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2025-02-18 - AGE - City Council Regular Meeting February 18, 2025 — 6:30 PM Golden Valley City Hall Council Chambers 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.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 Council Meeting Minutes 3B.Approval of City Check Registers 3C.Licenses: 3C.1.Approve Gambling License Exemption and Waiver of Notice Requirement - Seven Dreams Education Foundation 3C.2.Approve Multi-Family Rental Property Licenses for the period of March 1, 2025 through February 28, 2026 3D.Boards, Commissions, and Task Forces: 3D.1.Accept Resignations from the Diversity, Equity, and Inclusion Commission 3E.Bids, Quotes, and Contracts: 3E.1.Adopt Resolution No. 25-010 Approving State of Minnesota Department of Transportation and City of Golden Valley and Three Rivers Park District Cooperative Construction Agreement No. 1057891 and Authorizing its Execution 3E.2.Approve Contract with Vaisala for Wx Horizon Weather Monitoring System 3F.Grants and Donations: 3F.1.Adopt Resolution No. 25-011 to Apply for a Minnesota Pollution Control Agency (MPCA) Host Site for a MN GreenCorps Member CITY COUNCIL REGULAR MEETING AGENDA Members of the public may attend this meeting in-person, watch on cable channel 16, or stream on CCXmedia.org. The public can make in-person statements during public comment sections, including the public forum beginning at 6:20 pm. Individuals may provide public hearing testimony remotely by emailing a request to the City Clerk's office at cityclerk@goldenvalleymn.gov by 3 p.m. on the day of the meeting. City of Golden Valley City Council Regular Meeting February 18, 2025 — 6:30 PM 1 3F.2.Adopt Resolution No. 25-012 Accepting the In-Kind Donation of $3,402.50 from Stan Waldhauser Photography 3G.Adopt Resolution No. 25-013 Approving the City Council 2030 Strategic Directives 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 February 18, 2025 — 6:30 PM 2 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 Agenda Item 1B. New Employee Introductions Prepared By Elinorah SINYEMBO, Executive Assistant Summary Fire Chief, Bethany Brunsell, will introduce Maria Jimenez, the new Fire Administrative Assistant. 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. 3 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 Agenda Item 3A. Approval of City Council Meeting Minutes Prepared By Theresa Schyma, City Clerk Summary The following minutes are available to view on the City's public Laserfiche site : February 4, 2025 Regular City Council Meeting A direct link to the folder with the documents referenced above is: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1056192&dbid=0&repo=GoldenValley Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to approve City Council meeting minutes as submitted. 4 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 Agenda Item 3B. 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: https://weblink.ci.golden- valley.mn.us/WebLink/Browse.aspx?id=1055278&dbid=0&repo=GoldenValley The check register(s) for approval: 02-05-2025 Check Register 02-12-2025 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. 5 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 Agenda Item 3C.1. Approve Gambling License Exemption and Waiver of Notice Requirement - Seven Dreams Education Foundation Prepared By Theresa Schyma, City Clerk Summary The Seven Dreams Education Foundation, a 501(c)(3) nonprofit education foundation, has applied for a Gambling License Exemption to conduct gambling (raffle) at the annual Bird Bash gala at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on February 22, 2025. According to their website the "Bird Bash gala is an annual fundraiser supporting the Seven Dreams Education Foundation, to benefit students of the Robbinsdale Area Schools." As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Seven Dreams Education Foundation to conduct gambling (raffle) at the annual Bird Bash gala event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on February 22, 2025. 6 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 Agenda Item 3C.2. Approve Multi-Family Rental Property Licenses for the period of March 1, 2025 through February 28, 2026 Prepared By Bethany Brunsell, Fire Chief Summary The following multi-family rental properties are up for renewal March 1, 2025. All are on an annual March 1 renewal cycle. All have completed an annual rental inspections within the past few months, and have corrected or are in the process of correcting any issues noted during those inspections. Fees are based on participation in the Safe Tenant and Renter (STAR) Program. Staff is recommending approval of the following license renewals: Arcata Apartments - 901 Xenia Avenue South Calvary Center Apartments - 7650 Golden Valley Road Central Park West Apartments - 1511 Utica Avenue South Colonial Apartments - 5743/5745/5747 Glenwood Avenue Copacabana Apartments - 1725 Lilac Drive North Cornerstone Creek Apartments - 9280 Golden Valley Road Crosswoods Apartments - 5601 Glenwood Avenue Dover Hill - 2400 Rhode Island Avenue North Duluth Street Flats - 6150 St. Croix Avenue North Flourish Apartments - 9000 Golden Valley Road Golden Valley Road Apartments - 6200 Golden Valley Road Golden Valley Townhomes - 2120 Douglas Drive Golden Valley Townhomes - 3354 Lilac Drive Hello Apartments - 9201 Golden Valley Road Herbeck Triplex - 1510 Kelly Drive Laurel at West End Apartments - 5610 Laurel Avenue Liberty Crossing Apartments - 2450 Winnetka Avenue North Mallard Creek Apartments - 8300/8400 Golden Valley Road Medley Park Townhomes - 2343/2350/2389/2391 Mendelssohn Lane Rutter 4-Plex - 2425 Mendelssohn Lane South Wirth Apartments - 501 Theodore Wirth Parkway Talo Apartments - 5100 Wayzata Boulevard The Laurel Apartments - 250 Turners Crossroad South 7 Trentwood Apartments - 9110/9140/9200/9210/9240 Golden Valley Road Valley Creek West Apartments - 1370 Douglas Drive Valley Square Commons - 749 Winnetka Avenue North Valley View Apartments - 6533/6535/6537/6539/6541/6543 Golden Valley Road Valley Village Apartments - 600 Lilac Drive North West End Apartments - 241/251/261/271 Yosemite Circle West End Trails - 1400/1450/1500/1600 Douglas Drive Xenia Apartments - 770 Xenia Avenue South Legal Considerations The rental license application is in a form approved by the City Attorney. Equity Considerations The STAR Program (part of the multi-family rental licensing program) advances the City's goals and commitment to fair housing by preserving and promoting economically diverse multifamily rental housing options in our community by assisting property owners and managers in maintaining high quality multifamily rental housing in Golden Valley for households with a variety of income levels, ages, and sizes. Recommended Action Motion to authorize the renewal of multi-family rental licenses for the period of March 1, 2025 through February 28, 2026. 8 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 Agenda Item 3D.1. Accept Resignations from the Diversity, Equity, and Inclusion Commission Prepared By Elinorah SINYEMBO, Executive Assistant Summary Commissioners Ajani Woodson and Lee Thoresen have submitted their resignations 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 resignations of Ajani Woodson and Lee Thoresen from the Diversity, Equity, and Inclusion Commission, effective January 28, 2025. 9 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 Agenda Item 3E.1. Adopt Resolution No. 25-010 Approving State of Minnesota Department of Transportation and City of Golden Valley and Three Rivers Park District Cooperative Construction Agreement No. 1057891 and Authorizing its Execution Prepared By Michael Ryan, City Engineer Summary Minnesota Department of Transportation (MnDOT) is leading the design and construction of grading, bituminous surfacing, ADA improvements, retaining walls, lighting, signals, bike trails, and associated construction adjacent to TH-55, generally located between Schaper Road and a BNSF Railroad crossing east of Theodore Wirth Parkway. Through a cooperative construction agreement with MnDOT and Three Rivers Park District, the City of Golden Valley will participate in construction inspection and long-term maintenance of the storm sewer, sidewalk, and bike trail located adjacent to TH-55 within City limits as described in Agreement No. 1057891. Financial or Budget Considerations Funding for the City's sidewalk and trail maintenance responsibilities is provided by the Streets Division (037) under the Snow and Ice Control Program (1448). The annual trail maintenance cost for snow removal and boulevard mowing was estimated in 2023 at $5,200 per year. Public utility maintenance is provided by Water and Sewer Utility Fund (7120) and Storm Water Utility Fund (7300). Legal Considerations The City Attorney has reviewed Agreement No. 1057891 and the terms of the associated Resolution. Equity Considerations The City’s work to participate in cooperative construction efforts with MnDOT and Three Rivers Park District for the construction of State Project No. 2752-43 is consistent with the unbiased programs and services pillar of the City’s Equity Plan. This project located along Trunk Highway No. 55 was planned and designed without bias, advancing multi-modal transportation goals for all ages and abilities. Coordinated outreach and communication will be performed between partner agencies, using inclusive engagement methods to reach more communities. Recommended Action Motion to adopt Resolution No. 25-010 approving State of Minnesota Department of Transportation and City of Golden Valley and Three Rivers Park District Cooperative Construction Agreement No. 10 1057891 and authorizing its execution. Supporting Documents Resolution No. 25-010 - Approving Cooperative Construction Agreement No. 1057891 - City of Golden Valley, MnDOT, and TRPD Cooperative Construction Agreement 1057891.pdf 11 RESOLUTION NO. 25-010 A RESOLUTION AUTHORIZING STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF GOLDEN VALLEY AND THREE RIVERS PARK DISTRICT COOPERATIVE CONSTRUCTION AGREEMENT NO. 1057891 WHEREAS, the City of Golden Valley, the State of Minnesota Department of Transportation, and Three Rivers Park District find it mutually desirable to construct State Project No. 2752-43 along Trunk Highway No. 55; and WHEREAS, construction of State Project No. 2752-43 will expand multi-modal transportation options along Trunk Highway No. 55 within the City of Golden Valley; and WHEREAS, the cooperative construction agreement describes the City of Golden Valley’s construction participation and maintenance responsibilities of State Project No. 2752-43. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council authorizes the City of Golden Valley to enter into MnDOT Agreement No. 1057891 with the State of Minnesota, Department of Transportation, for the following purposes: To provide for maintenance by the City of Golden Valley of the trail construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 55 from 0.02 miles west of Trunk Highway No. 100 to 0.36 miles west of Penn Avenue North within the limits of the City of Golden Valley under State Project No. 2752-43. BE IT FURTHER RESOLVED,that the Mayor and City Manager are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Golden Valley, Minnesota this 18th day of February, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 12 MnDOT Contract No.: 1057891 -1- Receivable Lump Sum (Cooperative Agreements) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF GOLDEN VALLEY AND THREE RIVERS PARK DISTRICT COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 2752-43 Trunk Highway Number (T.H.): 55=188 Federal Project Number: NHPP-BFP 0055(321) Estimated Amount Receivable $250,000.00 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), the City of Golden Valley acting through its City Council ("City"), and Three Rivers Park District acting through its Board ("TRPD"). Recitals 1. The State will perform grading, bituminous surfacing, ADA improvements, retaining wall, lighting, signals, TMS, Bridge No. 27237 and other associated construction upon, along, and adjacent to Trunk Highway No. 55 from 0.02 miles west of Trunk Highway No. 100 to 0.36 miles west of Penn Avenue North according to State-prepared plans, specifications, and special provisions designated by the State as State Project No. 2752-43 (T.H. 55=188) ("Project"); and 2. The State requests the TRPD participate in the costs of the trail construction and the TRPD is willing to participate in the costs of said construction and associated construction engineering; and 3. The City will be responsible for maintenance as defined in this Agreement; and 4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Maintenance by the City; 7. Liability; Worker Compensation Claims; 9. State Audits; 10. Government Data Practices; 11. Governing Law; Jurisdiction; Venue; and 13. Force Majeure. 13 MnDOT Contract No.: 1057891 -2- Receivable Lump Sum (Cooperative Agreements) 1.4. Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by the State as State Project No. 2752-43 (T.H. 55=188) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision, and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Inspection by the City and TRPD. The City and TRPD participation construction covered under this Agreement will be open to inspection by the City and TRPD. If the City or TRPD believes the City or TRPD participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City and TRPD will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City or TRPD are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City and TRPD participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plans and contract construction, which may include the TRPD participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. B. The TRPD or the City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. C. The State reserves the right to invoice the TRPD or the City for the cost of any additional TRPD requested or City requested work and plan changes, including associated construction engineering, before the completion of the contract construction. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the TRPD as to the satisfactory completion of the contract construction. 14 MnDOT Contract No.: 1057891 -3- Receivable Lump Sum (Cooperative Agreements) 2.5. Permits A. Limited Use Permit. The City will obtain, through the District's Right-of-Way Area Manager, a Limited Use Permit, currently Limited Use Permit No. 2752-0278, to cover the City's liability responsibilities of trail to be constructed upon the State Right-of-Way. 3. Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 3.1. Storm Sewers. Routine maintenance of any storm sewer facilities construction. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from grates and catch basins, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, or sedimentation, this also includes informing the District Maintenance Engineer of any needed repairs. 3.2. Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. 3.3. Trail. Maintenance of any trail construction. Maintenance includes, but is not limited to, snow and ice control/removal, sweeping and debris removal, patching, crack repair, pavement replacement, vegetation control, signing, pavement markings, and any other maintenance activities necessary to perpetuate any trail construction in a safe and usable condition. 3.4. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 4. TRPD Cost and Payment by the TRPD 4.1. TRPD Cost. $250,000.00 is the TRPD's full and complete lump sum cost for trail construction. 4.2. Conditions of Payment. The TRPD will pay the State the full and complete lump sum amount after the following conditions have been met: A. Execution of this Agreement and transmittal to the TRPD. B. The TRPD's receipt of a written request from the State for the advancement of funds. 4.3. Additional TRPD Requested Work. Upon completion of all contract construction and upon computation of the final amount due the State's contractor and only if additional work has been requested under Article 2.3.B of this Agreement, the State will prepare an invoice and submit a copy to the TRPD. The invoice will be based on final quantities of any additional TRPD requested participation construction items and the construction engineering cost share due to additional requested work. The computation by the State of the amount due from the TRPD will be final, binding and conclusive. 5. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 15 MnDOT Contract No.: 1057891 -4- Receivable Lump Sum (Cooperative Agreements) 5.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 5.2. The City’s Authorized Representative will be: Name, Title: Michael Ryan, City Engineer (or successor) Address: 7800 Golden Valley Road, Golden Valley, MN 55427 Telephone: (763) 438-4975 E-Mail: mryan@goldenvalleymn.gov 5.3. The TRPD's Authorized Representative will be: Name, Title: Jonathan Vlaming, Associate Superintendent (or successor) Address: 3000 Xenium Lane North, Plymouth, MN 55441 Telephone: (763) 694-7632 E-Mail: jonathan.vlaming@threeriversparks.org 6. Assignment; Amendments; Waiver; Contract Complete 6.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. The foregoing does not prohibit the City from contracting with a third-party to perform City maintenance responsibilities covered under this Agreement. 6.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 6.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 6.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the City, and TRPD. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 7. Liability; Worker Compensation Claims 7.1. Each party is responsible for its own acts, omissions, and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City and TRPD. 7.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 8. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 16 MnDOT Contract No.: 1057891 -5- Receivable Lump Sum (Cooperative Agreements) 9.State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City and TRPD's books, records, documents, accounting procedures, and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 10.Government Data Practices The City, TRPD, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City or TRPD under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City, TRPD, or the State. 11.Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 12.Termination; Suspension 12.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 12.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the TRPD and the City. 12.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 13.Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] 17 MnDOT Contract No.: 1057891 -6- Receivable Lump Sum (Cooperative Agreements) THREE RIVERS PARK DISTRICT The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. 18 MnDOT Contract No.: 1057891 -7- Receivable Lump Sum (Cooperative Agreements) CITY OF GOLDEN VALLEY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. Roslyn Harmon, Mayor February 18, 2025 Noah Schuchman, City Manager February 18, 2025 19 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 Agenda Item 3E.2. Approve Contract with Vaisala for Wx Horizon Weather Monitoring System Prepared By Tim Kieffer, Public Works Director Summary Contract with Vaisala, Inc. for a Wx Horizon weather monitoring system that is map-based, cloud- hosted, and displays real-time observations and weather conditions to help the Public Works and winter maintenance decision-making community. This contract for the weather monitoring system is for a term of five years. Financial or Budget Considerations The total cost of this contract over a 5-year term is $66,000. This expense has been budgeted for. Legal Considerations The agreement has been reviewed and approved by the City Attorney's Office. Equity Considerations The use of weather monitoring systems operations has the potential to create more equitable outcomes by improving the efficiency of services, increasing public safety, and enhancing severe weather preparedness. Recommended Action Motion to approve contract with Vaisala for Wx Horizon Weather Monitoring System. Supporting Documents Contract with Vaisala for Wx Horizon Weather Monitoring System 20 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 1 of 15 Restricted Data Services Agreement Summary Vaisala Customer End User City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 City of Golden Valley Public Works 7800 Golden Valley Road Golden Valley, MN 55427 Primary Contact: Tim Kieffer 763-593-3960 tkieffer@goldenvalleymn.gov Main Contact: N/A System Site Location Vaisala Systems Covered Per Quote Number: N/A Contract # Term: 1-JAN-25 to 31-DEC--2029 Services Provided Vaisala Wx Road Insights data service, -- Vaisala Wx Road Insights Data -- Cellular Service -- Sensor Monitoring -- Equipment (Exhibit B) Contract Period: Year(s) Fee (USD) Evergreen terms (if applicable) Year 1 See Exhibit A n/a Year 2 See Exhibit A Year 3 See Exhibit A Year 4 See Exhibit A Year 5 See Exhibit A *Invoiced monthly; subject to discounts for additional systems as provided in the Agreement 21 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 2 of 15 Restricted Data Services Agreement This Data Services Agreement (the “Agreement”) is entered into and shall be effective January 1, 2024 (the “Effective Date”) and is between the City of Golden Valley Pubic Works (hereinafter known as “Customer”), with offices located at 7800 Golden Valley Road, Golden Valley, MN 55427 and VAISALA INC. (hereinafter known as "Vaisala"), a Delaware corporation with offices located at 194 South Taylor Avenue, Louisville, CO 80027. 1. DESCRIPTION OF DATA SERVICES; DOCUMENTATION 1.1 Vaisala shall provide the data services (the “Services”) to the Customer as described below. 1.1.1 Vaisala Wx Horizon is a map-based, cloud-hosted software that displays real-time observations and forecast weather impacts across an entire transportation weather network to help winter road decision-makers answer the above questions 1.1.2 The software has been designed based on feedback from public works and winter maintenance decision-making community. Wx Horizon is built on utilizing observations to determine future weather impacts on transportation safety and mobility. 1.1.3 The Data will be accessible through Vaisala Wx Horizon software provided by Vaisala to the customer and shall be accessible exclusively by authorized members of customers’ organization (never third parties). Vaisala will update the software periodically throughout the term of the Contract as required. 1.1.4 Vaisala shall provide all data communication and sensor monitoring services as part of the Services. The sensor monitoring feature alerts Vaisala upon any sensor or system error. Vaisala technical experts will attempt to resolve issues remotely if possible. In the event any issue cannot be solved remotely, Vaisala shall make an on- site visit and repair at no cost to Customer. 1.2 Vaisala has completed the installation and commissioning of the equipment listed in Exhibit B (the “Equipment”) and will provide the Services described herein, including ongoing maintenance of the Equipment. Customer may order Equipment for additional sites as provided in Section 2.2 below. Vaisala shall maintain ownership of the Equipment through the Term (as defined below). 1.3 The Services received by Customer as set forth in this Agreement shall be subject to the General Vaisala General Conditions Vaisala Policies | Vaisala. These Terms are hereby incorporated into this Agreement by reference. This Agreement, the Terms constitute a legally binding agreement between Vaisala and the Customer, and shall take precedence over any inconsistent or conflicting provision in any prior agreement, representation, discussion, marketing message or understanding relating to the Services. 1.4 Vaisala hereby grants access and user rights to up to two (2) contract weather service providers of Customer for forecast purposes, provided that such permitted parties are 22 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 3 of 15 Restricted disclosed by the parties on Schedule 1.4 to this Agreement. The standard format of the Data is Extensible Markup Language (XML); any different formatting of the Data for permitted parties requires a Change Order (as defined in Section 2.2 below) for development. 1.5 The Equipment site locations shall be listed in Exhibit C. The Customer shall not be invoiced for a site until the Equipment installation is complete and data is being received as indicate in this Section. 2. TERM 2.1 Term. The term of this Agreement shall be for five (5) years, unless earlier terminated under the termination provisions of Section 7 (“Term”). 2.2 Change Orders. Customer may, by giving written notice to Vaisala at any time during the term of this Agreement; request changes to this Agreement (each a “Change Order”). Vaisala shall, within forty-five (45) business days of receipt of written notice from Customer, either (a) generate a Change Order , specifying the terms and conditions under which such services shall be performed, or (b) reject the requested change in a written instrument to Customer , in which case this Agreement shall continue in full force and effect unchanged. After receipt of the Change Order, Customer may elect to do one of the following: 1) accept the Change Order; or 2) withdraw the request, in which case this Agreement shall continue in full force and effect unchanged; or 3) terminate the Agreement for convenience in accordance with Section 7.1. Change orders may include orders by Customer for one or more additional RWS200 Road Weather Information Services (RWIS) remote processing unit (RPU) stations to be installed at different locations. Such additional orders shall trigger pricing adjustments for the Data as set forth in the Pricing Schedule attached as Exhibit A. 2.3 Effect of Termination or Expiration. In the event of expiration of this Agreement, or termination under Section 7, all fees due to Vaisala shall be paid in accordance with Section 7.4. 3. RESPONSIBILITIES 3.1 Vaisala Responsibilities. In addition to providing the Services as set forth in Section 1, Vaisala shall be responsible for the following: 3.1.1 Vaisala shall supply, install and commission the Equipment to provide the Services as set forth herein. The Equipment shall be installed on an existing fold over tower and/or light/signal pole to be provided by Customer as set forth in Section 3.2.1 below. Vaisala shall maintain full ownership of the equipment, and shall perform service and maintenance to the equipment at its own cost during the Term to ensure proper deliver of the Services. 3.1.2 Vaisala shall use commercially reasonable efforts to make the purchased Services available 24 hours per day, 7 days per week at an Average Monthly Uptime level of 95%. Average Monthly Uptime is defined as (# of data messages received) ÷ (# data 23 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 4 of 15 Restricted messages expected) as averaged on monthly basis. Excluded from the Average Monthly Uptime calculation are outages caused by (a) planned downtime of which Vaisala shall provide no less than 8 hours’ notice, (b) electrical failures, lack of access to the Equipment for repair or maintenance, or other delays covered under “Customer Responsibilities” listed in Section 3.2 below, (c) any Force Majeure event as described in Section 7.3, or (d) otherwise stated in the description of the Service. 3.1.3 Vaisala shall provide a ½ day webinar to Customer that will cover the functionality of the Software and the information which can be viewed by Customer. Vaisala and Customer shall determine the date for such webinar, and Customer shall provide user log-in information for the webinar as set forth in Section 3.2.4 below. 3.1.4 Vaisala shall provide technical support via the Vaisala help desk at no additional charge, and/or upgraded support if purchased separately. 3.1.5 During the Term of and for a period of at least one (1) year after completion of Vaisala’s obligations pursuant hereunder, Vaisala will maintain the following levels of insurance coverage with a reputable and financially sound insurance carrier: (a) workers’ compensation insurance as required by applicable law; (b) employer’s liability insurance with limits not less than US $1 million; and (c) Commercial General Liability, including Products (to cover the Equipment) and completed Operations and Contractual Liability, with a minimum combined single limit of US $2 million per occurrence. 3.1.6 Upon the end of the Term or any renewals of this Agreement, Vaisala shall remove the Equipment at no additional cost to the Customer, other than costs associated with providing an electrician on-site pursuant to Section 3.2.3 below. Vaisala shall make all commercially reasonable efforts to have minimal impact to the surrounding area when removing the Equipment. 3.1.7 Vaisala shall provide Customer all software updates to the System as such updates become available and are generally distributed by Vaisala. To the extent any of the equipment is subject to a recall or other required update (not including the availability of a newer version of any product), Vaisala shall make such necessary repairs, replacements or updates to such equipment without charge to the Customer 3.2 Customer Responsibilities . 3.2.1 Customer shall provide a standard fold over tower and/or light/signal pole that is at least fifteen (15) feet tall, which may be a stand-alone or existing traffic signal pole, at a location approved by Vaisala for Vaisala’s mounting of the Equipment. The location of the pole or tower must not be in a location where snow is likely to be thrown to the height of the mounted sensors. 3.2.2 Customer shall provide Vaisala right-of-way access for the mounting of the Equipment and any required maintenance during the Term without cost to Vaisala. If 24 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 5 of 15 Restricted any permits are required for the installation, commissioning or servicing of Equipment, Customer shall provide such permits to Vaisala without cost. Customer shall also provide traffic control and safety work zones for Vaisala’s installation, commissioning, and servicing of any part of the Equipment on or near an active roadway. If Vaisala requires a bucket truck for any installation, commissioning or servicing of Equipment, Customer shall provide the bucket truck without cost to Vaisala. 3.2.3 Customer shall provide and/or install electrical service to the Equipment, and shall provide an electrician on-site during the installation and removal of the Equipment. Ongoing support of the electrical services shall be the responsibility of Customer. Notwithstanding Section 1.1.3 above, if any fault in the delivery of Services is determined to be the result of a power failure, Vaisala will request that Customer investigate and confirm power availability. All electrical support shall be provided by Customer without charge to Vaisala. 3.2.4 Customer shall provide user log -in information for all attendees of the training webinar described in Section 3.1.2 above at least two (2) weeks prior to the scheduled date of the webinar. 3.2.5 Customer shall be responsible for its users’ compliance with this Agreement, and use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Vaisala promptly of any such unauthorized access or use, and use the Services only in accordance with the user guides and applicable laws and government regulations. Customer shall not (a) make the Services available to anyone other than authorized users, (b) sell, resell, rent or lease the Services. 4. INVOICES 4.1 Invoices. Invoices shall be due and payable by Customer to Vaisala net 30 days from the date of the invoice. The amount due on each invoice shall be as set forth in the Pricing Schedule attached hereto as Exhibit A. For purposes of the Software License, the amount due on each invoice shall be the “License Fee” as defined in the Software License. 4.2 Taxes and Duties. Unless stated otherwise, Vaisala shall be reimbursed for all taxes, duties and other levies charged to Vaisala or its personnel in the performance of the Agreement. 5. COPYRIGHT AND CONFIDENTIALITY 5.1 Copyright and Confidentiality. The copyright and other intellectual property rights in all Vaisala software, web displays, or documents furnished to Customer, shall at all times remain the property of Vaisala and neither the resources provided nor their contents shall be used without Vaisala's express prior written consent for any purpose other than for the purpose for which they were furnished. Customer shall not, without Vaisala's prior written consent, disclose, transfer, transmit or otherwise make available to a third party in any manner or form 25 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 6 of 15 Restricted whatsoever the resources or their contents or any information thereof which can permit the duplication or other utilization of them by any third party. 6. ASSIGNMENT 6.1 Assignment. Customer shall not be permitted to transfer or assign, in whole or in part, this Agreement or any rights or obligations hereunder except with the written authorization of Vaisala, which authorization shall not be unreasonably withheld. In the event of any permitted assignment or transfer of this Agreement or the obligations under this Agreement, the parties agree that such obligations shall be binding upon the assigning or transferring party’s executors, administrators and legal representatives, and the rights of assignor or transferor shall inure to the benefit of assignee or transferee. Any attempted transfer, assignment, sale or conveyance, or delegation in violation of this Section shall be null and void. 7. TERMINATION 7.1 Termination Without Cause. Either party may terminate this Agreement without cause, to be effective on the second, third or fourth anniversary of the Effective Date, provided the terminating party gives the other party written notice at least sixty (60) days prior to the end of the applicable anniversary of the Effective Date, subject to the availability of funds. Should funding not be available to continue the Agreement, the Customer shall give Vaisala written notice as commercially reasonable. In the event that Customer terminates the Agreement pursuant to this Section 7.1, there shall be a termination fee due and payable on the termination date of the Agreement equal to the fixed price per month applicable on the month prior to termination (as calculated according to Exhibit A) multiplied by six (6). 7.2 Termination for Cause. This Agreement may be terminated by either party should any of the following occur: 7.1.1 either party materially breaches any terms or provisions of this Agreement and fails to cure the same to the non-breaching party’s satisfaction within thirty (30) days of the date of receipt of such notice; 7.1.2 either party breaches, misuses or misappropriates any proprietary and/or confidential interest or right held by the other party; or 7.1.3 either party initiates bankruptcy proceedings, either under Chapter 7 or 11, or becomes insolvent or ceases to do business for sixty (60) days. 7.3 Force Majeure. Neither party shall be liable to the other for any loss or delay in the performance of a required obligation if such loss or delay is caused by acts of God, strike, riot, fire, flood, natural disaster, government action or inaction, war, terrorist attack, military hostilities, or other similar cause beyond such party’s control, provided that such party gives prompt written notice of such condition and resumes its performance as soon as possible. If such a condition continues for a period of 180 consecutive days, then this Agreement shall 26 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 7 of 15 Restricted be terminated without further liability or obligation by either party, except for those obligations that survive under this Agreement. 7.4 Effect of Expiration or Termination. In the event of expiration and/or termination, the period of termination shall start from the date specified in the notice by Customer or Vaisala. Customer shall not be obligated to pay for any Services rendered after the date of termination, except that Customer shall be responsible for non-cancellable expense or commitment amounts that occur after the termination date and that such amounts shall remain due, owing and payable after the date of termination. The parties acknowledge that any amounts paid to Vaisala shall be non-refundable. 7.5 Injunctive Relief. In the event of termination under Section 7.2, in addition to any other remedies, the non-breaching party may seek immediate injunctive relief and actual direct damages within the limitations of liability specified herein; except where otherwise stated in this Agreement. 8. DISPUTES / GOVERNING LAW 8.1 Notice of Dispute. In the event that a claim or dispute arises hereunder, the claim or controversy shall be reduced to writing by the aggrieved party and delivered to the non- aggrieved party pursuant to the notice provision set forth in Section 9.4. The non -aggrieved party shall be given thirty (30) days from the date of receipt of such writing to explain and/or remedy such claim or controversy to the aggrieved party’s satisfaction. 8.2 This section intentionally deleted. 8.3 This section intentionally deleted. 8.4 Choice of Law. This Agreement is made under and shall be constructed according to the laws of the State of Colorado, notwithstanding the applicability of the conflicts of laws rules of Colorado. 9. MISCELLANEOUS PROVISIONS 9.1 Cause of Action. No action, regardless of form, may be brought by either party more than two (2) years after the termination and/or expiration of this Agreement, except for those related to the confidential information and proprietary interests of the parties, respectively. 9.2 Independent Contractor. Vaisala represents and warrants that it is an independent contractor that makes its services available to the general public, has its own place of business and maintains its own sets of books and records, which reflect its own income and expenses. Further, Vaisala shall operate as an independent contractor and shall not represent itself as an agent, partner or joint venturer of Customer. Vaisala shall not obligate Customer in any manner, nor cause Customer to be liable under any agreement or under any other type of commitment. Alternately, Customer shall not obligate Vaisala in any manner, nor cause Vaisala to be liable under any agreement or under any other type of commitment. 27 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 8 of 15 Restricted 9.3 Amendments/Modifications. No amendment or modification of this Agreement shall be valid unless made in writing and signed by duly authorized representative off each part. The parties acknowledge that scanned or pdf signatures are fully binding and constitute a legal method of executing this Agreement. 9.4 Notice. Any notice required or permitted to be given under this Agreement shall be in writing and shall be either transmitted or facsimile or deposited in the mail, certified and return receipt requested with postage prepaid and addressed to the address set forth below: Contracts Manager Attention: Tim Kieffer Vaisala Inc. Public Works Director 194 S. Taylor Ave. Golden Valley Public Works Louisville, CO 80027 7800 Golden Valley Road Phone: (303) 499-1701 Golden Valley, MN 55427 Fax: (303) 499-1767 Phone: 763-593-3960 9.5 Export Compliance. The subject technology of this Agreement (including all data, articles and services provided hereunder) may be controlled for export purposes under the Export Administration Act of 1979 (50 USC 2401-2410), the Export Administration Regulations promulgated thereunder (15 CFR 768-799), the International Traffic in Arms Regulations (22 CFR 120-128 and 130) and the Foreign Corrupt Practices Act and their successor and supplemental laws and regulations (collectively the “Export Regulations”). Customer acknowledges that (1) these Export Regulations impose restrictions on the import, export and transfer of certain categories of data, articles and services to third countries and non- U.S. residents (including foreign persons working legally in the United States), and (2) licenses from the U.S. Department of State and/or the U.S. Department of Commerce may be required before such data, articles and/or related services can be exported and (3) such licenses may impose further restrictions on use and further disclosure of such data and articles. Customer agrees to comply with all U.S. Governmental regulations as they relate to the import, export and re-export of the subject technology hereof. Customer shall have full responsibility for obtaining any export licenses or authorization required to fulfill its obligations under this Agreement. 9.6 Entire Agreement. The Parties hereby agree that this Agreement, including all documents incorporated and attached hereto, shall constitute the entire agreement and understanding between the Parties regarding the subject matter hereof and shall supersede and replace any and all prior or contemporaneous understandings, communications, negotiations and understandings. 9.7 Survival. The obligations recited in the Sections listed below shall survive the expiration and/or termination of this Agreement: 1. Effect of Termination or Expiration 2. Copyright and Confidentiality 3. Effect of Expiration or Termination 4. Injunctive Relief 28 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 9 of 15 Restricted 5. Notice of Dispute 6. Arbitration 7. Choice of Law 8. Cause of Action 9. Independent Contractor 10. Notice 11. Disclaimer of Warranties (in the Terms) 12. Limitation of Liability (in the Terms) 13. Indemnity (in the Terms) [Signature pages follow.] 29 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 10 of 15 Restricted IN WITNESS WHEREOF, and in consideration of the mutual promises, covenants, and agreements set forth herein, the sufficiency of which is hereby acknowledged, the duly authorized representatives of Vaisala and Customer have executed this Agreement effective as of the effective date set forth above. VAISALA INC. Signature______________________________ Print__________________________________ Date__________________________________ City of Golden Valley By:______________________________ Roslyn Harmon, Mayor City of Golden Valley By:______________________________ Noah Schuchman, City Manager 30 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 11 of 15 Restricted Schedule 1.4 Permitted Parties Name of Permitted Party Mailing Address Primary Contact Phone Number Email Address [To be added by Customer, subject to Vaisala approval] 31 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 12 of 15 Restricted Exhibit A Pricing Schedule This is a firm fixed priced Agreement with a fixed price per month for the Services of $1,100 per month for such time that there is one RWS200 Road Weather Information Services (RWIS) remote processing unit (RPU) station ordered by Customer and installed by Vaisala. In the event Customer requests for one or more additional RWS200 Road Weather Information Services (RWIS) remote processing unit (RPU) stations to be installed and commissioned, then the monthly charge would be discounted for each additional installed RPU, such that the monthly charge for the Data shall be as follows: Standard Monthly Charge per RPU Number of RPU’s Discount Fixed Price per Month $1,100 1 0% $1,100.00 $1,100 2 2% $2,156.00 $1,100 3 3% $3,201.00 $1,100 4 4% $4,224.00 $1,100 5 5% $5,225.00 $1,100 6 6% $6,204.00 $1,100 7 7% $7,161.00 $1,100 8 8% $8,096.00 $1,100 9 9% $9,009.00 $1,100 10 10% $9,900.00 $1,100 11 11% $10,769.00 $1,100 12 12% $11,616.00 $1,100 13 13% $12,441.00 The discount is capped at 13%, even if the Customer orders 14 or more RPU’s. Customer will be invoiced monthly. Payment will be made in accordance with Section 4 of this Agreement. 32 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 13 of 15 Restricted Exhibit B Equipment • Data Collection and Processing System RWS200 Base Structure • DSC211 Remote Road Sensor • DST111 Remote Road Temperature Sensor • 10m Cable for DSC111/DSC211 or DST111 (2 EA) • Interface for 1 x DSC211RWS and 1 x DST111RWS • DTS12G Subsurface temperature sensor, 30m cable • Interface for single DTS12G sensor without DRS-interface • HMP155E Air T and RH sensor • DTR503A Radiation Shield for HMP155+Mounting Kit • M12 Connection Cable 10m • Interface for HMP155A/E Sensor with PWD • PWD12 Heated visibility/present weather sensor • Mast Cable 15 m PWD-Sensors • Interface for PWD12 sensor • WMT700 Transducer heated ultrasonic wind sensor • Connection Cable 10 M WMT70 • Bracket Kit D=60 for Sensor Arm Fixing • Interface for WMT700 sensor • Sensor arm and mounting frame for 80-600mm pole mast (no band or locks) • 1 x Axis PTZ Camera with Optics • 1 x Mounting Frame Kit with 10M Cable • Interface for 1pcs Axis PTZ Camera • US 4G Router for Verizon • BOX652SET enclosure and radiation shield • Enclosure mounting frame for 80 - 600mm pole mast (no band or locks) • Mains power with US socket 33 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 14 of 15 Restricted • 26Ah backup battery 34 Agreement Number____________________________ Vaisala, Inc. To be filled in by Contract Administrator 194 South Taylor Ave, Louisville CO 80027 Telephone: 1-303-499-1701; Fax: 303-499-1767 _________________________________________________________________________________________________________ Page 15 of 15 Restricted Exhibit C Equipment Site Locations Site Location Lat/Long 1 Winnetka Ave & Western Ave 93° 22' 49'' W44° 58' 44'' N 35 Exhibit A Notwithstanding anything to the contrary in the Data Services Agreement Summary, the General Conditions of Sale and Service of Vaisala Inc. (May 1, 2021 – DOC247981-A), and the Data Services Agreement (collectively the “Agreement”) the following terms and conditions shall apply to the Agreement between the parties and shall supersede and replace any conflicting terms and conditions in the Agreement. In the event of any inconsistency or conflict between the Agreement and this Exhibit A, this Exhibit A shall take precedence. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within ten business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 36 37 38 39 40 41 42 43 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 Agenda Item 3F.1. Adopt Resolution No. 25-011 to Apply for a Minnesota Pollution Control Agency (MPCA) Host Site for a MN GreenCorps Member 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 2025-2026 program year, the Minnesota Pollution Control Agency (MPCA) anticipates placing and supporting up to 58 full-time Minnesota 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 and hosting Minnesota GreenCorps members in the recent past. A Minnesota GreenCorps member first served at City Hall from September 2016 to August 2017 and focused on GreenStep Cities initiatives, assisted in developing the City’s Resilience & Sustainability Plan, and implementing the City’s Natural Resources Management Plan. The City also hosted Minnesota GreenCorps Members in 2019-2020, 2020-2021, 2021-2022, 2022-2023, 2023-2024, and the current 2024-2025 term. Members worked on the City’s recycling and organics programs, energy efficiency and greenhouse gas emissions reductions, multifamily outreach and engagement, and green infrastructure improvements, among other projects. If we apply and are selected by MPCA, the Minnesota GreenCorps member would serve on a full-time basis from September 2025 to August 2026. During their service term, the member would assist the City with its sustainability and environmental justice initiatives alongside other climate change reduction items and policies. If selected as a host site, the City is required to provide in-kind support in the form of staff supervision, office space and materials, mileage reimbursement or use of a City vehicle, safety gear, and training as needed. Staff is confident that the City has the capacity and staff experience to provide the required in-kind support. A resolution of support from City Council is required as part of the application process. Financial or Budget Considerations The GreenCorps provides a stipend to the selected member and the City is required to provide a training budget of at least $600 for the member along with a space, computer, and oversight from 44 staff. Adequate funding for the training is available in 7303.6411 for this purpose. Legal Considerations The City Attorney has not reviewed the Resolution Supporting Application to the Minnesota Pollution Control Agency for Minnesota GreenCorps Host Site; however, the Resolution was created using an approved template without changes to the template. Equity Considerations This item aligns with the inclusive community engagement pillar of the City's equity plan. The GreenCorps member serving with the City will be dedicated to doing outreach and education across the community, but will especially focus on engagement in environmental justice priority areas and at multifamily properties. By intentionally focusing on areas and communities that have historically been excluded or underserved, the service work of the GreenCorps member will advance equity in the city through inclusive community engagement. Recommended Action Motion to Adopt Resolution No. 25-011 Supporting Application to MPCA as a Minnesota GreenCorps Host Site. Supporting Documents Resolution No. 25-011 - Supporting Application for GreenCorps Host Site 45 RESOLUTION NO. 25-011 A RESOLUTION SUPPORTING APPLICATION TO MINNESOTA POLLUTION CONTROL AGENCY FOR MINNESOTA GREENCORPS HOST SITE WHEREAS, the City of Golden Valley is eligible to apply for the placement of one Minnesota Pollution Control Agency GreenCorps member at City Hall for the next program year (September 2025 – August 2026); and WHEREAS, the selected candidate would engage with staff, the Environmental Commission, and the community to work on sustainability initiatives and address environmental inequities during their service term; and WHEREAS, staff have reviewed all terms and conditions of this funding opportunity and find them to be satisfactory. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF GOLDEN VALLEY that this Council supports the submittal of an application to the Minnesota Pollution Control Agency for the placement of one Minnesota GreenCorps member at City Hall from September 2025 to August 2026. Adopted by the City Council of the City of Golden Valley, Minnesota this 18th day of February, 2024. ____________________________ Roslyn Harmon, Mayor ATTEST: ____________________ Theresa Schyma, City Clerk 46 EXECUTIVE SUMMARY Communications 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 Agenda Item 3F.2. Adopt Resolution No. 25-012 Accepting the In-Kind Donation of $3,402.50 from Stan Waldhauser Photography Prepared By Cheryl Weiler, Communications Director Summary The attached resolution is for acceptance of donations received for photography services from Jan 16, 2024 through Dec 17, 2024. The total for in-kind donations from Stan Waldhauser Photography is $3,402.50. Financial or Budget Considerations None Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to adopt Resolution No. 25-012 Accepting the In-Kind Donation of $3,402.50 from Stan Waldhauser Photography. Supporting Documents Resolution No. 25-012 - Accepting In-Kind Donation from Stan Waldhauser Photography Stan Waldhauser Itemized List of Donated Photography Services 2024 47 RESOLUTION NO. 25-012 RESOLUTION ACCEPTING THE IN-KIND DONATION OF $3,402.50 FROM STAN WALDHAUSER PHOTOGRAPY WHEREAS, the City Council adopted Resolution No. 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 or in-kind donation must be acknowledged and accepted by motion with a simple majority, and WHEREAS, the donation of professional photography services makes it possible for the City to more completely portray community life in City publications and productions. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley: 1. Accepts the following in-kind donations, totaling $3,402.50, on behalf of its residents: 24 hours of photography and post-production 5 8x10 prints of City Council members for display in City Hall Total: $3,402.50 2. Extends their heartfelt gratitude to Stan Waldhauser for generously donating his time and immense talent to the City of Golden Valley. Adopted by the City Council of Golden Valley, Minnesota this 18thday of February 2025. ATTEST: Roslyn Harmon, Mayor Theresa Schyma, City Clerk 48 Photo Photo Photo Post-Production Post-Production Post-Production Total Date Event Hours Rate Value Hours Rate Value Expenses Value Description 2024-01-16 Council portraits 2 150.00 300.00 1 75.00 75.00 375.00 2024-02-06 Police portraits 2 150.00 300.00 1 75.00 75.00 375.00 2024-02-06 Mayor's portraits 1 150.00 150.00 1 75.00 75.00 5.00 230.00 USB drive 2024-03-12 Mayor, Council prints 150.00 0.00 2 75.00 150.00 25.00 175.00 Prints 2024-08-06 Police portraits 2 175.00 350.00 1 100.00 100.00 450.00 2024-12-10 Staff portraits 6 175.00 1050.00 2 100.00 200.00 5.00 1255.00 USB drive 2024-12-17 Staff portraits 2.5 175.00 437.50 1 100.00 100.00 5.00 542.50 USB drive TOTAL 3402.50 49 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 Agenda Item 3G. Adopt Resolution No. 25-013 Approving the City Council 2030 Strategic Directives Prepared By Noah Schuchman, City Manager Kirsten Santelices, Deputy City Manager Summary The Council met on January 28, 2025 to discuss the strategic directives presented in the attached document. Legal Considerations This item does not require legal review. Equity Considerations The 2030 Strategic Directives were drafted to guide the Council's actions as they work intentionally to build a more inclusive and equitable community. Recommended Action Motion to adopt Resolution No. 25-013 approving the City Council 2030 Strategic Directives. Supporting Documents Resolution No. 25-013 - Approving the City Council 2030 Strategic Directives Exhibit A - 2030 Strategic Directives 50 RESOLUTION NO. 25-013 A RESOLUTION APPROVING THE CITY COUNCIL 2030 STRATEGIC DIRECTIVES WHEREAS, the City Council of the City of Golden Valley has had a visioning session on January 28, 2025 to discuss strategic directives for the City; and WHEREAS, cultivating stronger communities by prioritizing equitable, inclusive, and intentional goals in the areas of strategic (re)development, infrastructure maintenance and enhancement, effective governance management, financial wellness, and community affairs is an essential part of these strategic directives. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley, Minnesota that this Council adopts the City of Golden Valley 2030 Strategic Directives attached hereto as Exhibit A. Adopted by the City Council of the City of Golden Valley, Minnesota this 18th day of February, 2025. ____________________________ Roslyn Harmon, Mayor Attested: Theresa Schyma, City Clerk 51 Strategic (Re)Development • Pursue vibrant, identifiable community nodes, including a “downtown,” with diverse housing and retail options that attract and engage residents and visitors. • Foster a healthy mix of housing stock that accommodates various price points and life stages. • Ensure transparency and inclusivity in (re)development decision-making by intentionally partnering with residents, business owners, and visitors. • Cultivate a reputation as a supportive partner in (re)development efforts. • Retain and actively engage local businesses, recognizing their role as vital community members. • Prioritize the redevelopment of existing commercial and residential infrastructure to uphold our commitment to thoughtful stewardship of land and natural resources. Infrastructure Maintainance & Enhancement • Prioritize quality infrastructure designed to last, emphasizing environmental sustainability and climate resiliency. • Stay ahead of City infrastructure needs, prioritizing timely maintenance and replacement. • Strategically use park land to offer diverse amenities that fulfill community needs while advancing environmental goals. • Improve responsiveness to emerging safety and maintenance issues such as crosswalks, potholes, and curb cuts. Effective Governance & Management • Maintain our local control and ability to represent our community’s values and priorities. • Ensure effective City operations through strategic leadership and proactive planning that addresses current needs while ensuring longterm sustainability. • Enhance resident understanding about City projects and initiatives by clearly and regularly communicating trade-offs and the rationale behind investments. • Uphold transparency and accountability with the community, acknowledging mistakes and promptly addressing them. • Stay at the forefront of advancing equity and inclusivity by fostering strong, welcoming relationships with community, maintaining a workplace that fosters belonging and equitable outcomes, and embedding equity and inclusion into all City policies, initiatives, plans, and projects. • Create a workplace that attracts and retains talent by investing in staff development, engagement, and morale while promoting accountability and focusing on solutions to challenges. Page 1 | 2030 Strategic Directives 2030 Strategic Directives CITY OF GOLDEN VALLEY 52 Page 2 | 2030 Strategic Directives Financial Wellness • Increase the tax base to distribute the tax burden more evenly and better respond to emerging community needs. • Cultivate taxpayer confidence in our financial stewardship and the value of their investment by providing high-quality services, actively seeking alternative funding sources (grants, philanthropy, community partnerships), and transparently sharing our story. • Address the immense needs within a limited budget by planning strategically for future financial requirements and pursuing alternative funding sources. • Foster partnerships with nearby jurisdictions to collaboratively tackle infrastructure challenges affecting Golden Valley. Community Affairs • Prioritize inclusivity and engagement with ALL Golden Valley populations, co-creating initia- tives and regularly soliciting input. • Treat taxpayers as valued customers, fostering a community-centric approach that responds promptly to inquiries and keeps them up to date on progress. • Strengthen community identity through a sharpened brand, more community gatherings, and effective communication. • Build community understanding about local government functions and roles to manage expec- tations and help them effectively access the resources they need. • Leverage City events and projects to reflect our environmental values (eg, zero-waste, ze- ro-plastic community gatherings, etc). 2030 Strategic Directives CITY OF GOLDEN VALLEY 53 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting February 18, 2025 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 54 Review of Council Calendar Event Event Time Location FEBRUARY Sunday, February 23 West Metro Home Remodeling Fair 10:30 AM - 3:00 PM Eisenhower Community Center1001 MN- 7, Hopkins, MN MARCH Tuesday, March 4 HRA Meeting (if necessary)6:30 PM Council Chambers City Council Meeting 6:30 PM Council Chambers Thursday, March 6 Golden Valley Business Connections 8:00 AM - 9:30 AM MRA - The Management Association, 5980 Golden Hills Drive Sunday, March 9 Winter Market in the Valley (Indoors)10:00 AM – 1:00 PM Brookview Bassett Creek Room Tuesday, March 11 HRA Work Session (if necessary)6:30 PM Council Conference Room Council Work Session 6:30 PM Council Conference Room Saturday, March 15 Special City Council Meeting (Commissioner Interviews)11:00 AM Council Conference Room Tuesday, March 18 City Council Meeting 6:30 PM Council Chambers Thursday, March 20 Building An Equitable Golden Valley Quarterly Conversation: Disabilities 6:00 PM - 8:00 PM Workabilities, 7400 Laurel Ave 55