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2025-04-15 - AGE - City Council Regular Meeting April 15, 2025 — 6:30 PM Golden Valley City Hall Council Chambers 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Presentation of GVFD Life Saving Awards - Firefighter Chapman, Lieutenant Johnson, Firefighter Kennelly 1C.Proclamation for International Firefighters' Day on May 4, 2025 1D.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 Temporary On-Sale Liquor License - The Loppet Foundation 3D.Boards, Commissions, and Task Forces: 3D.1.Approve Board/Commission Appointments 3D.2.Adopt Resolution No. 25-025 Approving an Appointment to the Bassett Creek Watershed Management Commission 3D.3.Accept Resignation from the Environmental Commission 3E.Bids, Quotes, and Contracts: 3E.1.Approve Contract for Native Vegetation Management with RES Great Lakes LLC 3E.2.Approve Purchase of Thermal Imaging Cameras for Fire Department 3E.3.Approve Two Year Professional Services Agreement with LE-AST Services/Counseling CITY COUNCIL REGULAR MEETING AGENDA Members of the public may attend this meeting in-person, by watching on cable channel 16, or by streaming 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 April 15, 2025 — 6:30 PM 1 3F.Grants and Donations: 3F.1.Adopt Resolution No. 25-026 Accepting the Medley Garden Compost Donation from the University of Minnesota Extension Master Gardener 3F.2.Adopt Resolution No. 25-027 Accepting Various Donations for Police Department Staff to Attend Out-Of-State Conference and Trainings 3G.Adopt Resolution No. 25-028 Approving Establishment of a Fire Escrow Account 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 April 15, 2025 — 6:30 PM 2 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 1B. Presentation of GVFD Life Saving Awards - Firefighter Chapman, Lieutenant Johnson, Firefighter Kennelly Prepared By Maria Jimenez, Administrative Assistant Bethany Brunsell, Fire Chief Summary On the afternoon of April 4, GVFD was called for an adult male with an altered mental status who was swimming, struggling, and occasionally going under water in the pond next to Resideo. The on-shift duty crew, comprised of Lieutenant Casey Johnson, Firefighter Matt Chapman and Firefighter Jon Kennelly, knowing additional resources would likely not arrive on time, grabbed appropriate equipment and quickly arrived ready to enact a water rescue. Lt. Johnson donned a water rescue suit and Chapman and Kennelly tended the rope line and assisted pulling the man on shore. The three worked together and rescued the party, who was neither compliant nor able to respond to verbal directions. To these Fire Department members it wasn't a big deal, it is what they do. Without a doubt, Lt. Johnson, FF Chapman, and FF Kennelly saved the man’s life. Financial or Budget Considerations Financial or Budget Considerations not required for this item. Legal Considerations Legal Considerations not required for this item. Equity Considerations Equity Considerations not required for this item. Recommended Action Fire Chief Brunsell will present GVFD Life Saving Awards for actions taken in the line of duty by GVFD members Firefighter Matt Chapman, Lieutenant Casey Johnson and Firefighter Jon Kennelly, to save a man from drowning. 3 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 1C. Proclamation for International Firefighters' Day on May 4, 2025 Prepared By Maria Jimenez, Administrative Assistant Bethany Brunsell, Fire Chief Summary Proclaiming May 4, 2025 International Firefighters’ Day is in alignment of the City’s long history of dedication and investment in the safety of its citizens, employees and guests through its strong support of the Golden Valley Fire Department. International Firefighters’ Day is a time where the world’s community can recognize and honor the sacrifices that firefighters make to ensure that their communities and environment are as safe as possible, and a day where we can thank current and past firefighters for their contributions. Financial or Budget Considerations Financial/Budget Considerations not required for this item. Legal Considerations Legal Review is not required for this item. Equity Considerations Equity review is not required for this item. Recommended Action Present proclamation honoring International Firefighters' Day on May 4, 2025. Supporting Documents Proclamation - International Firefighters Day 2025 4 PROCLAMATION FOR INTERNATIONAL FIREFIGHTERS’ DAY WHEREAS, International Firefighters’ Day is observed each year on May 4th to honor and remember past firefighters who have lost their lives while serving their communities, to express gratitude to those that have served in this line of work, and to show support and appreciation for those who presently serve; and WHEREAS, firefighters dedicate their lives to the protection of life and property; and WHEREAS, regardless of the language a firefighter speaks, or the country in which they reside, all firefighters fight against the same enemy – fire; and WHEREAS, firefighters follow a long line of tradition and honor that inspires them to help colleagues, neighbors and strangers alike; and WHEREAS, at a moment’s notice, firefighters are quick to respond to uncertain situations to mitigate danger and combat the threat of destructive fire in order to protect individuals, families, and the economic being of our community; and WHEREAS, the demands of firefighting are accompanied by both personal and physical tolls that all firefighters knowingly accept while risking their lives to protect the lives of others; and WHEREAS, the Golden Valley City Council has demonstrated a long history of dedication and investment in the safety of its citizens, employees and guests through its strong support of the Golden Valley Fire Department. NOW, THEREFORE, let it be known, that the Mayor and City Council of the City of Golden Valley hereby recognize May 4, 2025 as International Firefighters’ Day and ask all to join in remembering the fallen and those still serving their communities and urge all citizens to express appreciation by showing our gratitude to firefighters everywhere. IN WITNESS WHEREOF, I Roslyn Harmon, Mayor of the City of Golden Valley, have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 4th day of May, 2025. __________________________ Roslyn Harmon, Mayor 5 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 1D. New Employee Introductions Prepared By Elinorah SINYEMBO, Executive Assistant Summary This is meeting will include the following new employee introductions: Community and Economic Development Director, Emily Goellner, will introduce Chloe McGuire, Deputy Community Development Director, and Gunnar Laughlin, GreenCorps member. Fire Chief, Bethany Brunsell, will introduce full time firefighters Matt Chapman and Jon Kennelly. Golf Operations Manager, Ben Disch, will introduce Brian Haley, Golf Course Superintendent and Ryan Wigdahl, Golf Course Assistant Superintendent. 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 Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 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 : April 1, 2025 Regular City Council Meeting April 8, 2025 Special 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. 7 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 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: http://weblink.ci.golden- valley.mn.us/WebLink/Browse.aspx?id=1060600&dbid=0&repo=GoldenValley The check register(s) for approval: 04-02-2025 Check Register 04-09-2025 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. 8 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 3C.1. Approve Temporary On-Sale Liquor License - The Loppet Foundation Prepared By Theresa Schyma, City Clerk Summary The Loppet Foundation has applied for a temporary on-sale liquor license for an event at the Theodore Wirth Park Trailhead on Saturday, April 26, 2025. The foundation is an event partner for the 2025 Strib Unbound: Outdoor Adventure For All. Per the website, the event is a way to "celebrate the abundant natural resources and recreation opportunities available in Minnesota. Strib Unbound aims to offer a family-friendly environment free of barriers, open to anyone passionate about the great outdoors or simply interested in having a good time with friends and family in an outdoor setting." 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 This item does not require equity review. Recommended Action Motion to approve a temporary on-sale liquor license for The Loppet Foundation, 1221 Theodore Wirth Parkway, for an event on Saturday, April 26, 2025. 9 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 3D.1. Approve Board/Commission Appointments Prepared By Elinorah SINYEMBO, Executive Assistant Summary On a staggered basis, each year, terms end for various members of City boards and commissions on April 30, creating vacancies to be filled. As a result, the City Council conducts interviews with candidates who have applied to serve on a board or commission. Attached is the list of vacancies to be filled and the list of appointments as decided by the City Council at the special meeting held on April 8, 2025. Legal Considerations This item does not require legal review. Equity Considerations As a general guideline, each board or commission should be comprised of a diverse population representing a wide range of groups and interests. Furthermore, appointing new commission members fits within the City's Equity Plan as it promotes inclusive community engagement. Recommended Action Motion to approve the following appointments and reappointments. Supporting Documents April 2025 - Boards and Commissions Vacancies and Interviews April 2025 - List of Appointments 10 Current Vacancies Note: The open seats in each commission that are highlighted in yellow will still be considered vacancies after appointments are made on Tuesday, April 15, 2025. BOARD OF ZONING APPEALS TERM DATE Youth Vacancy, September 2025 September 30, 2026 PLANNING COMMISSION TERM DATE Vacancy, April 2025 April 30, 2028 Youth Vacancy, September 2025 September 30, 2026 PEACE COMMISSION TERM DATE Vacancy, April 2024 April 30, 2027 Youth Vacancy, September 2025 September 30, 2026 COMMUNITY SERVICES COMMISSION TERM DATE Youth Vacancy, September 2025 September 30, 2026 DEI COMMISSION TERM DATE Vacancy, April 2023 April 30, 2026 Youth Vacancy, September 2025 September 30, 2026 ENVIRONMENTAL COMMISSION TERM DATE Vacancy, April 2024 April, 2027 Vacancy, April 2025 April, 2028 OPEN SPACE AND RECREATION COMMISSION TERM DATE Vacancy, April 2024 April 30, 2027 Vacancy, April 2025 April 30, 2028 Youth Vacancy, September 2025 September 30, 2026 11 LIST OF CONSIDERATIONS CANDIDATE BOARD/COMMISSION INTERVIEW DATE James Johnson BCWMC 03/15/2025 Wendy Weirich BCWMC 03/15/2025 Adam Wold EC, OSRC, PC or PEACE 04/08/2025 Amy Keyser OSRC or PEACE 04/08/2025 David Hill OSRC or PC 04/08/2025 Jonas Courneya OSRC 04/08/2025 INTERVIEW SCHEDULE TIME CANDIDATE REQUESTED COMMISSION 5:00 PM Adam Wold EC, OSRC, PC or PEACE 5:15 PM David Hill OSRC or PC 5: 30 PM Jonas Courneya OSRC 5:45 PM Amy Keyser OSRC or PEACE Discussion Time: 6:00 PM 12 LIST OF APPOINTMENTS BASSETT CREEK WATERSHED MANAGEMENT COMMISSION TERM DATE Wendy Weirich February 1, 2027 ENVIRONMENTAL COMMISSION TERM DATE Adam Wold April 30, 2027 PEACE COMMISSION TERM DATE Amy Keyser April 30, 2027 OPEN SPACE AND RECREATION COMMISSION TERM DATE Jonas Courneya April 30, 2027 PLANNING COMMISSION TERM DATE David Hill April 30, 2028 13 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 3D.2. Adopt Resolution No. 25-025 Approving an Appointment to the Bassett Creek Watershed Management Commission Prepared By Eric Eckman, Environmental Resources Supervisor Summary In accordance with Minnesota Statutes and the bylaws of the Bassett Creek Watershed Management Commission (BCWMC), the City Council may appoint by resolution a Commissioner and an Alternate Commissioner to represent the City of Golden Valley on the BCWMC. The BCWMC is an organization formed through a joint powers agreement charged with managing storm water to protect persons and property from flooding and to protect and preserve the water quality of lakes, streams and wetlands of the Haha Wakpadan / Bassett Creek Watershed and downstream receiving waters. The City advertised for the Alternate Commissioner position this winter. City Council recently interviewed candidates and selected Wendy Weirich to serve as the City's next Alternate Commissioner. If approved, Wendy Weirich would serve the remainder of the term ending on February 1, 2027. Financial or Budget Considerations None Legal Considerations The City Attorney has reviewed and approved the resolution. Equity Considerations Consistent with the City's diversity, equity, and inclusion in practice statements and equity lens, it is important to actively engage with the community to enhance our partnerships in order to strengthen and create resilient, relevant, and reflective infrastructure. This includes engaging and building commissions that reflect the community we serve and understand the impacts of the BCWMC's work. Wendy Weirich brings a wealth of knowledge and experience to this role with their background in outdoor education and programming, conservation, and citizen science. Recommended Action 14 Motion to adopt Resolution No. 25-025 appointing Wendy Weirich as Alternate Commissioner to the Bassett Creek Watershed Management Commission. Supporting Documents Resolution No. 25-025 Appointing BCWMC Alternate Commissioner 15 RESOLUTION NO. 25-025 RESOLUTION APPOINTING WENDY WEIRICH AS ALTERNATE COMMISSIONER TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, the City of Golden Valley is a member of the Bassett Creek Watershed Management Commission (the “BCWMC”); and WHEREAS, the BCWMC serves as the duly constituted watershed management organization for the Bassett Creek watershed pursuant to the Metropolitan Surface Water Management Act, and is charged with responsibility for the management of storm water to protect persons and property from flooding and to protect and preserve the water quality of lakes, streams and wetlands of the Ȟaȟá Wakpádaŋ / Bassett Creek Watershed and downstream receiving waters; and WHEREAS, the City of Golden Valley has adopted a Joint Powers Agreement joining the BCWMC; and WHEREAS, every three years the City Council appoints a Commissioner and Alternate Commissioner to represent the City of Golden Valley on the BCWMC; and WHEREAS, the City of Golden Valley’s Alternate Commissioner position has been vacant since November 17, 2024; and WHEREAS, Wendy Weirich has applied to serve as Alternate Commissioner for the remainder of the three-year term ending February 1, 2027 and the City Council has interviewed them and found them to be qualified to serve in the role. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that Wendy Weirich is hereby appointed as Alternate Commissioner to the Bassett Creek Watershed Management Commission. Adopted by the City Council of Golden Valley, Minnesota this 15th day of April 2025. ____________________________ Roslyn Harmon, Mayor ATTEST: _______________________________ Theresa Schyma, City Clerk 16 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 3D.3. Accept Resignation from the Environmental Commission Prepared By Elinorah SINYEMBO, Executive Assistant Summary Commissioner Kari Cantarero has submitted a resignation from the Environmental 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 Kari Cantarero from the Environmental Commission, effective March 24, 2025. 17 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 3E.1. Approve Contract for Native Vegetation Management with RES Great Lakes LLC Prepared By Eric Eckman, Environmental Resources Supervisor Summary As part of its ongoing commitment to water quality and natural resources, the City of Golden Valley has established native vegetation buffers adjacent to ponds, wetlands, and streams in the community. The buffers protect critical stormwater infrastructure, improve water quality and ecological diversity, and provide habitat for pollinators and other wildlife. Native vegetation buffers are required to be established and maintained in accordance with state and local laws. Staff recommends approving this contract with RES Great Lakes LLC to routinely inspect native vegetation buffers and perform site-specific management based on the unique conditions of each site listed in the contract documents. Vegetation management techniques include integrated plant management, native vegetation seeding, dormant mowing, and controlled burns to remove invasive and noxious species and promote long-term establishment of native vegetation. Quotes were received on March 28, 2025 and are listed below: RES Great Lakes LLC $116,248.00 Natural Shore Technologies $135,332.80 Landbridge Ecological, Inc.$167,373.00 Native Resource Preservation, LLC $214,536.20 Financial or Budget Considerations The recommended contract is in the amount of $116,248.00 and is included in the 2025 Environmental Control operating budget (7303). This budget allocates up to $150,000 for native vegetation management. Legal Considerations The City Attorney has reviewed and approved the contract for Native Vegetation Management. Equity Considerations The City's ongoing work to establish and maintain native vegetation buffers is consistent with the 18 City's diversity, equity, and inclusion in practice statements and equity lens, supporting programs and services that help address and alleviate disparities. Native vegetation buffers are located near water bodies and provide numerous environmental benefits to the community including ecological diversity, wildlife habitat, clean air, and clean water. Increasingly, more buffers are being established within the City’s Environmental Justice Priority Areas and Green Corridors, emphasizing the importance of holistic planning, prioritization, and investment in green infrastructure and quality open spaces. Clean water and healthy ecosystems benefit all community members, especially those who have been impacted most and contribute the least to environmental harms. A request for quotes was sent to 102 companies and organizations. These organizations include 90 certified Disadvantaged Business Enterprises listed in the Minnesota Unified Certification Program (MnUCP) and Central Certification Program (CERT) and 6 community organizations that work with minority-owned and women-owned businesses. Recommended Action Motion to Approve Contract for Native Vegetation Management with RES Great Lakes LLC. Majority vote needed. Supporting Documents Native Vegetation Management Contract 19 1 CONTRACT FOR LOCAL IMPROVEMENT THIS AGREEMENT is made this 15th day of April, 2025 (the “Effective Date”) by and between RES Great Lakes LLC, an ecological restoration company located at 6575 West Loop South, Suite 300, Bellaire, TX 77401 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of ecological restoration and management. B. The City desires to hire Contractor to provide native vegetation landscaping and management. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2. Time for Completion. Contractor shall commence Work not later than April 21, 2025. Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s authorized agent on or before November 30, 2025 (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. The consideration, which the City shall pay to Contractor, shall not exceed $116,248.00. The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty-five (35) days after receiving a statement from Contractor. 20 2 4. Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the Work. 5. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 6. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. In the event of a conflict between this Agreement and an Exhibit to this Agreement, this Agreement shall control. 7. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 8. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 9. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 21 3 10. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 11. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 12. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. Reasonable time will be defined by the City and may be based on applicable Federal, State, and local regulatory criteria and compliance schedules, or based on a schedule needed to perform corrections in accordance with industry standards of care. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be 22 4 commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 13. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 14. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 15. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 16. 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. 17. 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; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 23 5 18. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products -completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 19. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 20. Performance and Payment Bond. Prior to Commencement of the Work, Contractor shall make, execute and deliver to the City corporate surety bonds in a form acceptable to the City, in the sum of $116,248.00 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. 24 6 21. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 22. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 23. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 24. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor and supersede any other written or oral agreements between the City and Contractor. 25. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 26. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 25 7 27. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 28. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 29. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 30. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 31. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 32. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Eric Eckman, Environmental Resources Supervisor, or designee. Contractor’s authorized agent for purposes of administration of this contract is Matt Lasch, Minnesota Operations Manager, or designee who shall perform or supervise the performance of all Work. 33. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: 26 8 CONTRACTOR THE CITY RES Great Lakes LLC Matt Lasch, Minnesota Operations Manager 6575 West Loop South Suite 300 Bellaire, TX 77401 mlasch@res.us City of Golden Valley Eric Eckman, Environmental Resources Supervisor 7800 Golden Valley Road Golden Valley, MN 55427 eeckman@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 34.Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 35.Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 36.Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 37.Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 38.Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not 27 9 authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 39. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 40. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. RES Great Lakes LLC : CITY OF GOLDEN VALLEY: By: _________________________________ Name: Matt Lasch Title: Minnesota Operations Manager By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 28 EXHIBIT A SCOPE OF WORK As part of its ongoing commitment to water quality, and the care and protection of the natural environment, the City of Golden Valley has established native vegetation buffers around numerous ponds, wetlands, and streams in the community. These buffers protect critical stormwater infrastructure, improve water quality and ecological diversity, and provide habitat for pollinators and other wildlife. Buffers are located adjacent to water bodies, and are required to be provided and maintained in accordance with state and local laws. Increasingly, many of these buffers are located within the City’s Environmental Justice Priority Areas and Green Corridors, emphasizing the importance of holistic planning, prioritization, and investment in buffers and green infrastructure. Clean water and healthy ecosystems benefit all community members, especially those who have been impacted most and contribute the least to environmental harms. Management of the buffers includes integrated plant management, native vegetation seeding, dormant mowing, and controlled burns to remove invasive, noxious, and undesirable vegetation, collectively promoting the successful long-term establishment of native vegetation. 1. Work. The Work shall include furnishing all labor, tools, materials, and equipment to restore, enhance, and maintain native vegetation buffers and landscapes at the locations shown on the site maps included in this Exhibit A. The Work shall occur throughout the growing season as specified in Exhibits B and C. The Work shall include the following: A. Integrated Plant Management (IPM) – Perform a combination of hands-on management techniques used during the growing season. IPM tasks may include but are not limited to: hand pulling and cutting; complete site mowing; spot mowing; line trimming; spot burning; spot treatment; and woody plant management including removal and stump treatment. B. Dormant Mows – Perform a dormant mow of an entire site to control annual weeds and promote the successful long-term establishment of native vegetation. Dormant mows shall be conducted in early spring, after prairie seeds have fallen and prior to undesirable species producing seed, unless otherwise approved by the City’s authorized agent. C. Controlled Burns – Conduct controlled burns to replicate the natural and beneficial process of fire, promote the growth of native plants, and control weeds. Burns shall only be conducted by trained, certified personnel after obtaining the proper permits and notifying the Fire Department, 911 dispatchers, and adjacent properties as specified in Exhibit B. D. Native Vegetation Seeding – Perform seeding or inter-seeding as directed by the City, generally based on the density and extents of native vegetation. 2. Location. Site location maps are in Exhibit A. 3. Contract Time. The Work shall commence no later than April 21, 2025, and conclude on or before November 30, 2025. 29 INDEX MAP 30 CITY OF NEW HOPE CITY OF CRYSTAL CITY OF ROBBINSDALE CITY OF MINNEAPOLISCITY OF ST. LOUIS PARK CITY OF MINNEAPOLISCITY OFST. LOUIS PARKCITY OF ROBBINSDALECITY OF CRYSTAL CITY OF ST. LOUIS PARK CITY OF NEW HOPE CITY OF PLYMOUTHCITY OF MINNEAPOLISCITY OF ST. LOUIS PARKCITY OFPLYMOUTHWinnetka Ave SWinnetka Ave NWinnetka Ave NDouglas Dr NDouglas Dr NMedicine Lake Rd Glenwood AveMendelssohn Ave NPlymouth Ave N 10th Ave N 7thAve Boone Ave NWisconsin Ave NNevada Ave NGeneralMillsBlvdG o ld e n V alleyRdRhodeIslandSandburg Rd Betty CrockerDr WayzataBlvd Country Club Dr Harold Ave Laurel Ave Louisiana Ave SJersey AveFloridaAve SGolden Hills DrZane Ave NS Frontage Rd TurnersCrossroad NMeadow Ln NNoble Ave NHampshireAve SW ayza ta Blvd Zenith Ave NTheod o r eWirthPkwyDecatur Ave NWayza t a Blvd Duluth S t G o l d e n Va lle yRd AveNG o l d e n Val ley Rd Pennsylvania Ave SWayzataBlvd XeniaAveSOlson Memorial HwyN Frontage Rd Lilac Dr N456766 456770 456766 456740 456740 4567156 4567102 §¨¦394 §¨¦394 Æÿ55Æÿ55 Æÿ100 Æÿ100 £¤169 £¤169 38 40 36 29 2 7 8 11 16 4 37 30 20 12 21 6 13 22 27 19 23 31 17 26 33 159 5 18 39 32 14 10 3 35 1 28 25 34 24 Vegetated BufferMaintenance 0 1,800 3,600900 Feet IPrint Date: 1/14/2025Sources:-Hennepin County Surveyors Office for Property Lines (2024).-City of Golden Valley for all other layers. Managed Buffer 1 Adeline Nature Area 2 Bassett Creek Nature Area 3 Bassett Creek and Winnetka 4 Boone Ave Pond and Berm 5 Briarwood Nature Area 6 Briarwood-Dawnview Pond 7 Brookview Park Ponds 8 General Mills Nature Preserve 9 Golden Meadows Pond 10 Golden Ridge Pond 11 Golden Hills Pond 12 Hampshire Pond 13 Madison Pond 14 Meadow Lane Woods Pond 15 Minnaqua Pond and Creek 16 Minnaqua Wetland 17 North Tyrol Park 18 Perry Ave Pond 19 Regent and Westbend 20 Scott Ave Pond 21 Schaper Park 22 South Tyrol Pond 23 Sweeney Branch Streambank 24 Winnetka and Hwy 55 25 Xenia Avenue Pond and Wetland 26 St Croix Trail 27 Honeywell Pond 28 Paisley Park Rain Garden 29 Brookview Ponds N and O 30 The Liberty 31 Talo Pond 32 Brookview Community Center 33 Brookview Driving Range 34 Olympia Filtration Basin 35 Georgia Pond 36 DeCola Ponds B and C 37 Brookview Ponds F and G 38 Douglas Dr Pollinator Plot 39 Pennsylvania Woods 40 23rd Ave Filtration Basin 31 SITE LOCATION MAPS 32 0.17 acresAAd d eelliinneeLLnn 910910 924924 0 40 8020 Feet IBuffer Maintenance, Site 1Adeline Nature Area Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 33 6.44 acres Vale Crest RdVale Crest RdZZaanneeAAv v ee N N DDuulluutthh SSttAAddaaiirrAAvveeNN 57505750 19501950 19701970 20002000 20102010 2155215521602160 21302130 20202020 20402040 59105910 59305930 21252125 57355735 57255725 0 120 24060 Feet IBuffer Maintenance, Site 2Bassett Creek Nature Area Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 34 0.16 acres Winnetka Ave NWinnetka Ave N1100tthh AAvvee NN 830830 950950 0 40 8020 Feet IBuffer Maintenance, Site 3Bassett Creek and Winnetka Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 35 1.36 acresBBoooonneeAAvveeNN SS tt aa tt ee HH ww yy 55 55 GGoollddee nn VVaa ll ll ee yy RR dd 600600 730730 85258525 710710 0 80 16040 Feet IBuffer Maintenance, Site 4Boone Ave Pond and Berm Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 36 0.58 acres Un i t y A v e N Un i t y A v e N DD aa ww nn vv ii ee ww TT ee rrLLi i l l aa cc D D rr N NState Hwy 100State Hwy 10053605360 53205320 26002600 0 100 20050 Feet IBuffer Maintenance, Site 5Briarwood Nature Area Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 37 0.52 acres SSccoottttAAvveeNNDDaa ww nn vv ii ee ww TT ee rr 53605360 53205320 53005300 53805380 0 60 12030 Feet IBuffer Maintenance, Site 6Briarwood-Dawnview Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 38 2.12 acres WWiinnnneettkkaaAAvveeNNHarold AveHarold AveBBrrooookkvviieewwPPkkwwyyNN 78407840 78307830 300300 200200 200200 100100 0 150 30075 Feet IBuffer Maintenance, Site 7Brookview Park Ponds Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 39 5.49 acres SS tt aa tt ee HH ww yy 55 55 BB ee tt tt yy CC rroocckkee rr DDrr 92019201 91479147 91419141 91439143 92009200 9131B9131B 9131C9131C 0 150 30075 Feet IBuffer Maintenance, Site 8General Mills Nature Preserve Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 40 BB eettttyyCC rroocckkeerrDD rrHwy 1 6 9Hwy 1 6 9RampRamp Patch of possible non-native reeds called Phragmites Area Managed by Native Veg Contractor 92009200 0 60 12030 Feet IBuffer Maintenance, Site 8General Mills Nature Preserve Sources: Print Date: 4/5/2024-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2022).-City of Golden Valley for all other layers. 41 0.11 acres VVaa llddee rrss CCtt 7920792079407940 79607960 79017901 7925792579557955 0 40 8020 Feet IBuffer Maintenance, Site 9Golden Meadows Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 42 0.18 acres Naper StNaper St GGeettttyyssbbuurrggCCtt0 30 6015 Feet IBuffer Maintenance, Site 10Golden Ridge Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 43 1.06 acres Golden Hills DrGolden Hills Dr 60756075 0 50 10025 Feet IBuffer Maintenance, Site 11Golden Hills Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 44 0.51 acresLLoouuiissiiaannaaAAvveeNNArcher Ave NArcher Ave N Olympia StOlympia St 0 50 10025 Feet IBuffer Maintenance, Site 12Hampshire Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 45 0.67 acres Sandburg RdSandburg Rd 71007100 0 40 8020 Feet IBuffer Maintenance, Site 13Madison Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 46 0.11 acres 41154115 99 0 30 6015 Feet IBuffer Maintenance, Site 14Meadow Lane Woods Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 47 0.33 acres WW ee ssttbbeennddRRdd MM iinn nnaaqquuaaDDrrTToolleeddoo AA vv ee N N 2149214921102110 51295129 51255125 51015101 21072107 21502150 21152115 21212121 21202120 0 80 16040 Feet IBuffer Maintenance, Site 15Minnaqua Pond and Creek Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 48 1.6 acres UU nniittyyAAvveeNNTToolleeddooAAvvee NN MM ii nn nn aa qquuaa DDrr 52185218 0 50 10025 Feet IBuffer Maintenance, Site 16Minnaqua Wetland Sources: Print Date: 1/31/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2025).-City of Golden Valley for all other layers. 49 0.59 acres TT yyrroollTTrr Ravine TrRavine TrWestwo o d D r S Westwo o d D r S 900900 816816 0 40 8020 Feet IBuffer Maintenance, Site 17North Tyrol Park Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 50 0.18 acres 31253125 31423142 31243124 0 40 8020 Feet IBuffer Maintenance, Site 18Perry Ave Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 51 1.09 acres Regent Ave NRegent Ave NWWeessttbbeennddRRdd SSccoottttAAvveeNN20212021 49814981 20312031 0 50 10025 Feet IBuffer Maintenance, Site 19Regent and Westbend Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 52 0.73 acres HHaa mm ppttoonn RRddSSccoottttAAvvee NN 26002600 26602660 0 50 10025 Feet IBuffer Maintenance, Site 20Scott Ave Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 53 1.67 acres SS cchhaa ppee rr RRdd SSttaattee HHwwyy 5555 OOllssoonn MMeemmoorrii aa ll HH ww yyFF rroo nnttaaggeeRRdd631631 48414841 910910 49204920 49504950 48004800 0 150 30075 Feet IBuffer Maintenance, Site 21Schaper Park Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 54 0.36 acresAAllppiinneePPaassssTTyyrroollTTrr 13451345 13201320 13241324 0 40 8020 Feet IBuffer Maintenance, Site 22South Tyrol Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 55 0.41 acres KK iinn gg CC rree ee kkRRdd130130 135135 215215210210 150150 155155 0 60 12030 Feet IBuffer Maintenance, Site 23Sweeney Branch Streambank Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 56 0.23 acres WWiinnnneettkkaaAAvveeNN440440 0 50 10025 Feet IBuffer Maintenance, Site 24Winnetka and Hwy 55 Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 57 2.19 acres XXeenniiaaAAvveeSSLaurel AveLaurel Ave 300300 0 80 16040 Feet IBuffer Maintenance, Site 25Xenia Avenue Pond and Wetland Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 58 0.76 acresAAddaaiirrAAvv ee NN Duluth LnDuluth Ln WWoollffbbeerrrryy LLnn Duluth StDuluth St 592059205930593059405940 58505850 60206020 5901590159255925 59555955 60056005 59205920 590059005950595060006000 18601860 6005600560156015 18801880 60006000 19101910 19211921 19201920 5801580158515851 0 120 24060 Feet IBuffer Maintenance, Site 26St Croix Trail Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 59 0.8 acres DDoouuggllaassDDrrNN0 60 12030 Feet IBuffer Maintenance, Site 27Honeywell Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 60 0.07 acres Paisley LnPaisley LnSk i H i l l R d Sk i H i l l R d MMeeaannddeerrRRdd234234 220220 0 30 6015 Feet IBuffer Maintenance, Site 28Paisley Park Rain Garden Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 61 2.18 acres SSttaattee HHwwyy 5555 0 150 30075 Feet IBuffer Maintenance, Site 29Brookview Ponds N and O Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 62 1.23 acres Medicine Lake RdMedicine Lake Rd RRhhooddeeIIssllaannddAAvveeNN24002400 25102510 25202520 25302530 25402540 0 60 12030 Feet IBuffer Maintenance, Site 30The Liberty Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 63 0.28 acres 50015001 50505050 0 40 8020 Feet IBuffer Maintenance, Site 31Talo Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 64 0.3 acres BBrrooookkvviieewwPPkkwwyySS100100 0 50 10025 Feet IBuffer Maintenance, Site 32Brookview Community Center Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 65 0.4 acres BBrrooookkvviieewwPPkkwwyy SS FFiieellddDDrrWW aayy zz aa tt aa BBllvvddIInntteerrssttaatteeHHwwyy339944 0 50 10025 Feet IBuffer Maintenance, Site 33Brookview Driving Range Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 66 0.69 acres Olympia StOlympia StMendelssohn Ave NMendelssohn Ave NIndependence Ave NIndependence Ave N94059405 15321532 1601160194509450 1605160516041604 16091609 16081608 1613161316121612 0 40 8020 Feet IBuffer Maintenance, Site 34Olympia Filtration Basin Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 67 0.21 acresGle n w o o d A v e Gle n w o o d A v eGGeeoorrggiiaaAAvveeNN 65206520 200200 0 30 6015 Feet IBuffer Maintenance, Site 35Georgia Pond Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 68 4.56 acres Kelly DrKelly DrPP ee nn nn ssyyllvvaanniiaaAAvveeNNRR hh ooddeeIIssllaannddAAvveeNN22202220 21452145 22402240 21552155 23012301 24002400 2436243624142414 24582458 24762476248624862520252025642564 25002500 24002400 0 150 30075 Feet IBuffer Maintenance, Site 36DeCola Ponds B and C Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 69 0.57 acres 0 80 16040 Feet IBuffer Maintenance, Site 37Brookview Ponds F and G Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 70 0.26 acres Douglas Dr NDouglas Dr NOlympia StOlympia St Winsdale StWinsdale St 63166316 63006300 63256325 63136313 63056305 15001500 14501450 14001400 0 50 10025 Feet IBuffer Maintenance, Site 386300 Winsdale St/6305 Olympia St Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 71 3.69 acres PP ee nnnnssyyllvvaanniiaaAAvveeNN22002200 22202220 22402240 23012301 0 100 20050 Feet IBuffer Maintenance, Site 39Pennsylvania Woods Sources: Print Date: 1/14/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2024).-City of Golden Valley for all other layers. 72 0.33 acres 23rd Ave N23rd Ave N Winnetka Ave NWinnetka Ave N79017901 79257925 0 30 6015 Feet IBuffer Maintenance, Site 4023rd Ave Filtration Basin Sources: Print Date: 1/31/2025-Hennepin County Surveyors Office for Property Lines (2024).-NearMap for Aerial Photography (2025).-City of Golden Valley for all other layers. 73 EXHIBIT B SPECIAL CONDITIONS 1. Pre-Construction Meeting. Prior to beginning Work, a pre-construction meeting shall be held, and shall be attended by the authorized agents of the City and persons of the contracting company who will have direct responsibility for labor, materials, and equipment used on the project. The meeting will disclose all significant aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be established at this meeting. Contractor shall submit the following at the pre-construction meeting: A. Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. B. List of products, materials, and equipment to be used for execution of the Work. C. General project contact information including certifications and emergency contacts. D. Traffic Control plan. 2. Post-Construction Meeting. Upon completion of the Work, Contractor shall meet with the City’s authorized agents and provide a written summary (.doc and PDF format) of work completed for each site. The written summary shall include notable field observations and maintenance recommendations for the following year. 3. Notification. Contractor shall notify the City’s authorized agent at least 24 hours in advance of mobilization and performing Work for each site, and within 24 hours of completing Work for each site. The Contractor shall notify the City within 24 hours after discovering bare or sparsely vegetated areas, fallen trees and branches, obstructions limiting access, or other issues impacting the Work. 4. Use of Chemicals. It is the City’s policy to reduce the use of chemicals that have the potential to harm or impact wildlife, the natural environment, and human health. Alternatives to chemicals, such as manual removal methods, shall be given priority. If it is deemed necessary to use chemicals, the Contractor must obtain written permission from the City’s authorized agent and take all necessary precautions and measures to protect the safety of human health and the environment while working. Contractor shall adhere to the following guidelines whenever using chemicals at the site: A. All chemicals shall be approved in writing by the City’s authorized agent prior to application. B. Contractor shall follow all label instructions for pesticides. Pesticides include herbicides, insecticides, fungicides and other products intended to prevent, destroy, repel or mitigate a pest and substances intended for use as a plant regulator, defoliant, or desiccant. C. Contractor shall not use products containing neonicotinoids. D. Applicators shall be Minnesota Department of Agriculture (MDA) licensed pesticide applicators and be trained in the proper techniques for handling and applying the chemicals used. For areas near water resources, Contractor shall use chemicals that are approved for use near water and adhere to all local, State, and Federal regulations. Contractor shall provide the City with records of applicable training and certifications. 74 E. Contractor shall use the minimum effective rate of the chemicals required to achieve sufficient efficacy against target species to promote successful long-term establishment of native vegetation. F. Contractor shall avoid the use of chemicals within 24 hours prior to any rainfall or as otherwise indicated in the manufacturer’s instructions, when wind speeds exceed the manufacturer instructions, or when the wind speed exceeds 10 miles per hour (MPH) if not otherwise specified by the manufacturer, or as otherwise approved by the City’s authorized agent. G. Contractor shall mark areas that are chemically treated with temporary signs approved by the City’s authorized agent and shall remove signage at the appropriate time according to manufacturer’s instructions. 5. Disposal. Contractor may dispose of plant materials by hauling them to an appropriate waste facility or by conducting a controlled burn. Before the movement of any invasive species, they must be rendered nonliving and nonviable and/or packaged, transported, and disposed of in accordance with all local, State, and Federal regulations. Contractor shall not conduct activities that spread invasive or noxious species and their seeds. 6. Erosion and Sediment Control. Contractor shall take all appropriate measures to prevent erosion and sediment transport from work sites to adjacent water bodies, trails, and streets. Contractor shall notify the City’s authorized agent of any temporary erosion and sediment control measures proposed prior to installation. The Work will not be considered complete until all required vegetation is properly established, and all temporary erosion and sediment control measures have been removed from the work sites. No additional compensation will be considered for erosion and sediment control. 7. Integrated Plant Management (IPM). IPM is a combination of vegetation management techniques used during the growing season. The goal of IPM is to remove invasive, noxious, or unwanted species to promote the long-term establishment of native vegetation. The method of control varies by species, density, and site-specific conditions. Contractor shall visit the work sites as necessary to develop an informed understanding of the sites and successfully conduct various IPM tasks, as necessary on a site- by-site basis. IPM tasks may include but are not limited to: hand pulling and cutting; complete site mowing; spot mowing; line trimming; spot burning; spot treatment; and woody plant management including removal and stump treatment. Woody plant management includes removal, and potential treatment, of opportunistic (volunteer) trees and shrubs that sprout within the maintenance areas. Contractor shall remove all invasive and volunteer species as part of IPM, as well as any species that are identified as Eradicate, Control, or Restricted Noxious Weed species by the MDA, or that pose a threat to beneficial plant diversity or stormwater management objectives as specified by the City. All IPM techniques shall be paid at the same rate. Payment shall be made at the contract unit price for IPM for each site, including all labor, materials, and equipment to complete the Work. Contractor shall follow the chemical usage guidelines in this Exhibit B, Section 4, if chemicals are used during IPM. Mechanical techniques shall be given priority over chemical techniques when considering methods. Chemicals must be approved by the City’s authorized agent prior to use. All Work must comply with the procedures outlined in Minnesota Department of Natural Resources (MnDNR) Operational Order 113. 75 8. Buckthorn Removal and Treatment. Buckthorn removal is part of IPM (woody plant management) and shall be considered complete when all buckthorn has been removed, stumps have been treated, and all remnants have been rendered non-viable within the Work areas. Acceptable methods of disposal include bagging plants and removing all seeds, burning any remaining debris, or other methods as described in this Exhibit B, Section 5, or as approved by the City’s authorized agent. Priority shall be given to mechanical means of removal before using herbicide. If the buckthorn is less than 3/8 inches in diameter, the plants may be pulled by hand. The buckthorn plant and roots shall be completely removed to prevent re-sprouting. For plants greater than 3/8 inches in diameter but less than 2 inches in diameter, Contractor shall use a hand tool that removes the entire plant, such as an Uprooter, Root Talon, or approved equivalent. Contractor shall minimize soil disturbance to prevent buckthorn seed germination, restore and compact disturbed soil to match surrounding grade, and secure existing vegetation that has been uprooted or otherwise impacted during buckthorn plant removal. If removal of individual buckthorn plants is infeasible, Contractor may, with written approval from the City’s authorized agent, spray the foliage of buckthorn plants or seedlings with an approved herbicide. Buckthorn plants that are greater than 2 inches in diameter shall be controlled by cutting the stem at the soil surface, then covering or treating the stump with an herbicide approved by the City’s authorized agent to prevent re-sprouting. Cutting may be performed using hand tools, chainsaws, or brush cutters. The root mass of plants greater than 4 inches in diameter shall be ground down before treatment. All plant stumps shall be chemically treated immediately after cutting (completed within 2 hours) using an herbicide approved by the City’s authorized agent. Chemical control options include herbicides containing triclopyr (Garlon 3A/Vastlan, Garlon 4, or other brush killers with triclopyr) or glyphosate to prevent re-sprouting. Oil-based products of triclopyr ester (Garlon 4, Pathfinder II) may be applied when the temperature is below 32 degrees F. Contractor shall follow the chemical usage guidelines in this Exhibit B, Section 4 if using chemicals during buckthorn removal and treatment. All Work shall comply with the procedures outlined in MnDNR Operational Order 113. 9. Controlled Burns. A controlled burn is an important management tool to replicate the natural and beneficial process of fire, promoting the growth of native plants and controlling weeds. Contractor shall notify the City at least four weeks in advance if it intends to conduct a controlled burn and must obtain prior written approval from the City’s authorized agent and Fire Chief to conduct the controlled burn. Approximately two to three weeks prior to the burn, the City will mail an advance notification letter to properties located within 500 feet of the controlled burn limits. On the day of the controlled burn, Contractor shall attempt to notify all residents and businesses adjacent to the planned burn limits by knocking on doors and providing informational door hangers describing the burn process and potential temporary impacts, including but not limited to smoke production. Before conducting a controlled burn, Contractor shall obtain all required permits and approvals from the MnDNR and the City’s Fire Chief or their designee. Contractor shall notify the 911 Dispatch Center before and after the controlled burn. Controlled burns shall only be conducted by trained crews certified through the National Wildfire Coordinating Group with a minimum of a S130 or S190 certificate or through the MnDNR Prescribed Burn Qualification track. At least one supervisory staff member per crew must have active certification related to one of the above programs, and provide records of qualifications to the City’s authorized agent. To minimize risk to residents and property, controlled burns may only be conducted when: • Fuel in the burn area is dry. 76 • Wind velocities are moderate, 5 - 15 MPH, in a direction that results in the least amount of smoke impact to residents, businesses, buildings, and high-volume roadways. • Humidity is 35% - 80%. • Air temperature is 32° - 65° F. Because of these variables, the exact timing may not be known until the day before or the day of the burn. When conducting a controlled burn, Contractor shall target dense areas of invasive species. Contractor shall avoid burning at least 25% of the buffer area to maintain it as a refuge area for wildlife. Contractor shall identify and protect all existing infrastructure, trees, and shrubs in or near the controlled burn area. All Work shall comply with the procedures outlined in MnDNR Operational Order 47 Prescribed Burning and the MnDNR Prescribed Burn Handbook 2020 (March 2024 revision). Controlled burns shall be paid at the contract unit price for each site and includes all labor, materials, and equipment necessary to conduct the controlled burn. 10. Dormant Mows. A dormant mow helps to control annual weeds and allow desirable native species to thrive. Dormant mows shall be conducted in early spring after prairie seeds have fallen and prior to undesirable species producing seed. If undesirable species have produced seed, a mow shall not be conducted. Dormant mows shall be paid at the contract unit price to mow each site and includes all labor, materials, and equipment required to complete the dormant mow. 11. Native Vegetation Seeding (2575). If the native vegetation within a site is sparse, lacking adequate coverage, or must be re-established or expanded, the Contractor may be directed to seed or inter-seed with a native seed mix and temporary cover crop appropriate for the site. The seed mix must be approved in writing by the City’s authorized agent prior to seeding. Seed mixes may include, but are not limited to, Minnesota Department of Transportation (MnDOT) 33-261 Stormwater South & West, MnDOT 35-241 Mesic Prairie, MnDOT 36-211 Woodland Edge South & West, or equivalent seed mixes per MnDOT Seeding Manual 2024, or other similar seed mixes as directed by the City’s authorized agent. Contractor shall properly prepare the seed bed prior to seeding in accordance with MnDOT specifications. Soil disturbance shall be minimized to the extent feasible. Seed bed preparation may include but is not limited to dragging, tilling, raking, topsoiling, disking, and installation of erosion control blanket as specified herein. Contractor shall be solely responsible for repair of any seeded areas that wash out, erode, or fail to sufficiently establish prior to the acceptance with no additional compensation. Contractor shall install erosion control blankets on all seeded areas within the calculated high water level of water bodies, and slopes 3:1 (H:V) or steeper. Erosion control blankets shall consist of natural net or biodegradable material, with no synthetic netting. Any alternative product must be approved by the City’s authorized agent prior to use. Straw mulch may be considered in areas where existing vegetation prevents the feasible use of erosion blanket, subject to approval by the City’s authorized agent. Contractor shall install all erosion control blanket according to MnDOT Specification 3885, fastened with biodegradable staples or approved alternate. 77 Contractor is responsible for successful establishment of the seed and shall replace all unsuccessful seeding until adequate native vegetation is established, within the contract time. This includes watering the areas as necessary and as directed by the City’s authorized agent to promote growth. Insufficient establishment shall be defined as any spots, areas, or patches that have shorter, sparser, or otherwise limited establishment relative to satisfactory areas. Contractor shall repair all areas that have insufficient establishment as directed by the City’s authorized agent, within seven (7) days of being notified of insufficient growth. Vegetation establishment shall be considered satisfactory when the site-specific goals for a site are achieved, as agreed upon between Contractor and the City’s authorized agent. Satisfactory completion shall be verified in writing by the City’s authorized agent. Measurement and payment for Native Vegetation Seeding shall be made on an ACRE basis at the contract unit price. Payment shall be compensation for all materials, labor, equipment, erosion control, and maintenance necessary to complete the work as required by the City’s authorized agent. No additional payments will be made for erosion control, multiple mobilizations or seeding costs to install or reseed areas that have failed to grow. The Contractor shall not be paid twice for seeding the same area. Contractor shall provide seed tag and seed invoice for verification prior to payment. 12. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements for the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Worker’s Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 13. Locating Utilities. Prior to the Work, Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas mains and other private utilities, as well as, public utilities of the City, County or State, which may be underground or overhead within public property, street and highway rights-of-way or within easements and which may be interfered with by the Work. Contractor shall be responsible for verifying all utility location by contacting Gopher State One-Call (651.454.0002). Contractor shall also make such investigations as are necessary to determine the extent to which existing structures may interfere with the Work. Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy or the omission of any of the information given relative to the surface, overhead or underground structures or by reason of Contractor’s failure to properly protect and maintain such structures. 14. Mobilization. The mobilization shall be included in the base price in all aspects of Work and shall include mobilization to all of the areas identified in the Site Location Maps herein at Exhibit A. No additional compensation will be considered for mobilization. 15. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with Department of Transportation (DOT) requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any 78 fines incurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 16. Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding holidays, unless approved in writing by the City’s authorized agent. The City may require Contractor to perform Work at times other than those indicated if the City’s authorized agent deems it is in the best interest of the City and its residents. No claims for extra compensation will be considered for complying with this requirement. 17. Noise Elimination. The Contractor shall eliminate noise to the maximum extent practicable at all times. Air compressing equipment shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 18. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 19. Traffic Control and Maintenance. Traffic control shall be included in the base price for all aspects of Work and shall include any traffic control necessary to complete the Work. Contractor shall maintain traffic at all times while performing the Work in accordance with the current Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) and its supplements, or as deemed necessary by the City’s authorized agent, when the Work occurs on or adjacent to any street, alley or public place. Contractor shall provide all construction signage and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from monies due. The Contractor shall be held responsible for all damage from failure to protect the work zone. No additional compensation will be considered for traffic control. 20. Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: A. Special Conditions in Exhibit A and this Exhibit B. B. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its supplements. C. Division I, 1512 (Unacceptable and Unauthorized Work) of the most current edition of the MnDOT Standard Specifications for Construction and Supplemental Specifications shall apply, except as modified or supplemented herein. D. Division II (Construction Details) and Division III (Materials) of the most current edition of the MnDOT Standard Specifications for Construction and Supplemental Specifications shall apply, except as modified or supplemented herein. E. ANSI A300 Manual. 21. Tree and Landscape Preservation. Contractor shall protect existing trees and shrubs that may be impacted by the Work, including but not limited to, cutting, breaking, or shredding of roots; wounding or scraping of trunks and branches; smothering of root systems by stockpiling of construction 79 materials or excavated materials within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. All branches that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture Standards by the end of the workday. Contractor shall have on-site an approved wound dressing to be applied to freshly cut branch ends immediately (within 10 minutes) after damage to prevent insect infestation and disease. Contractor shall also notify the City’s authorized agent immediately of any damaged branches. When excavating near trees, Contractor shall cut cleanly back to the soil line, all exposed, shredded or torn roots greater than 1-½” in diameter, with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no direct compensation. When excavating or sloping within fifteen (15) feet of any tree, Contractor shall coordinate all such efforts with the City Forester. Standard excavation procedures may need to be modified for large trees that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on-site an approved wound dressing to be applied to freshly cut root ends immediately (within 10 minutes) after excavation to prevent oak wilt infection. Wound dressing will not be permitted for any other situation other than oaks damaged by construction before July 1. Contractor shall coordinate all such work with the City Forester. 22. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated in Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall submit all final quantities to the City within thirty (30) days after completion of the Work. 80 EXHIBIT C PROPOSAL The undersigned hereby certifies that an examination has been made of the scope and location of work and hereby proposes to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified in the manner and at the time prescribe; and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands all quantities of work, whether increased or decreased, are to be performed at the following unit prices. 81 ITEM NUMBER DESCRIPTION UNITS ESTIMATED QUANTITY UNIT PRICE AMOUNT INTEGRATED PLANT MANAGEMENT (IPM) 1 ADELINE NATURE AREA IPM EA 2 465.00$ 930.00$ 2 BASSETT CREEK NATURE AREA IPM EA 3 3,641.00$ 10,923.00$ 3 BASSETT CREEK & WINNETKA IPM EA 3 390.00$ 1,170.00$ 4 BOONE AVE POND & BERM IPM EA 3 1,046.00$ 3,138.00$ 5 BRIARWOOD NATURE AREA IPM EA 4 725.00$ 2,900.00$ 6 BRIARWOOD-DAWNVIEW POND IPM EA 4 670.00$ 2,680.00$ 7 BROOKVIEW PARK PONDS IPM EA 2 1,591.00$ 3,182.00$ 8 GENERAL MILLS NATURE PRESERVE IPM EA 3 667.00$ 2,001.00$ 9 GOLDEN MEADOWS POND IPM EA 2 382.00$ 764.00$ 10 GOLDEN RIDGE POND IPM EA 2 479.00$ 958.00$ 11 GOLDEN HILLS POND IPM EA 2 1,013.00$ 2,026.00$ 12 HAMPSHIRE POND IPM EA 2 701.00$ 1,402.00$ 13 MADISON POND IPM EA 3 787.00$ 2,361.00$ 14 MEADOW LANE WOODS POND IPM EA 3 390.00$ 1,170.00$ 15 MINNAQUA POND & CREEK IPM EA 3 625.00$ 1,875.00$ 16 MINNAQUA WETLAND IPM EA 3 1,475.00$ 4,425.00$ 17 NORTH TYROL PARK IPM EA 3 713.00$ 2,139.00$ 18 PERRY AVE POND IPM EA 3 417.00$ 1,251.00$ 19 REGEND & WESTBEND BUFFERS IPM EA 2 1,141.00$ 2,282.00$ 20 SCOTT AVE POND IPM EA 3 842.00$ 2,526.00$ 21 SCHAPER PARK IPM EA 3 1,526.00$ 4,578.00$ 22 SOUTH TYROL POND IPM EA 2 629.00$ 1,258.00$ 23 SWEENEY BRANCH STREAMBANK IPM EA 2 684.00$ 1,368.00$ 24 WINNETKA AND HWY 55 IPM EA 3 486.00$ 1,458.00$ 25 XENIA AVE POND & WETLAND IPM EA 3 1,506.00$ 4,518.00$ 26 ST. CROIX TRAIL-STREAMBANK IPM EA 3 870.00$ 2,610.00$ 27 HONEYWELL POND IPM EA 2 969.00$ 1,938.00$ 28 PAISLEY PARK RAIN GARDEN IPM EA 2 359.00$ 718.00$ 29 BROOKVIEW PONDS N AND O IPM EA 2 1,625.00$ 3,250.00$ 30 THE LIBERTY BASIN IPM EA 3 1,201.00$ 3,603.00$ 31 TALO POND IPM EA 3 556.00$ 1,668.00$ 32 BROOKVIEW COMMUNITY CENTER IPM EA 3 625.00$ 1,875.00$ 33 BROOKVIEW DRIVING RANGE IPM EA 3 682.00$ 2,046.00$ 34 OLYMPIA FILTRATION BASIN IPM EA 2 868.00$ 1,736.00$ 35 GEORGIA POND IPM EA 3 401.00$ 1,203.00$ 36 DECOLA PONDS B AND C IPM EA 3 2,523.00$ 7,569.00$ 37 BROOKVIEW PONDS F AND G IPM EA 3 694.00$ 2,082.00$ 38 DOUGLAS DR POLLINATOR PLOTS IPM EA 2 518.00$ 1,036.00$ 39 PENNSYLVANIA WOODS IPM EA 3 2,121.00$ 6,363.00$ 40 23rd AND WINNETKA FILTRATION BASIN EA 3 533.00$ 1,599.00$ IPM SUBTOTAL:102,579.00$ 82 ITEM NUMBER DESCRIPTION UNITS ESTIMATED QUANTITY UNIT PRICE AMOUNT CONTROLLED BURNS 41 OLYMPIA FILTRATION BASIN (SITE 34) - BURN EA 1 1,939.00$ 1,939.00$ 42 BASSETT CREEK NATURE AREA (SITE 2) - BURN EA 1 6,047.00$ 6,047.00$ 43 MINNAQUA WETLAND (SITE 16) - BURN EA 1 3,157.00$ 3,157.00$ BURN SUBTOTAL:11,143.00$ DORMANT MOWS 44 23rd AND WINNETKA FILTRATION BASIN (SITE 40) - MOW EA 1 460.00$ 460.00$ MOW SUBTOTAL:460.00$ NATIVE VEGETATION SEEDING 45 VARIOUS SITES - SEEDING AC 2.00 1,033.00$ 2,066.00$ SEEDING SUBTOTAL:2,066.00$ TOTAL:116,248.00$ 83 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 3E.2. Approve Purchase of Thermal Imaging Camera s for Fire Department Prepared By Maria Jimenez, Administrative Assistant Dominque Guzman, Assistant Fire Chief Summary This purchase is to update failing equipment that is vital to the safety of Firefighters during fire suppression activities and investigations. This is a purchase of equipment only. This equipment allows Firefighters to see in low visibility environments, detect heat signatures to find and extinguish fires and locate victims for rescue. Financial or Budget Considerations This purchase was scheduled in the Capital Improvement Plan for 2026, however, due to the current equipment failing and no longer being supported, Mr. Hodges, the Finance Director, has approved the purchase ahead of schedule. The cost of the equipment from Alex Air Apparatus, $38,575.00, falls well short of the 2026 CIP budget of $75,000. Legal Considerations This purchase and the submitted quotes (3) have been reviewed and approved by the City Attorney. Equity Considerations Equity review is not required for this item. Recommended Action Motion to approve the purchase of FLIR Thermal Imaging Cameras and associated parts/accessories from Alex Air Apparatus. Supporting Documents Quotes 84 Roslyn Harmon, Mayor Noah Schuchman, City Manager 85 86 87 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 3E.3. Approve Two Year Professional Services Agreement with LE-AST Services/Counseling Prepared By Alice White, Assistant Police Chief Summary This contract outlines the counseling and wellness services for the Golden Valley Police Department. The goal of this agreement is to support the mental health and well-being of officers and police department employees by offering confidential counseling, stress management, and wellness resources tailored to the unique demands of law enforcement work. LE AST can deliver a range of services, including individual therapy, group counseling, critical incident debriefing, wellness workshops, and access to resources that promote mental health. The services aim to enhance emotional resilience, reduce burnout, and foster a healthy work-life balance for officers, thereby improving overall performance, retention, and job satisfaction. These services offer an opportunity to receive timely and professional support in addressing the mental and emotional challenges of their role, enhancing their ability to serve the community effectively and with a high level of professionalism. By addressing mental health proactively, this contract will help reduce the stigma around seeking help and create a culture of well-being within the agency, ultimately contributing to a healthier, more resilient law enforcement workforce. Financial or Budget Considerations The maximum amount of this service will be no greater than $15,000 per (12) month calendar year. Legal Considerations The legal and human resources departments have reviewed and made recommendations of the services agreement. The agreement has been updated to reflect these recommendations. Equity Considerations This contract aligns with the equity practices of the city and police department by providing a holistic approach to the consideration of mental health of employees which provides an opportunity to better serve and connect with community and each other. Recommended Action Motion to approve the Professional Services Agreement with LE-AST Services/Counseling that supports the mental health and wellness initiatives for Police Department employees. 88 Supporting Documents 2025-2026 LEAST Services Counseling Agreement 89 1 412724v5 MJM BR270-24 PROFESSIONAL SERVICES AGREEMENT WITH LEAST SERVICES/COUNSELING LLC Contract Number_______________ Contractor SSN or Federal ID Number 45-5313928 I. OPENING PARAGRAPH This Professional Services Agreement (“Agreement”) is made effective as of the 1st day of January, 2025 by and between the City of GOLDEN VALLEY, a Minnesota municipal corporation (the “City”) and LEAST Services/Counseling LLC, a Minnesota limited liability company (the “Contractor”) for services to be provided under the terms of this Agreement. II. RECITALS WHEREAS, the Contractor is a Minnesota limited liability company focused on counseling services for incidents arising in the City; WHEREAS, the Contractor represents that it has the requisite skills to assist City employees, officials, contractors, and agents and policy makers in providing psychological services including counseling, consultation, and training to the GOLDEN VALLEY Police Department (“Professional Services”); WHEREAS, the City believes that the provision of Contractor’s Professional Services to GOLDEN VALLEY Police Department promotes public health, safety, morals, and the general welfare; WHEREAS, the City desires to engage the Professional Services of the Contractor, and the Contractor desires to assist the City with its Professional Services; and WHEREAS, the parties wish to set forth in writing the terms and conditions of this Agreement. NOW, THEREFORE, in return for the mutual agreements set forth below, the parties agree as follows: 90 2 412724v5 MJM BR270-24 AGREEMENT III. SCOPE OF AGREEMENT LEAST Services/Counseling agrees to provide psychological services including counseling, consultation, and training to the GOLDEN VALLEY Police Department. Examples of this service include: ● Provide confidential counseling services to GOLDEN VALLEY Police Department employees seeking assistance for stress related mental health issues that may affect work performance; ● Provide training to the GOLDEN VALLEY Police Department related to/and intended to promote the psychological and emotional health of GOLDEN VALLEY Police Department employees; ● Respond, when requested and available, to incidents identified by GOLDEN VALLEY Police Department supervisory personnel as critical incidents; Confidential services will be provided at a location agreed upon by the GOLDEN VALLEY Police Department employee and Contractor. The Contractor shall provide the required personnel and related support services to effectively and efficiently provide its Professional Services. IV. COMPENSATION 1. Counseling, Consultation, and Other General Work a. The Contractor shall be compensated at a rate of $160 per hour for counseling and other general work. 2. Mental Health Check-Ups a. The Contractor shall be compensated at a rate of $150 per hour for Mental Health Check-Ups. 3. Training a. $190 per hour for mental health-related training. Training preparation will be paid at $95 per hour. 4. Retainer a. The Contractor will be compensated $180 per month for contract retainer fee and for being available outside of normal business hours. This compensation is separate from any time spent responding to incidents where travel and crisis response is requested, or substantial time on the phone is requested. 5. Mileage and Drive Time a. Contractor travel shall be compensated at the current Federal IRS mileage rate. 91 3 412724v5 MJM BR270-24 6. Total Compensation: The total compensation under this Agreement for Professional Services (including reimbursement expenses) shall not exceed $15,000 per 12-month period. Any expenses for supplies over $50.00 per month must be approved in advance by the GOLDEN VALLEY Police Department. Receipts shall be provided to the City for all expenses for which reimbursement is sought. The Contractor shall be required to submit a monthly work time report to the GOLDEN VALLEY Police Department by the 15th of each month. The City will honor no claim for services not specified in this Agreement. V. RECORDS The Contractor shall maintain such records as are deemed necessary by the City to ensure that the Professional Services are provided as represented by the Contractor. The Contractor shall maintain the records in a manner that ensures confidentiality to service recipients; however the Contractor shall provide disclosure of identities to the City or a third party if so required by law or regulation. All reports provided to the Contractor shall be securely maintained in locked file drawers or a locked room. VI. CONFIDENTIALITY It is mutually agreed that the City shall not request and the Contractor and it’s Agents, Employees, or Subcontractors shall not release information obtained during individual and group Mental Health Check-Ups, Counseling, Critical Incident Stress Management sessions, or direct Peer Support or consultation, with City employees, outside Police personnel, or others engaged in confidential sessions or counseling services with the Contractor or its’ Agents, Employees, or Sub-Contractors with the following exceptions: a. The Contractor will provide to the City the names and dates of service of City staff as necessary to ensure completion of required Mental Health Check-Ups by City staff. b. As minimally required of the Contractor or its Agents, Employees, or Sub- Contractors in accordance with all applicable laws, rules, and regulations. VII. EFFECTIVE DATE AND TERMINATION DATE This Agreement shall be in full force and effect from January 1, 2025 through December 31, 2026 unless otherwise extended by the GOLDEN VALLEY Police Department or terminated earlier under Paragraph XVII, Cancellation. VIII. ENTIRE AGREEMENT The entire agreement of the parties is contained in this document, Exhibit A, and any addenda or amendments signed by the parties. This Agreement supersedes all oral 92 4 412724v5 MJM BR270-24 agreements and negotiations between the parties relating to the subject matter of this Agreement. This Agreement is valid only when signed by both parties. IX. SUBSTITUTIONS AND ASSIGNMENTS Professional Services by the Contractor will be performed by the Contractor. Upon the prior written approval of the City, the Contractor may substitute or assign the performance of the Professional Services. Said prior written approval must be evidenced by a written amendment of this Agreement signed by the City and the Contractor. X. CONTRACT ADMINISTRATION All provisions of this Agreement shall be coordinated and administered by the persons identified in Paragraph XVIII, Notices. XI. AMENDMENTS No amendments may be made to this Agreement after signing by the parties, except for extensions of time, increases in compensation, or increases or reduction of the Professional Services. All amendments shall be in writing, signed by the City and the Contractor. XII. INDEPENDENT CONTRACTOR It is agreed that Contractor, its employees, officers, agents, and assignees, will act as an independent contractor and acquire no rights to tenure, workers’ compensation benefits, unemployment compensation benefits, medical and hospital benefits, sick and vacation leave, severance pay, pension benefits, or other rights or benefits offered to employees of the City. XIII. CONTRACTORS INSURANCE The Contractor shall maintain the insurance coverage as set forth in Exhibit A during the term of this Agreement. XIV. 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 five 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. 93 5 412724v5 MJM BR270-24 XV. DISCRIMINATION The Contractor agrees not to discriminate in providing Professional Services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any this section may lead to immediate termination of this Agreement. XVI. APPLICABLE LAW The law of the State of Minnesota shall govern all interpretations of this Agreement, and the appropriate venue and jurisdiction for any litigation which may arise under the Agreement will be in and under those courts located within the State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. XVII. CANCELLATION This Agreement may be terminated by either party at any time with or without cause, upon thirty days written notice. In that case, City shall only pay on a pro rata basis for Professional Services rendered in accordance with this Agreement prior to the termination date. XVIII. NOTICES Any notice, approval, or demand authorized or required under this Agreement shall be in writing and shall be sent by U.S. first class mail to the other party as follows: To the Contractor: LEAST Services/Counseling LLC Scott Marks MSW, LICSW PO Box 1742 Minnetonka, MN 55345 To the City: GOLDEN VALLEY POLICE DEPARTMENT 7800 Golden Valley Rd Golden Valley, MN 55427 XIX. CONFLICT OF INTEREST/CODE OF ETHICS The Contractor shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety. In the event of a conflict, the Contractor, with the consent of the City, shall arrange for suitable alternative representation. It is the intent of the Contractor to refrain from handling matters for any other person or entity that may pose a conflict of interest, or may not be in the best interests of the City. 94 6 412724v5 MJM BR270-24 The Contractor agrees that it will not represent any other party or other client which may create a conflict of interest in its work with the City. If Contractor is unclear whether a conflict of interest exists, Contractor will immediately contact the Department to request an interpretation. The Contractor agrees to be bound by the State of Minnesota’s Code of Ethics. Contractor certifies that to the best of its knowledge all employees participating in this Agreement will comply with this Code. It is agreed by the parties that any violation of the Code of Ethics may be grounds for the termination of this Agreement. XX. 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. XXI. LIABILITY Each party to this Agreement shall be solely responsible for their own actions and omissions arising out of or in connection with the performance of their obligations under this Agreement. Neither party shall be liable for the acts, omissions, or negligence of the other party. In accordance with applicable Minnesota law, the City’s liability for any claims arising from this Agreement shall be limited to the maximum amount permitted by the City’s tort liability cap, as defined in Minnesota Statutes § 466.04, subd. 1. Nothing in this provision shall be construed to waive or exceed the limitations of liability set forth by the City’s tort cap. Nothing in this Agreement shall be construed as a waiver of the City’s sovereign immunity or as authorizing any claim against the City beyond the limits imposed by law, including the City’s tort liability cap. [The rest of this page was left blank intentionally.] 95 7 412724v5 MJM BR270-24 IN WITNESS WHEREOF, by attaching my signature below I represent that I have the requisite authority to enter into this Agreement on behalf of the City of GOLDEN VALLEY or LEAST Services/Counseling LLC and have executed this Professional Services Agreement effective as of the date first written above. CITY OF GOLDEN VALLEY _____________________________ Scott Marks, President LEAST SERVICES/COUNSELING LLC Noah Schuchman, City Manager _____________________________ Roslyn Harmon, Mayor _____________________________Date: _______________ Date: ________________ Date: ________________ 96 8 412724v5 MJM BR270-24 EXHIBIT A Insurance Requirements The Contractor shall provide the City with a current certificate of insurance. Such certificate of insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment 97 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 3F.1. Adopt Resolution No. 25-026 Accepting the Medley Garden Compost Donation from the University of Minnesota Extension Master Gardener Prepared By Kevin Martinez Del Arca, Recreation Coordinator Summary Funding was secured for $360, which will be used to purchase two bags of organic compost for each of the 40 raised garden beds at Medley Gardens. The compost was donated on the behalf of the University of Minnesota Extension Master Gardener in an effort to encourage gardeners to grow vegetables they enjoy without the use of pesticides and herbicides. The University of Minnesota Extension Master Gardener invites the gardeners to learn more about vegetable and herb gardening by attending scheduled classes, on site sessions, and tours that they have developed. 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. 25-026 to accept the Medley Garden Compost Donation from the University of Minnesota Extension Master Gardener. Supporting Documents Resolution No. 25-026 - Accepting Donation from the University of Minnesota Extension Master Gardener 98 RESOLUTION NO. 25-026 RESOLUTION ACCEPTING THE DONATION OF COMPOST FOR THE GOLDEN VALLEY MEDLEY GARDENS FROM THE UNIVERSITY OF MINNESOTA EXTENSION MASTER GARDENER 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 donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Golden Valley: 1. Accepts $360 From the University of Minnesota Extension Master Gardener for Compost for Medley Gardeners. 2. Extends their heartfelt gratitude to The University of Minnesota Extension Master Gardener who generously donated their time and financial support to ensure that the Medley Gardeners can grow vegetables and fruits they like without the use of pesticides and herbicides. Adopted by the City Council of Golden Valley, Minnesota this 15th day of April, 2025. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 99 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 3F.2. Adopt Resolution No. 25-027 Accepting Various Donations for Police Department Staff to Attend Out-Of-State Conference and Trainings Prepared By Virgil Green, Police Chief Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants must be acknowledged and accepted by a motion with a simple majority. The World Police Summit, one of the leading global forums for law enforcement professionals, is dedicated to advancing public safety and enhancing security through collaboration, innovation, and strategic insights. The World Police Summit was inaugurated in 2021 to bring together global leaders, experts, and innovators in law enforcement and public safety. Organized by the Dubai Police, the Summit has grown into a key international platform, drawing participants from over 138 nations. Representatives from leading agencies such as the FBI, NYPD, LAPD, Metropolitan Police, Australian Federal Police, Royal Canadian Mounted Police, and German Police convene in Dubai to share expertise and discuss actionable strategies. Assistant Chief Rudy Perez with the Golden Valley Police Department was selected to be one of many law enforcement leaders from the United States to present and speak on this world stage with law enforcement leaders from around the globe in Dubai. The National Association of School Resource Officers (NASRO) is dedicated to making schools and children safer by providing the highest quality training to school-based law enforcement officers. NASRO, the gold standard in school-based law enforcement training, is a not-for-profit organization founded in 1991 for school-based police, school administrators, and school security and/or safety professionals who work as partners to protect schools and their students, faculty, and staff members. Financial or Budget Considerations These contributions allow the City to use training budgets for other professional development opportunities and provide a net benefit to the City and department. Legal Considerations None 100 Equity Considerations None Recommended Action Motion to adopt Resolution No. 25-027 accepting various donations for Police Department staff to attend out-of-state conferences and trainings. Supporting Documents Resolution No. 25-027 - Accepting Various Donations for Police Department Staff to Attend Out- Of-State Conference and Trainings 101 RESOLUTION NO. 25-027 RESOLUTION ACCEPTING VARIOUS DONATIONS FOR POLICE DEPARTMENT STAFF TO ATTEND OUT-OF-STATE CONFERENCE AND TRAININGS. WHEREAS,the City Council adopted Resolution No. 04-20 on 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by Resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley: 1.Accepts $2,655.94 from the World Police Summit Conference In Dubai May 13-15 2023. For conference registration, airfare and logging. 2. Accepts $3,540.00 from the National Association of School Resource Officers Annual Conference July 14-19, 2024. For conference registration, airfare and logging. 3.Extends their heartfelt gratitude to the community members, businesses, and organizations who generously donated their time and financial support to programs that help bridge the gap for human service needs in the community and provide financial support for youth to participate in recreational and educational activities, programs, athletics, lessons, and events in a safe, supportive, and positive environment. Adopted by the City Council of the City of Golden Valley, Minnesota on this 15th day of April 2025. ______________________________ Roslyn Harmon, Mayor ATTESTED: ______________________________ Theresa Schyma, City Clerk 102 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 2025 Agenda Item 3G. Adopt Resolution No. 25-028 Approving Establishment of a Fire Escrow Account Prepared By Maria Jimenez, Administrative Assistant Alisa Schuster, Assistant Fire Chief Summary This Resolution would establishing a trust or escrow account that will allow the Fire Department to receive a portion of insurance settlement proceeds from a claim on real property located in the city that is damaged by fire or explosion. To ensure that damaged structures which violate existing health or safety standards, and may endanger the public health, safety, and welfare are repaired, replaced, or removed. Financial or Budget Considerations Financial Consideration and impact have been approved by Finance Department. Legal Considerations Legal Considerations have been approved by City Attorney. Equity Considerations Equity review is not required for this item. Recommended Action Motion to Adopt Resolution No. 25-028 Approving Establishment of a Fire Escrow account. Supporting Documents Resolution No. 25-028 - Approving Establishment of a Fire Escrow Account 103 RESOLUTION NO. 25-028 A RESOLUTION ESTABLISHING A FIRE ESCROW ACCOUNT PURSUANT TO Minn. Stat. § 65A.50 WHEREAS, the City of Golden Valley (the “City”) finds that damaged structures may violate existing health or safety standards which endanger the public health, safety, and welfare if the damaged structures are not repaired, replaced, or removed; and WHEREAS, Minn. Stat. § 65A.50 (the ”Statute”) authorizes a city to establish a trust or escrow account to receive a portion of insurance settlement proceeds from a claim on real property located in the city that is damaged by fire or explosion; and WHEREAS, the proceeds received by the City are used as security to ensure that the damaged property is repaired, replaced, removed, or demolished and brought into compliance with the city code. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council authorizes and adopts as follows: 1. That pursuant to Minn. Stat. § 65A.50, the City Council of Golden Valley does hereby establish an escrow account to receive a portion of insured real property fire or explosion settlement proceeds as prescribed by the statute. 2. That the City intends to uniformly apply Minn. Stat. § 65A.50 with respect to all property located within the City. 3. That City staff are hereby authorized to proceed to establish the escrow account as provided for in the statute. 4. That the City Fire Marshal give the required written notification to the commissioner of Commerce of the City’s intention to apply Minn. Stat. § 65A.50 and establish the escrow account. 5. That the City Fire Marshal, Building Official, and Deputy Fire Marshal are authorized to receive reasonable proof that damaged or destroyed portions of an insured structure are repaired, replaced, or removed or that an insured has entered into a contract for repair, replacement, or removal of the damaged portions as required by Minn. Stat. § 65A.50, subd. 3. 6. That the City Fire Marshal, Building Official, and Deputy Fire Marsal are authorized to receive reasonable proof that damaged or destroyed portions of an insured structure are repaired, replaced, or removed of that an insured has entered into a contract for repair, replacement, or removal of the damaged portions as required by Minn. Stat. § 65A.50, subd. 8. 104 Resolution No. 25-028 April 15, 2025 Passed and adopted by the City Council of the City of Golden Valley, Minnesota this 15th day of April, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 105 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting April 15, 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 106 Review of Council CalendarEventEvent TimeLocationAPRILTuesday, April 22Golden Valley Business Connections8:00 AM - 9:30 AMAAA, 5400 Auto Club WaySaturday, April 26Run the Valley7:30 AM - 10:00 AMBrookview ParkMAYThursday, May 1Boards and Commissions Appreciation and Orientation Dinner6:00 PM - 9:00 PMBrookview - Valley RoomTuesday, May 6HRA Meeting (if necessary)6:30 PMCouncil ChambersCity Council Meeting6:30 PMCouncil ChambersTuesday, May 13HRA Work Session (if necessary)6:30 PMCouncil Conference RoomCouncil Work Session6:30 PMCouncil Conference RoomTuesday, May 20City Council Meeting6:30 PMCouncil ChambersMonday, May 26City Offices Closed for Observance of Memorial Day107