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10-20-20 City Council Agenda 7800 Golden Valley Road I Golden Valley,MN 55427 CltJ of 763-593-8012 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov golden,,,,, City Council \ y va October 20, 2020—6:30 pm REGULAR MEETING AGENDA This meeting will be held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the meeting code 133 591 9394. The public may participate in this meeting during public comment sections, including the public forum beginning at 6:20 pm, by calling 763-230-7454. Additional information about monitoring electronic meetings is available on the City website. For technical assistance, please contact the City at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. 1. Call to Order A. Pledge of Allegiance Pages B. Roll Call 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 Minutes: 1. City Council Meeting—October 7, 2020 3-8 B. Approval of City Check Register 9 C. Minutes of Boards and Commissions: 1. Human Services Commission Resignation 10 2. Human Services Commission Appointment 11 3. Environmental Commission Minutes, August 24, 2020 12-16 D. Approval of Bids, Quotes and Contracts: 1. Approve Architectural Services Contract of Municipal Facilities Needs Analysis 17-46 2 Approve One Year Extension of Catering Agreements for Brookview 47-55 E. Grants and Donations: 1. Approve Resolution for Bassett Creek Watershed Management Commission to apply 56-59 for ERF grant application for Main Stem Lagoon Dredging Project in Theodore Wirth Regional Park Resolution #20-62 2. Approve Resolution to Execute Hennepin County Residential Recycling Grant 60-84 Agreement Resolution #20-63 This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley City Council Regular Meeting October 20, 2020—6:30 pm F. Approve City Facilities Study Task Force 1. Appointing Facility Study Task Force Members 85-86 2. Adopting the Facility Study Task Force Bylaws 87-90 G. Approve Budget Adjustment for Physical Development Assistant/Deputy City Clerk 91-92 Resolution #20-64 H. Approve Service Agreement with ONSOLVE, LLC for use of CodeRED On-demand 93-104 Notification Service 4. Public Hearing 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Consider Amending PMP Policy Adjusting Standard Street Width 105-112 B. Review of Council Calendar 113-114 C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment 7800 Golden Valley Road I Golden Valley,MN 55427 city of 763-593-8012 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov golden,,,,,V-,City Council vak REGULAR MEETING MINUTES October 7, 2020-6:30pm In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley declared a local emergency under Minnesota Statute, section 12.37. In accordance with that declaration, beginning on March 16, 2020, all meetings of the City Council held during the emergency were conducted by telephone or other electronic means. The City used WebEx to conduct this meeting electronically. Members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, and by dialing in to the public call-in line. The public was able to participate in this meeting during public comment sections, including the public forum, by dialing in to the public call-in line. 1. Call to Order Mayor Harris called the meeting to order at 6:30 pm. 1A. Pledge of Allegiance 1B. Roll Call Present: Mayor Shep Harris, Council Members Larry Fonnest, Kimberly Sanberg, and Maurice Harris, Gillian Rosenquist Staff present: City Manager Cruikshank, City Attorney Cisneros, Finance Director Sue Virnig, Physical Development Director Marc Nevinski, City Planner Jason Zimmerman, Chief of Police Jason Sturgis, City Clerk Theresa Schyma, Human Resources Director Kirsten Santelices, and Equity Coordinator Kiarra Zachery 1C. Presentation— Hennepin County Sheriff Hutchinson Hennepin County Sheriff Hutchinson updated the Council on the Pink Patch Program, the number of overall emergency calls, the number of canine calls, and how COVID-19 infected individuals are managed in the county jail. He also spoke on civil unrest in the suburbs explaining that there are plans in place throughout the County and the State to work cooperatively with all City Departments. Sheriff Hutchinson thanked all the Golden Valley Officers and fire fighters for their outstanding duty in keeping all residents safe. 2. Additions and Corrections to Agenda MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to approve the agenda of October 7, 2020, as submitted. Upon a vote being taken, the following voted in favor of: Gillian Rosenquist, Kimberly Sanberg, Shep Harris, Larry Fonnest, Maurice Harris, the following voted against: none and the motion carried. 3. Approval of Consent Agenda MOTION made by Council Member Rosenquist, seconded by Council Member Harris to approve the consent agenda of September 15, 2020, as revised: removal of Item 3C: Approve Resolution Disavowing & Condemning the Use of Discriminatory Covenants in Golden Valley and Approving Participation in Just City of Golden Valley City Council Regular Meeting Minutes October 7, 2020- 6:30 pm Deeds Coalition Resolution #20-54. Item 3F: Authorization to Sign School Resource Officer Service Agreement with Independent School District#281. Item 3D: Approve Livable Communities Act Reenrollment for 2021-2030 Resolution #20-55. Upon a vote being taken, the following voted in favor of: Maurice Harris, Larry Fonnest, Shep Harris, Kimberly Sanberg, and Gillian Rosenquist, the following voted against: none and the motion carried. 3A. Approval of Minutes: 3A1. Council Manager Meeting—September 8, 2020 3A2. City Council Meeting—September 15, 2020 313. Approve City Check Register and authorize the payments of the bills as submitted. 9G. AppFeve Reselut on Disavowing & Condemning the Use of DOSGFOMinateFy Covenants On Golden Valley and ApPFOVORg PaFtiGipatien on just Deeds Coalition Resolution #20 54. 3E. Approval of Election-Related Resolutions: 1. Resolution #20-56—Appointment of Election Judges for November 3 General Election. 2. Resolution #20-57— Establishment of an Absentee Ballot Board 3G. Approval of Resolution #20-58 Rescinding Resolution #14-37 Appointing City Clerk. 3H. Approve Amended Addendum to the City Manager Employment Agreement Resolution #20-59. 3. Items Removed From the Consent Agenda: 3C. Approve Resolution Disavowing & Condemning the Use of Discriminatory Covenants in Golden Valley and Approving Participation in Just Deeds Coalition Resolution #20-54. City Manager Cruikshank introduced three staff members making up the collation of partners for this agenda item including City Attorney Maria Cisneros, Equity Manager Kiarra Zachery, and Human Resources Director/Human Rights Commission Liaison Kirsten Santelices. Human Resources Director Santelices conducted a presentation on Just Deeds which is a project launched by the Human Rights Commission to provide free legal assistance to homeowners to research and discharge discriminatory covenants from property titles. Equity Manager Zachery presented a discussion on why covenants matter and that historic covenants still have an impact on our current reality. City Attorney Cisneros discussed the City's role in discriminatory Covenants. MOTION made by Council Member Fonnest, seconded by Council Member Harris to Approve Resolution Disavowing & Condemning the Use of Discriminatory Covenants in Golden Valley and Approving Participation in Just Deeds Coalition Resolution #20-54. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 3D. Approve Livable Communities Act Reenrollment for 2021-2030 Resolution #20-55. City Planner Zimmerman reported the Livable Communities Act is a Met Council program that funds grants to support redevelopment and affordable housing. This Resolution would reenroll the City for the next decade. City of Golden Valley City Council Regular Meeting Minutes October 7, 2020- 6:30 pm MOTION made by Council Member Harris, seconded by Council Member Fonnest to Approve the Livable Communities Act Reenrollment for 2021-2030 Resolution #20-55. Upon a vote being taken, the following voted in favor of: Maurice Harris, Gillian Rosenquist, Shep Harris, Kimberly Sanberg, and Larry Fonnest, the following voted against: none and the motion carried. 3F. Authorization to Sign School Resource Officer Service Agreement with Independent School District#281. City Manager Cruikshank reported this agreement will provide one full-time police officer and related support services and supplies for the term of July 1, 2020 through June 30, 3021. MOTION made by Council Member Sanberg, seconded by Council Member Rosenquist to Approve the Authorization to Sign the School Resource Officer Service Agreement with Independent School District #281. Upon a vote being taken, the following voted in favor of: Kimberly Sanberg, Shep Harris, Larry Fonnest, Gillian Rosenquist, the following voted against: Maurice Harris and the motion carried. 4. Public Hearing 4A. Public Hearing—Zoning Text Amendment— Revising the Density Range of the Medium Density Residential (R-3) Zoning District. City Planner Zimmerman stated with the adoption of the 2040 Comprehensive Plan, the City committed to considering certain zoning text amendments in order to fulfill policy objectives included in the document. One such revision is to the density range allowed within the existing Medium Density Residential (R-3) Zoning District. Mayor Harris opened the public hearing. Ruth Paradise, 8515 Duluth Street, disagrees with changing the density as she believes this would greatly increase traffic in her neighborhood. As there were no additional callers, Mayor Harris closed the public hearing. MOTION made by Council Member Rosenquist, seconded by Council Member Harris to Adopt Ordinance #690, Amending Section 113-90: Medium Density Residential (R-3) Zoning District to revise the Allowed Density Range. Upon a vote being taken, the following voted in favor of: Gillian Rosenquist, Kimberly Sanberg, Shep Harris, Larry Fonnest and Maurice Harris, the following voted against: none and the motion carried. 4B. Public Hearing—Amendments to the Zoning Map— Rezoning Properties to Achieve Conformance with the 2040 Comprehensive Plan Planning Manager Jason Zimmerman requested 16 properties be considered for rezoning on order to come into conformance with the Future Land Use Map in the 2040 Comprehensive Plan. There was Council discussion regarding the Amendments to the Zoning Map. City of Golden Valley City Council Regular Meeting Minutes October 7, 2020- 6:30 pm Mayor Harris opened the public hearing. Christopher Robinson, 7650 Harold Avenue North, strongly disagrees with rezoning the area due to traffic concerns related to pedestrian safety. Erick Peterson, 130 Louisiana Ave North, strongly disagrees with rezoning the area and concurred with Mr. Robinson's comments. Tina Prokosch, 7601 Harold Avenue, disagrees with rezoning the area due to the impact that increased traffic would have on her single-family residential neighborhood. Mayor Harris closed the public hearing. There was Council discussion regarding the proposed ordinances regarding rezoning. MOTION made by Council Member Fonnest, seconded by Council Member Harris to Adopt Ordinance #692, Rezoning Certain Properties at Douglas Drive and Golden Valley Road in Order to Achieve Alignment with the 2040 Comprehensive Plan. Upon a vote being taken, the following voted in favor of: Gillian Rosenquist, Maurice Harris, Larry Fonnest, Kimberly Sanberg, and Shep Harris, the following voted against: none and the motion carried. MOTION made by Council Member Fonnest, seconded by Council Member Rosenquist to refer the proposal back to the Planning Commission for further consideration with staff. Upon a vote being taken, the following voted in favor of: Shep Harris, Larry Fonnest, Maurice Harris, Gillian Rosenquist, and Kimberly Sanberg, the following voted against: none and the motion carried. 4C. Public Hearing—Approval of Conditional Use Permit 168, Amendment#1— 145 Jersey Ave S Planner Myles Campbell stated the Good Shepherd School is requesting an amendment to an existing CUP in order to allow for the expansion of the school's pre-k child care center. There was Council discussion regarding the Conditional Use Permit 168. Mayor Harris opened the public hearing. No one requested to speak. Mayor Harris closed the public hearing. MOTION made by Council Member Harris, seconded by Council Member Sandberg to adopt Ordinance #693, Approval of Conditional Use Permit 168, Amendment#1 allowing for expanded child care services at 145 Jersey Ave S. Upon a vote being taken, the following voted in favor of: Kimberly Sandberg, Maurice Harris, Gillian Rosenquist Shep Harris, and Larry Fonnest, the following voted against: none and the motion carried. 4D. Public Hearing—Special Assessment—2020 Delinquent Utility Bills Finance Director Sue Virnig presented the Council will an overview of the process. City of Golden Valley City Council Regular Meeting Minutes October 7, 2020- 6:30 pm Mayor Harris opened the public hearing. No one requested to speak. Mayor Harris closed the public hearing. MOTION made by Council Member Sanberg, seconded by Council Member Harris to Approve Resolution #20-60 Adopting and Confirming Assessments for Delinquent 2020 Delinquent Utility Bills. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Shep Harris, Maurice Harris, Kimberly Sanberg, and Gillian Rosenquist, the following voted against: none and the motion carried. 4E. Public Hearing—Special Assessment—2020 Delinquent Miscellaneous Charges Finance Director Sue Virnig presented the Council will an overview of the process. Mayor Harris opened the public hearing. No one requested to speak. Mayor Harris closed the public hearing. MOTION made by Council Member Sanberg, seconded by Council Member Fonnest to Approve Resolution #20-61 adopting and confirming Assessments for Delinquent 2020 Miscellaneous Charges with an amended paragraph three stating three percent. Upon a vote being taken, the following voted in favor of: Maurice Harris, Gillian Rosenquist, Larry Fonnest, Kimberly Sanberg, Shep Harris, the following voted against: none and the motion carried. S. Old Business 6. New Business 6A. COVID-19 Pandemic Emergency Administrative Actions City Attorney Cisneros presented the staff report and answered questions from Council. There was Council discussion regarding the proposed emergency administrative actions items. MOTION made by Council Member Rosenquist, seconded by Council Member Harris to ratify Emergency Administrative Actions 20-65, 20-66, and 20-67. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Kimberly Sanberg, Gillian Rosenquist, Shep Harris, and Maurice Harris. The following voted against: none and the motion carried. 6E. Review of Council Calendar Mayor Harris reviewed the Council Calendar. 6F. Mayor and Council Communications Council Member Sanberg encouraged all residents to vote and explained the different ways and options to vote. City of Golden Valley City Council Regular Meeting Minutes October 7, 2020- 6:30 pm Council Member Rosenquist stated the League of Women Voters and the Minnesota State Bar Association will be co-hosting an associate Supreme Court justice candidate forum on October 12 at 6:30 pm broadcast on CCX media. Council Member Rosenquist stated there is an extension on the ability to respond to the census passed on September 30, 2020 and encourages everyone to respond to the census. Mayor Harris reported the Governor will be having another special session on October 12 with a potential bonding bill to include the City of Golden Valley. Council Member Rosenquist and City Manager Cruikshank will be attending the Blue Line Coalition with the Governor on October 8, 2020. 7. Adjourn MOTION made by Council Member Fonnest, seconded by Council Member Sanberg to adjourn the meeting at 10:30 pm. Upon a vote being taken, the following voted in favor of: Kimberly Sanberg, Maurice Harris, Gillian Rosenquist, Shep Harris, and Larry Fonnest, the following voted against: none and the motion carried. Shepard M. Harris, Mayor ATTEST: Sue Schwalbe, Deputy City Clerk Giyob EXECUTIVE SUMMARY go 1 d e Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley City Council Meeting October 20, 2020 Agenda Item 3. B. 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://webiink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=832914&dbid=2&repo=GoldenVaIley The check register for approval: • 10/03/20 Check Register EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting October 20, 2020 Agenda Item 3. C. 1. Accept Resignation from the Human Services Commission Prepared By Tomas Romano, Assistant to the City Manager's Office Summary Commissioner Joel Nelson has submitted his resignation from Human Services Commission Financial Or Budget Considerations Not applicable Recommended Action Motion to accept the resignation of Joel Nelson from the Human Services Commission. EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting October 20, 2020 Agenda Item 3. C. 2. Board/Commission Appointments Prepared By Tomas Romano, Assistant to the City Manager's Office Summary As Board and Commissions have vacancies, the City Council conducts interviews with individuals who have applied to serve on them. After interviews are conducted, the Council may decide to make appointments. Financial Or Budget Considerations Not applicable Recommended Action List of Current Boards/Commissions Vacancies I Human Services Commission I Term expires May, 2021 014*1110, 7800 Golden Valley Road I Golden Valley,MN 55427 City of 763-593-8027 I TTY 763-593-3968'763-593-8198(fax)I www.goldenvalleymn.gov golden, u v e Environmental Commission August 24, 2020—6:30 pm REGULAR MEETING MINUTES This meeting will be held via Cisco Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by calling 1-415-655- 0001 and entering the meeting code 133 703 2251. For technical assistance, please contact support staff at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. Additional information about for monitoring electronic meetings is available on the City website. 1. Call to Order The meeting was called to order by Chair Seys at 6:31. 2. Roll Call Commissioners present: Scott Seys, Debra Yahle, Tonia Galonska, Dawn Hill, Jim Stremel, Shannon Hansen, Wendy Weirich Commissioners absent: None Council Members present: None Staff present: Eric Eckman, Environmental Resources Supervisor; Drew Chirpich, Environmental Specialist; Carrie Nelson, Administrative Assistant. 3. Approval of Agenda MOTION by Commissioner Hill, seconded by Commissioner Stremel to approve the agenda of August 24, 2020 and the motion carried. 4. Approval of June 22, 2020 Regular Meeting Minutes MOTION by Commissioner Galonska, seconded by Commissioner Weirich to approve the minutes of July 27, 2020 as submitted and the motion carried. 5. Old Business A. Partners in Energy Update (PIE) i. Commissioner Galonska is the representative from the EC. ii. There was a survey for the team members to get to know each other and their backgrounds/experience/knowledge before the first meeting. iii. First meeting was August 25. Facilitators are from Xcel Energy and the Center for Energy and the Environment (CEE). 1. There will be an overview of the entire program and plan developed over the next 6 months. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille,audiocassette, etc. City of Golden Valley Environmental Commission Regular Meeting August 24, 2020—6:30 pm 2. Team will review the demographics and energy consumption data in Golden Valley. 3. Team will create an energy vision statement for the community from a proposed draft vision. iv. Groups represented on the team: 1. Business 2. Schools and Institutions 3. Residents 4. Prism 5. Corporate —General Mills, Allianz, and Mortenson Construction B. Curbside Organics Collection Update—All in— Everyone Pays i. Looking to send out the Request for Proposals (RFP) by December/January along with draft contracts for both organics and mixed recycling. ii. Will share with EC in September before sitting down with Council. iii. There is a chance the organics and mixed recycling company could be the same contractor. 1. It wouldn't cut down on the number of trucks. Separate trucks to separate places. Pushing companies to look into things such as smaller bins, and trucks the can accommodate more than one stream of waste and recycling. 2. Carts couldn't be shared. 3. Better pricing for residents? C. Environmental Justice Collaboration i. A time to meet hasn't been scheduled yet. Hopefully sooner rather than later. ii. Anyone else interested in joining the sub-committee? 6. New Business A. Using Goats for Vegetation Management i. Looking to provide a recommendation in September or October to bring to council. ii. Using goats would cut down on the amount of chemicals used. It would also reduce our carbon footprint by not using machines iii. Questions to consider: 1. Is there a way to keep them from eating the good native plants? 2. How do you choose the location? a. City Forester and Drew will look at each location. b. We have a natural resources inventory and can look at areas with a higher percentage of buckthorn. c. Would use in targeted areas with double-row of fencing. 3. Cost? Using Goats vs. Paying a Company or, if residential, Doing it Yourself. 4. How can we decrease seed spread? a. Possibly remove the large berry producing trees before using the goats. 5. How many goats and for how long per area size? 6. How can we keep goat waste out of waterways? City of Golden Valley Environmental Commission Regular Meeting August 24, 2020—6:30 pm a. Use a vegetative buffer as well as two rows of erosion control barrier before the water. iv. Residential Goat Use: 1. Make it clear that goats are to be rented from a licensed herder who manages them and can only be on the property for a certain amount of time. 2. Residents will need to submit a permit application to propose the area goats will be used for staff to review and advise. 3. The City will send notices to adjacent properties. These homeowners will have the option to object. If a certain percentage of properties object the permit would go before the Council for approval. 4. There will be a limitation to how many goats can be used based on the size of the property. v. Hold off on Sheep for now. Look at allowing them in the future after we see how goat use goes. vi. Look at the other City Codes as examples of what we would like to model ours to look like. B. Energy Update i. Solar Production Data: 1. The City has installed four—40-Kilowatt solar arrays on top of buildings at the City Hall Campus. The arrays produce about 10% of the energy consumed by the City each year—this helps offset our GHG emissions. ii. GreenStep Cities Step 4-5 Energy Metric 1. Made improvements from 2016 to 2017 in every area with the exception of Annual Renewable Energy Purchases by the City (14.4). a. This is the purchase of renewable energy generated by, for example, solar or wind from Xcel or a 3rd party. Can purchase credits and invest in big solar farms or community solar gardens outside of Golden Valley. b. The previous Council's thinking was that we are producing energy already with the solar arrays so it wouldn't make sense to purchase it from outside the City. c. We spoke with the Council a couple years ago and they decided we wanted to do more locally and invest in the community. d. Wait to see what the Energy Action Team comes up with for energy goals and plans. e. Do we track how much solar power from the Cities arrays is being sold back to the grid? Credits back? f. Do we have enough to get a Step 5? i. We have to fulfill the green sections to achieve step 5. We're working to document year over year to maintain Step 4 status and accumulate multiple Step 4 years. City of Golden Valley Environmental Commission Regular Meeting " August 24, 2020—6:30 pm ii. Green Step Cities Program keeps evolving. 14.4 may not be a requirement forever. If it comes down to needing it to get to Step 5 maybe the council would be receptive to that and there will be a program we could buy into that would make sense and could save the taxpayers money. MOTION by Commissioner Hill, seconded by Commissioner Yahle to approve the Energy Metric as submitted within the GreenSteps Program and the motion carried. C. Program/Project Updates i. Wildwood Park/SEA School Survey 1. Potential Above/Below Ground Floodwater Storage in under-utilized areas of the park. 2. Communication Staff put together a Community Input Report available on the website. This was used to put together three different concept plans for the community to review. a. A letter will be sent out with the concept plans and to point people to the Community Input Report and ask for community input on the concept plans. 3. Possible for the Commission to have input? 4. Come back to this next month? 5. Eric will need to ask about this to see if it's something that can have further discussion. Will it need to go to council to amend the 2020 workplan? 6. Commissioners can take the survey online and give feedback that way. D. Council Updates None E. Other Business i. Light Rail 1. Leasing from Burlington Northern Santa Fe Railroad and co-locating the light rail with the freight rail, no agreement could be reached. 2. Will need to take a fresh look at the route and alignment. The Committees are starting to meet. 7. Adjournment MOTION by Commissioner Fettig, seconded by Commissioner Hill to adjourn the meeting at 8:24 pm and the motion carried. ATTEST: City of Golden Valley Environmental Commission Regular Meeting 5 August 24, 2020—6:30 pm Carrie Nelson, Administrative Assistant Scott Seys, Chair EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting October 20, 2020 Agenda Item 3. D. 1. Approve Architectural Services Contract of Municipal Facilities Needs Analysis Prepared By Marc Nevinski, Physical Development Director Summary One of the key principles from the 2018 ULI Technical Advisory Panel visit Golden Valley included reorienting a number of city operations and redeveloping a portion of the City Campus to support additional commercial activity in the downtown area. This, as well as the conclusions from the 2016 Fire/Rescue Analysis, lead to several concepts for the City Campus area as part of the Downtown Study. With the intent of building on these efforts, the 2020 budget includes funding for a municipal facilities planning process to develop a more detailed, long-term plan for a phased approach to develop new facilities on a portion of its current campus, relocate Public Works operations, and make portions of its current site available for private investment to support activity in its downtown. In August, a request for proposal for architectural services was prepared and included the following components: • Development of guiding principles • Stakeholder and community engagement • Meeting facilitation of a resident and business task force • Development of schematic plans • Development of site selection criteria for remote a Public Works facility and Fire Station • Phasing and staging plan for construction of new facilities • Construction cost estimates • Site preparation plans and costs to decommission buildings The City sent a request for proposals to approximately eighty architectural and design firms. Twenty- eight of the firms were identified using the Minnesota Unified Certification Program's Disadvantage Business Enterprise database. Thirteen proposals in all were received (two from firms on the DBE list) and reviewed by the project steering committee. Three firms were interviewed and the project steering committee (City Hall, Public Works and Public Safety staff) selected BKV Group, who's team also includes HKGi, Oretel Architects, Wenk Associates, and Krause Anderson. BKV Group previously completed similar projects in Fridley, Roseville, and Albert Lee. Work on the study will begin in November and conclude with a report to the Council in May or June. City Council Regular Meeting Executive Summary 2 City of Golden Valley September 5, 2019 Financial Or Budget Considerations The 2020 Budget includes $70,000 for the completion of a facilities analysis. The proposed contract is under budget by $11,540. Recommended Action Motion to authorize the Mayor and City Manager to execute a Professional Services Agreement with BKV Group, in a form approved by the City Attorney, in the amount of$58,460. Supporting Documents • Professional Services Contract with BKV Group (28 pages) PROFESSIONAL SERVICES AGREEMENT ARCHITECTURAL SERVICES THIS AGREEMENT is made this October 15, 2020 ("Effective Date") by and between Boarman, Kroos, Vogel Group, Inc. dba as BKV Group, a Minnesota corporation with its principal office at 222 North 2nd Street, Suite 101, Minneapolis, MN 55401 ("Consultant"), 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. Consultant is engaged in the business of providing professional engineering consulting services. B. The City desires to hire Consultant to provide facility planning and design services for the Golden Valley Municipal Facilities Needs Analysis. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW,THEREFORE, in consideration of the terms and conditions expressed in this Agreement,the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the "Services"). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. Consultant may reasonably rely on information and documents provided by or through the City. 2. Time for Completion. The Services shall be completed on or before July 15, 2021, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant's fee schedule, included in Exhibit A. Consultant's total compensation for the Services, including hourly fees and expenses, shall not exceed $58,460. The consideration shall be for both the Services performed by Consultant and any and all expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates,titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty (30) days after Consultant's statements are submitted. 1 4. Approvals. Consultant shall secure the City's written approval before making any expenditures, purchases, or commitments on the City's behalf beyond those listed in the Services. The City's approval may be provided via electronic mail. 5. Termination. 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. Consultant 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 Consultant's failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services 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 Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant's breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, 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. Consultant 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. 10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant'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 reasonable attorneys' fees, professional services, and other technical, administrative or professional assistance to the extent resulting from Consultant's (or its subcontractors, agents, volunteers, members,invitees, representatives,or employees) negligent 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 Consultant, or arising out of Consultant's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 2 11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant agrees that before any work related to the approved project can be performed, Consultant shall maintain at a minimum: A. Workers'Compensation and Employers'Liability 1. Coverage A: Per state statute 2. Coverage B: $500,000 each accident $500,000 Disease—policy limit $500,000 Disease—each employee B. Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products—Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury C. Commercial Automobile Liability 1. $1,000,000 Combined single limit bodily injury and property damage. The Commercial Automobile Liability shall provide coverage for the following automobiles: i. All owned automobiles ii. All non-owned automobiles iii. All hired automobiles D. Umbrella Liability 1. $10,000,000 Each claim 2. $10,000,000 Annual aggregate The umbrella liability shall provide excess limits for the commercial general liability policies. E. Professional and Pollution Incident Liability Professional liability insurance including pollution incident liability coverage with limits of not less than: 1. $5,000,000 per claim 2. $5,000,000 annual aggregate Consultant 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. 3 12. Assignment. Neither the City nor Consultant shall assign or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the prior written consent of the other except to the extent that the effect of this limitation may be restricted by law. Any assignment in violation of this provision is null and void. 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 Consultant from employing such independent consultants, associates, and subcontractors,as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 13. Independent Consultant. Consultant is an independent contractor. Consultant's duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services 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. Consultant 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 services provided by Consultant pursuant to this Agreement shall be provided by Consultant 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. 14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant'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. Consultant 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. 15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between this Agreement and Exhibits A or B, the terms of this Agreement shall prevail. 16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 17. 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 mediated with a mutually acceptable third-party neutral within 90 days of either party giving notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute, controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all 4 parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in its representation of the City. In the event of a conflict of interest, Consultant 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 Services. 19. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City's employees or agents, raw market data, survey data, market analysis data, and any other data, work product,or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3)a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement.Any reuse of the records, information, materials, or work product without written verification or adaptation by Consultant will be at the City's sole risk and without liability or legal exposure to Consultant. 20. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City's sole discretion. 21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant 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. Consultant 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 Consultant 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. 22. No Discrimination. Consultant agrees not to discriminate in providing products and 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 part of this provision may lead to immediate termination of this Agreement. Consultant 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.Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, reasonable attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services 5 under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City's authorized agent for purposes of administration of this contract is Jeff Oliver, City Engineer, or designee. Consultant's authorized agent for purposes of administration of this contract is Jen Koehler, or designee who shall perform or supervise the performance of all Services. 24. 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: CONSULTANT THE CITY BKV Group City of Golden Valley Bruce Schwartzman Marc Nevinski 222 North 2nd Street, Suite 101 7800 Golden Valley Road Minneapolis, MN 55401 Golden Valley, MN 55437 Bschwartzman@bkvgroup.com mnevinski@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. 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. 27. 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. 28. Payment of Subcontractors.Consultant agrees that it must pay any subcontractor within 10 days of the Consultant's receipt of payment from the City for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent 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 or more is$10. For an unpaid balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded its costs and disbursements, including attorneys' fees, incurred in bringing the action. 29. Publicity. At the City's request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City's logo or state that the City endorses its services without the City's advanced written approval. 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. 6 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 Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, 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 Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. BKV GOUP: CITY OF GOLDEN VALLEY: By: By: Name: Bruce Schwartzman Shepard M. Harris, Mayor Title: By: By: Name: Michael Krych Timothy J. Cruikshank, City Manager Title: 7 EXHIBIT A SCOPE OF SERVICES 8 222 NORTH 2ND STREET SUITE 101 BKV WWW.BKVGROUP.COM G R D U P CONTACT PARTNER-IN-CHARGE 612.790.7605 AA GOLDEN VALLEY , MN PROPOSAL FOR ARCHITECTURAL SERVICES - MUNICIPAL FACILITIES NEEDS ANALYSIS S E P T E M B E R 18 , 2020 Utility Maintenance Q a 7720 Golden Valley Rd 1. f111 r J 12,734 sqft r G < ^,4 Vehicle Maintenance Y. a 7730 Golden Valley Rd Q Q 10,551 sqft 71 ' w� 4) W AW 91 Y Park&Street Maintenance II 7730 Golden Valley Rd 30,351 sqft Public Safety •;�. ter., 7700 Golden Valley Rd 77 18,182 sqft J-1 � City Hall 7800 Golden Valley Rd .�� 13,974 sqft Architecture Interior Design Landscape Architecture Engineering BKV G R O U P ARCHITECTURE INTERIOR DESIGN LANDSCAPE ARCHITECTURE ENGINEERING September 18, 2020 City of Golden Valley Marc Nevinski, Physical Development Director City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 mnevinski@aoldenva Ileymn.aov RE: Proposal for Architectural Services-Municipal Facilities Needs Analysis Dear Mr. Nevinski and Selection Committee, On behalf of BKV Group we appreciate this opportunity to submit our proposal to the City for the Municipal Facilities Needs Analysis.The BKV team has completed over 150+ needs assessments on City and County facilities in Minnesota and throughout the Midwest. Facility planning and design has been a focus of BKV Group since the firm was founded in Minneapolis in 1978. DESCRIPTION OF COMPANYIBM BKV Group is a full-service architecture, t{ engineering,interior design, landscape architecture and construction administration I firm.Over the last 42 years, BKV Group has ,. grown from a sole proprietorship into a diverse partnership with offices in Chicago,Washington BY THE NUMBERS BKV GROUP - DC, Dallas, and Minneapolis,serving clients NEEDS ASSESSMENTS,STUDIES, locally and nationwide. YEARS IN OPERATION FOCUSED MARKETS AND MASTER PLANS Collectively,we represent a practice whose BKV Group's governmenttearn brings participation in more than 150 projects overthe course of 40 expertise is team-focused and offers a client- EMPLOYEES LOCATIONS centered approach to creating architectural design,and engineering specialties under one roof. Our experience with all types of municipal facilities solutions.Through our full-service structure,we LICENSED ENGINEERS LICENSED ARCHITECTS including city/village halls,police stations,fire offer our clients a single source for all aspects ofcovers ectrum of planning,design and construction design and construction administration services. LEED ACCREDITED AWARDS administration services for new construction, additions,and renovations. Our proposed team has extensive experience and strengths in municipal planning and with each facility type included in this study. Our team will be led by Senior Partner Bruce Schwartzman,who heads our Government practice with over thirty years' experience in municipal planning and focused Police and Public Safety planning.Susan Morgan will be the Project Manager, managing the BKV Group team including our consultants, and contributing as the project's Library Facility Planner. Leveraging other facility experts within our firm,our team will include Craig Carter, a national expert in Fire Station planning, design, and operations, Greg Martin, retired Fire Chief and Fire Service Operations Specialist, and Interior Design Partner Kelly Naylor as lead City Hall planner. PARTNERING COMPANIES Successful project delivery rests on strong partnerships, and we are proposing consultants with whom we have a working history,and who will provide professional services and insights to meet project objectives: Oertel Architects, Public Works specialists,Wenck Civil Engineers, HKGi as partners for municipal planning and community engagement, and Kraus/ Anderson for pre-construction estimating and strategy. 1 1 ENRICHING LIVES AND STRENGTHENING COMMUNITIES PRIOR EXPERIENCE Each component of BKV Group's team is experienced in detailed municipal facility needs assessment,working with Twin City Metro area constituents and those throughout the state. BKV has collaborated with our proposed partners on current and recent municipal planning projects including the Roseville Civic Campus Master Plan,Site Assessment and Pre-Design for the City of Dilworth, planning and design services for the Fridley Civic Campus,and a Feasibility Study for the City of Howard Lake. - , is w WOODHILL DRIVE A , 1, Hl7WARD aOHNSON PARK i m "w r " n r ;. COST ROSEVILLE CIVIC CAMPUS MASTER PLAN N/A ROSEVILLE, MINNESOTA SIZE 3,300 SF Existing Development of a Civic Campus Master Plan for the City of Roseville, MN following 8,781 SF New the City's purchase of land adjacent to the existing campus, home to City Hall, Police Department,Maintenance Facility,and Central Fire Station.Concurrent with the COMPLETED growth of City services, and building on earlier studies regarding the Maintenance September 2020 Facility and License Facility, this project aims to provide a planning and growth SERVICES framework for phased redevelopment. Project Management, Master The project's core goals are to: increase operational efficiency, establish a cohesive Planning, Programming civic campus,address current and long-term needs of stakeholders,increase community access, enhance civic identity,and balance fiscal responsibility and PARTICPANTS value.The Master Plan process includes a multi-phase community engagement BKV Group strategy,detailed programming with City departments to understand operations and Oertel Architects develop detailed space program requirements, and creation of a set of planning Wenck Civil Engineers options offering distinct opportunities for the future of the civic campus. Kraus/Anderson 2 1 ENRICHING LIVES AND STRENGTHENING COMMUNITIES ,emu r Y 149fh1H 1 CSASr9241 Shr � it ,�,i N .k uA, . wt F w COST FRIDLEY CIVIC CAMPUS $45 million FRIDLEY, MINNESOTA SIZE 184,300 SF Building on HKGi's 2016 site redevelopment plan, BKV Group was commissioned in the programming and construction of the new Fridley Civic Campus.Across University COMPLETED Avenue from the City of Fridley's Community Park, and directly west of the wooded October 2018 trails of Locke Park and Rice Creek,stands the recently completed Fridley Civic SERVICES Campus. This municipal improvement project features a new City Hall/ Public Safety Project Management, Master facility and Public Works facility, organized around a central water feature and shared Planning, Programming, Design, plaza.The civic campus will be a central feature in a larger project currently called the Documentation,Architecture, Columbia Arena Redevelopment. Interior Design,Mechanical, The City Hall includes administrative offices, public service counters with adjacent Electrical, and Structural breakout conference rooms,community-use space,and a showpiece council Engineering, Landscape chambers. Architecture,Specifications, Code Review,Construction The police and fire facility is located across the lobby from the City Hall.A separate Administration public lobby, Records, police administration, investigations, and patrol spaces are all located on the first floor.The lower level contains a squad garage,a small holding PARTICPANTS facility with attached vehicle sallyport,evidence processing and storage area, and a BKV Group five-lane firing range.On the second floor, an EOC/training room and fitness room are Oertel Architects accessible for employees. Wenck Civil Engineers HKGi. 3 I ENRICHING LIVES AND STRENGTHENING COMMUNITIES ���:. FOUNTAIN LAKEe s4'SETBACK - I CITY HALL Eaon a a ` j 2 BLAZING STAR CENTER 3 ICE ARENA 4 HOTEL 5 MULTI-STORY MIXED USE y .. '. _....._ .; � 6_ HOUSING N � — j 7 SKATE PARK 8 OUTD OOR RECREATION II I� 9 WATERFRONT RETAIL w ................. �1 ., .,ELL ;' � .. - •ter..* xls n _ % a BRioCE ..dIL Job EAST FEQNT y y C � x I w& STREET, ALBERT LEA LAKE WATERFRONT- f PROMEN ACE COST CITY-WIDE FACILITIES ASSESMENT & MASTERPLAN N/A ALBERT LEA, MINNESOTA SIZE 410,000 SF Albert Lea selected BKV Group to perform a comprehensive study of the City's facilities, including the Airport,City Hall, Library, Fire Station, Police COMPLETED Station, PSAP, Public Works, Pool House, Community Center, Ice Arena, and a February 2015 large park shelter.As a holistic design firm, BKV Group staff assessed the civil, landscape, architectural,interiors,structural, electrical, mechanical, plumbing, SERVICES and communications elements of each existing building. BKV Group reviewed Existing Conditions Assessments, each space for physical and functional deficiencies,with help from specialty Space Needs Analyses,Site consultants for the airport and ice arena. Feasibility Studies,Overall Master Through a series of interviews with elected officials and department heads, as Plans well as online surveys for all City employees, BKV Group gathered data about current functional frustrations, maintenance concerns,and expected future needs.This information was compiled and analyzed to inform the creation of space needs programs for each City department. For some of the buildings expected to remain in place, the masterplan recommended a series of interventions to bring the buildings up to full repair, code compliance, and to enhance functionality. For the Airport and Public Works facilities,site masterplans were created that included demolition of some buildings, renovations of others, and suggested new construction. For the remainder, masterplanning options looked a variety of co-location or stand-alone possibilities, including the investigation of multiple options to spur development in an abandoned industrial site in the center of town. 4 1 ENRICHING LIVES AND STRENGTHENING COMMUNITIES N RETAINING WALLS LIBRARY 24 Parking Spaces ; DEMOLISHED LIBRARY ,- ----------------- - Reading Garden 6th Avenue CD --------------- N r N (14) Parking Spots ALTERNATE: (Existing Lot) Existing Building B i Reading (14) Spot (Add Alt: Regrade to D molished 1-Story Garden Parking Lot at Align.w/Librory)_ ', ------ ----------- ar Libr y Level (6) Pull-In Spots — — ----- -- -- ---- -- — — — 6th Avenue COST HOWARD LAKE FEASIBILITY STUDY N/A HOWARD LAKE, MINNESOTA SIZE 5 Departments BKV Group assisted the City of Howard Lake with a facility assessment and space needs study for their City Hall, Police Department, Library and Public Works facilities. COMPLETED The BKV Group team inspected the City's facilities and completed a comprehensive June 2018 facility assessment identifying accessibility and maintenance items.As part of the SERVICES facility assessment,a cost estimate was developed for each facility to support the City Project Management, Facility in developing an accurate Capital Improvement Plan based on short-term, mid-term, Assessment, Feasibility Study, and long-term needs.The space needs study identified operational space deficiencies Programming, Cost Estimating along with creating staffing and space projections for future space needs and long-term planning.Working together with City staff, BKV Group developed several PARTICPANTS planning options for how to address the City's short-term and long-term space needs BKV Group for each of their facilities,along with an estimated cost for each option. 5 1 ENRICHING LIVES AND STRENGTHENING COMMUNITIES KEY PEOPLE Proposed project team members bring direct expertise in working with municipal planning and design, and working together bring a wealth of experience to this project for the City of Golden Valley. BRUCE SCHWARTZMAN, AIA PARTNER-IN-CHARGE/POLICE EXPERT Bruce Schwartzman has more than 41 years Detroit Lakes Police &City Hall Study, Detroit of experience in feasibility studies and design Lakes,MN of city and county government projects. Lake Elmo Municipal Space Needs Assessment, Bruce has been involved with over 75 studies Lake Elmo,MN EDUCATION // and facility assessments on a variety of Cloquet Facilities Assessment and Master Plan, University of Arizona, project types both regionally and nationally. Cloquet,MN Architecture He has taken many of the studies from the Shakopee City Hall Study,Shakopee,MN REGISTRATIONS // initial planning process through design and Licensed Architect:MN construction. Ramsey Public Works Study, Ramsey,MN #27026 Excelsior City Hall Space Needs Study& YEARS OF EXPERIENCE RELEVANT EXPERIENCE Renovation, Excelsior,MN Becker Facilities Assessment, Becker,MN 41 Roseville Civic Campus Master Plan, Roseville,MN Emily City Hall & Police Department, Emily Dilworth Site Assessment and Pre-Design, Dilworth, Feasibility study& Renovation,MN MN Ramsey Fire Station No.2 Study& New Fridley Civic Campus, Fridley,MN Construction, Ramsey,MN Howard Lake Feasibility Study, Howard Lake,MN Rochester North Police Station&Service Center, Albert Lea City-Wide Facilities Assessment& Rochester,MN. Master Plan,Albert Lea,MN SUSAN MORGAN, AIA, LEED AP BD+C PROJECT MANAGER /LIBRARY FACILITY PLANNER Over the course of 16 years,Susan has Facilities Master Plan, Ramsey County Library, established strong working relationships with MN* clients by resolving the unique complexities Maplewood Pre-Design Study, Ramsey County each project and context presents.As a Library,MN* EDUCATION // project manager,Susan balances vision, Clark Pleasant Branch Feasibility Study, Johnson Master of Architecture, performance, and budget to create a County, IN* Massachusetts Institute responsive, integrated design solution. of Technology(MIT) Plymouth City Hall Lower Level Renovation, Plymouth,MN Bachelor of Science A RELEVANT EXPERIENCE in Architecture,in City Hall, Independence,MN Washington University in Roseville Civic Campus Master Plan, Roseville,MN Rochester North Police Station&Service Center, St. Louis Howard Lake Feasibility Study, Howard Lake,MN Rochester,MN Detroit Lakes Police &City Hall Study, Detroit Mary Riley Styles Public Library Modernization, REGISTRATIONS // Lakes,MN Falls Church, VA Licensed Architect: MA #50035; LEED AP, Pre-Design for Administrative Offices, Ramsey Detroit Lakes Police Department Facility, Detroit BD+C County,MN Lakes,MN Core Services Planning for Residents First Program, YEARS OF EXPERIENCE Ramsey County,MN 16 6 1 ENRICHING LIVES AND STRENGTHENING COMMUNITIES CRAIG CARTER, AIA, LEED AP BD+C FIRE STATION PLANNER / EXPERT 4f Craig has 16 years of experience in Rochester Fire Department Station#2, Rochester, architectural studies, programming, planning, MN design, documentation, and construction Elk River Public Safety Building Remodel and administration, including ten years focusing on Expansion, Elk River,MN EDUCATION // fire station projects.Craig has produced studies Elk River Fire Station#3, Elk River,MN, Elk River,MN University of Illinois at for more than 100 buildings with a wide variety Urbana-Champaign, of uses, ages, and conditions. Craig is an expert Forest Lake Public Safety and Municipal Facilities Bachelor of Science in Master Plan, Forest Lake,MN in the detailed requirements that enable these Architectural Studies & buildings to be effective tools for their users. Dayton Fire Department Study, Dayton,MN Master of Architecture Montgomery Public Safety Facility,Montgomery, REGISTRATIONS // A RELEVANT EXPERIENCE MN Licensed Architect: MN Springfield Fire Department Study,Springfield,OH #51 130; NCARB #75366; Dilworth Site Assessment and Pre-Design, Dilworth, MN Springfield Fire Station#4,Springfield,MO GBCI #10048669; LEED AP BD+C Fridley Civic Campus, Fridley,MN Springfield Fire Station#7,Springfield,MO YEARS OF EXPERIENCE // Lake Elmo Municipal Space Needs Assessment, Springfield Fire Station#13,Springfield,MO 16 Lake Elmo,MN Springfield Fire Station#14,Springfield,MO Ramsey Fire Station No.2, Ramsey,MN Staples Mill Firehouse#20,Henrico County,VA Ramsey Public Works Study, Ramsey,MN Short Pump Firehouse#19 Henrico County,VA Woodlawn Fire Station#24, Fairfax County,VA GREG MARTIN, EFO, CFOD FIRE SERVICE OPERATIONS SPECIALIST// RETIRED FIRE CHIEF With more than 36 years of experience, Greg RELEVANT EXPERIENCE has been well exposed to all aspects of the fire service. He started out as a firefight/EMT and Rochester Fire Department,MN spent 22 years as a Fire Chief. Greg is adept at Kirkland Fire Department,WA EDUCATION // budget and capital planning, operations and Lansing Fire Department,MI Elementary Education, staffing, project management, labor relations Montgomery Public Safety Building,Montgomery, Bachelor of Arts, and policy development.Throughout his MN University of Montana, career, he has been involved in the planning Missoula, MT Dayton Fire Department Study, Dayton,MN and implementation of 10 fire station remodels School Psychology, or new facilities in Minnesota, Michigan and Springfield Fire Department Study,Springfield,OH Master of Science, Washington. Before his retirement as Fire Chief Springfield Fire Station#4,Springfield,MO Lewis and Clark of the Rochester Fire Department, Greg worked Springfield Fire Station#7,Springfield,MO College, Portland,OR with BKV Group on the design of Rochester Fire Executive Fire Officer Station No. 2, an award-winning new facility Springfield Fire Station#13,Springfield,MO Graduate, National Fire completed in 2015. Springfield Fire Station#14,Springfield,MO Academy, Emmitsburg, Roseville Civic Campus Master Plan, Roseville,MN MD Elk River Public Safety Building Remodel and Expansion, Elk River,MN YEARS OF EXPERIENCE 36 Elk River Fire Station#3, Elk River,MN, Elk River,MN 7 I ENRICHING LIVES AND STRENGTHENING COMMUNITIES KELLY NAYLOR, CID, LEED AP CITY HALL PLANNER & PROGRAMMER Kelly has 22 years of project experience on a Independence City Hall Planning, Independence, wide variety of projects including police, city MN hall, and county government facilities. Kelly's Albert Lea City-Wide Facilities Assessment& involvement and understanding of space Master Plan,Albert Lea,MN EDUCATION // standards and layouts is invaluable in the Cloquet Assessment and Master Plan,Cloquet,MN University of Minnesota, planning process. In addition to Kelly's planning Bachelor of Science, experience, she brings her knowledge of interior Shakopee Study& New City Hall,Shakopee,MN Interior Design design.She works closely with the project team Minnetonka Community Facilities and REGISTRATIONS // to identify durable, attractive material and Programming Space Study,Minnetonka,MN NCIDQ Certification finish options. Kelly will be involved in the project Minnetonka City Hall &Community Center, #01 6271 as a main planner on the team,with tasks Minnetonka,MN LEED Accredited including space planning, material selection Dakota County Empire Campus Public Works, Professional and specifications,construction document Dakota County,MN Minnesota Certified development and coordination, as well as Plymouth City Hall and Public Safety Building, Interior Designer(CID) furniture review and option selection. Plymouth,MN #CO2169 Rochester North Police Station&Service Center, YEARS OF EXPERIENCE // I RELEVANT EXPERIENCE Rochester,MN 22 Fridley Civic Campus, Fridley,MN Roseville Civic Campus Master Plan, Roseville,MN ANDREW COOPER, AIA OERTEL ARCHITECTS // PUBLIC WORKS PLANNER Andrew has worked on a number of projects City of West St. Paul Ice Arena Study at Oertel Architects and has filled a variety of City of Rochester,MN Joint Facility Public Works& roles. He has worked with new construction Transit Study projects and building renovations and City of Elk River,MN Public Works Study EDUCATION // expansions.Andrew's responsibilities include MnDOT Maplewood Truck Station Building, Bachelors of schematic design, master planning, project Maplewood,MN Architecture, North coordination, client/public contact,3D Dakota State University building modeling, construction documents City of Maple Grove Public Works Facility and construction administration. KS Municipal Services&Operations Study,City of REGISTRATIONS // Lawrence, KS Registered Architect: MN #46485 RELEVANT EXPERIENCE New Ulm National Guard Facility,New Ulm,MN Andover Vehicle Maintenance Facility, project YEARS OF EXPERIENCE // Roseville Civic Campus Master Plan, Roseville,MN name,Andover,MA 17 Dilworth Site Assessment and Pre-Design, Dilworth, Mankato Transit Facility expansion,Mankato,MN MN Facilities Master Planning,City of Carver,MN Fridley Civic Campus, Fridley,MN Public Works Facility,City of Maple Grove,Maple City of Plymouth Public Works Expansion Grove,MN City of Minnetonka Fire Station Remodel Cold Storage Building,City of Blaine MN City if Wacinia Fire Station Expansion Public Works Study,City of Ham Lake,MN City of St.Anthony Fire Station 8 I ENRICHING LIVES AND STRENGTHENING COMMUNITIES BRYAN HARJES, PLA, LEED AP i�, i .•y ° HKGI // VICE PRESIDENT/PROJECT MANAGER trrr Bryan's work for public sector clients includes which attests to his expertise and creativity as site master planning, redevelopment planning, an urban designer. landscape architecture, development services, land use planning, park design, and RELEVANT EXPERIENCE EDUCATION // downtown revitalization. His project portfolio Bachelors of Education, includes providing urban design leadership Downtown Redevelopment Study,Golden Valley, Master of Landscape MN Architecture, University of for the current Golden Valley Downtown Minnesota Redevelopment Study and conducting the Civic Campus Redevelopment Planning and redevelopment study and concept planning Concept Design, Fridley,MN REGISTRATIONS // that led to the construction of Fridley's new Graham Park Master Plan,Olmsted County,MN Landscape Architect: civic campus. He has also conducted similar MN #42954 civic campus planning or redevelopment Minnehaha Park Refectory Site Plan -Sea Salt, planning for municipal-owned land for Olmsted Minneapolis,MN YEARS OF EXPERIENCE // City Square West Redevelopment Plan,Chaska, 21 County, Chaska,and Waukee, Iowa. He has experience conducting site design and MN planning for civic and institutional buildings and Lockheed Martin Site Redevelopment Study, understands how to help different stakeholders Eagan,MN or constituent groups build consensus around Civic Campus Concept Plan I Waukee, IA a shared vision that can move the community Sam's Club Site Redevelopment Analysis I St. Louis forward. Bryan has been involved in numerous Park,MN award-winning planning and design projects, JEFF MILLER,AICP HKGI //ASSOCIATE/PLANNER Jeff is a veteran consulting planner who has Eliot School Site Reuse Design Guidelines,St. Louis also served as a municipal planner and as an Park,MN urban design and planning research fellow. g p g Downtown Development Guide,Lakeville,MN This range of experience has allowed him to Town Center Design Guidelines and Zoning, Eden EDUCATION // develop a planning approach that integrates Prairie,MN Master of Planning, diverse perspectives and facilitates a broader University of Minnesota; understanding of the issues and opportunities District 1 Neighborhood Plan,Clive, IA Bachelor of Arts, communities face. He is valued by clients for his Zoning Ordinance Revisions,Maplewood,MN Economics,St. Olaf outstanding listening and communication skills, Uniform Development Code Update, Farmington, University his thoughtful approach, and his emphasis on MN REGISTRATIONS // providing outstanding client service. Uniform Development Code/Zoning Ordinance American Institute Update,Onalaska,WI of Certified Planners, RELEVANT EXPERIENCE I-494 Corridor Study and Mixed-Use Zoning Certification #025995 Ordinance, Richfield,MN Residential Zoning and Subdivision Ordinance YEARS OF EXPERIENCE // Revision,Golden Valley,MN Mixed Use Zoning Ordinance Revisions,Stillwater, 20 City Square West Site Redevelopment Plan, MN Chaska,MN Unified Development Code Update,Winona,MN Historic Downtown Master Plan,Chaska,MN Northstar TOD TIF District Master Plan, Fridley,MN 9 I ENRICHING LIVES AND STRENGTHENING COMMUNITIES . TIM SOLOMONSON, PLA lc� Aff HKGI //LANDSCAPE ARCHITECT& PLANNER t��7 Tim is skilled at providing landscape Federal Reserve Parking Facility Site Plan, architecture services on site, streetscape, Minneapolis,MN public space, and trail and park design Government Center Campus Master Plan, projects. These services include conceptual Washington County,MN EDUCATION// design, design development, construction Menard's Corporation - Land Planning Services, Bachelors of Education, documentation, cost estimation, and MURP, Master of Apple Valley,MN Landscape Architecture, construction administration. Downtown Redevelopment Plan, Farmington,MN University of Minnesota Tim also provides planning support for a Shady Oak Road Parking& Redevelopment Plan, REGISTRATIONS// variety of community planning and urban Hennepin County,MN Landscape Architect: MN #53837 design initiatives. He provides visualization, GIS Downtown West Infrastructure Planning,Victoria, mapping, graphic design, and report layout MN YEARS OF EXPERIENCE// and coordination services for land use and Government Center Campus Master Plan, 8 redevelopment plans, comprehensive plans, Washington County,MN and park and trail master plans. Glen Lake Neighborhood Study,Minnetonka,MN Concord Boulevard Neighborhood RELEVANT EXPERIENCE Redevelopment Plan I Inver Grove Heights,MN Civic Campus Master Plan, Bloomington,MN Project description client name, project name, Rambling River Center Site Plan, Farmington,MN city,state-descriptive text,SF,construction cost, whatever DANIEL LAVENDER, PE WENCK ASSOCIATES // CIVIL SENIOR PROJECT MANAGER Mr. Lavender is a Senior Project Manager with RELEVANT EXPERIENCE Wenck with over 13 years of experience in Canterbury Park Parking Lot Improvements, various civil engineering disciplines. His project Shakopee,MN experience includes management and design EDUCATION // of private and municipal site developments, Wright County Government Center, Buffalo,MN Bachelors of Science, utility infrastructure, roadways and greenways, Snelling Yards Development,Minneapolis,MN Civil Engineering industrial facilities, and municipal infrastructure Malcolm Yards, Phase I Development, Minor, Environmental capital improvement programs. Mr. Lavender Minneapolis,MN Engineering, Clemson is dedicated to ensuring a successful outcome United Machine Company,Monticello,MN University for every project and measures that success REGISTRATIONS // through the satisfaction of his clients. He enjoys Snelling Mixed-Use Development,St Paul,MN Professional Engineer: MN the challenge and responsibility of earning Apple Valley Commerce Center,Apple Valley, his client's trust through technical excellence, MN YEARS OF EXPERIENCE // responsiveness, and teamwork. Wright County Tactical Center, Buffalo,MN 13 Brookings County Detention Center, Brookings,SD Cleanwater202O Program Management, Columbia,SC 10 I ENRICHING LIVES AND STRENGTHENING COMMUNITIES DUSTIN PHILLIPS, Mscm KRAUS-ANDERSON //SENIOR PROJECT MANAGER ' Dustin leads the project team in the master RELEVANT EXPERIENCE planning study. Dustin provides owners with a Roseville Civic Campus Master Plan, Roseville,MN Wide range of planning, cost estimating, and project development services. He provides Washington County Public Works Storage Building, EDUCATION // these services on many significant projects Stillwater,MN MS, Construction in the public sector and the private sector, Washington County Public Works North Shop, Management, including municipal and educational building Stillwater,MN BS, Construction with types. In particular, Dustin has experience Washington County Valley Ridge License Center, a Minor in Business working in the planning and feasibility phase Stillwater,MN Administration to partner with the owner's project team in University of Wisconsin- St.Croix Bluffs Storage Building, Hastings,MN programming, planning, budgeting, and Stout Menomonie, WI analyzing options for a solution. Ramsey County Master Plan,Arden Hills,MN ASSOCIATIONS // Scoff County,Shakopee and Jordan,MN American Public Works City of Minneapolis Hiawatha Maintenance Association Facility,Minneapolis,MN International Facility St.Croix County Master Plan,St.Croix,MN Management Association (IFMA) St.Croix County Highway Facility, Baldwin,WI YEARS OF EXPERIENCE 14 TIM KITTILA, PE, MBA KRAUS-ANDERSON //FACILITIES ASSESSMENT MANAGER ` Tim helps owners verify program needs and RELEVANT EXPERIENCE assists in generating long-term master planning Washington County Consulting,Stillwater,MN that addresses facility options and the risks that exist for each of the options presented. St.Croix County Facility Assessment of 4 Shop EDUCATION // He observes, reviews, and documents the Locations, Baldwin,WI Masters, Business facility conditions including, but not limited Dakota Carrier Networks Data Center Assessment Administration, to, site conditions, exterior envelope, interior and Review, Fargo, ND Entrepreneurial Studies finishes, mechanical and electrical systems, YMCA Facility Assessment,Minnetonka,MN Focus, University of ADA requirements, and safety and security. Delaware, Newark, DE Mobridge Regional Hospital and Clinics Golden He presents all viable options and costs Living Center Facility Assessment„Mobridge,SD BS, Mechanical associated as a part of a comprehensive plan. Engineering, Virginia Ellsworth Community School District Facility Tech, Blacksburg, VA Assessment„ Ellsworth,WI REGISTRATIONS // Cambridge-Isanti Schools Facility Assessment, State of MN Professional Cambridge and Isanti,MN Mechanical Engineer Ladysmith School District Facility Assessment, License #46615 Ladysmith,MN YEARS OF EXPERIENCE // South Washington County Schools Facility 14 Assessment,Cottage Grove,MN Tomahawk School District Facility Assessment, Tomahawk,WI 11 I ENRICHING LIVES AND STRENGTHENING COMMUNITIES UNDERSTANDING OF THE WORK We understand that this municipal facilities needs analysis carries the weight of both opportunity and requirement: a distinct opportunity to build on current visions for the future of downtown Golden Valley, to establish a phased approach to investment in civic facilities,and to address current and projected space and operational needs with a thoughtful, value-driven plan.The success of this project rests on selection of a design team that can listen and respond to your vision and needs, can contribute the insights of specific expertise in municipal, police, fire, and public works planning, and can lead a process that engages stakeholders and the community in an inspiring and focused planning effort.The BKV Group team is energized by the prospect of this partnership with the City of Golden Valley, to build on your investments to-date, and to cultivate a planning process that draws on the perspectives of each department and staff. Our team is ready and prepared to commit to this project upon notice to proceed, beginning with a project kickoff to establish and reaffirm project vision and goals,with clear objectives for project process and outcomes. APPROACH Our approach to municipal planning efforts,with their multiple constituents and goals of efficiency and value, is consensus- based: utilizing a workshop format as a vehicle to engage project stakeholders in active dialogue and collaboration throughout each phase. Representatives from each firm will participate in the project kickoff,to lend their perspectives to development of the project framework and throughout the analysis and planning process,facility experts will guide programming and stakeholder engagement to address unique operational requirements. Development of planning recommendations will be a whole-team effort: collaboration around recommendations that balance cost, construction feasibility, phased implementation, and progress towards the long-term vision. Our project manager,Susan Morgan,will ensure project progress is consistent towards scheduled milestones and deliverables, and our team will utilize meeting minutes, document markups, and survey responses as a means of tracking stakeholder input and feedback.Our approach is elaborated in our detailed scope of work, attached. PROPOSAL PERIOD OF VALIDITY We confirm that this proposal is valid for a period of 120 days after receipt. FEE SCHEDULE, HOURS, & TOTAL FEE FIRM ROLE TOTAL HOURS TOTAL FEE BKV Group Project Lead 210 $21,000 Oertel Architects Public Works Specialists 66 $8,910 HKGi Consulting Planner, Community Engagement Lead 128 17,150 Wenck Civil Engineer 38 $4,500 Kraus Anderson Cost Estimating, Pre-Construction Strategy 34 $5,100 TOTAL 476 $56,660 REIMBURSABLES $1,800 If there is any additional information or clarification that you and/or the selection committee need, please do not hesitate to contact me at 612.790.7605. Thank you for your consideration and we look forward to talking to you soon. Sincerely, Bruce Schwartzman,AIA Partner-in-Charge, BKV Group 12 1 ENRICHING LIVES AND STRENGTHENING COMMUNITIES BR -u P A SCOPE OF WORK r WORKPLAN AND SCOPE OF WORK Our approach to municipal planning is one of partnership: leveraging specific expertise within our team,and connecting With your key stakeholders throughout the process to define and achieve your long-range vision.The BKV Group team will work closely with the City, all departments, the City Council,your project task force and steering committee to review goals, criteria and expectations at the start to help assure that the City's objectives and schedule will be met.Throughout the process BKV will assist the City in preparing and presenting updates to the City Council and public. Providing regular reviews and updates to the City staff, Departments and City Council ensures all concerns,questions and options are heard and considered through the development of the study. At the beginning of the study we will work with the City's steering committee to review and refine the proposed schedule and incorporate all required dates such as tours,staff interviews, team meetings, City Council meetings, community engagement session, public presentations, review periods, etc. Key aspects of our schedule are: • Identification of critical path milestones and target deliverable dates • A defined sequence of regular workshop sessions with the steering committee and project task force • An integrated approach to detailed stakeholder engagement • Provision of review periods at key progress milestones so key stakeholders have time to reflect and comment on work-to- date • Coordination of team activities: analysis, programming, collaboration • Recommendations for community engagement events, including marketing and outreach in advance • Presentations (progress and final) to the City Council Our proposed scope of work integrates the tasks outlined in your RFP with our tested approach to municipal planning, starting from a period of information gathering, building on detailed facility understandings, and translating research into preliminary options offering distinct options that realize your goals while providing alternatives to operations,identity, and value. Following review by your steering committee, task force, and City Council,we will refine these into a set of final recommendations designed to support phased implementation. 13 1 ENRICHING LIVES AND STRENGTHENING COMMUNITIES BKV R 0 U P I SCOPE OF WORK PART A-DISCOVERY Successful space needs assessments and programming must begin with a comprehensive understanding of project goals, objectives, and previous work.This exploration will include: • Review of the City's Comprehensive Plan • Review of previous assessments and studies including the January 2020 Downtown Study Phase II • Workshop with the City's steering committee to define project expectations,objectives,and opportunities • Research into population and demographic projections • Assessment of applicable zoning requirements • Review of existing facility documentation • Development of existing facilities plans in digital form (or adjustment of record documents to as-built conditions) • Exploration of goals for community engagement:scale (small group vs open house), nature (formal,informal,digital, in- person), timing (early to inform process,during progress to foster input and feedback) etc. • Leading a dialogue with primary project stakeholders to define project vision and goals, and to define expectations for project process PART B-FACILITY ASSESSMENT We find it useful to begin our studies with detailed facility audits which provide insights into the opportunities and challenges of each facility.This allows our team to understand these physical r resources as they relate to asset management, life expectancy, maintenance cycles, energy efficiency,codes and technology. This process can include utilization of previous facility studies and reports, onsite assessment teams including our facility specialists,engineers, architects, and landscape architects, and documentation of existing conditions as a reference for development of facility programs and overall master plan recommendations. Where previous studies recommend facility relocation or major renovations,this process is still invaluable for our team to identify and understand current workflows, limitations to service and operations,and to inform our dialogue with stakeholders about future planning. For facilities to be reused or adapted, we recommend a more comprehensive building audit which will include an evaluation of the facility relative to current building, life safety, energy, and accessibility codes and regulations.This process is inclusive of detailed evaluation of site, exterior envelope, major building systems, deferred maintenance projects, and interior environmental quality, and will result in a detailed building audit report with specific recommendations to be integrated into comprehensive planning strategies and budget. PART C- FACILITY SPACE PROGRAMMING To fully understand and help develop long range planning recommendations,department needs must be considered both as they exist currently, but also for how they might adapt and transform in the near and long-term.Our work during this phase will include: • Plan&Space Review Under the guidance of facility specialists, our team will review each facility's existing plans to understand workflows, space utilization, and deficiencies. Our team will then visit each facility and department to document key attributes, to verify critical operating adjacencies, and to understand current service touchpoints with the public. 14 1 ENRICHING LIVES AND STRENGTHENING COMMUNITIES BR -u P I SCOPE OF WORK • Questionnaires Anonymous digital questionnaires will be issued to elicit feedback from staff within each department, as a tool that feeds into our direct engagement. Each survey is structure based on specific department functions,staffing,and operations, and will be provided as a draft for review by department supervisors prior to release. • Leadership and Staff Interviews Building on the information provided through the questionnaires,we will schedule listening sessions with each department, allowing our team to more deeply understand issues raised in the questionnaires, and to more fully understand departmental goals and operations.Through a guided dialogue led by our facility experts,we will lead a conversation about space expectations,specialized functions, administrative and operational service demands, and opportunities for future evolutions. • Staffing Projections Drawing on our firm's database of municipal facilities within Minnesota and nationwide,we will draw on benchmarks and demographic projections along with feedback from key stakeholders to develop detailed staffing projections for each What I valued the most is that department's growth at5, 10, 15, and 20 years.Wewillreview all of the [BKV] crew were very possible changes in staffing, consolidation of departments, and responsive to our needs. They the impacts of evolutions in work-from-anywhere. helped and guided us through • Space Standards Specific space standards will be developed for each the decision making in the department and facility, integrating research and engagement, designing of this fire station. We codes and standards, current and projected needs, into plans needed to stay within a certain that accommodate growth and change overtime.We will footprint and to do so, we utilize room data sheets as a tool to document space size, critical attributes, key adjacencies, and required furniture, wanted to optimize that, so we technology, and equipment.These will be shared with the tried to build the station to last City and key stakeholders to ensure all expectations and long. [BKV] gave us everything requirements are accounted for in the planning documents. we needed within this station. • Facility Comparisons As the City of Golden Valley considers future growth and investment, it will be valuable to benchmark the City's facilities DAN SCHWARTZ and operations against other Minnesota municipalities. BKV Fire Captain Group's database of municipal facilities will be a reference Henrico County point for creating a benchmark of municipalities with similar Short Pump Firehouse#19 size, population,facility size and age,staff counts, etc.We will lead tours for the steering committee and task force,as a means of fostering an in-situ dialogue about the translation of planning goals and vision to constructed reality.This will be an invaluable opportunity for you to ask questions about "lessons learned," and to reflect on your project expectations. • Space Program-Current/Future/Projected The conclusion of this programming process is compilation of the information and data into a program document which clearly identifies long range facility space requirements.The final space program will include a spreadsheet listing staff spaces and department support spaces projected over 5, 10, 15 and 20 year periods. Individual space requirements will inform a recommendation for total building area for each facility. Following review and approval by the City this program document will serve as the basis for Part E of this study. PART D-COMMUNITY ENGAGEMENT During the project kickoff,we will work with you to define expectations for community engagement, and will integrate multiple touchpoints into our project schedule-often concurrent with other processes, but scheduled to inform development and refinement. It will be critical for the steering committee and task force to contribute to a community 15 1 ENRICHING LIVES AND STRENGTHENING COMMUNITIES BR -u P I SCOPE OF WORK engagement framework that establishes goals for soliciting input and feedback, identifies targeted stakeholders including adjacent property owners, residents who utilize existing City services and facilities, and those targeted to more fully connect with City services and resources. Our team has a history of productive community engagement, and will be led in this process by HKGI as a means of integrating this project with the Downtown Study, including the use of multiple engagement methods: • Dynamic, interactive digital websites such as Social Pinpoint • Anonymous survey feedback (including translation into multiple languages,where appropriate) • Hands-on guided workshops where residents and key stakeholders actively participate in planning dialogue • Use of the World Cafe method for small-group meaningful discussions • QR-code based surveys for feedback about specific facilities or service touchpoints • Video communications as a touchpoint for dynamic connection • Social media messaging for regular updates and to cultivate positive energy for the process We look forward to working with you to define an engagement process which is appropriate to this project, provides a level of connection and feedback to inform our recommendations, and allows for meaningful touchpoints between this project and your residents and key stakeholders. PART E - PLANNING OPTION DEVELOPMENT , Drawing on all of the work and feedback received to date, - our team will develop schematic design options-both at ` site and individual building scale-that meet space needs, Y " address functional and operational requirements,reflect goals for utilization,workflow, and service, and create a sense of place and identity for Golden Valley.With our initial designs our goal is to provide options that foster a dialogue about opportunity,value, and adaptability as the City grows over time. By preparing distinct options, the steering committee, task force, and City Council will be able to engage in a dialogue about how these strategies fulfill project goals, how they present new opportunities, and what else should be explored and considered. Following input and feedback, our team will refine and consolidate design recommendations.This phase will include: • Conceptual site plans with recommendations for site access, building massing, and key amenities • Strategies for the downtown pathway and plaza with an eye towards public placemaking • Site selection criteria for remote Public Works and Fire Stations,aligned with overall planning recommendations, projected space needs, and operational requirements • Recommendations for phased implementation,with an eye towards maintaining operations o Implementation dates will be grounded in specific 'triggers' which the City may use as a guide to initiate investment in a particular facility. • An outline of steps required to prepare existing facility sites for private development • Response to feedback from the steering committee, task force, and City Council, including revisions to proposed designs,development of new approaches as requested, and refinement of final recommended planning and facility designs 16 1 ENRICHING LIVES AND STRENGTHENING COMMUNITIES BR -u P A SCOPE OF WORK PART F-DETAILED RECOMMENDATIONS Once preliminary planning approaches have been vetted, our team will refine our options and develop a cost-benefit analysis, including phasing.This is a critical component of a successful and useful facility needs analysis,as government projects must balance needs with investment and long-term value.Cost assessments will include site and facility development costs, implementation of deferred maintenance (where required), and projected soft costs (professional services, testing, YYf FRAY CITY HALL ' �- permitting necessary to implement each part of the project). We can also provide projections of utility costs, to define savings over time with the investment in new facilities, and to ITTM aid in consideration of grant and financing options. A draft report will be developed and shared with the steering committee, task force, and City Council, that provides: • Project background and context,including referenced The BKV Group got to know us as their client reports and demographics very well, they listened well and sought an • Program information for each department and facility abundance of input to make certain that • A summary of community and stakeholder engagement every aspect of the design would match our needs. Clever details like the plaza area with • Final recommendations for site and schematic building dyed concrete stripes that could double as plans overflow parking stalls or the place for an • Projected phasing and implementation strategy art fair or farmer's market, an amphitheater for outdoor classes or entertainment, a • Estimated construction and project costs for each scheme fireside room that would serve as a great • Appendices providing preliminary planning options and meeting space or the resident's civic campus detailed engagement feedback living room. Each space inside the building was designed to be open, bright, airy and The report can also include visioning images to aid in efficient...the City of Fridley is thrilled with its communication of design intent and to foster a common new, beautifully designed complex and our understanding of projet potential.These can include three- choice of the BKV Group. dimensional site plans, and conceptual renderings of facilities. Our team will refine the report based on feedback and will submit and present a completed report to the City Council. SCOTT J. HICKOK AICP Community Development Director SCHEDULE Fridley Civic Campus Please see page 18 for a detailed schedule. ADDITIONS AND OMMISSIONS TO SCOPE BKV Group proposes no deletions from the scope of work, but proposes additional workshop touchpoints as outlined in our graphic schedule, to provide continuity of dialogue and accountability throughout the project. 17 1 ENRICHING LIVES AND STRENGTHENING COMMUNITIES O N ll'l ll'l LL N N O CO O W o CL O U N N v O CO � Q O N N N p N N N� L N M U� N N - - - ---------- - - - ------- ------- - - ---------- - - ---- O LLo N � ll'l ll'l N N 9� I)_ M - - - -------- - - - - ---------- - - - - -----m- - - - - - - - - - O (D 0- - - - -------- ON N N � C E� N N O N N N d a) E E > a) (1) Z N s �_�__ __ • - __________ - t _ _ ______ _ _ _ _ _ ________ _ _ _ ____ yZ(jN oNIL O N_ D - o _ O O O O p o _ O O O O O O O O o o O - Q Q N N Q Q Q N N N Q Q Q N Q Q N N Q N N N Q � N N Q N M 0 V V M M 0 M O Ln V Ln \ � 0) Ln CO � L� � N N � co O � e LL L N_ N - Q Q � � - N N V V 7- 7- LO LL O LL LL LLO LL N LL LL LL � O LL LL O m O LL LL O 0 _ o 0 0 0 0 0 _ o 0 0 0 LL 0 _ O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N CO CO N N M N CO M O I� M Ln N O O N M Ln CO 6) 6) O O C C C O O '- O LL O C C O C N O O C O O N N O O O O O O N E N U) U)U W N fl 1m � E ~ a a) C � a U) m a m o O o 08 0 a) `o0 Q Q m N a s 2 ul U O LL ul Y U) m °6 g o E a) (n O °� O o m a) > m 6) U) — o U) (CO _ o C�_ _ C CL 3 U m U s o o Q .2 O g Z rn 0j5 0) °� J m a - O a a E O p N p af w cYi o O o i/) E a) a�i cL m U) > a>i U) m Y o a a) a) U > o E a) a) _ o m o rn af o o (� m op - � E 06 a) O a a) E E a) a) ii 3 0 m U) Y p rn a) a) • m Q M Q m O Z a) m m w .. m N N .N Q .N W N O tl) N m O 'N N 0) O) O) N � N N af) N m d — .X d a) 0 U) U) U ul w C C O d' rn d' LLB a) �, d' 1) jn a) > O) m w w m � C m O Q 'gyp .X w -0 N () � V '0 O 'O Lid Q (0 'O C 'fA � C tl) 'O a0 CL > Q w vi Q Q Q Q C Q a a Q Q ._ O Q o m m o m O CL m - z Q o o () O C O U) D o C O d a C a U o Q s o 'N 0) 0 s o s o — s s — d s — o s m 1) ul o ul ul ul o 'C) ul E E ul a) ul a) '� o (n N LLB a) U) N � >Y = >Y N >Y a) a) C Y C Y C ,u) � Y W a) C a) Y ' Z > W (n m > LL > > (n d 0 O O O m O O N --� O N Oi O N O C � UU a af ()5 of 0 z O N M V LO CD N N N N N N N N N O M M M M Cl) (M M Q Z W M� W(7 CD BKV G R © U CONTACT: BRUCE SCHWARTZMAN, AIA PARTNER-IN-CHARGE 612.790.7605 BSCHWARTZMAN@BKVGROUP.COM ENRICHING LIVES AND STRENGTHENING COMMUNITIES CHICAGO DALLAS HANOI, VIETNAM MINNEAPOLIS WASHINGTON, DC 209 South LaSalle Street 1412 Main Street No 1 Doo Duy Anh Street 222 North Second Street 1054 31 st Street NW The Rookery,Suite 920 Adolphus Tower,Suite 700 Ocean Park Building, Long&Kees Building,Suite 101 Canal Square,Suite 410 Chicago,IL 60604 Dallas,TX 75202 Suite 15,Room 1508 Minneapolis,MN 55401 Washington,DC 20007 P 312.279.0470 P 469.405.1196 Phuong Mai Ward,Dong Do District P 612.339.3752 P 202.595.3173 Hanoi,Vietnam P 469.405.1240 WWW.BKVGROUP.COM SUMMARY Parks and Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 20, 2020 Agenda Item 3. D. 2. One Year Extension of Catering Agreements for Brookview Prepared By Rick Birno, Parks & Recreation Director Greg Simmons, Recreation and Facilities Supervisor Summary The initial three year preferred catering agreements with Crave, Mintahoe, Hightop Hospitality (Green Mill), and Pickles Cafe conclude on October 315t of 2020. Due to the COVID-19 pandemic impacting room availability and reducing room capacities for private room rentals at Brookview, staff is recommending that the current agreements be amended to extend for one additional year through 2021. The proposed four amendments are attached to this summary and noted below. Financial Or Budget Considerations Not applicable Recommended Action Motion to authorize Mayor and City Manager to sign amendments in a form approved by the City Attorney to extend current preferred catering agreements for one additional year. Supporting Documents • Catering Amendment for Pickles Cafe • Catering amendment for Crave • Catering Amendment for Hightop Hospitality (Green Mill) • Catering Amendment for Mintahoe FIRST AMENDMENT TO CATERING SERVICES AGREEMENT THIS FIRST AMENDMENT TO CATERING SERVICES AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY & PICKLE'S CATERING (this "First Amendment") is made effective as of November 1, 2020 (the "Amendment Effective Date")by and between the City of Golden Valley (the "City"), a Minnesota municipal corporation and Pickle's Catering ("Caterer"), a food service company. RECITALS WHEREAS, the City and Caterer are parties to a Catering Services Agreement, dated November 1, 2017 (the"Agreement"); and WHEREAS, upon the mutual written agreement of the City and Caterer, the terms of the Agreement may be modified and extended; and WHEREAS, the Parties desire to amend the Agreement as provided herein; and AGREEMENT The Parties agree to amend the Agreement as follows, effective as of the Amendment Effective Date: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated herein by reference. Any capitalized terms used herein but not defined have the same meaning as that ascribed to them in the Agreement. 2. Extension of Term. Pursuant to paragraph 4 of the Agreement,the term of the Agreement shall be extended and the Agreement shall continue in effect until October 31, 2021 unless earlier terminated as set forth in the Agreement. 3. Ratification. Except as specifically provided in this First Amendment, each and every provision of the Agreement, as amended through the date hereof, remains, and is, in all respects, in full force and effect. 4. Counterparts. This First Amendment may be executed in any number of counterparts, including facsimile and .pdf, each of which constitutes an original and all of which, collectively, constitute one and the same instrument. The signatures of the Parties need not appear on the same counterpart. 5. Miscellaneous. (i) The provisions hereof are binding upon and inure to the benefit of the Parties and their respective successors and assigns; and (ii) this First Amendment along with the Agreement, constitute the entire understanding between the Parties in respect to the subject matter hereof. Page 1 of 2 INTENDING TO BE LEGALLY BOUND HEREBY, the Parties have executed this First Amendment as evidenced by the signatures of their authorized representatives below. Signed (Caterer): Signed (City): City of Golden Valley, Pickle's Catering, a Minnesota municipal corporation a food service company By By: Shepard M. Harris, Mayor Print Name: Its (Title): By Timothy J. Cruikshank, City Manager Page 2 of 2 FIRST AMENDMENT TO CATERING SERVICES AGREEMENT THIS FIRST AMENDMENT TO CATERING SERVICES AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY & CRAVE CATERING AND EVENTS (this"First Amendment")is made effective as of November 1,2020(the"Amendment Effective Date")by and between the City of Golden Valley(the"City"), a Minnesota municipal corporation and Crave Catering and Events ("Caterer"), a food service company. RECITALS WHEREAS, the City and Caterer are parties to a Catering Services Agreement, dated November 1, 2017 (the"Agreement"); and WHEREAS, upon the mutual written agreement of the City and Caterer, the terms of the Agreement may be modified and extended; and WHEREAS, the Parties desire to amend the Agreement as provided herein; and AGREEMENT The Parties agree to amend the Agreement as follows, effective as of the Amendment Effective Date: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated herein by reference. Any capitalized terms used herein but not defined have the same meaning as that ascribed to them in the Agreement. 2. Extension of Term. Pursuant to paragraph 4 of the Agreement,the term of the Agreement shall be extended and the Agreement shall continue in effect until October 31, 2021 unless earlier terminated as set forth in the Agreement. 3. Ratification. Except as specifically provided in this First Amendment, each and every provision of the Agreement, as amended through the date hereof, remains, and is, in all respects, in full force and effect. 4. Counterparts. This First Amendment may be executed in any number of counterparts, including facsimile and .pdf, each of which constitutes an original and all of which, collectively, constitute one and the same instrument. The signatures of the Parties need not appear on the same counterpart. 5. Miscellaneous. (i) The provisions hereof are binding upon and inure to the benefit of the Parties and their respective successors and assigns; and (ii) this First Amendment along with the Agreement, constitute the entire understanding between the Parties in respect to the subject matter hereof. Page 1 of 2 INTENDING TO BE LEGALLY BOUND HEREBY, the Parties have executed this First Amendment as evidenced by the signatures of their authorized representatives below. Signed (Caterer): Signed (City): City of Golden Valley, Crave Catering and Events, a Minnesota municipal corporation a food service company By By: Shepard M. Harris, Mayor Print Name: Its (Title): By Timothy J. Cruikshank, City Manager Page 2 of 2 FIRST AMENDMENT TO CATERING SERVICES AGREEMENT THIS FIRST AMENDMENT TO CATERING SERVICES AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY & GREEN MILL - HIGHTOP HOSPITALITY (this "First Amendment") is made effective as of November 1, 2020 (the "Amendment Effective Date") by and between the City of Golden Valley (the "City"), a Minnesota municipal corporation and Green Mill-Hightop Hospitality("Caterer"),a food service company. RECITALS WHEREAS, the City and Caterer are parties to a Catering Services Agreement, dated November 1, 2017 (the"Agreement"); and WHEREAS, upon the mutual written agreement of the City and Caterer, the terms of the Agreement may be modified and extended; and WHEREAS, the Parties desire to amend the Agreement as provided herein; and AGREEMENT The Parties agree to amend the Agreement as follows, effective as of the Amendment Effective Date: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated herein by reference. Any capitalized terms used herein but not defined have the same meaning as that ascribed to them in the Agreement. 2. Extension of Term. Pursuant to paragraph 4 of the Agreement,the term of the Agreement shall be extended and the Agreement shall continue in effect until October 31, 2021 unless earlier terminated as set forth in the Agreement. 3. Ratification. Except as specifically provided in this First Amendment, each and every provision of the Agreement, as amended through the date hereof, remains, and is, in all respects, in full force and effect. 4. Counterparts. This First Amendment may be executed in any number of counterparts, including facsimile and .pdf, each of which constitutes an original and all of which, collectively, constitute one and the same instrument. The signatures of the Parties need not appear on the same counterpart. 5. Miscellaneous. (i) The provisions hereof are binding upon and inure to the benefit of the Parties and their respective successors and assigns; and (ii) this First Amendment along Page 1 of 2 with the Agreement, constitute the entire understanding between the Parties in respect to the subject matter hereof. INTENDING TO BE LEGALLY BOUND HEREBY, the Parties have executed this First Amendment as evidenced by the signatures of their authorized representatives below. Signed(Caterer): Signed (City): City of Golden Valley, Green Mill—Hightop Hospitality, a Minnesota municipal corporation a food service company By By: Shepard M. Harris, Mayor Print Name: Its (Title): By Timothy J. Cruikshank, City Manager Page 2 of 2 FIRST AMENDMENT TO CATERING SERVICES AGREEMENT THIS FIRST AMENDMENT TO CATERING SERVICES AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY & MINTAHOE (this "First Amendment") is made effective as of November 1, 2020 (the "Amendment Effective Date") by and between the City of Golden Valley (the "City"), a Minnesota municipal corporation and Mintahoe ("Caterer"), a food service company. RECITALS WHEREAS, the City and Caterer are parties to a Catering Services Agreement, dated November 1, 2017 (the"Agreement"); and WHEREAS, upon the mutual written agreement of the City and Caterer, the terms of the Agreement may be modified and extended; and WHEREAS, the Parties desire to amend the Agreement as provided herein; and AGREEMENT The Parties agree to amend the Agreement as follows, effective as of the Amendment Effective Date: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated herein by reference. Any capitalized terms used herein but not defined have the same meaning as that ascribed to them in the Agreement. 2. Extension of Term. Pursuant to paragraph 4 of the Agreement,the term of the Agreement shall be extended and the Agreement shall continue in effect until October 31, 2021 unless earlier terminated as set forth in the Agreement. 3. Ratification. Except as specifically provided in this First Amendment, each and every provision of the Agreement, as amended through the date hereof, remains, and is, in all respects, in full force and effect. 4. Counterparts. This First Amendment may be executed in any number of counterparts, including facsimile and .pdf, each of which constitutes an original and all of which, collectively, constitute one and the same instrument. The signatures of the Parties need not appear on the same counterpart. 5. Miscellaneous. (i) The provisions hereof are binding upon and inure to the benefit of the Parties and their respective successors and assigns; and (ii) this First Amendment along with the Agreement, constitute the entire understanding between the Parties in respect to the subject matter hereof. Page 1 of 2 INTENDING TO BE LEGALLY BOUND HEREBY, the Parties have executed this First Amendment as evidenced by the signatures of their authorized representatives below. Signed (Caterer): Signed (City): City of Golden Valley, Mintahoe, a Minnesota municipal corporation a food service company By By: Shepard M. Harris, Mayor Print Name: Its (Title): By Timothy J. Cruikshank, City Manager Page 2 of 2 EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting October 20, 2020 Agenda Item 3. E. 1. Resolution for Bassett Creek Watershed Management Commission to apply for ERF grant application for Main Stem Lagoon Dredging Project in Theodore Wirth Regional Park Prepared By Drew Chirpich, Environmental Specialist Summary The Bassett Creek Watershed Management Commission (BCWMQ implements capital improvement projects throughout the watershed to reduce flooding and protect and improve water quality in lakes and streams. In 2021, the BCWMC will begin implementing the Main Stem Lagoon Dredging Project in Theodore Wirth Regional Park. Typically, the BCWMC implements its capital projects through agreements with the city where the project is located. However, the lagoon dredging project will be designed and constructed by the Commission itself, in coordination with the cities of Minneapolis, Golden Valley and the Minneapolis Park and Recreation Board. The project will include the dredging and removal of approximately 39,600 cubic yards of sediment from three of seven lagoons constructed within the Main Stem of Bassett Creek in the 1930's as park amenities. A feasibility study found that all of the sediment to be removed is contaminated and requires landfill disposal. As with all BCWMC capital projects, funding will come from a tax levied on all watershed properties through Hennepin County. Grant funding for this project is being sought from Hennepin County's Environmental Response Fund to help offset the high costs of contaminated disposal. The ERF grant application requires a resolution of support by the city where the project is located. Additional project information can be found here: Bassett Creek City Council Regular Meeting Executive Summary 2 City of Golden Valley October 20, 2020 Financial or Budget Considerations There are no implications to the City budget for this grant application. Supplementary funds for the project would be paid for by the BCWMC CIP budget. Recommended Action Motion to approve resolution in the form approved by the City Attorney for the BCWMC to apply for the Hennepin County ERF Grant for the Main Stem Lagoon Dredging Project in Theodore Wirth Regional Park Supporting Documents Site Map Resolution #20-62 Authorizing Execution of a Grant Application with the Bassett Creek Management Commission for the Lagoon Dredging Project on the Main Stem of Bassett Creek Barr Footers ArcGIS 1 .7.1 2 2 - -2 16: 8 File:I:Client BassettCreek Work Orders 201 Main Stem Dred in Feasibili Ma s MISC SHPO Review SHPO Review Fi urell.mxd User:RRE r� gyp. Ot - Lagoon 9P Ide V II ,y Rd WLA s ��$tn Ave H nnepin ai � � � ., �''� o t•��'� '�a��. N Coun ,y X a s • r F r Q u v 15�th Av N La 'oon F x .� g .w 1 " t :Its i Tr 14 v 7. _ Ave t}� t rr Lagoon E z.• z s z � Plyrnoutli�Ave N i' S2O ' LagUun Farwell PI Y � 1 O 5 ,, � "'" �„"�, � � � �� •� ,fit � - , Lagoon C _ d iiq a Farb, � ••. r 4• � � � r e .. 1 OaT Park Ave' A. �m r r _ low� a 'ter � -�— � - . �agoonB �:„ ® ' �, ,.., � � M• .�* .� r .�4. rat`+ � ��� �` � � ,�a � r� r 8th Ave N I Aerial Imagery:April 2.019; NearMap Project Area ��5s+tt Cr • Theodore Wirth Regional Park O 0 2So Soo Feet Resolution # 20-62 October 20, 2020 RESOLUTION SUPPORTING HCERF GRANT APPLICATION OF THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION TO FUND THE LAGOON DREDGING PROJECT ON THE MAIN STEM OF BASSETT CREEK WHEREAS, the Bassett Creek Watershed Management Commission is proposing a Lagoon Dredging Project on the Main Stem of Bassett Creek within the City of Golden Valley; and WHEREAS, the project area consisting of lagoons created in the 1930's within Theodore Wirth Regional Park have known contamination; and WHEREAS, the Hennepin County Board of Commissioners established the Environmental Response Fund to assist in the assessment and/or cleanup of the contaminated or potentially contaminated sites where public use is intended; NOW THEREFORE be it resolved that the City of Golden Valley approves of and acknowledges the Bassett Creek Watershed Management Commission's intent to implement the Bassett Creek Main Stem Lagoon Dredging Project for which an Environmental Response Fund grant application is being submitted to the Hennepin County Environment and Energy Department on November 1 , 2020, by the Bassett Creek Watershed Management Commission. Adopted by the City Council of Golden Valley, Minnesota this 120" day of October 2020. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting October 20, 2020 Agenda Item 3. E. 2. Approve Resolution to Execute Hennepin County Residential Recycling Grant Agreement Prepared By Drew Chirpich, Environmental Specialist Summary Hennepin County has presented a grant agreement to the City that will provide SCORE (Select Committee On Recycling and Environment) funds from the State to help fund the collection of curbside recycling and organics recycling. The original agreement ran from January 1, 2017 until December 31, 2020, but has been amended to extend until December 31, 2021. The agreement is similar to previous agreements in that it identifies a funding formula and schedule for annual grant payments. In 2017 the County began a process of annually increasing the amount of SCORE funds directed towards organics collection. In 2020, and continuing in 2021, 50% of available SCORE funding will be allocated based upon curbside recycling participation and 50% will be allocated based upon curbside organics participation. At this time, it is recommended that Council adopt the attached resolution so that SCORE funds can be received in 2021. Staff is currently exploring options for curbside organics collection based upon the direction provided by the Council at its June 2020 Council/Manager meeting. Financial Or Budget Considerations SCORE funding for 2020 and 2021 is anticipated to be approximately $33,000. Recommended Action Motion to adopt Resolution #20-63 authorizing the City Manager to execute the Residential Recycling Grant Agreement with Hennepin County. Supporting Documents • 2017-2021 Recycling Funding Policy (9 Pages) • Original Recycling Grant Agreement (12 Pages) • Amendment 1 to Residential Recycling Agreement (1 Page) • Resolution #20-63 to adopt Amendment 1 (1 Page) Hennepin County Residential Recycling Funding Policy January 1, 2017 — December 31, 2021 Board Adopted: June 2, 2020 Public Works Environment and Energy Department I. Policy Description A. Background The Hennepin County Board of Commissioners has determined that curbside collection of recyclables and organics from Hennepin County residents is an effective strategy to reduce reliance on landfills, prevent pollution, conserve natural resources and energy, improve public health, support the economy, and reduce greenhouse gases. Therefore, the county adopted the goals established in State Statute and by the Minnesota Pollution Control Agency (MPCA) in its Metropolitan Solid Waste Management Policy Plan and developed a Residential Recycling Funding Policy to help reach a 75% recycling rate by 2030. The county will distribute all Select Committee on Recycling and the Environment (SCORE) funds received from the state to cities for curbside collection of residential recyclables and organics. If cities form a joint powers organization responsible for managing a comprehensive recycling and waste education system for the residents of those cities, the county will distribute recycling and organics grants to that organization. Cities are expected to fulfill the conditions of the policy. B. Term of the Policy Hennepin County is committed to implement this policy and continue distributing all SCORE funds received from the state for the purpose of funding curbside residential recycling and organics programs from January 1, 2017 through December 31, 2020. The county may revise this policy if it determines changes are needed to assure compliance with state law and MPCA goals established for metropolitan counties. In the event that SCORE funds are eliminated from the state budget or significantly reduced, the county will consult with municipalities at that time and develop a subsequent recommendation to the board on continuation of this policy and future funding of curbside recycling and organics programs. C. Grant Agreements Each municipality seeking funding under the terms of the Residential Recycling Funding Policy must enter into a recycling grant agreement with the county for a term concurrent with the expiration of this policy, December 31, 2020. The grant agreement must be accompanied by a resolution authorizing the city to enter into such an agreement. D. Fund Distribution The county will distribute to Hennepin County municipalities 100% of SCORE funds that the county receives from the state. SCORE funds will be dedicated to two different purposes: 1) 1 curbside recycling and 2) curbside organics recycling. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management (SWM) tax on garbage services. SCORE funds are subject to change based on the SWM tax revenue received by the state and funds allocated by the legislature. Funds distributed to municipalities for the current calendar year will be based on SCORE funds received by the county in the state's corresponding fiscal year. II. Recycling A. Allocation of Funds The following formula will be utilized to determine a city's recycling SCORE grant each year. Percent of SCORE funds allocated to curbside recycling: 2017 80% 2018 70% 2019 60% 2020 50% 2021 50% City recycling grant calculation: Number of households with curbside recycling in city Total SCORE Recycling grant ------------------------------- x Funds available - amount available Total number of households for recycling to the city with curbside recycling in county Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where each housing unit sets out its own recycling container for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January 1 of each funding year. The city will report the number in its application for funding. B. Application for Funding Each municipality must complete an annual grant application by February 15 to receive funding for that year. The application consists of a web-based report and a planning document provided 2 by the county. The web-based report asks for contract, program, tonnage, and financial information. The participation rate for the curbside recycling program must also be included in the web-based report. The municipality must calculate its participation rate during the month of October. The methodology for measuring participation must be provided to the county upon request. The planning document asks for a description of activities the city will implement to increase recycling and make progress toward county objectives. C. Use of Funds The following requirements apply to the use of recycling funds: 1. All grant funds accepted from the county must be used for waste reduction and recycling capital and operating expenses in the year granted. The county will not reimburse any funds in excess of actual expenses. 2. A municipality orjoint powers organization may not charge its residents through property tax, utility fees, or any other method for the portion of its recycling program costs that are funded by county grant funds. 3. Municipalities must establish a separate accounting mechanism, such as a project number, activity number, or fund that will separate recycling revenues and expenditures from other municipal activities, including solid waste and yard waste activities. 4. Recycling and waste reduction activities, revenues, and expenditures are subject to audit. 5. Municipalities that do not contract for curbside recycling services will receive grant funds provided that at least 90% of the grant funds are credited back to residents and the city meets all minimum program requirements. The additional 10% may be used for waste reduction and recycling expenses. The county may waive this requirement if the city negotiates a recycling improvement plan with the county. D. City Requirements 1. Materials Accepted At a minimum, the following materials must be collected curbside: • Metal food and beverage cans; • Glass food and beverage containers; • Cardboard boxes; • Newspaper and inserts; 3 • Mail, office and school papers; • Cereal, cracker, pasta, cake mix, shoe, gift, and electronics boxes; • Boxes from toothpaste, medications and other toiletries; • Magazines and catalogs; • Aseptic and gable-topped containers; and • Plastic bottles and containers, #1 — Polyethylene Terephthalate (PET, PETE), #2 High Density Polyethylene (HDPE), #4— Low Density Polyethylene (LDPE) and #5 — Polypropylene (PP) plastic bottles, except those that previously contained hazardous materials or motor oil. The county may add materials to this list and require municipalities to begin collection within one year of receiving notification from the county. Municipalities will notify the county if materials not found on this list will be collected. 2. Education and Outreach The partnership between the county and municipalities has been highly effective in educating residents and motivating behavior change. In order to continue this partnership and increase these efforts, program activities of municipalities must be coordinated with county and regional efforts. Municipalities must adhere to the following requirements: a. Use county terminology when describing recycling guidelines, including the description of materials accepted and not accepted, preparation guidelines, and promotional materials; b. Use images provided by the county or the Solid Waste Management Coordinating Board (SWMCB) if using images of recyclables; c. Provide recycling information on the city's website, including materials accepted and not accepted, a recycling calendar, and links to county resources; d. Mail a recycling guide to residents each year using a template developed jointly with the county. The county will design and print the guide. If a municipality does not use the template produced by the county, the municipality may develop its own guide at the municipality's expense, but it must be approved by the county. If the municipality relies on the hauler to provide the recycling guide, this guide requires approval by the county. e. Complete two educational activities from a menu of options developed by the county. 4 Any print material that communicates residential recycling guidelines that were not provided by the county template will require county approval. This does not apply to waste reduction and reuse, articles on recycling that do not include guidelines, or social media posts. The county will respond within five business days to any communication piece submitted. 3. Recycling Performance On an annual basis, municipal recycling programs must demonstrate that a reasonable effort has been made to maintain and increase the pounds of recyclables per household collected from their residential recycling programs. If a municipality does not demonstrate measurable progress, a recycling improvement plan must be submitted by the municipality within 90 days of being notified by the county. The recycling improvement plan must be negotiated with the county and specify the efforts that will be undertaken by the municipality to improve its recycling program to yield the results necessary to achieve county objectives. In cooperation with the county, the municipality may be required to participate in waste and recycling sorts to identify recovery levels of various recyclables in its community. Based on the results of the study, the county and municipality will collaborate to increase the recovery of select recyclable materials being discarded in significant quantities. E. Grant Payments The county will make two equal payments to the municipality. One payment will be made after the county receives the application, which consists of the web-based report and the planning document. A second payment will be made after basic program requirements, education and outreach requirements, and recycling performance have been confirmed and approved. If the municipality meets the county requirements, both payments will be made during the same calendar year. Funding will be withheld until the municipality meets the requirements of this policy. III. Organics Recycling A. Allocation of Funds The following formula will be utilized to determine a city's organics recycling SCORE grant each year: 5 Percent of SCORE funds allocated to curbside organics recycling: 2017 20% 2018 30% 2019 40% 2020 50% 2021 50% City organics recycling grant calculation: Number of households with curbside organics in city Total SCORE Organics grant --------------------------------- x funds available for = amount available Total number of households organics to the city with curbside organics in county If the formula above results in cities receiving grants where the dollar amount per participating household is greater than $25 per year, then a cap will apply. The funding cap per participating household is $25 per year. The most the county will grant a city is $25 per participating household per year. If funds are left over because of the cap, those funds will carry over into the following year's SCORE funds. Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where the household is signed up for organics service and the household sets out its own container with organics for curbside collection. The number of eligible households will be determined by counting the number of eligible households on September 1 of each funding year. The city will report the number in the application for funding. B. Application for Funds Each municipality must complete an annual application provided by the county by September 1 to receive funding. As a part of the application, a city must submit the number of households signed up for and receiving curbside organics service. C. Use of Funds The grant funds may be used for program expenses, including the following: • Discount to new customers • Discount to existing customers 6 • Referral incentives • City contract costs • Education and outreach • Compostable bags • Kitchen containers • Carts • Organics drop-off sites Program administration is not an eligible expense. Yard waste expenses are not eligible. If organics are co-collected with other waste, the organics expenses must be tracked separately. If a city passes funds through to a hauler, 100% of those funds must be credited to residents' bills. In addition, the following requirements apply: • All grant funds must be used during the term of the agreement. Funds not spent must be returned to the county. • Funds must be expended on eligible activities per Minnesota State Statute 115A.557. • A municipality orjoint powers organization may not charge its residents through property tax, utility fees, or any other method for the portion of its organics program costs that are funded by county grant funds. • Municipalities must account for organics expenditures separately upon request by the county. Expenditures are subject to audit. D. Education and Outreach Requirements The partnership between the county and municipalities has been highly effective in educating residents and motivating behavior change. In order to continue this partnership and increase these efforts, program activities of municipalities must be coordinated with county and regional efforts. The following requirements apply: 1. Use county terminology when describing organics recycling guidelines, including the description of materials accepted and not accepted, preparation guidelines, and promotional materials; z. Use images provided by the county or the SWMCB if using images of organic materials; 3. Provide organics recycling information on the city's website, including material accepted and not accepted, service options, and links to county resources; 4. Work with the county to develop promotional resources to increase participation. 7 E. Reporting A report on the city's organics program must be submitted electronically to the county by February 15 following each year. The report must include, but is not limited to, the following: Basic Program Information • Hauler(s) • Collection method • Where organics were delivered to and processed • Is service opt-in or opt-out • Cost of service to residents; contract cost for city • How the service was billed • Items included in service, such as curbside collection, cart, compostable bags, etc. Results • Tons • Number of households signed up • Average pounds per household per year • Participation (set-out rate on pickup day) • Program costs • How funds were used F. Grant Payment The county will make one organics grant payment to a municipality each year. The payment will be made after the county receives the application and confirms that the municipality meets the requirements of this policy. 8 Contract No: Al66398 RESIDENTIAL RECYCLING GRANT AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis, Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF GOLDEN VALLEY, 7800 Golden Valley Road, Golden Valley, Minnesota 55427-4588 ("CITY"). The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT This Agreement shall commence upon execution and expire on December 31, 2020, unless cancelled or terminated earlier in accordance with the provisions herein. Annual grant payments shall be calculated as set forth in Section 3. 2. SERVICES TO BE PROVIDED The CITY shall apply for annual grant funds and operate its Recycling Program as more fully described in Attachment A,the Residential Recycling Funding Policy. 3. ALLOCATION OF FUNDS The COUNTY will distribute to Hennepin County municipalities 100% of SCORE funds that the COUNTY receives from the state..SCORE fiends will be dedicated to two different purposes: 1) curbside recycling and 2)curbside organics recycling. SCORE funds are based on revenue received by the State of Minnesota from the solid waste management(SWM)tax on garbage services. SCORE funds are subject to change based on the SWM tax revenue received by the state and funds allocated by the legislature. Funds distributed to municipalities for the current calendar year will be based on SCORE funds received by the COUNTY in the state's corresponding fiscal year. Recycling The following formula will be utilized to determine a CITY'S recycling SCORE grant each year. Percent of SCORE funds allocated to curbside recycling: 2017 80% 2018 70% 2019 60% 2020 50% 1 � h CITY recycling grant calculation: Number of households with curbside recycling in city Total SCORE Recycling grant --------------------------------- x funds available = amount available Total number of households for recycling to the city with curbside recycling in county Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where each housing unit sets out its own recycling container for curbside collection. The number of eligible households will be determined by counting the number of eligible households on January I of each funding year. The CITY will report the number in its application for funding. The COUNTY will make two equal payments to the CITY. One payment will be made after the COUNTY receives the application, which consists of the web-based report and the planning document. A second payment will be made after basic program requirements, education and outreach requirements, and recycling performance have been confirmed and approved. If the CITY meets the COUNTY requirements,both payments will be made during the same calendar year. Funding will be withheld until the CITY meets the requirements of the Residential Recycling Funding Policy. Organics The following formula will be utilized to determine a CITY'S organics recycling SCORE grant each year. Percent of SCORE funds allocated to curbside organics recycling: 2017 20% 2018 30% 2019 40% 2020 50% CITY organics recycling grant calculation: Number of households with curbside organics in city Total SCORE Organics grant --------------------------------- x funds available = amount available Total number of households for organics to the city with curbside organics in county 2 If the formula above results in the CITY receiving a grant where the dollar amount per participating household is greater than$25 per year,then a cap will apply. The funding cap per participating household is $25 per year. The most the COUNTY will grant a CITY is $25 per participating household per year. If funds are left over because of the cap, those funds will carry over into the following year's SCORE funds. Eligible residential households are defined as single family through eight-plex residential buildings or other residential buildings where the household is signed up for organics service and the household sets out its own container with organics for curbside collection. The number of eligible households will be determined by counting the number of eligible households on September 1 of each funding year. The CITY will report the number in the application for funding. The COUNT Y will make one organics grant payment to the CITY each year. The payment will be made after the COUNTY receives the application and confirms that the CITY meets the requirements of the Residential Recycling Funding Policy. 4. PROFESSIONAL CREDENTIALS INTENTIONALLY OMITTED 5. INDEPENDENT CITY CITY shall select the means,method, and manner of performing the services. Nothing is intended nor should be construed as creating or establishing the relationship.of a partnership or a joint venture between the parties or as constituting CITY as the agent, representative, or employee of COUNTY for any purpose. CITY is and shall remain an independent contractor for all services performed under this Agreement. CITY shall secure at its own expense all personnel required in performing services under this Agreement. CITY's personnel and/or subcontractors engaged to perform any work or services required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law or Minnesota Statutes, chapter 176 (which may be referred to as the "Workers' Compensation Act"), on behalf of any personnel, including, without limitation, claims of discrimination against CITY, its officers, agents, contractors, or employees. Such personnel or other persons shall neither accrue nor be entitled to any compensation,rights, or benefits of any kind from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 3 6. INDEMNIFICATION CITY shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action,judgments, damages, losses, costs, or expenses, including reasonable attorney's fees,resulting directly or indirectly from any act or omission of CITY, a subcontractor, anyone directly or indirectly employed by them,and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of CITY to perform any obligation under this Agreement. For clarification and not limitation,this obligation to defend, indemnify and hold harmless includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the employment or alleged employment of CITY personnel, the unlawful disclosure and/or use of protected data,or other noncompliance with the requirements of the provisions set forth herein. 7. INSURANCE A. With respect to the services provided pursuant to this Agreement, CITY.shall at all times during the term of this Agreement and beyond such term when so required have and keep in force the following minimum insurance coverages or CITY's actual insurance limits for primary coverage and excess liability or umbrella policy limits,whichever is greater: Limits I. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products—Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence—Combined Bodily Injuryy and Property Damage 1,500,000 2. Workers' Compensation and Employer's Liability: Workers' Compensation Statutory Employer's Liability. Bodily injury by: Accident—Each Accident 500,000 Disease—Policy Limit 500,000 Disease—Each Employee 500,000 4 3. Professional Liability—Per Claim 1,500,000 Aggregate 2,000,000 The professional liability insurance must be maintained continuously for a period of two years after the expiration, cancellation or termination of this Agreement. B. An umbrella or excess policy is an acceptable method to provide the required commercial general insurance coverage. The above establishes minimum insurance requirements. It is the sole responsibility of CITY to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Upon written request, CITY shall promptly submit copies of insurance policies to COUNTY. CITY shall not commence work until it has obtained required insurance and filed with COUNTY a properly executed Certificate of Insurance establishing compliance. The certificate(s)must name Hennepin County as the certificate holder, and as an additional insured for the commercial general liability coverage required herein. A self-insured retention(SIR) applicable to the commercial liability coverage is not acceptable,unless expressly agreed to in writing by COUNTY. If the certificate form contains a certificate holder notification provision,the certificate shall state that the insurer will endeavor to mail to COUNTY thirty (30) day prior written notice in the event of. cancellation/termination of any described policies. If CITY receives notice of cancellation/termination from an insurer, CITY shall fax or email a copy of the notice to COUNTY within two business days. CITY shall furnish to COUNTY updated certificates during the term of this Agreement as insurance policies expire. If CITY fails to furnish proof of insurance coverages, COUNTY may withhold payments and/or pursue any other right or remedy allowed under contract, law, equity, and/or statute. CITY waives all rights against COUNTY, its officials; officers, agents, volunteers, and employees for recovery of damages to the extent that damages are covered by insurance of CITY. 8. DUTY TO NOTIFY CITY shall promptly notify COUNTY of any claim, action, cause of action or litigation brought against CITY, its employees, officers, agents or subcontractors, which arises out of the services described in this Agreement. CITY shall also notify COUNTY whenever CITY has a reasonable basis for believing that CITY and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a claim, action, cause of action, administrative action, 5 criminal arrest, criminal charge or litigation arising out of and/or related to the services described in this Agreement. 9. DATA CITY, its officers, agents, owners,partners, employees,volunteers and subCITYs shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules,regulations and orders relating to data privacy or confidentiality, which may include the Health Insurance Portability and Accountability Act of 1996 (HIPAA). For clarification and not limitation, COUNTY hereby notifies CITY that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. CITY shall promptly notify COUNTY if CITY becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data or privacy laws. Classification of data as trade secret data will be determined pursuant to applicable law and, accordingly,merely labeling data as "trade secret"does not necessarily make the data protected as such under any applicable law. 10. RECORDS—AVAILABILITYIACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY,the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents,papers, records, etc., which are pertinent to the accounting practices and procedures of CITY and involve transactions relating to this Agreement. CITY shall maintain these materials and allow access during the period of this Agreement and for six (6)years after its expiration, cancellation or termination. 11. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CITY binds itself, its partners, successors, assigns and legal representatives to COUNTY for all covenants, agreements and obligations herein. B. CITY.shall not assign,transfer or pledge this Agreement and/or the services to be performed, whether in whole or in part,nor assign any monies due or to become due to it without the prior written consent of COUNTY. A consent to assign shall be subject to such conditions and provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by CITY, the assignee and COUNTY. Permission to assign,however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement. C. CITY shall not subcontract this Agreement and/or the services to be performed, whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract,however, shall under no circumstances relieve CITY of 6 r its liabilities and obligations under the Agreement. Further, CITY shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CITY and each subcontractor shall require that the subcontractor's services be performed in accordance with this Agreement. CITY shall make contracts between CITY and subcontractors available upon request. For clarification and not limitation of Section 15E, none of the following constitutes assent by COUNTY to a contract between CITY and a subcontractor, or a waiver or release by COUNTY of CITY's full compliance with the requirements of this Section: (1) COUNTY's request or lack of request for contracts between CITY and subcontractors; (2) COUNTY's review, extent of review or lack of review of any such contracts; or (3) COUNTY's statements or actions or omissions regarding such contracts. D. As required by Minnesota Statutes section 471.425, subd. 4a, CONTRACTOR shall pay any subcontractor within ten(10) days of CONTRACTOR's receipt of payment from COUNTY for undisputed services provided by the subcontractor, and CONTRACTOR shall comply with all other provisions of that statute. 12. MERGER MODIFICATION AND SEVERABILITY A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided,the substantive legal terms contained in this Agreement including but not limited to Indemnification, Insurance,Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 13. DEFAULT AND CANCELLATION/TERMINATION A. If CITY fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it 7 shall be in default. Unless CITY's default is excused in writing by COUNTY, COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally,failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until CITY's compliance. In the event of a decision to withhold payment, COUNTY shall furnish prior written notice to CITY. B. For purposes of this subsection, "Data"means any data or information, and any copies thereof, created by CITY or acquired by CONTACTOR from or through COUNTY pursuant to this Agreement, including but not limited to handwriting, typewriting,printing,photocopying, photographing, facsimile transmitting, and every other means of recording any farm of communication or representation, including electronic media, email, letters, works, pictures, drawings, sounds, videos, or symbols, or combinations thereof. Upon expiration, cancellation or termination of this Agreement: l. At the discretion of COUNTY and as specified in writing by the Contract Administrator, CITY shall deliver to the Contract Administrator all Data so specified by COUNTY. 2. COUNTY shall have full ownership and control of all such Data. If COUNTY permits CITY to retain copies of the Data, CITY shall not, without the prior written consent of COUNTY or unless required by law, use any of the Data for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright,patent and/or transfer any or all of such Data; and shall not do anything which in the opinion of COUNTY would affect COUNTY's ownership and/or control of such Data. 3. Except to the extent required by law or as agreed to by COUNTY, CITY shall not retain any Data that are confidential,protected,privileged, not public, nonpublic, or private, as those classifications are determined pursuant to applicable law. C. Notwithstanding any provision of this Agreement to the contrary, CITY shall remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by CITY. Upon notice to CITY of the claimed breach and the amount of the claimed damage,COUNTY may withhold any payments to CITY for the purpose of set-off until such time as the exact amount of damages due COUNTY from CITY is determined. Following notice from COUNTY of the claimed breach and damage, CITY and COUNTY shall attempt to resolve the dispute in good faith. D. The above remedies shall be in addition to any other right or remedy available to COUNTY under this Agreement, law, statute, rule, and/or equity. 8 R ' E. COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. This Agreement may be canceled/terminated with or without cause by either party upon thirty (30) day written notice. G. If this Agreement expires or is cancelled or terminated,with or without cause, by either party, at any time, CITY shall not be entitled to any payment, fees or other monies except for payments duly invoiced for then-delivered and accepted deliverables/milestones pursuant to this Agreement. In the event CITY has performed work toward a deliverable that COUNTY has not accepted at the time of expiration, cancellation or termination, CITY shall not be entitled to any payment for said work including but not limited to incurred costs of performance, termination expenses, profit on the work performed, other costs founded on termination for convenience theories or any other payments, fees, costs or expenses not expressly set forth in this Agreement. H. Upon written notice, COUNTY may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) COUNTY does not obtain anticipated funding from an outside source for this project; (ii) funding for this project from an outside source is withdrawn, frozen, shut down, is otherwise made unavailable or COUNTY loses the outside funding for any other reason; or (iii) COUNTY determines, in its sole discretion,that funding is, or has become, insufficient. COUNTY is not obligated to pay for any services that are provided or costs or expenses or obligations incurred or encumbered after the notice and effective date of the suspension or cancellation/termination. In the event COUNTY suspends, cancels or terminates this Agreement pursuant to this paragraph, COUNTY shall pay any amount due and payable prior to the notice of suspension or cancellation/termination except that COUNTY shall not be obligated to pay any amount as or for penalties, early termination fees, charges, time and materials for services not then performed, costs, expenses or profits on work done. I. CITY has an affirmative obligation, upon written notice by COUNTY that this Agreement may be suspended or cancelled/terminated,to follow reasonable directions by COUNTY, or absent directions by COUNTY, to exercise a fiduciary obligation to COUNTY, before incurring or making further costs, expenses, obligations or encumbrances arising out of or related to this Agreement. 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such 9 provisions include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CITY; INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MEDIA OUTREACH; and MINNESOTA LAW GOVERNS. 15. CONTRACT ADMINISTRATION In order to coordinate the services of CITY with the activities of the Environment and Energy Department so as to accomplish the purposes of this Agreement,Ben Knudson, Waste Reduction and Recycling Specialist, or his successor, shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and CITY. 16. COMPLIANCE AND NON-DEBARMENT CERTIFICATION A. CITY shall comply with all applicable federal, state and local statutes, regulations,rules and ordinances currently in force or later enacted. B. CITY shall comply with all applicable conditions of the COUNTY grant. 17. PAPER RECYCLING COUNTY encourages CITY to develop and implement an office paper and newsprint recycling program. 18. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to CITY shall be sent to the address stated in the opening paragraph of this Agreement or to the address stated in CITY's Form W-9 provided to COUNTY. 19. CONFLICT OF INTEREST CITY affirms that to the best of CITY's knowledge, CITY's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to CITY, CITY shall immediately notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and advise COUNTY whether CITY will or will not resign from the other engagement or representation. Unless waived by COUNTY, a conflict or potential conflict may, in COUNTY's discretion, be cause for cancellation or termination of this Agreement. 10 20. MEDIA OUTREACH CITY shall notify COUNTY,prior to publication, release or occurrence of any Outreach (as defined below). The parties shall coordinate to produce collaborative and mutually acceptable Outreach. For clarification and not limitation, all Outreach shall be approved by COUNTY, by and through the Public Relations Officer or his/her designee(s),prior to publication or release. As used herein, the term"Outreach" shall mean all media, social media, news releases, external facing communications, advertising, marketing, promotions, client lists, civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, CITY (i)that reference or otherwise use the term "Hennepin County,"or any derivative thereof; or(ii) that directly or indirectly relate to, reference or concern the County of Hennepin,this Agreement,the services performed hereunder or COUNTY personnel, including but not limited to COUNTY employees and elected officials. 21. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation,however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota. 22. COOPERATIVE PURCHASING At the time of this Agreement: (1) Hennepin County is a signature party to the Joint Powers Purchasing Agreement (Agreement No. A131396) (the"JPA"); (2)the Minnesota Counties of Anoka, Carver, Dakota, Olmsted, Ramsey, Scott and Washington are signatories to the JPA("Cooperative Members"); (3) if agreed upon pursuant to a separate agreement between CITY and any Cooperative Member, the JPA allows a Cooperative Member, subject to the terms of the JPA, to purchase the same or substantially similar services based upon terms that are the same or substantially similar to those set forth in this Agreement including but not limited to price/cost; and (4) COUNTY shall have no obligation, liability or responsibility for any order or purchase made under the contract between a Cooperative Member and CITY. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK 11 i G COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA By: - Assistant County Attorney C r of Its County Board Date: .�� `7 n� ATTEST: YWIL Depu ' (jerk of County Board Date: ��' Z3 ' By: only A Date: Recommended for Approval By: J '�� BY: I Wig-Director Assistant County Administrator Environment an Energy Department - Public Works Date: �� Z j 7 Date: J MUNICIPALITY CITY warrants that the person who executed this Agreement is authorized to do so on behalf of CITY as required by applicable articles, bylaws,resolutions-o^r ordinances.* Printed Name: � '° �1,1,rt/[ k-5 Iw L Signed: Title: Gib,, Date: J�ntfg6 l � *CITY shall submit applicable documentation(articles, bylaws, resolutions or ordinances) that confirms the signatory's delegation of authority. This documentation shall be submitted at the time CITY returns the Agreement to the COUNTY. Documentation is not required for a sole proprietorship. 12 AMENDMENT NO. 1 TO AGREEMENT A166398 This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 ("COUNTY"), on behalf of the Hennepin County Environment and Energy Department, 701 Fourth Avenue South, Minneapolis, Minnesota 55415-1600 ("DEPARTMENT") and the CITY OF GOLDEN VALLEY, 7800 Golden Valley Road, Golden Valley, Minnesota 55427-4588 ("CITY"). WHEREAS, the COUNTY and the CITY entered into a four-year Residential Recycling Grant Agreement, Contract No. A166398 ("Agreement"), for a residential recycling grant commencing on January 1, 2017; and WHEREAS, the County Board, by Resolution No. 20-0197 adopted on June 2, 2020, amended the Hennepin County Residential Recycling Funding Policy to extend the contract period to December 31, 2021, allocate 2021 funds using the same methodology as 2020, allow organics recycling funds to be used for organics drop-off sites, and authorized grant funding for municipal recycling programs consistent with said policy; and WHEREAS, the parties desire to amend the Agreement to extend the term and incorporate other changes; NOW, THEREFORE, the parties agree that Agreement A166398 is amended as follows: 1. Section 1, TERM AND COST OF THE AGREEMENT, shall be amended to read as follows: This Agreement shall commence upon execution and terminate on December 31, 2021, unless cancelled or terminated earlier in accordance with the provisions herein. 2. Section 2, SERVICES TO BE PROVIDED, shall be amended to read as follows: The CITY shall operate its recycling program in accordance with the requirements described in the County's amended Residential Recycling Funding Policy ("Policy"), attached as Attachment A and incorporated by this reference, and fulfill the responsibilities of the Policy. 3. Section 3, ALLOCATION OF FUNDS, shall be amended to read as follows: The COUNTY will distribute SCORE funds as described in the Policy. The CITY shall follow the requirements for use of funds described in the Policy. Except as amended, the terms, conditions and provisions of this Agreement shall remain in frill force and effect. RESOLUTION #20-63 OCTOBER 20, 2020 RECYCLING GRANT AMENDMENT NO. 1 TO AGREEMENT A166398 WITH HENNEPIN COUNTY WHEREAS, Hennepin County and the City of Golden Valley entered into a four- year Residential Recycling Grant Agreement, Contract No. A166398 ("Agreement"), for a residential recycling grant commencing on January 1 , 2017; and WHEREAS, the County Board, by Resolution No. 20-0197 adopted on June 2, 2020, amended the Hennepin County Residential Recycling Funding Policy to extend the contract period to December 31 , 2021 , allocate 2021 funds using the same methodology as 2020, allow organics recycling funds to be used for organics drop-off sites, and authorized grant funding for municipal recycling programs consistent with said policy; and WHEREAS, the parties desire to amend the Agreement to extend the term and incorporate other changes; NOW, THEREFORE, the parties agree that Agreement A166398 is amended as follows: 1. Section 1 , TERM AND COST OF THE AGREEMENT, shall be amended to read as follows: This Agreement shall commence upon execution and terminate on December 31 , 2021, unless cancelled or terminated earlier in accordance with the provisions herein. 2. Section 2, SERVICES TO BE PROVIDED, shall be amended to read as follows: The CITY shall operate its recycling program in accordance with the requirements described in the County's amended Residential Recycling Funding Policy. 3. Section 3, ALLOCATION OF FUNDS, shall be amended to read as follows: The COUNTY will distribute SCORE funds as described in the Policy. The CITY shall follow the requirements for use of funds described in the Policy. Adopted by the City Council of Golden Valley, Minnesota this 20TH day of October, 2020 Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting October 20, 2020 Agenda Item 3. F. 1. Appointment of Facilities Study Task Force Members Prepared By Marc Nevinski, Physical Development Director Summary An important part of the City's Facilities Study is the creation of a task force comprised of residents, as well as representatives from the City's businesses and institutions. At the June 9, 2020 Council/Manager meeting, Council approved the following task force composition: • Four to five residents from different geographic locations within the City, reflecting diverse backgrounds, varied tenure and age ranges in the City, and include both renters and owners • Two to three representatives from the institutional and business community, with perspectives of larger employers, small business, and institutional or non-profit sectors. • One to two at-large members who provide a unique, valuable and unanticipated perspective to the discussion. • One Planning Commissioner to provide a land use perspective • One City Councilmember to chair the Task Force Members of the study's Steering Committee, along with Councilmember Rosenquist met to review the applications. Selection criteria included tenure in Golden Valley, availability, geographic location, and experiences such as work or community involvement. Council and Commission Residents Councilmember Rosenquist— Chair Kathryn Simpson Andy Johnson — Planning Commissioner Becky Sanders Karen Boehne Business and Institutional Gary Cohen Marc Meirovitz— MiclWestOne Bank Sara Barrow Lucy Smith Williams— Regency Hospital Cameron Selmer Tierre Webster— Damascus Way Brian Smith City Council Regular Meeting Executive Summary 2 City of Golden Valley October 20, 2020 The work of Task Force will be supported by the consultant and the Steering Committee, which includes: Marc Nevinski, Physical Development Dir. (lead) Cheryl Weiler, Communications Director Jason Sturgis, Police Chief John Crelly, Fire Chief Sue Virnig, Finance Dir. Ted Massicotte, Deputy Fire Chief Tim Kieffer, Public Works Director Financial Or Budget Considerations None Recommended Action Motion to approve the list of Facilities Study Task Force members. Supporting Documents None EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley City Council Meeting October 20, 2020 Agenda Item 3. F. 2. Adopt Facilities Study Task Force Bylaws Prepared By Marc Nevinski, Physical Development Director Summary When appointing a project task force, it is necessary for a governing body to establish bylaws in order to provide the task force with a scope of work, create expectations, define goals, and provide clarity when confusion or conflict arise. Such a document significantly increases the likelihood of success for a task force. The Facilities Study Task Force Bylaws outlines the purpose of the task force, its composition, and the terms of service of its members. Additionally, it defines the roles and responsibilities of the task force members, the task force's objectives, and the governance structure, including adherence to the open meeting law and the conclusion of the task force's work. The bylaws will be reviewed with the task force at its first meeting. Financial Or Budget Considerations None Recommended Action Motion to adopt the Facilities Study Task Force Bylaws. Supporting Documents • Golden Valley Facilities Study Task Force Bylaws (3 pages) Golden Valley Facilities Study Task Force Bylaws October 2020 to June 2021 Background and Purpose The City of Golden Valley is conducting a Facility Needs Analysis of its campus buildings located in the northeast quadrant of Winnetka Avenue and Golden Valley Road, as well as Fire Stations No. 2 and No. 3. The buildings are dated and do not meet the current needs of the City and are not expected to do so in the future. Additionally,the City Campus sits on prime real estate that could be better configured to incorporate private investment and support the businesses and activities in the downtown area. The Public Safety Building,which houses both the Police and Fire Departments has limited space for training, storage, and operations. A recent study by Five Bugles Design and Fire Rescue Analytics concluded that Fire Department operations should transition from the current paid on-call staffing structure to a duty crew structure, allowing the department to support a two-station model around the clock. A full-time staffing model could be considered in the future. The department is currently operating duty crews at certain days and times when call volumes are higher. However, the stations lack the appropriate facilities to accommodate different genders equitably. Similar challenges exist in the police department. Construction of a remote facility is currently budgeted in the City's CIP for 2025. The Public Works facilities are currently housed in four different buildings on campus, whose size and configuration create inefficiencies and do not accommodate modern vehicles and equipment well. A cold storage facility and storage yard are also located off site. Equitable facilities for different genders are also lacking. Additionally, Public Works operations often conflict with other activities and services that occur on campus and in the downtown area. City Hall is located on the corner of Winnetka Avenue and Golden Valley Road, although it is not prominently featured and is set back quite a distance from the corner. The building itself is dated, although recent improvements have been made. The main corridor occupies the center of the building, which separates operations and does not accommodate the public well. In addition to typical municipal administrative functions,the City operates a Department of Motor Vehicle service center in City Hall. The City wishes to develop a long-term plan for a phased approach to develop new facilities on a portion of its current campus, relocate Public Works operations, and make portions of its current site available for private investment to support activity in its downtown. An important principle guiding location decisions is keeping City Hall in the downtown area to attract and support civic, social and business activity. The downtown study the City is conducting includes several concepts for how this might be accomplished. The third and final phase of this study is currently underway. Investment in City facilities is a significant decision which has financial implications in terms of capital outlay and operational expenses. Additionally, such buildings have significant influence on the social and civic fabric of a community, necessitating careful thought and thorough stakeholder and community engagement. A considerable part of the analysis will include working with a task force comprised of community members, as well as a steering committee made up of staff members from various departments. Additionally,the City intends to hold 2-3 community engagement events to inform the community and ensure transparency in the process. city 0f Facilities Study golden 1 Task Force Charter V rt 1 -1-7 r The Facilities Needs Analysis will result in: • Guiding Principles for the construction of new facilities • Schematic Plans for public works, two fire stations, police station, and city hall • Site Selection Criteria for locating a remote fire station and a public works facility • A long-term Staging and Phasing Plan for the construction of new facilities • Cost estimates for construction of new facilities • Detailed Site Preparation plans and costs to decommission existing facilities and prepare them for redevelopment • An informed community and transparent planning process Task Force Term of Service The term for each Task Force member begins October 20, 2020 and continues through completion of the study and the dissolution of the Task Force, which is anticipated to occur in June 2021. Task Force members are expected to attend the regular meetings (approximately one per month), and may attend additional project meetings, such as community engagement events or City Council meetings. If a Task Force member cannot attend a regular meeting, they should inform the lead City staff member. Task Force members who miss multiple regular meetings or do not inform staff of their absence in advance of the meeting, may be removed from the Task Force. If a member cannot fulfill their commitment to the Task Force,the member must inform the lead staff member of their resignation. The position may or may not be filled at the discretion of the City Council. Roles and Responsibilities The Architectural Consultant hired by the City will facilitate the Task Force meetings by leading discussion on agenda items, preparing meeting materials, and taking meeting minutes. The Steering Committee, comprised of City staff from Police, Fire, Public Works, and Administration, will provide operational insight and information to support the work of the Consultant and the Task Force. The Physical Development Director, Marc Nevinski, is the study's lead staff member will serve as the study's point of contact. The Task Force will meet regularly and provide feedback and insight throughout the study process. The Task Force will consider such topics as guiding principles, plans, community engagement events, and a final report. The task force will: • Provide a resident, business, or institutional perspective about local government services, as well as the physical environment and civic space in which they are delivered. • Advise on the study's public engagement efforts. • Serve as project ambassadors for the community, reflecting the interests of the community throughout the study, explaining processes or recommendations to community members, and encouraging involvement in community engagement events. Governance A City Councilmember will chair the Task Force and ensure meetings run efficiently, respectfully, and follow the agenda. The Chair will have the final determination should disagreements arise or if a 2 city 0f Facilities Study golden Task Force Charter VC,1 i(-,-- consensus cannot be achieved. The Chair and lead staff member will be responsible to address issues of attendance, procedural matters, adjustments to schedules, or other matters relating to the function of the Task Force. Open Meeting Law All Task Force meetings must be open to the public and proper notice shall be given to the public in accordance with Minnesota's Open Meeting Law. There can be no such thing as a "closed", "private", or "executive" meeting. This applies to a meeting in which the entire Task Force is present as well as situations in which a quorum is present even if the entire Task Force is not present. A social gathering of Task Force Members in which city business is not discussed would likely not be considered a violation of the Open Meeting Law. If a Member is not sure whether an action could violate Open Meeting Law, it is recommended that Members err on the side of caution. Any questions regarding this topic should be directed to the lead City staff member. Dissolution Upon acceptance of the final report and plans of the Facilities Needs Analysis by the City Council, the work of the Task Force will be complete and the Task Force will be dissolved by resolution of the City Council. 3 EXECUTIVE SUMMARY Human Resources 763-593-3989 / 763-593-8109 (fax) Golden Valley City Council Meeting October 20, 2020 Agenda Item 3. G. Budget Adjustment for Physical Development Assistant/Deputy City Clerk Prepared By Kirsten Santelices, Human Resources Director Summary The City has shifted the organizational duties of the Deputy City Clerk from the Finance Director to the Physical Development Assistant. The shift of these duties will result in positive changes for the City and the staff involved. For example, the Finance Director will have the ability to concentrate on other areas of responsibility; the City Clerk will have a specific staff member as an official back-up; and this will provide positive career development opportunities for the Physical Development Assistant. As a result of this change, the Physical Development Assistant's title shall be: Physical Development Assistant/Deputy City Clerk. Financial Or Budget Considerations The reflection on the total 2020 budget is $1,465. The budget adjustment shall be made to Physical Development budget 1400.6110. Recommended Action Motion to adopt Resolution #20-64 amending the 2020 General Wages and Salary for the Physical Development Assistant/Deputy City Clerk position. Supporting Documents • Resolution #20-64 Amending 2020 Wages and Salaries for the Physical Development Assistant/Deputy City Clerk and 2020 Budget Amendment (1 page) RESOLUTION #20-64 OCTOBER 20, 2020 RESOLUTION AMENDING 2020 WAGES AND SALARY FOR PHYSICAL DEVELOPMENT ASSISTANT/DEPUTY CITY CLERK RECLASSIFICATION AND 2020 BUDGET AMENDMENT WHEREAS, in 2019, the 2020 Budget was adopted on December 3, 2019 with Resolution 19-69, and amended on February 4, 2020 with Resolution 20-17, and WHEREAS, in 2020, the need for a personnel reclassification with the promotion of Physical Development Assistant to Physical Development Assistant/Deputy City Clerk, and WHEREAS, this amendment allocates Fund Balance to those expenditures for each area outlined below, and BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the salaries of the following position started on September 28: NON EXEMPT Step 1 Step 2 Step 3 Step 4 Step 5 Physical Development $27.69 $29.01 $30.33 $31.65 $32.97 Assistant/Deputy City Clerk NOW THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the 2020 Amended General Fund Budget is hereby given final approval. DIVISION DESCRIPTION AMOUNT Expenses 035 Physical Development (1400.6110) $1 ,465.00 Fund Balance 1 465.00 Adopted by the City Council of Golden Valley, Minnesota this 20T" day of October, 2020 Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk EXECUTIVE SUMMARY Fire 763-593-8079 / 763-593-8098 (fax) Golden Valley City Council Meeting October 20, 2020 Agenda Item 3. H. Service Agreement with ONSOLVE, LLC for use of CodeRED On-demand Notification Service Prepared By John Crelly, Fire Chief Sue Virnig, Finance Director Summary As part of our GV Emergency notification system, the software program from Granicus that is used to push out critical messages to the citizens of Golden Valley will no longer be available at the end of this year. After reviewing several other venders of emergency notification systems (ENS), we have selected a product offered by ONSOLVE, LLC called CodeRED. This is a service agreement that allows the City access and use of their ENS product. This ENS product will allow the City to push out emergency messages through GV Emergency. The City Attorney has reviewed this service agreement, including an indemnification clause, and negotiated terms that are acceptable to the city. Financial or Budget Considerations The Computer Services budget (1105.6340) has $5800 allocated to an emergency software service product. The overage would come from the same area. Recommended Action Motion to authorize the Mayor to execute the service agreement with ONSOLVE, LLC (CodeRED) in a form approved by the City Attorney, in the amount of$6,000 Supporting Documents • Service Agreement ( 11 pages) Offer Date:September 11,2020 Offers Expires:This offer shall automatically be deemed rescinded if the Agreement is not signed in full by both parties on or before October 23,2020 (DONSOLVE TM SERVICE AGREEMENT CodeRED@ Unlimited Emergency System Minutes Unlimited SMS Texts This Service Agreement(the "Agreement') by and between Provider(as defined below) and Customer (as defined below) is made as of Last date signed on Exhibit B(the"Effective Date"). ORDERSERVICE CONTRACTGSA AGREEMENT-GSA i Provider Information: Provider Name: ONSOLVE, LLC ("Provider") Entity Type: Limited Liability Company State of Incorporation: Delaware Provider Address: 780 W. Granada Boulevard Ormond Beach, FL 32174 Customer Information: Customer Name: City of Golden Valley ("Customer") Entity Type: body politic State of Incorporation: Minnesota Customer Address: 7800 Golden Valley Rd Golden Valley, MN 55427 Business Contact/Title: Tim Cruikshank/City Manager Phone: 763-593-8006 Email: Tcruikshank(a-)poldenvalleymn.gov Please complete below if the Primary User is different from the Business Contact Primary User Name: John Crelly/Fire Chief Phone: 763-593-8065 Email: jcrelly@goldenvalleymn.gov Unless otherwise specified on a Customer purchase order or below,Provider will send invoices to the Customer Business Contact addres Customer Invoice Name: Attention: Address: City,State,Zip: Phone: Email: Preferred method of receiving invoices: ❑ Email ❑ US Mail DESCRIPTIONDETAILED SERVICE Initial Term (commencing on Effective Date) Commencing on the Effective Date and continuing through 12/31/2021 Renewal Term(s) One(1)Year If the Agreement is renewed, the first Renewal Term shall commence as of 11112022 CodeRED On-Demand Notification Service—GSA Contract Items- Unlimited Emergency-System Minutes—Unlimited SMS Texts Annual Notification Subscription Fee: $6,000.00 Initial Term Cost for Notification Service: $6,000.00 Additional Features—GSA Contract Items Commercially Available Data Included One(1)annual Provider-assisted traditional import for Customer data Included Annual Foreign Message Translation Subscription Fee Included for up to three(3)languages,as selected on Schedule 1: Annual Cost for all Additional Features: Included Initial Term Cost for all Additional Features: Included Annual Subtotal: $6,000.00 Initial Term Subtotal due on or before 01101/2021: $6,000.00 ONSOLVE,LLC Page 1 of 5 CONFIDENTIAL AND PROPRIETARY June 2018 Form All amounts are stated in United States Dollars unless specifically indicated otherwise. • GIS(Target Recipients by Geographic Location): City of Golden Valley,Minnesota(the"Notification Area") • Notification Subscription Fee includes Unlimited Message Units for Emergency Notifications sent via phone. Emergency means immediate threat to life and/or property. • Notification Subscription Fee includes the following number of Message Units for non-Emergency Notifications sent via phone: o During the Initial Term the Notification Subscription includes 31,000 Message Units. Unused Message Units do not carry over. o Commencing on 1/1/2022, Message Units will be re-set to 25,000 Message Units per year. Unused Message Units do not carry over year to year. • Notification Subscription Fee includes unlimited Notifications sent via email or SMS Texts. • Use that exceeds the included Message Units will be billed at$0.33 per Message Unit in blocks of 2,500 Message Units. • Provider reserves the right to increase the fees for any Renewal Term in an amount not to exceed five percent(5%)of the prior Initial Term or Renewal Term(as applicable). ATTACHMENTS: EXHIBIT A—GENERAL SERVICE DESCRIPTION,EXHIBIT B—TERMS AND CONDITIONS,EXHIBIT C—ACCEPTABLE USE POLICY ONSOLVE, LLC CUSTOMER: CITY OF GOLDEN VALLEY, MINNESOTA Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: CUSTOMER: CITY OF GOLDEN VALLEY, MINNESOTA Signed: Printed Name: Title: Date: ONSOLVE,LLC Page 2 of 5 CONFIDENTIAL AND PROPRIETARY June 2018 Form EXHIBIT A GENERAL SERVICE DESCRIPTION -CODERED® Description of On-Demand Notification Service: The Service is an on-demand alerting and response software-as-a-service (SaaS) for the Notification Area. Use of the Service is by subscription and does not require Customer to purchase, install or maintain any dedicated hardware or software. The Service allows any Initiator to send a single alert to thousands of Contacts simultaneously via a combination of familiar communication devices including the ability to capture real-time responses. Customer can access and activate the Service using any of the following methods: • Web:log in 24/7/365 at https://www.onsolve.com/login/to send alerts or to modify your account. • Phone:call (866)939-0911 for live operator assistance 24/7/365. Description of Service.With subscription, Customer receives: • Up to the number of Message Units stipulated on Service Order of the Agreement,which can be used as described on the Service Order and in Exhibit B. Message Units used will be deducted from Customer's Non-Emergency Message Units unless Customer designates the Notification as an Emergency in the Service. Provider has the final right,with reasonable discretion, to determine whether the Message Units qualify as an Emergency. • Unlimited messaging via SMS-based messages,email and to the CodeRED Mobile Alert App. • 500 Message Units for testing. Message Units used for testing are deducted from Customer's Message Units. Customer may request reimbursement of testing Message Units with notice to Provider within sixty (60) days from testing. Provider has the final right, with reasonable discretion,to determine whether the Message Units qualify for testing. • "Message Unit" or"System Minute" means sixty (60)seconds or less of connected call time in the Service. Call time will be deducted in six(6)second increments.Only connected calls including live,answering machine,voicemail and/or fax tone connections will result in call time deduction.As an example,a call connected for ninety(90)seconds shall be equal to two (2)Message Units • "SMS Text" means SMS messages that are 140 characters in length.SMS messages over 140 characters in length are separated into multiple texts. • Transaction Fee(as defined on Exhibit B)for unlimited Service(for refund purposes only,where applicable)is equal to$0.09.Transaction Fee for Message Unit-based Service is equal to the Overage Message Unit price set forth on the Service Order • Unlimited Initiators(those with role-based ability to access and activate the Service). • Unlimited groups within accounts:A group is an alert distribution list. • Standard upgrades. Standard upgrades include all maintenance releases. • For optional features purchased (e.g.Conference Bridge, Bulletin Board)up to the number of Message Units stipulated on Service Order of the Agreement. • Absent separate purchase of Commercially Available Data from Provider, Customer is responsible to provide data for use in the Service, and Provider shall not be responsible for Customer's inability to use the Service due to Customer's delay in providing data. • Customer may purchase professional services("Professional Services"), such as installations,implementations,software testing,custom modifications, data services or international training sessions from Provider. Professional Services will be described in a separate statement of work. • Data/Record Management • Notification Services/System Setup • Standard mapping layers • Standard Geocoding • Software Updates • System Wide Kick Off Call • Universal Callback Number Feature Contact List Maintenance. Provider provides multiple ways for Customer to enter and maintain the Contact list at no additional charge: • Community Notification Enrollment ("CNE") Page (public self-registration): Contacts may sign up on the CNE Page and enrollment information will be transferred to Customer. Customer acknowledges and agrees that Provider may notify such individuals that their data will be transmitted to Customer,and that the transmission of such data to Customer may render it public record and is subject to Customer's privacy policies.Customer agrees that it will be solely responsible for providing such privacy policies to these individuals and that Provider shall not be responsible for the individual contribution of contact information through the CNE page. • Contact Group Enrollment Page (internal self-registration): Customer's internal Contacts may sign up on the Contact Group Enrollment Page and enrollment information will be transferred to Customer. • Provider agrees that it will, upon termination of the Agreement and Customer's request, provided all Fees are paid in full, transmit in Provider's standard format any Community Notification Enrollment data received on or after the Effective Date and all Contact Group Enrollment data, one (1)time,to Customer at no charge. • Traditional Import:For its initial population of the Contact list,Customer may supply Provider with a spreadsheet(flat-file format)of Contact list data. Customer Support will scrub (examine)the submission as a courtesy for discernible data exceptions, or errors in formatting or content that might interfere with the proper loading of data or use of the Service. Provider generally updates data provided via traditional import within two (2) business days after receipt of such data. Customer may utilize this traditional flat-file import no more than one (1) time per year at no additional cost, unless otherwise set forth on the Service Order. • On-Demand Entry: Customer may enter or edit Contact data directly within the Service through the User interface. ONSOLVE,LLC Page 3 of 5 CONFIDENTIAL AND PROPRIETARY June 2018 Form Customer Support. Provider provides Customer with 24/7/365 live phone support at no extra charge.Customer may dial (866)939-0911,or the local support number provided to you by Provider. At Provider's reasonable discretion, non-urgent after hours and off hours("ANON") inquiries may be deferred until conventional business hours to facilitate best handling. Training.All training is customized and individual to the Customer. Provider training included with subscription at no extra charge: • One (1)annual Initiator training session; • Unlimited pre-recorded,web-based remote trainings • New features training sessions; and • Best practices feature training sessions(whenever applicable). Provider Customer Support works with Customer to schedule training flexibly and to accommodate Customer's schedule. All training is conducted via Web meeting/conference call. Customer may request additional sessions, or onsite training in lieu of Web-based training. Such training is billable at a base $1,500 day rate (minimum half day fee applies). For any onsite training, Customer is responsible for all of Provider's reasonable and pre-approved travel/lodging/incidental expenses. Support Documentation.Service documentation appears online. In addition to other online help documentation,Customer may download/print the current version of the Provider User Guide at any time. Description of Additional Features. Customer may purchase(if set forth on the Services Order): • Commercially Available Data. Provider shall include commercially available data (the "Commercial Data") for use by Customer in the Service. Provider will perform Commercial Data updates 3 to 4 times per year. Commercial Data is subject to licensing requirements that do not permit Provider to transfer ownership to Customer. • Foreign Message Translation.All Notifications must be input in English.Once specified,languages may not be changed,absent execution of an updated Schedule 1. ONLY those Users that have opted-in to the Service will receive their selected FMT.Translation is supplied by a third party and is AS-IS. • CodeRED Weather Warning® ("CRWW') - Includes automated Notifications generated from severe weather bulletins issued by the National Weather Service("NWS").CRWW Notifications are sent by matching the geographic locations associated with Users against the geographic polygon(s)associated with severe weather bulletins issued by NWS.CRWW Notifications are automatically launched 24 hours a day in response to the issuance of NWS severe weather bulletins. ONLY those Users that have opted-in to CRWW will receive CRWW Notifications. Consent for opt-in is required as set forth in the Agreement.CRWW Notifications are not deducted from Message Units. • Integrated Public Alert Warning System("IPAWS")Submission App ("IPAWS App"). Permits Customer to submit Notifications to (PAWS. IPAWS Notifications may be reviewed by the Federal Emergency Management Agency("FEMA")to determine appropriate dissemination. Initiators with access to the IPAWS App shall be authorized by FEMA to use IPAWS. In order to use the IPAWS App, Customer agrees to provide Provider, using best practices and secure means,with a copy of its IPAWS digital signature("Signature")along with its associated keystore,Signature pass codes,application for IPAWS,and any other information reasonably requested by Provider.Customer authorizes Provider to use and keep such information on Provider's servers for the purpose of allowing Customer and Provider to access, use and test IPAWS through the IPAWS App. Customer acknowledges and agrees that: (a)the dissemination of Notifications through IPAWS is not guaranteed nor controlled by Provider, and is the sole responsibility of FEMA; (b) Provider shall not be responsible or liable for the failure of Notifications to be disseminated through IPAWS;and(c)IPAWS may include additional features which are not supported through the IPAWS App (eg. the receipt of messages) and Provider shall not be required to provide such additional features. IPAWS App Notifications are not deducted from Message Units. • Bulletin Board. Bulletin Board allows Customer to record messages by dialing an interactive voice response system. Customer may promote its assigned number, and callers may call to listen to the prerecorded messages. Bulletin Board will capture the caller's spoken responses and/or keypress information and provide a report in the Service. Upon termination or expiration of the Agreement, Provider will retain any numbers provided. Message Units for Bulletin Board will be deducted in sixty(60)second increments.All incoming callswhether made for the purpose of recording or listening to Notifications will result in call time deduction. • Conference Calling. Conference lines are available on a first come, first serve basis. Conference lines are supplied by a third party and are AS-IS. Message Units for Conference Calling will be deducted in sixty(60)second increments. Each line invited into the call will result in call time deduction. • GIS Custom Map.GIS information must be in a standard format recognizable and electronically transferable to the Service.A full GIS map must be provided by Customer for hosting by Provider in order to be used in the Service. ONSOLVE,LLC Page 4 of 5 CONFIDENTIAL AND PROPRIETARY June 2018 Form SCHEDULE 1 — FOREIGN MESSAGE TRANSLATION Please select Three 3 languages. Selected Language F Catalan (Catalan) Chinese (Simplified, PRC) Chinese (Traditional, Hong Kong S.A.R.) F Chinese (Traditional, Taiwan) F Danish (Denmark) F Dutch (Netherlands) F Finnish (Finland) F French (Canada) F French (France) F German (Germany) F Italian (Italy) F Japanese (Japan) Korean (Korea) F Norwegian, Bokmal (Norway) F Polish (Poland) F Portuguese (Brazil) F Portuguese (Portugal) F Russian (Russia) F Spanish F Spanish (Mexico) F Spanish (Spain, International Sort) F Swedish (Sweden) Additional Languages for FMT may be purchased in blocks of three (3) languages for$250/year, which shall not be prorated for any partial year. ONSOLVE,LLC Page 5 of 5 CONFIDENTIAL AND PROPRIETARY June 2018 Form Exhibit B TERMS AND CONDITIONS 1. DEFINITIONS. 1.1. "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with, a party to this Agreement,where"control" means the control,through ownership or contract,of more than 50%of all the voting power of the shares entitled to vote for the election of the entity's directors or members of the entity's governing body; provided that such entity shall be considered an Affiliate only for the time during which such control exists. 1.2. "API" means the application program interface for the Service. 1.3. "API Contacts" means an individual person whose information is stored in an external third party application database (not in the Service database)capable of only receiving and responding to Notifications.API Contacts are not permitted to log in to the Service.All API Contacts are included in Customer's total number of Contacts as set forth on the Service Order, whether or not they are transmitted to the Service. 1.4. "Applicable Law" means any domestic and/or foreign statute, ordinance,judicial decision, executive order, or regulation having the force and effect of law, including US-EU Privacy Shield (where applicable). 1.5. "Contact" means an individual person capable of only receiving and responding to Notifications and, if permitted, updating its own profile. Contact includes API Contacts. 1.6. "Content" means content, data, text, messages and other material contained in a Notification. 1.7. "Data Processing Addendum" means Provider's data processing addendum (if applicable)that is executed by the Parties under this Agreement. 1.8. "Documentation" means any official, applicable documentation that Provider provides to Customer(electronic or written) regarding the Service. 1.9. "EU or Swiss Personal Data" means Standard Personal Information of any European Economic Area (EEA) resident as defined under the General Data Protection Regulation (EU 2016/679)("GDPR") and any national laws implementing the GDPR, regulations and secondary legislation, or of any Swiss resident as defined under the Swiss Federal Data Protection Act and Data Ordinance 2017, each as amended or updated from time to time. 1.10. "Fees" means any fees due hereunder, including without limitation all Transaction Fees and Subscription Fees. 1.11. "Initiators " means an individual person or application authorized to create and issue Notifications. 1.12. "Notification(s)" means messages issued by an Initiator through the Service,whether or not responded to by Contact. 1.13. "Sensitive Data" means any personally identifiable information relating to health/genetic or biometric information; religious beliefs or affiliations; political opinions or political party membership; labor or trade union membership; sexual preferences, practices or marital status; national, racial or ethnic origin; philosophical or moral beliefs; criminal record, investigations or proceedings or administrative proceedings; financial, banking or credit data; date of birth; social security number or other national id number, drivers' license information; or any other"sensitive data"category specifically identified under any Applicable Laws. 1.14. "Service" means Provider's software-as-a-service, Internet-based and accessed notification service to set up and send Notifications. 1.15. "Service Order" means the service order to which these Terms and Conditions are attached,which describes the specific Service to be provided to Customer. 1.16. "Standard Personal Information" means name, business contact details (work telephone number, cell phone number, e-mail address and office address and location), personal contact details (home telephone number, cell phone number, other telephone, e-mail address and physical address), geolocation, and employee ID or other non-identifying ID number. 1.17. "Subscription Fee" means the fees for access to and use of the Service, including any activation fees. 1.18. "Transaction Fee" means the fees for individual transactions of sending and/or receiving Notifications to and from devices. 1.19. "User" means, collectively, Initiator(s)and Contact(s). 2. SCOPE OF THE SERVICE. 2.1. Service. Subject to these Terms and Conditions (this "Agreement"), including the Exhibits attached hereto, Provider shall provide Customer with access to the Service in accordance with Provider's Documentation. Customer will not, and will not allow or assist any other entity to,sublicense,assign,transfer,distribute,rent or sell use or access to the Service,or remove,alter or obscure any product identification, copyright or other notices.Only Customer, its Affiliates'and their respective employees and agents may act as Initiators;all use of the Service by Customer, its Affiliates' and their respective employees and agents is subject to the restrictions set forth in this Agreement. 2.2. Ownership and Service Components.All rights not expressly granted to Customer herein are expressly reserved by Provider. The Service is and shall remain the exclusive property of Provider and its licensors. Customer represents and warrants it has the right and authority to provide Provider with the Content for use in connection with the Service and Provider agrees that Content shall be owned by Customer. Provider and its third-party providers shall have a royalty-free,worldwide,transferable,sub-licenseable license to use the Content to perform the Service. Provider may gather Service data for the purpose of optimizing the Service. This information includes data regarding memory usage, connection speed and efficiency. Users are subject to Provider's terms of service and privacy policy available on Provider's website, www.onsolve.com/privacy-statement. Customer shall not, and shall not allow or assist any other entity to, create derivative works, modify,decompile,disassemble,or otherwise reverse engineer or attempt to discover any source code or underlying ideas of any component of the Service, except to the extent that Applicable Law prohibits such restrictions. Customer agrees that any suggestions, enhancement requests, recommendations, or other improvements (collectively, "Feedback") provided by Customer to Provider may be incorporated by Provider into the Service. Feedback is provided without warranty of any kind. Customer grants Provider the right to copy,distribute,transmit, publicly display, publicly perform, reproduce,edit,translate, and reformat the Feedback, and the right to sublicense such rights to others. No compensation will be paid with respect to the use of Feedback. ONSOLVE,LLC Page 1 of 6 Customer Initials CONFIDENTIAL AND PROPRIETARY December 2018 Form 2.3. Contact Limit. During the term of the applicable Service Order and for a period of one (1)year thereafter, Provider shall have the right (at its own expense, upon reasonable notice, and no more frequently than once per calendar year unless prior breach has been uncovered) to inspect the number of Contacts. If Provider determines that Customer has exceeded the licensed number of Contacts, Customer shall pay Provider for the additional Contacts and the costs of such review within ten (10)days of Provider's invoice. 3. PAYMENT AND TAXES 3.1. Payment. Customer shall pay the Fees as set forth on the Service Order to this Agreement without setoff or deductions, within thirty (30)days from the invoice date. Payment shall be in advance,excluding any Transaction Fees which will be billed in arrears. Unpaid balances will be subject to interest at a rate of one and a half percent(1.5%) per month or the highest rate permitted by Applicable Law,whichever is lower, commencing on the date that payment was due. 3.2. Taxes. In addition to the Fees, Customer agrees to pay any taxes (including any VAT or sales tax),whether foreign, federal, state, local or municipal that may be imposed upon or with respect to the Service exclusive of taxes on Provider's net income. 3.3. Message Surcharges. Provider will not be liable to Customer, to any Contact or to any other person for any charges or fees that arise from sending or receipt of a Notification using the Service, including as a result of increases in pass-through charges by telecommunications providers. 4. TERM AND TERMINATION 4.1. Term. Unless earlier terminated in accordance with the terms of this Agreement, the Initial Term of this Agreement shall begin on the Effective Date and continue for the period set forth on the applicable Service Order. Upon completion of the Initial Term,this Agreement shall automatically renew for successive renewal terms (each a"Renewal Term") as set forth on the applicable Service Order, unless either party provides at least thirty (30) days' written notice that the Agreement will expire at the end of the Initial Term or then-current Renewal Term. 4.2. Termination. If either party defaults in any of its material obligations under this Agreement and such default has not been cured within thirty (30) days after written notice of such default, or if either party makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, is adjudicated bankrupt or insolvent, is subject to appointment of a receiver or is a party in any proceeding in any jurisdiction to which it is subject that has an effect similar or equivalent to any of the events mentioned, the non-defaulting party may immediately terminate this Agreement in addition to its other rights and remedies. 4.3. Suspension. Provider may suspend the Service: (a)effective immediately upon notice if Customer breaches any provision under Section 5(Customer Obligations);or(b)if payment for any portion of the Fees is not received by Provider within fifteen (15)days after receipt of written notice that payment is past due. Such suspension shall not modify or lengthen the term of this Agreement or any then current Service Order, nor shall any rights or obligations hereunder be waived during the suspension period. 4.4. Effects of Termination. Upon termination or expiration of this Agreement (i) Provider will, upon written request of Customer, erase Customer data from the production servers controlled by Provider, except that: (a) any data stored on Provider's backup servers shall be deleted as soon as technically feasible, and in any event within ninety (90) days from deletion from production, and Provider agrees that it (1)shall discontinue processing such data; and (2)shall maintain the confidentiality of such data in accordance with this Agreement; and (b) Provider may retain report data(e.g.,date/time of Notification and number of Notifications sent)necessary to support its billing and accounting records; (ii) Customer will immediately pay to Provider all amounts due and payable for Services delivered prior to the date of termination; (iii) Customer shall immediately cease all use of the Service and return or destroy all copies, extracts, derivatives and reflections of the Service, and, upon Provider's request, provide written notice that Customer has fully complied with this clause, and (iv)remedies for breach, rights to accrued payments and Sections 1 (Definitions), 2.2 (Ownership and Service Components), 2.3 (Contact Limit), 3. (Payment and Taxes), 4.4 (Effects of Termination), 5 (Customer Obligations), 6 (Confidentiality and Security), 8 (Indemnification and Responsibility), 9 (Limitation of Liability), and 10 (General) will survive. Upon termination of this Agreement for Customer's breach: (a) Customer will immediately pay to Provider all unpaid Fees that would become due under the then-current term if such termination did not occur; and (b) Provider shall retain any Fees paid to date. Upon termination of this Agreement for Provider's breach, Provider will refund an amount equal to the prorated amount of Fees paid for the remainder of the then current term, less any expenses for transactions completed prior to the date of termination,which shall be calculated based upon the Transaction Fees. 5. CUSTOMER OBLIGATIONS 5.1. Customer Obligations.The Service is subject to pass-through terms from certain telephony, facsimile, GIS and/or Short Message Service (SMS) vendors and as such, Provider may modify these terms upon thirty (30) days written notice to Customer if reasonably necessitated due to changes by the third-party providers. Failure to comply with these terms could result in the termination of certain critical services from Provider's vendors which would impact all of Provider's customers. 5.2. Acceptable Use Policy. Customer will use the Service in accordance with all Applicable Laws and the Acceptable Use Policy attached to the Agreement as Exhibit C. 5.3. Data Security. Customer acknowledges and agrees that Provider does not require or"pull" any specific data from Customer; that Customer controls which data and Content is input through the Service and which data is sent and to whom such data is sent; and that Provider only specifically tracks the privacy regulations of the United States, Canada, and the European Economic Area, Switzerland and Japan with respect to the Standard Personal Information and shall have no obligations with respect to privacy regulations in other countries or for other types of data.Accordingly: (i)Customer shall not under any circumstances,transmit or store any Sensitive Data to or through the Service;and(ii)Customer shall not transmit or store any EU or Swiss Personal Data to or through the Service unless:(a)Customer is certified under the US-EU Privacy Shield Framework and complies with the Privacy Shield's principles in connection with the protection and handling of its Standard Personal Information or Customer hereby represents to Provider that its protection and handling of Standard Personal Information is in compliance with the principles outlined in the US-EU Privacy Shield Framework,consisting of: Notice;Choice,Accountability ONSOLVE,LLC Page 2 of 6 Customer Initials CONFIDENTIAL AND PROPRIETARY December 2018 Form for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; Recourse; Enforcement and Liability; or (b) Customer has executed the Data Processing Addendum, and in such case Customer shall fully comply with the Data Processing Addendum. Provider is certified under the US-EU Privacy Shield Framework and complies with the EU-US Privacy Shield principles in its handling and processing of Standard Personal Information. 6. CONFIDENTIALITY AND SECURITY. 6.1. Confidential Information. During the course of this Agreement, each party may have access to confidential, proprietary or trade secret information disclosed by the other party, including, without limitation, ideas, trade secrets, procedures, methods, systems, and concepts, whether disclosed orally or in writing or stored within the Service, or by any other media ("Confidential Information"). Any information related to the Service, including Documentation, security information, and API information, shall be deemed to be Confidential Information of Provider, and any Content shall be deemed to be Confidential Information of Customer. Each party (the "Receiving Party") acknowledges that the Confidential Information of the other party(the"Disclosing Party")contains valuable trade secrets and other proprietary information of the Disclosing Party and that any such Confidential Information will remain the sole and exclusive property of the Disclosing Party. Each party will use Confidential Information only for the purpose of performing under this Agreement, restrict disclosure of Confidential Information solely to its employees and contractors with a need to know, not disclose such Confidential Information to any other entities unless required by law or to perform the terms of this Agreement, and otherwise protect the Confidential Information with no less restrictive measures than it uses to protect its own confidential and proprietary information. Information will not be deemed "Confidential Information" if it: (a)is generally available to the public(other than through breach of this Agreement); (b)is received from a third party lawfully empowered to disclose such information without being subject to an obligation of confidentiality; or(c)was rightfully in the Receiving Party's possession free of any obligation of confidence at the time it was communicated to the Receiving Party. Notwithstanding the above,the Receiving Party will not be in violation of the confidentiality restrictions herein with regard to a disclosure that was in response to a valid request under the Minnesota Government Data Practices Act,or a valid order by a court or other governmental body, provided that the Receiving Party provides the Disclosing Party with prompt written notice prior to such disclosure where reasonably possible in order to permit the Disclosing Party to seek confidential treatment of such information.A Receiving Party shall promptly notify the Disclosing Party if the Receiving Party becomes aware of any misuse or unauthorized disclosure of Confidential Information. 6.2. Security. Provider has put in place commercially reasonable information security procedures designed to protect and prevent unauthorized access to Content and Contact data. Provider will only process Content in accordance with the terms and conditions of this Agreement and Customer's instructions. Provider's security procedures include physical security, network security, hosted/data security and web security. Provider may modify its security procedures from time to time in accordance with changes to industry standards, but only in a manner that retains or increases the stringency of Provider's security obligations. 7. REPRESENTATIONS AND DISCLAIMER 7.1. Mutual Representations. Each party represents and warrants that: (i)it has the full corporate right, power and authority to enter into this Agreement, to grant the rights granted hereunder and to fully perform its obligations under this Agreement; (ii) the execution of this Agreement by such party, and the performance by such party of its obligations hereunder, does not and will not violate or conflict with any agreement to which such party is a party or by which it is otherwise bound;and(iii)when executed and delivered by such party,this Agreement will constitute the legal, valid and binding obligation of such party,enforceable against such party in accordance with its terms. 7.2. Additional Provider Representations. Provider represents and warrants that: (i)the Service will conform in all material respects to Applicable Law, Provider's Documentation; and (ii) all customer support, training and other services to be performed hereunder shall be performed in a professional and workmanlike manner consistent with industry standards. 7.3. Disclaimer. Provider makes no representation,warranty or guaranty,that the Service will work with,or be supported by,all protocols, networks,operating systems or environments;will be error-free;or that all Notifications will be delivered.Customer acknowledges and agrees that the Service is provided on a best efforts basis and is not designed, intended, authorized or warranted to be suitable for hosting life- support or EMT-based applications or other critical applications where the failure or potential failure of the Service can cause injury, harm, death, or other grave problems, including delays in getting medical care or other emergency services, and that any use of the Service to support such applications is fully at Customer's risk and Customer acknowledges that Provider will not have any liability for issues related to such use. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICE IS PROVIDED ON AN"AS IS"AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. PROVIDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY OR OTHERWISE, REGARDING THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. INDEMNIFICATION AND RESPONSIBILITY 8.1. Provider General Indemnification. Provider will defend, indemnify, and hold harmless Customer and its employees ("Customer Indemnitees") from and against any and all third party actions, losses, awards, liabilities, claims, expenses, damages, settlements, fees, penalties and costs of every kind and description, including reasonable legal fees and government regulatory fines (collectively, "Losses"), arising from: (i)any gross negligence or willful misconduct by Provider; or(ii)any breach of Section 6 by Provider. 8.2. Provider IP Indemnification. Provider will defend, indemnify, and hold harmless the Customer Indemnitees from and against all Losses arising out of a claim that the Service directly infringes a copyright or patent issued as of the Effective Date, or other intellectual property right of a third party. The foregoing obligation of indemnification does not apply where: (a) Customer's use of the Service is not in compliance with the terms of this Agreement; (b) Customer has modified the Service or any part thereof without Provider's express, written authorization; (c) Customer has combined the Service with software, hardware, system, data, or other materials not supplied or authorized by Provider where the infringement or misappropriation relates to such combination, unless Provider expressly authorized such combination or the combination was provided for in the Documentation; (d)the Loss is as a result of Content or Contact data; or(e)Customer continues use of the Service after being provided modifications that would have avoided the alleged infringement. In the event Provider believes that ONSOLVE,LLC Page 3 of 6 Customer Initials CONFIDENTIAL AND PROPRIETARY December 2018 Form the Service is,or is likely to be,the subject of an infringement claim, Provider may, at its option, (1)procure for Customer the right to continue using the Service under this Agreement, (2) replace or modify the Service so that it becomes non-infringing but substantially equivalent in functionality and performance, or(3)if neither clause(1)or(2)are feasible in spite of Provider's reasonable efforts,terminate this Agreement and refund a prorated portion of the Subscription Fees based on the days left in the Initial Term or then-current Renewal Term, less any expenses for usage accrued prior to the date of termination. The foregoing obligations are Provider's only obligations and liability in connection with infringement by the Service. 8.3. Customer Indemnification. To the extent allowed permitted by Applicable Law, Customer agrees to indemnify, defend and hold harmless Provider and its Affiliates, licensors and suppliers from and against all Losses arising out of: (i) Customer's breach of Sections 5 and 6; (ii)third party claims that Customer's Content infringes on any intellectual property rights;or(iii)Customer's gross negligence or willful misconduct. 8.4. Indemnification Procedures. Each party seeking indemnification hereunder shall provide the other party with: (i) prompt written notice of any claim for which indemnification is sought; (ii)complete control of the defense and settlement of such claim; and (iii)reasonable assistance and cooperation in such defense at the indemnifying party's expense. In any proceeding the indemnified party shall have the right to retain, at its expense, its own counsel. Notwithstanding the foregoing, the indemnifying party may not enter into a settlement of a claim that involves a remedy other than the payment of money by the indemnified party (which amounts must be subject to indemnification by the indemnifying party)without the indemnified party's written consent. 9. LIMITATION OF LIABILITY 9.1. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT WITH RESPECT TO BREACH OF SECTION 5.2 or Section 5.3 (CUSTOMER OBLIGATIONS) OR SECTION 6 (CONFIDENTIALITY AND SECURITY) OR ANY OBLIGATIONS UNDER SECTION 8 (INDEMNIFICATION AND RESPONSIBILITY): (a) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOSS OF DATA, REVENUES, PROFITS OR OTHER ECONOMIC ADVANTAGE, OR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER SIMILAR DAMAGES OF ANY KIND OR NATURE, (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SERVICE OR THIS AGREEMENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF EITHER PARTY, ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXCEED THE FEES ACTUALLY PAID OR PAYABLE UNDER THIS AGREEMENT DURING THE TWELVE (12)MONTHS OF SERVICE PRIOR TO THE DATE ON WHICH SUCH CLAIM AROSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT WITH RESPECT TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL PROVIDER'S TOTAL CUMULATIVE LIABILITY FOR ANY BREACH OF SECTION 6 (CONFIDENTIALITY AND SECURITY) EXCEED THREE TIMES (3X) THE FEES ACTUALLY PAID BY CUSTOMER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE FIRST NOTICE IS PROVIDED BY CUSTOMER REFERENCING THE RELEVANT CLAIM HEREUNDER. Customer understands and agrees that the limitation of liability in this Agreement for Provider is reasonable and that Provider would not enter into this Agreement without such limitations. 10. GENERAL 10.1. Force Maieure. Neither party shall be responsible for delays or failures of performance resulting from acts beyond the reasonable control of such party, including acts of God, acts of war, riots, acts of terror and other acts or omissions of third parties such as interruptions, delays,or malfunctions of service by third-party service providers. 10.2. Dispute Resolution. Except for injunctive relief sought by either party, the parties agree to cooperate and escalate any dispute or controversy("Dispute")arising out of or related to the performance of this Agreement or any Service Orderto each party's business managers, who will meet and work in good faith to resolve each Dispute within ten (10) business days after receiving notification of the Dispute. If the business managers are unable to resolve the Dispute, either party may escalate the Dispute to the next highest level of management for resolution. If the Dispute remains unresolved thirty(30)days after referral to the next highest level of management within each party, either party may bring suit in a court of competent jurisdiction. This Section shall survive the expiration or termination of this Agreement for any reason. 10.3. Publicity. Forthe duration of this Agreement, Provider may use Customer's name and logo on the Provider web site and in Provider's collateral marketing materials identifying Customer as a purchaser of the Service. If Provider's expected use of Customer's n ame and/or logo includes more than basic identification of Customer, Provider shall provide Customer with a copy of such content for approval,such approval not to be unreasonably withheld. 10.4. Survival of Terms. The rights and obligations of either party that by their nature would continue beyond the termination or expiration of this Agreement shall survive termination or expiration of this Agreement. For example, the provisions of this Agreement regarding indemnification and/or limitation of liability shall survive termination of this Agreement as to any cause of action arising under the Agreement. 10.5. Independent Contractor. Provider's relationship with Customer shall be that of an independent contractor, and nothing in this Agreement shall be construed to create a partnership, joint venture, principal-agent, or employer-employee relationship. Neither party will have or represent that it has the right, power or authority to bind, contract or commit the other party or to create any obligation on behalf of the other party. ONSOLVE,LLC Page 4 of 6 Customer Initials CONFIDENTIAL AND PROPRIETARY December 2018 Form 10.6. Severability. If any term or provision of this Agreement or the application thereof is to any extent held invalid or unenforceable,the remainder of this Agreement shall not be affected thereby,and each term and provision hereof shall be valid and enforced to the fullest extent of the law. 10.7. Entire Agreement. This Agreement constitutes the entire agreement and understanding between Customer and Provider with respect to the subject matter hereof and supersedes all prior and contemporaneous verbal and written negotiations, agreements and understandings, if any, between the parties. This Agreement cannot be modified except by a writing signed by an authorized representative of each party. The terms of this Agreement shall take precedence over any conflicting terms in purchase or procurement documentation, such as a purchase order, acknowledgement form, or other similar documentation and any pre-printed terms and conditions on or attached to Customer's purchase orders or invoices will be of no force or effect. The failure of either party to enforce any provision of this Agreement, unless waived in writing by such party, will not constitute a waiver of that party's right to enforce that provision or any other provision of this Agreement. 10.8. Notice.All notices and consents required or permitted under this Agreement must be in writing; must be personally delivered or sent by registered or certified mail(postage prepaid), by overnight courier or other nationally recognized carrier,or by facsimile(receipt confirmed), in each case to Provider's address on the Service Order, Attn: Legal, and to Customer's Business Contact on the Service Order, and will be effective upon receipt. Each party may change its address for receipt of notices by giving notice of the new address to the other party. 10.9. Counterparts. This Agreement may be executed in facsimile and in counterparts. 10.10. Export Compliance. The Service and other Provider technology, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Customer represents that it is not named on any U.S. government denied-party list. Customer will not permit any User to access or use the Service in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria)or in violation of any U.S.export law or regulation, and will not permit any U.S.-sanctioned persons or entities to act as Users. 10.11. U.S. Government End Users. As defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR section 252.227- 7014(a)(5)or otherwise, all software and accompanying documentation provided in connection with this Agreement are"commercial items," "commercial computer software," and or"commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by the terms of this Agreement. Customer will ensure that each copy used or possessed by or for the government is labeled to reflect the foregoing. 10.12. Assignments. Neither party may assign this Agreement without the prior written consent of the other party, except to an Affiliate or an entity that acquires all or substantially all of its business or assets,whether through merger, reorganization or otherwise. Any assignment in violation of the foregoing shall be void and of no effect. 10.13. Nondiscrimination. In the hiring of employees to perform work under this Agreement, Provider shall not discriminate against any person by reason of any characteristic or classification protected by Minnesota or federal law. 10.14. 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. ONSOLVE, LLC CUSTOMER: CITY OF GOLDEN VALLEY, MINNESOTA Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: Executed for Exhibits B and C ONSOLVE,LLC Page 5 of 6 Customer Initials CONFIDENTIAL AND PROPRIETARY December 2018 Form EXHIBIT C ACCEPTABLE USE POLICY 1. General Terms. 1.1 All Content is Customer's sole responsibility. Customer is solely responsible for the integrity and quality of the Content. Customer shall be responsible for, and under no circumstances will Provider or its Affiliates or any of their licensors or suppliers be responsible,for any loss, damage or liability arising out of any Content, including any mistakes contained in the Content or the use or subject matter of the Content. Further, Customer is responsible for: (i) any Notifications that are sent through its accounts (other than if caused by the Service itself or breaches by Provider); (ii)all Fees accruing from the use of the Service through its account,whether by its Affiliates and its and their employees and consultants; and (iii) all actions of its Affiliates, and its and their employees consultants, as if such actions had been conducted by Customer. 1.2 Customer shall be responsible for procuring any necessary consents or having other legal basis to contact Contacts with respect to the provision of any data transmitted through the Service. 1.3 Customer shall use any data it uploads into the Service in accordance with any and all restrictions applicable to such data and all Applicable Laws. 1.4 Customer will use and permit its Users to use the Service in accordance with this Agreement and all Applicable Laws, including the Telephone Consumer Protection Act, Fair Debt Collections Practices Act, Federal Communications Commission ("FCC") or Federal Trade Commission ("FTC") rules or regulations and any and all other Applicable Laws related to pre-recorded telephone and/or text messages and the use of automated dialing equipment. 1.5 Customer will include, at the beginning of each Notification, its official business or government name. Customer will include, at the end of each Notification, a telephone number for Customer. 1.6 Customer will not send any Notifications to mobile devices owned by a Contact unless Customer has obtained such Contact's "opt-in" consent to receive, or Customer has other legal basis to send such Contact, pre-recorded, telephone and text Notifications using automated dialing equipment. 1.7 Customer must provide Contacts with a simple mechanism for opting out or unsubscribing from receiving Notifications, including information on how to"opt-out" or unsubscribe. 1.8 Customer will not send Notifications to phone numbers that are emergency numbers and/or other numbers that may not be called using automated dialing equipment under Applicable Law. 1.9 Customer's total Notifications to an individual Contact will not exceed an average of one (1) Notification per day (via any contact method), absent an emergency or a specific use case for the Contact. Should Customer exceed this fair use, the parties will meet to discuss the reasons, review best practices and determine if an adjustment to Customer's Service plan is necessary. Due to vendor requirements for ensuring Notifications sent by the Service are not blacklisted, Customer shall adhere to this fair use policy. 1.10 Customer will not send any Content that it knows,or has reason to know: (i)infringes another's rights in intellectual property; (ii) invades any privacy laws including without limitation another's right to privacy and/or any privacy policies of Customer or any third-party; and/or(iii)justifies a complaint to the FCC and/or FTC. 1.11 Customer will not, and will not permit its Users or any third parties to: (i) engage or facilitate any unethical, deceptive or misleading practices in connection with the use of the Service; (ii) use the Service in connection with any telemarketing, solicitations, donations, sales, spamming or any unsolicited messages (commercial or otherwise); and/or (iii) provide Content to be transmitted in the Service which: (a) is defamatory, libelous, obscene, pornographic, or is otherwise harmful; (b) promotes violence, discrimination, illegal activities, gambling, alcoholic beverages, guns or tobacco; and/or(c)contains or otherwise links to viruses, worms, cancelbots or any other harmful code or computer programs designed to disrupt the functionality of any computer software or hardware or telecommunications equipment. 1.12 Customer may send SMS Texts in text format only. 1.13 Customer acknowledges and agrees that Notifications may not be delivered to the phone if not in range of a transmission site,or if sufficient network capacity is not available at a particular time. Even within a coverage area,factors beyond the control of the carrier may interfere with message delivery, including the Customer's equipment, terrain, proximity to buildings, foliage, and weather. Customer acknowledges that urgent Notifications may not be timely received and that the carrier does not guarantee that messages will be delivered. 1.14 Customer acknowledges that Provider may block Notifications (e.g., based on instructions from Contacts, carriers, aggregators, government agencies, etc.). 1.15 Customer agrees to maintain all security regarding its (and its Users') account ID, password, and connectivity with the Service. If Customer's account ID or password are stolen, or otherwise compromised Customer is obligated to immediately change the password and inform Provider of the compromise. ONSOLVE,LLC Page 6 of 6 Customer Initials CONFIDENTIAL AND PROPRIETARY December 2018 Form EXECUTIVE SUMMARY Physical Development 763-593-8030 / 763-593-8109 (fax) Golden Valley Council Meeting October 20, 2020 Agenda Item 6. A. Consider Amending the PMP Policy Adjusting Standard Street Width Prepared By Jeff Oliver, PE, City Engineer RJ Kakach, PE, Assistant City Engineer Summary At the October 13, 2020 City Council Manager Meeting, the City Council discussed the potential narrowing of the local street width standard as outlined in the PMP Policy from 28-feet to 26-feet. For clarity, the width measurement is taken from face of curb to face of curb, or the travel way of the street. If there are no curbs on an existing street, the measurement would be taken from edge of pavement to edge of pavement. While the majority of comments received through public outreach on this topic were in favor of keeping the current 28-foot wide policy, the cost implications to construct 28-foot streets instead of 26-foot streets on the rest of the City was also a consideration in the discussions. In total, staff received 52 emails or responses through the City website as part of the public outreach process. Upon further review, of the 52, 10 were duplicate responses. Of the 42 non-duplicate responses, 39 were for 28-feet, 2 were for 26-feet, and 1 was no opinion. The responses break down to percentages of 93%for 28-feet, 5%for 26-feet, and 2%for no opinion. Street costs associated with PMP projects are partially funded through special assessments. The special assessments cover a minimum of 20% of the total street project costs, the other 80% is funded through the general tax levy. Most public outreach comments sited pedestrian safety concerns on narrower streets. At the Council Manager meeting, City Council requested more information regarding the safety of narrower streets versus wider streets, specifically as it relates to pedestrian/vehicle crashes. Crash data over the past 10 years was gathered to evaluate the safety of various neighborhood street widths throughout Golden Valley. Based on the available crash information, there was one bicycle/pedestrian crashes on streets 26-feet or narrower and five bicycle/pedestrian crashes on streets 28-feet or wider. Based on the crash reports, it does not appear that street width played a role in any of the crashes. A summary of motorized and non-motorized crashed will be available at the Council meeting. It is also worth noting Council Meeting Executive Summary 2 City of Golden Valley October 20, 2020 that since the PMP program began there are more reconstructed local streets 28-foot and wider than 26-foot and narrower in Golden Valley: 26 feet or narrower = 33.50 miles (44.41%) 28 feet or wider = 41.94 miles (55.59%) Financial Or Budget Considerations Increasing street width may increase project costs by an estimated $150,000 to $235,000 for the 2020 (now 2021) PMP. Minnesota State Statute 429 requires assessments to make up a minimum of 20% of project costs. Adding these additional street width costs to the project would increase assessments per parcel by approximately$360 to $580 to meet the 20% requirement, based on recent bid data. Recommended Action Consider reducing the standard street width for local roadways from 28-feet to 26-feet. Supporting Documents • Pavement Management Policy (6 pages) Pavement Management Policy for The City of Golden Valley January 17, 1995 Amended October 15, 1996 Amended December 9, 1997 Amended June 7, 2005 Amended January 20, 2009 Purpose There are approximately 119 miles of street to be maintained within the City of Golden Valley. Of this total, 23 miles are designated as Municipal State Aid (MSA) roadways, and the remaining 96 miles are local streets. Keeping the street system in good condition is necessary to provide safe and reasonable transportation to the citizens of the City, to maintain property values and to keep the City an attractive and desirable place to live and do business. The goal of the Pavement Management Policy is to establish a Pavement Management Program (PMP) that systematically evaluates the street network to maximize the pavement lifespan, at minimum long-term cost, by performing the proper rehabilitation measure at the proper time. Background A properly constructed street can be expected to have an average effective lifespan of 50 to 60 years if proper maintenance measures (crack sealing, sealcoating, and bituminous overlays) are performed at the proper times. Many of the streets in Golden Valley were constructed more than 30 years ago, and did not receive the subgrade corrections that are consistent with today's standards. Many were constructed without removing unsuitable soils from the street subgrade, which causes the street to crack, distort and break up under normal traffic loading. This breakup of the pavement allows moisture into the subgrade, which further accelerates deterioration. Many of Golden Valley's streets are newer, having been constructed to City standards within the last 20 years. Although the pavement on these streets also exhibits some distress, the Pavement Management Program will include maintenance and rehabilitation of these streets in order to maximize their functional lifespan. The Pavement Management Program (PMP) The entire street system under the jurisdiction of the City of Golden Valley has been broken into segments which are evaluated by staff and consultants to determine the type of pavement distresses present. Staff then records the severity and extent of each pavement distress as well as the quality of the ride, traffic volumes and structural capacity on each street segment. Using a pavement management computer program, staff analyzes the recorded information and assigns a Pavement Quality Index (PQI) to each street segment. For example, a PQI of 10.0 represents a newly constructed street L:\City Council agendas\Agenda Packets\2020\10-20-20\6Ab-Current PMP Policy.doc 1 with little or no distress evident; and a PQI of 2.0 represents a street pavement that has completely failed. The PQI of each street segment is then inventoried, and streets are selected for rehabilitation strategies based on staff opinion and the analysis of the computer software. The goal of the City is to maintain a street system with an average PQI of 6.0 to 7.0. Residential streets shall be designated for an axle loading of 7 ton. Because streets decay at different rates depending on subgrade and pavement conditions, staff will periodically evaluate the pavement and assign PQls. Approximately every fifth year, a consulting engineering firm will conduct a complete inventory and evaluation of the street system. This will ensure that the baseline data being used for decision-making is current and that each street in the system receives appropriate rehabilitation measures when the need for maintenance first arises. Rehabilitation measures will include sealcoating, edge and full-width milling and overlays, varying degrees of in-place reclamation, total street reconstruction and other potential methods that may become available as new technology develops. Sealcoating Sealcoating is a preventive maintenance measure used to extend the life of a bituminous pavement. Liquid bituminous and aggregate are applied to help seal out moisture, reduce abrasion of the existing surface, increase skid resistance and help prevent older pavements from drying out and prematurely deteriorating. A properly installed sealcoat should last approximately 6 to 10 years. Sealcoating will be applied to those streets in the system that have been constructed to City standards and do not exhibit distresses indicative of poor street subgrade. The sealcoating process will include crack sealing, routine patching and limited repair of concrete curb and gutter. Bituminous Milling and Overlay Bituminous milling and overlay consists of mechanically removing a portion of the existing bituminous pavement surface, and placing new pavement. After placement of a bituminous overlay, properly timed sealcoating can extend the life of a street for an estimated 20 to 25 years before another overlay is required. Bituminous overlays will be performed on those streets that have been constructed to City standards and do not have distresses indicative of a poor subgrade. The streets receiving overlays also will be subject to crack sealing, curb repair, and patching before the placement of the overlays. Reconstruction Reconstruction is defined as any major rehabilitation involving the removal or relaying of all surface material for a particular segment of street. Reconstruction will be performed on streets that have deteriorated to the point where reconstruction is the only cost-effective method of rehabilitation. Sanitary sewer, water main, and storm sewer systems on streets subject to reconstruction will also be investigated as part of the PMP. Those utilities that exhibit inadequate capacity, maintenance problems, and do LACity Council agendas\Agenda Packets\2020\10-20-20\6Ab-Current PIMP Policy.doc 2 not meet specific state or federal requirements for the utility will be repaired or replaced as part of the street reconstruction project. Construction Standards The City will strive to maintain the existing street width and parking arrangements unless there is an over-riding safety reason to change. Variation from existing conditions, including parking and street width, will be considered in the following situations: 1 . On Municipal State Aid streets where MSA standards apply. 2. On collector and local streets where traffic volumes exceed 500 vehicles per day. 3. Where there are existing safety issues. 4. Where maintaining existing street widths and parking conditions create undue hardship on adjacent properties or elsewhere on the project. 5. To avoid environmental impacts such as wetland filling and removal of significant trees. Drainage Improvements The City will attempt to improve drainage conditions during reconstruction wherever possible and feasible. Drainage improvements for areas outside of public right-of-way will be implemented where feasible and in accordance with the Special Assessment Policy. Landscaping Impacts The City will endeavor to minimize landscaping disturbances whenever possible, and shall consider reasonable replacements when disturbances are necessary. The Environmental Coordinator shall comment on tree and landscaping impacts due to proposed projects and will include this review in project feasibility reports. Concrete Curb and Gutter Concrete curb and gutter provides structural support for the edge of the paved roadway, aids in snow removal and facilitates drainage of storm water for water quality treatment and minimizing damage to adjacent properties. Therefore, design of streets subject to reconstruction will include concrete curb and gutter. The City's standard for concrete curb and gutter is the Minnesota Department of Transportation's B-618 design constructed according to industry standards. Concrete curb and gutter designs other than the City's standard, such as D type, may be considered based upon neighborhood input. In order for alternate styles to be installed, 100 percent of the property owners abutting a street must sign a petition prepared by the Public Works Department requesting the alternate curb style. This petition will state that the City will no longer repair damages to turf, landscaping, sprinkler systems, mailboxes or other items placed within the public right-of-way by property owners resulting from the City's snow and ice control measures. L:\City Council agendas\Agenda Packets\2020\10-20-20\6Ab-Current PIMP Policy.doc 3 Property Owner Involvement During the preliminary design phase of any reconstruction project, the City will hold open houses for affected property owners. Property owners will be consulted and provided the opportunity to have input in the preliminary project design during the open houses. The City will also endeavor to keep property owners informed during construction through the use of construction newsletters, daily construction notices, targeted correspondence and other means of communication deemed appropriate. Driveway Reconstruction Pavement Management street reconstruction projects will include an opportunity for residents in the project area to reconstruct their driveways as part of the project. If property owners wish to participate in the driveway reconstruction program the City will prepare an estimate for the work, determine eligibility and liability for participation, determine the indirect costs for the work, prepare a contract and manage reconstruction of the driveway. Following reconstruction the property owner may choose to pay for the driveway reconstruction in one of two methods as outlined in the Special Assessment Policy. The City of Golden Valley will pay for replacement of the portion of each driveway that is removed due to the street reconstruction with the same material that was removed (asphalt or concrete). If property owners wish to have the driveway reconstructed in a material other that what was removed (install concrete when asphalt was removed) they will be responsible for the cost differential between the materials. The City reserves the right to reject requests for private driveway reconstruction in situations where the reconstruction requires that the City and/or its contractors must assume a higher degree of liability during construct than a normal driveway, or where the ability to achieve the required quality is not possible. Such situations include excessive or minimal slopes, landscaping impacts, structural impacts or similar conditions. The determination of eligibility to participate in the driveway reconstruction program is at the discretion of the Public Works Department. Sanitary Sewer Service Repair Pavement management street reconstruction projects will include an opportunity for property owners affected by the street reconstruction to reconstruct their private sanitary sewer services. This voluntary program will allow property owners to become compliant with Chapter 3 of Golden Valley City Code, and helps the community reduce the inflow and infiltration of clear water into the sanitary sewer system. If a property owner wishes to participate in the sewer service rehabilitation program, the City will prepare estimates for the work, determine eligibility and liability for participation, determine the indirect costs for the work, prepare a contract and manage the rehabilitation work. Following completion of the sewer service rehabilitation the property owner may choose to pay for the work as outlined in the Special Assessment Policy. L:\City Council agendas\Agenda Packets\2020\10-20-20\6Ab-Current PIMP Policy.doc 4 Maintenance The City will perform major maintenance procedures in a timely and cost- effective manner to maintain condition over the life of the street, including overlays and sealcoating. However, streets that need reconstruction also need maintenance measures beyond what is required for streets built to City standards. These maintenance measures must also be performed more frequently on poor quality streets, resulting in an increasing burden on General Fund street maintenance and the need for more taxes to finance them. Therefore, those streets recommended for reconstruction consistent with the Pavement Management Policy but denied by the City Council because of resident opposition will no longer be subject to maintenance measures beyond those deemed necessary for public safety. Maintenance measures required for public safety will include, but are not limited to, repair of large potholes in the driving lanes and patching of utility openings. Sidewalks The construction of sidewalks will be evaluated for each street in keeping with the goals of the Golden Valley Sidewalk Committee. Sidewalk construction will be financed by the City. Financing and Special Assessments The City of Golden Valley Pavement Management Program is to be financed through the General Fund and general obligation bonds. The bonds will be repaid through tax levies and special assessments. Sealcoating will be financed completely through the General Fund, with no assessments to adjacent properties. Bituminous overlays may be contracted with the reconstruction portion of the program and will be financed through bonding as funding allows. Special assessments will only be levied against those properties adjacent to streets being reconstructed. The amount of the special assessments will be set in the City's annual fee resolution based on the Special Assessment Policy. Typical Project Schedule and Process The following schedule and process is typical for a Pavement Management street reconstruction project. 1 . City staff makes recommendations to the City Council regarding proposed reconstruction projects for each year. The City Council reviews the recommendations and orders feasibility reports for projects. 2. Preliminary project data gathering, including surveying, soil borings and review of maintenance records is performed. 3. Preliminary project design and public participation occurs. 4. Project design continues with preparation of the feasibility report, and public hearings for project authorization and special assessments are held. L:\City Council agendas\Agenda Packets\2020\10-20-20\6Ab-Current PIMP Policy.doc 5 5. Following project authorization the final plans, specifications and contract documents are prepared, the project is bid and a contract is awarded. 6. Project construction occurs begins in the spring and is completed in the fall. 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