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07-16-24 City Council Agenda July 16, 2024 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Update from U.S. Representative Ilhan Omar 1D.Proclamation Recognizing National Night Out - Tuesday, August 6 1E.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.Approve Temporary On-Sale Liquor License - Good Shepherd Catholic Church - September 21 3C.Boards, Commissions, and Task Forces: 3C.1.Accept Resignation from the Diversity, Equity, and Inclusion Commission 3D.Bids, Quotes, and Contracts: 3D.1.Approve Super Duty Pickup Purchase Surcharge 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 2632 195 7602 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 2632 195 7602 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting July 16, 2024 — 6:30 PM 1 3D.2.Zane Avenue & Lindsay Street (Proj. No. 23-02) Public Highway At-Grade Crossing Agreement 3D.3.Approve City Manager Employment Agreement 3D.4.Approve Professional Services Agreement with Gallagher Consulting for Actuarial Valuation Services of the City's Other Post Employment Benefits Plan 3D.5.Approve Joint Powers Agreement with Hennepin County for Assessment Services 3D.6.Approve Hennepin County User Agreement for Nearmap 3D.7.Adopt Resolution No. 24-044 Entering Host Site Agreement with MPCA for 2024-2025 MN GreenCorps Term 3E.Grants and Donations: 3E.1.Adopt Resolution No. 24-045 Approving Donation from Government Alliance for Racial Equity to Attend Facing Race Conference 3E.2.Adopt Resolution No. 24-046 Accepting a Donation From the Golden Valley Crime Prevention Fund to the Golden Valley Fire Department 3F.Adopt Resolution No. 24-047 Approving Updated Data Practices Policies for the City of Golden Valley 4.Public Hearing - None. 5.Old Business - None. 6.New Business 6A.Review of Council Calendar 6B.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting July 16, 2024 — 6:30 PM 2 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 1C. Update from U.S. Representative Ilhan Omar Prepared By Noah Schuchman, City Manager Summary United States Representative Ilhan Omar is scheduled to attend the council meeting and provide a brief update and overview of her work and an opportunity for the council to ask questions. Legal Considerations Legal review is not required for this item. Equity Considerations Equity review is not required for this item. Recommended Action No specific action is required for this item. 3 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 1D. Proclamation Recognizing National Night Out - Tuesday, August 6 Prepared By Keith Curtis, Police Office Assistant Alice White, Assistant Chief of Police Summary National Night Out is an annual community-building campaign that promotes police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, more caring places to live. Additionally, National Night Out enhances the relationship between neighbors and law enforcement while bringing back a true sense of community. Furthermore, it provides a great opportunity to bring police and neighbors together under positive circumstances. Financial or Budget Considerations This item does not require financial review. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to adopt a proclamation recognizing National Night Out on Tuesday, August 6. Supporting Documents 2024 - Proclamation for National Night Out 4 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING NATIONAL NIGHT OUT ON AUGUST 6, 2024 WHEREAS,The National Association of Town Watch (NATW) and local law enforcement agencies are sponsoring a statewide program called National Night Out on Tuesday, August 6, 2024; and WHEREAS, National Night Out is designed to get to know one another in the City of Golden Valley, build neighborhood involvement by bringing police and communities together, and to bring an awareness to crime prevention and local law enforcement efforts; and WHEREAS,National Night Out supports the idea that crime prevention is an inexpensive, effective tool in strengthening police and community partnerships; and WHEREAS,National Night Out provides opportunities to celebrate the ongoing work of law enforcement and neighborhood in Golden Valley by working together to fight crime and victimization and increase public safety for all residents; and WHEREAS,the residents of Golden Valley play an important role in assisting law enforcement through joint crime, drug, and violence prevention efforts. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Golden Valley do hereby proclaim August 6, 2024, as National Night Out in the City of Golden Valley. We call upon all residents and civic organizations to help strengthen Golden Valley by participating in National Night Out events in their neighborhoods and continuing to build community relationships. IN WITNESS WHEREOF,I Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on July 16, 2024. ___________________________ Roslyn Harmon, Mayor 5 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 1E. New Employee Introductions Prepared By Elinorah Sinyembo, Executive Assistant Summary City Manager Schuchman will introduce Elinorah Sinyembo, Executive Assistant - City Manager's Office. City Clerk Schyma will introduce Melissa Croft, Deputy City Clerk (Records). City Attorney Cisneros will introduce Joseph Stark, Paralegal. Assistant Community Development Director Groth will introduce Steven Okey, Associate Planner. Recreation Supervisor Erickson will introduce Kevin Martinez del Arca, Recreation Coordinator. 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 July 16, 2024 Agenda Item 3A. Approval of City Check Registers Prepared By Jennifer Hoffman, Accounting Manager 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: 07-03-2024 Check Register 07-10-2024 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 Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3B.1. Approve Temporary On-Sale Liquor License - Good Shepherd Catholic Church - September 21 Prepared By Theresa Schyma, City Clerk Summary Good Shepherd Catholic Church, 145 Jersey Avenue South, has applied for a temporary on-sale liquor license for an Oktoberfest event on Saturday, September 21, 2024. Golden Valley City Code does allow temporary on-sale liquor licenses to be issued to a club or charitable, religious, or other nonprofit organization with Council approval. A certificate of liability insurance naming the City as an additional insured is also required and has been provided by the applicant. Financial or Budget Considerations Fees received for temporary liquor licenses help to defray costs the City incurs to administer license requirements. Legal Considerations This item does not require legal review. Equity Considerations Approving temporary on-sale licenses 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 approve a temporary on-sale liquor license for Good Shepherd Catholic Church, 145 Jersey Avenue South, for an Oktoberfest event on Saturday, September 21, 2024. 8 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3C.1. Accept Resignation from the Diversity, Equity, and Inclusion Commission Prepared By Elinorah Sinyembo, Executive Assistant Summary Commissioner Imara Hixon has submitted their resignation from the Diversity, Equity, and Inclusion 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 Imara Hixon from the Diversity, Equity, and Inclusion Commission, effective July 10, 2024. 9 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3D.1. Approve Super Duty Pickup Purchase Surcharge Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary The replacement purchase of unit 604, a 2013 utility pickup with crane, was approved by the Council on December 20, 2022. Due to supply chain issues and delays in manufacturing, the truck is expected to be built sometime in 2024. However, due to the long lead time and inflation, the vendors are imposing surcharges. Boyer Ford Trucks, Inc. is charging an additional $4,021.48 and Aspen Equipment, LLC. is charging $9,743 more. Staff purchased the equipment from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division awarded the following contracts through the CPV: Contract No.Item Vendor Amount 195277 2024 Ford F-550 Pick Boyer Ford Trucks, Inc.$54,942.86 229434 229754 230096 230110 Utility Box with Crane and Compressor Aspen Equipment, LLC.$85,821.00 Total Purchase Price Less Tax, Title, and License $140,763.86 Financial or Budget Considerations The 2023-2032 Water and Sanitary Sewer Capital Improvement Program (CIP) included $100,000 for the purchase of a utility truck (W&SS-014). Additional funding was to come from the sale of asset and reserves. Legal Considerations The proposed equipment was purchased following Minn. Stat. § 471.345 Subd. 15 Cooperative purchasing. (a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing contracts that are available through the state's cooperative purchasing venture authorized by section 16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price 10 and quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before purchasing through another source. Equity Considerations Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 12% preference from the Office of State Procurement. Recommended Action Motion to approve purchase of a 2024 Ford F-550 Chassis from Boyer Ford Trucks, Inc. in the amount of $54,942.86. Motion to approve purchase of utility box with crane and compressor from Aspen Equipment, LLC. in the amount of $85,821.00. Supporting Documents Boyer Ford Trucks, Inc. Quote Aspen Equipment, LLC Quote 11 12/27/23, 2:30 PM Preview Order 7196 - F5H 4x4 Reg Chas Cab DRW- GOLDEN VALLEY about:blank 1/1 Preview Order Order Summary Time of Preview: 12/27/2023 14:29:49 Receipt: NA Dealership Name: Boyer Ford Trucks, Inc.F58900Sales Code : INVOICE $51623.86 $0 $51623.86 $0 $0 $0 $0 $0 $0 $0 $0 $0 $195 $360 $0 $0 $91 DESCRIPTION F550 4X4 CHASSIS CAB DRW/145 145 INCH WHEELBASE TOTAL BASE VEHICLE OXFORD WHITE VINYL 40/20/40 SEATS MEDIUM DARK SLATE PREFERRED EQUIPMENT PKG.660A .XL TRIM .AIR CONDITIONING -- CFC FREE .AM/FM STEREO MP3/CLK .7.3L DEVCT NA PFI V8 ENGINE 10-SPEED AUTO TORQSHIFT 225/70R19.5G BSW MAX TRAC TIRE 4.88 RATIO LIMITED SLIP AXLE JOB #2 ORDER 19000# GVWR PACKAGE SKID PLATES INVOICE $0 $897 $128 $0 $114 $741 $191 $377 $205 $0 $0 DESCRIPTION 50 STATE EMISSIONS PRO POWER ONBOARD - 2KW INTERIOR WORK SURFACE 40 GAL AFT OF AXLE FUEL TNK EXTRA HEAVY SERVICE SUSPENSION PAYLOAD PACKAGE UPGRADE DUAL BATTERY REAR VIEW CAMERA & PREP KIT XL CHROME PACKAGE .FOG LAMPS .REMOTE START SYSTEM INVOICE $51623.86 $3,299 $20 BASE CONTRACT PRICE ADDTNL OPTIONS MN TRANSIT TAX TOTAL CONTRACT PRICE ORDERING FIN: QS031 END USER FIN: QC482 Customer Signature Customer Name:Customer Email: Customer Address: Customer Phone: Date This order has not been submied to the order bank. This is not an invoice. 7196 - F5H 4x4 Reg Chas Cab DRW: Dealer Rep.Bailey Krebsbach Customer Name GOLDEN VALLEY Type Fleet Priority Code B1 Vehicle Line Superduty Model Year 2024 Order Code 7196 Price Level 420 $54,942.86 12 Cust Name:City of Golden Valley Configuration #: Contact:Marshall Beugen EQT002781_v1 763-593-8085 E-Mail: Qty Price Price 1 $24,033.00 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 1 $310.00 1 $134.00 1 $122.00 1 $2,145.00 1 $12,469.00 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 Continued On Next Page blank 612-719-2009 Exhaust Systems : With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that proposed products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of proposed products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. blank blank reinforcement for added strength. Aaron Carlson * Equipment Specifications subject to change. ** Manufacture's Surcharges may be added to this proposal. *** Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. blank Radio remote controller storage kit Submitted by, impact. E-Coat only applied to steel. blank Slam Action Tailgate, Double-panel construction, stainless steel prime and white powder coat finish. Frame-Mounted Bumper, Prevents body damage and provides a blank blank body or door. 6-way adjustability and tamper-resistant security blank blank maintenance. Fully adjustable and easily replaced without damage to /- 5 to +80 degree boom elevation Continuous Rotation Three-spool proportional control valve Electric planetary drive winch blank blank blank 12V power unit. Double acting cylinders with load holding valves on all cylinders Crane hook and load line block Electric overload shutdown system 6.108 EZ5086 White finish topcoat Crane mounting kit blank blank blank blank Two-block damage prevention system blank Reading 108" Classic II 60"CA DW Universal, Pwd coat white,"A" config2.8 CLS 11302 Installed Dealership: Aspen Equipment, LLC. is pleased to offer the following proposal for your consideration Proposal Date:3/5/2024 CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952) 888-2525 · Fax: (952) 656-7159 · Website: www.aspenequipment.com Phone: Contact: Fax: 1.0 PSC4016E blank 7.1 Install Elec Crane blank blank blank 6.105 KMG04788AS blank blank blank blank Model PSC 4016 electric telescopic service crane Palfinger model PSC 4016 telescopic service crane specifications:Crane Specification: Crane installation kit - electric (25ft. Battery cable, fuse, main switch) blank blank 6.18 KMG04787AS 16' reach capability, one hydraulic / one manual extension 4,000 Lb. vertical lift capacity, Crane rating 18,500 ft_lbs blank Radio remote control Part/Spec Number blank Description Ecoat primerblank Heavy-Duty Compartment Doors, Double-panel construction with internal A60 galv. Steel Construction, E-Coat Prime & Powder Coat Finish, Resistant to corrosion, chemicals, humidity, scratches, chips, and Mount, wire, and stability test electric service crane w/Aux Battery slip-resistant surface. Galvannealed steel construction with an e-coat locking rods, hinge rods, striker channels, and a polished stainless steel handle. Hidden Hinges, Patented design resists forcible entry, and provides protection against corrosion without requiring frequent lubrication or blank blank Available for use on vehicles above 10,001 GVWR blank Silicone cover for radio remote control 1 of 3 13 Cust Name:City of Golden Valley Configuration #: Contact:Marshall Beugen EQT002781_v1 763-593-8085 Qty Price Price 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 1 $1,397.00 1 $2,717.00 1 $224.00 1 $819.00 1 -$220.00 1 $772.00 1 $687.00 1 $156.00 1 $78.00 1 1 $2,809.00 $2,809.00 1 $1,516.00 1 $1,189.00 1 $303.00 1 $413.00 1 $100.00 1 $110.00 2 $204.00 1 $660.00 1 $165.00 2 $226.00 2 $240.00 1 $58.00 Continued On Next Page 8.241 3510A * Equipment Specifications subject to change. ** Manufacture's Surcharges may be added to this proposal. ECCO 1.1" x 3.3" Surface Mount Blue LED Strobe, Class 1 1 pair oval LED SST lights, pigtails and grommets *** Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. compartment doors. Tommygate 27" Steel Platform, 1300 lb cap, G2 Series Installation of liftgate on service body. Mount, wire and test fasteners. Features a double-bited, high quality locking cylinder, 2.223 C3L Full access between horizontal and rear vertical compartment for longer tool storage. LED Combination Lights, Bright, water-resistant lights with automotive blank blank blank blank blank 2.396 Boom Rest Dealership: Contact: seal and mechanical seals provide a dual line of defense against Part/Spec Number Fax: Proposal Date: Description Phone: blank adjustable striker pins and an O-ring seal to prevent water intrusion. blank blank weather. Patented design increases clear door openings in every compartment. Stainless Steel Rotary Locks, Rust resistant with no exposed CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952)888-2525 · Fax: (952)656-7157 · Website: www.aspenequipment.com 3/5/2024 blank Aspen Equipment, LLC. is pleased to offer the following proposal for your consideration 2.406 YKDK 090 001 Exclusive Dual-Pro® Door Seal System, Automotive quality bubble-type Nitrogen Gas Door Struts, Controls opening and closing of all vertical blank blank Stainless steel louvered vent for compartment venting blank blank Galvanized Shelves, Designed with 2” dividers for small item storage. Box Delete Lighting Note: 2.420 14302338 6.11 1801060L grade sealed connectors, include stop, tail, turn and reverse. 4T308 5 lb. Fire Extinguisher Bracket Six-year warranty on the Steel Classic II™ Adapter Harness, Ford Chassis to Reading Body Enduser to return Unit to Dealership for Re-Flash of ECM to prevent bulb-out warning Cab Chassis - Relocate factory supplied backup camera system 7-way flat pin trailer socket Fab/Install pedestal type fixed boomrest Mounting Kit, 82/98 Body, FORD 250-350 PU, MY2017/Newer 2.398 Towing Bumper 6.49 560700 5.42 G2-54-1342 TP27 Bumper Reinforcement for Towing, Rigid Mount (Recess Bumper Req'd) 12K 2.248 BPSRDRW1FA011212 2.274 E-TG-STEEL Recessed / Deck Plate Bumper (DW), Powdercoat White Eliminate Steel Tailgate blank blank 2.225 C4D blank 78/98/108 LED Strip Light on Hinge Side of Vert Comp, Both Sides of Horiz Comp Package, CM3, for 108 DW Body / 60ca DRW chassis Upgrade, Furnish Crane Mounting Holes 2.80 LF6 blank Service body Class V 2.5"x2.5" rec. tube hitch, 20,000 lb cap Mount strobe pair, route wire to switch, tie-up and guard.8.218 Strobe Installation PR 5T899 5 lb. Fire Extinguisher - Class ABC Dry Chemical 5.154 Liftgate Install-Svc Body Submitted by, Aaron Carlson 612-719-2009 8.221 Wire Hot 8.83 4T308 8.4 Backup Camera 8.82 13010026 8.135 331390 8.263 3510B Exhaust Systems : With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that proposed products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of proposed products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. Wire Strobes Hot ECCO 1.1" x 3.3" Surface Mount Amber LED Strobe, Class 1 8.329 Oval LED STT 2 of 3 14 Cust Name:City of Golden Valley Configuration #: Contact:Marshall Beugen EQT002781_v1 763-593-8085 Qty Price Price 1 8.330 Oval LED reverse 1 pair oval LED reverse lights, pigtails and grommets $53.00 1 $1,162.00 1 $1,477.00 1 $711.00 1 $615.00 1 $155.00 1 $155.00 2 $1,004.00 1 $1,043.00 1 1 $267.00 $1,640.00 1 $3,137.00 1 $1,976.00 $2,306.00 1 1 1 $357.00 1 1 1 $413.00 1 $432.00 $432.00 1 $694.00 $694.00 1 $743.00 1 1 $15,888.00 100 100 100 100 100 100 100 100 100 1 100 100 100 100 0 $85,821.00 $0.00 $0.00 $0.00 Does not include Applicable Taxes * Equipment Specifications subject to change. Budgetary Total:$85,821.00 Submitted by, Exhaust Systems : With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that proposed products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of proposed products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. Transit Tax: Aaron Carlson Discount: Budgetary Sub Total: 612-719-2009 ** Manufacture's Surcharges may be added to this proposal. *** Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. Estimated F.E.T. : blank blank 2.402 DEF Tank Filler Installation of Urea tank filler for diesel trucks 2.2.7 Weight 175 lbs NA 2.2.5 Mounting Location Carrier Engine Compartment blank State of Minnesota Contract 230110, 229754, 230096, 229434 blank State Contract Air Compressors - State Contract C# 230096 Valid Through 12/31/2024 blank blank Tax Note:Applicable sales tax and/or FET estimates will be confirmed and added to the final invoice 2.2.3 RV Plug and wiring 2.2.8 Warranty 2 year on all major components blank 8.217 Strobe Installation EA Mount strobe, route wire to switch, tie-up and guard. 2.2.6 Does Compressor Include enclosureNone, remote mount components 8.6243 5587A LED Minibar Reflex 15" zero optic dome 12-24VDC 18 Flash Patterns LED 8.6098 3410A Install GFI outlets wiried from Ford Super Duty internal 2000 W power supply 2.0 Make & Model Vmac VR70 Underhood 70 CFM Air Compressor 2.2 Air compressor Drive Type Carrier Engine 2.2.4 Maximum Delivery at 110 PSI (List CFM & required RPM's or GPM)70 CFM Signal Bar Kit LED Safty Director 9 flash patter in cab controller 15' cable 8.220 Install Traffic Director Install traffic director and lighting control box 2.1 Air Compressor type Piston , screw, etc.Oil flooded rotary screw Aspen Equipment Co Build Note: Non-Standard Item #Quote# Q- 53284 on file at c tech Aspen Equipment Co Build Note:Install inverter in cab and install GFI in SS & CS # 2 8.567 Q 53284 7 drawer unit, 5-3", 2-5" 108 ADW, with shelf above drawer unit Aspen Equipment Co Build Note:Acc / O2 reel installed in CS # 1 Aspen Equipment Co Build Note:Fire ext. to be installed CS # 1 Aspen Equipment Co Build Note:CS # 1 to be vented top and bottom, with 2 eyelets and a 1" strap to secure min ACC/O2 tanks 8.384 A5850OLP Reel Craft 1/2" X 50 Ft. spring retract air reel Dealership: Contact: 8.394 TW7450OLP Reel Craft Oxy/Acy reel, 50' 1/4" hose, spring retract, tank fittngs and whip hoses 8.395 CUSTOM Reel Cover, treadbright alum, for exterior mounted hose reel protection Part/Spec Number Description Fax: Proposal Date: CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952)888-2525 · Fax: (952)656-7157 · Website: www.aspenequipment.com 3/5/2024 14.2 Modify bumper to allow 3 piece install for liftgate clearance 8.445 BR-91004 Safety Rack Arrow Stick Bracket, Pair 8.588 Spring Build-up SM Install helper spring for body leveling class 5 chassis and lower (1 side) 8.442 BR-91002REC Aspen Equipment Co Build Note: 8.488 110V Outlet-Interior Install 110V GFI duplex outlet with gang box, interior mount. Wired to power source Phone: Aspen Equipment, LLC. is pleased to offer the following proposal for your consideration Utility Light Bracket, Center Mount, 16"x7" Rectangle Install 3/4" hose reel top of CS front 8.9602 Stabilizer Add removable stabilizer option to rear of body 8.438 BR-SVC Back Rack Service Body Style Cab Protector 3 of 3 15 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3D.2. Zane Avenue & Lindsay Street (Proj. No. 23-02) Public Highway At-Grade Crossing Agreement Prepared By Michael Ryan, City Engineer Summary This agreement between the City and Union Pacific Railroad (UPRR) is required for the construction of Zane Avenue and Lindsay Street Improvements, as part of the City’s Pavement Management Program. This agreement specifically allows for the reconstruction of the existing at-grade crossing of Zane Avenue over Union Pacific Railroad property. Financial or Budget Considerations This agreement requires a $12,243 annual signal maintenance fee, a $2,416 annual surface maintenance fee, a one-time $1,025 administrative fee, and $487,861 for construction improvements performed by Union Pacific Railroad, as required for surface and signal improvements. The construction improvements and ongoing maintenance are needed for construction and long-term operation of the Zane Avenue railroad crossing. The administrative fee and construction cost estimate have been factored in project cost estimates as an indirect cost item. Annual fees are commensurate with ongoing maintenance fees. Legal Considerations Construction and maintenance activities within railroad right-of-way are subject to legal agreements, license fees, and coordination with railroad personnel. Railroad entities perform construction activities within their own property, as necessary for associated public improvements. This process, including reimbursement for construction costs, is industry standard and conforms to Federal, State, and local requirements and policies. The agreement has been reviewed by the City Attorney. Equity Considerations The City’s work to execute our Pavement Management Program is consistent with the unbiased programs and services pillar of the City’s Equity Plan. The Pavement Management Program is unbiased, prioritizing streets that are not constructed to current standards, and streets that objectively have low Pavement Quality Index scores. This approach provides safe streets, reliable service, and consistent experiences for the community. This Crossing Agreement allows specifically for Zane Avenue to be reconstructed through the railroad crossing, which improves the road 16 condition, safety measures at the crossing, and provides the community with connectivity along Zane Avenue. Recommended Action Motion to Approve Public Highway At-Grade Crossing Agreement with Union Pacific Railroad for Zane Avenue & Lindsay Street Improvements Majority Vote needed Supporting Documents 0694536Public Crossing Agreement - City of Golden Valley - Zane Ave - DOT# 185033Y.pdf 17 1 Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 UP Real Estate Project No: 0694536 PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Zane Avenue North DOT# 185033Y MP 4.284 – Golden Valley Industrial Lead Golden Valley, Hennepin County, State of Minnesota THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and CITY OF GOLDEN VALLEY, a municipal corporation or political subdivision of the State of Minnesota to be addressed at 7800 Golden Valley Road, Golden Valley, Minnesota, 55427("Political Body"). RECITALS: Presently, the Political Body utilizes the Railroad’s property for the existing at grade public road crossing over Zane Avenue North at Railroad’s MP 4.284 on Railroad’s Golden Valley Industrial Lead at or near Golden Valley, Hennepin County, State of Minnesota. The Political Body now desires to undertake as its project (the “Project”) the reconstruction of the existing at grade public road crossing. The road crossing, as reconstructed [and widened] is hereinafter the “Roadway.” The Railroad right of way right utilized by the Political Body for the existing road crossing is sufficient to allow for the reconstruction of the Roadway. The area where the Roadway crosses a portion of the Railroad’s property is hereinafter referred to as the “Crossing Area” as such area is generally shown on the Railroad’s location print marked Exhibit A and described in the plans marked Exhibit A-1, attached hereto and hereby made a part hereof. The Railroad and the Political Body are entering into this Agreement to cover the above. 18 2 Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. Section 2. RAILROAD GRANTS RIGHT For and in consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area. Section 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to: • execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and • provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or 19 3 Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 endorsements shall be sent to: Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP File Folder No. 0694536 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Section 5. FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate for Surface dated November 14, 2023, and the Railroads Material and Force Account Estimate for Signals dated March 20, 2024, collectively marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is Four Hundred Eighty-Seven Thousand Eight Hundred Sixty-One Dollars ($487,861.00). B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimate. C. The Political Body acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad 20 4 Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within three hundred sixty-five (365) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed and the Project Manager has closed the Project work order and notified the Political Body. E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANS A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. 21 5 Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 Section 9. NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 10. EFFECTIVE DATE; TERM; TERMINATION A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property. B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date. C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. 22 6 Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 Section 11. CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: (i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans. (iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement. (iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement. Section 12. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting 23 7 Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement. Section 15. ANNUAL SIGNAL MAINTENANCE FEE A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in-service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System”), the Political Body, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Twelve Thousand Two Hundred Forty Three Dollars ($12,243.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway. The annual signal maintenance fee is calculated as shown on the attached Exhibit F, attached hereto and made a part hereof. B. The above annual signal maintenance fee for Railroad's maintenance of the Signal System is based on the number of current signal units installed at the Roadway. If the Signal System is improved and/or altered in any way, the Political Body must notify the Railroad in writing and the annual signal maintenance fee will be increased at a rate based on the American Railway Engineering and Maintenance of Way Association (AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any improvement or alteration to the Signal System, the Railroad may increase the annual signal maintenance fee at a rate based on the AREMA signal unit cost index any time after the date of installation and/or improvement of the Signal System. The signal unit base for the annual signal maintenance fee may also be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual signal maintenance fee was last determined or established. Any such changes in the annual signal maintenance fee referenced in Article 2 may be made by means of automatic adjustment in billing. Section 16. ANNUAL SURFACE MAINTENANCE A. The Railroad shall maintain the crossing surface between the track tie ends at Political Body’s expense. Effective as of three years from effective date of this Agreement, Political Body agrees to pay to Railroad the sum of Two Thousand Four Hundred and Sixteen Dollars ($2,416.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the surface between track tie ends located within the Crossing Area. See Exhibit C. The Political Body, at its expense, shall maintain and repair all portions of the Roadway approaches that are not within the area between lines 24 8 Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 two (2) feet outside of the rails of each track. See lower right hand corner of Exhibit C. B. The above annual surface maintenance fee may also be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual surface maintenance fee was last determined or established. Any such changes in the annual surface maintenance fee may be made by means of automatic adjustment in billing. 25 9 Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: _________________________________ Printed Name: ________________________ Title: ________________________________ ATTEST: CITY OF GOLDEN VALLEY _____________________________ By: ________________________________ [City Clerk] Printed Name: ________________________ Title: ________________________________ Pursuant to Resolution/Order No. __________ (Seal) dated: ______________, 20__ hereto attached 26 1 EXHIBIT A Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 EXHIBIT A TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit A will be a print showing the Crossing Area (see Recitals) 27 28 1 EXHIBIT A-1 Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 EXHIBIT A-1 TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit A-1 will be the Plans of the Crossing Area (see Recitals) 29 30 31 1 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 EXHIBIT B TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the 32 2 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. 33 3 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the Political Body’s expense. B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of 34 4 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 the Political Body that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging. (i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property 35 5 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. 36 6 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. 37 7 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. 38 8 EXHIBIT B Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of six (6) years following the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. 39 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law 1 EXHIBIT C - MFAE Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 EXHIBIT C TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit C will be Railroad's Material and Force Account Estimate. 40 Material And Force Account EstimateGolden ValleyEstimate Number: 145938 Version: 1Standard Rates: Labor Additive = 148.69%Estimate Good Until 11/14/24Location: GOLDEN VALLEY IND LD, INDL, 4.26-4.3Description of Work: 185033Y Zane Ave Golden Valley MN 4.28 Golden Valley IND LDPrepared For: Golden ValleyBuy America: NoCOMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100ENGINEERING Engineering1LS16,023.0016,023016,023016,023 Bill Prep Fee - Track Surface RECOLLECT1LS900.0009009000900 Homeline Freight - Track Surface RECOLLECT1LS900.0009009000900 Foreign Line Freight - Track Surface RECOLLECT1LS1,685.7601,6861,68601,686Sub-Total = 16,023 3,486 19,509 0 19,509TRACK CONSTRUCTION - COMPANY Mobilization: Company1DA11,450.0011,450011,450011,450RDXINGRDXING 136# CON10W PP PAN COMPLETE64TF895.7427,34229,98557,327057,327TRACK136# CWRIS0 24-8'6" PPHWD N 16 TP56TF577.2120,04812,27632,324032,324Sub-Total = 58,840 42,262 101,101 0 101,101TRACK REMOVAL - COMPANYRDXINGRemove road crossing - concrete48TF80.123,84603,84603,846TRACKRemove Track72TF31.292,25302,25302,253Sub-Total = 6,099 0 6,099 0 6,099SITE WORK - CONTRACT Asphalt1LS10,000.00010,00010,000010,000 Asphalt: Saw Cut1LS6,000.0006,0006,00006,000Sub-Total = 0 16,000 16,000 0 16,000EQUIPMENT RENTAL Equipment Rental1LS25,000.00025,00025,000025,000Sub-Total = 0 25,000 25,000 0 25,000Total Wgt. in Tons = 346Totals = 80,961 86,747 167,709 0 167,709Grand Total = $167,709Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, Golden Valley will pay actual construction costs at the current rates effective thereof. __________________________________________________________________________________________________________________________________________________________________________ Tuesday, November 14, 2023 Page 1 of 141 42 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law 1 EXHIBIT D to Exhibit D – Contractor’s Right of Entry Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 EXHIBIT D TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit D will be the Railroad’s then current form of Contractor’s Right of Entry. 43 Contractor's Right of Entry Public Projects Form Approved 02/09/2022 1 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the ______ day of _______________________, 20______, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and ___________________________________________________, a ______________________ corporation ("Contractor"). RECITALS: Contractor has been hired by ___________________________________________________ to perform work relating to __________________________________________________________ (the “Work”) with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost __________ on Railroad's ______________________________ [Subdivision or Branch] [at or near DOT No. _______________ located at or near ____________, in _______________ County, State of ______________, as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated ___________________ between Railroad and _____________________________________. Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement. 44 2 ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A.Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement. B.Contractor shall coordinate all of its Work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): ___________________________________ ___________________________________ ___________________________________ ___________________________________ C.Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad’s property. ARTICLE 6 - TERM; TERMINATION. A.The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until __________________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property. B.This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE. A.Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement. B.Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C.Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance 45 3 carrier evidencing the insurance coverage required under Exhibit B. D.Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement. D.Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company __________________________ [Insert mailing address] __________________________ __________________________ Attn:______________________ Folder No. _________________ ARTICLE 8 - PRECONSTRUCTION MEETING. If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 10. ADMINISTRATIVE FEE. Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A.No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B.Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. 46 4 ARTICLE 12.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: ________________________________ Title: _______________________________ _________________________________ (Name of Contractor) By: ______________________________ Name: ____________________________ Title: _____________________________ Phone: ____________________________ E-Mail: ____________________________ 47 EXHIBIT A TO CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site. 48 49 1 EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING. A.Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. B.No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. C.Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion. D.If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. E.If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement. F.The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is 50 2 paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A.The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B.The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A.Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty- five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B.Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor. 51 3 Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A.Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished. B.IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A.Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor 52 4 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdf B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO. D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY 53 5 WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY. E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. 54 1 EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Requirements For Contractor’s Right of Entry Agreement During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence 55 2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Requirements G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance. J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement. 56 3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. 57 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law 1 EXHIBIT E Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 EXHIBIT E TO PUBLIC HIGHWAY AT GRADE-CROSSING AGREEMENT Exhibit E will be signal design schematic 58 GCP AS A 120V TO 240V ADAPTER. FOR 240V TO 240V IS PROVIDED AS WELL PORTABLE GENERATOR EXTENSION CORD 25’ 30’ 15’ 15’ TO BE VERIFIED BY FIELD OFFSET AND ISLAND DISTANCES TO PLYMOUTH TO GLENWOOD JCT. TRANSMITTER AND RECEIVER LEADS TOP OF FOUNDATION TO BE AT SAME ELEVATION AS THE SURFACE OF THE TRAVELED WAY & NO ALL LIGHTS TO BE 12" ROUNDELS. LIGHTS: NOTES: ALL TRACK WIRES 2C. #6 INSULATED 1 TWIST PER FT. RECOMMENDATION. WIRE TO BE #6 AWG FLEX OR LARGER. REFER TO UP STANDARD DWG FOR BUNGALOW GROUNDING. ALL WIRING IN GATE MECHANISM TO BE #10 "AWG FLEX". 4" X 50’ CONDUIT 1T11T215’ =TWISTED WIRES MORE THAN 4" ABOVE THE SURFACE OF THE GROUND. ALL BUNGALOW WIRING TO BE #16 AWG FLEX UNLESS OTHERWISE SPECIFIED EXCEPT ALL GROUND = = = = = =1R21R1 LED LIGHTS xx = BELL 645HZ 15.2kHZ TO BE SEPARATED BY AT LEAST 12" IN TRENCH, 1 15’ PRIME WARNING TIME = 25 SECONDS 5’3" 5’3" TRK 1 ISLAND DISTANCE 132’ MINIMUM 120’ REQUIRED PREFERRED ISLAND WIRE CONNECTIONS ARE A MINIMUM 50’ FROM EDGE OF ROAD LENGTHS SHOULD NOT EXCEED MANUFACTURER’S 881’ 25+5 SEC. @ 20 M.P.H. 881’ 25+5 SEC. @ 20 M.P.H. SIGNAL DESIGN THE OFFICE OF AUTHORITY FROM MADE WITHOUT ARE NOT TO BE MODIFICATIONS CIRCUIT 642 NBS642NBS C C CT "B" 3 4 xx 5 6 1 2 W(S)E(N)CONNECTS TO M.P. 4.68 6’X8’ MATERIAL NOTES; DELETE UPON "AC" U.P. PART #520-0185 6X8 ALUMINUM CABIN6X8 NEW SHEET CONSTRUCTION NOTES: 1. POK (SEE STD DWG 930000 SERIES) AS APPLICABLE. FOR SMART RECTIFIER/POK/WMS CIRCUITS SEE 930000-SERIES STANDARD DRAWINGS Modification Level Q.A. Last Level Checked Last Level Mod This Typical Last Level by Designer Changed From Typical? Rev DW DW DW Y 03.28.22 5K 1TKBG.1 ZANE AVENUE NORTH25’ 3 4 T"A" CCC xx 1 2 5 6 7 8 = = = = = = = = = = = = = = = Date: Des: Chk: AFE: Sh.: DOT MP: ID: 12/07/23 PRS 72861 1 185033Y 4.28 GOLDEN VALLEY, MINNESOTA ZANE AVENUE NORTH GOLDEN VALLEY INDUSTRIAL LEAD Omaha, Nebraska '2007 UnionPacificRailroad '2007 UnionPacificRailroad'2007 UnionPacificRailroad '2007 UnionPacificRailroad Office of AVP Engineering - Signal UNION PACIFIC RAILROAD 0188428.1X 55’ NBS 970HZ APPROACH DOUGLAS DR. NBS DRIVEWAY I.J.I.J.I.J.I.J. 43’96’312’CPRSDesigned: Rec#:WO#: IS:/ /// 12/07/23 INSTALL FLS/GATES & CWT AT ZANE AVENUE NORTH M.P. 4.28 72861 ANMPRS REMOVE HARDWIRE SHUNT IN EAST APPROACH. DRAWING 935582UP. ORDER & INSTALL TAB 925 POK LIGHT PER STANDARD 2. CONSTRUCTION NOTES: 1. REMOVE HARDWIRE SHUNT IN EAST APPROACH. DRAWING 935582UP. ORDER & INSTALL TAB 925 POK LIGHT PER STANDARD 2. GCP AS A 120V TO 240V ADAPTER. FOR 240V TO 240V IS PROVIDED AS WELL PORTABLE GENERATOR EXTENSION CORD 25’ 30’ 15’ 15’ TO BE VERIFIED BY FIELD OFFSET AND ISLAND DISTANCES TO PLYMOUTH TO GLENWOOD JCT. TRANSMITTER AND RECEIVER LEADS TOP OF FOUNDATION TO BE AT SAME ELEVATION AS THE SURFACE OF THE TRAVELED WAY & NO ALL LIGHTS TO BE 12" ROUNDELS. LIGHTS: NOTES: ALL TRACK WIRES 2C. #6 INSULATED 1 TWIST PER FT. RECOMMENDATION. WIRE TO BE #6 AWG FLEX OR LARGER. REFER TO UP STANDARD DWG FOR BUNGALOW GROUNDING. ALL WIRING IN GATE MECHANISM TO BE #10 "AWG FLEX". 4" X 50’ CONDUIT 1T11T215’ =TWISTED WIRES MORE THAN 4" ABOVE THE SURFACE OF THE GROUND. ALL BUNGALOW WIRING TO BE #16 AWG FLEX UNLESS OTHERWISE SPECIFIED EXCEPT ALL GROUND = = = = = =1R21R1 LED LIGHTS xx = BELL 645HZ 15.2kHZ TO BE SEPARATED BY AT LEAST 12" IN TRENCH, 1 15’ PRIME WARNING TIME = 25 SECONDS 5’3" 5’3" TRK 1 ISLAND DISTANCE 132’ MINIMUM 120’ REQUIRED PREFERRED ISLAND WIRE CONNECTIONS ARE A MINIMUM 50’ FROM EDGE OF ROAD LENGTHS SHOULD NOT EXCEED MANUFACTURER’S 881’ 25+5 SEC. @ 20 M.P.H. 881’ 25+5 SEC. @ 20 M.P.H. SIGNAL DESIGN THE OFFICE OF AUTHORITY FROM MADE WITHOUT ARE NOT TO BE MODIFICATIONS CIRCUIT 642 NBS642NBS C C CT "B" 3 4 xx 5 6 1 2 W(S)E(N)CONNECTS TO M.P. 4.68 6’X8’ MATERIAL NOTES; DELETE UPON "AC" U.P. PART #520-0185 6X8 ALUMINUM CABIN6X8 NEW SHEET POK (SEE STD DWG 930000 SERIES) AS APPLICABLE. FOR SMART RECTIFIER/POK/WMS CIRCUITS SEE 930000-SERIES STANDARD DRAWINGS Modification Level Q.A. Last Level Checked Last Level Mod This Typical Last Level by Designer Changed From Typical? Rev DW DW DW Y 03.28.22 5K 1TKBG.1 ZANE AVENUE NORTH25’ 3 4 T"A" CCC xx 1 2 5 6 7 8 = = = = = = = = = = = = = = = Date: Des: Chk: AFE: Sh.: DOT MP: ID: 12/07/23 PRS 72861 1 185033Y 4.28 GOLDEN VALLEY, MINNESOTA ZANE AVENUE NORTH GOLDEN VALLEY INDUSTRIAL LEAD Omaha, Nebraska '2007 UnionPacificRailroad '2007 UnionPacificRailroad'2007 UnionPacificRailroad '2007 UnionPacificRailroad Office of AVP Engineering - Signal UNION PACIFIC RAILROAD 0188428.1X 55’ NBS 970HZ APPROACH DOUGLAS DR. NBS DRIVEWAY I.J.I.J.I.J.I.J. 43’96’312’CPRSDesigned: Rec#:WO#: IS:/ /// 12/07/23 INSTALL FLS/GATES & CWT AT ZANE AVENUE NORTH M.P. 4.28 72861 ANMPRS 59 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law 2 EXHIBIT E Public Highway At-Grade Crossing Agreement DOT DOT# 185033Y, Project 0694536 EXHIBIT F TO PUBLIC HIGHWAY AT GRADE-CROSSING AGREEMENT Exhibit F will be the AREMA Statement 60 61 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3D.3. Approve City Manager Employment Agreement Prepared By Charlene Stevens, Executive Vice President for Recruiting Services, MGT/GovHR Pam Dmytrenko, Vice President, MGT/GovHR Summary On March 1, 2024, former City Manager Tim Cruikshank retired from the City of Golden Valley, leaving the City Manager position vacant. The City Council, with the assistance of the recruitment firm GovHR USA, conducted a national search for a new City Manager and selected Noah Schuchman. GovHR USA negotiated the attached employment agreement with Mr. Schuchman. The City Manager will perform the duties of City Manager of a statutory plan B City as outlined in Minnesota law, including but not limited to under Minn. Stat. 412.651, and other duties assigned by the City Council. Financial or Budget Considerations Salary and benefits for this position are absorbed by the 2024 City Manager's department budget. Legal Considerations The City Attorney approved the form of this Agreement. Equity Considerations This item completed Equity Review and is consistent with the City's diversity, equity, and inclusion initiatives. Recommended Action Motion to approve City Manager Employment Agreement. Supporting Documents City Manager Employment Contract 62 CITY OF GOLDEN VALLEY CITY MANAGER EMPLOYMENT AGREEMENT This Agreement is made and entered into this 16th day of July, 2024, by and between the City of Golden Valley, a Minnesota municipal corpora�on (the “City”), and Noah Schuchman (the “Employee”). WHEREAS, the City desires to employ the Employee and the Employee desires to accept employment, as City Manager of the City of Golden Valley, Minnesota, pursuant to the laws of the State of Minnesota and ordinances of the City; WHEREAS, the City and the Employee desire to enter into an agreement establishing the terms and conditions of employment; NOW, THEREFORE, in consideration of the mutual agreements contained herein, the parties agree as follows: 1. DUTIES. a. The City agrees to employ Noah Schuchman as its City Manager to serve in accordance with state statutes, City ordinances and the Code of Ethics of the Interna�onal and Minnesota City/County Management Associa�ons, and to perform such other legally permissible and proper du�es and func�ons as the City Council shall from �me-to-�me assign. b. The Employee’s first day of employment shall be July 17th, 2024. c. Except where specifically modified by this Agreement, the personnel policies and payroll prac�ces per�nent to management posi�ons as defined in the City’s Employee Handbook shall apply to the Employee. There shall be no devia�ons from such policies unless explicitly provided in this Agreement. 2. SALARY. The City shall pay the Employee a salary of $211,698 per year, less applicable taxes, payable in equal installments on the payroll schedule established for other City employees. The base salary and benefits for calendar year 2025 and therea�er, shall be set when salaries are established for other non-union City employees according to the City’s compensa�on and classifica�on grid. Each year the Employee shall receive a cost-of-living adjustment (COLA), equal to the COLA approved by the City Council for all other non-union City employees. 3. BENEFITS. The City shall provide the Employee the same benefits, including paid �me off, insurance (health, dental, term life, and disability), as provided to all other non-union employees. 63 4. PENSION PLAN. The City shall contribute to the Public Employees Re�rement Associa�on of the State of Minnesota (“PERA”) as required by State law for the Employee. 5. DEFERRED COMPENSATION. The Employee may par�cipate in deferred compensa�on programs offered by the City and receive employer contribu�ons, if eligible, on the same basis as other non-union employees of the City. 6. PAID TIME OFF (PTO). The Employee shall retain all PTO and floa�ng holidays accrued as of the effec�ve date of this Agreement. The Employee shall accrue PTO in accordance with the City’s personnel policies beginning at the over 20 years level. The Employee may use credited PTO effec�ve on the Employee’s first day of employment. 7. HOLIDAYS. The City shall provide the Employee the same paid holidays as enjoyed by other non-union employees. 8. PROFESSIONAL DEVELOPMENT. The City shall pay the following membership dues and costs on behalf of Interim City Manager: a. Interna�onal City/County Management Associa�on (ICMA); b. Minnesota City/County Management Associa�on (MCMA); c. Reasonable cost of Interim City Manager’s atendance at the annual conferences of the ICMA, MCMA, and League of Minnesota Ci�es; d. Addi�onal expenses for conferences or professional development ac�vi�es not in conflict with the City’s Public Purpose Expenditure Policy or other Employee Handbook policies. 9. CIVIC CLUB MEMBERSHIP. The City recognizes the desirability of the Employee represen�ng the City in and before local civic and other organiza�ons. The Employee is authorized, at the City’s expense, to become a member of such civic clubs or organiza�ons as the Employee deems appropriate or desirable. 10. AUTOMOBILE. The City shall pay the Employee a monthly allowance of $400 for use of the Employee’s personal automobile for City business. 11. GENERAL EXPENSES. The City shall reimburse the Employee reasonable miscellaneous job-related expenses which the par�es an�cipate the Employee will incur from �me to �me so long as the Employee provides appropriate documenta�on. 12. RELOCATION ALLOWANCE. The City shall reimburse the Employee up to $9,000 for approved moving expenses the Employee incurs in reloca�ng to the 7-county Minneapolis-St. Paul metropolitan area (the “Reloca�on Allowance”). The City shall provide such reimbursement upon the Employee presen�ng documenta�on sa�sfactory to the Finance Director evidencing such expenses. The reloca�on shall be completed no later than September 1, 2025. In the event 64 the Employee leaves employment within 24 months of the Effec�ve Date of this Agreement, the Employee shall repay the Reloca�on Allowance on a pro-rated basis. 13. OUTSIDE EMPLOYMENT. During the term of this Agreement the Employee will not engage in outside employment that interferes with or conflicts with their du�es as City Manager or the interests of the City. Prior to engaging in any outside employment or business ac�vity, the Employee shall seek City Council approval through the process then set forth in the Employee Handbook. 14. EVALUATION. The par�es agree that the effec�ve performance of the Employee depends in large part on a close, honest working rela�onship between the City Council and the Employee. To that end, the par�es hereby agree to meet no less than annually to evaluate the Employee, review their working rela�onship and discuss methods to improve the working rela�onship. Said mee�ngs shall be facilitated by an independent third party consultant with experience and exper�se facilita�ng execu�ve performance evalua�ons. 15. TERMINATION AND SEVERANCE PAY. a. In the event the Employee is terminated by the City Council and during such �me the Employee is willing and able to perform the du�es of City Manager, then the City shall give the Employee sixty (60) calendar day advance no�ce of termina�on, and at the end of the no�ce pay the Employee a lump sum cash payment equal to six months aggregate salary and con�nue to provide and pay for the benefits set forth in this Agreement for a period of six months following termina�on (the “Severance Benefits”). b. The City shall have the op�on of determining the termina�on date of the Employee and, at its discre�on, may relieve the Employee of their du�es prior to the effec�ve termina�on date. c. Notwithstanding the foregoing, in the event the Employee is terminated because of their malfeasance in office, gross misconduct, convic�on of a felony, or convic�on for an illegal act involving personal gain to the Employee, then the City shall have no obliga�on to pay the Severance Benefits. d. If the City, at any �me during the Employee’s employment, reduces the salary or other financial benefits of the Employee in a greater percentage than an applicable across-the-board reduc�on for all City employees; or if the City refuses, following writen no�ce, to comply with any other provisions of this Agreement benefi�ng the Employee; or in the event the Employee resigns pursuant to a request by the City, then the Employee may, at their op�on, be deemed to be “terminated” within the meaning and context of the severance pay provisions above at the �me of such resigna�on, reduc�on, or refusal. 65 e. If the Employee voluntarily resigns their posi�on with the City, the Employee agrees to give the City a minimum of 45 days’ advance no�ce. If the Employee voluntarily resigns, there shall be no Severance Benefits due to the Employee. f. Unless the Employee is terminated because of their malfeasance in office, gross misconduct, convic�on of a felony, or convic�on for an illegal act involving personal gain to the Employee, the City agrees to pay the Employee all pay associated with voluntary termina�on of employment to which Employee is en�tled pursuant to the City’s then current personnel policies. 16. INDEMNIFICATION. The City shall defend and indemnify the Employee pursuant to Minn. Stat. § § 466.07 and 465.76. In addi�on, the City shall defend, hold harmless, and indemnify the Manager from all torts; civil damages, penal�es, and fines; viola�on of statutes, laws, and ordinances, provided the Manager was ac�ng in the performance of the du�es of the posi�on. 17. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of the Employee at any �me, for any reason, subject only to the provisions of this Agreement and applicable law. Furthermore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any �me from their posi�on with the City, subject only to the provisions of this Agreement. 18. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. The City may fix any other terms and condi�ons of employment as it may deem appropriate from �me to �me provided such terms and condi�ons are not inconsistent with this Agreement, the laws of the State of Minnesota, the ordinances of the City, or any other applicable laws. 19. ENTIRE AGREEMENT. This Agreement is the en�re agreement between the City and Employee and shall be binding upon and inure to the benefit of the heirs, executors, administrators, and successors in interest of the par�es. 20. SEVERABILITY. If any provision, or any por�on thereof, contained in this Agreement is held to be uncons�tu�onal, invalid, or unenforceable, the remainder of this Agreement or por�on thereof shall be deemed severable, shall not be affected, and shall remain in full force and effect. [Signature page follows. Remainder of page intentionally blank.] 66 IN WITNESS WHEREOF, the City of Golden Valley, Minnesota, has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly atested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above writen. CITY OF GOLDEN VALLEY, MINNESOTA __________________________________ Roslyn Harmon, Mayor __________________________________ Theresa Schyma, City Clerk EMPLOYEE _________________________________ Noah Schuchman 67 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3D.4. Approve Professional Services Agreement with Gallagher Consulting for Actuarial Valuation Services of the City's Other Post Employment Benefits Plan Prepared By Lyle Hodges, Finance Director Summary The Government Accounting Standards Board (GASB) requires the city to receive an actuarial valuation of our other post-employment benefits on an annual basis to comply with various requirements of GASB statement number 75. Gallagher consulting will review our plan provisions, participants' demographic data, and other factors to inform their actuarial methods in compiling a report for the city. That report will be used to complete our audited financial statements and for disclosures as required by GASB in our Annual Comprehensive Financial Report. Financial or Budget Considerations The cost of this engagement is not to exceed $2,100 and the budget for this service is included in the 2024 Budget under City Council Professional Services. Legal Considerations The City Attorney has reviewed and approved the agreement. Equity Considerations The agreement passed equity review. Recommended Action Motion to approve the professional services agreement with Gallagher Consulting to provide a report on the relevant information needed for the City to report on our other post-employment benefits plan as required by Governmental Accounting Standards Board Statement Number 75. Supporting Documents Professional Services Agreement for Actuarial Services 2024_City of Golden Valley.pdf 68 City of Golden Valley | May 2024 ©2024 Arthur J. Gallagher & Co. All rights reserved. Page 1 of 5 MASTER AGREEMENT FOR PROFESSIONAL SERVICES This MASTER AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) entered into as of May 8, 2024 (“Effective Date”) is between Gallagher Benefit Services, Inc., a subsidiary of Arthur J. Gallagher & Co., a Delaware corporation (“Gallagher”) and City of Golden Valley (“Client”). Gallagher and Client desire to arrange for the provision of services by Gallagher to the Client as set forth herein. In consideration of the promises and mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. ENGAGEMENT OF SERVICES. From time to time, Gallagher and Client may enter into project assignment(s) for the provision of services provided by Gallagher (each a, “Project Assignment). The exact nature and scope of the services shall be agreed, and the scope of services shall be detailed in a Project Assignment, and shall be governed by the terms and conditions of this Agreement. 2. SCOPE OF PROJECT ASSIGNMENTS. Gallagher will provide services, functions, or responsibilities related to the services set forth in a Project Assignment that are: (a) reasonably required for the proper performance and delivery of such services, functions, or responsibilities in accordance with this Agreement, or (b) an inherent part of, or a necessary subpart included within such services, functions or responsibilities. 3. STANDARD FOR PERFORMANCE. Subject to the terms of this Agreement, Gallagher will use its best efforts to render and complete the services by the applicable completion dates as may be specified in the Project Assignment. 4. COMPENSATION. Client will pay Gallagher the fees as set forth in any Project Assignment(s) as agreed upon between the parties. Client shall be responsible for all expenses incurred by Gallagher in the performance of its services under this Agreement. Upon termination of this Agreement for any reason, Gallagher will be paid fees specified on the Project Assignment for work which is then in progress on a proportional basis, and expenses incurred through the effective date of such termination. Unless other terms are set forth in the Project Assignment(s) for projects which are in progress, Client will pay Gallagher for services and will reimburse Gallagher for previously approved expenses within thirty (30) days of the date of Gallagher’s invoice. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. Gallagher’s relationship with Client will be that of an independent contractor and nothing in this Agreement should be construed to create a partnership, joint venture, agent-principal, or employer-employee relationship. In the performance of its duties, Gallagher may rely upon, and will have no obligation to independently verify the accuracy, completeness, or authenticity of, any written instructions or information provided to Gallagher by the Client or its designated representatives, and reasonably believed by Gallagher to be genuine and authorized by the Client. Furthermore, Gallagher’s engagement under this Agreement will not prevent it from taking similar engagements with other clients who may be competitors of the Client. Gallagher will, nevertheless, exercise care and diligence to prevent any actions or conditions which could result in a conflict with Client's best interest. 6. CONFIDENTIAL & NON-IDENTIFYING INFORMATION. 6.1 Confidential Information. As used in this Agreement, “Confidential Information” means any non-public, proprietary or personal data and information furnished by either party or its agents or representatives to the other party or its agents and representatives, whenever furnished and regardless of the manner or media in which such information is furnished, which the receiving party knows or reasonably 69 City of Golden Valley | May 2024 ©2024 Arthur J. Gallagher & Co. All rights reserved. Page 2 of 5 should know to be confidential. Each party shall treat Confidential Information as confidential and only use it in the performance of its obligations under this Agreement. The parties acknowledge that Confidential Information includes personal data provided to Gallagher by Client for the benefit of Client and/or its employees to facilitate the performance of services set forth in this Agreement or applicable Project Assignment. Both parties also agree and understand that Confidential Information may include information that alone, or in combination with other information, uniquely identifies an individual. Client agrees that Gallagher is permitted to disclose and transfer Client’s Confidential Information to Gallagher’s affiliates, agents, or vendors that have a need to know the Confidential Information in connection with the services provided under this Agreement (including insurance carriers, as necessary, for quoting and/or placing insurance coverages). Gallagher has established, and will maintain security controls to protect Client Confidential Information from unauthorized use or disclosure. For additional information, please review Gallagher’s Privacy Policy located at https://www.ajg.com/privacy-policy/. Both Gallagher and Client agree to comply with all state and federal laws, rules, and orders that relate to privacy and data protection which are, or which in the future may be, applicable to Confidential Information, the services, or the performance of obligations under this Agreement. Upon request, Gallagher will cooperate with Client pursuant to applicable law(s) to comply with requests from individuals regarding their personal information. 6.2 Non-Identifying Information. Notwithstanding Section 6.1 above, Gallagher may collect, use, transfer, and disclose information only in a form that does not specifically identify Client (“Non- Identifying Information”). All Non-Identifying Information will remain anonymous and cannot be altered to re-identify Client or any individual. Furthermore, Gallagher certifies that all Non-Identifying Information combined and aggregated with information collected from other sources for analytical and research purposes, shall be subject to, and in compliance with all applicable privacy and data security laws. 7. REPRESENTATIONS AND WARRANTIES. 7.1. Gallagher Representations and Warranties. Gallagher represents and warrants that its services shall be performed by personnel possessing competency consistent with applicable industry standards. 7.2. Client Representations and Warranties. Client hereby represents and warrants that: (a) materials provided to Gallagher for use in connection with the services provided hereunder will not infringe the intellectual property rights of any third party; and (b) Client has the full right and power to enter into and perform this Agreement without the consent of any third party. 7.3. No Other Representations and Warranties. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, NO OTHER REPRESENTATION, EXPRESS OR IMPLIED, AND NO WARRANTY OR GUARANTEES ARE INCLUDED OR INTENDED BY GALLAGHER IN THIS AGREEMENT, OR IN ANY REPORT, OPINION, DELIVERABLE, WORK PRODUCT, DOCUMENT OR OTHERWISE. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY GALLAGHER CONCERNING THE MATTERS COVERED BY THIS AGREEMENT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. 70 City of Golden Valley | May 2024 ©2024 Arthur J. Gallagher & Co. All rights reserved. Page 3 of 5 8. LIMITED LIABILITY. Gallagher’s liability to the Client and any other party for any losses, injury or damages to persons or properties or work performed arising out of in connection with this Agreement and for any other claim, whether the claim arises in contract, tort, statute, or otherwise, shall not exceed the amount actually paid by Client to Gallagher annually. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, GALLAGHER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR PUNITIVE DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THIS AGREEMENT, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. Client’s exclusive remedy for any claim arising out of or relating to this Agreement will be for Gallagher, at its sole option and upon receipt of written notice, either: (a) to use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which Gallagher is at fault, or (b) return to Client the fees paid by Client to Gallagher for the particular service provided that gives rise to the claim, subject to the limitation contained in this section. Client agrees that it will not allege that this remedy fails its essential purpose. No claim or cause of action, regardless of form (tort, contract, statutory, or otherwise), arising out of, relating to or in any way connected with this Agreement or any services provided hereunder may be brought by either party any later than two (2) years after the accrual of such claim or cause of action. 9. TERM AND TERMINATION. The term of this Agreement will commence on the Effective Date and shall remain in effect until terminated in accordance with this Agreement. Either party may terminate this Agreement by giving the other party at least sixty (60) days written notice of its intent to terminate, provided however any active, and outstanding Project Assignments existing under this Agreement will continue until expiration, termination, or completion of services as stated in each such Project Assignment. Client shall be responsible to Gallagher for any services performed prior to the date of termination and Gallagher shall be responsible to Client to continue to provide services until the date of termination of this Agreement. Upon termination of the Agreement, contingent upon Client’s full payment for services and incurred expenses, Gallagher will deliver to Client any and all of its information, forms and documentation. 10. GENERAL PROVISIONS. 10.1. Assignment and Subcontractors. Client may not assign this Agreement without Gallagher’s prior written consent. Gallagher may cause another person or entity, as a subcontractor to Gallagher, to provide some of the services required to be performed by Gallagher hereunder; provided that Gallagher shall remain responsible for all acts and omissions of any such subcontractors (each of which shall be bound by Gallagher’s obligations under this Agreement). Gallagher shall seek prior written approval from Client for any subcontractors providing substantive consulting, professional, or managerial services. Prior written approval shall not be required for clerical, office, secretarial, IT back-up, administrative or similar support services. 10.2. Travel Expenses. Expenses are to be kept to a minimum and are billed at actual cost for (but not limited to) the following: consultant travel, lodging, meals, local transportation, and airport, meeting, and parking expenses. Hotel expenses will typically be based on preferred rates obtained by Client or Gallagher; however Gallagher may select a non-preferred major chain (e.g., Marriott; Hyatt; etc.) if personal safety factors, geography, or meeting requirements dictate. Charges for airfare will be based on the most economical means of travel wherever possible, however, due to scheduling difficulties, aircraft capacity, and/or fare availability, charges may on occasion include higher cost, refundable fares fees, full coach, or non-refundable business/first class charges. 71 City of Golden Valley | May 2024 ©2024 Arthur J. Gallagher & Co. All rights reserved. Page 4 of 5 10.3. Force Majeure. Except for Client’s payment obligations under this Agreement, neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control. 10.4. No Legal Advice Intended. The advice given by Gallagher is not intended to be, nor should it be construed as legal advice. Client is recommended, at its own cost, to have its own independent legal counsel review all documentation provided by Gallagher. Gallagher will not be obligated to perform, and the Client will not request performance of, any services which may constitute unauthorized practice of law. The Client will be solely responsible for obtaining any legal advice, review or opinion as may be necessary to ensure that its own conduct and operations, including the engagement of Gallagher under the scope and terms as provided herein, conform in all respects with applicable State and Federal laws and regulations (including ERISA, the Internal Revenue Code, State and securities laws and implementing regulations) and, to the extent that the Client has foreign operations, any applicable foreign laws and regulations. 10.5. Severability. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 10.6. Notices. All notices, requests and other communications under this Agreement must be in writing, and must be mailed by registered or certified mail, postage prepaid and return receipt requested, delivered by overnight delivery or delivered by hand to the party to whom such notice is required or permitted to be given. If mailed, any such notice will be considered to have been given five (5) business days after it was mailed, as evidenced by the postmark. If delivered by overnight delivery or hand, any such notice will be considered to have been given when received by the party to whom notice is given, as evidenced by written and dated receipt of the receiving party. The mailing address for notice to either party will be the address show on the signature page of this Agreement. Either party may change its mailing address by notice as provided by this section. 10.7. Governing Law. The parties agree that this Agreement shall be governed by, interpreted and construed in accordance with the laws of the State of Minnesota without giving effect to the choice of law principles thereof or any canon, custom or rule of law requiring construction against the drafter. 10.8. Enforcement. In the event that either party shall successfully bring an action against the other with respect to the enforcement, interpretation, or breach of any provision of this Agreement, the other party shall pay the reasonable amounts incurred by the party bringing the action, specifically including court costs, expenses and reasonable attorneys’ fees. 10.9. Waiver. No waiver by either party of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No waiver by either party of any right under this Agreement shall be construed as a waiver of any other right. Neither party shall be required to give notice to enforce strict adherence to all terms of this Agreement. 10.10. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by the party to be charged. This Agreement shall inure to the benefit of, and shall be binding upon, both Gallagher and Client and their respective heirs, legal representatives and permitted assigns. The terms of this Agreement will govern all Project Assignments and services undertaken by Gallagher for Client. In the event of any conflict between this Agreement and a Project Assignment, the Project Assignment shall control, but only with respect to the matters set forth therein. 72 City of Golden Valley | May 2024 ©2024 Arthur J. Gallagher & Co. All rights reserved. Page 5 of 5 10.11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. One or more counterparts of this Agreement may be delivered by facsimile or other electronic signature (including portable document format) by either of the parties and the receiving party may rely on the receipt of such document so executed and delivered electronically, with such delivery having the same effect as delivery of an original counterpart. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the date first written above. Client: City of Golden Valley Gallagher Benefit Services, Inc. By: By: Name: Name: Colin J. Henty Title: Title: Practice Leader, Actuarial and Retirement Services Date: Date: 6/4/2024 Address: Address: 3600 American Blvd. West, Suite 500 Bloomington, MN 55431 By: Name: Title: Date: Address: Mayor City Manager Noah Schuchman Roslyn Harmon 7800 Golden Valley Road Golden Valley, MN 55427 7800 Golden Valley Road Golden Valley, MN 55427 73 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3D.5. Approve Joint Powers Agreement with Hennepin County for Assessment Services Prepared By Lyle Hodges, Finance Director Summary The City of Golden Valley will continue to receive property tax assessment services from Hennepin County as allowed under Minnesota law. The City shall participate in the agreement as outlined by providing requested information to the County for the assessment process. In return, the County will perform property assessments for the City. Financial or Budget Considerations There are no financial or budgetary concerns related to this Joint Powers Agreement. Legal Considerations This agreement went through the legal and equity review process. Equity Considerations This agreement went through the legal and equity review process. Recommended Action Motion to approve the joint powers agreement with Hennepin County for property tax assessment services for the City of Golden Valley. Supporting Documents Hennepin County Assessment Services JPA.pdf 74 75 76 77 78 79 80 81 82 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3D.6. Approve Hennepin County User Agreement for Nearmap Prepared By Darren Groth, Assistant Community Development Director Summary Nearmap’s hosted software system collects, organizes, stores, displays and allows access to a collection of ortho images, oblique images, metadata, data layers, and other geographic or structural visualizations or embodiments. Hennepin County has an agreement with Nearmap US, Inc. to allow duly authorized political units or political subdivisions located totally or substantially within the boundaries of Hennepin County, including cities or townships, to access the System and Nearmap Delivered Content. The City of Golden Valley has utilized this software through an agreement with Hennepin County for the past several years (last year's agreement is attached). Since the agreement asks the City to to defend, indemnify, and hold harmless the COUNTY, City Council approval is required. Financial or Budget Considerations N/A Legal Considerations The City Attorney has reviewed and approved the agreement. Equity Considerations The agreement passed equity review. Recommended Action Motion to approve the user agreement with Hennepin County for the licensing of oblique images and related systems (the “Nearmap Agreement”). Supporting Documents A2412303 HC User Agreement Nearmap 2024-2027 Golden Valley_ Reviewed.docx A2110748_-_HC_User_Agreement_Nearmap-_City_of_Golden_Valley_-_Fully_executed_.pdf 83 Contract No. A2412303 - 1 - HENNEPIN COUNTY USER AGREEMENT This Hennepin County User Agreement (“HCUA”) is between Hennepin County, State of Minnesota, (“COUNTY”) and City of Golden Valley, (“USER”). WITNESSETH: WHEREAS, COUNTY and Nearmap US, Inc. (“Nearmap”) executed AGREEMENT, Contract No. PR00002983, as amended, for the licensing of oblique images and related systems (the “Nearmap Agreement”); WHEREAS, Nearmap’s hosted software system, except the Footprint module, (collectively the “System”) collects, organizes, stores, displays and allows access to a collection of ortho images, oblique images, metadata, data layers, and other geographic or structural visualizations or embodiments (collectively “Delivered Content”); WHEREAS, by the terms of the Nearmap Agreement, Nearmap granted COUNTY the right to allow duly authorized political units or political subdivisions located totally or substantially within the boundaries of Hennepin County, including cities or townships, to access the System and Nearmap Delivered Content. NOW, THEREFORE, in consideration of the mutual undertakings and agreements set forth herein, COUNTY and USER agree as follows: 1. Term. This Agreement shall commence upon April 30, 2024 and shall continue for one (1) year unless terminated earlier in accordance with the provisions of this Agreement. Subject to the provisions herein and unless COUNTY otherwise notifies USER within thirty (30) days prior to the expiration of a term of this Agreement, this Agreement shall then automatically renew for another two (2) year term. However, in no event shall this Agreement continue beyond March 11,2027. 2. Licenses. Subject to the provisions herein, COUNTY grants USER a limited, revocable, non-exclusive, royalty-free license to access and use the System and Delivered Content exclusively for the performance of USER’s public responsibilities in the 84 Contract No. A2412303 - 2 - ordinary course of government business, and may not be resold for the purpose of direct commercial benefit or gain. The rights granted in this paragraph may be referred to as the “License”. For clarification and not limitation, the License permits access or use by USER’s employees and contracted personnel performing USER’s public responsibilities in the ordinary course of USER’s business (said employees or contracted personnel may be referred to as “Eligible Personnel” and, as applicable throughout this HCUA, the term “USER” shall include and apply to Eligible Personnel). However, subject to the foregoing, upon a third-party (e.g., public) request to USER for the right to inspect, copy or otherwise access Delivered Content pursuant to the MGDPA (as defined herein), USER shall 1) direct the request to the COUNTY Contract Administrator (identified herein); 2) explain to the requesting party that the request has been directed to the COUNTY and communicate appropriate COUNTY contact information; and 3) perform any other reasonable tasks necessary to expedite fulfillment of the request. USER is solely responsible for implementing the technology necessary to access the System, to retrieve Delivered Content and to use, control and safeguard the Delivered Content pursuant to the obligations set forth herein. Except as expressly set forth herein, USER shall acquire no right, title or interest in or to the System or Delivered Content. USER shall strictly comply with the following: (i) USER shall access the System and access, use, control and safeguard Delivered Content in compliance with the terms of this HCUA; (ii) USER shall only access the System and Delivered content by and through a computer workstation or server (i) that is owned or leased by USER; (ii) that is under the exclusive control of USER; and (iii) that is exclusively available for use by USER (an “Authorized System”); (iii) USER shall not share or distribute System authentication information, usernames or passwords (“Authentication”) with any unauthorized third-party; (iv) USER shall secure and safeguard the System, Authentication and Delivered Content in USER’s possession or control in the same manner that USER secures and safeguards its own critical or confidential systems, software, data, passwords or other information. If there is a 85 Contract No. A2412303 - 3 - conflict between USER’s security requirements and COUNTY’s security requirements, COUNTY’s security requirements shall prevail; (v) USER shall not access the Delivered Content by any means other than the System including but not limited to scraping, robots, wanderers, crawlers, spiders, etc (as those terms are commonly used and understood in the information technology industry); (vi) USER shall be solely responsible for accessing, using and otherwise supporting the System including but not limited to paying all costs, expenses and communication charges associated with the same; (vii) USER shall use, control and safeguard the Delivered Content in compliance with the terms of this HCUA and with applicable law including but not limited to the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13; (viii) Except as expressly provided herein, USER shall not use, disclose, sell, market, distribute or otherwise make available the Delivered Content during the term of this HCUA or at any time thereafter except as required by law or with COUNTY’s express written consent; (ix) USER shall not allow third-party access to Delivered Content; (x) USER shall not create derivative works, including but not limited to any new work for USER, COUNTY, or any other party, that incorporates, embeds, or includes all or part of any Delivered Content, without COUNTY’s express written consent; and (xi) USER shall not remove, delete, alter or otherwise modify any copyright messages on or associated with the System or Delivered Content, including but not limited to copyright notices from COUNTY or Nearmap. 3. Disclaimers and Limitations of Liability. COUNTY, BY AND THROUGH NEARMAP, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON-INFRINGEMENT, NO 86 Contract No. A2412303 - 4 - WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Nearmap, may modify or change the System in a manner that may impact or restrict USER’s access. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Nearmap; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited to (i) delays, errors or omissions in the receipt of the Delivered Content, (ii) changes, adjustments, corrections or modifications of the Delivered Content and (iii) that COUNTY may make modifications, changes and/or adjustments to the Delivered Content at any time and without notice to USER. At the point of initial contact with any Delivered Content provided to the public, USER shall include the disclaimer set forth in the preceding three paragraphs, in the same or substantially similar format with necessary adjustments for accuracy and applicability, including but not limited to defining “Delivered Content”. IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. COUNTY’S SOLE LIABILITY AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS HCUA OR FOR ANY BREACH OF THIS HCUA, INCLUDING BUT NOT LIMITED TO LIABILITY FOR SYSTEM OR DELIVERED CONTENT NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO 87 Contract No. A2412303 - 5 - RESTORING OR CORRECTING THE SYSTEM OR DELIVERED CONTENT TO THE EXTENT AND DEGREE COUNTY IS CAPABLE OF PERFORMING THE SAME AND AS IS REASONABLY POSSIBLE UNDER THE PERTINENT CIRCUMSTANCES. 4. Royalty Free License. The License is royalty free. COUNTY is not providing any implementation, maintenance, support or other services hereunder and, as such, USER shall not pay COUNTY any amount for services pursuant to this HCUA. 5. Compliance with Applicable Law and Data. USER and COUNTY shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. Subject to the provisions set forth in Section 2 above, the parties, their officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. USER shall promptly notify COUNTY if USER becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. 6. Termination. If COUNTY reasonably believes that USER is not complying with any terms of this HCUA, including but not limited to the license or related limitations, COUNTY may immediately terminate this HCUA and thereby terminate the License and USER’s access to and use of the System and Delivered Content. Either party may terminate this HCUA without cause at any time by upon thirty (30) day written notice to the other party. Notwithstanding the term set forth herein, the parties expressly agree that COUNTY may (i) terminate the license granted herein for Nearmap Delivered Content; or (ii) terminate this HCUA upon the expiration or termination, for any reason, the Nearmap Agreement. 7. Liability. 88 Contract No. A2412303 - 6 - USER agrees to defend, indemnify, and hold harmless the COUNTY, their officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from USER’s use of or access to the System or Delivered Content, from USER’s failure to comply with the terms of this HCUA or from failure to perform any duties and obligations required by applicable law and/or this HCUA. As applicable, a party’s liability shall be governed by the provisions of applicable law including but not limited to the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any party. This paragraph shall not be construed to bar legal remedies one party may have for the other party’s failure to fulfill its obligations under this HCUA. Nothing in this HCUA constitutes a waiver by the USER or COUNTY of any statutory or common law defenses, immunities, or limits on liability. 8. Miscellaneous Provisions. The Hennepin County Geographic Information Systems Manager, or his/her designee, shall manage this HCUA on behalf of the COUNTY and perform the other duties expressly set forth herein. Except as directed by COUNTY, USER shall not use the term “Hennepin County”, or any derivative thereof in USER’s advertising, external facing communication and/or marketing, including but not limited to advertisements of any type or form, promotional ads/literature, client lists and/or any other form of outreach, without the written approval of the Hennepin County Public Affairs/Communications Department, or their designees. USER and COUNTY intend that this HCUA will not benefit or create any right or cause of action in or on behalf of any person or entity other than the parties. The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this HCUA and the legal relations between the parties and their performance. The remainder of this page is blank. 89 Contract No. A2412303 - 7 - COUNTY AUTHORIZATION COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney's Office By: Hennepin County Administrator Date: USER warrants that the person who executed this Agreement is authorized to do so on behalf of USER as required by applicable articles, bylaws, resolutions or ordinances.* USER CITY OF GOLDEN VALLEY: By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager *USER shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory’s delegation of authority. This documentation shall be submitted at the time USER returns the Agreement to COUNTY. Documentation is not required for a sole proprietorship. 90 Contract No. A2110748 - 1 - HENNEPIN COUNTY USER AGREEMENT and City of Golden Valley WITNESSETH: WHEREAS, COUNTY and Nearmap US, Inc. (Nearmap ) executed AGREEMENT, Contract No. PR00002983, as amended, for the licensing of oblique images and Nearmap WHEREAS, Nearmap stem, except the Footprint module, (collectively isplays and allows access to a collection of ortho images, oblique images, metadata, data layers, and other geographic or structural visualizations or embodiments (collectively Conte WHEREAS, by the terms of the Nearmap Agreement, Nearmap granted COUNTY the right to allow duly authorized political units or political subdivisions located totally or substantially within the boundaries of Hennepin County, including cities or townships, to access the System and Nearmap Delivered Content. NOW, THEREFORE, in consideration of the mutual undertakings and agreements set forth herein, COUNTY and USER agree as follows: 1. Term. This Agreement shall commence upon March 12, 2021 and shall continue for one (1) year unless terminated earlier in accordance with the provisions of this Agreement. Subject to the provisions herein and unless COUNTY otherwise notifies USER within thirty (30) days prior to the expiration of a term of this Agreement, this Agreement shall then automatically renew for another two (2) year term. However, in no event shall this Agreement continue beyond March 11, 2024. 2. Licenses. Subject to the provisions herein, COUNTY grants USER a limited, revocable, non-exclusive, royalty-free license to access and use the System and Delivered Content exclusively for the performance o responsibilities in the 91 Contract No. A2110748 - 2 - ordinary course of government business. The rights granted in this paragraph For clarification and not limitation, the License permits es and contracted personnel in the ordinary course of USER s business (said employees or contracted personnel may be referred to as out shall include and apply to Eligible Personnel). However, subject to the foregoing, upon a third-party (e.g., public) request to USER for the right to inspect, copy or otherwise access Delivered Content pursuant to the MGDPA (as defined herein), USER shall 1) direct the request to the COUNTY Contract Administrator (identified herein); 2) explain to the requesting party that the request has been directed to the COUNTY and communicate appropriate COUNTY contact information; and 3) perform any other reasonable tasks necessary to expedite fulfillment of the request. USER is solely responsible for implementing the technology necessary to access the System, to retrieve Delivered Content and to use, control and safeguard the Delivered Content pursuant to the obligations set forth herein. Except as expressly set forth herein, USER shall acquire no right, title or interest in or to the System or Delivered Content. USER shall strictly comply with the following: (i) USER shall access the System and access, use, control and safeguard Delivered Content in compliance with the terms of this HCUA; (ii) USER shall only access the System and Delivered content by and through a computer workstation or server (i) that is owned or leased by USER; (ii) that is under the exclusive control of USER; and (iii) that is exclusively available for use ; (iii) USER shall not share or distribute System authentication information, Authentication with any unauthorized third-party; (iv) USER shall secure and safeguard the System, Authentication and Delivered Content i that USER secures and safeguards its own critical or confidential systems, software, data, passwords or other information. If there is a 92 Contract No. A2110748 - 3 - prevail; (v) USER shall not access the Delivered Content by any means other than the System including but not limited to scraping, robots, wanderers, crawlers, spiders, etc (as those terms are commonly used and understood in the information technology industry); (vi) USER shall be solely responsible for accessing, using and otherwise supporting the System including but not limited to paying all costs, expenses and communication charges associated with the same; (vii) USER shall use, control and safeguard the Delivered Content in compliance with the terms of this HCUA and with applicable law including but not limited to the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13; (viii) Except as expressly provided herein, USER shall not use, disclose, sell, market, distribute or otherwise make available the Delivered Content during the term of this HCUA or at any time thereafter except as required by la written consent; (ix) USER shall not allow third-party access to Delivered Content; (x) USER shall not create derivative works, including but not limited to any new work for USER, COUNTY, or any other party, that incorporates, embeds, or includes all or part of any Delivered Content, without COUNTY s express written consent; and (xi) USER shall not remove, delete, alter or otherwise modify any copyright messages on or associated with the System or Delivered Content, including but not limited to copyright notices from COUNTY or Nearmap. 3. Disclaimers and Limitations of Liability. COUNTY, BY AND THROUGH NEARMAP, IS PROVIDING THE SYSTEM AND DELIVERED CONTENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON-INFRINGEMENT, NO 93 Contract No. A2110748 - 4 - WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE PERFORMANCE OF THE SYSTEM OR RELATED AND NECESSARY COMMUNICATIONS OR CONNECTIONS TO THE SYSTEM, THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM IS FREE OF HARMFUL CODE. USER fully understands and agrees that (i) the System is subject to errors, omissions, delays or interruptions; and (ii) COUNTY, by and through Nearmap, may modify or change the System in a manner that may impact or restrict USER cess. In any such event, the COUNTY will not be liable for the cost of such changes, damages or other liability which may be sustained by USER. WITHOUT LIMITING THE FOREGOING, COUNTY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE DELIVERED CONTENT NOR DOES COUNTY WARRANT THAT DEFECTS IN THE SAME WILL BE CORRECTED. USER fully understands and agrees that (i) the Delivered Content is provided by third-parties, including but not limited to Nearmap; and (ii) COUNTY does not directly control and is not responsible for the Delivered Content. USER fully understands and agrees that the Delivered Content is subject to errors, omissions, delay or interruptions, including but not limited to (i) delays, errors or omissions in the receipt of the Delivered Content, (ii) changes, adjustments, corrections or modifications of the Delivered Content and (iii) that COUNTY may make modifications, changes and/or adjustments to the Delivered Content at any time and without notice to USER. At the point of initial contact with any Delivered Content provided to the public, USER shall include the disclaimer set forth in the preceding three paragraphs, in the same or substantially similar format with necessary adjustments for accuracy and applicability, including but not limited to defining IN NO EVENT SHALL COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGES EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. USER SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RELATED TO THIS HCUA OR FOR ANY BREACH OF THIS HCUA, INCLUDING BUT NOT LIMITED TO LIABILITY FOR SYSTEM OR DELIVERED CONTENT NONPERFORMANCE, ERRORS OR OMISSIONS, SHALL BE LIMITED TO 94 Contract No. A2110748 - 5 - RESTORING OR CORRECTING THE SYSTEM OR DELIVERED CONTENT TO THE EXTENT AND DEGREE COUNTY IS CAPABLE OF PERFORMING THE SAME AND AS IS REASONABLY POSSIBLE UNDER THE PERTINENT CIRCUMSTANCES. 4. Royalty Free License. The License is royalty free. COUNTY is not providing any implementation, maintenance, support or other services hereunder and, as such, USER shall not pay COUNTY any amount for services pursuant to this HCUA. 5. Compliance with Applicable Law and Data. USER and COUNTY shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. Subject to the provisions set forth in Section 2 above, the parties, their officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. USER shall promptly notify COUNTY if USER becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. 6. Termination. If COUNTY reasonably believes that USER is not complying with any terms of this HCUA, including but not limited to the license or related limitations, COUNTY may immediately terminate this HCUA and thereby terminate the License and U ccess to and use of the System and Delivered Content. Either party may terminate this HCUA without cause at any time by upon thirty (30) day written notice to the other party. Notwithstanding the term set forth herein, the parties expressly agree that COUNTY may (i) terminate the license granted herein for Nearmap Delivered Content; or (ii) terminate this HCUA upon the expiration or termination, for any reason, the Nearmap Agreement. 7. Liability. 95 Contract No. A2110748 - 6 - USER agrees to defend, indemnify, and hold harmless the COUNTY, their officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including use of or failure to comply with the terms of this HCUA or from failure to perform any duties and obligations required by applicable law and/or this HCUA. be governed by the provisions of applicable law including but not limited to the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any party. This paragraph shall not be construed to bar legal remedies one party may have for the ot HCUA. Nothing in this HCUA constitutes a waiver by the USER or COUNTY of any statutory or common law defenses, immunities, or limits on liability. 8. Miscellaneous Provisions. The Hennepin County Geographic Information Systems Manager, or his/her designee, shall manage this HCUA on behalf of the COUNTY and perform the other duties expressly set forth herein. Except as directed by COUNTY, USER any derivative thereof in USER communication and/or marketing, including but not limited to advertisements of any type or form, promotional ads/literature, client lists and/or any other form of outreach, without the written approval of the Hennepin County Public Affairs/Communications Department, or their designees. USER and COUNTY intend that this HCUA will not benefit or create any right or cause of action in or on behalf of any person or entity other than the parties. The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this HCUA and the legal relations between the parties and their performance. The remainder of this page is blank. 96 Contract No. A2110748 - 7 - COUNTY AUTHORIZATION COUNTY OF HENNEPIN Reviewed by the County STATE OF MINNESOTA Attorney's Office By: Hennepin County Administrator Date: USER warrants that the person who executed this Agreement is authorized to do so on behalf of USER as required by applicable articles, bylaws, resolutions or ordinances.* USER By: _______________________________ Printed Name: ______________________ Printed Title: _______________________ Date: *USER shall submit applicable documentation (articles, bylaws, resolutions or s delegation of authority. This documentation shall be submitted at the time USER returns the Agreement to COUNTY. Documentation is not required for a sole proprietorship. 97 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3D.7. Adopt Resolution No. 24-044 Entering Host Site Agreement with MPCA for 2024-2025 MN GreenCorps Term Prepared By Ethan Kehrberg, Sustainability Specialist Summary Minnesota GreenCorps is an AmeriCorps program that began in 2009. The goal of Minnesota GreenCorps is to preserve and protect Minnesota's environment while training a new generation of environmental professionals. The program places members with host sites around the state to assist communities and local governments in addressing a variety of statewide needs. For the 2024-2025 program year, the Minnesota Pollution Control Agency (MPCA) anticipates placing and supporting approximately 58 full-time GreenCorps members throughout Minnesota. More information is available at: https://www.pca.state.mn.us/business-with-us/minnesota-greencorps The City has been successful applying for Minnesota GreenCorps, and has had a GreenCorps member working at City for the last five years. As a host site, the City is required to provide in-kind support in the form of staff supervision, office materials, mileage reimbursement or use of a City vehicle, safety gear if needed, as well as training. GreenCorps members have worked on the City's recycling and organics program, energy efficiency, and emissions reduction, and other various sustainable initiatives in the community. In addition the GreenCorps member also works with the City's Sustainability Specialist and Housing and Economic Development Manager related to the Safer Tenants and Renters (STAR) Program to engage multi-family developments in various energy efficiency and recycling opportunities to make their developments more sustainable. Financial or Budget Considerations The City is required to provide a training budget of at least $300 for the member. Funding is available in 7303 Environmental Control budget. Legal Considerations The City Attorney has reviewed and approved the agreement. Equity Considerations Hosting a Minnesota GreenCorps member will help the City advance its equity goals, especially the pillar of inclusive and effective community engagement. The GreenCorps member will help to identify and distribute energy saving measures to residents experiencing energy cost burden, increase recycling 98 and composting opportunities for residents in multi-family properties, and help expand tree canopy and green infrastructure within environmental justice priority areas. Recommended Action Motion to adopt Resolution No. 24-044 Entering into Host Site Agreement with Minnesota Pollution Control Agency for 2024-2025 Minnesota GreenCorps Member service term. Supporting Documents Resolution No. 24-044 - Entering into Agreement with MPCA for GreenCorps Host Site Agreement - MPCA GreenCorps Host Site 99 RESOLUTION NO. 24-044 RESOLUTION SUPPORTING ENTERING INTO AN AGREEMENT WITH THE MINNESOTA POLLUTION CONTROL AGENCY TO BE A MINNESOTA GREENCORPS HOST SITE WHEREAS, on February 20, 2024 the City of Golden Valley approved Resolution No. 24-014 supporting submittal of an application to the Minnesota Pollution Control Agency (MPCA) applying for the placement of one Minnesota Pollution Control Agency GreenCorps member at City Hall for the next program year (September 2024-August 2025); and WHEREAS, the selected candidate would work with staff and the Environmental Commission to implement the City’s Energy Action Plan, GreenStep Cities program, and engaging multifamily units in reducing energy cost burden; and WHEREAS, the selected candidate would focus on assisting the City with its waste reduction and recycling goals, objectives, and implementation actions; and WHEREAS, staff has reviewed all terms and conditions of this funding opportunity and finds them to be satisfactory; and WHEREAS, the MPCA requires that the City of Golden Valley enter into a host site agreement with the MPCA that identifies the terms, conditions, roles, and responsibilities. NOW THEREFORE BE IT RESOLVED the City of Golden Valley hereby agrees to enter into a host site agreement with the MPCA to carry out the member activities specified therein and to comply with all of the terms, conditions, and matching provisions of the host site agreement and authorizes and directs the Mayor and City Manager to sign the agreement on its behalf for the placement of one GreenCorps member at City Hall from September 2024 to August 2025. Adopted by the City Council of Golden Valley, Minnesota this 16th day of July 2024. ___________________________ Roslyn Harmon, Mayor ATTEST: __________________________ Theresa Schyma, City Clerk 100 1 Minnesota GreenCorps Host Site Agreement Program Year 2024-2025 SWIFT #: 250533 I. Purpose This Agreement is between the State of Minnesota, acting through its Commissioner of the Minnesota Pollution Control Agency (MPCA), 520 Lafayette Road North, St Paul, MN 55155, using the Minnesota GreenCorps program, herein after referred to as “State” or “MPCA,” and City of Golden Valley, 7800 Golden Valley Rd, Golden Valley, MN 55427 herein after referred to as the “host site.” The Agreement delineates the terms, conditions, and rules of participation in the Minnesota GreenCorps program for the 2024-2025 program year. II. Term of agreement Effective date: September 16, 2024, or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. Expiration date: August 12, 2025, or until all obligations have been satisfactorily fulfilled, whichever occurs first. III. Authorized representatives The MPCA’s Authorized Representative is, Candice McElroy, Minnesota GreenCorps Program Coordinator, 520 Lafayette Road North, St Paul, MN 55155, 651-757-2610, candice.mcelroy@state.mn.us, or her successor. The host site’s Authorized Representative is, Roslyn Harmon, Mayor, 7800 Golden Valley Rd, Golden Valley, MN 55427, 763-593-8001, rharmon@goldenvalleymn.gov, or their successor. If the host site’s Authorized Representative changes at any time during this Agreement, the host site must immediately notify the MPCA. The host site supervisor is, Ethan Kehrberg, Sustainability Specialist, 7800 Golden Valley Rd , Golden Valley, MN 55427, 651-271-8043, ekehrberg@goldenvalleymn.gov, or successor. If the supervisor(s) changes at any time during this Agreement, the host site must immediately notify the MPCA. IV. Member position description The host site will provide direction, supervision, training, and resources for the Community Readiness & Outreach Minnesota GreenCorps member(s), performing activities per the below position description. The MPCA is responsible for candidate selection, ensuring that selected members meet the eligibility requirements and qualifications outlined below. While Minnesota GreenCorps members will be selected for placement based on their qualifications and commitment to service, members may not bring highly specialized skills to their position; host sites will need to invest time and resources in training. Service position summary: Strengthen host site capacity and community resilience to impacts of climate change by advancing sustainable practices, improving infrastructure, and increasing knowledge of residents and community -based organizations. Provide outreach, education, and assistance to raise understanding and increase the use of best practices on energy conservation and green transportation, stormwater and forestry, and waste reduction and recycling. Work with local government(s), tribal nations, school districts, nonprofit and community-based organizations, and other partners to adopt and implement sustainability best practices. Essential functions: Provide community-based outreach, education, and assistance to individuals and community organizations through campaigns, presentations, events, trainings, workshops, social media, and other related activities. Outreach and assistance will focus on one or more of the topics listed below: Energy conservation and green transportation: • Promote energy conservation best practices that reduce energy usage at home, work, and school. • Encourage reduction of vehicle miles traveled and improved air quality thro ugh complete streets planning, education and practices, safe routes to school initiatives, and education on multi -modal transportation, mobility options, and active living. • Promote opportunities for adopting and expanding electric vehicle usage and chargi ng infrastructure within communities. Doc Type: Agreement Docusign Envelope ID: 62C8E147-545A-44D0-9127-A911A2DD4CC6 101 2 • Promote emission reductions to community members through educational campaigns targeting practices and behaviors that alleviate air pollution (i.e., air alert education, car-sharing, public transit, biking,), and those that contribute to air pollution (i.e., gas-powered lawn equipment, backyard fires, vehicle idling, single -occupancy vehicles, and low- efficiency wood-burning boilers/stoves/fireplaces). Stormwater and forestry: • Conduct outreach to increase awareness of stormwater and community forestry best practices that prevent or reduce water pollution and improve public lands. • Conduct and engage community members in community stormwater and forestry initiatives such as rain garden installation, tree planting, and invasive species removal volunteer events. • Provide outreach to communities on the harmful effects of chloride (i.e., road salt and water softener discharge), promote best management practices that reduce chloride application and discharge, and help host or ganizations in offering Smart Salting trainings in their communities. Waste reduction and recycling: • Promote resources to strengthen community resilience through waste prevention, recycling, composting/organics management, and food waste prevention. • Provide community outreach and education on local food production, food waste prevention, increasing the c apture and distribution of reusable materials, preventing waste, and recycling. • Support recycling efforts by providing on-site assessments, gathering baseline data, and conducting initial waste sorts, supporting recycling system setup, delivering resident education, and conducting post implementation data collection to track project effectiveness. Community sustainability: • Provide support to sustainability-related education activities. This could include the development and implementation of environmental events, fairs, or workshops to educate individuals. • Support outreach activities, including dissemination of messages via website and social networking. • Create, update, and distribute educational materials, helping ensure that educational materials are relevant, informative, and accurate. • Conduct surveys to collect pre/post information from participants in trainings, events, workshops, etc., on knowledge gained and/or behavior change to more sustainable environmental practices. • Mobilize volunteers to assist in the implementation of activities. Marginal functions (max 340 hours): Assist with additional sustainability-related projects as outlined in the energy conservation and green transportation, stormwater and forestry, and waste reduction and recycling position descriptions. Qualifications Minimum qualifications • Must be a minimum of 18 years or older. • Must be a U.S. Citizen, U.S. National, or a lawful permanent resident of the U.S. • Must be eligible to serve an AmeriCorps service term and make the commitment to complete the 11-month (1700 hour) service term. • Must have two years post-secondary education (a two-year associate degree or completion of sophomore year in a four-year degree program) or equivalent of 6 months professional experience (volunteer, internship, or work). • Must have a demonstrated interest in the environment and service and community work. • Must have a valid driver’s license and consent to and pass a driving record check (if the position requires driving). • Must consent to and pass an AmeriCorps required criminal history check, including an FBI fingerprint check. Preferred qualifications • Ability to build and maintain relationships. • Ability to work well independently and on diverse teams. • Ability to take initiative and effectively manage projects. • Ability to research and organize information. • Effective communication, presentation, and writing skills. • Functional computer skills: word processing, spreadsheet, database m anagement. Physical requirements • Most positions are primarily based in an office setting and require sitting, standing, and operating a computer and telephone. Docusign Envelope ID: 62C8E147-545A-44D0-9127-A911A2DD4CC6 102 3 • Most positions require light to moderate lifting, bending, stooping, pulling, kneeling, and/or carrying. • Some (limited) positions require the use of hand tools and/or power tools (e.g., chainsaws). Personal protective equipment and safety training will be provided. • Some (limited) positions require the ability to work outdoors in adverse weather conditions, such as wind, rain, and high or low temperatures on uneven terrain for up to 8 hours at a time. V. Responsibilities of the MPCA The MPCA, acting through Minnesota GreenCorps program staff, supporting staff, and management, is responsible for providing oversight to the Minnesota GreenCorps program on a statewide level, including member management, site management, and compliance with all AmeriCorps rules and regulations. A. Member selection 1. Interview and selection: The MPCA will accept and screen all applications for member positions. The M PCA reviews applications, selects candidates for interviews, and makes offers. The MPCA has the responsibility and authority to make the final selection decisions. 2. Criminal history checks: Per AmeriCorps requirements, the MPCA will conduct a criminal history check on selected member applicants. This includes a national sex offender database search, and a state and FBI fingerprint-based check. Member participation in the Minnesota GreenCorps program is contingent upon passing these criminal history checks. Some positions also require passing a driving record check, administered by the MPCA. The host site is responsible for conducting any additional checks that the host site may require. B. Member management 1. Program requirements: Minnesota GreenCorps program staff will track and monitor each member’s progress in completing program requirements. This includes monitoring members’ service hours to ensure the member will complete the minimum hour requirement by the end of the program term. 2. Oversight: While the host site will provide day-to-day supervision, Minnesota GreenCorps program staff will communicate regularly with the member to provide guidance and support and ensure continued project alignment with the position description and goals of the Minnesota GreenCorps program and the MPCA. 3. Site visits: The MPCA will schedule and conduct a minimum of one site visit during the year. The site visit is an opportunity to review progress in relation to the expectations laid out in the Member Service Agreement, monitor the service plan, and provide support. 4. Benefits: The MPCA is responsible for administering and overseeing member benefits including living allowance, health insurance, and workers’ compensation. Program staff will assist qualifying members in receiving federal student loan forbearance, childcare assistance, and the AmeriCorps education award. 5. Training: The MPCA is responsible for coordinating the logistics and scheduling of member required orientation and quarterly trainings. The MPCA will reimburse qualified travel expenses for members to attend required trainings. 6. Mentorship: The MPCA will work with host sites to provide each Minnesota GreenCorps member with a mentor that will provide technical assistance and support to the member throughout the program year. 7. Performance management: The MPCA will work closely with the host site supervisor regarding setting expectations and, if necessary, administering discipline for performance -related issues, including but not limited to lateness, difficulty meeting deadlines, failure to complete service position duties, etc. 8. Grievance procedures: The MPCA will ensure that service concerns are resolved appropriately, following the grievance procedures outlined in the Member Service Agreement. 9. Release from service: Only the MPCA’s designated staff has the authority to suspend (and reinstate) and/or release a member for disciplinary or compelling personal circumstances. Host site supervisors must actively work with the MPCA to address performance issues before release from service is considered. 10. Reasonable accommodation: Members with mental or physical disabilities have the right to request reasonable accommodations through their host site. The host site should work closely with the Minnes ota GreenCorps program Coordinator and the MPCA’s Human Resource Office to support and respond to such requests. 11. Site partnership termination: In the event that a host site environment becomes unsuitable for a member to continue their service work, the MPCA reserves the right to terminate the site partnership. 12. Personnel file: The MPCA will maintain a personnel file for each member. C. Host site selection 1. Interviewing and selection: The MPCA will accept and screen all applications for host site positions. The MPCA reviews applications and selects organizations for interviews. The MPCA makes the final selection decisions , which may be contingent on service plan modifications. 2. Criminal history checks: Per AmeriCorps requirements, the MPCA will conduct a criminal history check on all host site supervisors. This includes a national sex offender database search, and a state and FBI fingerprint-based check. Host site participation in the Minnesota GreenCorps program is contingent upon passing these criminal history checks. Docusign Envelope ID: 62C8E147-545A-44D0-9127-A911A2DD4CC6 103 4 D. Host site management 1. Program requirements: Minnesota GreenCorps program staff track and monitor each site’s progress. This includes monitoring members’ service hours and activity alignment with the pre-scoped position description. 2. Oversight: Program staff will communicate regularly with the host site supervisor to ensure the tasks and activities of the member project align with the position description and goals of the Minnesota Gr eenCorps program and the MPCA. 3. Site visits: Minnesota GreenCorps program staff will schedule and conduct at least one site visit with each host site. The site visit is an opportunity to review progress in relation to the expectations laid out in the Host Site Agreement, monitor the service plan, and provide support. 4. Monitor and approve in-kind: Minnesota GreenCorps program staff will monitor in-kind reports submitted by the host site supervisor and approve in-kind reports once proper documentation is received. VI. Responsibilities of the host site The host site, acting primarily through the host site supervisor, is responsible for the following: A. Member management 1. Supervisor training: Supervisors are required to participate in site supervisor orientation at the start of the program year to learn roles and responsibilities. If a host site supervisor is unable to attend the supervisor training, they must send another representative from the host site to receive proper training. Supervisors are expected to attend and actively participate in webinars, topic area calls, site visits, and check-ins. 2. Supervision: Provide day-to-day professional supervision of the Minnesota GreenCorps member(s), equating to an average of four hours per week, per member. Set a daily schedule with the Minnesota GreenCorps member to ensure a full-time member is serving approximately 40 hours/week and hold the member accountable to this set schedule. Supervisors must work from the office at least two days a week; those days should be days that the member is serving in person. 3. Communication: Maintain open lines of communication with the Minnesota GreenCorps member, Minnesota GreenCorps program staff, and MPCA professional staff in relation to the member’s role and performance. 4. Member terminology: Minnesota GreenCorps members are not “employees,” “interns,” or “volunteers” of the site. 5. Member training: Provide site orientation including a building tour, introductions to internal and external partners, explanation of site policies, rules of conduct, site expectations, safety procedures, etc. Invite the Minnesota GreenCorps member to participate in relevant on-site training and/or staff meetings. Help the member identify training opportunities relevant to their project and/or their career development. Minnesota GreenCorps host sites must contribute $300 for member professional development (trainings, conference registration, networking events, or other opportunities). The professional development contribution is required as in-kind match; host sites must retain receipts as documentation. 6. Time tracking and reporting: Verify the member’s service hours by approving their timesheet online once every two weeks in the time tracking system. Member timesheets must be approved by supervisors on time for the member to receive his or her living allowance. At the same frequency, submit in-kind supervisor time through the tracking system. Review and approve the member’s progress reports and a final report that includes lessons learned and project measures for success. 7. Performance management: Complete a mid-year and end-of-year member performance evaluation. Ensure that members comply with the terms of the Member Service Agreement. Host sites must be involved with resolving problems and may be involved in the grievance procedures. The host site supervisor must work closely with Minnesota GreenCorps program staff on disciplinary action. A site may not decide to terminate a member; only designated MPCA staff have the authority to suspend or release a Minnesota GreenCorps member from service for disciplinary reasons. 8. Grievance procedures: Discuss challenges with members, engage in informal problem solving, and (if required) support the Grievance Procedures included in the Member Service Agreement. B. Service site 1. Work environment: Maintain a work environment that is welcoming, respectful, free of harassment and discrimination, and safe. 2. Workspace: Provide a reasonable workspace at the host site for members to complete project tasks. This includes a desk, phone, computer, access to office supplies, access to a printer, copy machine, and internet, and materials needed for member projects. The host site is required to provide the members with a host site e-mail address. 3. Teleservice: If teleservice is allowable within the perimeters of the Teleservice Policy, provide members with necessary equipment to operate from a remote location. The member and supervisor must complete a Teleservice Authorization form for approval. It is the supervisor’s responsibility to monitor both the member’s plans, progress, and outputs while they are serving off-site. 4. Travel: If traveling is required for the member service activities, the host site must provide transportation for the member, e.g., access to fleet vehicles (preferred), mileage reimbursement, bus fare reimbursement, etc. 5. Safety: Provide appropriate safety training including employee right-to-know and emergency procedures and provide personal protective equipment. Docusign Envelope ID: 62C8E147-545A-44D0-9127-A911A2DD4CC6 104 5 6. Reasonable accommodation: Members with mental or physical disabilities have the right to request reasonable accommodations through their host site. The host site should work closely with the Minnesota GreenCorps program Coordinator and the MPCA’s Human Resource Office to support and respond to such requests. 7. Insurance: If the member is using vehicles belonging to the host site organization to conduct business on behalf of the Minnesota GreenCorps program, then the host sites’ vehicle insurance is primary. The host site organization directing the member activity is responsible for liability coverage, not the MPCA. Minnesota GreenCorps does not provide indemnification. VII. Prohibited service activities While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or AmeriCorps, members may not engage in prohibited service activities per CFR § 2520.65. AmeriCorps members may not engage in the below activities directly or indirectly by recruiting, training, or managing others for the primary purposes of engaging in one of the activities listed. Individuals may exercise their rights as private citizens and may participate in the activities listed on their initiative, on non-AmeriCorps time, and using non-AmeriCorps funds. Individuals should not wear the AmeriCorps logo while doing so. A. Attempting to influence legislation. B. Organizing or engaging in protests, petitions, boycotts, or strikes. C. Assisting, promoting, or deterring union organizing. D. Impairing existing Agreements for services or collective bargaining agreements. E. Engaging in partisan political activities or other activities designed to influence the outcome of an election to any public office. F. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, platforms, political candidates, proposed legislation, or elected officials. G. Engaging in religious instruction; conducting worship services; providing instruction as part of a program that includes mandatory religious instruction or worship; constructing or operating facilities devoted to religious instruction or worship; maintaining facilities primarily or inherently devoted to religious instruction or worship; or engaging in any form of religious proselytization. H. Providing a direct benefit to: (1) a business organized for profit, (2) a labor union, (3) a partisan political organization, (4) a non-profit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in these provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative, and (5) an organization engaged in the religious activities, unless AmeriCorps assistance is not used to support those activities. I. Conducting a voter registration drive or using AmeriCorps funds to conduct a voter registration drive. J. Providing abortion services or referrals for receipt of such services. K. Census activities. AmeriCorps members and volunteers associated with AmeriCorps grants may not engage in census activities during service hours. Being a census taker during service hours is categorically prohibited. Census -related activities (e.g., promotion of the Census, education about the importance of the Census) do not align with AmeriCorps State and National objectives. What members and volunteers do on their own time is up to them, consistent with program policies about outside employment and activities. L. Election and polling activities. AmeriCorps member may not provide services for election or polling locations or in support of such activities. M. Such other activities as AmeriCorps may prohibit. Fundraising restrictions A. AmeriCorps members may raise resources directly in support of program service activities. B. Examples of fundraising activities AmeriCorps members may perform include, but are not limited to, the following: 1. Seeking donations of books from companies and individuals for a program in which volunteers teach children to read. 2. Writing a grant proposal to a foundation to secure resources to support the training of volunteers. 3. Securing supplies and equipment from the community to enable volunteers to help build houses for low-income individuals. 4. Securing financial resources from the community to assist in launching or expanding a program that provides social services to the members of the community and is delivered, in whole or in part, through the members of a community- based organization. 5. Seeking donations from alumni of the program for specific service projects being performed by current members. Docusign Envelope ID: 62C8E147-545A-44D0-9127-A911A2DD4CC6 105 6 C. AmeriCorps members may not: 1. Raise funds for living allowances or for an organization’s general (as opposed to project) operating expenses or endowment. 2. Write a grant application to AmeriCorps or to any other federal agency. D. An AmeriCorps member may spend no more than 10% of their originally agreed-upon term of service, as reflected in the member enrollment in the National Service Trust, performing fundraising activities, per CFR § 2520.40. Nonduplication/nondisplacement A. Nonduplication: AmeriCorps assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of the nondisplacement clause (below) are met, AmeriCorps assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides, per CFR § 2540.100. B. Nondisplacement: 1. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving AmeriCorps assistance. 2. An organization may not displace a volunteer by using a participant in a program receiving AmeriCorps assistance. 3. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. 4. A participant in a program receiving AmeriCorps assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee. 5. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that: i. Will supplant the hiring of employed workers. ii. Are services, duties, or activities with respect to which an individual has recall right pursuant to a collective bargaining agreement or applicable personnel procedures. 6. A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any: i. Presently employed worker. ii. Employee who recently resigned or was discharged. iii. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. iv. Employee who is on leave (terminal, temporary, vacation, emergency, or sick). v. Employee who is on strike or who is being locked out. VIII. Harassment and non-discrimination policy The MPCA and the Minnesota GreenCorps program do not discriminate with regard to race, color, creed, religion, national origin, sex, marital status, familial status, status with regard to public assistance, membership or activity in a local human rights commission, disability, age, sexual orientation, gender identity, gender expression, and genetic information. Harassment based on the protected class status listed in the paragraph above is also prohibited, including both overt acts of harassment and those acts that create a negative work environment. Discriminatory harassment is any behavior based on protected class status that is unwelcome and personally offensive and, thereby, may affect morale and interfere with the member’s ability to perform. For example, harassment based on national origin has been defined by the U.S. Equal Employment Opportunity Commission as “Ethnic s lurs and other verbal or physical conduct relating to an individual's national origin.” Sexual harassment has also been specifically defined by the Minnesota Human Rights Act, which states in regard to employment, that: “Sexual harassment” includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when: (1) submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment; (2) submission to or rejection of that conduct or communication by an individual is used as a factor in decision affecting that individual's employment; or (3) that conduct or communication has the purpose or effect of substantially interfering with an individual's employment, and in the case of employment, the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action. Discriminatory harassment may occur: 1) among peers or coworkers, 2) between managers and subordinates, or 3) between members and the public. Docusign Envelope ID: 62C8E147-545A-44D0-9127-A911A2DD4CC6 106 7 A. AmeriCorps program civil rights policy AmeriCorps (the Corporation for National and Community Service adopted the operating name "AmeriCorps" as of September 29, 2020) has zero tolerance for unlawful harassment of any individual or group of individuals engaged in national service. AmeriCorps is committed to treating all persons with dignity and respect. Our agency prohibits all forms of discrimination and harassment based on race, color, national origin, gender, age (40 and over), religion, sexual orientation, disability (mental or physical), gender identity or expression, political affiliation, marital or parental status, pregnancy, reprisal, genetic information (including family medical history), or military service. All programs administered by or receiv ing federal financial assistance from AmeriCorps must be free from all forms of discrimination and harassment. Harassment may include slurs and other verbal or physical conduct relating to an individual’s gender, race, ethnicity, religion, sexual orientation, or any other legally-protected status when such behavior has the purpose or effect of interfering with service performance or creating an intimidating, hostile, or offensive service environment. Examples of harassing conduct include but are not limited to: explicit or implicit demands for sexual favors; pressure to engage in a romantic relationship or for dates; deliberate touching of another person without consent, leaning over, or cornering a person; repeated offensive teasing, jokes, remarks, or questions; unwanted letters, emails, or phone calls; distribution or display of offensive materials; offensive looks or gestures; gender, racial, ethnic, or religious baiting; physical assaults or other threatening behavior; and demeaning, debasing, or abusive comments or actions that intimidate. AmeriCorps does not tolerate harassment from anyone, including any AmeriCorps employee or supervisor; a project or site employee or supervisor; a non-employee (e.g., client); a co-worker; a national service participant. Any discrimination or harassment, when identified, will result in immediate corrective action, up to and including, removal or termination of any individual engaging in such misconduct. All recipients receiving AmeriCorps financial or volunteer assistance, including individuals, organizatio ns, programs, and/or projects are subject to this zero-tolerance policy. Recipients must take immediate corrective action to investigate and rectify any complaints of any discrimination or harassment. Any AmeriCorps awardee permitting discrimination or har assment in violation of this policy will be subject to a finding of non-compliance, which may result in termination of federal financial assistance. Harassment based on upon race, color, national origin, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, pregnancy, reprisal, genetic information, or military service is unacceptable in AmeriCorps' offices or campuses, in other service-related settings such as training sessions or service sites, and at service-related social events. Supervisors and managers of AmeriCorps programs and projects, when made aware of alleged discrimination or harassment by employees, national service participants, or any other individuals, are expected to investigate and take prompt action to effectively address any discrimination or harassment. AmeriCorps prohibits any retaliatory action against a person who raises any discrimination or harassment concerns. If you believe you have been discriminated against in violation of any civil rights laws, regulations, or this policy, or have been subject to retaliation for opposing discrimination or participating in discrimination complaint proceedings (e.g., as a complainant or witness) in any AmeriCorps program or project, contact the AmeriCorps Equal Opportunity Program (EOP). The EOP may be reached at (202) 606-7503 or eo@cns.gov. The EOP manages national service participant civil rights and harassment concerns. You must contact the EOP within 45 calendar days of an occurrence of discrimination or harassing conduct. You are not required to use a program, project, or sponsor dispute resolution procedure before contacting the EOP. If you choose to pursue a nother dispute resolution procedure, it does not suspend the 45-day time limit requirement to contact the EOP. Discrimination and harassment claims brought to the attention of the EOP outside 45 calendar days of an occurrence may not be accepted for investigation in a formal complaint of discrimination. B. Complaint procedures Members have the right to report a concern or complaint about discrimination or discriminatory harassment to their host site supervisor, the MPCA’s Minnesota GreenCorps program staff, the MPCA Community and Business Assistance Development Manager, or to the MPCA Human Resources Department. In fulfilling the obligation to maintain a positive and productive work environment, host site supervisors, the MPCA’s Minnesota GreenCorps staff, and the MPCA Human Resources Department are expected to address or report any suspected discrimination or discriminatory harassment. The following is the contact information for the MPCA Human Resources Office: Human Resources Office Minnesota Pollution Control Agency 520 Lafayette Road North Saint Paul, MN 55155 651-757-2587 (voice) Kellie.McNamara@state.mn.us (email) Members also have a right to contact other local, state, and federal government agencies, including: Office of Equal Opportunity 1201 New York Avenue, NW #7101 Washington, D.C. 20525 202-606-5000 x312 (voice); 202-565-2799 (TTY) eo@cns.gov (email) Docusign Envelope ID: 62C8E147-545A-44D0-9127-A911A2DD4CC6 107 8 C. Retaliation It is unlawful to retaliate against any person who, or organization that, files a complaint about such discrimination. In add ition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints, members may bring a complaint to the attention of AmeriCorps. IX. In-kind contributions The MPCA does not charge a fee for participation in the Minnesota GreenCorps program. Per AmeriCorps regulations, host sites cannot provide financial contributions to the member; supplementing the member stipend or other costs of living is prohibited . However, host sites are expected to provide in-kind contributions in the form of supervision, operating costs (office space, internet, telephone), and professional development costs. The expected contribution for hosting one member is $4,800, broken down into the following categories: Category Estimated minimum contribution per member Supervision (at least 4 hours per week) $4,000 Professional development (trainings, conference registration, networking events, or other opportunities) $300 Operating costs (internet, phone, computer, other office equipment) $500 Host sites will be required to verify all in-kind contributions, including how expenses were calculated. In-kind contributions cannot be provided from a federal source of funds unless permission has been provided from the granting federal agency. Host site supervisors are required to report their in-kind supervision hours in the time tracking system. Host sites are expected to maintain any source documentation for seven years. X. Recital A. Under Minn. Stat. § 15.061 the State is empowered to engage such assistance as deemed necessary. B. The State is in need of agreeing upon rules of participation, roles, and responsibilities for host sites. C. The host site represents that it is duly qualified and agrees to perform all services described in this Contract to the satisfaction of the State. XI. Survival of terms The following clauses survive the expiration or cancellation of this Contract: Indemnification; State audits; Government data practices; Governing law, jurisdiction, and venue; and Data disclosure. A. Indemnification In the performance of this Contract by the host site, or host site’s agents or employees, the host site must indemnify, save, and hold harmless the State, its agents, and employees, from any claims or causes of action, including attorney’s fees incurred by the State, to the extent caused by host site’s: 1. Intentional, willful, or negligent acts or omissions. 2. Actions that give rise to strict liability. 3. Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the State’s sole negligence. This clause will not be construed to bar any legal remedies the host site may have for the State’s failure to fulfill its obligation under this Contract. B. State audits Under Minn. Stat. § 16C.05, subd. 5, the host site’s books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Contract. C. Government data practices Government data practices. The host site and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. ch. 13, (or, if the State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State under this Contract, and as it applies to all data created, collected, received, st ored, used, maintained, or disseminated by the host site under this Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat. ch. 13, by either the host site or the State. Docusign Envelope ID: 62C8E147-545A-44D0-9127-A911A2DD4CC6 108 9 If the host site receives a request to release the data referred to in this clause, the host site must immediately notify and consult with the State’s Authorized Representative as to how the host site should respond to the request. The host site’s response to the request shall comply with applicable law. D. Governing law, jurisdiction, and venue Minnesota law, without regard to its choice-of-law provisions, governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state or federal court with competent ju risdiction in Ramsey County, Minnesota. E. Data disclosure Under Minn. Stat. § 270C.65, subd. 3 and other applicable law, the host site consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state agencies, and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in a ction requiring the host site to file state tax returns, pay delinquent state tax liabilities, if any, or pay other state liabilities . XII. Certification • This Agreement serves as a binding contract between the host site and the MPCA for the 2024-2025 program year. The terms of this Agreement will end on the member’s last day of service or August 31, 2025, whichever is earlier. The MPCA may cancel this Agreement at any time, with or without cause, upon 30 days’ written not ice to the host site. Amendments to this Agreement may be made only with the consent of both parties and shall be done in writing. • If a member exits the Minnesota GreenCorps program early either for cause or compelling personal circumstances, or is relocated to a different host site, this agreement will automatically end on the last day of the member’s service at this host site. • Failure to adhere to policies or to fulfill responsibilities outlined in this Agreement will become part of the selection cri teria in the event of a re-application process for future year programs. • Termination for insufficient funding. The State may immediately terminate this Agreement if it does not obtain funding from ServeMinnesota or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the work scope covered here. Termination must be by written or fax notice to the host site. The State is not obligated to pay for any work performed after notice and effective date of termination. However, the host site will be entitled to payment, determined on a pro-rata basis, for services satisfactorily performed to the extent that funds are available . The State will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature or other funding source not to appropriate funds. The State must provide the host site notice of the lack of funding within a reasonable time of the State's receiving that notice. • By signing this Agreement, I acknowledge that I have read, understand, and agree to all terms and conditions of this Agreement. Host Site The host site certifies that the appropriate persons have executed the Agreement on behalf of the host site as required by applicable articles, bylaws, resolutions, or ordinances. Host Site Authorized Representative Print name: Title: Signature: Date: Minnesota Pollution Control Agency (with delegated authority) Print name: Title: Signature: Date: Docusign Envelope ID: 62C8E147-545A-44D0-9127-A911A2DD4CC6 109 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3E.1. Adopt Resolution No. 24-045 Approving Donation from Government Alliance for Racial Equity to Attend Facing Race Conference Prepared By Seth Kaempfer, Equity and Inclusion Manager 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. The Government Alliance on Racial Equity has provided a complimentary admission at the cost of $340.00 to attend the Facing Race Conference put on by Race Forward. The Facing Race Conference is the nation’s largest multiracial, intergenerational racial justice conference. This biennially, one-of-a- kind space serves as a vital intersection where community organizers, activists, and movement makers converge to build power and strategies to advance racial justice. The conference provides attendees unprecedented access to resources, information, and collaborative opportunities geared towards advancing racial equity for all. The City's Equity and Inclusion Manager, Seth Kaempfer, will be attending the conference in the efforts of being able to bring back best practices, insight into further embedding racial equity, and further establish professional networks to move the City forward in its effort related to diversity, equity, inclusion, and anti-racism. Legal Considerations Legal considerations is not needed at this time. Equity Considerations This donation allows the continued to education and support of building racial equity into the work of the City and applying best practices related to diversity, equity, inclusion, and anti-racism for the entirety of the City. Recommended Action Motion to adopt Resolution No. 24-045 to approve the donation of $340.00 for admission to the Facing Race Conference provided by the Government Alliance on Racial Equity. 110 Supporting Documents Resolution No. 24-045 - Accepting Donation from GARE to Attend the Facing Race Conference 111 RESOLUTION NO. 24-045 RESOLUTION ACCEPTING DONATION FROM GOVERNMENT ALLIANCE FOR RACIAL EQUITY TO ATTEND THE ANNUAL FACING RACE CONFERENCE WHEREAS, the City Council adopted Resolution 04-20 on March 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 community: $340.00 from the Government Alliance for Racial Equity to attend the Facing Race Conference from November 20th - 22 nd, 2024. Adopted by the City Council of Golden Valley, Minnesota this 16th day of July, 2024. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 112 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3E.2. Adopt Resolution No. 24-046 Accepting a Donation From the Golden Valley Crime Prevention Fund to the Golden Valley Fire Department Prepared By Jill Lund, Fire Department Administrative Assistant Dom Guzman, Assistant Chief Summary The Fire Department received a donation from the Golden Valley Crime Prevention Fund of 16 ballistic vests and 32 rifle plates for the vests, at a value of $13,712.00, which will be used to provide the fire department with personal protection when needed. A resolution will need to be approved per Minnesota Statute 465.03 which allows cities to accept grants and donations of real or personal property. Financial or Budget Considerations N/A Legal Considerations N/A Equity Considerations N/A Recommended Action Motion to adopt Resolution No. 24-046 accepting donation from the Golden Valley Crime Prevention Fund for 16 ballistic vests and 32 rifle plates for the vests. Supporting Documents Resolution No. 24-046 - Donation from Golden Valley Crime Prevention Fund to Golden Valley Fire Department 113 RESOLUTION NO. 24-046 RESOLUTION ACCEPTING DONATION OF 16 BALLISTIC VESTS AND 32 RIFLE PLATES FOR THE VESTS FROM THE GOLDEN VALLEY CRIME PREVENTION FUND WHEREAS,the City Council adopted Resolution 04-20 on March 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, and WHEREAS,the donation of monies to help further the goodwill for the fire department. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: 16 Ballistic vests and 32 rifle plates for the vests from the Golden Valley Crime Prevention Fund Adopted by the City Council of Golden Valley, Minnesota this 16th day of July, 2024. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 114 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 3F. Adopt Resolution No. 24-047 Approving Updated Data Practices Policies for the City of Golden Valley Prepared By Theresa Schyma, City Clerk Melissa Croft, Deputy City Clerk (Records) Maria Cisneros, City Attorney Summary The Minnesota’s Government Data Practices Act requires that all government entities in Minnesota adopt policies regarding access to government data. The policies explain how members of the public can access government data and provide contact information for the City staff members responsible for receiving and processing data practices requests. If there are changes, the City must update these policies by August 1 of each year. Also, Minnesota Statutes require City’s to appoint an employee as the Data Practices Compliance Official and Responsible Authority. The City of Golden Valley adopted a Data Practices Policy on January 17, 2012 (by vote, not resolution) and amended that same policy on July 16, 2019 (Resolution No. 19-43). This policy lists the procedures related to data practice requests and outlines the basic inventory of data maintained by the City. Staff recommends replacing the current Golden Valley Data Practices policy (Resolution No. 19-43) and data inventory with the following documents which were drafted using the model policies provided by the Minnesota Data Practice Office: Golden Valley Data Practices Policy for Members of the Public. This policy explains the rights of the public to receive data. Golden Valley Data Practices Policy for Data Subjects. This policy explains the rights of data subjects to receive information about themselves. City of Golden Valley Data Inventory. This document identifies and describes all private and confidential data maintained by the City. Legal Considerations The proposed policies are compliant with the Minnesota Data Practices Act in Minnesota Statutes, Chapter 13 which sets the standards for the collection, storage, protection, use of, and access to data in the possession of the City. 115 Equity Considerations Actively reviewing and updating previous policies with an equity lens is part of an ongoing effort by the Legal Department. Updating the City's data practices policies will help ensure government data is available to the public in a more open and consistent manner. Recommended Action Motion to adopt Resolution No. 24-047 appointing the Data Practices Compliance Official, Responsible Authority, and approving updated Data Practices Policies for the Minnesota Government Data Practices Act for the City of Golden Valley. Supporting Documents Resolution No. 24-047 - Approving Updated Data Practices Policies for the City of Golden Valley 116 RESOLUTION NO. 24-047 RESOLUTION APPOINTING THE DATA PRACTICES COMPLIANCE OFFICIAL, RESPONSIBLE AUTHORITY AND ADOPTING UPDATED DATA PRACTICES POLICIES FOR THE MINNESOTA GOVERNMENT DATA PRACTICES ACT FOR THE CITY OF GOLDEN VALLEY WHEREAS, the City Council of the City of Golden Valley is the official governing body of the City of Golden Valley; and WHEREAS, Minnesota Statutes, Section 13.02, subd . 16, and Section 13.05, subd. 13, as amended, requires that the City appoint an employee as the Data Practices Compliance Official and Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals within the City; and WHEREAS, the City Council hereby appoints Theresa Schyma, City Clerk, as the Responsible Authority and Melissa Croft, Deputy City Clerk (Records), as the Data Practices Compliance Official for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13; and WHEREAS, the Minnesota Statutes § 13.025, subds., 2 and 3, require that the City also prepare policies related to public access to government data and related to the rights of data subjects and their access to government data; and WHEREAS, on July 16, 2019 the City adopted Resolution No. 19-43 which updated the City’s data practices policies and data inventory; and WHEREAS, the Responsible Authority recommends updating the aforementioned policies and inventory to ensure compliance with Minnesota Statutes, Chapter 13; and WHEREAS, the City Council has reviewed Exhibit A and finds that the updated data practices policies and data inventory prepared by City staff comply with these statutory requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the following are hereby approved: • Data Practices Policy for Members of the Public • Data Practices Policy for Data Subjects • City of Golden Valley Data Inventory This resolution replaces and supersedes Resolution No. 19-43. Adopted by the City Council of Golden Valley, Minnesota on this 16th day of July, 2024. _____________________________ ATTEST: Roslyn Harmon, Mayor _____________________________ Theresa Schyma, City Clerk 117 O FFICIAL C ITY P OLICY C ITY OF G OLDEN V ALLEY General Informa�on Policy Title: Data Prac�ces Policy for Members of the Public Department: Legal Policy Owner (job �tle): City Clerk Policy ID: LEG 300 Council Approval Date: 07-16-2024 Resolu�on Number: 24-047 Effec�ve Date: 07-16-2024 ☐New ☒ Updated Policy Overview Policy Descrip�on: This policy explains the rights of members of the public to access and request copies of government data under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”). Purpose & Scope: The Data Practices Act requires the City to prepare a written data access policy regarding the rights of members of the public. This policy outlines the public’s right to request and inspect public data held by the City, including but not limited to: • General Obligations • How to Make a Data Request • How the City Responds to a Data Request • Requests for Summary Data • Fees • Department Data Designees Defini�ons: For purposes of this policy, the terms below shall have the following meanings: • Data on Individuals – all government data in which any individual is or can be iden�fied as the subject of that data, unless the appearance of the name or other iden�fying data can be clearly demonstrated to be only incidental to the data and the data are not accessed by the name or other iden�fying data of any individual. • Data Prac�ces Compliance Official – The staff person who receives and responds to ques�ons or concerns about data prac�ces problems, including problems in obtaining access to data the en�ty keeps. The Deputy City Clerk (Records) is the designated Data Prac�ces Compliance Official for the City of Golden Valley. • Department Data Designee – A staff person that has been officially designated by the Responsible Authority as a “designee” to be in charge of individual files or systems containing government data and to receive and comply with the requests for government data. • Employee �me – Full labor costs of wages and benefits of the lowest-paid employee(s) that would have access to the data and be qualified to search and retrieve the data. • Government Data – Means all data collected, created, received, maintained or disseminated by any government en�ty regardless of its physical form, storage media or condi�ons of use. • Redac�on – Separa�ng public data from not public data. Government en��es cannot charge for redac�on. • Responsible Authority – The individual responsible for the collec�on, use, and dissemina�on of any set of data on individuals, government data, or summary data, unless otherwise provided by state law. The City Clerk is the designated Responsible Authority for the City of Golden Valley. • Search and retrieval �me – The amount of �me an employee spends searching for and retrieving government data, and for making, cer�fying, and electronically transmi�ng copies of the data or the data. • You – A member of the public reques�ng government data. 118 Related Documents, Materials & Resources: • City of Golden Valley’s Online Data Request Portal • Data Prac�ces Policy for Requests for Data About You, and Your Rights as a Data Subject - If you would like private data about you, your minor child, or someone for whom you are the legal guardian • Minnesota Data Prac�ces Act, Minnesota Statutes, Chapter 13 • Minnesota Data Prac�ces Office Data Prac�ces Policy for Members of the Public General Obliga�ons The Data Prac�ces Act requires the City of Golden Valley to keep all government data in a way that makes it easy for members of the public to access public data. The Data Prac�ces Act presumes all government data is public unless a state or federal law says the data is not public. Members of the public (herea�er referred to as “you”) have the right to loot at (inspect) public data and to request copies pursuant to the procedures and requirements in this policy and as otherwise limited by state and federal law. How to Make a Data Request You can request to look at data or obtain copies of data the City of Golden Valley keeps by making a request on the City of Golden Valley’s Online Data Request Portal. You may also choose not use to use the online data request portal. If you chose not to use the online portal, your emailed, mailed, or faxed request should include: • a statement that you are making a request for public data under the Government Data Prac�ces Act, Minnesota Statutes, Chapter 13 • a clear descrip�on of the data you would like to inspect or have copied • instruc�ons for delivering the data to you, sta�ng whether you would like to look at the data, receive copies of the data, or both You are not required to iden�fy yourself or explain the reason for your data request. However, the City may need some informa�on about you to respond to your request (for example, if you request emailed copies, the City will need your email address). If you choose not to give us any iden�fying informa�on, the City will provide you with contact informa�on so you may check on the status of your request. If City staff do not understand your request and have no way to contact you, the City will not be able to process your request. How the City Responds to a Data Request Upon receiving your request, the City will process it as follows. • If the City does not have the data, a staff member will no�fy you in wri�ng as soon as reasonably possible. • If the City has the data but is not allowed to give it to you, a staff member will no�fy you as soon as reasonably possible and state which specific law says prohibits its disclosure. • If the City has the data and the data is public, a staff member will respond to your request within a reasonable amount of �me by doing one of the following: o Arrange a date, �me, and place for you to inspect data, for free, if your request is to look at the data o Provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies or a staff member will mail, email, or fax them to you. If you want the City to send you the copies, you will need to provide an address, email address, or fax number. The City will provide electronic copies (such CD-ROM) upon request if the data is normally kept in an electronic format. 119 If you request paper copies or electronic copies that require more than 30 minutes of staff �me to search and retrieve, you will be charged a fee and required to pre-pay for your data. Addi�onal informa�on about costs is below. If you do not understand the data (technical terminology, abbrevia�ons, or acronyms), please tell the staff person who provided the data to you. The Data Prac�ces Act does not require the City to create or collect new data in response to a data request, or to provide data in a specific form or arrangement if the data is not kept in that form or arrangement. For example, if the data you request are on paper only, City staff are not required to create electronic documents to respond to your request. If the City agrees to create data in response to your request, staff will work with you on the details of your request, including cost and response �me. Under the Data Prac�ces Act, the City is not required to respond to inquiries or ques�ons that are not specific requests for government data. Requests for Summary Data Summary data are sta�s�cal records or reports that are prepared by removing all iden�fiers from private or confiden�al data on individuals. The prepara�on of summary data is not a means to gain access to private or confiden�al data. The City may prepare summary data in certain circumstances depending on the nature of the data and staff availability and work loads. All requests for summary data must be made in wri�ng and you will be charged for the actual cost of crea�ng summary data in addi�on to any applicable copy costs. Fees The City of Golden Valley charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, sec�on 13.03, subdivision 3(c). All charges must be paid in full before the data is released. The charges below may vary when a charge is set by statute or rule. • 100 or fewer paper copies If you request 100 or fewer pages of black and white, leter, or legal size paper copies, the charge is 25¢ for a one-sided copy or 50¢ for a two-sided copy. • Most other types of copies The charge for most other types of copies is the actual cost of searching for and retrieving the data and making the copies or electronically sending the data (e.g., sending the data by email). Actual Cost of Making Copies The actual cost of making copies includes employee �me, the cost of the materials onto which the data is copied (paper, CD, DVD, etc), and mailing costs (if any). Es�mates of employee �me are calculated using the lowest-paid employee(s) that would have access to the data and be qualified to search and retrieve the data. However, if, based on your request, it is necessary for a higher-paid employee to search for and retrieve the data, the City will calculate search and retrieval charges at the higher salary/wage. If it is determined that the data responsive to your request will exceed 100 pages, we will provide you with an es�mate of the total cost prior to fulfilling your request. The actual fees charged may differ from the es�mate. The City strives to provide es�mates that are as accurate as possible but cannot guarantee the final cost of the request un�l search and retrieval of the data is complete. You will only be charged the actual cost of fulfilling your request. In an effort to ensure access to public data, there will be no search and retrieval charge for requests that require less than 30 minutes of staff �me. Serial requests will be consolidated and considered as one request when calcula�ng fees. 120 If your request is for copies of data City staff cannot copy in-house, such as photographs, the City will charge you the actual cost the City must pay an outside vendor for the copies. Department Data Designees The Responsible Authority, in consulta�on with the department heads, will appoint one or more data designees for each City department. The department designees will be responsible for: • Maintaining departmental files and systems containing government data; • Ensuring compliance with the Data Prac�ces Act; • Processing data requests; and • Answering inquiries from the public concerning departmental data. A list of the City’s department data designees will be kept on file with the Responsible Authority and posted on the City website. 121 O FFICIAL C ITY P OLICY C ITY OF G OLDEN V ALLEY General Informa�on Policy Title: Data Prac�ces Policy for Data Subjects Department: Legal Policy Owner (job �tle): City Clerk Policy ID: LEG 301 Council Approval Date: 07-16-2024 Resolu�on Number: 24-047 Effec�ve Date: 07-16-2024 ☐New ☒ Updated Policy Overview Policy Descrip�on: This policy explains the rights of data subjects to access and request copies of government data under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”). Purpose & Scope: The Data Practices Act requires the City to prepare a written policy of the rights of data subjects under the Act and the specific procedures used by the City for access by a data subject to public or private data on individuals. This policy explains the rights of data subjects and tells individuals how to request data about themselves, their minor child, or someone for whom they are the legal guardian. This policy includes information on the following topics: • General Obliga�ons • Classifica�on of Data about You • Your Rights Under the Data Prac�ces Act • How to Make a Request for Your Data • How the City Responds to a Data Request • Fees for Data Subjects • Standards for Verifying Iden�ty Defini�ons: For purposes of this policy, the terms below shall have the following meanings: • Data on Individuals – Data in which any individual is or can be iden�fied as the subject of that data. Individuals are natural persons, and include parents and guardians for minors or incapacitated persons. • Employee �me – Full labor costs of wages and benefits of the lowest-paid employee(s) that would have access to the data. • Government Data – Means all data collected, created, received, maintained or disseminated by any government en�ty regardless of its physical form, storage media or condi�ons of use. • Redac�on – Separa�ng public data from not public data. Government en��es cannot charge for redac�on. • Search and retrieval �me – The amount of �me an employee spends searching for and retrieving government data, and for making, cer�fying, and electronically transmi�ng copies of the data or the data. • Subject of Data – An individual is the subject of data when the individual can be iden�fied from the data. • You – A member of the public reques�ng government data. Related Documents, Materials & Resources: • City of Golden Valley’s Online Data Request Portal • Data Prac�ces Policy for Members of the Public • Minnesota Data Prac�ces Act, Minnesota Statutes, Chapter 13 • Minnesota Data Prac�ces Office 122 Policy General Obliga�ons The Data Practices Act says data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. Under the Data Practices Act, the City must keep all government data on individuals in a way that makes it easy for data subjects to access data about themselves. The City can collect and keep only those data about individuals needed for administering and managing programs that are permitted by law. Classifica�on of Data about You The Data Prac�ces Act presumes all government data are public unless a state or federal law says the data are not public. Data about you are classified by state law as follows: • Your Public Data: Some data about you is classified under the Government Data Prac�ces Act as public data. For example, your name on an applica�on for a license from the City is public data. The Government Data Prac�ces Act presumes all government data are public unless a state or federal law says the data are not public. The City must give public data to anyone who asks. It does not mater who is asking for the data or why the person wants the data. • Your Private Data: Some data about you is classified as private data. For example, an employee’s Social Security number is private data. The City cannot give private data to the public. The City can share your private data with you, with someone who has your permission, with government en�ty staff whose job requires or permits them to see the data, and with others as permited by law or court order. • Your Confiden�al Data: Some data about you is classified as confiden�al data. For example, your iden�ty as mandated reporter of child abuse or neglect is confiden�al data. Confiden�al data have the most protec�on. Neither the public nor you can access confiden�al data, even when the confiden�al data are about you. The City can share confiden�al data about you with government en�ty staff who have a work assignment to see the data, and with others as permited by law or court order. Your Rights Under the Data Prac�ces Act Access to Your Data You have the right to look at (inspect), free of charge, public and private data the City keeps about you. You also have the right to get copies of public and private data about you. The Data Prac�ces Act sets the amount the City may charge for copies. You have the right to look at data, free of charge, before deciding to request copies. If you ask, City staff will tell you whether the City keeps data about you and whether the data are public, private, or confiden�al. As a parent, you have the right to look at and get copies of public and private data about your minor children (under age 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask the City not to give data about them to their parent or guardian. If you are a minor, the City will tell you that you have this right. The City may ask you to put your request in wri�ng and to include the reasons the City should deny your parents access to the data. The City will make the final decision about your request based on the factors listed in Minnesota Administra�ve Rule 12 05.0500, subpart 3(B). Minors do not have this right if the data in ques�on are educa�onal data maintained by an educa�onal agency or ins�tu�on. When the City Collects Data From You When the City asks you to provide data about yourself that are not public, the City must give you a no�ce. The no�ce is some�mes called a Data Prac�ces or Tennessen Warning. The no�ce controls what the City does with the data it collects from you. Usually, the City can use and release the data only in the ways described in the no�ce. 123 The City will ask for your writen permission if it needs to use or release private data about you in a different way, or if you ask the City to release the data to another person. This permission is called informed consent. If you want the to release data to another person, you may use the consent form provided by City staff. Protec�ng Your Data The Data Prac�ces Act requires the City to protect your data. The City has established appropriate safeguards to ensure your data are safe. When Your Data are Inaccurate or Incomplete You have the right to challenge the accuracy and completeness of public and private data about you. You also have the right to appeal the City’s decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Request for Your Data You may request to look at (inspect) data or obtain copies of data we keep about you, your minor children, or an individual for whom you have been appointed legal guardian. You must make this request in wri�ng. You can request data by making a data request on the City of Golden Valley’s Online Data Request Portal. You may also choose not use to use the online data request portal. If you chose not to use the online portal, your emailed, mailed, or faxed request should include: • a statement that you are making a request for public data under the Government Data Prac�ces Act, Minnesota Statutes, Chapter 13 • a clear descrip�on of the data you would like to inspect or have copied • instruc�ons for delivering the data to you, sta�ng whether you would like to look at the data, receive copies of the data, or both • iden�fying informa�on that proves you are the data subject, or data subject’s parent/guardian The City of Golden Valley may require proof of your iden�ty before staff can respond to your request for data. If you are reques�ng data about your minor child, you must show proof that you are the minor’s parent. If you are a guardian, you must show legal documenta�on of your guardianship. Please see the Standards for Verifying Iden�ty included in this policy. If you do not provide proof that you are the data subject, the City cannot respond to your request. How the City Responds to a Data Request Upon receiving your request, the City will process it as follows. • If it is not clear what data you are reques�ng, City staff will ask you for clarifica�on. • If the City does not have the data, staff will no�fy you in wri�ng within 10 business days. • If the City has the data but the data are confiden�al or private data that are not about you, staff will no�fy you within 10 business days and state which specific law says you cannot access the data. • If the City has the data and the data are public or private data about you, staff will respond to your request within 10 business days by doing one of the following: o arrange a date, �me, and place to inspect data, for free, if your request is to look at the data o provide you with copies of the data within 10 business days. You may choose to pick up your copies, or staff will mail, email or fax them to you. The City will provide electronic copies (such as CD-ROM) upon request if the data is normally kept in an electronic format. A�er the City has provided you access to data about you, the City does not have to show you the data again for six months unless there is a dispute or the City collects or creates new data about you. If you do not understand some of the data (technical terminology, abbrevia�ons, or acronyms), please let City staff know. The City will give you an explana�on if you ask. 124 The Data Prac�ces Act does not require the City to create or collect new data in response to a data request if the City does not already have the data, or to provide data in a specific form or arrangement if the data is not kept in that form or arrangement. For example, if the data you request are on paper only, the City is not required to create electronic documents to respond to your request. If the City agree s to create data in response to your request, staff will work with you on the details of your request, including cost and response �me. In addi�on, we are not required under the Data Prac�ces Act to respond to ques�ons that are not specific requests for data. Fees for Data Subjects The City of Golden Valley may charge you the actual cost for copies of government data about you. These charges are authorized under Minnesota Statutes, sec�on 13.04, subdivision 3. All charges must be paid in full before the data is released. The charges below may vary when a charge is set by statute or rule. Actual Cost of Making Copies In determining the actual cost of making copies, the City includes the actual cost for an employee to make and transmit paper copies or copies of electronically stored data, as well as the actual cost of materials. The City does not include charges for redac�on or for searching for and retrieving data. Employee �me is calculated using the lowest-paid employee(s) that would have access to the data. Prior to processing your request, the City will provide you with an es�ma�on of the total cost. However, the actual fees charged may differ. The City strives to provide es�mates that are as accurate as possible but cannot guarantee the final cost of the request un�l the request is complete. You will only be charged the actual cost of fulfilling your request. If your request is for copies of data City staff cannot copy in-house, such as photographs, the City will charge you the actual cost the City must pay an outside vendor for the copies. Standards for Verifying Iden�ty The following constitute proof of identity. An adult individual must provide a valid photo ID, such as a: • state driver's license • military ID • passport • Minnesota ID • Minnesota tribal ID A minor individual must provide a valid photo ID, such as a: • state driver's license • military ID • passport • Minnesota ID • Minnesota tribal ID • Minnesota school ID 125 The parent or guardian of a minor must provide a valid photo ID and either a: • cer�fied copy of the minor's birth cer�ficate or • cer�fied copy of documents that establish the parent or guardian's rela�onship to the child, such as: o a court order rela�ng to divorce, separa�on, custody, foster care o a foster care contract o an affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a cer�fied copy of appropriate documenta�on of formal or informal appointment as guardian, such as: • court order(s) • valid power of atorney Note: Individuals who do not exercise their data prac�ces rights in person must provide either notarized or cer�fied copies of the required documents or an affidavit of ID. 126 C ITY OF G OLDEN V ALLEY D ATA I NVENTORY PURSUANT TO M INN. S TAT . § 13.025, SUBD. 1 Name of Record, File, Or Data Type Description Data Classification Citation For Classification Employee Work Access Appointment Files Appointments to various Council Boards, Commissions, or Committees Public/Private Minn. Stat. § § 13.43, 13.601 Certain employees on an as-needed basis as part of specific work assignments Attorney Opinions Official opinions of City attorney Public/Private Minn. Stat. § § 13.393, 13.39 Certain employees on an as-needed basis as part of specific work assignments Audit Reports External Based on private companies for review of tax payments, or based on internal operations Non-Public Minn. Stat. § 13.37 Certain employees on an as-needed basis as part of specific work assignments Audit Reports Internal Based on private companies for review of tax payments, or based on internal operations Non-Public Minn. Stat. § 13.392 Certain employees on an as-needed basis as part of specific work assignments Automatic Payment Plan Authorization Form With supporting documentation Public/Private Minn. Stat. § § 13.37 Certain employees on an as-needed basis as part of specific work assignments Bids and Proposals Responses to requests for bids and proposals Public/Private Minn. Stat. § 13.591 Certain employees on an as-needed basis as part of specific work assignments Building Plans Commercial, industrial, residential Public/Private Non-Public Minn. Stat. § § 13.37, subd. (1)(b), 541.051 Certain employees on an as-needed basis as part of specific work assignments Checks (Accounts Receivable) Received from customers Public/Private Minn. Stat. § 13.37 Certain employees on an as-needed basis as part of specific work assignments Civil Litigation Files Judgments, settlements, releases, correspondence Public/Private Confidential Protected Non-Public Minn. Stat. § 13.39 Certain employees on an as-needed basis as part of specific work assignments Community Development Block Grant Applications Annual breakdown of applications and supporting materials Public/Private Minn. Stat. § 13.462 Certain employees on an as-needed basis as part of specific work assignments Credit Card Receipts Merchant copies Public/Private Minn. Stat. § 16A.626 Certain employees on an as-needed basis as part of specific work assignments 127 Name of Record, File, Or Data Type Description Data Classification Citation For Classification Employee Work Access Criminal Litigation Files Documents litigation involving the City Public/Private Confidential Protected Non-Public Minn. Stat. § § 13.393, 13.82 Certain employees on an as-needed basis as part of specific work assignments Complaints By citizens about the use of real property Public/Private Minn. Stat. § 13.44 Certain employees on an as-needed basis as part of specific work assignments Absentee Ballot Application Absentee ballot application Public/Private Minn. Stat. § 203B.12 Certain employees on an as-needed basis as part of specific work assignments Ballots Voted or rejected Public/Private Minn. Stat. § 13.37 City Clerk on an as- needed basis Checks Received from customers submitted electronically Public/Private Minn. Stat. § 13.37 Certain employees on an as-needed basis as part of specific work assignments Insurance Claims Filed by or against the City Public/Private Minn. Stat. § 13.43 Certain employees on an as-needed basis as part of specific work assignments Fee Waiver Forms For low income participates in Parks & Recreation programs Private Minn. Stat. § 13.462 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Mailing Lists For program participants Private Minn. Stat. § 13.548 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Photographs Photos retained in accordance with item related to in General Records Retention Schedule Public/Private Minn. Stat. § 13.82 Certain employees on an as-needed basis as part of specific work assignments Property Acquisition Deeds, contracts, correspondence, purchase valuation data, agreements Public Confidential Protected Non-Public Minn. Stat. § § 13.44, 13.585 Certain employees on an as-needed basis as part of specific work assignments Property Files Files involving land acquisitions, condemnations, land sales, lawsuits, etc Public/Private Confidential Protected Non-Public Minn. Stat. § 13.39 Certain employees on an as-needed basis as part of specific work assignments 128 Name of Record, File, Or Data Type Description Data Classification Citation For Classification Employee Work Access Real Property Appraisals Public/ Confidential Minn. Stat. § 13.44 Certain employees on an as-needed basis as part of specific work assignments Registration Forms For Parks & Recreation program participants Public/Private Minn. Stat. § 13.57 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Rosters For Parks & Recreation program participants Private Minn. Stat. § 13.57 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Social Security Numbers Collected or maintained on individuals Private Minn. Stat. § 13.355 Certain employees on an as-needed basis as part of specific work assignments Response to Data Requests Data collected in responding to requests for data maintained by City of Golden Valley Public/Private Various Responsible Authority Data Practices Compliance Official 1099 Miscellaneous Income 1099 Miscellaneous Income Public/Private Minn. Stat. § 13.43 Certain employees on an as-needed basis as part of specific work assignments 129 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 16, 2024 Agenda Item 6A. 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 130 Review of Council Calendar Event Event Time Location JULY Tuesday, July 16 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, July 21 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Sunday, July 28 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus AUGUST Thursday, August 1 Golden Valley Business Connections - Special Networking Event with Locally-Elected MN State Legislators 8:00 AM - 9:30 AM PRISM 1220 Zane Ave N Sunday, August 4 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, August 6 National Night Out 6:00 PM - 9:00 PM Various Locations/In-Person Wednesday, August 7 City Council Meeting 6:30 PM Hybrid - Council Chambers Saturday, August 10 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Sunday, August 11 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, August 13 Primary Election Day 7:00 AM - 8:00 PM City Precincts/Polls Wednesday, August 14 HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, August 18 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, August 20 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, August 25 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus SEPTEMBER Sunday, September 1 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Monday, September 2 City Offices Closed for Observance of Labor Day Tuesday, September 3 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, September 8 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, September 10 Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, September 15 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, September 17 HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Wednesday, September 18 League of Women Voter’s Candidate Forum 7:00 PM City Hall Council Chambers 131