessing the Internet, establishing and maintaining the Email Address, or Rev. 2016-0601 27 downloading, printing or storing Electronic Communications. Client is responsible for having any necessary hardware, software or other technology to access the Internet, the Email Address, and the Electronic Communications. To receive Electronic Communications, Client will need: a personal computer with appropriate browser software installed, such as Microsoft Internet Explorer© 9.0 or higher (available free of charge at www.microsoft.com) or equivalent, capable of accessing the Internet and viewing web pages; a connection to the Internet via an Internet Service Provider or similar facility; a monitor; and a valid and accessible Email Address. To retain Electronic Communications, Client will need a printer (for printed copies), or hard drive or other electronic storage device with sufficient free space to download and store the Electronic Communications. Client may download and save, or print the Electronic Communications. Client is solely responsible for performing such downloads, for storing and protecting downloaded Electronic Communications, and for the costs of printing paper copies. Electronic Communications may be formatted in Adobe Acrobat’s portable document format (“PDF”), hypertext mark-up language (“HTML”) or other file formats Advisor deems appropriate. In order to view or print documents provided in PDF, Client must obtain Adobe Acrobat Reader© 6.0 or higher, which is available free of charge at Adobe’s website (located at www.adobe.com) and install it on Client’s computer. If Advisor changes to a format other than HTML or PDF, it will provide reasonable advance notice of any new hardware and software requirements for accessing and retaining the information, and access to appropriate software and technical assistance, if necessary, with respect to such change. Client agrees that Electronic Communications delivered to Client by any of the methods permitted under the Consent will be treated as having been delivered to Client when Advisor sends or makes the Electronic Communication available to Client, regardless of when Client actually accesses the Electronic Communication. Client may use email to deliver instructions or orders, to request or authorize any financial transaction, or to provide any notice that requires real-time communication or written authorization, whether required by law, rules of any exchange or regulatory body, or Advisor’s policies. However, any instruction, request, order, authorization, or notice sent by Client via e-mail may not be effective or processed by Advisor; and Advisor shall not be responsible for any loss or damage arising from or as a result of any such item not being effective or processed. Rev. 2022-0601 28 SCHEDULE OF FEES Fee schedule for the __City of Golden Valley________________________(“Client”) for services related to Investment Advisory Agreement dated ______________ between Client and Ehlers Investment Partners, LLC (“Adviser”). Investment advisory fees shall be incurred for all assets under the management of Adviser. Investment advisory fees will be charged according to the schedule below based on average daily assets under management calculated on market value of said assets, payable monthly. Fees are all inclusive of other services provided by Adviser to the Client under an investment advisory engagement. ASSETS UNDER MANAGEMENT ANNUALIZED RATE Less than $50 million 0.12% Over $50 million, but less than $100 million 0.09% Over $100 million 0.07% Initial cash forecast services and investment recommendations are provided at no charge. Fees as described above apply to actual assets under management if/when investment plan(s) are implemented. Fee arrangements will be memorialized under the Investment Advisory Agreement. 29 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 6, 2024 Agenda Item 3D.2. Approve Contract for Pond F Storm Sewer Repairs with Valley Rich Co., Inc. Prepared By Tim Kieffer, Public Works Director Joe Hansen, Utility Maintenance Superintendent Summary The storm sewer outfall behind 2060 Kelly Drive has separated, eroding the embankment, and needs to be repaired. The storm sewer repairs should be completed before the frost comes out of the ground to reduce turf damage to adjacent properties. Staff solicited quotes for the work. The results are as follows: BKJ Land Co., Inc. $26,200.00 New Look Contracting, Inc. $34,875.00 Valley Rich Co., Inc. $26,050.00 Financial or Budget Considerations The 2024-2033 Storm Water Capital Improvement Program includes $150,000 for Storm Sewer Repairs (SS-53). The total repair cost is $26,050.00. Legal Considerations The City Attorney has reviewed and approved the contract. Equity Considerations Staff solicited quotes from thirty-nine utility contractors, including thirty-six 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 Contract for Pond F Storm Sewer Repairs with Valley Rich Co., Inc. in the form approved by the City Attorney. Supporting Documents Contract for Pond F Storm Water Repairs with Valley Rich Co., Inc. 30 1 CONTRACT FOR POND F STORM WATER REPAIRS WITH VALLEY RICH CO., INC. THIS AGREEMENT is made this 6thday of February2024(the “Effective Date”) by and between Valley Rich Co., Inc., a water and sewer 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. Contractoris engaged in the business of excavatingto repairandreplacestorm waterconveyance infrastructure. B. The City desires to hire Contractor to repair or replace storm water conveyance infrastructure. 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 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. 31 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 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. 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 32 3 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 goodquality 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. 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 33 4 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: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; 34 5 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. 35 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 theCity’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 disclosefor 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 36 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 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, MinnesotaStatutes, 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 Matt Miklya, 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 matt@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. 37 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. VALLEY RICH CO.,INC.:CITY OF GOLDEN VALLEY: By: _________________________________ Matt Miklya, Vice President By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Kirsten Santelices, Acting City Manager 38 EXHIBIT A SCOPE OF WORK 1.Work. The Work shall include all labor, equipment, and supplies necessary to repair or replace storm water conveyance infrastructure at the locations identified on the maps included and incorporated herein. The Work shall include, but not limited to, tree removal; excavation; installation of 48-inch corrugated double wall HDPE pipe to 48-inch CMP, 45-degree bend, and galvanized flared end; backfill and compact the excavated trench; and install rip-rap, erosion control blanket, and native seedas needed. The Contractor shall furnish new corrugated HDPE pipe, bend, flared end, bands, and necessary supplies. 2.Rightof Entry. The city shall obtain all rightsof entry permissions from adjacent property owners. 3.Tree Removal. Trees to be removed are identified herein Exhibit A. 4.Existing Fill. The use of excess fill from Pond F may be used to reestablish berm. Additional fill may be required. 5.Pipe Material. Pipe shall be 48-inch HDPE pipe. 6.Bend. Bend shall be 48-inch, 45-degree HDPE joint. 7.Flared End. Flared end shall be 48-inch galvanized. 8.Pipe Bedding. Bedding around pipe shall be select granular sand. 9.Stabilization. Rip rap shall be used to stabilize berm around flared endper MnDOT specifications. Native seed and blanket shall be used to stabilize berm and other excavated areas per MnDOT specifications. 10.Restoration. Restoration shall include all landscaping and turf areas to previous like conditions. 11.Schedule.The Work shall commence on February 7, 2024 and conclude before March 31, 2024. 12.Location. The Location Maps herein Exhibit A identifies the location at 2060 Kelly Drive. 39 Trees to be Removed 40 41 42 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. Permits include, but are not limited to, Right of Way and Stormwater Management permits. 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 43 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. 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 Map 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. 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. 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 44 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. Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways throughout construction. Throughout the duration of the Work, Contractor shall, as much as possible, work to limit any inconveniences to local businesses and property owners. 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.Tree Removal.Tree removal shall include, but not be limited to, removal of tree and stump, debris, utility coordination, disposal at a site selected by the Contractor and approved by the City’s authorized agent, and restoration as described herein. No trees, logs, branches, or debris shall be left on public right-of-way or private property overnight. 14.Tree and Landscape Preservation. Contractor shall protect existing trees and shrubbery that may be impacted by the Work, including but not limited to, cutting, breaking, or shredding of roots; wounding or scraping of trunks and branches; smothering of root systems by stockpiling 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 cut cleanly back to the soil line, all exposed, 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 any tree, 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. 45 16.Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: A. Specifications and Special Conditions in Exhibit A and this B. B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, current edition, 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, current edition and its supplements, shall apply, except as modified or supplemented herein. E. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, current edition and its supplements, shall apply, except as modified or supplemented herein. 17.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated herein Exhibit C. 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. 18.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 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. 46 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. Description Units Quantity Unit Price Total MOBILIZATION LS 1 $1,800.00 $1,800.00 TREE REMOVAL EACH 2 $1,500.00 $3,000.00 INSTALLATION OF 48-INCH HDPE PIPE FT 20 $350.00 $7,000.00 INSTALLATION OF 48-INCH BEND EACH 1 $2,500.00 $2,500.00 INSTALLATION OF 48-INCH FLARED END EACH 1 $3,550.00 $3,550.00 STABILIZATION LS 1 $7,200.00 $7,200.00 RESTORATION LS 1 $1,000.00 $1,000.00 TOTAL COST TO PROVIDE SERVICES FOR POND F STORM WATER REPAIRS $26,050.00 47 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 6, 2024 Agenda Item 3E.1. Approve Resolution No. 24-011 Accepting a Donation for the 2023 GVPD Shop with a Cop Outreach Event From James and Kathleen Johnson, Rudy Luther Toyota, and the Golden Valley Crime Prevention Fund Prepared By Kaitlin Undersander, Crime Analyst/Community Outreach Supervisor Alice White, Assistant Police Chief Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants must be acknowledged and accepted by motion with a simple majority. Financial or Budget Considerations Not applicable. Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to adopt Resolution No. 24-011 accepting donations for the 2023 GVPD Shop with a Cop outreach event. Supporting Documents Resolution No. 24-011 - 2023 Shop with a Cop 48 RESOLUTION NO. 24-011 RESOLUTION ACCEPTING DONATIONS FOR THE 2023 SHOP WITH A COP OUTREACH EVENT FROM JAMES & KATHLEEN JOHNSON, RUDY LUTHER TOYOTA, AND THE GOLDEN VALLEY CRIME PREVENTION FUND WHEREAS,the City Council adopted Resolution No. 04-20 on 16, 2004, which established a policy for the receipt of gifts; and WHEREAS,the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $200 donation from James and Kathleen Johnson, $2,640.30 from Rudy Luther Toyota, and $2,954.96 donation from the Golden Valley Crime Prevention Fund for the 2023 Shop with the Cop Outreach Event. Adopted by the City Council of Golden Valley, Minnesota this 6th day of February, 2024. _________________________________ Roslyn Harmon, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk 49 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 6, 2024 Agenda Item 6A. First Reading of Ordinance No. 779 Amending City Code Chapter 10, Article III - Shade Tree Disease and Pest Control to Discontinue Private Ash Tree Condemnation Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Tim Teynor, City Forester Summary The Department of Agriculture has classified the entire Twin Cities Metropolitan Area as heavily infested with Emerald Ash Borer (EAB) with no possibility of slowing the spread or providing a public benefit by prompt removal. Therefore, staff is proposing to amend City Code Chapter 10, Article III - Shade Tree Disease and Pest Control to discontinue private ash tree condemnation. City staff will continue to identify EAB for property owners and provide information and options to help them manage ash trees on their property. Financial or Budget Considerations There are no budgetary impacts to amending the ordinance. Legal Considerations The City Attorney has reviewed and approved the ordinance. Equity Considerations Discontinuing private ash tree condemnation allows property owners to manage their trees as time and money allows lessening the financial burden. Recommended Action Motion to adopt first reading of Ordinance No. 779 amending City Code Chapter 10, Article III - Shade Tree Disease and Pest Control to discontinue private ash tree condemnation. Supporting Documents Ordinance No. 779 - Discontinue Private Ash Tree Condemnation 50 ORDINANCE NO. 779 AN ORDINANCE AMENDING THE CITY CODE CHAPTER 10, ARTICLE III Amendment to Sections 10.57-10.63 Regarding Shade Tree Diseases and Pest Control The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Sections 10-57-10.63 are amended hereby by changing it to read as follows: Section 10-57. Purpose. The City Council has determined that the health of the trees within the City limits is threatened by tree diseases and pests. It has further determined that the loss of trees growing upon public and private property would impair the safety, good order, general welfare, and convenience of the public and substantially depreciate the value of property within the City. It is the intention of the City Council to control and prevent the spread of these conditions, and the ordinance from which this article is derived is enacted for that purpose, and to conform to the policies and procedures embodied in Minn. Stats. Ch. 18G, as amended, and rules promulgated thereunder. Section 10-58. Tree Inspection Program. The City Manager shall designate a Tree Inspector, certified by the State Commissioner of Agriculture, who shall administer the Shade Tree Pest Control Program for Dutch elm disease, oak wilt, and other pests for the City in accordance with the City ordinances and Minn. Stats. Ch. 18G – Plant Protection and Export Certification and Minnesota Rules, Chapter 1505 – Department of Agriculture Pest and Disease Control and subsequent amendments thereto. Section 10-59. Shade Tree Nuisances Declared. The following are declared to be public nuisances whenever and wherever they may be found within the City on private and public property: (1) Any standing or living elm tree or part thereof infected to any degree with the Dutch elm disease fungus, Ophiostoma ulmi (Buisman) Nannf. and Ophiostoma novo-ulmi Brasier or which harbors any of the elm bark beetles, Scolytus multistriatus (Marsham) or Hylurgopinus rufipes (Eichoff). Any dead or dying elm tree, arising from any cause, or part thereof with bark intact including logs, branches, stumps, or firewood which has not been disposed of properly. (2) Any living or standing tree or part in the red oak group (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus, Bretziella fagacearum (Bretz) Hunt. (3) Any living or standing tree in the white oak group (white oak, bur oak, bicolor oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected or grafted root systems. (4) Any tree or shrub on public property that in the opinion of the Tree Inspector has become or threatens to become a hazard so as to adversely affect the public health, safety or welfare. Section 10-60. Abatement. It is unlawful for any person to permit a public nuisance as defined in Section 10-59 to remain on any premises owned or controlled by that 51 Ordinance No. 779 -2-February 20, 2024 person within the City. Such nuisances may be abated in the manner prescribed by this article. Section 10-61. Inspection and Investigation. (a)Inspection.The certified Tree Inspector so designated by the City Manager shall inspect all premises and places within the City as many times as practical or necessary to determine whether any conditions described in Section 10-59 exist. The Tree Inspector shall investigate all reported incidents of infection or infestation by Dutch elm disease or elm bark beetles, oak wilt disease, other shade tree disease or pest problem, and hazardous trees and shrubs. (b)Entry Upon Private Premises.The tree inspector may enter and inspect any private or public property at any reasonable time for the purpose of carrying out the assigned duties specified under this article. Such inspections shall be preceded by a legal notice published once annually in the City's local (legal) newspaper informing all property owners within the City to destroy and dispose of tree materials declared a nuisance by Section 10-59. (c)Diagnosis.The Tree Inspector shall, upon finding indications of Dutch elm disease or oak wilt, take such appropriate steps for diagnosis, including analysis of twig samples from actively wilting branches by diagnostic laboratories capable of performing such services approved by the State Commissioner of Agriculture. Whenever possible, diagnosis will be based upon accepted field (on-site) symptoms. (d)Hazard Tree Evaluation.The tree inspector shall assess potential hazardous trees on public property according to the following guidelines as established by the State Department of Natural Resources: (1) Dead trees and branches (2) Cracks (3) Weak branch unions (4) Decay (5) Poor tree architecture (6) Root problems; and (7) Cankers. A hazard tree has a mechanical defect that is likely to cause a tree or a part thereof, to fail and said failure has the potential to adversely affect a target. A target includes, but is not limited to, people, vehicles, buildings, and property, etc. Trees without targets are not considered hazards even if they are likely to fail and can be considered beneficial in habitat protection. 52 Ordinance No. 779 -3-February 20, 2024 Section 10-62. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the City Tree Inspector or their agent while they are engaged in the performance of duties imposed by this article. Section 10-63. Procedure for Abatement and Removal. (a)Abatement of Shade Tree Disease Nuisances.In abating the nuisances defined in this article, the City Tree Inspector shall cause the infected tree, shrub or wood to be removed, burned, debarked, and trenched (buried) or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of disease or pest. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and procedures as may be established by the Commissioner of Agriculture. (b)Procedure for Removal of Infected (or Infested) Trees and Wood.Whenever the Tree Inspector finds with reasonable certainty that the infection or infestation defined in this article exists in any tree, shrub or wood in any public or private place in the City, the Inspector shall proceed as follows: If the Tree Inspector finds that danger of infestation of other trees is imminent, the property owner shall be notified by mail that the nuisance shall be abated 20 days after notification. After the expiration of the time limited by the notice, the City may abate the nuisance, the costs of which will be assessed against the benefiting property. (c)Assessment.The City may assess the charges or any portion thereof against the property involved as a special assessment under pertinent State statutes for certification to the County Auditor and collection the following year along with current taxes. Section 10-64. Transporting Infected or Infested Elm and Oak Wood Prohibited. Whenever the City Tree Inspector finds with reasonable certainty that elm and oak wood being transported in the City is infested and/or infected, and constitutes a hazard to the public, the Tree Inspector shall have the authority to prohibit such transporting. Section 10-65-10.86. Reserved. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of February, 2024. /s/ Roslyn Harmon Roslyn Harmon, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk 53 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 6, 2024 Agenda Item 6B. Review of Council Calendar Prepared By Theresa Schyma, City Clerk Summary The Council will review upcoming city meetings, events, and holiday closures. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action No action is required on this item. Supporting Documents Review of Council Calendar 54 Review of Council Calendar Event Event Time Location FEBRUARY Sunday, February 11 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, February 13 Special City Council Meeting (Commissioner Interviews) (tentative)5:45 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Monday, February 19 City Offices Closed for Observance of Presidents' Day Tuesday, February 20 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, February 25 West Metro Home Remodeling Fair 10:30 AM - 3:00 PM Eisenhower Community Center1001 MN-7, Hopkins, MN Tuesday, February 27 Precinct Caucuses 7:00 PM Multiple Locations - See State Caucus Finder for info MARCH Saturday, March 2 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Tuesday, March 5 Presidential Nomination Primary 7:00 AM - 8:00 PM City Precincts/Polls Wednesday, March 6 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, March 7 State of the City 5:00 PM - 7:00 PM Brookview Sunday, March 10 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, March 12 Special HRA Work Session (tentative)6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Tuesday, March 19 HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers APRIL Tuesday, April 2 Special City Council Meeting (Commissioner Interviews)TBD Hybrid - Council Conference Room City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, April 4 Golden Valley Business Council Meeting 8:00 AM - 9:30 AM Brookview - Valley Room 55