08-03-22 City Council Agenda
REGULAR MEETING AGENDA
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
Remote Attendance/Comment Options: Members of the public may attend this meeting by
watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex or by calling 1-
415-655-0001 and entering access code 2461 935 1376. Members of the public wishing to
address the Council remotely have two options:
• Via web stream - Stream via Webex and use the ‘raise hand’ feature during public
comment sections.
• Via phone - Call 1-415-655-0001 and enter meeting code 2461 935 1376. Press *3 to raise
your hand during public comment sections.
Additional Remote Locations: Due to out-of-state travel, Mayor Harris and Council Member
Harris will be joining via Webex in accordance with Minnesota Statutes § 13D.02 from the
following locations:
• Jackson Memorial Library, Community Room, 71 Main Street, Tenant's Harbor ME 04860
• Austin Public Library, Room 509, 710 W Cesar Chavez Street, Austin, TX 78701
1. Call to Order
A. Pledge of Allegiance and Land Acknowledgement Pages
B. Roll Call
C. Proclamation Recognizing Don and Mary Anderson 3-4
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.
A. Approval of Check Register 5
B. Licenses:
1. Gambling License Exemption and Waiver of Notice Requirement – Church of St.
Margaret Mary
6
August 3, 2022 – 6:30 pm
Council Chambers
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
August 3, 2022 – 6:30 pm
2
C. Boards, Commission, and Task Forces:
1. Accept Resignation from the Diversity, Equity, and Inclusion Commission 7
2. Approve Appointment to the Police Employment, Accountability, and Community
Engagement (PEACE) Commission
8
D. Bids, Quotes and Contracts:
1. Approve Emergency Storm Sewer Repair on Theodore Wirth Parkway by Valley-Rich
Co., Inc.
9-12
2. Approve Contract for Replacement of Park Shelter Furnaces with Flare Heating and
Air Conditioning
13-28
3. Approve Agreement with Breck School for Community Service Officer- Traffic
Control
29-32
E. Adopt Resolution No. 22-067 Approving Final Plat for Harold Avenue Addition 33-35
F. Approve Sworn Peace Officer Hiring and Retention Incentive MOU between the City of
Golden Valley and Law Enforcement Labor Service, Locals #27, #304, and #485
36-39
4. Public Hearing
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Review of Council Calendar 40
B. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Golden Valley City Council Meeting
August 3, 2022
Agenda Item
1. C. Proclamation Recognizing Don and Mary Anderson
Prepared By
Tim Cruikshank, City Manager
Summary
On August 11, 2022 the Golden Valley Historical Society, 6731 Golden Valley Road, will be
recognizing the decades of community service of Don and Mary Anderson by naming the chapel
in the Golden Valley Historical Society’s 140-year-old church “The Don & Mary Anderson Chapel.”
Council Member/Golden Valley Historical Society Liaison La Mere-Anderson will deliver a
proclamation to the reception that honors their legacy and service to Golden Valley.
Supporting Documents
• Proclamation Recognizing Don and Mary Anderson (1 page)
CITY OF GOLDEN VALLEY
PROCLAMATION RECOGNIZING DON AND MARY ANDERSON
“MR. AND MRS. GOLDEN VALLEY”
WHEREAS, Don and Mary Anderson have contributed decades of community
service in Golden Valley to civic organizations and elected offices including, between
them, twice serving as mayor, representing the city as chair of the Metropolitan Council,
and serving in leadership roles for the Golden Valley Historical Society, League of
Women Voters, City Council, Planning Commission, and Rotary; and
WHEREAS, Don and Mary Anderson, separately and together have championed
participatory leadership, early childhood education, housing, and transportation, as well
as the Golden Valley Historical Society through pivotal roles in the acquisition and
upkeep of the Historic Church and creation of the Golden Valley History Museum; and
WHEREAS, on August 11, 2022 the Golden Valley Historical Society will
recognize and pay tribute to the legacy of Don and Mary Anderson by naming the
chapel in the Society’s 140-year-old church, located at 6731 Golden Valley Road, The
Don & Mary Anderson Chapel, and
WHEREAS, the City of Golden Valley would like to publicly thank Don and Mary
Anderson for their generous and outstanding leadership and service as exemplary role
models in the community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Golden Valley does hereby recognize Don and Mary Anderson as “Mr. and Mrs. Golden
Valley” and proclaim our appreciation for their decades of outstanding service,
commitment, and contributions to the community.
IN WITNESS WHEREOF, I, Shepard M. Harris, Mayor of the City of Golden
Valley, have hereunto set my hand and caused the seal of the City of Golden Valley to
be affixed on this 3rd day of August, 2022.
___________________________
Shepard M. Harris, Mayor
Golden Valley City Council Meeting
August 3, 2022
Agenda Item
3. A. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Financial Or Budget Considerations
The check register has a general ledger code as to where the claim is charged. At the end of the
register is a total amount paid by fund.
Recommended Action
Motion to authorize the payment of the bills as submitted.
Supporting Documents
Document is located on city website at the following location:
http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=927129&dbid=0&repo=GoldenValley
The check register(s) for approval:
• 07-22-22 Check Register
Golden Valley City Council Meeting
August 3, 2022
Agenda Item
3. B. 1. Gambling License Exemption/Waiver of Notice Requirement – Church of St. Margaret Mary
Prepared By
Theresa Schyma, City Clerk
Summary
Church of St. Margaret Mary, 2323 Zenith Avenue North, has applied for a Gambling License Exemption
to conduct gambling (bingo and raffle) for their outdoor Fall Festival event on September 18, 2022.
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-
day waiting period.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to approve a temporary on-sale liquor license and to receive and file the gambling license
exemption and approve the waiver of notice requirement for Church of St. Margaret Mary, 2323 Zenith
Avenue North, for their Fall Festival event on September 18, 2022.
Golden Valley City Council Meeting
August 3, 2022
Agenda Item
3. C. 1. Accept Resignation from the Diversity, Equity, and Inclusion Commission
Prepared By
Tara Olmo, Assistant to the City Manager´s Office
Summary
Commissioner Teresa Sit has submitted their resignation from the Diversity, Equity, and Inclusion
Commission
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to accept the resignations of Teresa Sit from the Diversity, Equity, and Inclusion Commission.
Golden Valley City Council Meeting
August 3, 2022
Agenda Item
3. C. 2. Appointment to Police Employment, Accountability, and Community Engagement (PEACE)
Commission
Prepared By
Tara Olmo, Assistant to the City Manager´s Office
Summary
During the special meeting held Wednesday, August 3, 2022, the Council discussed and considered
four applicants for the one vacancy on the PEACE Commission. The term of the appointment is set to
expire April 30, 2023.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to appoint an applicant to the PEACE Commission.
Golden Valley City Council Meeting
August 3, 2022
Agenda Item
3. D. 1. Approve Emergency Storm Sewer Repair on Theodore Wirth Parkway by Valley-Rich Co., Inc.
Prepared By
Tim Kieffer, Public Works Director
Joe Hansen, Utility Maintenance Superintendent
Summary
Staff was notified of a sink hole on Theodore Wirth Parkway between Glenwood Avenue and Highway
55 in June. The sink hole was just behind the curb in the grass. Staff contacted Valley-Rich to make the
emergency repairs due to the close proximity and possible failure of the road and flooding.
Staff discovered the entire pipe under the road had failed once the initial repair had commenced. Staff
contacted Minneapolis Park Board and the decision was made to close the road. The contractor was
able to secure the necessary materials and the repair was made two days later. Restoration was
completed by city staff.
Financial Or Budget Considerations
The 2022-2031 Storm Water Capital Improvement Program includes $150,000 for Storm Sewer Repair
(SS-53). The total repair cost is $57,726.94.
Recommended Action
Motion to approve emergency storm sewer repair on Theodore Wirth Parkway by Valley-Rich Co., Inc.
in the amount of $57,726.94.
Supporting Documents
• Location of Repair (1 page)
• Valley-Rich Co., Inc. Invoice (2 pages)
Sold
to
Account GOLDEN V
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
Valley-Rich Co., Inc.
147 Jonathan Blvd. N. Ste. 4
Chaska, MN 55318
(952)448-3002
Ship
to
Invoice:
Theodore Worth & 55/GV
Theodore Worth Pkwy & Hwy 55
Golden Valley
30942
Invoice e,o, Num Shjp ViaR220395 06/30 Ship Date Tu!:r!!s Qare �
Ouantitv Description 1 6/16/2022:
County Materials Corporation
Invoice #376271900
1 6/16/2022:
Cemstone Products Co.
Invoice #C2519212
1 6/19/2022:
Jacobs Trucking Company
Invoice # 29705
1 6/20/2022:
Bury & Carlson
Invoice #20143525
1 6/30/2022:
Warning Lites of Minnesota Inc
Invoice #237618
Unit
�
13,412.67
1,592.02
5,179.15
1,212.43
1,805.16
Subtotal
Total
6/16/22 2
Extended
�
13,412.67
1,592.02
5,179.15
1,212.43
1,805.16
57,726.94
$57,726.94
CITY OF GOLDEN VALLEY
08-03-22
______________________________
Shepard M. Harris, Mayor
_____________________________
Timothy J. Cruikshank, City Manager
Golden Valley City Council Meeting
August 3, 2022
Agenda Item
3. D. 2. Approve Replacement of Seven Park Shelter Furnaces
Prepared By
Tim Kieffer, Public Works Director
Al Lundstrom, Park Maintenance Superintendent
Summary
The seven park shelter furnaces are over 20 years old, reached their useful life cycle, and need to be
replaced. Staff proposes to replace the existing units with 90,000 Btu high-efficiency furnaces, install
4-inch air filter racks and wireless thermostat controls with Wi-Fi capabilities.
Staff solicited quotes to replace the existing furnace units. The results are below:
Flare Heating and Air Conditioning $27,030
UHL Company, Inc. $29,275
Alliance $29,980
Financial Or Budget Considerations
The 2022-2031 Buildings Capital Improvement Program includes $30,000 for the purchase of furnaces
(B-052).
Recommended Action
Motion to approve replacement of seven park shelter furnaces from Flare Heating and Air Conditioning
in the amount of $27,030.
Supporting Documents
• Contract for Replacement of Park Shelter Furnaces with Flare Heating & Air Conditioning, Inc.
(10 pages)
• Flare Heating and Air Conditioning Quote (2 pages)
• UHL Company, Inc. Quote (2 pages)
• Alliance Mechanical Services Quote (1 page)
1
CONTRACT FOR REPLACEMENT OF PARK SHELTER FURNACES
WITH FLARE HEATING & AIR CONDITIONING, INC.
THIS AGREEMENT is made this 3rd day of August 2022 (“Effective Date”) by and between Flare Heating &
Air Conditioning, Inc., a heating, ventilation, and air conditioning company located at 9303 Plymouth
Avenue North, Golden Valley, Minnesota 55427 (“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 heating, ventilation, and air conditioning.
B. The City desires to hire Contractor to provide heating, ventilation, and air conditioning services.
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.
2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the
satisfaction and approval of the City according to the deadlines set forth in Exhibit A (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. In consideration of the performance of the Work, the City shall pay to Contractor
the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work
performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor
shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and
amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within
thirty (30) days after receiving a statement from Contractor.
2
4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
plans and specifications of this Agreement. Any such work or materials furnished by Contractor without
written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered
plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of
such reduction shall be deducted from the contract price for the Work.
5. 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.
6. 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.
7. 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.
8. 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.
9. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
3
10. 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.
11. 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 this Agreement 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.
12. 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.
13. 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.
4
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.
14. Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City Engineer a Certificate of Compliance from the
Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor
must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that
Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
15. 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.
16. 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.
17. 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
5
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.
18. 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.
19. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
20. 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.
21. 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.
22. 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.
23. 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.
24. No Discrimination. Contractor agrees not to discriminate in providing the Work under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
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.
6
25. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Bruce Yorks, or designee who shall perform or supervise the performance of all Work.
26. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONTRACTOR THE CITY
Flare Heating & Air Conditioning, Inc.
9303 Plymouth Avenue North
Golden Valley, MN 55427
byorks@flareheating.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
tkieffer@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
27. 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.
28. 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.
29. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this Agreement. 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.
7
30. 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.
31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
32. 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.
33. 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.
FLARE HEATING & AIR CONDITIONING, INC.: CITY OF GOLDEN VALLEY:
By: _________________________________
Bruce Yorks, Sales Consultant
By: _________________________________
Shepard M. Harris, Mayor
By: _________________________________
Timothy J. Cruikshank, City Manager
EXHIBIT A
SCOPE OF WORK
1. Work. The Work shall include all labor, equipment, tools, and supplies necessary to replace seven
equivalent park shelter furnace units. The Work shall include, but not limited to, replacement of furnace units,
ductwork, piping, fittings, support bracing, electrical work, and disposal of existing furnaces and materials.
2. Furnace Unit. Furnace unit shall be replaced with an 80% or above high-efficiency furnace with 90,000
British thermal unit (Btu) output.
3. Air Filter Rack. Install air filter rack to accommodate 4-inch air filter.
4. Thermostat. Thermostat shall be replaced with a wireless unit that has Wi-Fi capabilities.
5. Schedule. The Work shall be completed by November 1, 2022.
6. Location. The locations herein Exhibit A identify the locations of the park shelters.
A. Lions Park – 151 Louisiana Avenue North
B. Lakeview Park – 1521 Hillsboro Avenue North
C. Medley Park – 2331 Ensign Avenue North
D. Wesley Park – 8305 Wesley Drive
E. Hampshire Park – 1610 Louisiana Avenue North
F. Scheid Park – 1856 Toledo Avenue North
G. Gearty Park – 3101 Regent Avenue North
EXHIBIT B
SPECIAL CONDITIONS
1. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor”
as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the
minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance
with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work.
Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum
criteria shall result in the termination of this Agreement.
2. Permits and Licenses. Contractor shall procure all permits and licenses as required, pay all charges and
fees and give all notices necessary and incidental to the due and lawful prosecution of the Work.
3. Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 3:00 p.m. excluding
holidays.
4. Mobilization. The mobilization shall be included in the base price in all aspects of the Work per unit
price herein Exhibit C. No additional compensation will be considered for mobilization.
5. Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under
this Agreement, including without limitation, cost on losses caused by delays attributable to Contractor,
breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees. Contractor acknowledges
that the City owns trucks and equipment for similar work and has employees for operating such trucks and
equipment. Contractor agrees that the City may utilize its trucks, equipment and employees in any manner that it
wishes and that the City is not obligated to order work from Contractor unless it chooses not to use its own trucks
and equipment.
6. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated
herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the
Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the
amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall
be considered. Contractor shall submit all final quantities to the City within one month after completion of the
Work.
7. Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work
contracted for within the time stated herein Exhibit A. Contractor shall, not less than ten (10) days prior to said
date, make written request to the City for an extension of time for completion, setting forth fully in its request
the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has
been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work
done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time; the
City may, in its sole discretion, grant an extension of time for the completion to such date as may seem
reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be
considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without
violating the Contract, may proceed immediately to take over the Work, materials and equipment and make
final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’
notice for such forfeiture.
EXHIBIT C
PROPOSAL
Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish
all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials
specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the
quantities shown herein are approximate only and are subject to increase or decrease. Contractor further
understands all quantities, whether increased or decreased, shall be performed at the unit prices below. The cost
of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the
equipment.
Description Units Quantity Unit Price Total
Replacement of furnace unit Each 2 $ 3,790.00 $ 7,580.00
Lakeview and Gearty Parks
Replacement of furnace unit Each 5 $ 3,890.00 $ 19,450.00
Lions, Medley, Wesley, Hampshire, and Scheid Parks
TOTAL COST TO PROVIDE SERVICES FOR REPLACEMENT OF PARK SHELTER FURNACES $ 27,030.00
"You can Feel the difference"
Proposal
2331 Ensign Ave N:
•Remove existing Carrier 135,000 btu furnace from loft and dispose
•Install Carrier model 58SB0A090E21 90,000 btu 80% efficient gas furnace
•Install 4" filter rack
•Reroute combustion air intake per code
•Install Honeywell T6 Lyric WIFI thermostat
1521 Winsdale St:
•Remove existing Carrier 155,000 btu furnace from floor and dispose
•Install Carrier model 58SB0A090E21 90,000 btu 80% efficient gas furnace
•Install 4" filter rack
•Reroute combustion air intake per code
•Install Honeywell T6 Lyric WIFI thermostat
Page 2 of 2
$3,890.00
$3,790.00
All material, permit, and labor included. All wiring and roofing by others (unless specified)
WE PROPOSE hereby to furnish material and labor -complete in accordance with the above specifications, for the sum of:
Twenty-Seven Thousand Thirty dollars. $27,030 .00--�--------------
Payment to be made as follows: 50% DUE UPON COMPLETION OF ROUGH IN, REMAINING BALANCE DUE AT
FINAL COMPLETION.
All mate1ial is guaranteed to be as specified. All work to be completed in a
workmanlike manner according to standard practices. Any alterations or
deviations from the above specifications involving extra costs will be executed
only upon w1itten orders, and will become an extra charge over and above the
estimate. All agreements contingent upon stiikes, accidents or delays beyond our
control. Owner to cany fire, wind damage and other necessa1y insurance. Our
workers are fullv covered bv Workman's Comoensation Insurance.
ACCEPTANCE OF PROPOSAL- The above prices,
specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made as outlined above.
Date of acceptance: AUGUST 3, 2022
Authorized
Signature:
// Brue rks ...-
Note: This proposal may b within 30 days. drawn by us if not accepted
Signature:
Signature:
Page 1 of 2
9065 Zachary Lane N PROPOSAL
Maple Grove, MN 55639
Proposal #: JL22052
Date: 7/25/22
____________________________________________________________________________________________________________________
To: City of Golden Valley Project: Golden Valley Park Shelter Furnaces
7800 Golden Valley Road
Golden Valley, MN
Attention: Al Lundstrom
We propose to furnish the materials and perform the labor necessary to:
Replace the existing gas heating furnaces with new Carrier heating only 90,000 BTUh output furnaces
at the Lions, Schied, Gearty, Hampshire, Wesley, Medley, and Lakeview Park locations
New furnaces will reuse existing gas piping, duct work, and electrical
Includes new duct fittings to hook up with existing duct work, and any additional gas fittings
New wifi thermostats to be mounted in same locations as existing thermostats
Startup and verification of operation
One year parts and labor warranty
All material is guaranteed to be as specified, and the above work to be completed in a substantial
workmanlike manner for the sum of: $29,275.00
Any alteration or deviation from above specifications involving extra cost will be executed only upon
written order and will become an extra charge over and above the estimate. This proposal is valid for
30days.
Respectfully submitted: Jake Lehmann
Account Manager
ACCEPTANCE OF PROPOSAL
The prices, specifications and other Terms set forth on page 2 of this proposal are satisfactory and are
hereby accepted. You are authorized to do work as specified. Payment will be made as outlined herein.
_________________________________________________________________________________________________________________________________________________________________________________________
Page 2 of 2
Uhl Company, Inc. – Terms and Conditions of Service
1. Customer’s signature on the attached Proposal forms a binding agreement between Customer and Uhl Company, Inc. (“UHL”) for the work
described in the Proposal according to the Terms and Conditions contained herein (hereinafter the “Agreement”).
2. UHL agrees to use competent personnel and industry standards to perform its work in a timely and professional manner.
3. All labor is to be performed during UHL’s normal working hours, unless specified elsewhere in the Proposal.
4. The prices contained in the Proposal are good for 30 days. If at any time the materials, equipment or parts contained in the Proposal become
subject to a tariff, levy or other price increase of more than 5% due to action by the U.S. or a foreign government, then UHL shall be entitled
to an increase in the price of this Agreement equal to increase in the price of the materials, equipment or parts.
5. UHL represents that it carries Worker’s Compensation, general liability, automobile liability, and excess liability insurance policies. Customer
shall carry any other insurance necessary for the protection of the project or Customer’s interests.
6. Payment is due within 30 days of UHL’s invoice date. Interest shall accrue on any unpaid balance at a rate of 1.5% per month. Acceptance
by UHL of partial payments shall not constitute any release of collection or lien rights that may exist.
7. In the event of Customer’s default of its obligations under this Agreement, other than its payment obligations, UHL will give 10 day’s notice
to cure. If Customer remains in default after the 10 day cure period, UHL may terminate this Agreement and recover the balance due, in
addition to all expenses, damages and costs, including reasonable attorney’s fees, incurred by UHL in collecting the outstanding balance
owed. In the event Customer fails to make payment within 30 days of being invoiced, UHL may immediately cease all work under this
Agreement without notice and cancel this Agreement, at which time the entire Agreement amount shall become due and payable immediately
without notice or demand. In addition, Customer shall pay all expenses, damages and costs, including reasonable attorney’s fees, incurred
by UHL in collecting the outstanding balance owed.
8. If, for any reason, Customer directs a cessation of the work on all or any part of the project, UHL shall be paid for the portion of its work
completed at the time of cancellation, including all expenses incurred by UHL in securing the project and ceasing work.
9. Unless otherwise specified in the Proposal, UHL will not furnish any performance or material payment bond. If a bond is requested, Customer
agrees to reimburse UHL for the cost of the bond.
10. All labor is warranted for 90 days (except in the case of compressor replacements, which carry a 30 day warranty), while materials, equipment
and parts are warranted according to manufacturer specifications. UHL’s warranty obligations do not arise if the failure is the result of faulty
installation or abuse by others, incorrect electrical connections or alterations made by others, or use under abnormal operating conditions or
misapplication of the materials, equipment or parts. Manufacturer warranties may include an allowance for the cost of labor and related costs
such as crane rental, refrigerant, etc., for correcting defects in material and workmanship. If the standard manufacturer’s warranty does not
provide for this additional coverage, Customer shall be responsible for payment of these costs to UHL.
11. UHL MAKES NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY SUCH WARRANTY
IS HEREBY DISCLAIMED BY UHL AND EXCLUDED FROM THIS AGREEMENT. UHL’s WARRANTY SPECIFICALLY
EXCLUDES COVERAGE FOR ENVIRONMENTAL CONDITIONS, SUCH AS MOLD. UHL HAS MADE NO INSPECTION FOR,
NOR MADE ANY REPRESENTATION REGARDING THE EXISTENCE OR NON-EXISTENCE OF MOLD ON THE CUSTOMER’S
PREMISES. UHL HAS FURTHER MADE NO PROMISE OR AFFIRMATION THAT THE MATERIALS AND LABOR PROVIDED
WILL ASSIST IN THE PREVENTION OR REMEDIATION OF MOLD OR OTHER ENVIRONMENTAL CONCERNS.
12. ANY AND ALL CLAIMS AGAINST UHL MUST BE BROUGHT WITHIN ONE YEAR OF PERFORMANCE OF THE WORK UNDER
THIS AGREEMENT. UHL’S LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR IN ANY WAY CONNECTED TO
UHL’S WORK UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF THIS AGREEMENT. UNDER NO
CIRCUMSTANCES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE, WILL
UHL BE RESPONSIBLE FOR ANY CLAIMS FOR LOSS OF USE, LOSS OF PROFIT, INCREASED OPERATING OR
MAINTENANCE EXPENSES, CLAIMS OF CUSTOMER'S TENANTS OR CLIENTS, OR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO UHL’S WORK UNDER THIS AGREEMENT.
13. UHL’s pricing does not include any cost that may be incurred due to the existence of hazardous material or its removal or disposal, unless
specifically provided for in the Agreement. If costs are incurred by UHL due to the existence of hazardous material, those costs will be paid
by Customer without the need for written approval.
14. This Agreement, including these Terms and Conditions and the Proposal, constitutes the entire agreement and complete understanding
between the parties. No verbal representations shall be binding on either party and Customer agrees that it is not relying on any representation
made by UHL that is not contained herein.
15. These Terms and Conditions may in some instances conflict with terms and conditions or other documents issued by Customer. In such case,
the Terms and Conditions contained herein shall govern and Customer acknowledges and agrees that acceptance of this Proposal is
conditioned upon Customer’s acceptance of the Terms and Conditions herein.
16. UHL shall not be liable for any penalty or damage, delay or injury, or for failure to give notice of delay, or to perform, when such damage,
delay, injury or failure is due to the elements, acts of god, acts of the owner, act of civil or military authority, war, riots, terrorism, concerted
labor action, strikes, shortages of materials, accidents or any causes beyond the reasonable control of UHL. If such a delay occurs, the
completion date shall be deemed extended for a period of time equal to the time lost due to any delay excusable under this provision.
Payment Terms: Net 30 Days
All material is guaranteed to be as specified. All work completed in a workmanlike manner according to standard practices. An y alteration or deviation from the above specifications
involving extra costs will be executed only upon written orders, and will become and extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays
beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Worker’s Compensation Insurance.
NOTE: This proposal may be withdrawn by us if not accepted within 30 days.
Acceptance of Proposal – the above prices, specifications and
conditions are satisfactory and are hereby accepted. You are authorized
to do the work specified. Payment will be made as outlined above.
Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that
person or company is not paid for the contributions. Under Minnesota law you have the right to pay persons who supplied labor or materials
for this improvement directly and deduct this amount from our contract price, or withhold the amount s due them from us until 120 days
after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the
improvement and who gave you timely notice.
Joe Martin Joe Martin Authorized Signature:
Signature: NOT APPLICABLE
Date: NOT APPLICABLE
PROPOSAL
Attention: Al Lundstrom Job Title: Park Shelter Furnace Replacements
Customer: City of Golden Valley Address: (7) Different Park Locations
Address: 7800 Golden Valley Road City: Golden Valley, MN
City: Golden Valley, MN 55427 Plan Date: N/A
Telephone: 763-593-8046 Arch./Eng.: N/A
Date: 7/25/2022
Al,
We are pleased to propose the following:
Description:
•Demo and dispose of (7) existing Carrier furnaces in (7) park shelter buildings.
•Furnish and install (7) new Carrier 90,000 BTU, 80% efficient gas furnaces in (7) park shelter buildings.
•Furnish and install (7) 4” wide filter racks with a 4” MERV 8 pleated filter, one for each new furnace.
•Furnish and install (7) digital, programmable, Wi-Fi capable thermostats, one for each new furnace.
•Price includes standard labor, materials, sheetmetal, gas piping, electrical, start-up and permit.
Price $29,980.00
Exclusions:
•Overtime labor
If you have any questions or require more information, please call me. Price is good for 30 days.
1900 Oakcrest Avenue – Suite 1
Roseville, MN 55113
Telephone: 651-633-9333
Fax: 651-633-7722
Golden Valley City Council Meeting
August 3, 2022
Agenda Item
3. D. 3. Approve Agreement with Breck School for Community Service Officer- Traffic Control
Prepared By
Alice White, Assistant Police Chief
Summary
In past years the Police Department has had an agreement with Breck School to provide traffic control
during school days. In prior agreements the Police Department sent two Community Service Officers to
assist with traffic control. The agreement was revised in 2015 to state the Police Department will now
send one Community Service Officer and Breck School will provide one civilian employee to work under
the authority of Denny Arons, Breck School head of security. The sole purpose of the GVPD Community
Service Officer is traffic control.
Breck school would like to continue the current agreement to hire (1) CSO for the 2022-2023 and 2023-
2024 school years to provide traffic control.
Although paid for by Breck School, a Community Service Officer is an employee of the City, subject to
the terms and conditions of employment with the City, and under the chain of command of the Police
Department.
Financial Or Budget Considerations
Not Applicable
Recommended Action
Motion to approve the Community Service Officer Agreement with Breck School in the form approved
by the City Attorney for the 2022-2023 and 2023-2024 school years.
Supporting Documents
• Community Service Officer agreement between the City of Golden Valley and Breck School (3
pages)
COMMUNITY SERVICE OFFICER AGREEMENT
BETWEEN THE CITY OF GOLDEN VALLEY AND BRECK SCHOOL
This Community Service Officer Agreement (“Agreement”) is made by and between the City of Golden
Valley, a Minnesota municipal corporation (the “City”) and Breck School, a Minnesota nonprofit
corporation (“Breck School”), pursuant to P.U.D. No. 88, Paragraph C(2).
NOW, THEREFORE, be it resolved that the parties to this Agreement agree as follows:
1. PURPOSE: The purpose of this Agreement is to define the duties and responsibilities of the City
of Golden Valley, its Police Department, and Breck School in the operation of the Community Service
Officer Program.
2. TERM OF AGREEMENT: The term of this Agreement shall be for the 2022-2023 and 2023-2024
Breck School Years. The Agreement may be continued, canceled, or modified at the end of the 2023-
2024 Breck School Year and may be extended by mutual agreement of the parties. Breck School shall
notify the City of its intention to continue, cancel or modify this Agreement at least (90) days prior to its
termination.
3. PERSONNEL: The City shall provide one community service officer to fill the position of Breck
School Community Service Officer (the “Breck School CSO”) during the term of this Agreement. Breck
School shall provide a civilian employee to work under the authority of the Breck School CSO for the
purpose of traffic control. The City shall retain the sole and exclusive right to control the manner and
means by which the Services are performed under this Agreement. Each party shall be solely and
entirely responsible for its acts and for the acts of its employees, agents, volunteers, and subcontractors
in connection with its provision of Services. The City shall be responsible for the compensation and
benefits of the City’s employees and for payment of all federal, state, and local taxes payable with
respect to any amounts paid to the City under this Agreement.
4. TRAFFIC CONTROL SERVICES: The Breck School CSO shall, twice per day at the times described in
Section 6 herein, on all days when school is in session during the term of this Agreement provide traffic
control services to Breck School (the “Services”). In addition, Breck School will provide a civilian
employee to work with the Breck School CSO in carrying out the twice-daily traffic control duties on all
school days to maintain the orderly flow of traffic. In the event of an unscheduled employee absence of
the Breck School CSO, the City shall attempt to provide alternate coverage. In the event of an
unscheduled employee absence of the Breck civilian employee, Breck School shall attempt to provide
alternate coverage.
5. CHAIN OF COMMAND: The Breck School CSO shall be an employee of the City and shall report to
the Chief of Police or their designee regarding all law enforcement and employment related matters and
shall receive assignments to particular duties from the Chief of Police or their designee. The City shall
provide training to the Breck School CSO for their assigned duties, including traffic control skills training,
and shall provide traffic control skills training to any other CSOs providing traffic control services to
Breck School on a regular basis.
6. WORK DAYS: The Breck School CSO shall provide the Services at Breck School twice daily at the
following times every day school is in session:
a. during a time period starting 45 minutes prior to the school start time until 15 minutes
after the start of school time, both as determined by the Breck School; and
b. during a time period starting 15 minutes prior to the school end time until 30 minutes
after the school end time, both as determined Breck School
(the “Service Schedule”). Breck School may adjusted the Service Schedule as necessary in the event
inclement weather or other events delay the school start time or cause early release. The Breck School
CSO shall make the appropriate arrangements for time off, vacations, holidays, etc. with their police
department supervisor.
7. ABSENCE FROM WORK: In the event that the Breck School CSO is sick or has other unplanned
absences, they shall notify BOTH the Breck School in accordance with their policy, and the police
department in accordance with its policy. The police department shall attempt to provide coverage
when the Breck School CSO is not available for duty. Requests for floating holidays shall be made to the
police department for approval, and the Breck School CSO shall notify the appropriate personnel of
Breck School.
8. DRESS CODE: This position is a uniformed position and the police department shall supply
appropriate uniforms and equipment for CSOs providing traffic control services at the Breck School.
9. HANDLING OF POLICE RELATED INCIDENTS: Criminal activity and incidents normally handled by
the police shall be dealt with by the Breck School CSO in accordance with police department policy, state
and federal law, and generally accepted police practices. The City shall be liable for the acts of its
officers, employees or agents and the results thereof to the extent authorized by law and shall not be
responsible for the acts of Breck School, its officers, employees or agents.
10. SCHOOL DISCIPLINE: The Breck School CSO is not part of the disciplinary team of Breck School,
and shall not become involved in discipline issues or the enforcement of school rules except as they
relate to maintaining a peaceful and safe environment at Breck School.
11. LIMITATIONS. The provisions of Minn. Stat. Section 471.59, the Municipal Tort Claims Act, Minn.
State Chap. 466 and other applicable laws govern liability of the City of Golden Valley and the Breck
School.
12. COMPENSATION: It is agreed that Breck School shall reimburse the City of Golden Valley for the
Breck School CSOs and administrative time in the amount of $33,403.93 for the 2022-2023 school year
and $34,406.04 for the 2023-2024 school year.
13. GOVERNING LAW. The Agreement shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota, without giving effect to the principles of
conflicts of laws. All proceedings related to this Agreement shall be venued in Hennepin County,
Minnesota.
14. INDEMNIFICATION. Breck School shall defend, indemnify, and hold harmless the City, its elected
and appointed officials, officers, employees and agents from any liability, claims, demands, suits,
penalties, personal injury, judgments and costs of any kind whatsoever, arising out of or resulting from
Breck School’s acts or omissions with respect to Breck School’s provision of services under or breach of
this Agreement. This provision shall survive any termination of this Agreement.
15. AMENDMENTS. This Agreement may only be modified by the mutual written Agreement of the
parties.
16. ELECTRONIC SIGNATURES & COUNTERPARTS. Documents executed, scanned, and transmitted
electronically and electronic signatures shall be deemed original signatures for purposes of this
Agreement and all related matters. All scanned and electronic signatures shall have the same legal effect
as original signatures. This Agreement, any other document necessary for the consummation of the
transaction contemplated by this Agreement may be accepted, executed, or agreed to through the use
of an electronic signature in accordance with the Uniform Electronic Transactions Act, Minnesota
Statutes Chapter 325L. Any document accepted, executed, or agreed to in conformity with such laws will
be binding on each party as if it were physically executed. This Agreement may be executed in any
number of counterparts, including electronically. Each counterpart constitutes an original and all
counterparts collectively constitute one and the same instrument. The signatures of the parties need
not appear on the same counterpart.
Dated this 3rd day of August 2022.
CITY OF GOLDEN VALLEY
_____________________________
Mayor, Shepard M. Harris
______________________________
City Manager, Timothy J. Cruikshank
BRECK SCHOOL
_________________________________
By: ______________________________
Its: ______________________________
Golden Valley City Council Meeting
August 3, 2022
Agenda Item
3. E. Approve Resolution No. 22-067 for Approval of Plat – Harold Avenue Addition
Prepared By
Myles Campbell, Planner
Summary
At the June 7, 2022, City Council meeting, the Council held a public hearing on the Preliminary Plat for
the minor subdivision of the Harold Avenue Addition (7324 Harold Avenue). After the hearing, the
Council approved the Preliminary Plat which will allow two lots. The Final Plat has now been presented
to the City. Staff has reviewed the Final Plat and finds it consistent with the approved Preliminary Plat
and the requirements of City Code.
Financial Or Budget Considerations
None
Recommended Action
Motion to adopt Resolution No. 22-067 for Approval of Plat – Harold Avenue Addition
Supporting Documents
• Resolution No. 22-067 for Approval of Plat – Harold Avenue Addition (1 page)
• Final Plat of Harold Avenue Addition (1 page)
RESOLUTION NO. 22-067
RESOLUTION FOR APPROVAL OF PLAT – HAROLD AVENUE ADDITION
WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the proposed plat to be known as Harold
Avenue Addition covering the following described tracts of land:
That part of Tract D, lying East of a line drawn parallel with the West line of said tract
and through a point on the South line thereof distant 88 feet Easterly along said
South line from the Southwest corner of Tract D. Registered Land Survey No. 312,
Hennepin County, Minnesota.
WHEREAS, all persons present were given the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
Adopted by the City Council this 3rd day of August 2022.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
August 3, 2022
Agenda Item
3. F. Sworn Peace Officer Recruitment & Retention Incentives
Prepared By
Maria Cisneros, City Attorney
Kirsten Santelices, Deputy City Manager/Human Resources Director
Summary
Since April 15, the City has been negotiating possible recruitment and retention incentives with the
City's police officer unions. The three unions have agreed to the attached MOU, which provides
recruitment incentives for new officers hired before December 31, 2022 and retention incentives for
current officers through July 2025. Offering these incentives will help the City recruit and retain officers
in light of local and national officer shortages. Staff conducted a market analysis and found these
incentives to be in line with the market.
Financial Impact
The total estimated cost of the hiring incentive to the City is $10,000 per employee. Police command
staff estimates the maximum number of officers the City can hire by December 2022 is 6.
The total estimated cost of the retention incentive to the City is $10,000 per sworn officer. Based on
current officer levels, the cost is estimated at $60,000 in 2022, $64,000 in 2023, and $160,000 in 2025.
The 2022 costs are within the Police Department’s approved staffing budget. Costs in subsequent years
will be appropriately budgeted.
Recommended Action
Motion to Approve the Hire and Retention Incentive Memorandum of Understanding between the City
of Golden Valley and Law Enforcement Labor Service, Locals #27, #304, and #485.
Supporting Documents
• Hire and Retention Incentive Memorandum of Understanding between the City of Golden Valley
and Law Enforcement Labor Service, Locals #27, #304, and #485 (3 pages)
HIRE AND RETENTION INCENTIVE
MEMORANDUM OF UNDERSTANDING
Between the CITY OF GOLDEN VALLEY
and
LAW ENFORCEMENT LABOR SERVICE, LOCAL #27
LAW ENFORCEMENT LABOR SERVICE, LOCAL #304
LAW ENFORCEMENT LABOR SERVICES, LOCAL #485
August 3, 2022
Background
The City of Golden Valley Police Department, currently faces challenges to recruit and
retain licensed peace officers. In an effort to address these problems, the City of
Golden Valley and LELS have agreed to the following one-time incentive programs.
Timeframe
All incentives described below are effective immediately through December 31, 2022.
This MOU will not be used as evidence of any past practice or precedent with respect to
future benefits or retention incentive pay to Members. The parties agree that they will
not negotiate the terms of these or any similar incentives as part of any contract
negotiation occurring during the term of the incentives described herein.
Hire Incentive
The City will pay a one-time $10,000 hire incentive (the “Hire Incentive”) lump sum to
each licensed peace officer with at least one year of experience working as a licensed
peace officer that is hired by the City. The Hire Incentive shall be distributed to the
employee in three separate payments as follows:
• A first payment of $3,000 will be paid to the employee upon successful
completion of FTO.
• A second payment of $2,000 will be paid to the employee upon successful
completion of the probationary period.
• A final payment of $5,000 will be paid to the employee upon completion of three
years of service with the City.
A licensed peace officer employee hired between August 3, 2022 and December 31,
2022 will be eligible for the Hire Incentive. Licensed peace officers hired after December
31, 2022 shall not be eligible for the Hire Incentive.
If the employee resigns or is released from employment prior to any of the dates for the
payments, the employee shall not receive any Hire Incentive payments due after the
employee’s resignation or termination date.
To be eligible for Hire Incentive pay, employees must not have been subject to
discipline that results in termination or suspension during the six-month period
preceding the payment date.
A new employee that receives any portion of the Hire Incentive shall not be eligible for
the Retention Incentive described below.
Retention Incentive
● The City of Golden Valley will pay a $3,000 Retention Incentive lump sum to all
licensed peace officers who
• are in active payroll status (not unpaid leave status) on October 1,
2022;
• have worked at least 30 shifts between June 22, 2022 and October 1,
2022; and
• have not been subject to discipline that results in termination or
suspension between June 22, 2022 and October 1, 2022.
● The City of Golden Valley will pay a second $2,000 Retention Incentive lump
sum to all licensed peace officers who
• are in active payroll status (not unpaid leave status) on July 1, 2023;
• have worked at least 117 shifts between October 1, 2022 and July 1,
2023; and
• have not been subject to discipline that results in termination or
suspension between October 1, 2022 and July 1, 2023.
● The City of Golden Valley will pay a third $5,000 Retention Incentive lump sum
to all licensed peace officers who
• are in active payroll status (not unpaid leave status) on July 1, 2025;
• have worked at least 273 shifts between July 1, 2023 and June 1 2025;
and
• have not been subject to discipline that results in termination or
suspension between July 1, 2023 and July 1, 2025.
If the employee resigns or is released from employment prior to any of the dates for the
payments, the employee shall not receive any Retention Incentive payments due after
the employee's resignation or termination date.
Employees that are the subject of an internal affairs investigation are eligible for
Retention Incentive pay at the conclusion of the investigation provided they meet all of
the requirements described above.
Employees on a leave of absence, whether paid or unpaid, are eligible for Retention
Incentive pay upon return to work provided they meet the all of the requirements
described above.
For the City
For Law Enforcement Labor Service, Local
#27
Timothy J. Cruikshank, City Manager
Tim Gannon, Business Agent
For Law Enforcement Labor Service, Local
#304
For Law Enforcement Labor Service, Local
#485
Adam Burnside, Business Agent
Brian Bone, Business Agent
Event Event Time Location
AUGUST
Saturday, August 6
City Hall Open for Absentee Voting 10:00 AM - 3:00 PM City Hall
Sunday, August 7
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, August 9
Primary Election Day 7:00 AM - 8:00 PM City Precincts/Polls
Wednesday, August 10
HRA Work Session 6:30 PM Hybrid - Council Conference Room
Council Work Session 6:30 PM Hybrid - Council Conference Room
Thursday, August 11
City Offices Closed for Employee Appreciation Event 11 AM - 1 PM City Hall Campus
The Great MRA Gather-Together (new location ribbon cutting
ceremony & reception)4:00 PM - 6:00 PM MRA, 5980 Golden Hills Drive
Golden Valley Historical Society - Reception Honoring Don & Mary
Anderson 6:30 PM - 8:30 PM Golden Valley History Museum and Historic
Church, 6731 Golden Valley Road
Saturday, August 13
Ribbon Cutting Ceremony - Tool Share Shed at Medley Park 10:00 AM - 2:00 PM Medley Park
Sunday, August 14
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
2022 Greens Classic Event 6:00 PM Brookview Golf Course
Tuesday, August 16
Special City Council Meeting (Closed Session)5:30 PM Manager's Conference Room
Special HRA Meeting 6:30 PM Hybrid - Council Chambers
City Council Meeting 6:30 PM Hybrid - Council Chambers
Thursday, August 18
Building An Equitable Golden Valley Quarterly Conversation:
Affordable Housing 6:00 PM - 7:15 PM Virtual Event
Sunday, August 21
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Thursday, August 25
Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid
Brookview - Valley View Room
Sunday, August 28
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
SEPTEMBER
Saturday, September 3
Be The Change Golf Tournament 10:00 AM Theodore Wirth Golf Course
Sunday, September 4
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Monday, September 5
City Offices Closed for Observance of Labor Day
Tuesday, September 6
City Council Meeting 6:30 PM Hybrid - Council Chambers
Sunday, September 11
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, September 13
Council Work Session 6:30 PM Hybrid - Council Conference Room
Sunday, September 18
Market in the Valley 9:00 AM - 1:00 PM City Hall Campus
Tuesday, September 20
HRA Meeting 6:30 PM Hybrid - Council Chambers
City Council Meeting 6:30 PM Hybrid - Council Chambers
Council Event Calendar