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11-04-20 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 \ va Wednesday, November 4, 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.ore, or by calling 1-415-655-0001 and entering the meeting code 133 769 3167. The public may participate in this meeting during public comment sections, including the public forum beginning at 6:20 pm, by calling 763-593-8060. 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. Council Manager Meeting—October 13, 2020 3- 6 2. City Council Meeting— October 20, 2020 7-11 B. Approval of City Check Register 12 C. Boards and Commissions: 1. Appointment of Police Commission Task Force Members 13-14 D. Approval of Bids, Quotes and Contracts: 1. Approve Fourth Amendment to Custodial Services Agreement for City Hall Campus 15-73 with Jani-King of Minnesota and Second Amendment to Custodial Services Agreement for Brookview with Stratus Building Solutions 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 November 4, 2020—6:30 pm E. Grants and Donations: 1. Approve the Three Rivers Hennepin County Park Program Funding Agreement and 74-90 Accept Donation of up to $13,000 2. Approve Resolution #20-66 Approving Coronavirus Aid, Relief, and Economic 91-92 Security (CARES) Aid Funding CARES from Hennepin County 3. Approve Accepting Donations and Grants-Minnesota Government Finance 93-95 Officers Association Resolution #20-67 4. Approve CARE Aid Funding Resolution #20-68 96-97 F. Authorize Limited Use Permit with the Minnesota Department of Transportation for 98-121 Permitting Land Usage on Trunk Highway 55 for Maintaining and Operating a non- Motorized Trail Resolution #20-65 4. Public Hearing 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. First Consideration of Ordinance No. 694 Amending City Code, Section 16, Article III, 122-136 Rental Housing Licensing B. First Consideration of Ordinance No. 695 Amending City Code, Section 18-2 Disorderly 137-139 Conduct C. COVID-19 Pandemic Emergency Administrative Actions 140-152 D. Review of Council Calendar 153-154 E. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment 7800 Golden Valley Road I Golden Valley,MN 55427 CltJ 0J 763-593-8012 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov golden ,,v� - �- City Council/Manager�� October 13, 2020—6:30 pm Virtual WebEx Meeting REGULAR MEETING MINUTES The meeting began at 6:30 pm. Present: Mayor Harris and Council Members; Rosenquist, Fonnest, Sanberg and Harris. Staff present: City Manager Cruikshank, City Attorney Cisneros, Police Chief Sturgis, Physical Development Director Nevinski, City Engineer Oliver, Assistant City Engineer Kakach, Deputy Fire Chief Massicotte, Physical Development Assistant Schwalbe and Finance Director Virnig. Also present: Nicole Appelbaum (Chestnut Cambronne) 1. Pavement Management Policy Assistant City Engineer Kakach presented the staff report including feedback from residents in the remaining four PMP project areas. The majority of input received was in favor of 28-foot-wide streets. Kakach explained that increasing street width may increase project costs by an estimated $150,000 to $235,000 for the 2020 (now 2021) PMP. Councilmember Fonnest asked about the impact of moving from 26 to 28 foot, in terms of cost to the City. Staff explained that over a four year period, the low estimate was of$600,000 whereas the high was of $940,000 when considering the four quadrants left to be done. Councilmember Rosenquist asked staff to address input and comments from residents including issues with intersections, plowing and clearing snow, and large vehicles passing through the street. City Engineer Oliver explained that intersections are looked at so that center lines match up, so that drivers are looking at the other car once they are approaching an intersection. This improves intersection safety, he said. He continued explaining that if there are cars parked, it can be difficult for vehicles to pass, hence vehicles tend to slow down. This effect in slowing vehicles down is referred to as traffic calming, but this is not necessarily measurable. Oliver explained that in 26 foot-wide streets, large vehicles such as a snow plows or fire trucks can get through when there are cars parked immediately adjacent, so long as they do it one at a time. In terms of snow plowing and snow clearing, Oliver explained that plows don't get up against the curb—they do what is commonly referred to as "winging up the banks", where they push back, clear the edge of the roadway and clear the snow further away from the streets. Rosenquist added that speed on big roads is also a concern from residents. Oliver explained that studies find that speeds are usually far lower than what pedestrians perceive, making this a perception issue. He added that it is generally accepted that narrower streets promote slower travel. Councilmember Fonnest shared that his motivation on bringing this topic back to Council stems from a concern for safety and the sense of community streets bring to Golden Valley. Of equal importance, the financial implications of the pandemic and downturn in the economy need to be considered in all projects that demand money from the City. 2 City of Golden Valley City Council/Manager Regular Meeting Minutes October 13, 2020—6:30 pm Councilmember Harris shared he empathized with residents who are concerned with Council changing their minds midstream. Harris said residents took the time to bring these concerns and comments and that, while the pandemic does have a financial impact, residents understood the costs associated with this project. Harris said at this point he is leaning towards 28 foot-wide streets. Councilmember Sanberg shared that she understood residents' concerns and that the current climate of unpredictability made the Council re visit the decision. She stated that she is currently undecided on the topic. Mayor Harris said that the upcoming City Council Meeting on October, 20 would enable the opportunity to hear more feedback from residents and others who support 26 foot width streets. He added that all of Council's decisions take into consideration the best interest of those living in the community as a whole— and not just those living in the neighborhood. Mayor Harris said the Council will discuss the issue on the upcoming Council meeting and have a final decision. Finally, Mayor Harris asked residents to put this issue into perspective and continue to have reasonable and respectful conversations. 2. Crime Free Ordinance Discussion Deputy Fire Chief Massicotte presented the staff report. He explained that this agenda item comes forth for discussion as a result of recent inquiries staff has had from Council and residents. The item refers to four sections on the Rental Licensing section of ordinance (Article III, Sec. 16).According to Massicotte, these sections are concerning to fair housing advocates as they can lead to negative impact on the public's perception and people being deterred from seeking emergency assistance for fear of being evicted from their properties. Understanding that those perceptions can be drastic,the City certainly wants to avoid that. Staff agrees with the potential negative impacts these sections can produce and recommends removing them from ordinance. Councilmember Sanberg inquired about Sec. 16-56. (h) Crime Fee Training and if there is any other program that would deal with landlord-tenant rights and relationships. Massicotte explained that the Safer Tenants and Renters (STAR) program encourages landlords to participate in training and regular meetings with City inspections and Police staff. Police Chief Sturgis added that the program focuses primarily on crime prevention, advocacy and giving the landlords access to the resources they need. City Attorney Cisneros explained the program is referenced in the training section of the code that staff is proposing to get rid of. Cisneros therefore recommended that should this section of code be approved for removal, a few lines referring to the City's STAR program be added as a policy for adoption by the Council or by staff(if the authority is delegated). Cisneros also commented that wording on the most recent STAR program description would require some changes because it references the Crime Free Housing Lease Addendum which is proposed to be eliminated in this provision. Councilmember Rosenquist commented that Housing Advocates have discussed having a simplified mechanism where landlords and tenants could access information about rules and regulations in Golden Valley in a simple way. City Manager Cruikshank explained that hiring a dedicated Housing Manager will enable these sorts of responsibilities to reside with the individual on this position. Councilmember Fonnest inquired about lease agreements and if they would need to be modified to reflect the deletion of these sections. Cisneros explained the lease agreements wouldn't necessarily need to be re- written as it is up to the landlord's discretion to keep or remove this addendum from the leasing contract, the change being that the City is no longer requiring it. Cisneros added that the enforceability of the addendum is a matter of contract law and the lease agreement has to comply with the requirements of Minnesota landlord-tenant law (a field that is regulated by State Statute). 3 City of Golden Valley City Council/Manager Regular Meeting Minutes October 13, 2020—6:30 pm The Council directed staff to look at incentives to further protect renters and to bring back this topic to a future Council meeting to remove the aforementioned sections from ordinance. 3. Proposed Revision to Disorderly Conduct Ordinance City Attorney Cisneros presented the staff report. She explained that there was overlap and repetition between the Disorderly Conduct Ordinance and State Law adding that the Golden Valley Police Department and the prosecutor's office is usually inclined to rely on State law rather than City Ordinances when dealing with cases. Cisneros gave an overview of the proposed changes. Councilmember Fonnest inquired if the language change in paragraph two inferred that Golden Valley was assuming policing responsibility for property that technically is part of the Minneapolis Park Board or if the language change proposal is more in alignment with the Park Board's in terms of unauthorized activities. Cisneros explained the addition of the terms "lake" "creek" and "pond" were appropriate because it would not make sense that the referenced activities would only apply to a river when there are more bodies of water in Golden Valley. It was also noted that the primary concern is occasional flooding in Golden Valley where, during flood conditions, those bodies of water can be very dangerous to swim in. Cisneros added the proposed changes do not affect the relationship between the City of Golden Valley and the Minneapolis Park police when it comes to policing those areas of common jurisdiction. In reference to the proposed changes on paragraph 3, Councilmember Sanberg commented that these types of ordinances might disproportionately affect unhoused people (i.e. obstructing sidewalks, loitering, public urination). She asked staff if there was any insight regarding the circumstances people are cited, in relation to this section of the ordinance. Chief Sturgis explained that primarily the police department deals with this issue in buildings (like a gas station or restaurant) during the weekend nights and that it is not something the department gets called on usually. The Council thanked staff for their work and proposed changes. 4. Council Review of Future Draft Agendas: Housing and Redevelopment Authority-October 20, 2020, City Council - October 20, 2020, City Council - November 4, 2020, Council/Manager - November 10, 2020, City Council - November 17, 2020, Housing and Redevelopment Authority- December 1, 2020, City Council - December 1, 2020, Council/Manager - December 8, 2020 and City Council - December 15, 2020. City Manager Cruikshank informed the Council that the October, 20 HRA Meeting would be cancelled and that the topics listed on that agenda would be discussed on a future HRA work- session. No changes were submitted for future draft agendas. The meeting adjourned at 8:15pm 4 City of Golden Valley City Council/Manager Regular Meeting Minutes October 13, 2020—6:30 pm Shepard M. Harris, Mayor ATTEST: Tomas Romano, Assistant to the City Manager's Office 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. 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 20, 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.ore, 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, Maurice Harris, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank, City Attorney Cisneros, Finance Director Sue Virnig, City Engineer Jeff Oliver, City Assistant Engineer R.J. Kakach, Physical Development Director Marc Nevinski. Mayor Harris extended a congratulations and a thank you to our State Legislators for the Fifth Special State Legislative Session. The bond bill passed which included some key achievements including the flood mitigation program in the northwest portion of the city, the pedestrian underpass project, and the continuing assistance for the inflow and infiltration program. 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, Maurice Harris, Larry Fonnest, Kimberly Sanberg, Shep Harris the following voted against: none and the motion carried. 3. Approval of Consent Agenda MOTION made by Council Member Sanberg, seconded by Council Member Rosenquist to approve the consent agenda of October 20, 2020, as revised: removal of 3C1— Human Services Commission Resignation, 3C2— Human Services Commission Appointment, and 3F1—Appointing Facility Study Task Force Members. Upon a vote being taken, the following voted in favor of: Kimberly Sanberg, Larry Fonnest, Maurice Harris, Shep Harris, Gillian Rosenquist, the following voted against: none and the motion carried. 3A. Approval of Minutes: 3A1. City Council Meeting— October 7, 2020 3B. Approve City Check Register and authorize the payments of the bills as submitted. City of Golden Valley City Council Regular Meeting Minutes 2 October 20, 2020- 6:30 pm 3C. Boards and Commissions: 3C3. Environmental Commission Minutes, August 24, 2020 31). Approval of Bids, Quotes and Contracts 3D1. Approve Architectural Services contract of Municipal Facilities Needs Analysis 3D2. Approve One Year Extension of Catering Agreements for Brookview 3E. Grants and Donations 3E1. Approve Resolution for Bassett Creek Watershed Management Commission to apply for ERF Grant Application for Main Stem Lagoon Dredging Project in Theodore Wirth Regional Park Resolution #20-62 3E2. Approve Resolution to Execute Hennepin County Residential Recycling Grant Agreement Resolution #20-63 3F. Approve City Facilities Study Task Force 3F2. Adopting the Facility Study Task Force Bylaws 3G. Approve Budget Adjustment for Physical Development Assistant/Deputy City Clerk Resolution #20-64 3H. Approve Service Agreement with ONSOLVE< LLC for use of CodeRED On-Demand Notification Service 3. Items Removed From the Consent Agenda: 3C1. Human Services Commission Resignation Council Member Sanberg thanked Joel Nelson for his service and contributions to the Human Services Commission. MOTION made by Council Member Sanberg, seconded by Council Member Rosenquist to accept the resignation of Joel Nelson from the Human Services Commission. Upon a vote being taken, the following voted in favor of: Kimberly Sanberg, Larry Fonnest, Maurice Harris, Gillian Rosenquist, and Shep Harris, the following voted against: none and the motion carried. 3C2. Human Services Commission Appointment Council Member Sanberg recommended Kevion Ellis for the Human Services Commission and stated he is a great candidate for this Commission. MOTION made by Council Member Sanberg, seconded by Council Member Harris to appoint Kevion Ellis to the Human Services Commission with a term to expire May 2021. Upon a vote being taken, the following voted in favor of: Kimberly Sanberg, Shep Harris, Maurice Harris, Gillian Rosenquist, and, Larry Fonnest, the following voted against: none and the motion carried. 3E1. Appoint Facility Study Task Force Members Council Member Rosenquist expressed appreciation and thanked the number of residents who volunteer for the task force. Their commitment to helping improve the future of the City infrastructure and city services is commendable. City of Golden Valley City Council Regular Meeting Minutes October 20, 2020- 6:30 pm MOTION made by Council Member Rosenquist, seconded by Council Member Fonnest to approve the list of Facilities Study Task Force Members. Upon a vote being taken, the following voted in favor of: Gillian Rosenquist, Larry Fonnest, Maurice Harris, Kimberly Sanberg, and Shep Harris, the following voted against: none and the motion carried. 6. New Business 6A. Consider Amending the Pavement Management Program Policy Adjusting Standard Street Width Assistant City Engineer Kakach presented the staff report stating at the October 13, 2020, Council Manager Meeting, the Council discussed the potential narrowing of the local street width standard as outlined in the Pavement Management Program (PMP) Policy from 28-feet to 26-feet. Staff received and reviewed 42 emails and responses through the City website as part of the public outreach process. The breakdown is as follows: 39 responses for 28-feet, 2 responses for 26-feet, 1 response indicating no opinion for a total of 42 non-duplicated responses. Mayor Harris directed staff to open the Call Center for public input. Constance Hietala, 2300 Xylon Ave N: Stated the Council previously voted on a 28-foot width and is requesting to keep the policy in place. Barbara Wollak, 2225 Orkla Drive: Stated her property is in the 2024 PMP and strongly supports the 28- foot width policy as she believes this is good for all residents of Golden Valley. Tim Erickson, 2250 Orkla Drive: Stated that he believes that due to the economic downturn, this is a good time for the 28-foot width as contractors will be looking for work. Larry Crepeau, 2155 Zealand Ave N: Stated he supports the 28 foot width policy and reminded the Council of the purpose of the PMP. Andrea Lentini, 2540 Zealand Ave N: Stated that a new Council was elected and that this Council has the right and ability to adjust the policy as they deem appropriate. Lynn Sinclair, 2165 Aquila Ave N: Very concerned for the safety of children and considers this a safety issue. She strong supports a 28-foot PMP policy. Tony Ihrke, 2220 Orkla Drive: Stated he is scheduled for the 2024 PMP. He supports the 28-foot width. Kathy Longar, 2105 Aquila Ave N: Stated she scheduled for the 2022 PMP and she believes the increase would consistently remain at 3% not the projected $300 per year. She added that she thinks there are problems with 26-foot streets and avoids these streets as a result. She stated she personally surveyed 140 neighbors and she reports that the vast majority would like a 28-foot PMP Policy. She further added City of Golden Valley City Council Regular Meeting Minutes October 20, 2020- 6:30 pm that COVID-19 should not change City policy. She was not aware that the policy decision from last year would be reconsidered at this time. Ron Lundquist, 2125 Aquila Ave N: Stated the popularity of the General Mills Nature Area and the subsequent foot traffic demands a 28-foot width. Judy Hoover, 2020 Orkla Drive: Stated she is very concerned with the safety issues, specifically the clearance of emergency vehicles on a 26-foot width street. Ken Momsen, 8450 Winnetka Heights Drive: Stated he previously lobbied for the 28-foot width. He further commented that the City did not notify resident and solicit their comments. He further stated that he believes is paying $300,000 for a sidewalk that no one wants. Kyle Sheppard, 8401 Westbend Road: State he is concerned with the safety in his neighborhood in regards to emergency vehicle access on a 26-foot wide street. Melinda Gerdes, 2505 Xylon Ave N: Stated she is against narrowing the streets as she believes there are pedestrian safety issues. Linda Caruthers, 8225 23rd Ave N: Stated the last PMP policy vote was taken 11 months ago and believes the Council needs to uphold their obligations. She believes the pandemic will pass and the roads need to last fifty years. Susan Lundquist, 2125 Aquila Ave N: Stated he is upset of the traffic safety issues around the Medley area. Nicholas Fry, 8365 Westbend Road: Stated he would like the roads to stay at 28-feet. He believes the City could setup a fund to help financially-stressed residents with the payment of this assessment. Joanie Clausen, 2516 Lee Ave N: She believes this discussion is making residents lose trust in the Council. 2830 Zealand Ave N: Stated she is in support of the policy going back to 26 feet. She added that due to impacts of COVID-19, residents have greater issues than this policy at this time. With no further callers waiting to speak, Mayor Harris directed staff to close the call center. Council Member Sanberg reminded the Council this is a cost to all tax payers and is part of the City levy. Council Member Rosenquist requested clarification; for the past 10 years the city policy has been 26 feet; therefore, the assessments have been smaller but so have the bond issues and therefore the levy increases have been smaller as well. Council Member Sanberg stated the $40,000 incentive should be removed from the PMP moving forward to be more fiscally responsible. All Council Members are in agreement. City of Golden Valley City Council Regular Meeting Minutes October 20, 2020- 6:30 pm Council Member Harris believes this process has shown that the city can further improve notification to residents. He further added, that he does believe this is a safety issue. There was additional discussion regarding amending the PMP Policy including perceived traffic and safety concerns, budget impact, potential financial strain on residents during COVID-19 and recent resident feedback. MOTION made by Council Member Fonnest seconded by Council Member Rosenquist to amend the Pavement Management Program Policy adjusting the standard street width from 28 feet to 26 feet. Upon a vote being taken, the following voted in favor of: Larry Fonnest, Kimberly Sanberg, Gillian Rosenquist, Shep Harris. The following voted against: Maurice Harris and the motion carried. 613. Review of Council (three or more Council Members may attend the following) October 22 at 8:30 am, Golden Valley Business Council Meeting October 26 at 6:30 pm, Open Space and Recreation Commission Meeting October 26 at 7:00 pm, Environmental Commission Meeting October 26 at 7:00 pm, Planning Commission Meeting October 27 at 6:30 pm, Human Rights Commission October 27 at 7:00 pm, Board of Zoning Appeals October 31 from 8:00 am to 1:00 pm, Annual Fall Leaf Drop-off October 31 from 10:00 am to 3:00 pm Additional House for Absentee Voting at City Hall 6C. Mayor and Council Communication City Manager Cruikshank provided information on the Police Task Force and notified the Council of additional interview times. October 27, 2020 from 6-8 pm and will be posted on the Council Calendar Council Member Rosenquist provided an update from a recent Minneapolis Park and Recreational Board Meeting. Council Member Rosenquist provided an update from a recent CIVIC Quarterly Management Committee Meeting for the Blue Line Extension. She believes the Governor supports the overall extension program; however, this particular line is not receiving much support. Council Member Harris reminded all residents to vote on November 3rd 7. Adjourn MOTION made by Council Member Rosenquist, seconded by Council Member Harris to adjourn the meeting at 9:45 pm. 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. Shepard M. Harris, Mayor ATTEST: Sue Schwalbe, Deputy City Clerk city EXECUTIVE SUMMARY .golden Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley City Council Meeting November 4, 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://weblink.ci.golden-valley.mn.us/WebLink/browse.aspx?id=717279&dbid=2&repo=GoldenValley The check register for approval: • 10-16-20 Check Register EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Agenda Item 3. C. 1. Appointment of Police Commission Task Force Members Prepared By Tim Cruikshank, City Manager Summary At its September 15, 2020 meeting, the City Council approved the creation of a Police Commission Task Force to begin the process of studying how the City might replace the existing Civil Service Commission with a new Police Commission. The Council approve the following Task Force Composition: • Two members from the existing Police Civil Service Commission • One member of the Human Rights Commission, chosen by the HRC • Two Golden Valley Police Officers, one appointed by each of the two existing police unions • One member of the Golden Valley Crime Prevention Fund, chosen by the members of the Crime Prevention Fund • One youth member who lives in the City of Golden Valley selected by the Council • One social service provider who serves the City of Golden Valley selected by the Council • One person who works or owns a business in the City of Golden Valley selected by the Council • One individual, preferably a resident of Golden Valley, with knowledge or experience of the defense side of the criminal justice system selected by the City Council (for example, a criminal defendant or criminal defense attorney) • Three residents of Golden Valley selected by the City Council Task Force Purpose The proposed purpose of the Task Force is: 1. To develop a recommendation regarding the name, membership composition, and duties of anew commission on policing; and 2. To draft a proposed mission statement and bylaws for the new Commission which defines its role. The Task Force will meet twice per month beginning on November 19, 2020. Councilmember Rosenquist will serve as the Task Force Chair, Chief of Police Jason Sturgis will serve as the staff liaison, and Equity and Inclusion Manager Zackery will assist and support Councilmember Rosenquist and Chief Sturgis' Task Force oversight. All Task Force meetings are open to the public and will be advertised on the City's website and social media. The work of the Task Force would will be presented to the Council and the public for consideration. The City Council interviewed 19 applicants for 7 open task force seats and selected the individuals listed below based on the following criteria: • Demonstrated understanding of policing in Golden Valley. • Demonstrated expertise in law enforcement, public safety, or provision of social services. City Council Regular Meeting Executive Summary 2 City of Golden Valley November 4, 2020 • Demonstrated commitment to relationship building between community and law enforcement. • One of the following lived experiences or identities: homelessness, mental health, substance abuse or arrest or conviction records, racial and ethnic diversity, member of the LGBTQIA+ community, religious affiliation, and non-citizen or naturalized citizen of the United States. • The Council will also consider the following additional lived experiences and identities with the goal of appointing a diverse task force: age, gender, geographic residence, disability, socioeconomic status, and work experience. Financial Or Budget Considerations Staff time will be required to support the work of the Task Force. Recommended Action Motion to appoint the following individuals to the Police Commission Task Force: Andrew Wold Gloria Kumagai Thomas Huling Nancy Azzam Daniel Feldman Randy Mahlen EXECUTIVE SUMMARY Public Works 763-593-8030 / 763-593-3988 (fax) Golden Valley City Council Meeting November 4, 2020 Agenda Item 3. D. Approve Fourth Amendment to Custodial Services Agreement for City Hall Campus with Jani-King and Second Amendment to Custodial Services Agreement for Brookview with Stratus Building Solutions Prepared By Tim Kieffer, Public Works Director Rick Birno, Park and Recreation Director Summary The current agreements for custodial services expire December 31, 2020. Staff proposes to amend the contracts to extend them for one additional year. In addition to regular custodial services, disinfection of high touch surfaces and public spaces has been added due to COVID-19. The first contract with Jani-King of Minnesota is for the Main Campus including City Hall, Public Safety, Public Works, and two remote fire stations. The second contract with Stratus Building Solutions includes Brookview, Golf Maintenance, and Schaper and Brookview Park shelters. Financial Or Budget Considerations The combined total for regular custodial services for City facilities is $124,833.24. The proposed 2021 Park Maintenance operating budget (1620.6382) has $3,000 for shelter cleanings. The proposed 2021 Building operating budget (1180.6382) has $120,000 for custodial services. The overall budget for Contractual Maintenance (1180.6382) is $278,500. Additional funds for overages will come from reduced work in the line item to stay within budget. Recommended Action Motion to authorize the Mayor and City Manager to execute Fourth Amendment to Custodial Services Agreement with Jani-King of Minnesota, Inc. in the form approved by the City Attorney to extend the agreement for one additional year. Motion to authorize the Mayor and City Manager to execute Second Amendment to Custodial Services Agreement with Stratus Building Solutions in the form approved by the City Attorney to extend the agreement for one additional year. City Council Regular Meeting Executive Summary 2 City of Golden Valley November 4, 2020 Supporting Documents • Fourth Amendment to Custodial Services Agreement Between City of Golden Valley and Jani-King of Minnesota, Inc. (3 pages) • Custodial Services Agreement for Main Campus and Fire Stations (34 pages) • Second Amendment to Custodial Services Agreement Between City of Golden Valley and L&S Service Solutions L.L.C., DBA Stratus Building Solutions. (3 pages) • Custodial Services Agreement for Brookview, Golf Maintenance, and Park Buildings (17 pages) FOURTH AMENDMENT TO CUSTODIAL SERVICES AGREEMENT BETWEEN CITY OF GOLDEN VALLEY&JANI-KING OF MINNESOTA, INC. THIS FOURTH AMENDMENT TO CUSTODIAL AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY & JANI-KING OF MINNESOTA, INC. ("Fourth Amendment") is made effective as of October 1, 2020 (the "Amendment Effective Date") by and between the City of Golden Valley (the "City") and Jani- King of Minnesota, Inc. (the "Contractor"). WHEREAS, the City and Contractor are parties to an Agreement for Custodial Services to provide cleaning services to the City's main campus and fire stations,effective January 1, 2020(the"Agreement"); and WHEREAS,the parties desire to modify and extend the Agreement as provided herein; and WHEREAS, under the terms of the Agreement, upon the mutual written agreement of the City and Contractor,the terms of the Agreement may be modified. NOW THEREFORE, 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. The term of the Agreement shall be extended and the Agreement shall continue in effect until December 31, 2021. 3. Compensation. Paragraph 2 of the Agreement shall be replaced in its entirety with the following: 2. The City shall compensate Contractor for the Services at the rates set forth in the table below. Contractor shall submit monthly invoices to the City that describe in sufficient detail the Services rendered. Invoices ("Invoices") shall be submitted to the City Council for approval at the first City Council meeting following receipt.The City shall pay Contractor within thirty-five(35) days after each invoice is approved. City Hall • Regular cleaning services shall be provided Monday through $1,063.60/month Friday. Vehicle • Regular cleaning services shall be provided Monday through $483.91/month Maintenance Friday. Building Utility • Regular cleaning services shall be provided Monday through $571.92/month Maintenance Friday. Building Page 1 of 3 Park • Regular cleaning services shall be provided Monday through $465.54/month Maintenance Friday. Building Street • Regular cleaning services shall be provided Monday through $524.24/month Maintenance Friday. Building Public Safety • Regular cleaning services shall be provided Monday through $1,248.54/month Building Saturday. Fire Station 2 . Regular cleaning services shall be provided 3 times per $660.00/month week. Fire Station 3 • Regular cleaning services shall be provided 3 times per $568.77/month week. 4. The following new paragraphs shall be added to the Agreement after paragraph 20: 21. Temporary Changes to the Services and Compensation. Due to the COVID-19 pandemic and to protect the public health,the parties agree to temporarily modify the services and compensation as follows. The Services listed in the table below shall be collectively referred to herein as the "Temporary Services." Payment for these Temporary Services shall be in addition to the payment of the Regular Services. City Hall • Temporary disinfectant services shall be provided Monday $500.00/month through Friday. City Hall • Temporary Plexiglas disinfectant services shall be provided $50.00/month Monday through Friday All Public Works • Temporary disinfectant services shall be provided Monday $300.00/month Buildings through Friday. Public Safety . Temporary disinfectant services shall be provided Monday $750.00/month Building through Sunday. Fire Station 2 • Temporary disinfectant services shall be provided 3 times $120.00/month per week. Fire Station 3 • Temporary disinfectant services shall be provided 3 times $120.00/month per week. 22. Disclaimer of Warranty for Contagions. Contractor does not warrant or represent that the Temporary Services will prevent any person from becoming sick or contracting any infection or disease, and the City waives all claims that may arise against Contractor related to a person becoming sick or contracting any infection or disease in connection with the Temporary Services. 23. Termination of Temporary Services. The Temporary Services shall continue until terminated by the City. Upon such termination, the Services (as defined in the Agreement) shall resume and the City shall compensate the Contractor according to the fee schedule in the Agreement. The City shall provide 5 days' notice to Contractor of termination of the Temporary Services. Page 2 of 3 5. Ratification. Except as specifically provided in this Fourth 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. 6. 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 Fourth Amendment and the Agreement constitute the entire understanding between the parties in respect to the subject matter hereof and supersedes all previous amendments to the Agreement. INTENDING TO BE LEGALLY BOUND HEREBY, the parties have executed this Fourth Amendment as evidenced by the signatures of their authorized representatives below. JAM-KING OF MINNESOTA, INC. CITY OF GOLDEN VALLEY, A MINNESOTA MUNICIPAL CORPORATION By: By Patrick McBride, Regional Director Shepard M. Harris, Mayor By TimothyJ. Cruikshank, City Manager Page 3 of 3 THIS CUSTODIAL SERVICES AGREEMENT FOR MAIN CAMPUS AND FIRE STATIONS (the "Agreement") is made and entered by and between Jani-King of Minnesota, Inc. ("Contractor") and the City of Golden Valley (the "City") (collectively the "Parties" and individually a"Party"). RECITALS WHEREAS,the City desires to engage a contractor to provide custodial services at certain City-owned locations; WHEREAS, the City issued a Request for Proposals for Custodial Services (the "RFP"), for the purpose of soliciting proposals for the provision of custodial services at the City-owned locations; WHEREAS, Contractor submitted a Proposal to provide custodial services; and WHEREAS, the City wishes to retain Contractor to provide custodial services at certain City-owned locations, and Contractor is willing to undertake such responsibilities, on the terms and subject to the conditions set forth herein. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Locations; Services; Access; Modification. Contractor shall provide the services ("Services") at the locations ("Locations") described on the attached Schedule A. The City may, in its sole discretion and at any time, modify the Services and the time for performance. The City shall provide Contractor with reasonable access to the Locations so that Contractor may perform its obligations under this Agreement. Contractor shall provide all equipment and cleaning products necessary to perform its obligations under this Agreement. The City shall provide certain disposable products, including paper towels, toilet paper, soap, and liners, for Contractor's use for restocking. Contractor's staff shall, if requested by the City, wear City IDs and/or uniforms while performing the Services. 2. Compensation; Billing. The City shall compensate Contractor $5,346.52 per month for Services performed. Contractor shall submit monthly invoices to the City that describe in sufficient detail the Services rendered. Invoices ("Invoices") shall be submitted to the City Council for approval at the first City Council meeting following receipt. The City shall pay Contractor within thirty-five (35) days after each Invoice is approved. 3. Term. The initial term of this Agreement shall commence on January 1, 2020 and continue through December 31, 2020, unless earlier terminated pursuant to the provisions of this Agreement. The Parties may extend this Agreement for up to four(4) additional one-year periods by mutual written agreement at least ninety (90) days prior to expiration of the then-current term. 4. Termination. Either Party may terminate this Agreement by giving ninety (90) days' prior written notice to the other Party. In the event of termination of this Agreement, Contractor shall cease its provision of Services and the City shall pay to Contractor all undisputed amounts due for Services provided by Contractor prior to the date of termination. 5. Ownership; Assumption of Risks. All equipment owned by Contractor and brought to the Locations shall remain the property of the Contractor. Contractor assumes all risk of loss or damage of Contractor's equipment at the Locations,including any loss or damage caused by water leakage, fire, explosion, theft, vandalism, or any other cause. 6. Independent Contractor Relationship. The City and Contractor agree that Contractor is an independent contractor and not an employee of the City. Contractor shall retain the sole and exclusive right to control the manner and means by which the Services are performed under this Agreement. Contractor shall be solely and entirely responsible for its acts and for the acts of its employees, agents, and subcontractors in connection with its provision of Services. Contractor shall be responsible for the compensation and benefits of Contractor's employees and for payment of all federal, state and local taxes payable with respect to any amounts paid to Contractor under this Agreement. No payroll or employment taxes of any kind shall be withheld or paid by the City with respect to payments to Contractor, including but not limited to, FICA, FUTA, federal and state personal income tax, state disability insurance tax and state unemployment tax. Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. 7. Background Checks. All of Contractor's employees and independent contractors having access to City facilities shall submit to a background check conducted by the City of Golden Valley Police Department and must wear ID badges and company uniforms while working on City property. All background checks shall be completed prior to granting access to City facilities. 8. Compliance with Applicable Laws; Representations; Performance. Contractor shall comply with all applicable federal, state, and local laws,rules,regulations, codes, ordinances and orders. Contractor represents that it has in effect, and shall maintain in effect, all permits, licenses, and other authorizations necessary for its provision of the Services. Contractor is not aware of any fact or circumstance that would prevent Contractor from performing in accordance with this Agreement. Contractor represents and warrants that Contractor has the requisite training, skills, and experience necessary to provide the Services contemplated by this Agreement and that the Services will be performed using personnel, equipment, and material qualified and suitable to perform the Services requested. Contractor will perform its obligations hereunder with reasonable care and skill, in a diligent and professional manner and in accordance with accepted professional practices and industry standards. 9. Insurance. Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: a. General Liability. Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises, operations,products-completed operations,personal injury, advertising injury, and contractually assumed liability. The City shall be endorsed as additional insured on all relevant insurance policies obtained by Contractor. b. Automobile Liability. Contractor shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles,with a minimum liability limit of$1,000,000 combined single limit. C. Workers' Compensation. Contractor agrees to provide workers' compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. Contractor shall also carry employers liability coverage with minimum limits are as follows: $500,000 — Bodily Injury by Disease per employee; $500,000 — Bodily Injury by Disease aggregate; and $500,000—Bodily Injury by Accident. Prior to commencing the Services, Contractor shall deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. Contractor's policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor's performance under this Agreement. Contractor's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. 10. Indemnification. Contractor agrees to defend, indemnify and hold harmless the City, its elected officials, officers, employees and/or agents from any liability, claims, demands, suits, penalties, personal injury,judgments and/or costs of any kind whatsoever, arising out of, or in any way resulting from, the acts or omissions of Contractor, its officers, employees and agents, with respect to Contractor's provision of Services or any breach of this Agreement by Contractor. Defense of any action or proceeding shall be at the expense of the Contractor by counsel reasonably satisfactory to the City. The provisions of this Section 10 shall survive termination of this Agreement. 11. Notices. All notices and other communications provided for in this Agreement shall be in writing and delivered in person, by electronic delivery with receipt confirmed, or deposited in the United States mail, first class postage prepaid, addressed as follows: City of Golden Valley: Tim Kieffer, Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Contractor: Jani-King of Minnesota, Inc. 5930 Shingle Creek Parkway Brooklyn Center, MN 55430 12. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. 13. Entire Agreement. This Agreement,together with the terms of the RFP,constitute the entire agreement between the Parties concerning the subject matter herein and shall replace and supersede any and all other previous oral or written agreements between the Parties on that subject matter. In the event that the terms of this Agreement conflict with the terms of the RFP, the terms of this Agreement shall control. 14. Amendment. This Agreement may be modified only by a written amendment signed by the Parties. 15. Assignment. The Parties may not transfer or assign this Agreement or any of their rights or obligations hereunder without the prior written consent of the other Party.This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective permitted successors and assigns. 16. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute a single Agreement. 17. Governing Law; Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Any action to enforce any provision of this Agreement shall be commenced in the Hennepin County District Court, Fourth Judicial District in Minnesota. 18. Government Data/Privacy. Contractor shall abide by the applicable provisions of the Minnesota Government Data Practices Act,Minnesota Statutes, chapter 13 (the"Act"), and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. Contractor understands that all of the data created, collected, received, stored, used,maintained, or disseminated by Contractor in performing those functions that the City would perform is subject to the requirements of the Act, and Contractor must comply with those requirements as if it were a government entity. This does not create a duty on the part of Contractor to provide the public with access to public data if the public data is available from the City, except as required by the terms of this Agreement. 19. Nondiscrimination. In the hiring of employees to perform work under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. 20. Waiver. The waiver by either Party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. [Signature Page to Follow] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first stated above. CITY OF GOLDEN VALLEY Y. Shepard M. Farris Its: Mayor BATi J. Cruikshank Its: City Manager JANI-KING OF MINNESOTA, INC. By: , Ydr Bit' Its: [Signature Page to Custodial Services Agreement between City UfGolden Valley and Jani-King o f Minnesota, Inc.] SCHEDULE A SERVICES AND LOCATIONS City Hall—7800 Golden Valley Road, Golden Valley, MN 55427 Contractor shall provide the Services in the table below at City Hall Monday through Friday after 5:00 pm. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. 0"F f T VR ORNMR OFF A SToct FlFU,W—E t1EPA04TLENT FPJWA[4 t..�•:r,'s" lttTERN.' nl.+whONC RES COUHC L CFKUW" (MBRAL +iLaCB a ca ►,sSr WSPL a . O t xV.v.4 R "A TOR .. E114 w:s7 d. T OFFCE ^ r . . M4FERENCE City Hall Upper Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned c JLT v ILL FFI 9_ r I 4 City Hall Lower Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Kitchens(2)&Lunchrooms(1) AILY WEEKLY MONTHLY Empty trash receptacles,replace liners X Remove trash to designated areas X Spot clean walls,appliances,light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven,microwave&trash receptacles X Conference Rooms(5)&Council Chamber(1 DAILY WEEKLY MONTHLY Empty wastebaskets X Spot clean walls,light switches and doors X Spot clean and vacuum all carpeted floors X Wipe down table tops X Dust furniture,fixtures,equipment and accessories X Dust all surfaces,furniture,and ledges within reach X Vacuum edges and corners using tank vacuum X Clean all ceiling vents X Dust surfaces above normal reach,including sills, ledges,moldings,shelves, X door frames,pictures and wall vents Elevators(2 DAILY WEEKLY MONTHLY Vacuum and spot clean carpeted floors X Clean and polish elevator brightwork X Vacuum edges and corners using tank vacuum X Detail clean elevator tracks removing visible soil,polish as needed X :, rx General Offices(5 Non-Public Are DAILY WEEKLY MONTHLY Empty wastebaskets and remove trash to designated areas X Empty recycling containers and remove recyclables to designated areas X Spot clean partition and door glass X Spot clean walls,light switches,doors and kick plates X Vacuum carpeted floors X Dust all furniture,fixtures,equipment and accessories X Dust all surfaces including furniture tops,ledges and blinds within normal X reach Spot clean carpeted areas X Dust all surfaces above normal reach including sill,ledges,moldings, X shelves,door frames,pictures and wall vents Vacuum edges and corners using tank vacuum X All doors to be kept free of dirt and oil buildup at knobs, push plates and X handle areas Feather dust and wipe down art work X H flw s.2,.Publia,and. iirwa s ZPublic) DAILY WEEKLY MONTHLY Clean all furniture,fixtures,equipment,and accessories X Dust all surfaces including furniture tops,railings and ledges within normal X reach Spot clean glass partitions and door glass X Spot clean walls,light switches and doors X Dust mop open areas X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X J ets(2) DAILY WEEKLY MONTHLY Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SIDS Sheet and Cleaning Log Book X Main Lobby and Entry Vestibules;.= DAILY WEEKLY MONTHLY Empty wastebaskets and remove trash and recycling to designated areas X Dust high and low surfaces within reach X Spot clean glass partitions and glass door X Spot clean furniture,walls,switches and doors X Clean and polish all metal brightwork X Vacuum and spot clean all carpeted floors X Vacuum walk-off mats X Dust and damp mop all hard surface floors X Extract walk-off mats during winter months X Extract inlay and walk-off mats during summer months X Vacuum edges and corners X Remove and vacuum below tread mats X Dust and spot clean furniture,fixtures,equipment and accessories X Clean all ceiling wall vents and cold air returns X Machine scrub hard surface floors Bi-Monthly Clean both sides of all glass doors and wipe frames X Dust rails and ledges,spot clean walls,sweep and damp mop stairwells X Clean stairwell glass X Dust high level ledges,sills X Other Entry Vestibules(3)and Mud Rom DAILY WEEKLY MONTHLY Dust all surfaces including furniture tops and ledges within normal reach X Spot clean windows,partitions and glass doors X Wipe non-glass doors and kick plates X Vacuum mats X Dust and wet mop all hard surface floors X Extract inlay and walk-off mats in winter months X Office Work Stations(45 Workstations) DAILY WEEKLY MONTHLY Empty wastebaskets and remove trash to designated areas X Empty recycling containers and remove recyclables to designated areas X Vacuum carpeted floors X Dust all furniture,fixtures,equipment and accessories X Dust all surfaces,furniture,and ledges within reach X Vacuum edges and corners using tank vacuum X Damp mop plastic carpet savers under desk chairs X Restrooms(6) DAILY WEEKLY MONTHLY Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Dust and spot clean all surfaces to include: dispensers,partitions,walls and X doors Clean and sanitize all sinks,counter tops tile walls and partitions X Clean,polish all metal brightwork X Sweep,mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant X Wash partitions on both sides using disinfectant X Clean all ceiling vents X Tile Floor Care(Approximately 900 SF on Lower Level) FREQUENCY Strip and Wax ANNUALLY Vehicle Maintenance Building—7730 Golden Valley Road, Golden Valley, MN 55427 Contractor shall provide the Services in the table below at the Vehicle Maintenance Building Monday through Friday after 3:30 pm. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. 64EC�+. CUPARN OFFICE SJUR:rA€ RD OFFICE C}M Vehicle Maintenance Upper Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned LrULK FLUID !MACai`iE ST.'.!. lily.SItL—Pr +J1,+.K AR.Pk .JF PARTS S'f�RAGE fJFFI t wrn Vehicle Maintenance Lower Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Kitchen Areas(2)&Lunchroom(1) DAILY WEEKLY MONTHLY Empty trash receptacles,replace liners X Remove trash to designated areas X Spot clean walls,appliances,light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven,microwave&trash receptacles X Offices(3),Mezzanine, and Stairway DAILY WEEKLY MONTHLY Clean all furniture,fixtures,equipment and accessories X Dust all surfaces,furniture,railings and ledges within reach X Spot clean glass partitions and door glass X Spot clean walls,light switches and doors X Dust mop open areas X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X Janitor Closet DAILY WEEKLY MONTHLY Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SDS Sheet and Cleaning Log Book X Restrooms(3)/Locker Rooms(2)/Showers(2) DAILY WEEKLY MONTHLY Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Spot clean all surfaces,dispensers,walls and doors X Sanitize all sinks,counter tops,tile walls and partitions X Clean,polish all metal brightwork X Sweep,mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant EVERY OTHER MONTH Wash partitions on both sides using disinfectant X 1 Tile Floor Care FREQUENCY ti Strip and Wax ANNUALLY Utility Maintenance Building—7720 Golden Valley Road, Golden Valley, MN 55427 Contractor shall provide the Services in the table below at the Utilities Maintenance Building Monday through Friday after 3:30 pm. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. MEEK o. a w , t Upper Level EvHN"ri. .1 'aILT;T WASH BAY STORAGE I CiNRAM "`n.TS STiiti7. . Lower Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Kitchen Area(1)&Lunchrooms(1) DAILY WEEKLY MONTHLY Empty trash receptacles,replace liners X Remove trash to designated areas X Spot clean walls,appliances,light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven,microwave&trash receptacles X Offices(3),Hallway,Stairway,and Entryway,, DAILY WEEKLY MONTHLY Clean all furniture,fixtures,equipment and accessories X Dust all surfaces,furniture,railings and ledges within reach X Spot clean glass partitions and door glass X Spot clean walls,light switches and doors X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X Janitor Closex,,. V DAILY WEEKLY MONTHLY Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SDS Sheet and Cleaning Log Book X Restrooms(1)/Locker Rooms(2)/Showers(1) DAILY WEEKLY MONTHLY Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Spot clean all surfaces,dispensers,walls and doors X Sanitize all sinks,counter tops,tile walls and partitions X Clean,polish all metal brightwork X Sweep,mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant EVERY OTHER MONTH Wash partitions on both sides using disinfectant X Tile Floor Care FREQUENCY Strip and Wax ANNUALLY Park Maintenance Building—7708 Golden Valley Road, Golden Valley, MN 55427 Street Maintenance Building—7710 Golden Valley Road, Golden Valley, MN 55427 Contractor shall provide the Services in the table below at the Parks and Streets Maintenance Buildings Monday through Friday after 3:30 pm.The City may modify the Services and the times during which they are provided in its sole discretion and at any time. 1 4 YJ AL'FFIt�'"III�•. .� .... c 1 !.ar'1�9f1. 'eT Sfriaat Upper Level [ f T= STORAGE SMw CARFE.IR,SWP NABwlI�+.Y ,�•uEGH nWuc++�iA+ +SAR46E W11PAR —Z LII Lower Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Kitchen Area(1)&Lunchrooms(1) DAILY WEEKLY MONTHLY Empty trash receptacles,replace liners X Remove trash to designated areas X Spot clean walls,appliances,light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven,microwave&trash receptacles X Offices(2),Storeroom(1),and Stairway DAILY WEEKLY MONTHLY Clean all furniture,fixtures,equipment and accessories X Dust all surfaces,furniture,railings and ledges within reach X Spot clean glass partitions and door glass X Spot clean walls,light switches and doors X Dust mop open areas X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X Janitor Closet DAILY WEEKLY MONTHLY Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SDS Sheet and Cleaning Log Book X Restrooms(2)/Locker Rooms(1)/Showers(1) DAILY WEEKLY MONTHLY Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Spot clean all surfaces,dispensers,walls and doors X Sanitize all sinks,counter tops,tile walls and partitions X Clean,polish all metal brightwork X Sweep,mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant EVERY OTHER MONTH Wash partitions on both sides using disinfectant X Tile Floor Cap FREQUENCY Strip and Wax ANNUALLY Public Safety Building—7700 Golden Valley Road, Golden Valley, MN 55427 Contractor shall provide the Services in the table below at the Public Safety Building Monday through Saturday after 5:00 pm. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. _ L ----- ------ ASIPARATUS I Rt= I I I 7 a I r F I I 4- ry STORAGEI 6,9'F7[;E �� cTl�fLx., 7a _— LL^hrN - LAYCuuw Loom S _C}FF9CF�r" .FACE ALE. PCL= OEM" DIPLECTCR li®I srcx�rGe OFFICE FKL�CALL CLST, ' ! __.__... OP&N QFFICy ComF L. r C rFCE CIFF9CE RECORD —'—� -m �RT7$OC C hfw[Sn' gTppq, ri o: S. SGTS. RS 7a INWL IPo4T. SEILvbx I L CFFtF Q35w 1� SIlJYP�IRT hL 3. a1 OTcw CiINEr l.a JLA - E:7yCING CRA.. C$L SCT � L RR@+E�JT14N I r,ILFJ FfCkUM - Public Safety Upper Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned e t.,w I r,1 fJ 6 �4SF 0. 10 J, ._.. It I FFt,F�J�JIt�G � a ak_" w _ OFF, Y. F ®���— L. Public Safety Lower Level Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Coffee Stations(_),Kitchens(2),Lunchrooms(2) DAILY WEEKLY MONTHLY Empty trash receptacles,replace liners X Remove trash to designated areas X Spot clean walls,appliances,light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven,microwave&trash receptacles X Conference Rooms(_) DAILY WEEKLY MONTHLY Empty wastebaskets X Spot clean walls,light switches and doors X Spot clean and vacuum all carpeted floors X Wipe down table tops X Dust furniture,fixtures,equipment,and accessories X Dust all surfaces,furniture,railings and ledges within reach X Vacuum edges and corners using tank vacuum X Clean all ceiling vents X Dust surfaces above normal reach,including sills, ledges,moldings,shelves, X door frames,pictures and wall vents Elevator(1)' DAILY WEEKLY MONTHLY Vacuum and spot clean carpeted floors X Clean and polish elevator brightwork X Vacuum edges and corners using tank vacuum X Clean elevator tracks removing visible soil;polish X Exterior Entrance Services, DAILY WEEKLY MONTHLY Empty waste and remove trash and recycling X 0 Common Ares DAILY WEEKLY MONTHLY Empty wastebaskets and remove trash X Empty recycling containers and remove recyclables X Spot clean partition and door glass X Spot clean walls,light switches,doors and kick plates X Vacuum carpeted floors X Dust all furniture,fixtures,equipment and accessories X Dust all surfaces,furniture,ledges and blinds within reach X Spot clean carpeted areas X Dust all surfaces above normal reach including sill,ledges,moldings, X shelves,door frames,pictures and wall vents Vacuum edges and corners using tank vacuum X All doors to be kept free of dirt and oil buildup at knobs,push plates and X handle areas Feather dust and wipe down art work X Hallways and Stairways DAILY WEEKLY MONTHLY Clean all furniture,fixtures,equipment,and accessories X Dust all surfaces,furniture,railings and ledges within reach X Spot clean glass partitions and door glass X Spot clean walls,light switches and doors X Dust mop open areas X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X Janitor Closet DAILY WEEKLY MONTHLY AQAUIUAMI Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SIDS Sheets and Cleaning Log Book X Lobby and Entry Vestibules DAILY WEEKLY MONTHLY Empty wastebaskets and remove trash and recycling to designated areas X Dust high and low surfaces within reach X Spot clean glass partitions and glass door X Spot clean furniture,walls,switches and doors X Clean and polish all metal brightwork X Vacuum and spot clean all carpeted floors X Vacuum walk-off mats X Dust and damp mop all hard surface floors X Extract walk-off mats during winter months X Extract inlay and walk-off mats during summer months X Vacuum edges and corners X Remove and vacuum below tread mats X Dust and spot clean furniture,fixtures,equipment and accessories X Clean all ceiling wall vents and cold air returns X Machine scrub hard surface floors BI-MONTHLY Clean both sides of all glass doors and wipe frames X Dust rails and ledges,spot clean walls,sweep and damp mop stairwells X Clean stairwell glass X Dust high level ledges,sills X Office Work Stations WEEKLY MONTHLY Empty wastebaskets and remove trash to designated areas X Empty recycling containers and remove recyclables to designated areas X Vacuum carpeted floors X Dust all furniture,fixtures,equipment and accessories X Dust all surfaces including furniture tops and ledges within normal reach X Vacuum edges and corners using tank vacuum X Damp mop plastic carpet savers under desk chairs X 0 Restrooms/Locker Rooms/Showers DAILY WEEKLY MONTHLY Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Dust and spot clean all surfaces to include: dispensers,partitions,walls and X doors Clean and sanitize all showers,sinks,counter tops tile walls and partitions X Clean,polish all metal brightwork X Sweep,mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant EVERY OTHER MONTH Wash partitions on both sides using disinfectant X Clean all ceiling vents X Public I ; 2� ad Car Garages(11 Stalls) DAILY WEEKLY MONTHLY Broom clean and empty trash receptacles X Tile Floor Care FREQUENCY Strip and Wax ANNUALLY Fire Station 2—400 Turners Crossroads South, Golden Valley, MN 55416 Fire Station 3—3700 Golden Valley Road, Golden Valley, MN 55422 Contractor shall provide the Services in the table below at Fire Station No. 2 and Fire Station No. 3 three times per week on weekdays during the mid-afternoon. The City may modify the Services and the times during which they are provided in its sole discretion and at any time. C' DXI r J; Fire Station 2 Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned T NLF T&LLET LSHIU..,R lF.N LuCKER GUGLi i ELs'.; ItITGM�I e e e e 67c� Y , 1 e J Fri RI VESUIBtILE CFFCE Fire Station 3 Tile Rubber Matting VCT Mop Sink Non-Slip Flooring Areas Not Cleaned Kitchens and Lunchrooms 3 TIMES PER WEEKLY MONTHLY -.m., ., ., .,-. ., ., ., ., WEEK Empty trash receptacles,replace liners X Remove trash to designated areas X Spot clean walls,appliances,light switches and doors X Clean and disinfect counter tops and sinks X Clean sides of counters and trash receptacles X Clean interior of oven,microwave&trash receptacles X Conference Rooms 2-3 TIMES PER WEEKLY MONTHLY WEEK Empty wastebaskets X Spot clean walls,light switches and doors X Spot clean and vacuum all carpeted floors X Wipe down table tops X Dust furniture,fixtures,equipment,and accessories X Dust all surfaces,furniture,railings and ledges within reach X Vacuum edges and corners using tank vacuum X Clean all ceiling vents X Dust surfaces above normal reach,including sills,ledges,moldings,shelves, X door frames,pictures and wall vents WkwWw Exterior Entrance Services 2-3 TIMES PERWEEK WEEKLY MONTHLY Empty waste and remove trash and recycling to designated areas X General Offices 2-3 TIMES PER WEEKLY MONTHLY WEEK Empty wastebaskets and remove trash to designated areas X Empty recycling containers and remove recyclables to designated areas X Spot clean partition and door glass X Spot clean walls,light switches,doors and kick plates X Vacuum carpeted floors X Dust all furniture,fixtures,equipment and accessories X Dust all surfaces,furniture,ledges and blinds within reach X Spot clean carpeted areas X Dust all surfaces above normal reach including sill,ledges,moldings, X shelves,door frames,pictures and wall vents Vacuum edges and corners using tank vacuum X All doors to be kept free of dirt and oil buildup at knobs, push plates and X handle areas Feather dust and wipe down art work X 2-3 TIMES PER Hallways WEEK WEEKLY MONTHLY Clean all furniture,fixtures,equipment,and accessories X Dust all surfaces,furniture,railings and ledges within reach X Spot clean glass partitions and door glass X Spot clean walls,light switches and doors X Dust mop open areas X Dust and wet mop all hard surface floors X Vacuum and spot clean carpeted floors X Clean all ceiling vents X Empty waste baskets and remove trash X Janitor Closet 2-3 TIMES PER WEEKLY MONTHLY WEEK Clean and arrange all equipment X Empty vacuum cleaner bags X Maintain and update SDS Sheets and Cleaning Log Book X 2-3 TIMES PER Lobby and Entry Vestibules WEEK WEEKLY MONTHLY Empty wastebaskets and remove trash and recycling to designated areas X Dust high and low surfaces within reach X Spot clean glass partitions and glass door X Spot clean furniture,walls,switches and doors X Clean and polish all metal brightwork X Vacuum and spot clean all carpeted floors X Vacuum walk-off mats X Dust and damp mop all hard surface floors X Extract walk-off mats during winter months X Extract inlay and walk-off mats during summer months X Vacuum edges and corners X Remove and vacuum below tread mats X Dust and spot clean furniture,fixtures,equipment and accessories X Clean all ceiling wall vents and cold air returns X Machine scrub hard surface floors X Clean both sides of all glass doors and wipe frames X Dust rails and ledges,spot clean walls,sweep and damp mop stairwells X Clean stairwell glass X Dust high level ledges,sills X Work Stations 2-3 TIMES PER WEEKLY MONTHLY WEEK Empty wastebaskets and remove trash to designated areas X Empty recycling containers and remove recyclables to designated areas X Vacuum carpeted floors X Dust all furniture,fixtures,equipment and accessories X Dust all surfaces including furniture tops and ledges within normal reach X Vacuum edges and corners using tank vacuum X Damp mop plastic carpet savers under desk chairs X Restrooms/Locker Rooms/Showers 2-3 TIMES PER WEEKLY MONTHLY WEEK Clean drinking fountains X Clean and sanitize all fixtures X Clean ceiling fan vents X Inspect and fill dispensers X Empty waste receptacles X Damp wipe all waste receptacles with a disinfectant X Clean and polish mirrors X Dust and spot clean all surfaces to include: dispensers,partitions,walls and X doors Clean and sanitize all showers,sinks,counter tops tile walls and partitions X Clean,polish all metal brightwork X Sweep,mop and disinfect all floors X Replace paper products X Machine scrub floors using germicidal disinfectant EVERY OTHER MONTH Wash partitions on both sides using disinfectant X Clean all ceiling vents X 0 F AC RE) CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DDlYYYY) L..� 6/1/2020 5/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES CONTACT NAME: 2100 ROSS AVENUE,SUITE 1400 PHONE FAX IA/C.No Ez AIC No: DALLAS TX 75201 E-MAIL 214-969-6700 ADDRESS: INSURERIS AFFORDING COVERAGE NAIC# INSURER A:Liberty Mutual Fire insurance Company 23035 INSURFO JANI-ICING INTERNATIONAL,INC. INSURER B:The Continental Insurance Cornpany 35289 1303446 JANI-KING LEASING CORPORATION INSURER c:Great American insurance Company 16691 JANI-KING FRANCHISING,INC. INSURER D:Employers Insurance Company of Wausau 21458 JANI-KING,INC.AND ITS SUBSIDIARIES INSURER E: 16885 DALLAS PARKWAY INSURER F: COVERAGES CERTIFICATE NUMBER: 15122871 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MMIOOIYYYY MMIDWYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 -DAMAGE TO A X Y N TB2-695-450953-219 G/112019 6/1/2020 CLAIMS-MADE 51 OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 25,000,000 X POLICY❑jE LOC PRODUCTS-COMPIOP AGG $ 2 00a 000 OTHER: $ A AUTOMOBILE LIABILITY Y N AS2-691-438428-019 6/1/2019 6/1/2020 (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY{Per accident) $ XXXXXXX HIREDL NON-OWNED PROPERTY DA $ XXXXXXX MAGE AUTOS ONLY AUTOS ONLY Per accident $ XXXXXXX S X UMBRELLA LIAB OCCUR Y N CUE6011338559 6/1/20I9 6/1/2020 EACH OCCURRENCE $ 25,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,000 DIED I RETENTION$ $ XXXXXXX WORKERS COMPENSATION Iy 7 X STATUTE ERH D AND EMPLOYERS'LIABILITY YIN WCC-695-456062-899 6/1/2019 6/1/2020 ANY PROPRIETORIPARTNERIEXECUTI— E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N N 1 A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1,000,000 C BLANKET EMP N N SAA024-90-47-0700 6/1/2019 6/1/2020 $2,000,000 Each Occurmee DISHONESTY DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space Is required) RE:JANI-KING OF MINNESOTA,INC.(MINNEAPOLIS REGION),5930 SHINGLE CREEK PARKWAY,BROOKLYN CENTER,MN 55430. CERTIFICATE HOLDER CANCELLATION See Attachments 15122871 CITY OF GOLDEN VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7800 GOLDEN VALLEY ROAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN GOLDEN VALLEY MN 55427 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD SECOND AMENDMENT TO CUSTODIAL SERVICES AGREEMENT BETWEEN CITY OF GOLDEN VALLEY& L&S SERVICE SOLUTIONS L.L.C., DBA STRATUS BUILDING SOLUTIONS. THIS FIRST AMENDMENT TO CUSTODIAL AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY & L&S SERVICE SOLUTIONS L.L.C., DBA STRATUS BUILDING SOLUTIONS ("First Amendment") is made effective as of October 1, 2020 (the "Amendment Effective Date") by and between the City of Golden Valley(the"City") and L&S Service Solutions L.L.C., dba Stratus Building Solutions. (the"Contractor"). WHEREAS, the City and Contractor are parties to an Agreement for Custodial Services to provide cleaning services to Brookview, Golf Maintenance, and Park Buildings, effective January 1, 2020 (the "Agreement"); and WHEREAS,the parties desire to modify the Agreement as provided herein; and WHEREAS, under the terms of the Agreement, upon the mutual written agreement of the City and Contractor,the terms of the Agreement may be modified; and WHEREAS,the parties wish to amend the Agreement as set forth below. NOW THEREFORE, 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. The term of the Agreement shall be extended and the Agreement shall continue in effect until December 31, 2021. 3. The following new paragraphs shall be added to the Agreement after paragraph 20 21. Temporary Changes to the Services and Compensation. Due to the COVID-19 pandemic and to protect the public health, the parties agree to temporarily modify the services and compensation as follows. The Services listed in the table below shall be collectively referred to herein as the "Temporary Services." Brookview • Contactor shall provide the services listed in the table below $980/month Golden Valley daily on Saturday and Sunday between the time of 1:00 p.m.—5:00 p.m. The City will provide disinfectant cleaning chemicals and a floor scrubber for these services. Restrooms, Locker Rooms,Showers Daily Weekly Monthly Clean all door handles and doors X Clean walls, light switches,windows, and doors X Clean drinking fountains X Page 1 of 3 Clean and sanitize all bathroom fixtures, toilets and X showers Empty waste receptacles, clean all waste X receptacles, and inspect and fill dispensers Clean and polish mirrors X Clean toilet partitions,walls, and doors X Clean and sanitize all sinks, countertops, and tile X walls Sweep, clean and mop all floors X Replace paper products X Clean all locker surfaces and handles X Elevator Daily Weekly Monthly Vacuum and spot clean carpeted floors X Clean all elevator buttons, railings, and brightwork X Clean elevator doors inside and out X Hallways and Stairways Daily Weekly Monthly Clean all furniture,fixtures, horizontal surfaces, and X accessories Clean glass partitions, door glass, and door handles X Spot clean walls, railings, and all light switches X Wet mop all hard surface floors X Vacuum and spot clean all carpeted floors X Clean drinking fountains X Main Entrance, Lobby, and Entry Vestibules Daily Weekly Monthly Empty wastebaskets and remove trash and recycling X Clean entry doors, door glass, and all door handles X Clean furniture, spot clean walls, and all light X switches Vacuum and spot clean all carpeted floors X Vacuum walk-off mats X Damp mop all hard surface floors X Clean all horizontal touch surfaces X 22. Disclaimer or Warranty for Contagions. Contractor does not warrant or represent that the Temporary Services will prevent any person from becoming sick or contracting any infection or disease, and the City waives all claims that may arise against Contractor related to a person becoming sick or contracting any infection or disease in connection with the Temporary Services. 23. Termination of Temporary Services. The Temporary Services shall continue until terminated by the City. Upon such termination, the Services (as defined in the Agreement)shall resume and the City shall compensate the Contractor according to the fee schedule in the Agreement. The City shall provide 5 days' notice to Contractor of termination of the Temporary Services. 4. Ratification. Except as specifically provided in this Second Amendment, each and every provision of the Agreement, as amended through the date hereof, remains, and is, in all respects, in full force and Page 2 of 3 effect. In the event of a conflict between this Second Amendment and the Agreement, as amended, the terms of this Second Amendment shall control. 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 and 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. L&S SERVICE SOLUTIONS L.L.C., DBA STRATUS BUILDING CITY OF GOLDEN VALLEY, SOLUTIONS A MINNESOTA MUNICIPAL CORPORATION By: By Shepard M. Harris, Mayor Print Name: Eric Husemann Title: Regional Sales Manager By TimothyJ. Cruikshank, City Manager Page 3 of 3 THIS CUSTODIAL SERVICES AGREEMENT FOR BROOKVIEW, GOLF MAINTENANCE, AND PARK BUILDINGS (the "Agreement") is made and entered by and between Stratus Building Solutions ("Contractor") and the City of Golden Valley (the "City") (collectively the"Parties"and individually a"Party"). RECITALS WHEREAS,the City desires to engage a contractor to provide custodial services at certain City-owned locations; WHEREAS,the City issued a Request for Proposals for Custodial Services (the "RFP"), for the purpose of soliciting proposals for the provision of custodial services at the City-owned locations; WHEREAS, Contractor submitted a Proposal to provide custodial services; and WHEREAS, the City wishes to retain Contractor to provide custodial services at certain City-owned locations, and Contractor is willing to undertake such responsibilities, on the terms and subject to the conditions set forth herein. AGREEMENT NOW,THEREFORE,the parties agree as follows: 1. Locations; Services; Access; Modification. Contractor shall provide the services ("Services")at the locations("Locations") described on the attached Schedule A. The City may, in its role discretion and at any time,modify the Services and the time for performance. The City shall provide Contractor with reasonable access to the Locations so that Contractor may perform its obligations under this Agreement. Except as otherwise indicated in Schedule A, Contractor shall provide all equipment and cleaning products necessary to perform its obligations under this Agreement. The City shall provide certain disposable products, including paper towels, toilet paper,soap,and liners,for Contractor's use for restocking.Contractor's staff shall,if requested by the City,wear City IDs and/or uniforms while performing the Services. 2. Compensation;Billing:. The City shall compensate Contractor in accordance with the payment terms detailded on the attached Schedule B.Contractor shall submit monthly invoices to the City that describe in sufficient detail the Services rendered. Invoices ("Invoices") shall be submitted to the City Council for approval at the first City Council meeting following receipt. The City shall pay Contractor within thirty-five(3 5)days after each Invoice is approved. 3. Term. The initial term of this Agreement shall commence on January 1,2020 and continue through December 31, 2020,unless earlier terminated pursuant to the provisions of this Agreement. The Parties may extend this Agreement for up to four(4)additional one-year periods by mutual written agreement at least ninety(90)days prior to expiration of the then-current term. 4. Termination. Either Party may terminate this Agreement by giving ninety (90) days' prior written notice to the other Party. In the event of terminatiosi of this Agreement, Contractor shall cease its provision of Services and the City shall pay to Contractor all undisputed amounts due for Services provided by Contractor prior to the date of termination. 5. Ownership; Assumption of Risks. All equipment owned by Contractor and brought to the Locations shall remain the property of the Contractor. Contractor assumes all risk of loss or damage of Contractor's equipment at the Locations,including any loss or damage caused by water leakage, fire, explosion,theft,vandalism,or any other cause. 6. Independent Contractor Relationship. The City and Contractor agree that Contractor is an independent contractor and not an employee of the City. Contractor shall retain the sole and exclusive right to control the manner and means by which the Services are performed under this Agreement. Contractor shall be solely and entirely responsible for its acts and for the acts of its employees, agents, and subcontractors in connection with its provision of Services. Contractor shall be responsible for the compensation and benefits of Contractor's employees and for payment of all federal, state and local taxes payable with respect to any amounts paid to Contractor under this Agreement. No payroll or employment taxes of any kind shall be withheld or paid by the City with respect to payments to Contractor, including but not limited to, FICA, FUTA, federal and state personal income tax, state disability insurance tax and state unemployment tax. Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers' compensation benefits, unemployment compensation,disability, severance pay,or retirement benefits. 7. Background Checks.All of Contractor's employees and independent contractors having access to City facilities shall submit to a background check conducted by the City of Golden Valley Police Department and must wear ID badges and company uniforms while working on City property.All background checks shall be completed prior to granting access to City facilities. 8. Compliance with Applicable Laws;Representations,Performance. Contractor shall comply with all applicable federal,state,and local laws,rules,regulations,codes,ordinances and orders. Contractor represents that it has in effect, and shall maintain in effect, all permits, licenses, and other authorizations necessary for its provision of the Services. Contractor is not aware of any fact or circumstance that would prevent Contractor from performing in accordance with this Agreement.Contractor represents and warrants that Contractor has the requisite training, skills, and experience necessary to provide the Services contemplated by this Agreement and that the Services will be performed using personnel, equipment, and material qualified and suitable to perform the Services requested. Contractor will perform its obligations hereunder with reasonable care and skill,in a diligent and professional manner and in accordance with accepted professional practices and industry standards. 9. Insurance. Contractor, at its expense, shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: a. General Liability. Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy shall cover liability arising from premises,operations,products-completed operations,personal injury, advertising injury,and contractually assumed liability. The City shall be endorsed as additional insured on all relevant insurance policies obtained by Contractor. b. Automobile Liability. Contractor shall maintain commercial automobile liability insurance,including owned,hired,and non-owned automobiles,with a minimum liability limit of$1,000,000 combined single limit. C. Workers' Compensation. Contractor agrees to provide workers' compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. Contractor shall also carry employers liability coverage with minimum limits are as follows: $500,000—Bodily Injury by Disease per employee; $500,000—Bodily Injury by Disease aggregate; and$500,000—Bodily Injury by Accident. Prior to commencing the Services, Contractor shall deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. Contractor's policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor's performance under this Agreement. Contractor's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty(30) days advanced written notice to the City. 10. Indemnification. Contractor agrees to defend, indemnify and hold harmless the City, its elected officials, officers, employees and/or agents from any liability, claims, demands, suits,penalties,personal injury,judgments and/or costs of any kind whatsoever, arising out of, or in any way resulting from,the acts or omissions of Contractor,its officers, employees and agents, with respect to Contractor's provision of Services or any breach of this Agreement by Contractor. Defense of any action or proceeding shall be at the expense of the Contractor by counsel reasonably satisfactory to the City. The provisions of this Section 10 shall survive termination of this Agreement. 11. Notices. All notices and other communications provided for in this Agreement shall be in writing and delivered in person, by electronic delivery with receipt confirmed, or deposited in the United States mail, first class postage prepaid, addressed as follows: City of Golden Valley: Greg Simmons,Park&Recreation City of Golden Valley 316 Brookview Parkway South Golden Valley,MN 55426 Contractor: Stratus Building Solutions 442 Hayward Avenue North Oakdale,MN 55128 12. Severability. If any provisions of this Agreement are declared invalid or unenforceable,the remainder of this Agreement shall continue in full force and effect. 13. Entire Au reement. This Agreement,together with the terms of the RFP,constitute the entire agreement between the Parties concerning the subject matter herein and shall replace and supersede any and all other previous oral or written agreements between the Parties on that subject matter. In the event that the terms of this Agreement conflict with the terms of the RFP, the terms of this Agreement shall control. 14. Amendment. This Agreement may be modified only by a written amendment signed by the Parties. 15. Assignment. The Parties may not transfer or assign this Agreement or any of their rights or obligations hereunder without the prior written consent of the other Party.This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective permitted successors and assigns. 16. Counterparts. This Agreement may be executed in any number of counterparts, all of which shall constitute a single Agreement. 17. Governing,Law; Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Any action to enforce any provision of this Agreement shall be commenced in the Hennepin County District Court,Fourth Judicial District in Minnesota. 18. Government Data/Privacy.Contractor shall abide by the applicable provisions of the Minnesota Government Data Practices Act,Minnesota Statutes,chapter 13 (the"Act"),and all other applicable state or federal rules, regulations, or orders pertaining to privacy or confidentiality. Contractor understands that all of the data created, collected, received, stored, used,maintained,or disseminated by Contractor in performing those functions that the City would perforii� is subject to the requirements of the Act, and Contractor must comply with those requirements as if it were a government entity. This does not create a duty on the part of Contractor to provide the public with access to public data if the public data is available from the City,except as required by the terms of this Agreement. 19. Nondiscrimination. In the hiring of employees to perform work under this Agreement,Contractor shall not discriminate against any person by reason of any characteristic or classification protected by state or federal law. 20. Waiver. The waiver by either Party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. [Signature Page to Follow J IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first stated above. CITY OF GOLDEN VALLEY e By: Shepard M.Harris Its: Mayor By. Timothy J.Crnikshank Its: City Manager STRATUS BUILDING SOLUTIONS ay: Its: [Signature Page to Custodial Services Agreement between City of Golden Valley and Stratus Building Solutions] SCHEDULE A SERVICES AND LOCATIONS Brookview—316 Brookview Parkway South,Golden Valley, MN 55426 Contractor shall provide the Services in the table below at Brookview daily Sunday through Thursday between 11:00 p.m.and 5:00 a.m.,and on Friday and Saturdays between 12:00 a.m.and 5:00 a.m. The City may modify the Services and the times during which they are provided in its sole discretion and at any time.The City will provide cleaning chemicals and a floor scrubber for this location. • �, 101,1—r L, i .. ,_.' ,�►mom - tit +•► �: rj WF IP •Mx' +{p F T e _ _)_ . Lower Level a Y t Upper Level a. Empty trash receptacles,replace liners,and remove trash X to designated areas b. Spot clean walls,appliances,light switches and doors X c. Clean and disinfect counter tops and sinks X d. Clean sides of counters and trash receptacles X e. Clean interior of oven,microwave&trash receptacles X f. Dust furniture,fixtures,equipment and accessories within X normal reach g. Vacuum edges and corners using tank vacuum X h. Clean all ceiling vents X i. Dust surfaces above normal reach,including sills,ledges, X moldings,shelves,door frames,pictures and wall vents a. Empty wastebaskets X b. Spot clean walls,light switches and doors X c. Spot clean and vacuum all carpeted floors X d. Wipe down tabletops X e. Dust furniture,fixtures,equipment and accessories within X normal reach f Vacuum edges and comers using tank vacuum X g. Clean all ceiling vents X h. Dust surfaces above normal reach,including sills,ledges, X moldings,shelves,door frames, pictures and wall vents M I a. Vacuum and spot clean carpeted floors X b. Clean and polish elevator brightwork X c. Vacuum edges and comers using tank vacuum X d. Detail clean elevator tracks removing visible soil,polish as X needed a. Clean all furniture,fixtures,equipment and accessories X b. Dust.all surfaces including furniture tops,railings and X ledges within normal reach c.Clean glass partitions and door glass 2 x per week d. Spot clean walls,light switches and doors X e. Dust mop open areas X f. Dust and wet mop all hard surface floors X g. Vacuum and spot clean carpeted floors X h. Clean all ceiling vents X i. Empty waste baskets and remove trash X j. Clean drinking fountains X a. Clean and arrange all equipment X b. Empty vacuum cleaner bags X c. Maintain MSDS Sheets and Cleaning Log Book X a. Empty wastebaskets and remove trash and recycling X b. Dust high and low surfaces within reach X c. Clean glass partitions and glass doors 2 x per week d. Clean furniture,walls,switches and doors X e. Clean and polish all metal brightwork X f. Vacuum and spot clean all carpeted floors X g. Vacuum walk-off mats X h. Dust and damp mop all hard surface floors X i. Vacuum edges and comers X j. Remove and vacuum below tread mats X k. Clean all ceiling wall vents and cold air returns X 1. Machine scrub hard surface floors X m. Dust rails and ledges,spot clean walls,sweep and damp X To)stairwells n. Clean stairwell glass 2 x per week o. Dust high level ledges,sills X p. Wipe non-glass doors and kick plates X a. Clean drinking fountains X b. Clean and sanitize all fixtures X c. Clean ceiling fan vents X d. Inspect and fill dispensers X e. Empty waste receptacles X f. Damp wipe all waste receptacles with a disinfectant X g. Clean and polish mirrors X h. Dust and spot clean all surfaces to include: dispensers, X partitions,walls and doors i. Clean and sanitize all sinks,counter tops tile walls and X partitions j. Clean,polish all metal brightwork X k. Sweep,mop and disinfect all floors X 1. Replace paper products X in.Machine scrub floors using germicidal disinfectant X n. Wash partitions on both sides using disinfectant X o.Clean and disinfect toilets X p.Clean and disinfect showers X q.Damp wipe and disinfect locker surfaces X No IN N1011d.11y a.Vacuum and spot clean carpet X b. Sweep and mop floors X c.Damp wipe and disinfect sufaces X d.Refill paper towels and soap dispenser X e.Wipe walls and window ledges X f.Clean and polish mirrors 2 x per week A lkyj"uncl Area - Riickyard 1rido or Play Ajv� a aii(l Parly Daily Wr:ekIN Molithl" a.Clean walkways X b.Empty trash X c.Clean windows and glass partitions 2 x per week d.Dust and wet mop floors in party rooms X e.Clean tables and countertops in party rooms X a. Empty wastebaskets X b. Spot clean walls,light switches and doors X c. Clean and vacuum all carpeted floors X d.Dust and wet mop all hard floors X e.Machine scrub hard floors X d. Dust furniture,fixtures,equipment and accessories within X normal reach g. Vacuum edges and comers using tank vacuum X I Clean all ceiling vents X i. Dust surfaces above normal reach,including sills,ledges, X moldings,shelves,door frames,pictures and wall vents _1 Golf Maintenance Building—101 Brookview Parkway,Golden Valley, MN 55426 Contractor shall provide the Services in the table below at the Golf Maintenance Building daily Monday through Friday between April 1st and October 31'%and Monday,Wednesday,and Friday between November I"and March 311 between 5:00 pm.—5:00 a.m.The City may modify the Services and the times during which they are provided in its sole discretion and at any time.The City will provide cleaning chemicals for this location. i I r si ; 1 j i # FI- rill ;..._.._ e_w a. Empty wastebaskets and remove trash to designated areas X b. Empty recycling containers and remove recyclables to X designated areas c. Vacuum carpeted floors X d. Dust all fiuniture,fixtures,equipment and accessories X e. Dust all surfaces including furniture tops and ledges within X normal reach f. Vacuum edges and corners using tank vacuum X g. Damp mop plastic carpet savers under desk chairs X a. Clean drinking fountains X b. Clean and sanitize all fixtures X c. Clean ceiling fan vents X d. Inspect and fill dispensers X e. Empty waste receptacles X f. Damp wipe all waste receptacles with a disinfectant X g. Clean and polish mirrors X h. Dust and spot clean all surfaces to include: dispensers, X partitions,walls and doors i. Clean and sanitize all sinks,counter tops tile walls and X -Partitions j. Clean,polish all metal brightwork X k. Sweep,mop and disinfect all floors X 1. Replace paper products X m.Machine scrub floors using germicidal disinfectant X n. Wash partitions on both sides using disinfectant X o. Clean all ceiling vents X a. Empty trash receptacles,replace liners X b. Remove trash to designated areas X c. Spot clean walls,appliances,light switches and doors X d. Clean and disinfect counter tops and sinks X e. Clean sides of counters and trash receptacles X f. Clean interior of oven,microwave&trash receptacles X g. Mop tile X Brookview Park Small Shelter&Tennis Building Bathrooms—300&401 Brookview Parkway North,Golden Valley, MN 55426 Contractor shall provide the Services in the table below at the Brookview Park Small Shelter and Tennis Building Bathrooms on an as-needed basis between May 1st and October 31st on Saturday and Sunday mornings before 11:00 AM and in the afternoons between 4:00 and 5:00 PM. The City may modify the Services and the times during which they are provided in its sole discretion and at any time.The City will provide cleaning chemicals for these locations. AIV «° r� a. Clean drinking fountains X b. Clean and polish mirrors and fixtures X c. Refill toilet paper,paper towels,and soap dispensers X d. Empty and wipe down waste receptacles X e. Clean and disinfect all toilets,sinks,counter tops tile, X walls and partitions f. Sweep,mop and disinfect all restoom and shelter floors X g.Wipe down all picnic table benches and tops X h. Scrape grill surfaces X i.Pick up trash around shelters X Brookview Park Large Shelter—200 Brookview Parkway North,Golden Valley, MN 55426 Contractor shall provide the Services in the table below at the Brookview Park Large Shelter and Bathrooms are required on an as-needed basis between May 1st and October 31st on Saturday and Sunday mornings before 11:00 AM and in the afternoons between 4:00 and 5:00 PM.The City may modify the Services and the times during which they are provided in its sole discretion and at any time. The City will provide cleaning chemicals for this location. lorl SMW f ' b i`r �, t a. Clean and polish mirrors and fixtures X b. Refill toilet paper,paper towels,and soap dispensers X c. Empty and wipe down waste receptacles X d. Clean and disinfect all toilets,sinks,counter tops tile, X walls and partitions e. Sweep,mop and disinfect all restoom and shelter floors X f.Wipe down all picnic table benches and tops X g. Scrape grill surfaces X h.Pick up trash around shelters X i.Wipe down all counter spaces X Schaper Park Bathrooms—631 Ottowa Avenue North,Golden Valley, MN SS427 Contractor shall provide the Services in the table below at the Schaper Park Bathrooms is required from April 1st to October 31st on Saturday and Sunday afternoons.The City may modify the Services and the times during which they are provided in its sole discretion and at any time.The City will provide cleaning chemicals for this location. N u rwa, S w A a. Clean drinking fountains X b. Clean and polish mirrors and f-i-fures X c. Refill toilet paper,paper tov . ,and soap dispensers X d. Empty and wipe down waste receptacles X e. Clean and disinfect all toilets,sinks,counter tops tile, X walls and partitions f. Sweep,mop and disinfect all restoom and shelter floors X SCHEDULE B COMPENSATION; BILLING Brookview—316 Brookview Parkway S $ 4,700 1.2 months= $ 56,400 Golf Maintenance—101 Brookview Parkway $ 225 X 12 months= $ 2,700 Schaper Park Bathrooms—631 Ottowa Avenue N $ 225 x 7 months= $ 1575 TOTAL:GRAND TOTAL ANNUAL COST TO CLEAN THE ABOVE CITY 60,675 BUILDINGS ACCORDING TO ATTACHED SPECIFICATIONS: $ Brookview Park Small Shelter and Tennis Building Bathrooms—300&401 Brookview Parkway South $ 2D Per Cleaning Brookview Paris Large Shelter—200 Brookview 30 Parkway North $ Per Cleaning COMPANY NAME: Stratus Building Solutions [[ ADDRESS. ulI dam E'f �IJ �N• 06,k 0�� AIJ 5'513.1 BY: TITLE: Sales Manager DATE: 11-09-19 SUMMARY Parks and Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting November 4, 2020 Agenda Item 3. E. 1. Approve the Three Rivers Hennepin County Park Program Funding Agreement Summary Golden Valley Parks & Recreation shall arrange, administer, manage, and provide the Save the Summer programs which shall be directed at enabling compliance with COVID-19 public health precautions while getting children within the geographical boundaries of Hennepin County outdoors and active during the Summer of 2020 (the "Programs"), including but not limited to providing events, programming, remote learning, and self-guided activities/equipment. Unless the parties otherwise agree, all services performed shall meet the criteria of section 601(d) of the Social Security Act, including qualifying as a necessary expenditure incurred due to the public health emergency. City shall facilitate and ensure compliance with COVID-19-related public health measures, including social distancing. All Programs shall be approved by the Park District. Upon Park District's request, City shall provide detailed reports describing Programs and services provided in association with this Agreement, aggregated and redacted participant demographics, and contributions/expenditures by City in relation to the Programs (redacted when necessary). Service expenditures must meet the following guidelines: • Are necessary expenditures due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); • Were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and • Were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Financial Or Budget Considerations The Park District shall reimburse Golden Valley for Approved Programs furnished between June 23, 2020 and December 30, 2020. The total value of this Agreement, including all reimbursable expenses, shall not exceed Thirteen Thousand Dollars ($13,000). Recommended Action Motion to authorize City Manager and Mayor to sign the Three Rivers Hennepin County Park Program Funding Agreement and Accept Donation of up to $13,000 in the form approved by the City Attorney. Supporting Documents • 2020 Three Rivers Hennepin County Park Program Funding Agreement AGREEMENT This Agreement is between the THREE RIVERS PARK DISTRICT, a body corporate and politic and a political subdivision of the State of Minnesota ("Park District"), and the City of Golden Valley, a municipal corporation and political subdivision of the State of Minnesota ("City"). The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT The Park District shall reimburse City for Approved Programs, as defined below, furnished between June 23, 2020 and December 30, 2020. This Agreement shall terminate on December 30, 2020, unless cancelled or terminated earlier in accordance with the provisions herein. The total value of this Agreement, including all reimbursable expenses, shall not exceed Thirteen Thousand Dollars ($13,000). 2. SERVICES TO BE PROVIDED City shall arrange, administer, manage, and provide the Save the Summer programs which shall be directed at enabling compliance with COVID-19 public health precautions while getting children within the geographical boundaries of Hennepin County outdoors and active during the Summer of 2020 (the "Programs"), including but not limited to providing events, programming, remote learning, and self-guided activities/equipment. Unless the parties otherwise agree, all services performed shall meet the criteria of section 601(d) of the Social Security Act, including qualifying as a necessary expenditure incurred due to the public health emergency. City shall facilitate and ensure compliance with COVID-19-related public health measures, including social distancing. The Programs shall be approved by the Park District. The programs listed in Attachment B are approved projects by the Park District. Any additional services and service-related expenditures not listed in Attachment B must be approved by the Park District in advance. Upon Park District's request, City shall provide detailed reports describing Programs and services provided in association with this Agreement, aggregated and redacted participant demographics, and contributions/expenditures by City in relation to the Programs (redacted when necessary). 3. PAYMENT FOR SERVICES Service expenditures must meet the following guidelines: A. Are necessary expenditures due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); B. Were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and C. Were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. 1 Following approval of proposed services or service-related expenditures, City shall invoice Park District for actual expenses incurred in association with the Programs and City's services. The parties agree that City shall not invoice Park District for any payroll expenses of regular full or part time employees of the City. Seasonal employee payroll expenditures related to the Programs are allowed without prior consent. If Park District's funding sources, including but not limited to the Federal Emergency Management Agency's Public Assistance Program and the Coronavirus Relief Fund available under section 601(a) of the Social Security Act, subsequently reject a use of funds or seek to recoup funds for any service or service related expenditure already paid to City by Park District hereunder, Park District shall be relieved of its obligation to pay City the rejected/recouped amount and may withhold a like amount from subsequent invoices to off-set the same. Payment shall be made within thirty-five (35) days from receipt of the invoice. 4. INDEPENDENT CONTRACTOR 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 Park District for any purpose. 5. COMPLIANCE WITH APPLICABLE LAWS In addition to related provisions herein, the parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to Minnesota Statutes, chapter 13 (the Minnesota Government Data Practices Act), Minnesota Statutes section 16C.05, subd. 5, Minnesota Statutes section 471.425, subd. 4a, and the Health Insurance Portability and Accountability Act and implementing rules (HIPAA). As applicable, City shall comply with the provisions set forth in Attachment A. 6. LIABILITY City shall defend, indemnify, and hold harmless Park District, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney's fees, resulting directly or indirectly from any act or omission of City, a subcontractor, anyone directly or indirectly employed by them, 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. In order to protect City and those listed above under the indemnification provision, City represents and warrants that it has or shall, at its sole expense, procure and maintain insurance with applicable and necessary coverages. Park District shall defend, indemnify, and hold harmless City, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney's fees, resulting directly or indirectly from any act or omission of Park District, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts and/or omissions they may be liable in the performance of the services required 2 by this Agreement, and against all loss by reason of the failure of Park District to perform any obligation under this Agreement. In order to protect Park District and those listed above under the indemnification provision, Park District represents and warrants that it has or shall, at its sole expense, procure and maintain insurance with applicable and necessary coverages. 7. ASSIGNMENT AND SUBCONTRACTING City shall not assign, subcontract, transfer or pledge this Agreement or the services to be performed, whether in whole or in part, without the prior written consent of the Park District. Permission to subcontract, however, shall under no circumstances relieve City of 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. City shall make contracts between City and subcontractors available to Park District upon request. 8. 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. B. City and Park District are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other party. C. 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. D. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 9. 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 shall be in default. Unless City's default is excused in writing by Park District, Park District may upon written notice immediately cancel or terminate this Agreement in its entirety. Upon notice to City of the claimed breach and the amount of the claimed damage, Park District may withhold any payments to City for the purpose of set-off until such time as the exact amount of damages due Park District from City is determined. B. The above remedies shall be in addition to any other right or remedy available to Park District under this Agreement, law, statute, rule, and/or equity. 3 C. This Agreement may be canceled/terminated with or without cause by Park District upon seven (7) day written notice, provided that Park District shall be responsible for reimbursement of all approved services and service-related expenditures incurred by City prior to the termination date. 10. 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. 11. 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. 4 IN WITNESS WHEREOF, Park District and City have entered into this Agreement as of the date and year first above written. Three Rivers Park District, a public corporation and political subdivision of the State of Minnesota Dated: 10/23/2020 BY: C;1Zt (�a.N� Its Chair - Board of Commissioners Dated: 10/23/2020 BY: Me ro Car(son Its Superintendent And Secretary to the Board City of Golden Valley, a Minnesota municipal corporation Dated: By: Its Mayor Dated: By: Its City Clerk 5 Attachment A Federal Award Contract Provisions This Attachment A - Federal Award Contract Provisions is attached and incorporated into and made part of Contract No. PR00002307 (the "Agreement"). Unless otherwise defined herein, all capitalized terms shall have the meaning ascribed in the Agreement. Additionally, the term "contract" shall mean the "Agreement"; the terms "contractor", "Contractor", and "CONTRACTOR" shall mean City; and the terms "APPLICANT" and "COUNTY" shall mean the COUNTY OF HENNEPIN, STATE OF MINNESOTA. Subject to (i) applicable federal law, including but not limited to 2 C.F.R. §200.326 and 2 C.F.R., Part 200, Appendix II; (ii) COUNTY's application of federal awards to this transaction; and (iii) the nature and cost of the transaction, the following provisions may be applicable: 1. Remedies. The remedy provisions in the Agreement, including but not limited to Sections 6 and 9, shall apply. 2. Termination For Cause and/or For Convenience. The termination provisions in the Agreement, including but not limited to Section 9, shall apply. 3. Equal Employment Opportunity. During the performance of this contract, the City agrees as follows: (1) The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The City will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of 6 other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the City's legal duty to furnish information. (4) The City will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the City's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The City will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The City will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the City's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the City may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The City will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The City will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the City becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the City may request the United States to enter into such litigation to protect the interests of the United States. The Park District further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the Park District so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. 7 Park District agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. Park District further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Park District agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from Park District; and refer the case to the Department of Justice for appropriate legal proceedings. 4. Davis-Bacon Act. a. All transactions regarding this contract shall be done in compliance with the Davis- Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The City shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. City is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, City is required to pay wages not less than once a week. 5. Copeland Anti-Kickback Act. a. Contractor. City shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts. The City or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 6. Contract Work Hours and Safety Standards Act. 8 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the City and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, City and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The U.S. Department of Homeland Security or such other applicable agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The City or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 7. Rights to Inventions Made Under a Contract or Agreement. The parties shall comply with the requirements of 37 CFR Part 401. 8. Clean Air Act and the Federal Water Pollution Control Act. A. Clean Air Act. 1. City agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. City agrees to report each violation to Park District and understands and agrees that Park District will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 9 3. City agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. B. Federal Water Pollution Control Act 1. City agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. City agrees to report each violation to Park District and understands and agrees that Park District will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. City agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 9. Debarment and Suspension. (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, City is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) City must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Park District. If it is later determined that City did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Park District, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. Byrd Anti-Lobbying Amendment. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures 10 are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If applicable, contractors must sign and submit to the non-federal entity the certification found in APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING. 11. Procurement of Recovered Materials. (i) In the performance of this contract, City shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— * Competitively within a timeframe providing for compliance with the contract performance schedule; • Meeting contract performance requirements; or • At a reasonable price. (ii) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. (iii) City also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 12. Access to Records. The following access to records requirements apply to this contract: (1) City agrees to provide Park District and/or other recipient(s) , the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) City agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) City agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, Park District and City acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 13. Changes. The provisions related to changing or modifying the method, price, or schedule of the work in Section 8 of the Agreement shall apply. 14. DHS Seal, Logo, and Flags. 11 City shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 15. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. City will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 16. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 17. Program Fraud and False or Fraudulent Statements or Related Acts. City acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 12 Attachment B: List of Approved Proiects ID Cit /Agency Project Title Description 27 Golden Valley Summer Explanation: This is a modification/expansion of an Playground existing program that requires additional staff and Adventure additional materials to meet the social distancing and Programs safety requirements of the COVID-19 Pandemic. Location: Various Golden Valley Parks (Lions, Wesley, Scheid Parks) Program Coordinator: City of Golden Valley, Recreation Supervisor Number of Youth Participants: 150 participants Cost: $3,000 Program Details: Currently Golden Valley is offering an affordable outdoor youth program opportunity with our Summer Playground Adventure programs. Provided for kids ages 4-12 at 3 parks across the city featuring games, crafts, nature activities, sports and stories with their friends in a safe outdoor setting. This summer, due to the COVID-19 pandemic, the programs have been re- engineered with limited staff and supplies as well as specific group guideline restrictions including readjusting camp participant numbers, adding additional sanitation procedures and most importantly, re-thinking how an in-person camp can happen including social distancing. These additional considerations this summer add expenses that were not budgeted and any assistance provided by this grant would be helpful and much appreciated. Expense Details Disposable masks for staff. $100 Portable tents and weights: $1,500.00 2 Slacklines: $150 150 Individual Craft Kits: $850 Misc. Water Activities Supplies while social distancing (pool noodles, sprinklers, spray bottles and toys, 5-gallon buckets: $400.00 13 ID Cit /Agency Project Title Description 28 Golden Valley Camp Valley Explanation: This is a modification/expansion of an existing program that requires additional staff and additional materials to meet the social distancing and safety requirements of the COVID-19 Pandemic. Location: Brookview Park Golden Valley Program Coordinator: City of Golden Valley, Recreation Supervisor Number of Youth Participants: 150 participants Cost: $3,500 Program Details: For three weeks in August, Golden Valley offers an affordable outdoor child care service in the form of a day camp for our residents at our Camp Valley Program. Providing kids, ages 7-12 a supervised outdoor experience featuring games, crafts, nature activities, sports and stories with their friends in a safe setting. This summer, due to the COVID-19 pandemic, the program will have be re-engineered with limited staff and supplies as well as specific group guideline restrictions including readjusting camp participant numbers, adding additional sanitation procedures and most importantly, re- thinking how an in-person camp can happen including social distancing. These additional considerations this summer add expenses that were not budgeted and any assistance provided by this grant would be helpful and much appreciated. Expense Details Disposable masks for staff. $100 10 Youth Bikes and helmets: $1,400 30 kids fishing pole and tackle kits: $1,000 10 youth archery kits: $400 20 Laser Tag Kits: $600 14 ®11formstacksign ;- Document Completion Certificate formerly insuresign Document Reference le677b44-c298-4315-a4a7-d0a74e37b065 Document Title Golden Valley CARES Act Revised Document Region Northern Virginia Sender Name Linda Ziegler Sender Email linda.ziegler@threeriversparks.org Total Document Pages 14 Secondary Security Not Required Participants 1. John Gunyou (john@gunyou.com) 2 . Boe R. Carlson (boe.carlson@threeriversparks.org) cc 1. Jonathan.Vlaming@threeriversparks.org Document History Timestamp Description 10/23/2020 08:33AM CDT Document sent by Linda Ziegler (linda.ziegler@threeriversparks.org) . 10/23/2020 08:34AM CDT Email sent to Linda Ziegler (linda.ziegler@threeriversparks.org) . 10/23/2020 08:34AM CDT Email sent to John Gunyou (john@gunyou.com) . 10/23/2020 13:24PM CDT Document viewed by John Gunyou (john@gunyou.com) . 69.180.176.222 Mozilla/5.0 (Macintosh; Intel Mac OS X 10 15 7) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/86.0.4240.80 Safari/537.36 10/23/2020 13:24PM CDT John Gunyou (john@gunyou.com) has agreed to terms of service and to do business electronically with Linda Ziegler (linda.ziegler@threeriversparks.org) . 69.180.176.222 Mozilla/5.0 (Macintosh; Intel Mac OS X 10 15 7) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/86.0.4240.80 Safari/537.36 10/23/2020 13:24PM CDT Signed by John Gunyou (john@gunyou.com) . 69.180.176.222 Mozilla/5.0 (Macintosh; Intel Mac OS X 10 15 7) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/86.0.4240.80 Safari/537.36 10/23/2020 13:24PM CDT Email sent to Boe R. Carlson (boe.carlson@threeriversparks.org) . 10/23/2020 13:42PM CDT Document viewed by Boe R. Carlson (boe.carlson@threeriversparks.org) . 68.46.8.81 Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/64.0.3282.140 Safari/537.36 Edge/18.17763 10/23/2020 13:42PM CDT Boe R. Carlson (boe.carlson@threeriversparks.org) has agreed to terms of service and to do business electronically with Linda Ziegler (linda.ziegler@threeriversparks.org) . 68.46.8.81 Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/64.0.3282.140 Safari/537.36 Edge/18.17763 10/23/2020 13:42PM CDT Signed by Boe R. Carlson (boe.carlson@threeriversparks.org) . 68.46.8.81 Document History Timestamp Description Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/64.0.3282.140 Safari/537.36 Edge/18.17763 10/23/2020 13:42PM CDT Document copy sent to John Gunyou (john@gunyou.com) . 10/23/2020 13:42PM CDT Document copy sent to Boe R. Carlson (boe.carlson@threeriversparks.org) . city EXECUTIVESUMMARY go 1de 7. Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley Council Meeting November 4, 2020 Agenda Item 3. E. 2. Approve Resolution #20-66 Approving Coronavirus Aid, Relief, and Economic Security (CARES) Aid Funding CARES from Hennepin County Prepared By Sue Virnig, Finance Director Theresa Schyma, City Clerk Summary The following resolution approves the grant up to $11,544 from Hennepin County CARES funds as a sub-recipient and based on a formula using various election-related factors. Federal law requires that the funds be used to "prevent, prepare for, and respond to coronavirus, domestically or internationally, for the 2020 Federal election cycle." All authorized costs will be no more than 80 percent of the total costs. Documentation of those costs must be sent to Hennepin County by November 10 and reported to Council on a future financial report. Financial Or Budget Considerations Due to the election on November 3, all costs will documented after the election. At this time, the City is assuming that the entire amount of$11,544 will be spent. If not, the remainder will be sent back to Hennepin County. Recommended Action Motion to adopt Resolution #20-66 Approving Hennepin County CARES grant for up to $11,544. Supporting Documents • Resolution #20-66 Approving Coronavirus Aid, Relief, and Economic Security (CARES) Aid Funding from Hennepin County (1 page) RESOLUTION NO. 20-66 RESOLUTION APPROVING CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) AID FUNDING FROM HENNEPIN COUNTY WHEREAS, in 2020, the Hennepin County allocated $1 ,117,423.48 to Hennepin County Cities for funds to be used prevent, prepare for, and respond to coronavirus, domestically or internationally, for the 2020 Federal election cycle", and WHEREAS, the City of Golden Valley received $11 ,544, and WHEREAS, any monies not expended by the City must be sent back to Hennepin County, and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, any funds will be sent back if not spent, otherwise the funds will be used to offset the costs of the November election. Adopted by the City Council of Golden Valley, Minnesota this 4t" day of November 2020. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk city EXECUTIVESUMMARY 1 d e .go Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley City Council Meeting November 4, 2020 Agenda Item 3. E. 3. Approve Accepting Donations and Grants-Minnesota Government Finance Officers Association Prepared By Sue Virnig, Finance Director Summary Staff once again applied for a grant to help fund the cost of a finance intern for spring 2021. The city received notice on October 28 that they were awarded the grant for up to $3000. This is a matching grant and will be reimbursed once the monies are spent. This is the second year the city has received this grant. A resolution will need to be approved per Minnesota Statute 465.03 which allows cities to accept grants and donations of real or personal property. Financial Or Budget Considerations This will offset the total cost for a finance intern up to $3000. The 2021 budget has $15,000 for an intern(s). Recommended Action Motion to adopt Resolution 20-67 Accepting a Grant for a finance intern from Minnesota Government Finance Officers Association for up to $3000. Supporting Documents • Letter from the President of Minnesota Government Finance Officers Association Joe Ruub ( 1 page) • Resolution No. 20-67 Approve Accepting Grant from MN Government Finance Officers Association (1 page) October 28,2020 minces ita government finance officers association City of Golden Valley www.mngfoa.org Attn: Sue Vimig 7800 Golden Valley Rd Golden Valley, MN 55427 Joe Rueb President Dear Sue, Josh Feldman President - Elect It is my pleasure to announce the City of Golden Valley as a recipient of the Nicole Meyer MNGFOA Internship Grant! Secretary The Internship Grant is a 50/50 matching grant of up to $3,000. The grant may Nate Reinhardt be used any time during the 2021 calendar year. The grant recipient shall Treasurer provide wage and benefit expenditure documentation to the MNGFOA before Sarah Cotton the grant is paid. State Representative Gina Thank you for applying for this grant and for allowing a hands-on opportunity At-large nth for someone new to learn about government finance and function as a true staff member.We appreciate your commitment to the betterment and future of our Corey Boyer organization and the local government finance profession. At-large Heidi ostiie If you have any questions,please contact me directly at the City of Maplewood Past President -direct line 65I-249-2903 or 'oe.nieb?,maplewoodmn.F!ov. Congratulations! Sincerely, Address: Joe Rueb C/o Joe Rueb 2020 MNGFOA President City of Maplewood 1830 County Road B East Maplewood, MN 55109 651-249-2903 (direct) ioe.rueb@maplewoodmn.gov RESOLUTION #20-67 RESOLUTION ACCEPTING A GRANT FOR A FINANCE INTERN FROM MINNESTOA GOVERNMENT FINANCE OFFICERS WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations of real or personal property for the benefit of its citizens in accordance with the terms prescribed by the grantor or donor, and, WHEREAS, the grant is to allow hands-on opportunity for a person interested in the accounting field to gain experience and knowledge with governmental accounting with the City of Golden Valley, and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council, and NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following grant from the Minnesota Government Finance Officers Association for up to $3,000. Shepard Harris, Mayor ATTEST: Theresa Schyma, City Clerk city EXECUTIVESUMMARY go 1de 7. Administrative Services 763-593-8013 / 763-593-3969 (fax) Golden Valley Council Meeting November 4, 2020 Agenda Item 3. E. 4. Resolution #20-68 Approving CARES Aid Funding Prepared By Sue Virnig, Finance Director Summary Staff reported earlier that COVID-19 has had significant impact on the City of Golden Valley's 2020 revenues and expenditures due to stay at home orders, business closures, social distancing guidelines, disruption to the economy and uncertainty of future needs. The significant impact was noted on a federal level and approved the CARES (Coronavirus Aid, Relief, and Economic Security) aid funds. $150 billion was allocated to provide funds to State, Local, and Tribal Governments. The City of Golden Valley was allocated $1,625,843 for specific expenditures outlined by the US Treasury. The following resolution approves the grant and allocation of expenses that has been submitted to the MN Management and Budget Division (MMB). The last date for expenditures is November 15. The city has incurred more eligible expenditures but the cap for the current grant was used with the September 10 submittal. Staff will include a final report with the financial reports on a future agenda. Financial Or Budget Considerations The report submitted on September 10 to MMB had the allocation of$1,625,843 for the appropriate expenditures included in the resolution attached. Recommended Action Motion to adopt Resolution #20-68 Approving Coronavirus Aid, Relief, and Economic Security (CARES) Aid Funding Supporting Documents • Resolution #20-68 Approving Coronavirus Aid, Relief, and Economic Security (CARES) Aid Funding (1 page) RESOLUTION NO. 20-68 RESOLUTION APPROVING CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES) AID FUNDING WHEREAS, in 2020, the CARES Act established $150 billion Coronavirus Relief Fund to provide funds to State, Local, and Tribal Governments responding to the COVID- 19 pandemic. The City of Golden Valley was allocated $1 ,625,843 in (CARES) Act funding. The funding was received on July 2, 2020, and WHEREAS, the City of Golden Valley followed Guidelines by US Treasury, and reported to the Mat WHEREAS, the below categories were incurred during the period that begins with March 1 , 2020 and ends on November 15, 2020, at which not expended by the City must be sent to State of Minnesota, and WHEREAS, in 2021 , the City will conduct a single audit due to the federal grant exceeding $750,000 in 2020, and BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that the following CARES funds were allocated in the following categories outlined below: Expenditure Budgeted Personnel and Services 105,412.31 Diverted to a Substantial Different Use Facility Distance Learning 2,875.69 Food Programs 100,000.00 Improve Telework Capabilities of 60,584.95 Public Employees Payroll for Public Health and Safety 1,229,021.20 Employees Public Health Expenses 127,948.85 TOTAL $1,625,843.00 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, has spent all funds and none is due to the State of Minnesota, and Adopted by the City Council of Golden Valley, Minnesota this 4t" day of November 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 November 4, 2020 Agenda Item 3. F. Authorize Limited Use Permit with the Minnesota Department of Transportation (MNDOT) for Permitting Land Usage on Trunk Highway 55 For Maintaining and Operating a Non-Motorized Trail Prepared By Jeff Oliver, City Engineer R.J. Kakach, Assistant City Engineer Summary As part of the 2040 Comprehensive Plan, the Transportation chapter identifies a proposed multi use trail along the southside of Trunk Highway 55 (TH 55) between Winnetka Avenue and Glenwood Avenue. MNDOT has agreed to fund the construction of the trail up to $300,000 as part of their TH 55 resurfacing project to take place in the summer of 2021. The engineer's estimate for the trail is $250,000 to $300,000. City staff hosted a virtual open house in the summer of 2020 to solicit feedback on the proposed trail. Comments, questions, and answers were posted weekly on the City of Golden Valley website and are also attached. The majority of the feedback was in favor of the new trail. MNDOT requires a limited use permit (LUP) be in place for other agencies to own or operate facilities in MNDOT right-of-way. The LUP up for consideration permits the maintenance and operation of a City owned trail on MNDOT property. Financial Or Budget Considerations None anticipated at this time other than long-term maintenance of the trail. Once MNDOT opens bids for their project, more information will be available to determine if the City is responsible for any construction costs. Recommended Action Motion to authorize the Mayor and City Manager to execute a Limited Use Permit with the Minnesota Department of Transportation (MNDOT) for Permitting Land Usage on Trunk Highway 55 For Maintaining and Operating a Non-Motorized Trail Resolution #20-65 Supporting Documents • Highway 55 Trail Project Open House Feedback (6 pages) • State of Minnesota Department of Transportation Limited Use Permit (6 pages) • Resolution (1 page) Hwy 55 Trail Project COMMUNITY INPUT REPORT city Of goldenli ..'l , Overview.................................... ......... ............ ......... ............. ......... ......2 Appendix A. Online Comment Box Submissions........................................ ...3 Appendix B. Staff Responses to Submitted Questions.... ................................9 Appendix C. Social Media Reach And Engagement......................................13 Hwy 55 Trail Project Community Input Report Page 1 Soliciting public input was a major component of the Golden Valley City Council's consideration of the Minnesota Department of Transportation's (MnDOT) Hwy 55 Trail Project. Virtual Open House To inform residents about the proposed project, the City published a short virtual open house on YouTube and Facebook May 21, 2020 that described the project in detail, including its timeline and the City's role. As of Oct 27, 2020, the video has more than 450 views on YouTube and morethan 640 views on Facebook. The video encouraged residents to share feedback through an online comment box. The comment box was open May 21, 2020—June 30, 2020 and received 47 submissions. Staff evaluated each response and published responses to relevant questions on the City website. See Appendix A for complete submissions. See Appendix B for staff answers to submitted questions. 5ociai meaia vutreacn The City posted information and reminders about the the survey four times on Facebook, four times on Twitter, and three times on Nextdoor between May 21, 2020 and June 30, 2020. See Appendix C for reach and engagement details for each post. Hwy 55 Trail Project Community Input Report Page 2 APPENDIX A Online Comment Box Submissions city of go l d e n�� valley Page 3 Submitted Responses (printed verbatim) Question. Sounds like a good idea! No feedback just want to thank you. 100%approve!! I live at 411 Rhode Island Av N, Golden Valley. How will this effect my front yard and landscaping abutting Hwy 55. The trail will increase an already unbearable traffic noise and further decrease my property value and worsen my quality of life. I strongly oppose this proposal Mustafa Siddiqui I am incredibly supportive of a trail along highway 55. Golden Valley is severely lacking in sidewalks and trails that are more than looped circuits. I live behind Kare 11 and have always resented Brookview's golf course as it makes getting to Brookview and Lions Park much more difficult. I have to cross a highway twice just to get around the darn thing. But I would love to be able to walk or bike along the northern edge of the course to get to, not only the parks, but also downtown. I think the trail is a great idea and fully support expanding bike infrastructure into downtown Golden Valley. Great Idea! On the surface does not seem prudent or safe for such a trail to parallel a highway. Ashame to lose trees and brush etc, but I'd defer to those most impacted and living along the proposed trail. Still better than repurposing residential streets for bikes,which I am opposed. If you redo/ remove the Winnetka bike lanes, and return that artery to the original design with four lanes so we can once again move more swiftly, enjoy a productive traffic flow, I'd consider supporting the Hwy55 project. I think it's a great idea! More trails and non-motorized accessibility is always a positive! I for one would be opposed to it due to overlyiing safety conerns. Not to mention the cost factor in these uncertain times. My wife and I are 7 year residents of Golden Valley and we support the addition of the proposed mixed-use trail along the south side of Hwy 55. Our only concern is safety of those using the trail considering the close proximity to a high-speed divided highway. Is there any plan to provide a barrier or separation of some kind (i.e. guard rail) between eastbound traffic and the proposed trail? Brian & Maia Wright lit= I think this trail would be a great addition to the Luce Line as a more direct path to get to downtown via bicycle. I am in full support of this trail! Lisa Donahue Hi, There already is Harold Ave that can be used to connect Winnetka and Glennwood for bikers. Was this thought about when you came up with this idea to change 55? It has a nice sign that mentions connects to trails. It is less busy and safer for bikers than 55 would be. Why are you planning on doing something along 55? It is a very busy highway, and not very safe to have a lot of bikers bike down it to get onto Glenwood. What about the people's properties that you would be disrupting?There also are lilic bushes that were planted there too. Are you going to take down the bushes you planted? You are spending a lot of money when there already is a good option and is safe. Claire 100%Yes to including the trail in the Hwy 55 project. We live on Glenwood Ave (north side of 55) and we LOVE this idea!! We are in our 40's and plan to stay in our home as long as possible, and we love the ideas the city is bringing forward to make GV more walkable, bike friendly and livable. Thank you! This would be such a great addition to our community! I know there are wetlands along some of that stretch of 55, how will the wetlands be protected and erosion prevention be taken into account. We think this would be a great addition to our community. It does not look like it will interfere with traffic and will add to our extensive trail system. This is two blocks south of the Luce line trail. It's a waste of money. I am absolutely in favor of increasing bike and pedestrian paths. This one seems a little redundant with Harold Avenue and/or Glenwood north of 55.The bigger problem for peds and bikes are the two intersections at the ends of the trail. YES! What a great idea!! I live along that stretch of Hwy 55 and I fully expect the state to install a fence along the south side of the trail to prevent people from going off the trail and trespassing on other people's property. I think this is a ridiculous waste of tax dollars when these bikes could easily drive through the neighborhood on existing, quiet streets on the north side of Hwy 55 but apparently we have too much extra money in the coffers. I can't believe with all that's happening in the state right now that they are even considering spending this money. I will also watch the right of way very closely because I will not allow any of this to exist on my property. I will call the police anytime someone steps onto my property off this trail. I really like the idea!! I do not know how other street projects throughout the city are paid for, but I know there are a lot of neighborhood streets around my home that desperately need repairing. I would not want this project to take away money from those, as I believe those should be done first. If this is not the case, and nothing else we already have is not more of a priority for maintenance, I would say go ahead with it. There is a stretch of bike trail that is south of 55 between Theo Wirth Parkway and Schaper Rd. That goes west a few hundred feet and and ends. There is another frontage rd about .8 miles. I believe that part of this rd. section is owned by MPS and part by Golden Valley. It could be used to connect Theo Wirth and the frontage Rd by the traffic light on 55 by Schaper Rd. by the park making a more direct route either to get to the Luce Line or south to the Cedar Lake Trail. Is this section under consideration for development? It would really make a nice direct corridor for bikers. Pedestrian crossings of Hwy 55 (Winnetka, Rhode Island & Glenwood)will need improvement. Things like longer crossing times, increased signage to drivers (push button for flashing light), and more pedestrian-centric connections to retail on north side of hwy. Hi, My wife and I own property that will be adjacent to where the trail runs between Winnetka and Glenwood. Part of our property is a designated wetland. This trail will be right on the fringe of our wetland,within a few feet. We are very concerned about the grade, erosion, and potential damage to the wetland that this project may cause. We would like more information regarding how you intend on controlling erosion, damage caused by heavy machinery, the effects of asphalt/run-off, and grade of the ditch behind our house. We have been trying to improve the quality of our wetland by planting native trees and removing invasives;we typically have several breeding pairs of wood ducks and mallards each year. Have you conducted any kind of environmental impact surveys or studies? Additionally we are concerned about exposure to highway 55. Are you intending on planting any types of trees (specifically conifers)to replace trees that your crews have already removed?There was significant clearing done a couple summers ago and nothing was replaced.This is irritating knowing how tree conscious Golden Valley is about tree removal. Are you planning any barriers between the path and highway 55?The ditch area is not wide and placing a 10' wide path there will bring pedestrians close to high speed traffic. Are there any plans for a barrier wall or fence? Ultimately we do not feel that this path is spending taxpayers money well. Harold Ave is a quiet street that runs parallel to your proposed path and there is no reason that bike and pedestrian traffic can't use that street as opposed to spending several hundred thousand dollars to build your proposed path. Save the city some money and paint a designated bike lane on Harold Ave. Email: dumb This addition will be fantastic. I'm looking forward to a trail that is a direct path to downtown and free of cars. Nice explanation. This looks like a great resource! YES to more (and wider) bike paths that are part of resodentianor city streets. I bike with young children and these type of paths that easily connect are greatly needed in GV. I'd ask welcome more sidewalks. I think once bike rules/laws are enforced like automobile laws then you should consider adding additional lanes and trails. This seems like a nice addition. I look forward to this new connection. 1. How much separation will there be from Highway 55 eastbound? Don't want cars mistaking the trail for an additional driving lane. 2. What happens to bikes when they get to Winnetka? It appears they are just "dumped" at the intersection. Suggest--at the very least--that there be a marked path across Winnetka and then paving to get to the pedestrian bridge over 55. At Glenwood, there is at least an on-road bike lane to continue heading east. 3. How long will it be until this trail is extended? We don't need yet another trail that kind of goes nowhere. That's been a problem already with sidewalks around the city. Hello- I live on the corner of Rhode Island Ave N and Harold Ave at 7700 Harold Ave. It is exciting that we will have a trail along hwy 55, however, I want to express my concern with a couple of different things: 1)The traffic on Harold Ave can be quite heavy at times, especially around rush hour times. The intersection at Harold and Rhode Island is nearly blind heading South and I have witnessed several people on bicycles almost get hit because they do not stop before riding on Harold Ave. In my opinion a 4 way stop would be warranted here-there are many people who live in the condos on the south side of Harold, and the foot traffic in the area connecting Brookview and Lion's parks is extremely heavy. A stop sign would add additional safety for those crossing here. 2) People speed excessively on Harold Ave. This is a residential street and therefore there are no posted speed limits. As Harold is a nice wide open road and very straight, it is easy for people to speed. I have raised this concern before and a speed monitor was placed on the road and I witnessed people driving 45-50mph! I fear that with this type of speed, someone is going to get hit. Possible solutions for this problem: 1)4 way stop at Harold and Rhode Island will break up the distance people can speed 2) Put some speed limit signs on Harold to remind people of the speed limit. I think with additional bike traffic with this new trail,we will see additional people riding on Harold Ave and for their safety, I feel that some control of the traffic and speed on Harold Ave is warranted. I look forward to your comments regarding this matter. Jeff Remakel rM Love it! The more trails the better, especially if it is majority funded by the state. This is a much-needed and welcome trail connection. I think this is a great idea! Very needed for alternate safe transportation to MErchants in Golden Valley without having to use your car. Thank you, thank you, thank you... GV has needed this for so long! Love that this will better connect GV neighborhoods to businesses, parks, trails, library, restaurants, etc., while increasing public safety. I may even have to start biking to work once the path is up! Thanks again! That trail would be great and make commuting through the city more direct/faster. It looks like a good addition to the network of walking an d bike trails in the area. I think that it is needed as there is not an existing path there today. I am looking forward to seeing the project completed. Seems like a silly and costly alternative to Harold Ave. great idea and plan! I think this is a great project and should go ahead. The last thing we need to do is remove more trees, first the light rail now this recommendation. We do not need a short multi use trail along 55 between Glenwood and Winnetka. There are 3 road on which to bike and walk between the 2, Harold Ave, Western and Laurel. Laurel is a wide easily ride- able road and much quieter than along 55. Part of our beauty is the trees and it also shelters the neighborhood from Hwy 55 noise. It is also easy to cross 55 at Glenwood onto the now"dead end" road and travel to downtown Winnetka from there. This is a complete waste of money. Why do we need another trail when the Luce Line trail is so close plus all the other bike lanes on various streets in Golden Valley? As a resident of GV for 46 years, I think this is an excellent idea. We need to continue to make improvements to provide more multi use trails Such as this. Hopefully it will receive full support and approval. APPENDIX B Staff Answers to Submitted Questions city of go l d e n�� valley Page 9 Hwy 55 Tra *il Proj*ect Open House Feedback *Red text signifies an updated Q&A► 01. How will the trail affect my yard and landscaping abutting Highway 55? The trail will be constructed within Minnesota Department of Transportation (MNDOT) right-of-way. It is anticipated that some right-of-way trees will be removed with the project, but the exact amount is not yet determined. Tree and landscape impacts will be determined through the final design process for the project which will take place over the course of the summer of 2020 and is scheduled to be completed late summer/early fall 2020. 02. Is there any plan to provide a barrier or separation of some kind (i.e. guard rail) between eastbound traffic and the proposed trail? The trail will be setback from the highway to meet MNDOT's clear zone requirements and other design guidelines for trails. Ne barriers are being eansidered at this tirne as the elear zone re Barrier curb will installed in certain locations where clear zone requirements cannot be accommodated (near the intersections of Rhode Island Avenue and Glen- wood Avenue)to protect the trail from eastbound traffic. This design is consistent with other similar MNDOT roadways. Q3. How will the wetlands be protected and erosion prevention be taken into account? During construction, the contractor will follow the Stormwater Pollution Prevention Plan (SWPPP) and best practices will be put in place to accommodate drainage and prevent runoff from exposed soil. After construction, drainage will be maintained within the same MNDOT right-of-way ditch section adjacent to the proposed trail. The ditch section will shift but remain within existing MNDOT right of way. 04. Have you conducted any kind of environmental impact surveys or studies? No, environmental impacts surveys or studies have not been conducted for the trail. All work is taking place in MNDOT right-of-way and MNDOT will document impacts from the project and coordi- nate with their Office of Environmental Services to determine if any mitigation measures are neces- sary. 05. Are you intending on planting any types of trees (specifically conifers)to replace trees that your crews have already removed? Tree replacement is not part of the scope of the trail project, however, there may be a future oppor- tunity for the City to add trees on the south side of the trail as a post construction project. Q6. Are you planning any barriers between the path and highway 55? \11,1�.A�/w� �") The trail will be setback from the highway to meet MNDOT's clear zone requirements and other design guidelines for trails. - Barrier curb will installed in certain locations where clear zone requirements cannot be accommodated (near the intersections of Rhode Island Avenue and Glen- wood Avenue)to protect the trail from eastbound traffic. This design is consistent with other similar MNDOT roadways. Q7. Are there any plans for a barrier wall or fence? There are no plans for a barrier wall or;enee as part of the trail project. The plans do identify a short fence segment near the east end of the trail where the terrain adjacent to the trail exceeds allow- able slope standards and therefore the fence will be to provide fall protection for trail users. Q8. Will the trail project take away funding from other City street repair/replacement projects? t\\,,,/ F'\5 No,the trail will be funded through MNDOT and does not affect the City's local street repair/recon- struction funds. 09. There is a stretch of bike trail that is south of 55 between Theodore Wirth Parkway and Schaper Road that goes west a few hundred feet and ends. Is there any consideration to extend this trail further west along 55 to connect to Schaper Road? The City is currently working with MNDOT to determine the feasibility of a potential trail in this area. 010. There already is Harold Ave that can be used to connect Winnetka and Glenwood for bikers. Was this thought about when you came up with this idea to change 55? Harold Avenue does connect Winnetka Avenue and Glenwood Avenue, however, the proposed trail along Trunk Highway 55 will provide an off-street facility for multimodal transportation including walking, biking, and rolling. 011. Why are you planning on doing something along 55? This trail is identified on the City of Golden Valley's Bicycle and Pedestrian Plan. The Plan was de- veloped by the City's Bike and Pedestrian Task Force and included in the City's 2040 Comprehen- sive Plan to create a multi modal transportation network throughout Golden Valley. 012. What about the people's properties that you would be disrupting? ANS\7717 All work will take place in MNDOT right-of-way. Q13. There also are lilac bushes that were planted there too. Are you going to take down the bushes you planted? Tree and landscape impacts will be determined through the final design process for the project which will take place over the course of the summer of 2020 and is scheduled to be completed late summer/early fall 2020. 014. How much separation will there be from Highway 55 eastbound? Don't want cars mistaking the trail for an additional driving lane. n, In.I G"\h l Iw.Imo., The separation from the edge of highway pavement to the edge of trail pavement varies along the corridor based on the alignment of the trail. Typically, the trail will be 15' — 25' back from the high- way, with the exception being near the intersections of Rhode Island Avenue and Glenwood Avenue to connect to the existing pedestrian facilities. In these locations, barrier curb will be installed to protect the trail from eastbound traffic. Q15. What happens to bikes when they get to Winnetka? It appears they are just "dumped" at the intersec- tion. Suggest--at the very least--that there be a marked path across Winnetka and then paving to get to the pedestrian bridge over 55. At Glenwood, there is at least an on-road bike lane to continue heading east. At Winnetka Avenue, there will be a crosswalk to cross Winnetka Avenue and connect to the exist- ing trail along Winnetka Avenue to the south of Highway 55 or to the pedestrian bridge to go north of Highway 55. Q16. How long will it be until this trail is extended?We don't need yet another trail that kind of goes no- where. That's been a problem already with sidewalks around the city. i--A P141 s�VI/ The extension of the trail west of Winnetka along Brookview Golf Course is not currently scheduled in the City's 10-year Capital Improvement Program (CIP). Q17. Why do we need another trail when the Luce Line trail is so close plus all the other bike lanes on var- ious streets in Golden Valley? This trail is identified on the City of Golden Valley's Bicycle and Pedestrian Plan. The Plan was devel- oped by the City's Bike and Pedestrian Task Force and included in the City's 2040 Comprehensive Plan to create a multi modal transportation network throughout Golden Valley. APPENDIX C Social Media Reach and Engagement city of go l d e n�� valley Page 13 SOCIAL MEDIA REACH AND ENGAGEMENT Hwy 55 Trail Project Reach = Number of people who saw the post Engagement = Number of people who interacted with the post May 21, 2020 COMMENTE Facebook 716 158 3 1 0 Twitter 187 8 1 0 0 Nextdoor 643 n/a 0 n/a 0 May • 2020 Facebook 1 1019 1 73 1 10 1 0 , 1 Twitter 273 5 0 0 0 Comments Daniel Steinberg Needs to start at General Mills Rd please on the south side. June • 2020 Facebook 1121 191 10 2 2 Twitter 371 40 3 1 0 Nextdoor 914 n/a 1 n/a 0 Comments Bob UnDell I'm 100% in favor of adding bike infrastructure wherever we can. I use it often and I challenge everyone to ditch their cars as often as possible. But... This particular stretch. Harold Ave is *right there*. It's quiet and wide and already maintained. It already connects Glenwood and Winnetka. Can we still spend the money on bike infrastructure, but somewhere that's a higher need? Carrie Shanahan Sounds good-we need a safe waking/biking path to town! June 250 2020 Facebook 692 75 4 1 0 Twitter 423 28 3 1 0 Nextdoor 1755 n/a 6 n/a 4 7Nicola Thank you, thank you, thank you... GV has needed this for so long! Can't wait! Bernir M Waste of Money! Why don't you make a bike and pedestrian trail around Glenwood Lake, or is it called Wirth Lake! Suggest you buy the old section of Golden Valley owned by Trach Shopping Center and renew the area. It looks like a SLUM! Eileen S Just curious. Where is that old section of Golden Valley owned by Trach Shopping Center that "looks like a SLUM"? ? Bernir M The whole old strip from Pilgrim's cleaners, all the way down to the Bratheuse. (Spelling ) Golden Valley needs to Eminent Domain that old strip center that was built in the 50's.And, match it up with the section across the street. Look how revitalized St. Louis Park is! Also, GV should not be in the regressive Robbinsdale school district! A section of GV schools is in Hopkins school district, and the rest of GV should be too! Bernie STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 27223 (T.H. 55), COUNTY OF HENNEPIN LUP #2723-0220 PERMITEE: City of Golden Valley EXPIRATION DATE: 01-30-2030 COOP./CONST. Agmt # NA In accordance with Minnesota Statutes Section 161 .434, the State of Minnesota, through its Commissioner of Transportation, ("MnDOT"), hereby grants a Limited Use Permit (the "LUP") to City of Golden Valley, ("Permittee"), to use the area within the right of way of Trunk Highway No. 55 as shown in red on Exhibit "A", (the "Area") attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Trail The Permittee's use of the Area is limited to only the maintaining and operating a nonmotorized trail (the "Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1 . TERM. This LUP terminates at 11 :59PM on 01/30/2030 ("Expiration Date") subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT's sole determination, LUP—Standardized LUP Form Page 1 of 6 LU1001 10/30/2020 modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee's use of the Facility and Area for the additional term. If Permittee's written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction of the Facility shall be completed by MnDOT up to an amount of $300,000. In the event, after the bidding process, the cost to construct the Facility I exceeds $300,000, the parties shall work together in good faith to negotiate a cost sharing arrangement for any cost above $300,000. In the event the parties cannot agree to a cost sharing arrangement, this LUP is null and void. After construction is complete, t and future construction, and the maintenance and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the Permitee's Engineer. Approval in writing from Permitee's Engineer shall be required for any changes from the approved plan. MnDOT will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, MnDOT will construct the LUP—Standardized LUP Form Page 2 of 6 LU1001 10/30/2020 Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the MnDOT shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. MnDOT shall preserve and protect all utilities located on the lands covered by this LUP and it shall be the responsibility of the MnDOT to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act ("ADA"). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT's invoice. LUP—Standardized LUP Form Page 3 of 6 LU1001 10/30/2020 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11 . ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: Unknown, MN LUP—Standardized LUP Form Page 4 of 6 LU1001 10/30/2020 and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General's Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person; (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP—Standardized LUP Form Page 5 of 6 LU1001 10/30/2020 MINNESOTA DEPARTMENT CITY OF GOLDEN VALLEY OF TRANSPORTATION RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL By: By District Engineer MAYOR, SHEPARD M. HARRIS Date Date APPROVED BY: APPROVED BY COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management City Manager, TIMOTHY J CRUIKSHANK Date Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. LUP—Standardized LUP Form Page 6 of 6 LU1001 10/30/2020 Resolution # 20-65 November 4, 2020 RESOLUTION AUTHORIZING LIMITED USE PERMIT WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION FOR A NON-MOTORIZED RECRETIONAL, TRAIL IN THE RIGHT- OF-WAY OF TRUNK HIGHWAY 55 BETWEEN WINNETKA AVENUE AND GLENWOOD AVENUE WHEREAS , the City of Golden Valley is a political subdivision, organized and existing under the laws of the State of Minnesota; and, WHEREAS, the City Council of the City of Golden Valley has approved a plan to construct a non-motorized recreational trail in the right-of way of Trunk Highway 55 to promote the orderly and safe multi-modal transportation adjacent to the highway; and, WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To operate and maintain a non-motorized recreational trail to be constructed by the Minnesota Department of Transportation within the right- of- way of Trunk Highway 55 (TH 55) of the State of Minnesota along the south side of the roadway between Winnetka Avenue and Glenwood Avenue. The City of Golden Valley shall operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized to execute the Limited Use Permit and any amendments to the Permit. Adopted by the City Council of Golden Valley, Minnesota this 4t" day of November 2020. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk FIFA UTIVE SUMMARY Fire 763-593-8079 / 763-593-8098 (fax) Golden Valley City Council Meeting November 4, 2020 Agenda Item 6. A. First Consideration -Amendment to City Code relating to the crime free and disorderly conduct sections of Chapter 16, Article III, Rental Housing Licensing. Prepared By Ted Massicotte, Deputy Fire Chief Summary At the October 13, 2020, Council/Manager meeting, staff presented Council with proposed amendments to Chapter 16, Article III of the City Code to amend and remove sections relating to crime and disorderly conduct at rental properties. These types of ordinances, known as "crime free housing ordinances, are concerning to fair housing advocates as they unfairly target renters, treating them differently than homeowners; discourage tenants from seeking emergency assistance for fear of being evicted from their homes; and, typically, disproportionately affect people of color since a larger percentage of people of color rent their homes compared to white people. Additionally, according to City records these sections have never been used in Golden Valley since they were adopted. At the Council/Manager meeting, Council reviewed staff's proposed changes, provided feedback, and requested that staff proceed with the proposed changes. These changes include: 1. Removing references to the City's disorderly conduct ordinance. 2. Clarifying that property owners are eligible for a discounted license fee if they participate in the Safer Tenant and Rental (STAR) program. 3. Removing the requirement for landlords to attend crime-free training. 4. Removing the requirement for landlords to include a Crime-Free/Drug-Free Lease Addendum in private rental agreements. 5. Removing the requirement for landlords to take action against tenants if the tenant or their guests engage in conduct deemed disorderly conduct. 6. Eliminating the City's ability to take adverse action against landlords based on the conduct of tenants. Financial or Budget Considerations None Recommended Action Motion to adopt First Consideration, Amendment to City Code Relating to the Crime Free and Disorderly Conduct Sections of Chapter 16, Article III, Rental Housing Licensing or Ordinance No. 694. City Council Regular Meeting Executive Summary 2 City of Golden Valley November 4, 2020 Supporting Documents • Proposed redline of City Code, Ch. 16, Art. III, Rental Housing Licensing (7 pages) • Ordinance No. 694, deleting City Code sections 16-56(i), 16-57, 16-58, and amending sections 16- 54, 16-55, 16-56(c), 16-56(d) 16-56(h), 16-59(a) ARTICLE III. - RENTAL HOUSING LICENSING Sec. 16-53. - Purpose. It is the purpose of this article to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the use and occupancy, construction and maintenance of all residential rental units, buildings and structures within the City. The provisions contained herein are in addition to other applicable provisions of the City Code and not in lieu thereof. (Code 1988, § 6.29(1)) Sec. 16-54. -Scope. The provisions of this article shall apply to all rental dwellings, including rented single-family homes, rented duplexes and rental dwellings within owner-occupied buildings, as well as to rented condominiums, rented townhouses and leasehold cooperative dwelling units, as those terms are defined in Minn. Stat. § 273.124, subd. 6, Minn. Stat. ch. 515A, and this article. (Code 1988, § 6.29(2)) Sec. 16-55. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Annual Renewal Date:The date each year by when a rental license must be renewed, according to the schedule of fiscal years for rental licenses and fees established by the City Council pursuant to Section 16-24. The City Council may establish a different annual renewal date for different types of rental dwellings and/or types of building in which rental dwellings may be located (e.g., single-family homes, duplexes, townhomes, condominiums, homes with services, etc.). Apartment Building:A building in which four or more rental dwellings are located and all such rental dwellings are owned by the same owner. Code Official:The City Manager or h+s'he+their designee— Dwelling Unit:A single dwelling space providing independent living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation. Operate:To charge a rental charge or other form of compensation for the use of a rental dwelling. Owner. The person owning or holding title to a rental dwelling as determined by an examination of record title to the property at the office of the County Recorder- Registrar of Titles. If more than one person owns or holds title to an individual rental dwelling, such persons shall collectively be an owner for purposes of this article. Qualifying Relative:Spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece or nephew. The relationship may be either by blood or marriage. The Code Official may require sufficient written proof to establish whether someone is a qualifying relative. Person:A natural person or legal entity. Property Manager:A person authorized to manage and/or operate a rental dwelling on behalf of an owner. Renewal License:A rental license that is a renewal of an existing rental license granted under this article, which renewal is granted to the same owner and for the same rental dwelling as the existing rental license. Rental License:The license required under this article, including any renewal thereof. Rental Dwelling:A dwelling unit in the City to which a tenant has been granted the right to use. A rental dwelling includes accessory structures such as garages and storage buildings and appurtenances such as sidewalks and retaining walls which are on the premises on which a rental dwelling is located. Tenant:Any person granted temporary use of a rental dwelling, other than the owner of the dwelling unit and/or qualifying relative of that owner, pursuant to a lease or other agreement, whether or not reduced to writing. (Code 1988, § 6.29(3)) Sec. 16-56. - License Required. (a) When Required. (1) No person shall operate a rental dwelling unless the owner thereof shall have first obtained a rental license for such rental dwelling as provided for in this article. Any rental license received under this article shall commence upon the date of issuance and, unless revoked or suspended, shall remain valid until the next applicable annual renewal date, provided no rental license shall extend for more than a 12-month period. A person who is operating a rental dwelling after the rental license has expired is operating an unlicensed rental dwelling. (2) Exceptions: a. A rental dwelling is not subject to this article if it is within a hotel, motel, hospital or a nursing home, assisted living, and other residential facilities or portions thereof licensed and inspected by the State for compliance with State building or fire codes or the City of Golden Valley Property Maintenance Code. A rental dwelling within any of the following types of facilities is subject to this article unless the facility has a facility license issued by the State and is inspected by the State for compliance with State building or fire codes or the City of Golden Valley Property Maintenance Code: group homes, independent living facilities, assisted living facilities, board and lodging homes, and other residential facilities or portions thereof, including those facilities that provide support services for their residents or that receive program reimbursement or financial assistance. b. A room temporarily leased to a natural person within a dwelling unit while the owner of that dwelling unit resides in the dwelling unit shall not be subject to this article, provided no more than three persons shall so lease a room within a dwelling unit at one time. (b) What the Rental License Covers. There shall be one rental license for each rental dwelling, provided when a building on a single premises contains two or more rental dwellings and all the rental dwellings within such building are owned by the same owner, only one rental license shall be required for such building. The City shall have authority to exercise its licensing powers under this article, including the power to issue, renew, deny, revoke, and suspend rental licenses, with respect to an entire building or only a portion of a building. (c) Fees. There shall be annual license fee for each rental license. Such fee shall be in the amount established by the City Council pursuant to Section 16-24. There shall be no proration of rental license fees for a rental license that extends for less than 12 months. The amount of the rental license fee may vary based on the type of rental dwelling, the type of building in which the rental dwelling is located, the number of rental dwellings located in the building that is the subject of a rental license, and the owner or property manager's participation in the STAR program (or similar program) as provided in paragraph (h) of this section. There shall be no fee charged for an initial inspection to determine the existence of any violations of the City Code at a rental dwelling. The City Council shall establish a fee for any reinspections necessary to determine whether identified violations have been corrected, to restore a rental license that has been revoked or suspended, or for any other reason a reinspection may be required under this article. The Code Official may waive the reinspection fee in event of an error or other reasonable cause determined by the Code Official, including extension of time granted for compliance. (d) Application. Application for a rental license shall be made in writing on forms promulgated by the Managep 9F his/her desinneeCode Official and accompanied by the fee amount. In the case of a license renewal, such application shall be submitted at least 30 days prior to the expiration date of the then-existing rental license. If the application for a license renewal is not received by the City at least 30 days prior to the expiration date of the existing rental license, the applicant shall pay a late fee in the amount established by the City Council. The Code Official may waive the late fee in event of an error or other reasonable cause determined by the Code Official. All applications shall specify the following: (1) Name, address, and telephone number of the owner of the rental dwelling, including name of the contact person if the owner is a legal entity. (2) Name, address, and telephone number of any property manager actively managing said rental dwelling. (3) Name and address of the vendee if the rental dwelling is owned or being sold on a contract for deed. (4) Legal address of the rental dwelling. (5) Number of rental dwellings that are the subject of the application if the application involves a building in which two or more rental dwellings are located and all such rental dwellings are owned by the same owner. (6) Name, address and telephone number of on-site operating manager, if any. (7) Any other information requested by the Code Official to establish compliance under this article. (8) If the owner identified in the application is a legal entity, the applicant shall submit, upon request of the Code Official, the name and address of all partners, shareholders or interest holders. (e) Inspections Required. Each rental license application and rental license is at all times subject to the Code Official's right to inspect the affected rental dwelling to determine whether it is in compliance with the City Code and State law. The Code Official shall determine the schedule of periodic inspections. Inspections may include all common areas, utility and mechanical rooms, garages, exterior of structures and exterior property areas. (f) Access for Inspection. No rental license shall be issued under this article unless the owner of the rental dwelling agrees to permit inspections, upon reasonable notice from the Code Official to the owner, to determine compliance with the City Code and State law. The submission of a rental license application or the possession of a rental license issued by the City shall constitute such agreement by the owner identified in the application or on the rental license. Each tenant shall grant access to any part of its rental dwelling at reasonable times for the purpose of effecting inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this article. If any owner, owner's agent, property manager or tenant fails or refuses to permit entry to a rental dwelling under its control for an inspection pursuant to this article, the Code Official may pursue any remedy at law or under the City Code, including, but not limited to, securing an administrative search warrant for the rental dwelling, issuing an administrative citation, denying a rental license application, revoking or suspending a rental license, or denying a renewal license. Without limiting the foregoing, should an owner, owner's agent, or property manager fail to keep a scheduled inspection without reasonable cause or refuse to permit entry to the rental dwelling, a reinspection fee may be charged. (g) Resident Agent Required. No rental license shall be issued for a rental dwelling unless: (1) The owner thereof resides within the Counties of Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, Washington, Sherburne or Wright; or (2) The owner designates in writing an agent or property manager residing or located within such counties who is responsible for maintenance and upkeep of the rental dwelling and who is authorized to provide the Code Official access to the rental dwelling, to receive service of notice of violations of the City Code, to receive orders from the Code Official and to institute remedial action to effect such orders and to accept all service of process pursuant to law. (h) Grime-Free Landlord Training. An owner or property manager w#athat owns or manages more than one rental dwelling in the city MUSt nmmPlefe a prime_free fminingmay qualify for a discounted license fee by participating in the Safer Tenant and Rental (STAR) program (or similar program) approved by the City' PORSOR who 'S ROt required tO GOMPlete this training PUA-;I-IaAt to- the foregoing and that FA-Atal dvvelling Council. Feenewalf9- a rental dAA.98lling even6Iferf afFer Ianllan/ 1 201 7?hall nnnfoin the fnllnniinn the PFGMM;se;s. tenant shall nnf nermif the ronfol fe he used fnr r fe fanilifafe illegal anfivity, anfivify is a member of the hni isehnbJ nr a guest tGAaAt shall RE)t @Rgage 'A the I-IRIEW.A.44-11 M a A I-IfaGW Fong, selling, using, steFing, keeping, 9F [21 I ICI•` 902]) n r the n 84. ViOlatiA—A of the above provisions shall h-e- -a Material and irreparable ViOlatiAM of the lease an4- g E)ed n e fnr immediate termination of fenann.. ndFug Felated illegal aGtiVity" FRA—ARS-3 the illegal manufaGWFG, sale, distFibution, use, d-GfinerJ in C`entlnn 10:2 nffhe (`nnfrnllerf SIlhstanne Onf [21 I IQ(` 902]) the lease anrf rfn nnf limit nr renlane any other pmvisinns i) Reserved. Q) Posting. All apartment buildings shall post the rental license issued for that building. The rental license shall be conspicuously posted (in a frame with a glass covering), in a common area, hallway or lobby. All other rental dwellings shall have a copy of the rental license on the premises. (k) Applicable Laws. Rental licenses shall be subject to the applicable provisions of the City Code and State law relating to rental dwellings. (1) Transfer of License. No rental license under this article is transferable: (1) If any owner holding a rental license transfers ownership or legal control of the rental dwelling that is the subject of the rental license (2) If the owner appoints or changes the agent required under Subsection (g) of this section; and/or (3) If the owner authorizes a property manager to manage the rental dwelling (other than a property manager identified in the application for the rental license), then the owner shall provide the Code Official written notice of such event within 72 hours thereafter. Such notice shall include, as applicable: a. The name and address of the person succeeding to the ownership or control of such rental dwelling b. The name and address of the appointed agent; and c. The name and address of the authorized property manager. Any new owner shall apply for a new rental license within three days after its acquisition of the rental dwelling. (Code 1988, § 6.29(4)) Sec. 16-57. -reRde„est o^ I; od Premises Reserved. (1) Minn. Sta,tts. §§ 6909.75 through 6909 769 and Ortinlo XV of this h FWhinh prohibit gambling (2)M-Irn. Stais� G2�31 th�r Fouugrhi 6909.324 eihinh nrnhihi#IS PFnP;Stit61tinn anrt antis -ola�ng tho�op (3\ Minn. §§ 152.01 through 1152.025 and 152.027, subds. 1 and2Whinh nrnhihit the uplay.fful salo or nossossion of nontrollori shsta nnos (4) Mi�ciaa-ts. C 340 nn1 nihinh nroh0hit1._; the n�la�n,f��alo of alnoholin bey@Fages (5\ Mi�ciaa-ts. C 2400 503 nihinh nroh0hit1._; the u ge use of olnnhnlin bey@Fages (62\ Minn. # C 6 09 77 and Sertinn 10 1 7 d 1R_A hinh rnhihi# di rriorly TAT rrr— S. Sir— ra-Ncr-r�r��v,r^prvrrrvrcS�rsvB,�-crrr ro nrtiint yVhon the Violation distiirhs the peaGe and quiet of the nnniinants of at least nno An it nn the IinonrJn r@mrri - n ether n mid other than the unit nnn-61niorJ by the PeFSeR mit+inn the . ela+inn• and (7) Minn Ctats §§ 97E3.021, 97R 045 609.66 through 609.67 anri 624.712 hroiigh 64.74- hinh prohibit the uplay.40 pessessNn�Tsporta#inn solo or Use of a weapon Sec. 16-58. - ^i.-9FdeFI.,(;91Rd,,C+WAl-.+io^ Reserved. 504B205, s6lb-d. 24. It s8hall not ho n ^ossar„ that ^riminal ^haFges be bFought to support events ef diSeFdGFIY GenE]uGt at a rental dwelling with a 36 menth peFied, the GeGIG OffiGial shall send i#niren warning to the eWAAr of si inh rental dwelling notifying the n�niner that- (1) if them is an additienal event ef diseFdedy GenduGt at the identified Fental dwelling within the ry reynna#inn, s en s pension nn n_reVnial OF rienial of a rental Ilnense (2) Within 10 days afteF the Gede OffiGal's issuaRGe ef the wFitten waming, the ewneF shall submit te token and prnpnsed to be token by the n r to proven# fiirkher diseFdedy nnnri11nt at the identifier! rental dwelling (3) Within 20 days after the aGGeptanGP-- of the Management plan by the Code Offir--mal aAd- the Relir-e- Deparkment the n\nlner droll implement all the prnvisinns of the management plan; and (4) if the ewneF fails te Submit eF implement a management p! d, SUGh failum shall 0RGludirrng the reynnatinn, s en spensinn nn n_reVnial OF rienial of a rental Ilnense mvrmz , (d) If th@ 9WROF fails to pFevide 9F implement a management plan within the peFied r4eqwiFed, 9F th@Fe is aR- fa ilre shall he a violation - dt;rthis article Sec. 16-59. - Revocation or Suspension of Rental License. (a) In addition to its powers under Section 16-23, the City Council may revoke, suspend, deny or decline to renew any rental license applied for or issued under this article based on any of the following circumstances: (1) The rental license was procured by misrepresentation of material facts with regard to a rental dwelling or the ownership of a rental dwelling. (2) The applicant, or one acting in the applicant's behalf, made oral or written misstatements accompanying the application. (3) The applicant has failed to comply with any condition set forth in any other permits/licenses granted by the City. (4) The activities of the owner create or have created a danger to the public health, safety or welfare. (5) The rental dwelling, the building of which such dwelling is a part, or any portion thereof, contains conditions that might injure, or endanger the safety, health or welfare of any member of the public. (6) Failure to correct violations of the City's Property Maintenance Code in the time period specified in the notice of violation and correction. (7) Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the rental license. 49 Q Any other violation of this article. (b) Prior to any revocation, suspension, denial or declination by the City Council under this article, the Code Official shall send written notice to the owner specifying the ordinance or law violations with which they are accused and the affected rental dwelling. The notice shall also specify the date for the hearing before the City Council, which shall not be less than 10 days from the date of the notice. At the hearing before the City Council, the owner or their representative may submit and present evidence on their behalf. After the hearing, the City Council may revoke, suspend, deny or decline to renew the rental license. (c) If the affected rental dwelling is within a building containing more than one rental dwelling owned by the same owner, the revocation, suspension, denial or declination may apply to one or more rental dwellings within that building, at the discretion of the City Council. (d) If a rental license is suspended, revoked or not renewed pursuant to this article, then until such time as a valid rental license has been restored it shall be unlawful for the owner to thereafter permit any occupancy of the formerly licensed rental dwelling by a tenant. The affected rental dwelling shall be vacated by all tenants, giving tenants a reasonable time to arrange new housing and to move their possessions. (e) Rental licenses may be suspended for up to 120 days and may, after the period of suspension, be reinstated subject to compliance with this article and any conditions imposed by the City at the time of suspension. Rental licenses that are revoked shall not be reinstated for a period of up to 120 days and until the owner has applied for and secured a new rental license and complied with all conditions imposed at the time of revocation and all applicable sections of the City Code. (Code 1988, § 6.29(7)) Sec. 16-60. - Maintenance Standards. Every rental dwelling shall be maintained in accordance with the minimum standards set forth in State law and the City Code, in addition to any other permits issued by the City or by the State. (Code 1988, § 6.29(8)) Sec. 16-61. -Conflicts. Where there are conflicts between this article and any other provision of the City Code or other State or Federal laws, regulations, or rules, the more restrictive shall govern. (Code 1988, § 6.29(9)) Sec. 16-62. - Enforcement. The Code Official is hereby authorized and directed to enforce all of the provisions of this article and all the provisions of the City's Property Maintenance Code with respect to rental dwellings. (Code 1988, § 6.29(10)) Sec. 16-63. -Owner and Tenant Responsibilities. (a) Owner. (1) Owners of rental dwellings shall construct and maintain said dwellings in accordance with the requirements of the City Code. (2) No person shall lease to another for occupancy any rental dwelling which does not comply with the applicable fire prevention provisions of the City Code. (b) Tenant. (1) Each tenant of a rental dwelling shall keep in a clean and sanitary condition that part of the dwelling and related premises which that person occupies or controls. (2) No person shall occupy any rental dwelling which does not comply with the applicable fire prevention provisions of the City Code. (Code 1988, § 6.29(i l)) Sec. 16-64. - Notices and Orders of Code Official. (a) Notice. Whenever the Code Official determines that a rental dwelling, a building of which such dwelling is a part, or any portion thereof violates any section of the City Code or that there are reasonable grounds to believe that a violation exists, notice shall be given in the manner set forth in Section 107 of the City's Property Maintenance Code, provided in all instances such notice shall also be provided to the applicable owner, if such Section 107 does not require such notice to be sent to the owner. (b) Emergency Orders. Whenever the Code Official finds that an emergency exists in relation to the enforcement of the provisions of this article which requires immediate action to protect the health, safety or welfare of occupants of any rental dwelling, a building of which such dwelling is a part, or any portion thereof, the Code Official may issue an order reciting the existence of such emergency and requiring that such action be taken as deemed necessary to meet the emergency, notwithstanding any other provision of this article. (Code 1988, § 6.29(12)) Sec. 16-65. -Administrative Citation. The Code Official may issue one or more administrative citations under Section 1-9, to enforce any provision in this article and, in addition to imposing monetary fines, such citations may require corrective actions. (Code 1988, § 6.29(13)) Sec. 16-66. -Appeal Process. Any person directly affected by an administrative citation, decision or order issued by the Code Official pursuant to this article shall have the right to appeal to a hearing officer in an administrative hearing as provided for in Section 2-4. The City Council may establish by ordinance a fee that must accompany any such appeal under this article. (Code 1988, § 6.29(14)) Sec. 16-67. - No Warranty By City. By enacting and undertaking to enforce this article of the City Code, neither the City nor its Council, agents, or employees warrant or guaranty the safety, fitness or suitability of any rental dwelling or dwelling unit in the City and any representation to the contrary by any person is a misdemeanor. Owners, their agents, property managers and tenants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare. (Code 1988, § 6.29(15)) Sec. 16-68. -Violation a Misdemeanor. Every person who violates a section, paragraph or provision of this article when such person performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. (Code 1988, § 6.29(16); Ord. No. 564, 2nd Series, 7-31-2015) Secs. 16-69-16-94. - Reserved. ORDINANCE NO. 694 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 16, Article III — Rental Housing Licensing The City Council of the City of Golden Valley hereby ordains as follows: Section 1 . City Code Chapter 16, Article III, Section 16-54 is amended to read as follows: Sec. 16-54. - Scope. The provisions of this article shall apply to all rental dwellings, including rented single- family homes, rented duplexes and rental dwellings within owner-occupied buildings, as well as to rented condominiums, rented townhouses and leasehold cooperative dwelling units, as those terms are defined in Minn. Stat. § 273.124, subd. 6, Minn. Stat. ch. 515A, and this article. Section 2. City Code Chapter 16, Article III, Section 16-55 is amended to read as follows: Sec. 16-55. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Annual Renewal Date: The date each year by when a rental license must be renewed, according to the schedule of fiscal years for rental licenses and fees established by the City Council pursuant to Section 16-24. The City Council may establish a different annual renewal date for different types of rental dwellings and/or types of building in which rental dwellings may be located (e.g., single- family homes, duplexes, townhomes, condominiums, homes with services, etc.). Apartment Building: A building in which four or more rental dwellings are located and all such rental dwellings are owned by the same owner. Code Official: The City Manager or their designee. Dwelling Unit: A single dwelling space providing independent living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation. Operate: To charge a rental charge or other form of compensation for the use of a rental dwelling. Owner. The person owning or holding title to a rental dwelling as determined by an examination of record title to the property at the office of the County Recorder - Registrar of Titles. If more than one person owns or holds title to an individual rental dwelling, such persons shall collectively be an owner for purposes of this article. Qualifying Relative: Spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece or nephew. The relationship may be either by blood or marriage. The Code Official may require sufficient written proof to establish whether someone is a qualifying relative. Person: A natural person or legal entity. Property Manager. A person authorized to manage and/or operate a rental dwelling on behalf of an owner. Renewal License: A rental license that is a renewal of an existing rental license granted under this article, which renewal is granted to the same owner and for the same rental dwelling as the existing rental license. Rental License: The license required under this article, including any renewal thereof. Rental Dwelling: A dwelling unit in the City to which a tenant has been granted the right to use. A rental dwelling includes accessory structures such as garages and storage buildings and appurtenances such as sidewalks and retaining walls which are on the premises on which a rental dwelling is located. Tenant: Any person granted temporary use of a rental dwelling, other than the owner of the dwelling unit and/or qualifying relative of that owner, pursuant to a lease or other agreement, whether or not reduced to writing. Section 3. City Code Chapter 16, Article III, Section 16-56(c) is amended to read as follows.. (c) Fees. There shall be annual license fee for each rental license. Such fee shall be in the amount established by the City Council pursuant to Section 16-24. There shall be no proration of rental license fees for a rental license that extends for less than 12 months. The amount of the rental license fee may vary based on the type of rental dwelling, the type of building in which the rental dwelling is located, the number of rental dwellings located in the building that is the subject of a rental license, and the owner or property manager's participation in the STAR program (or similar program) as provided in paragraph (h) of this section. There shall be no fee charged for an initial inspection to determine the existence of any violations of the City Code at a rental dwelling. The City Council shall establish a fee for any reinspections necessary to determine whether identified violations have been corrected, to restore a rental license that has been revoked or suspended, or for any other reason a reinspection may be required under this article. The Code Official may waive the reinspection fee in event of an error or other reasonable cause determined by the Code Official, including extension of time granted for compliance. Section 4. City Code Chapter 16, Article III, Section 16-56(d) is amended to read as follows: (d) Application. Application for a rental license shall be made in writing on forms promulgated by the Code Official and accompanied by the fee amount. In the case of a license renewal, such application shall be submitted at least 30 days prior to the expiration date of the then-existing rental license. If the application for a license renewal is not received by the City at least 30 days prior to the expiration date of the existing rental license, the applicant shall pay a late fee in the amount established by the City Council. The Code Official may waive the late fee in event of an error or other reasonable cause determined by the Code Official. All applications shall specify the following: Section 5. City Code Chapter 16, Article III, Section 16-56(h) is amended to read as follows: (h) Landlord Training. An owner or property manager that owns or manages more than one rental dwelling in the city may qualify for a discounted license fee by participating in the Safer Tenant and Rental (STAR) program (or similar program) approved by the City Council. Section 6. City Code Chapter 16, Article III, Section 16-56(i) entitled "Crime Free/Drug Free Lease Addendum Requirements" is repealed in its entirety and is reserved for future use. Section 7. City Code Chapter 16, Article III, Section 16-57 entitled "Conduct on Licensed Premises" is repealed in its entirety and is reserved for future use. Section 8. City Code Chapter 16, Article III, Section 16-58 entitled "Disorderly Conduct Violations" is repealed in its entirety and is reserved for future use. Section 9. City Code Chapter 16, Article III, Section 16-59(a) is amended to read as follows: Sec. 16-59. - Revocation or Suspension of Rental License. (a) In addition to its powers under Section 16-23, the City Council may revoke, suspend, deny or decline to renew any rental license applied for or issued under this article based on any of the following circumstances: (1) The rental license was procured by misrepresentation of material facts with regard to a rental dwelling or the ownership of a rental dwelling. (2) The applicant, or one acting in the applicant's behalf, made oral or written misstatements accompanying the application. (3) The applicant has failed to comply with any condition set forth in any other permits/licenses granted by the City. (4) The activities of the owner create or have created a danger to the public health, safety or welfare. (5) The rental dwelling, the building of which such dwelling is a part, or any portion thereof, contains conditions that might injure, or endanger the safety, health or welfare of any member of the public. (6) Failure to correct violations of the City's Property Maintenance Code in the time period specified in the notice of violation and correction. (7) Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the rental license. (8) Any other violation of this article. Section 10. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 4th day of November, 2020. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting November 4, 2020 Agenda Item 6. B. First Consideration of Ordinance No. 695 Amending City Code, Section 18-2 Disorderly Conduct Prepared By Maria Cisneros, City Attorney Jason Sturgis, Police Chief Nicole Appelbaum, Chestnut Cambronne Summary In looking at the Crime Free Housing Ordinance, staff noticed that the current disorderly conduct ordinance (City Code § 18-2) contains some ambiguities and overlap with state statute. Staff discussed the ordinance with the City Prosecutor, Chestnut Cambronne, and recommends making the following changes to the ordinance: • Remove paragraphs 1, 4, 5, 8 and 9 because they overlap with existing state statute. • Broaden the language in paragraph 2 to include additional bodies of water in Golden Valley. • Modify the language in paragraph 3 to simplify the section, and to add the requirement that the offending conduct occur in a place in which it could be observed by a member of the public. • Modify paragraph 6 so that it applies to sound on public and private property and to clarify the standard of conduct. • Modify paragraph 7 to add lasers and strobe lights, and change the standard from "annoy or endanger" to "disturb or endanger." Financial Or Budget Considerations None Recommended Action Motion to adopt first consideration of Ordinance #695 deleting City Code section 18-2: Disorder Conduct—Generally in its entirety and replacing it with a new section 18-2. Supporting Documents • Proposed redline of City Code, section 18-2 with underline/overstrike (1 page) • Ordinance 695 deleting City Code, section 18-2 in its entirety and replacing with a new section 18-2. ORDINANCE NO. 695 AN ORDINANCE AMENDING THE CITY CODE Deleting Chapter 18, section 18-2: Disorderly Conduct—Generally, and replacing it with a new section 18-2: Disorderly Conduct—Generally The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 18, section 18-2: Disorderly Conduct—Generally is hereby deleted in its entirety and replaced with the following: Sec. 18-2. Disorderly Conduct—Generally It is unlawful for any person, in a public or private place, knowing, or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace, to do the following: (1) Whether or not posted with signs so prohibiting, voluntarily enter, from public property or the property of another without consent, the waters of any river, lake, creek, pond, or public swimming pool at any time when said waters are not properly supervised by trained life- saving personnel in attendance for that purpose, or enter such waters without being garbed in a bathing suit sufficient to cover their person and equal to the standards generally adopted and accepted by the public. (2) Urinate or defecate on any public street, alley, sidewalk or floor of any public building or of any building where the public gathers or has access, or in any other place, whether public or private, where such act could be observed by any member of the public, except in such place that has been designated as a restroom. (3) Use a sound amplifier upon streets and public property without prior written permission from the City, or on any private property in a manner knowing or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace. (4) Use a flashlight, laser, strobe light, or spotlight in a manner so as to disturb or endanger others Section 2. City Code Chapter 1 entitled "General Provisions" and Sec. 1-8 entitled "General Penalty; Continuing Violations" are hereby adopted in their entirety, be reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 4th day of November, 2020. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk Sec. 18-2. - Disorderly Conduct—Generally. It is unlawful for any person, in a public or private place, knowing, or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace, to do the following: ji Knowingly engage on, offer, or attempt to engage On, aid or assist another to engage in, or 0 nherently likely to provoke a vielent rear--teen er tend to inr__ete an of t Peaee (2) Whether or not posted with signs so prohibiting, voluntarily enter, from public property or the property of another without consent, the waters of any river, lake, creek, pond, or public swimming pool at any time when said waters are not properly supervised by trained life- saving personnel in attendance for that purpose, or enter such waters without being garbed in a bathing suit sufficient to cover h+s�heir person and equal to the standards generally adopted and accepted by the public. (3) Urinate or defecate on any public street, alley, sidewalk or floor of any public building or of any building where the public gathers or has access, or in any other place, whether public or private, where such act could be observed by any member of the public, except in such place that has been designated as a restroom. ir, r Ge, Gt4er+►,ter,: h If An�privatePrvPeFt�, n�--Gf aRGtheF, theR OR a n16imhiRg fiv+iiFe nrnVided fArr�+hTg„+ P61FPGSe; GIr _(4) 1=9 k, peer, Peep ir,+ aR y Wir,dew, deer, skrlig"+T-GF Gt,heF Gpep„9 OR a heuse, reem, 9 (6) Use a sound amplifier upon streets and public property without prior written permission from the City, or on any private property in a manner knowing or having reasonable grounds to know, that it will, or will tend to, alarm, anger or disturb others or provoke any assault or breach of the peace. (7) Use a flashlight, laser, strobe light, or spotlight in a manner so as to a+Rey-disturb or endanger others Inr�+o rJ +horonr, , , (9) StFeW, GGatteF, litter, threw, dispese ef er depesit aRy reficise, garbage, A-P rubbish ---.AtG aRy Premises e)(G-ept ORtG reeeptacles ev+ edfA_F SHIGh P61FPGSe; (19)€ terarRry "' GtGF Vehirlo n rh reF VVitrhrvcFt thf-9 G-A_ rSe lt A-Tthe ey.4per^—i eperatvr. (Code 1988, § 10.60) EXECUTIVE SUMMARY City Administration 763-593-8006 / 763-593-8109 (fax) Golden Valley City Council Meeting November 4, 2020 Agenda Item 6. C. COVID-19 Pandemic Emergency Administrative Actions Prepared By Tim Cruikshank, City Manager Maria Cisneros, City Attorney Summary The City Manager and City Attorney recommend that the City Council ratify the attached Emergency Administrative Actions approved by the City Manager since October 7, 2020 in response to the COVID- 19 pandemic. The new actions include: • Emergency Administrative Action 20-68 Approving Amendment to Grant Contract with the State of Minnesota. This action extends the time for the City to perform under the Capacity Building Grant from Minnesota Housing Finance Agency. • Emergency Administrative Action 20-69 updating the COVID-19 Operations Recovery and Readiness (CORR) Plan. The updated section relates to the screening and symptoms policy and updated quarantine and return to work guidelines. • Emergency Administrative Action 20-70 updating the COVID-19 Operations Recovery and Readiness (CORR) Plan. The updated section related to additional requirements for upcoming Park & Recreation activities. The updated CORR Plan is on file with the City Clerk and available for review here. Financial or Budget Considerations Not Applicable Recommended Action Motion to ratify Emergency Administrative Actions 20-68, 20-69, and 20-70 Supporting Documents • Emergency Administrative Action 20-68 (1 page) • Amendment#01 for Grant Agreement# OTA-16 (2019) • Emergency Administrative Action 20-69 (1 page) • Emergency Administrative Action 20-70 (1 page) city of Alden vaWlAr e Y 7800 Golden Valley Road Golden Valley, MN 55427 EMERGENCY ADMINISTRATIVE ACTION 20-68 APPROVING AMENDMENT TO GRANT CONTRACT WITH THE STATE OF MINNESOTA Pursuant to Mayoral Proclamation and Council Resolution effective March 17, 2020,the City of Golden Valley hereby approves the attached Amendment 1 to Grant Contract between the City of Golden Valley and the State of Minnesota through its Commissioner of Minnesota Housing Finance Agency. Tl�wo o;7C� kfhae� Date: October 22, 2020 TI--othyJCru s)a)Fipct23,202D_2 LDT- Timothy J. Cruikshank, City Manager 763-593-8000 Fnx763-593-8109 TTY 763-593-3968 kNrw%v,go: ideii�ivci�Reyn,ii�n.go i STATE OF MINNESOTA GRANT CONTRACT This Grant Contract is between the State of Minnesota, acting through its Commissioner of Minnesota Housing Finance Agency(the"STATE") and the City of Golden Valley, 7800 Golden Valley Road, Golden Valley,MN 55427(the "GRANTEE"). Recitals 1. Under Minn. Stat. 462A.05, Subd. 7, the State is empowered to enter into this Grant Contract. 2. The State is in need of increase capacity of housing development partners. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Contract to the satisfaction of the State. Pursuant to Minn Stat.§16B-98, Subd.l, the Grantee agrees to minimize administrative costs as a condition of this Grant Contract. Grant Contract 1 Term of Grant Contract 1.1 Effective date: October 15, 2019, or the date the State obtains all required signatures under Minn. Stat.§16B.9 , Subd. 5, whichever is later. Per, Minn,Stat.§16B.9S Subd. 7, no payments will be made to the Grantee until this Grant Contract is fully executed. 1.2 Expiration date: October 31, 2020, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this Grant Contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15. Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: 2.1 Comply with required grants management policies and procedures set forth through !\,Iwn.St2t.wB.97, Subd. 4(a) (1) and review the State of Minnesota off-ice of'CiFai7ts Manavement ILO licy U�'-U 1, (Conflict of Interest for State Grant-Making). if the Grantee has knowledge or becomes aware of any actual,potential, perceived, or organizational conflicts of interest with respect to the Grant Contract, the Grantee shall immediately disclose the conflict of interest directly to the State. 2.2 Select and hire a contractor to conduct community engagement forums about affordable housing placing a specific emphasis on including diverse communities in the engagement and decision making processes. The contractor shall have a deep understanding of and experience working with diverse communities and must use proven strategies for engaging with diverse communities on affordable housing or similar issues. 2.3 Seek input from community organizations, including the Golden Valley Housing Coalition,Rising TIDES Equity Task Force, Golden Valley Human Rights Commission and others to conduct community engagement around affordable housing. The community engagement process shall include design meetings with stakeholders, including the Grantee's Rising TIDES Equity Task Force, Golden Valley Human Rights Commission,and other community groups from diverse communities and communities that the Grantee aims to serve through its affordable housing policy. 2.4 Subject to City Council approval,propose land parcels to transfer to non-profit partners,such as West Hennepin Affordable Housing Land.Trust or Habitat for Humanity, for construction and maintenance of land trust properties or other affordable housing projects. i 041019 updated Competitive Grant Agreement for Nongovernmental Organizations 2.5 Participate in the development of a legal research memo and solution for MNDOT conveyance parcels. 2.6 Develop a summary of the process used to engage the public around affordable housing and to convey MNDOT turnbaek parcels for affordable housing,to be used and replicated in other cities. 2.7 Work with Rising TIDES Equity Tack Fore and Goldses n Vilaffordable hous 1Human Rights Commission to create a public land disposition policy that 2.8 Create a fair housing policy. 2.9 Guide at least eight parcels of land currently zoned as right of way to be zoned for residential use for affordable housing development. 2.10 Support recipients of land conveyed by Grantee in the construction and mortgage process to make use of such parcels for land trust homes targeted to purchasers at 80%AMI or below or other affordable housing projects. 2.11 Present the legal research filidings and Project (as defined below)results to the League of Minnesota Cities and the American Planning Association. 2.12 Participate in two check-ins with staff of the State: once between January 27and February 28, 2020 and once between June 1 and July 2, 2020. 2.13 Submit a one-page report six months after Grant Contract execution outlining work completed, areas of challenge or concern, any support needed from the State, and a Financial Report(Attachment A) with a side-by-side comparison of the proposed budget(see Attachment B for proposed budget) for the Grant Funds (as defined below) and actual expenses. 2.14 By October 31, 2020,provide the State with a Final Report which includes the following: 1. Financial.Report for the Grant Contract period with a side-by-side comparison of the proposed budget for the Grant Funds and actual expenses. 2. Expected and achieved outcomes. 3. Top three to five successes and challenges of the project funded by this Grant Contract (the"Project"). 4. The impact this Project has had on the Grantee,the field of work, and the community. 5. If any Project outcomes were not achieved, the additional work that would be required to achieve them. 6. Next steps,if any, for continuing the Project. 3 Time The Grantee must comply with all the time requirements described in this Grant Contract. In the performance of this Grant Contract,time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this Grant Contract as follows: (a) Compensation The Grantee will be paid a lump sum of$22,000. (b) Travel Expenses Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this Grant Contract will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current"Commissioner's Plan"promulgated by the Commissioner of Minnesota Management and Budget(MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. a 041019 updated Competitive Grant Agreement for Nongovernmental Organizations (c) Total Obligation. The total obligation of the State for all compensation nd reimbursements to the Grantee under this Grant Contract will not exceed$22,000 (the Gran ) 4.2 Payment (a) Invoices The State will promptly pay the Grantee n tad ttntract es �r StGrant Contract.receipt o an invoice demonstrating successful completion Payment shall be made according to the following schedule: $17,600 shall be paid upon execution of this Grant Report, . The remaiiiing subjectto succ��fu�monitoring. 00 shall be distributed upon receipt of an invoice and theport, (b) Unexpended Funds The Grantee must promptly return to the State any unexdd funds have not been accounted for annually in a financial report to the State due at Grant Contract 4.3 Contracting and Bidding Requirements Per Minn. Stat. 471.345, grantees that are municipalities as defined in Subd. 1 must follow the law. For projects that include construction work of$25,000 or more,prevailing wage rules apply per 1'dlinn. roject is subject to Stagy 77.41 through 177_ : consequentlywes of laborers and workers bid request must state the phauld be comparable to pi-evuiliiig wage.These rules require that the g wages paid for similar work in the community as a woAccording ubl c bui di g or other.public work of a "project"is defined as the"erection, remodeling, orepairing p financed in whole or in part by state funds". This state prevailing wage requirement may be affected if federal prevailing wage requirements also apply to the same project. 5 Conditions of Payment All services provided by the Grantee under this Grant Grant Contract Representative must be all as determined at the sole oand armedn accordance with to the Ste's fa ti discretion of the Stateon, Authorized eive applicable federal,state, and local laws,ordinances, lesoan regulation ins. The on of federalee will not iol , statecor local payment for work found by the State to be-unsatisfactory per law. 6 Authorized Representative The Statds Authorized Representative is Alyssa We1-296-°6°17 Al Community a.wet el-Moore@a state.mn.us 4a Wabasha St. N., Ste 400, Saint Paul,MN 55102, 651-296 y his/her successor, and has the responsibility to monitor the Grant If the vices areosatisfactory,the St tesee's erfrmance and the ty to accept the services provided under this Grant Cont Authorized representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Jason Zimmer►nan, Planning Manager, 7800 Golden Valley If the Grantee Road, Golden Valley,MN 55427, 763�-593-8099, J2in st immediately rn�ai�� ir.��c�ldenvalleyl�lt� ately Authorized Representative changes at any time duri ng th i s G rant Contract,the Grantee mu notify the State. 7 Assignment Amendments,Waiver, and Grant Contract Complete 7.1 Assignment is or obligations under this Grant Contract without The Grantee shall neither assign nor transfer any rights g the prior written consent of the State,approved by the same parties who executed and approved this Grant Contract, or their successors in office. 3 041019 updated Competitive Grant Agreement for Nongovernmental organizations 7.2 Amendments effective until it has been Any amendments to this Grant Contract must executed and approved t in writing and will not he anginal Grant Contract, or executed and approved by the same parties whoo their successors in office. 7.3 Waiver ision of this Grant Contract, that failure does not waive the provision If the State fails to enforce any prov or the State's ri4.;lht to enforce it. 7.4 Grant Contract Complete This Grant Contract contains all negotiations and agreements ittenen the State and the Grantee, No or oral. ay be used to bind either other understanding regarding this Grant Contract,whether party. 8 Liability The Grantee must indemnify, save,and hold the State, tse State, risinglfrorn the performance afthis s or causes of action, including attorneys fees incurred l)Ynot Grant Contract by the Grantee or the Grantee's agents or employees. s. This clause fulfill its bl ill ion be con t sed to bar any legal remedies the Grantee may have for the States fail Grant Contract. 9 State Audits Under Ntitii�JStat. l6B.98, Subd.8,the Grantee's to this GrantCont act or transaction are rsubject toures and practices of the Grantee or other party relevan for a minimum of examination by the State and/or the State Auditor or Legislative Auditor, as appropriate,period six years from the end of this Grant Contract,receipt and approval v hevefi s l reports,or the r uired p of time to satisfy all state and program retention requYrenien 10 Government Date Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota GovernmentDa�t5 aIidtasit applies to all data 1 13, as it applies to all data provided by the State under thus Grant created, collected, received, stored,used,maintained, or disseminated ha by he data referred t Grantee under tin this Contract.The civil remedies of Minn. Star. 13.08 apply to clause by either the Grantee or the State. if the Grantee receives rig request Statest to release e the data referred to in this Clause,the Grantee must immediately notify the e data to the Stat requesting p before the data is released. The tee instructions concerninthe reqg the uest shall se of hcomply with applicable laws. Grantee's response to n 10.2 Intellectual Property Rights A. Intellectual Property Rights. The Grantee shall own all sritgade se e a i trademarks,and service ll of th intellectual property rights, including copyrights, patents, and service marks in the WORKS and DCICUMENTS'databaWORKS es, computer P QglTarrls,reports, studies, or discoveries (whether yr not patentable), es, and disks, eollceived, photographs, negatives,designs,drawings, specifications,materials,tapes, and sub-grantees, either reduced to practice, created)or originated by the Grantee,its employees, individually or jointly with others,in the performance of this Granof fany databases,Contract ORK computer include the DOCUMENTS. The DOCUMENTS a b't programs,reports,notes, or other materials e o sub- t es dd erran ein the perior ancether intangible or lof thisrGrant forms,prepared by the Grantee, Its employe Contract. The DOCUMENTS shall be the exclusive property of the Grantee. The State agrees to, and hereby does, assigm all rights,title, and interestthe rt mes have f e in the WORKS Oex cute all and hpapers DOCUMENTS to the Grantee. The State shall, at and perform all other acts necessary to transfer or record the Grantee's ownership interest in the WORKS and DOCUMENTS. 4 041019 updated Competitive Grant Agreement for Nongovernmental Organizations B. Obligations. The Grantee represents and warrants to the State that the WORKS and DOCUMENTS do not and shall not infringe upon any intellectual property rights of others. The Grantee shall indemnify,defend,and hold harmless the State, at the Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the WORKS or DOCUMENTS infringe upon intellectual property rights of others. The Grantee shall be responsible for payment of any and all such claims, demands,obligations,liabilities, costs,and damages including,but not limited to, attorney fees. 1f such a claim or action arises, or in the Grantee's or the State's opinion is likely to arise,the Grantee shall, at the State's discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace;or modify the allegedly infringing WORKS or DOCUMENTS as necessary and appropriate to obviate the infringement claim. This remedy of the State shall be in addition to and shall not be exclusive to other remedies provided by law. C. License to the Stag The Grantee hereby grants to the State a perpetual, irrevocable, no-fee right and license to make,have made, reproduce,modify, distribute,perform, and otherwise use the WORKS and DOCUMENTS for any and all purposes,in all forms and manners that the State, in its sole discretion,deems appropriate. The Grantee shall,upon the request of the State, execute all papers and perform all other acts necessary, to document and secure said right and license to the WORKS and DOCUMENTS by the State. At the request of the State,the Grantee shall permit the State to inspect the original DOCUMENTS and provide a copy of any of the DOCUMENTS to the State, without cost, for use by the State in any manner the State,in its sole discretion, deems appropriate. 11 Workers Compensation pertaining to workers' The Grantee certifies that it is in compliance with Minn. Stat. 176.181,Subd. 2,p g compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' of any act or ss on Act on n anethe part of thesehalf of employees and any claims made by any third party as a consequence these employees are in no way the State"s obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity Any publicity regarding the subject matter of this Grant Contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorszed releases sen reseal h, For purposes of this provision,publicity includes notices, informational pamphlets,press prepared by or for the Grantee individually or jointly with others, reports, signs, and similar public notices or any subcontractors, with respect to the program,publications,� o rrsmpst publicly credit gthe State of Grant Contract. All projects primarily funded by state b appropriation Minnesota, including on the Grantee's website when practicable. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law,Jurisdiction, and Venue governs this Grant Contract. Venue for all Minnesota law, without regard to its choice-of-law provisions, g legal proceedings out of this Grant Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State The State may immediately tenninate this GrantContract l be entitled to payment,with or without cause, �d terminedpon 30 son a pro notice to the Grantee. Upon ten-nination, the Grantee rata basis, for services satisfactorily performed. 5 041019 updated Competitive Grant Agreement for Nongovernmental Organizations 14.2 Termination for Cause The State may immediately terminate this Grant Contract if the State finds that there has been a failure to comply with the provisions of this Grant Contract,that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for insufficient Funding The State may immediately terminate this Grant Contract i£ (a) Funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However,the Grantee will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source,not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Under Milan. _L r/KC.65, Subd. 3,and other applicable law,the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State,to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16 Fraud Fraud is any intentionally deceptive action blade for personal gain or to damage another. Any person or entity(including its employees and affiliates)that enters into an agreement with the State and witnesses, discovers evidence of,receives a report from another source, or has other reasonable basis to suspect that fraud or embezzlement has occurred must immediately make a report to: • The State's Chief Risk Officer at 651.296.7608 or 800.657.3769; • Any member of the State's Senior Leadership Team, as denoted on the State's current organizational chart(http://www.mnhousiiig.gov/sites/np/leadership);or • The State's hotline reporting service vendor, EthicsPoint,by calling toll-free 866.886.1274 to speak with a live operator or by visiting the EthicsPoint reporting webpage. 17 Suspension By entering into any agreement with the State, a contracting party represents that the contracting party (including its employees or affiliates that will have direct control over the subject of the agreement) has not been suspended from doing business with the State. Please refer to the State's website for a list of suspended individuals and organizations (http://www.mnhousing.gov/sites/np/suspensions). 6 041019 updated Competitive Grant Agreement for Nongovernmental Organizations Attachment A 2019 Capacity Building Initiative Financial Report Template Organiiativn Name: 1.PERSONNEL COSTS Number Budgeted Actual A.Salaries for Grantee Personnel:Name and Position %FTE Hourly Rate of Hours Expenses Expenses $ TOTAL SALARIES $ $ B.Fringe Benefits Based on 1.A Salaries Paid f!J TOTAL PERSONNEL COSTS(add Salaries and Fringe Benefits): $ $ 2.PROGRAM COSTS A. B. C. D. TOTAL PROGRAM COSTS 5 $0.00 3.CONSUMABLE SUPPLIES AND MATERIALS A. B. C. D. 4.UTILITIES AND COMMUNICATION A. B. C. D. 5.OTHER DIRECT COSTS A. B. C. D. 6.TOTAL COSTS(SUM OF ITEMS 1-5) $ $ 2019 Capacity Building Initiative Budget Worksheet Organization Name:(City of Golden Valley 1.PERSONNEL COSTS A.Salaries for Grantee Personnel:Name and Position %FTE Hourly Rate Number Requested of Hours Grant Funds Community Engagement Facilitators $ Community Engagement Facilitators-Forums 100% $100 1 100 $ 10,000.00 Community Engagement Facilitators-Design Meetings 100% $1001 100 S 10,000.00 $ - TOTAL SALARIES $ 20,000.00 B.Fringe Benefits Based on LA Salaries Paid (%) (%) TOTAL PERSONNEL COSTS(add Salaries and Fringe Benefits): $ 2Q000.00 2.PROGRAM COSTS A. B. C. D. TOTAL PROGRAM COSTS $ 3.CONSUMABLE SUPPLIES AND MATERIALS A.Printed outreach materials $ 2,000.00 B. C. D. 4.UTILITIES AND COMMUNICATION A. B. C. D. S.OTHER DIRECT COSTS A: B. C. D. 6.TOTAL COSTS(SUM OF ITEMS 1.5) $ 32,000.00 1. GRANTEE 2.STATE AGENCY The Grantee certifies that the appropriate person(s)have executed the Grant Contract on behalf of the Grantee as required by applicable articles,bylaws, By: C� -f resolutions,or ordinances. Title: '.r�E/r�i S Ssi e'Y�C By: `` Shepard M.Harris,Mayor Date: -2— 2C'2 v Date: v L. Timothy I Cru'•sktan City Manager Date: �� Distribution: Agency Grantee 7 041019 updated Competitive Grant Agreement for Nongovernmental Organizations city of Alden vaWlAr e Y 7800 Golden Valley Road Golden Valley, MN 55427 EMERGENCY ADMINISTRATIVE ACTION 20-69 UPDATING THE COVID-19 OPERATIONS RECOVERY AND READINESS PLAN Pursuant to Mayoral Proclamation and Council Resolution effective March 17, 2020,the City of Golden Valley hereby adopts the updated COVID-19 Operations Recovery and Readiness Plan on file with the City Clerk effective October 28, 2020.The revisions include new protocols in the following areas: • Screening and Symptoms The Plan shall remain in effect until repealed or modified by subsequent City Manager or Council action. �r�ro�Gr�,7C�r�alrfG�a�rlr Date: October 28, 2020 T'lmuthy l cruKshank(Oct 28.202007:40 CDT) Timothy J. Cruikshank,City Manager 763-593-8000 FAx 763-593-8109 TTY 763-593-3968 kNrw%v,go: ideii�ivci�Reyn,ii�n.go i city of Alden vaWlAr e Y 7800 Golden Valley Road Golden Valley, MN 55427 EMERGENCY ADMINISTRATIVE ACTION 20-70 UPDATING THE COVID-19 OPERATIONS RECOVERY AND READINESS PLAN Pursuant to Mayoral Proclamation and Council Resolution effective March 17, 2020,the City of Golden Valley hereby adopts the updated COVID-19 Operations Recovery and Readiness Plan on file with the City Clerk effective October 29, 2020.The revisions include new protocols in the following areas: • Park&Recreation Activity Guidelines The Plan shall remain in effect until repealed or modified by subsequent City Manager or Council action. 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