03-02-21 City Council Agenda 7800 Golden Valley Road 1 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
March 2, 2021—6:30 pm
Meeting Held Virtually
REGULAR MEETING AGENDA
This meeting will be held via Webex in accordance with the local emergency declaration made by
the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast
cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the
meeting code 133 782 6657. 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
C. Proclamation Supporting Convention on the Elimination of All Forms of Discrimination 3-5
Against Women (CEDAW)
2. Additions and Corrections to Agenda
3. Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine
by the City Council and will be enacted by one motion. There will be no discussion of these
items unless a Council Member so requests in which event the item will be removed from the
general order of business and considered in its normal sequence on the agenda.
A. Approval of Minutes:
1. City Council Meeting— February 2, 2021 6-9
B. Approval of City Check Register 10
C. Licenses:
1. Gambling License Exemption and Waiver of Notice Requirement—Good Shepherd 11-13
Church
D. Boards, Commissions, and Task Forces:
1. Receive and File Meeting Minutes — Environmental Commission—January 25, 2021 14-17
E. Approval of Bids, Quotes and Contracts:
1. Approve Contract with Watchguard Video to Purchase Body-Worn Cameras and 18-43
Software Upgrade
2. Approve 2021-2022 Police Sergeants (LELS Local 34) Agreement 44
F. Grants and Donations:
1. Approve Resolution No. 21-08 to Supporting Submittal of an Application to MPCA 45-47
for Minnesota GreenCorps Host Site
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
March 2, 2021—6:30 pm
2. Approve Agreement with the Minnesota DNR and Approve Resolution No. 21-09 to 48-65
Accept the DNR Grant for the Briarwood Nature Area Habitat Restoration.
4. Public Hearing
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Second Consideration of Ordinance No. 704 -Amendment to City Code Chapter 6, Article 66-72
II, Section 6-33 Relating to Animal Control and Leashing and Approval of Resolution No.
21-10 Authorizing Summary Publication of Ordinance No. 704
B. COVID-19 Pandemic Emergency Administrative Action Nos. 21-2 and 21-3 73-75
C. Review of Council Calendar 76
D. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
EXECUTIVE SUMMARY
City Administration
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
March 2, 2021
Agenda Item
1. C. Proclamation of Support for CEDAW
Prepared By
Kirsten Santelices, Human Resources Director/Human Rights Commission Liaison
Summary
As a component of its 2020 Work Plan the Golden Valley Human Rights Commission conducted
research on Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
CEDAW is the only international human rights treaty that focuses entirely on ending discrimination
against women. The treaty addresses important issues such as: equal pay for women, elimination of
violence against women, and support for families and caregivers.
As an International Bill of Rights and an agenda of action, it was ratified by the UN in 1981. There is
widespread international support of this convention, as 97% of the world's countries have ratified it.
Unfortunately, the countries like the United States, Somalia, Sudan, Iran, and Tonga have not. As such,
cities across the US have passed CEDAW to fill the void on the local level.
In December 2020, the Human Rights Commission recommended that the City Council consider
participating in CEDAW as part of its 2021 Goals. Staff, City Council, and the HRC agree that the tenants
of CEDAW will help Golden Valley become more equitable. As such, the HRC and Staff drafted a
proclamation of support. The proclamation declares that the City is committed to actions that:
1. ensure the development and advancement of women and girls; and
2. eliminate discrimination and violence against women and girls.
Supporting Documents
• Proclamation Supporting Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
city of
golden
vat
CITY OF GOLDEN VALLEY
PROCLAMATION SUPPORTING
CONVENTION ON THE ELIMINATION
OF ALL FORMS OF DISCRIMINATION
AGAINST WOMEN (CEDAW)
WHEREAS, The Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), an international human rights treaty, provides a universal
definition of discrimination against women and brings attention to a whole range of issues
concerning women's human rights; and
WHEREAS, CEDAW was adopted by the United Nations General Assembly on
December 18, 1979, and became an international treaty as of September 3, 1981 , and
187 U.N. member nations have agreed to be bound by CEDAW's provisions; and
WHEREAS, The United States has not ratified CEDAW or agreed to be bound by
its provisions; and
WHEREAS, Women and girls make up 51% of Golden Valley's population; and
WHEREAS, The City of Golden Valley recognizes the need to protect the
human rights of women and girls by addressing discrimination, including violence,
against them and to implement the principles of CEDAW locally; and
WHEREAS, The City recognizes the layered discrimination faced by women and
girls across social identities; and
WHEREAS, CEDAW provides a comprehensive framework for governments to
examine their policies and practices in relation to women and girls and to rectify
discrimination based on gender; and
WHEREAS, The City recognizes the need to strengthen local mechanisms,
institutions, and procedures with adequate resources to address these goals; and
WHEREAS, City governments have an appropriate and legitimate role affirming the
importance of eliminating all forms of discrimination against women in communities as
universal norms and to serve as guides for public policy.
BE IT RESOLVED by the City Council of the City of Golden Valley that:
1 . The City of Golden Valley urges the federal government of the United States to ratify
CEDAW and agree to be bound by its provisions.
2. The City of Golden Valley may take appropriate measures, including legislation, to
ensure the full development and advancement of women, for the purpose of
guaranteeing them the exercise and enjoyment of human rights and fundamental
freedoms on a basis of equality with all genders and eliminating all forms of
discrimination and violence against women and girls. The City of Golden Valley will
accomplish this by:
a. Examining policies and practices to rectify discrimination based on gender,
including modifying or abolishing existing ordinances and regulations; and
b. Enacting policies and initiatives that promote the health and safety of women and
girls, and afford them equitable academic, economic, and business opportunities
in Golden Valley.
The Human Rights Commission or other similar body may advise the City Council of any
changes in ordinance, policy or practice they feel would help the City align with the
tenets of this convention.
2. The City of Golden Valley, through its Human Rights Commission or other similar body,
will host events to educate the community on CEDAW and other issues related to
discrimination and violence against women.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the
City of Golden Valley to be affixed this 2nd day of March, 2021 .
Shepard M. Harris, Mayor
7800 Golden Valley Road I Golden Valley,MN 55427 CltJ of
763-593-8012 1 TTY 763-593-3968 1 763-593-8109(fax)I www.goldenvalleymn.gov golden,,,,,
City Council \ y
va
February 2,2021—6:30 pm
REGULAR MEETING MINUTES
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. As such, all votes are
conducted by roll call, so each member's vote on each issue can be identified and recorded
pursuant to Minnesota Stat. 13D.021.
The City used WebEx to conduct this meeting electronically. Members of the public were able to
monitor the meetings by watching it on Comcast cable channel 16, by streaming it on
CCXmedia.org, and by dialing in to the public call-in line. The public was able to participate in
this meeting during public comment sections, including the public forum, by dialing in to the
public call-in line.
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, Physical Development Director Nevinski, City
Attorney Cisneros, Police Chief Sturgis, Crime Analyst/Police Support Services
Coordinator Paul, Police Commander Johnson, Police Commander Kuhnly,
Police Detective Sergeant Mahlen, City Planner Myles Campbell, and City Clerk
Schyma
1C. Annual Discover St. Louis Park Presentation
Mayor Harris introduced Becky Bakken, President and CEO of Discover St. Louis Park, who
presented a year-end update for Discover St. Louis Park representing St. Louis Park and Golden
Valley.
City Manager Cruikshank and the Council thanked Ms. Bakken and the team at Discover St. Louis
Park for their commendable service during an extremely difficult year.
1D. Annual Police Department Report
City of Golden Valley City Council Regular Meeting Minutes
February 2, 2021—6:30 pm
Police Chief Sturgis presented an overview of police department operations during 2020 and
answered questions from the Council.
Crime Analyst/Police Support Services Supervisor Paul, Police Commanders Johnson and Kuhnly,
and Detective Sergeant Mahlen also presented information to the Council and were available for
questions.
The Council thanked Chief Sturgis and his staff for their hard work during a demanding year.
2. Additions and Corrections to Agenda
Motion by Fonnest, Second by Rosenquist to approve the meeting agenda as submitted.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
3. Approval of Consent Agenda
Motion by Sanberg, Second by Rosenquist to approve the Consent Agenda as revised: removal
of Item #3D1 -Accept Resignation from the Rising Tides Task Force and #3G - Receive and File
the City of Golden Valley's 2021 Pyramid of Success.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
A. Approval of Minutes
1. City Council Meeting— December 1, 2020
2. City Council Meeting— December 15, 2020
3. City Council Meeting—January 5, 2021
B. Approval of City Check Register
C. Licenses:
1. Approve Off-Sale Intoxicating Liquor License - Lunds Beverages, LLC d/b/a/ Lunds &
Byerlys Wines & Spirits
2. Approve Temporary On-Sale Liquor License —Good Shepherd Catholic Church
3. Approve Multi-Family Rental Property License Renewals
Bea as, Gem,M!SS!ens, and- TasIE Ees�
E. Approval of Bids, Quotes and Contracts:
1. Approve Purchase of Fire Utility Vehicle
F. Grants and Donations
1. Approve Hennepin County Homeownership Application, Resolution No. 21-06
G. RPc-_ ,i..P ;;igd Cole the City of G lden V Ile.;s 2921 P.,,--,,. id f 96
City of Golden Valley City Council Regular Meeting Minutes 3
February 2, 2021—6:30 pm
3. Items Removed From the Consent Agenda:
3D1. Accept Resignation from the Rising TIDES Task Force
Council Member Harris thanked Alex Moreno for his service on the Rising TIDES Task Force.
Motion by M. Harris, Second by Sanberg to accept the resignation of Alex Moreno from the
Rising TIDES Task Force.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
3G. Receive and File the City of Golden Valley's 2021 Pyramid of Success
City Manager Cruikshank discussed the details of and process for developing the values, vision
statement, mission statement, organizational priorities and 2021 action steps for the City.
Motion by Fonnest, Second by Rosenquist to receive and file the City of Golden Valley's 2021
Pyramid of Success.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
4. Public Hearing
5. Old Business
6. New Business
6A. Second Consideration of Ordinance No. 703, Modifications to City Code Chapter 103—
Buildings and Building Regulations and Approval of Resolution No. 21-07 Authorizing
Summary Publication of Ordinance No. 703
Physical Development Director Nevinski presented the staff report and answered questions
from Council.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Sanberg, Second by M. Harris to adopt second consideration of Ordinance No. 703,
Modifications to Chapter 103 — Buildings and Building Regulations.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Motion by M. Harris, Second by Sanberg to adopt Resolution No. 21-07 Approving Summary
Publication of Ordinance No. 703.
City of Golden Valley City Council Regular Meeting Minutes
February 2, 2021—6:30 pm
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
613. COVID-19 Pandemic Emergency Administrative Action No. 21-1
City Attorney Cisneros presented the staff report and answered questions from Council.
Motion by Rosenquist, Second by Sanberg to ratify Emergency Action 21-1.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
6D. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
6E. Mayor and Council Communication
Council Member Rosenquist relayed information about recent meetings with the Minneapolis
Parks and Recreation Board regarding an upcoming memorandum of understanding and
leadership group that are being finalized to help communication and resolution of ongoing
matters at Theodore Wirth Regional Park. She further discussed the February 2 Highway 55
Transit Meeting.
7. Adjourn
Motion by Fonnest, Second by Sanberg to adjourn the meeting at 9:01 pm.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Shepard M. Harris, Mayor
ATTEST:
Theresa J. Schyma, City Clerk
city EXECUTIVE SUMMARY
.golden Administrative Services
763-593-8013 / 763-593-3969 (fax)
Golden Valley City Council Meeting
March 2, 2021
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=876916&dbid=0&repo=GoldenValley
The check register for approval:
• 02-19-21 Check Register
EXECUTIVE SUMMARY
City Administration
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
March 2, 2021
Agenda Item
3. C. 1. Gambling License Exemption and Waiver of Notice Requirement—Good Shepherd Church
Prepared By
Theresa Schyma, City Clerk
Summary
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-
day waiting period.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Golden Valley Good Shepherd Church.
Attachments
• Application for Exempt Permit (2 pages)
MINNESOTA LAWFUL GAMBLING 11/17
LG220 Application for Exempt Permit Page 1 of 2
An exempt permit may be issued to a nonprofit Application Fee (non-refundable)
organization that: Applications are processed in the order received. If the application
• conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the
• awards less than $50,000 in prizes during a calendar application fee is$100; otherwise the fee is$150.
year.
If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of
$1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite
your county by calling 651-539-1900. service, nor are telephone requests for expedited service accepted.
ORGANIZATION INFORMATION
UO
Organization k_ p Gh� fl.er� c, l 00 Previous Gambling
Name: _ GL .J v 1 �Xi1\ Permit Number: _
Minnesota Tax ID / Q ) Federal Employer ID
Number, if any: �r O°"--� Jy-9� [ Number(FEIN), if any: _
Mailing Address: . /,/ r
City: _ 'f Gl ell . . �!`- .. State: r Zip.. �J5 77'County:
Name of Chief Executive Officer (CEO): l'�/1�� �`�`` /3)ar_, `?u"
CEO Daytime Phone: o 7 7��we, CEO Email: 14/l ier Gf rC u..&r"� �"0�[S 7.(f ?�e�r�Cj',
(P it address ss otherwise indi�a' ted t glow) �J
permit will be emaile to l+is email
Email permit to (if other than the CEO): SAeV e yurIS(9 G 5C' yse- 0[) r� C cz
NONPROFIT STATUS
Type of Nonprofit Organization (check one)
Fraternal Religious Veterans Other Nonprofit Organization
Attach a copy of one of the following showing proof of nonprofit status:
(DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.)
❑ A current calendar year Certificate of Good Standing
Don't have a copy? Obtain this certificate from:
MN Secretary of State, Business Services Division Secretary of State website, phone numbers:
60 Empire Drive, Suite 100 wwwsos..state.mn.us
St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767
❑ IRS income tax exemption (501(c)) letter in your organization's name
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the
IRS toll free at 1-877-829-5500.
❑ IRS-Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and
2. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted ff�� jj d/j, Cc'u YS
(for raffles, list the site where the drawing will take place):
Physical Address (do not use P.O. box): / -
Check one:
5.J ,J�-�- County.
El City: I h t - - Zip.. Y
Township: ___ Zip: County:
Date(s) of activity (for raffles, indicate the date of the drawing) a
Check each type of gambling activity that your organization will conduct:
=Bingo =Paddlewheels =Pull-Tabs =Tipboards Raffle
Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained
from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection
devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to
www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900.
LG220 Application for Exempt Permit 11/17
rr Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to
the Minnesota Gambling Control Board)
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits located in a township
X The application is acknowledged with no waiting period. he application is acknowledged with no waiting period.
The application is acknowledged with a 30-day waiting he application is acknowledged with a 30-day waiting
period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after
(60 days for a 1st class city). 30 days.
The application is denied. ❑The application is denied.
Print City Name: City Of Golden Vally_ Print County Name: —
Signature f4yi
: Signature of County Personnel:
Title: C Date: 2/22/2021 Title: Date:
TOWNSHIP (if required by the county)
On behalf of the township, I acknowledge that the organization
is applying for exempted gambling activity within the township
The city or county must sign before limits. (A township has no statutory authority to approve or
submitting application to the deny an application, per Minn. Statutes, section 349.213.)
Gambling Control Board. Print Township Name:
- - - Signature of Township Officer:_.
Title: _ Date:
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
The information provided in this application is_�mplete and accurate'
ccurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned to t}�e Bold Itl in 30 days if event date.
F.
Chief Executive Officer's Signature: Date: 7 ",s/, ---_ ?o2l(
natu ust EO's signatt re;designee may not sign) _.r
Print Name: M AAO � ^.
REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS
Complete a separate application for: Mail application with:
• all gambling conducted on two or more consecutive days; or ✓a copy of your proof of nonprofit status; and
• all gambling conducted on one day.
Only one application is required if one or more raffle drawings are -application fee(non-refundable). If the application is
postmarked or received 30 days or more before the event,
conducted on the same day. the application fee is $100; otherwise the fee is $150.
Financial report to be completed within 30 days after the Make check payable to State of Minnesota.
gambling activity is done: To: Minnesota Gambling Control Board
A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South
and return the financial report form to the Gambling Control Roseville, MN 55113
Board.
Questions?
Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at
3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900.
Data privacy notice: The Information requested application. Your organization's name and ment of Public Safety;Attorney General;
on this form (and any attachments)will be used address will be public information when received Commissioners of Administration,Minnesota
by the Gambling Control Board(Board)to by the Board. All other information provided will Management&Budget,and Revenue; Legislative
determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling
be involved in lawful gambling activities in Board issues the permit. When the Board issues regulatory agencies; anyone pursuant to court
Minnesota. Your organization has the right to the permit,all information provided will become order; other individuals and agencies specifically
refuse to supply the information; however, if public. If the Board does not issue a permit,all authorized by state or federal law to have access
your organization refuses to supply this information provided remains private,with the to the information; individuals and agencies for
information,the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or
determine your organization's qualifications and, address which will remain public. Private data sharing of Information after this notice was
as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent.
If your organization supplies the information members,Board staff whose work requires
requested,the Board will be able to process the access to the information; Minnesota's Depart-
This form will be made available in alternative format(i.e. large print,braille) upon request.
An equal opportunity employer
014*1110,
7800 Golden Valley Road I Golden Valley,MN 55427 City of
763-593-8027 I TTY 763-593-3968'763-593-8198(fax)I www.goldenvalleymn.gov golden, u Znk'T T
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Environmental Commission
January 25, 2021—6:30 pm
REGULAR MEETING MINUTES
This meeting will be held via Cisco Webex in accordance with the local emergency declaration made
by the City under Minn. Stat. § 12.37. The public may monitor this meeting by calling 1-415-655-
0001 and entering the meeting code 177 281 6007. For technical assistance, please contact support
staff at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the
meeting, you may submit the costs to the City for reimbursement consideration. Additional
information about for monitoring electronic meetings is available on the City website.
1. Call to Order
The meeting was called to order by Chair Seys at 6:33.
2. Roll Call
Commissioners present: Scott Seys, Debra Yahle, Tonia Galonska,Jim Stremel, Dawn Hill,
Shannon Hansen, Wendy Weirich, Felix Fettig
Commissioners absent: None
Council Members present: Larry Fonnest
Staff present: Eric Eckman, Environmental Resources Supervisor;
Story Schwantes, Green Corp Member;
Carrie Nelson, Administrative Assistant;
3. Approval of Agenda
MOTION by Commissioner Galonska, seconded by Commissioner Hill to approve the agenda for
January 25, 2021 and the motion carried.
4. Approval of November 23, 2020 Regular Meeting Minutes
MOTION by Commissioner Stremel, seconded by Commissioner Weirich to approve the minutes
of November 23, 2020 as submitted and the motion carried.
5. Old Business
A. Recycling and Organics Update
i. The RFP will only be sent to all current licensed haulers in the City to keep the
amount of trucks to a minimum on the streets and keep within City
Code/Ordinance for number of total licenses allowed.
ii. The RFP will be sent out late January/Early February.
iii. Proposals will be reviewed in February and March.
iv. The contract will be awarded in the Spring.
v. Both new Recycling and Organics contracts will begin in January 2022.
vi. There is one RFP for two services. The City would like both to be through the same
contractor to keep time and expenses down. If it's in the best interest in the City
This document is available in alternate formats upon a 72-hour request. Please call
763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats
may include large print, electronic, Braille,audiocassette, etc.
City of Golden Valley Environmental Commission Regular Meeting 2
November 23, 2020—6:30 pm
to break it down into two contracts it could potentially be two different
contracts/contractor.
B. Partners in Energy Update
i. Workshop 4 was in mid-December—Strategies &Tactics
1. Talked about the big goal of how much electricity and greenhouse gas
emissions they'd like to reduce.
2. Also talked about strategies for how to get to the goal.
a. Reducing energy cost burdens for residents.
b. Energy efficiency for residents and businesses.
c. Clean or renewable energy promotion and development.
3. Long term goal: Reducing greenhouse gas emissions and
lowering/reducing the electricity consumption in GV.
a. Need numeric and date specific goals. Goals need to be S.M.A.R.T.,
specific, measurable, attainable, relevant, and time bound
i. How to off-set household growth and the coordinating
energy consumption growth?
ii. We need our energy efficiency savings to exceed the current
trend so we can outpace our household growth over the
next 10 years. How?
1. Xcel and CenterPoint Programs— need more
participation. Need to promote them.
a. Can we grow the participation by 5% per
year? This would create substantial
reductions. Examples of programs:
- Home efficiency rebates
- New home construction rebates
- Low income weatherization
- Commercial/Industrial Programs
- Energy Squad — request council to
budget $to help residents with
energy squad visits.
b. Growth in subscriptions to wind/solar
programs.
2. Additional savings coming from outside this plan —
Other City-Lead initiatives:
a. Community Solar Garden
b. City Policy/Code Changes— Energy policy for
any kind of project that receives City
approvals or financing.
c. Building energy code —State is looking at
trying to accelerate the code changes to get
more efficient new buildings.
City of Golden Valley Environmental Commission Regular Meeting
November 23, 2020—6:30 pm
d. Participating in Hennepin County's Efficient
Building Program for existing private buildings
in certain zoning districts, over a certain size.
ii. Workshop 5 is Jan 27— Final Workshop
iii. Finalize the plan in the 3-5 weeks following Workshop 5.
iv. Then there will be 18 months of implementation with the PIE Team Members—
Xcel and CenterPoint staff and Clean Energy & Environment staff, along with Story
Schwantes.
C. EC/HRC Environmental Justice Collaboration
i. Speaker is Thursday,Jan 28.
ii. Looking to tie in a joint community event in the spring to plant some trees and
provide more green space— native vegetation, edible plants, rain gardens,
community gardens... Storm Water Management for drainage/flooding. Partner
with Metro Blooms, too (could possibly have grants available)? Partner with the
garden club or the pollinators group?
D. Ordinance Allowing Goats for Vegetation Management
MOTION by Commissioner Hill, seconded by Commissioner Galonska to send the
Ordinance and License Application to the council and the motion carried with the
following revisions:
i. Look into the different goat breeds and determine if we'll only accept certain
breeds.
ii. Add in language that goats must appear to be humanely managed and cared for.
iii. Under section 4b. Add the word "be" in the 2nd sentence.
iv. Be sure the language between the ordinance and the application are the same.
6. New Business
A. 2021 Work Plan
i. We will discuss in February and develop the draft of the work plan for approval by
the commission in March and council consideration in April (instead of May this
year).
1. Look at 2020 work plan to see what should stay on the list and continue to
be worked on and what we've accomplished and can take off the list.
2. Brainstorm what new ideas we could add. Ideas suggested:
a. Item from the Natural Resources Management Plan.
i. City would have budget for supporting a habitat restoration
project. Looking at the Briarwood Nature Area next.
ii. Also, City will have money from the Parks capital
improvement program.
b. Stormwater/Flood Water management.
i. City has a 5-year permit with the MN Pollution Control
Agency and all cities over 10,000 are required to get it to
discharge stormwater into our wetlands, lakes, and streams.
We need to be in compliance with their 6 minimum control
measures. 60-70 best management practices to do this.
City of Golden Valley Environmental Commission Regular Meeting 4
November 23, 2020—6:30 pm
Help develop and update the City's Storm Water
Management Program.
c. Some kind of goal for transportation — Bike/Ped, Bus Transport—
Get people out of cars.
d. Support the Energy Action Plan - Help guide the implementation?
e. Open to doing more joint work with other commissions.
f. Do some work with/for butterflies.
g. Student outreach for their ideas for environmental initiatives.
B. Program/Project Updates
i. Georgia Pond Dredging
1. Project added additional benefits to area:
a. Improving water quality treatment capacity.
b. Expanding flood storage.
c. Removal of invasive species.
d. Planting of native vegetation, shrubs, and trees.
2. All sediment is tested before leaving the site for polycyclic aromatic
hydrocarbons (PAH). PAH Levels determine what will happen to the
sediment as follows:
a. >23 —sediment goes to landfill
b. 3-23 —sediment can be re-used at commercial or industrial sites
c. <3 —sediment can be re-used at residential or recreational sites
d. The sediment from the Georgia Pond was in the 3-23 range and will
be re-used at a commercial or industrial site.
C. Council Updates
i. None
D. Other Business
i. None
7. Adjournment
MOTION by Commissioner Yahle, seconded by Commissioner Hill to adjourn the meeting at
8:45 pm and the motion carried.
ATTEST:
Carrie Nelson, Administrative Assistant Scott Seys, Chair
city EXECUTIVESUMMARY
go 1de 7. Administrative Services
763-593-8013 / 763-593-3969 (fax)
Golden Valley City Council Meeting
March 2, 2021
Agenda Item
3. E. 1. Purchase Body-Worn Cameras and Upgrade Software
Prepared By
Adam Knauer, IT Supervisor
Sue Virnig, Finance Director
Jason Sturgis, Police Chief
Summary
The Vehicles and Equipment Capital Improvement Program #V&E-115 has $98,140 for replacement of
body-worn cameras (BWC). The BWC were purchased in 2017/2018 and information was stored on a
server at LOGIS. Watchguard Video has a new BWC (V300) that has several new features including a
user-replaceable battery with 4 times the storage. Each BWC has a new docking station and software.
Moving the data to the cloud also allows less maintenance and more streamlined updates in the future
plus reduced storage fees at LOGIS.
Financial Or Budget Considerations
This BWC upgrade and migration to the cloud are needed to keep up with newer technology. Staff
recommends Watchguard Video's quote in the amount of$95,785.
Recommended Action
Motion to approve the contract from Watchguard Video for $95,785 subject to further review from
city attorney.
Supporting Documents
• Cloud Addendum (2 pages)
• Watchguard Quote (3 pages)
• Software As A Service Subscription Contract (19 pages)
CLOUD ADDENDUM
EVIDENCELIBRARY.COM
The following Cloud Addendum (the "Addendum") is being provided as an Addendum and becomes a part
of the Software as a Service Subscription Agreement for Evidencelibrary.com (the "Agreement") and sets
forth the cloud terms relating to Customer's use of the Services thereunder.
Provider
If any term in this Addendum conflicts with a term in the main body of the Agreement, this Addendum will
govern.
1. DATA STORAGE. Provider will determine, in its sole discretion, the location of the stored content for
the Services, provided that all content for North American Customers will reside within North America and
all content for U.S. government Customers will reside within the United States.
2. DATA RETRIEVAL. Evidencelibrary.com will leverage different types of storage to optimize the
Services, as determined in Provider's sole discretion. For multimedia data, such as videos, pictures, audio
files, Provider will, in its sole discretion, determine the type of storage medium used to store the content. The
type of storage and medium selected by Provider will determine the data retrieval speed. Access to content
in archival storage may take up to 8 hours to be viewable.
3. API SUPPORT. Provider will use commercially reasonable efforts to maintain the Application
Programming Interface ("API") offered as part of the Services during the term of this Addendum. APIs will
evolve and mature over time, requiring changes and updates. Previous versions of APIs will be supported for
a minimum of a 6 month time period after new version is introduced. If support of the API is no longer a
commercially reasonable option, Provider will provide reasonable advance notification to Customer. If an API
presents a security risk to the Subscription Services or the Solution, Provider will discontinue an API without
prior warning.
4. SERVICE LEVEL TARGETS.
Commercially reasonable efforts will be made to provide monthly availability of 99.9% with the exception of
maintenance windows. There are many factors beyond Provider's control that may impact Provider's ability to
achieve this goal, including but not limited to a Force Majeure.
Additionally, Provider will strive to meet the response time goals set forth in the table below.
RESPONSE TIME GOALS
SEVERITY DEFINITION RESPONSE TIME
LEVEL
1 Total System Failure - occurs when the System Telephone conference
is not functioning and there is no workaround; within 1 Hour of initial
such as a Central Server is down or when the voice notification
workflow of an entire agency is not functioning.
This level is meant to represent a major issue
that results in an unusable System, Subsystem,
Product, or critical features. No work around or
immediate solution is available.
2 Critical Failure - Critical process failure occurs Telephone conference
when a crucial element in the System that does within 3 Business Hours
not prohibit continuance of basic operations is of initial voice
not functioning and there is usually no suitable notification during
work-around. Note that this may not be normal business hours
applicable to intermittent problems. This level is
meant to represent a moderate issue that limits
a Customer's normal use of the System,
Subsystem, Product or major non-critical
features.
3 Non-Critical Failure - Non-Critical part or Telephone conference
component failure occurs when a System within 6 Business Hours
component is not functioning, but the System is of initial notification
still useable for its intended purpose, or there is during normal business
a reasonable workaround. This level is meant to hours
represent a minor issue that does not preclude
use of the System, Subsystem, Product, or
critical features.
4 Inconvenience-An inconvenience occurs when Telephone conference
System causes a minor disruption in the way within 2 Standard
tasks are performed but does not stop Business Days of initial
workflow. This level is meant to represent very notification
minor issues, such as cosmetic issues,
documentation errors,general usage questions,
and product or System Update requests.
5. MAINTENANCE
Scheduled maintenance of the Services will be performed periodically. Provider will make commercially
reasonable efforts to notify customers a week in advance. Unscheduled and emergency maintenance may be
required from time to time. Provider will make commercially reasonable efforts to notify customers of
unscheduled or emergency maintenance 24 hours in advance.
6.5 Wi-Fi Network Requirements
6.5.1 If any of the below items apply, additional deployment services fees may apply:
• Customer's internet is through county/city IT, strict firewall policies, not able to install software on PC's
• Customer requires multiple upload locations through different internet providers at each site
• Customer has slow internet (<20MBps or higher for 4k video upload)
• Customer doesn't have Wi-Fi
• Customer doesn't use Google Chrome or uses Google Chrome but has conflicting Chrome extensions
• Customer requires multiple upload locations
• Customer has multicast disabled on their wireless network
• Customer wants to utilize MAC address filtering
6.5.2 The following are not supported:
• Wi-Fi AP's do not support 802.11AC
• Customer AP does not support DNS-SD, and/or the Apple Bonjour suite
WATCH T GUARD 4RE/VISTA Price
Quote
CUSTOMER: Golden Valley Department of Public Safety ISSUED: 1/10/2021 10:32 PM
EXPIRATION: 4/30/2021 5:00 AM
TOTAL PROJECT ESTIMATED AT:
$951785.00
ATTENTION: Sgt. Randy Mahlen SALES CONTACT: Steve Doble
PHONE: 763-593-8079 DIRECT: 612-306-8241
E-MAIL: E-MAIL: steve.doble@motorolasolutions.com
V300 Proposal
VISTA HD Cameras and Options
Part Number Detail Qty Direct Discount Total Price
VIS-300-BWC-001 V300, Body Worn Camera, 1080P, 40.00 $995.00 $50.00 $37,800.00
WiFi/Bluetooth with Removable Battery
VIS-300-CHG-001 V300, USB Dock, D300, Desktop Charge/Upload 1.00 $95.00 $95.00 $0.00
Kit Incl. Power and USB Cables
VIS-300-VEH-002 V300, WiFi Dock, D330, In-Vehicle 13.00 $295.00 $45.00 $3,250.00
Charge/Upload Kit, Incl, Cables and Brackets
VIS-300-BAT-RMV V300, Battery, Removable and Rechargable, 5.00 $99.00 $0.00 $495.00
3.8V, 4180mAh
VISTA HD Warranties
Part Number Detail Qty Direct Discount Total Price
WAR-300-CAM-1ST Warranty, V300 1st Year(Months 1-12) 40.00 $0.00 $0.00 $0.00
Included
Shipping and Handling
Part Number Detail Qty Direct Discount Total Price
Freight Shipping/Handling and Processing Charges 1.00 $600.00 $0.00 $600.00
$42,145.00
Evidence Library.com
Evidence Library 4 Web Software and Licensing
Part Number Detail Qty Direct Discount Total Price
ELC-SAH-UNL-SHD Evidencelibrary.com, Software and Hosting, 16.00 $695.00 $0.00 $11,120.00
Unlimited Shared, Annually per device
Server Hardware and Software
Part Number Detail Qty Direct Discount Total Price
Server, Upload Appliance, 1 U,
HDW-UPL-SRV-501 EvidenceLibrary.com, 60 Concurrent Devices, 5 1.00 $4,500.00 $0.00 $4,500.00
Year Warranty
$15,620.00
415 E.Exchange Parkway• Allen,TX• 75002
Toll Free(800)605-6734• Main(972)423-9777• Fax(972)423-9778
www.WatchGuardVideo.com
Page 1 of 3
WATCH T GUARD 4RE/VISTA Price
Quote
Evidence Library.com
Evidence Library 4 Web Software and Licensing
Part Number Detail Qty Direct Discount Total Price
ELC-SAH-UNL-ASD Evidencelibrary.com, Software and Hosting, 40.00 $495.00 $0.00 $19,800.00
Unlimited Assigned,Annually per device
$19,800.00
Technical Services Calculator
WatchGuard Video Technical Services
Part Number Detail Qty Direct Discount Total Price
Tier 1 Onsite Installation. Includes Project
Coordination, One Pre-Deployment IT Call,
Provisioning of ELC and Azure AD, Install OS
and SQL(if Purchased from WatchGuard),
Limited EL Client Installations, Limited
SVC-4RE-ONS-400 Configuring of 4RE Units, Limited MDC App 1.00 $53000.00 $23500.00 $23500.00
Installations, Interview Room Configuration,
Limited Configuration of Body Worn Cameras,
Full Testing of WatchGaurd Systems,
Installation of Evidence Library,Training of
Officer and Admin Staff, Limited Vehicle
Install Inspections, Vendor Management, Supp
SVC-SVR-MIG-001 EL4 to ELC Server Migration 1.00 $123000.00 $0.00 $123000.00
$14,500.00
4RE and VISTA Proposal
WatchGuard Video Technical Services
Part Number Detail Qty Direct Discount Total Price
BRK-DVI-MIC-100 Transfer Station II Kit, Incl. Power£t AC 6.00 $13495.00 $75.00 $83520.00
Cables, Labels and Docs
DV1-AOH-GPS-RFB Trade Credit for(44)VISTA XLT and VISTA WiFI 44.00 $-100.00 $0.00 $-43400.00
DV1-BMD-GPS-RFB Trade Credit for(4)VISTA Ethernet Transfer 4.00 $-100.00 $0.00 $-400.00
Stations
Shipping and Handling
Part Number Detail Qty Direct Discount Total Price
Freight Shipping/Handling and Processing Charges 1.00 $0.00 $0.00 $0.00
$3,720.00
Total Estimated Tax, may vary from State to State $0.00
Configuration Discounts $5,630.00
Additional Quote Discount $0.00
Total Amount $95,785.00
415 E.Exchange Parkway• Allen,TX• 75002
Toll Free(800)605-6734• Main(972)423-9777• Fax(972)423-9778
www.WatchGuardVideo.com
Page 2 of 3
WATCH GUARD 4RE/VISTA Price
Quote
NOTE: This is only an estimate for 4RE if VISTA related hardware, software and WG Technical Services. Actual costs related to a
turn-key operation requires more detailed discussion and analysis, which will define actual back-office costs and any costs
associated with configuration, support and installation. Please contact your sales representative for more details.
Title and risk of loss for the Equipment will pass to Customer upon shipment by Motorola, notwithstanding any other terms and
conditions.
To accept this quotation, sign, date and return with Purchase Order: DATE:
415 E.Exchange Parkway• Allen,TX• 75002
Toll Free(800)605-6734• Main(972)423-9777• Fax(972)423-9778
www.WatchGuardVideo.com
Page 3 of 3
Agreement No. [9]
SOFTWARE AS A SERVICE SUBSCRIPTION AGREEMENT
For
EVIDENCELIBRARY.COM
This Software as a Service Agreement (this "Agreement"), effective as of [DATE] (the "Effective Date"), is by and between
WatchGuard, Inc.,a Delaware corporation with offices located at 415 Century Parkway,Allen,TX 75013 ("Provider","we"or
"us")and ("Customer"or"you").
WHEREAS, Provider provides access to its software-as-a-service offerings to its customers;
WHEREAS,Customer desires to access certain software-as-a-service offerings described herein,and Provider desires to
provide Customer access to such offerings,subject to the terms and conditions set forth in this Agreement.
NOW,THEREFORE, in consideration of the mutual covenants,terms,and conditions set forth herein,and for other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows:
1. Definitions.
"Access Credentials" means any user name, identification number, password, license or security key, security token,
PIN,or other security code,method,technology,or device used,alone or in combination,to verify an individual's identity
and authorization to access and use the Services.
"Action" means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation,
proceeding, litigation, citation, summons, subpoena or investigation of any nature, civil, criminal, administrative,
regulatory or other,whether at law, in equity,or otherwise.
"Affiliate" of a Person means any other Person that directly or indirectly, through one or more intermediaries,
controls, is controlled by, or is under common control with, such Person. The term "control" (including the terms
"controlled by" and "under common control with") means the direct or indirect power to direct or cause the direction
of the management and policies of a Person, whether through the ownership of voting securities, by contract or
otherwise/ownership of more than 50%of the voting securities of a Person.
"Authorized User" means Customer's employees, consultants, contractors, and agents (i) who are authorized by
Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement and (ii) for
whom access to the Services has been purchased hereunder.
"Confidential Information" has the meaning set forth in Section 9.1.
"Customer Data"means information,data,and other content, in any form or medium,that is collected,downloaded,
or otherwise received, directly or indirectly from Customer or an Authorized User by or through the Services or that
incorporates or is derived from the Processing of such information,data,or content by or through the Services. For the
avoidance of doubt, Customer Data does not include Resultant Data or any other information reflecting the access or
use of the Services by or on behalf of Customer or any Authorized User.
"Customer Failure" has the meaning set forth in Section 4.2.
WGI SaaS Agreement Rev.010218 1
"Customer Indemnitee" has the meaning set forth in Section 12.1.
"Customer Systems" means the Customer's information technology infrastructure, including computers, software,
hardware, databases, electronic systems (including database management systems), and networks,whether operated
directly by Customer or through the use of third-party services.
"Disclosing Party" has the meaning set forth in Section 9.1.
"Documentation" means any manuals, instructions, or other documents or materials that the Provider provides or
makes available to Customer in any form or medium and which describe the functionality, components, features, or
requirements of the Services or Provider Materials, including any aspect of the installation, configuration, integration,
operation, use,support,or maintenance thereof.
"Fees" has the meaning set forth in Section 8.1.
"Force Majeure Event" has the meaning set forth in Section 15.9.
"Harmful Code" means any software, hardware, or other technology, device, or means, including any virus, worm,
malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or
to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any(i) computer, software,firmware,
hardware, system, or network or (ii) any application or function of any of the foregoing or the security, integrity,
confidentiality,or use of any data Processed thereby, or(b) prevent Customer or any Authorized User from accessing or
using the Services or Provider Systems as intended by this Agreement. Harmful Code does not include any Provider
Disabling Device.
"Indemnitee" has the meaning set forth in Section 12.3.
"Indemnitor" has the meaning set forth in Section 12.3.
"Initial Term" has the meaning set forth in Section 14.1.
"Intellectual Property Rights" means any and all registered and unregistered rights granted,applied for,or otherwise
now or hereafter in existence under or related to any patent, copyright,trademark,trade secret, database protection,
or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the
world.
"Law" means any statute, law, ordinance, regulation, rule,code, order, constitution,treaty, common law,judgment,
decree, or other requirement of any federal, state, local, or foreign government or political subdivision thereof, or any
arbitrator,court,or tribunal of competent jurisdiction.
"Losses" means any and all losses, damages, deficiencies, claims, actions,judgments, settlements, interest, awards,
penalties,fines,costs,or expenses of whatever kind, including reasonable attorneys'fees and the costs of enforcing any
right to indemnification hereunder and the cost of pursuing any insurance providers.
"Permitted Use" means any use of the Services by an Authorized User for the benefit of Customer in the ordinary
course of its internal business operations.
"Person"means an individual,corporation,partnership,joint venture,limited liability entity,governmental authority,
unincorporated organization,trust,association,or other entity.
"Process" means to take any action or perform any operation or set of operations that the Services are capable of
WGI SaaS Agreement Rev.010218 2
taking or performing on any data, information, or other content, including to collect, receive, input, upload, download,
record, reproduce, store, organize, compile, combine, log, catalog, cross-reference, manage, maintain, copy, adapt,
alter, translate, or make other derivative works or improvements, process, retrieve, output, consult, use, perform,
display, disseminate,transmit, submit, post,transfer, disclose, or otherwise provide or make available, or block, erase,
or destroy. "Processing"and "Processed" have correlative meanings.
"Provider Disabling Device" means any software, hardware, or other technology, device, or means used by Provider
or its designee to disable Customer's or any Authorized User's access to or use of the Services automatically with the
passage of time or under the positive control of Provider or its designee.
"Provider Indemnitee" has the meaning set forth in Section 12.2.
"Provider Materials" means the Services,Specifications, Documentation,and Provider Systems and any and all other
information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software,
and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements,
plans,or reports,that are provided or used by Provider or any Subcontractor in connection with the Services or otherwise
comprise or relate to the Services or Provider Systems. For the avoidance of doubt, Provider Materials include Resultant
Data and any information, data, or other content derived from Provider's monitoring of Customer's access to or use of
the Services, but do not include Customer Data.
"Provider Personnel" means all individuals involved in the performance of Services as employees, agents, or
independent contractors of Provider or any Subcontractor.
"Provider Systems" means the information technology infrastructure used by or on behalf of Provider in performing
the Services, including all computers, software, hardware, databases, electronic systems (including database
management systems),and networks,whether operated directly by Provider or through the use of third-party services.
"Receiving Party" has the meaning set forth in Section 9.1.
"Renewal Term" has the meaning set forth in Section 14.2.
"Representatives" means, with respect to a party, that party's and its Affiliates' employees, officers, directors,
consultants,agents, independent contractors,service providers,sublicensees,subcontractors,and legal advisors.
"Resultant Data" means data and information related to Customer's use of the Services and/or information compiled
from Customer Data that is used by Provider in an aggregate and anonymized manner,for one or more of the following
purposes: (i)to compile statistical and performance information related to the provision and operation of the Services;
(ii) to provide routine or Customer-requested maintenance, repairs, analytical or diagnostic services related to the
Services, Provider Systems or Customer Data; (iii) to ensure compliance with, or provide updates or revisions to, this
Agreement, Service Level performance metrics, or the Services, and policies and protocols related thereto; or (iv) to
compile analytical and statistical information for purposes of developing and improving our products and services.
"Service Allocation" has the meaning set forth in Section 3.2.
"Services" means the software-as-a-service offering described in Exhibit A.
WGI SaaS Agreement Rev.010218 3
"Specifications" means the specifications for the Services set forth in Exhibit B.
"Subcontractor" has the meaning set forth in Section 2.7.
"Support Services" has the meaning set forth in Section 5.4.
"Term" has the meaning set forth in Section 14.2.
"Third-Party Materials"means materials and information,in any form or medium,including any open-source or other
software, documents, data, content, specifications, products, equipment, or components of or relating to the Services
that are not proprietary to Provider.
2. Services.
2.1 Access and Use. Subject to and conditioned on your and your Authorized Users' compliance with the terms and
conditions of this Agreement, we hereby grant to you a non-exclusive, non-transferable (except in compliance with
Section 15.8))right to access and use the Services during the Term,solely for use by Authorized Users in accordance with
the terms and conditions herein.Such use is limited to your internal use. We will provide you with Access Credentials as
of the Effective Date.
2.2 Documentation License. We hereby grant you a non-exclusive, non-sublicenseable, non-transferable (except in
compliance with Section 15.8) license to use the Documentation during the Term solely for your internal business
purposes in connection with its use of the Services.
2.3 Service and System Control. Except as otherwise expressly provided in this Agreement,as between the parties:
(a) We have and will retain sole control over the operation, provision, maintenance, and management of the
Provider Materials;and
(b) You have and will retain sole control over the operation, maintenance, and management of, and all access to
and use of,the Customer Systems,and sole responsibility for all access to and use of the Provider Materials by any
Person by or through the Customer Systems or any other means controlled by you or any Authorized User,including
any: (i) information, instructions, or materials provided by any of them to the Services or us; (ii) results obtained
from any use of the Services or Provider Materials;and (iii)conclusions,decisions,or actions based on such use.
2.4 Reservation of Rights. Nothing in this Agreement grants any right,title, or interest in or to (including any license
under) any Intellectual Property Rights in or relating to, the Services, Provider Materials, or Third-Party Materials,
whether expressly,by implication,estoppel,or otherwise.All right,title,and interest in and to the Services,the Provider
Materials,and the Third-Party Materials are and will remain with us and the respective rights holders in the Third-Party
Materials.
2.5 Service Management. Each party shall,throughout the Term, maintain within its organization a service manager
to serve as such party's primary point of contact for day-to-day communications, consultation, and decision-making
regarding this Agreement. Each service manager shall be responsible for providing all day-to-day consents and approvals
on behalf of such party under this Agreement.Each party shall ensure its service manager has the requisite organizational
authority,skill,experience,and other qualifications to perform in such capacity.
2.6 Changes. (a) Changes to the Services. We reserve the right, in our sole discretion, to make any changes to the
Services and Provider Materials that we deem necessary or useful to: (1) maintain or enhance (i)the quality or delivery
of our services to our customers, (ii) the competitive strength of or market for our services, or (iii) the Services' cost
efficiency or performance;or(2)to comply with applicable Law.We will notify you of any material change to the Services
or Provider Materials.
WGI SaaS Agreement Rev.010218 4
(b) Changes to this Agreement. We may revise, update or supplement this Agreement from time to time. Any such
revision,update or supplement shall become effective immediately.We will notify you of any changes to this Agreement,
and your continued use of the Services following your receipt of notice means that you agree to the terms and conditions
of this Agreement as revised, updated or supplemented.
2.7 Subcontractors. We may from time to time in our discretion engage third parties to perform Services (each, a
"Subcontractor").
2.8 Suspension or Termination of Services. We may, directly or indirectly, and by use of a Provider Disabling Device
or any other lawful means, suspend, terminate, or otherwise deny your, any Authorized User's, or any other Person's
access to or use of all or any part of the Services or Provider Materials, without incurring any resulting obligation or
liability,if: (a)we receive a judicial or other governmental demand or order,subpoena,or law enforcement request that
expressly or by reasonable implication requires us to do so; or(b)we reasonably believe that: (i)you or any Authorized
User have failed to comply with any material term of this Agreement,or accessed or used the Services beyond the scope
of the rights granted or for a purpose not authorized under this Agreement or in any manner that does not comply with
any material instruction or requirement of the Specifications;(ii)you or any Authorized User are,have been,or are likely
(in our reasonable judgment) to be involved in any fraudulent, misleading, or unlawful activities relating to or in
connection with any of the Services; or(iii)this Agreement expires or is terminated. If we suspend your right to access
the Services you will remain responsible for payment of Fees you incur during the period. This Section 2.8 does not limit
any of our other rights or remedies,whether at law, in equity,or under this Agreement.
3. Use Restrictions; Service Usage and Data Storage.
3.1 Use Restrictions. You shall not, and shall not permit any other Person to, access or use the Services or Provider
Materials except as expressly permitted by this Agreement and,in the case of Third-Party Materials,the applicable third-
party license agreement.For purposes of clarity and without limiting the generality of the foregoing,you shall not,except
as this Agreement expressly permits:
(a) copy, modify,or create derivative works or improvements of the Services or Provider Materials;
(b) rent, lease, lend,sell,sublicense,assign, distribute, publish,transfer, or otherwise make available any Services
or Provider Materials to any Person, including on or in connection with the internet or any time-sharing, service
bureau,software-as-a-service,cloud,or other technology or service;
(c) reverse engineer,disassemble,decompile,decode,adapt,or otherwise attempt to derive or gain access to the
source code of the Services or Provider Materials, in whole or in part;
(d) bypass or breach any security device or protection used by the Services or Provider Materials or access or use
the Services or Provider Materials other than by an Authorized User through the use of his or her own then valid
Access Credentials;
(e) input, upload,transmit, or otherwise provide to or through the Services or Provider Systems, any information
or materials that are unlawful or injurious,or contain,transmit,or activate any Harmful Code;
(f) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the
Services, Provider Systems,or Provider's provision of services to any third party, in whole or in part;
(g) remove,delete,alter,or obscure any trademarks,Specifications, Documentation,warranties,or disclaimers,or
any copyright,trademark, patent, or other intellectual property or proprietary rights notices from any Services or
Provider Materials, including any copy thereof;
WGI SaaS Agreement Rev.010218 5
(h) access or use the Services or Provider Materials in any manner or for any purpose that infringes,
misappropriates,or otherwise violates any Intellectual Property Right or other right of any third party(including by
any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other
Provider customer),or that violates any applicable Law;
(i) access or use the Services or Provider Materials for purposes of competitive analysis of the Services or Provider
Materials,the development,provision,or use of a competing software service or product or any other purpose that
is to our detriment or commercial disadvantage;or
(j) otherwise access or use the Services or Provider Materials beyond the scope of or is inconsistent with the
authorization granted under this Section 3.1.
3.2 Service Usage. Exhibit A sets forth the subscription terms and Fees for the two designated levels of usage and data
storage available for Customer Data (each a"Service Allocation").We will use commercially reasonable efforts to notify
you in writing if your use of the Services exceeds the storage limits or other use parameters of the Service Allocation you
have selected,at which point we may mutually agree to adjust your Service Allocation and corresponding Fee obligations
in accordance with applicable Specifications.You acknowledge that exceeding your then-current Service Allocation may
result in service degradation for you and other of our customers,and you therefore agree that(a) we have no obligation
to allow you to exceed your then-current Service Allocation.
4. Customer Obligations.
4.1 Customer Systems and Cooperation. You shall at all times during the Term: (a) set up, maintain, and operate in
good repair and in accordance with the Specifications all Customer Systems on or through which the Services are
accessed or used; (b) provide Provider Personnel with such access to your premises and Customer Systems as is
necessary for Provider to perform the Services in accordance with the Availability Requirement and Specifications; (c)
provide all cooperation and assistance as we may reasonably request to enable us to exercise our rights and perform
our obligations under and in connection with this Agreement; (d) ensure that your use of the Services is in compliance
with applicable laws,rules and regulations;(e)set up and enable any hardware or networks that connect to the Services
and ensure that all such hardware and networks properly interact with the Services and its hardware and software
component parts; (f) maintain responsibility for the Customer Data before it is uploaded to the Services platform; and
(g)establish any security settings you deem necessary and appropriate for your network and Customer Data .
4.2 Effect of Customer Failure or Delay.We are not responsible or liable for any delay or failure of performance caused
in whole or in part by your delay in performing, or failure to perform, any of your obligations under this Agreement
(each,a "Customer Failure").
4.3 Corrective Action and Notice. If you become aware of any actual or threatened activity prohibited by Section 3.1,
you shall,and shall cause your Authorized Users to,immediately:(a)take all reasonable and lawful measures within your
or their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects
(including, where applicable, by discontinuing and preventing any unauthorized access to the Services and Provider
Materials and permanently erasing from their systems and destroying any data to which any of them have gained
WGI SaaS Agreement Rev.010218 6
unauthorized access);and (b) notify us of any such actual or threatened activity.
5. Service Levels.
5.1 Service Levels.Subject to the terms and conditions of this Agreement,we will use commercially reasonable efforts
to make the Services Available as set forth in Exhibit B.
5.2 Service Support.The Services include our standard customer support services("Support Services")in accordance
with our service support schedule then in effect from time to time.
6. Data Backup and Redundancy. We will take reasonable measures to provide Customer with locally redundant storage
("Local Storage") within the data center in which the Customer Data resides. At your request, we may provide for geo-
redundant storage ("Geo Storage") for replication of the Customer Data in a secondary data center that is geographically
distant from the first data center.A Geo Storage election is considered an upgrade of the standard Local Storage account and
will require payment of additional Fees and execution of an addendum to this Agreement. You are responsible for
implementing and maintaining all such Customer Data backup and disaster recovery processes you deem appropriate for
your local computer systems and information technology infrastructure.
7. Security.
7.1 Provider Systems and Security Obligations. Without limiting the representations, warranties and disclaimers in
Section 11 or your obligations under Sections 6, 7.4 and 7.5, we will implement reasonable and appropriate measures
designed to help you secure the Customer Data against unlawful loss, access or disclosure. However, (i) we are not
responsible for the accuracy,completeness or success of any efforts for replication,restoration,or recovery of Customer
Data that you or Microsoft may take; and (ii) we are not liable for damage to, or loss or corruption of Customer Data
from any cause, including failure of any storage, replication or redundancy capabilities of any data center(s) in which
Customer Data may be located.
7.2 Data Privacy. Subject to the rights granted to us in Section 10.3,we will not access or use Customer Data except
as necessary to maintain or provide the Services,or as necessary to comply with applicable Law or a binding order of a
court or governmental agency. We will not(a) disclose Customer Data to any government,government agency or third
party,or(b)subject to Section 3.2, move Customer Data except as necessary to comply with applicable Law or a binding
order of a court or governmental agency. Unless we are prohibited from doing so by applicable Law, we will give you
notice of any such legal requirement or order.
7.3 Prohibited Data. You acknowledge that the Services are not designed with security and access management for
Processing the following categories of information: (a) data that is classified and or used on the U.S. Munitions list,
including software and technical data; (c) articles, services, and related technical data designated as defense articles or
defense services; and (d) International Traffic in Arms Regulations ("ITAR") related data, (each of the foregoing,
"Prohibited Data"). You shall not, and shall not permit any Authorized User or other Person to, provide any Prohibited
Data to,or Process any Prohibited Data through,the Services,the Provider Systems, or any Provider Personnel. You are
solely responsible for reviewing all Customer Data and shall ensure that no Customer Data constitutes or contains any
Prohibited Data.
7.4 Customer Control and Responsibility. (a) You have and will retain sole responsibility for: (1) all Customer Data,
WGI SaaS Agreement Rev.010218 7
including its content and use; (2) all information, instructions, and materials provided by or on your behalf or by or on
behalf of any Authorized User in connection with the Services; (3)your information technology infrastructure, including
computers, software,databases,electronic systems(including database management systems),and networks,whether
operated directly by you or through the use of third-party services ("Customer Systems"); (4) the security and use of
Access Credentials by you and your Authorized Users;and(5)all access to and use of the Services and Provider Materials
directly or indirectly by or through the Customer Systems or your or your Authorized Users'Access Credentials,with or
without your knowledge or consent,including all results obtained from,and all conclusions,decisions,and actions based
on,such access or use.
(b)You understand and agree that all transactions you undertake using the Services are between you and the parties
with which you are transacting. Certain features and capabilities of the Services may link you to or provide you with
access to third-party content such as networks,websites, and information databases that we do not operate or control
("Third-Party Services"). We are not responsible for your contact with, access to or use of any Third-Party Services or
any losses or damage you may experience from such contact, use or access, unless such losses or damages directly
resulted from our material breach of our obligations under this Agreement.
7.5 Access and Security. You agree to employ all physical, administrative, and technical controls, screening and
security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all Access
Credentials and protect against any unauthorized access to or use of the Services; and (b) control the content and use
of Customer Data, including the uploading or other provision of Customer Data for Processing by the Services.
8. Fees and Payment
8.1 Fees.You agree to pay us the fees set forth in Exhibit A("Fees") in accordance with this Section 8.
8.2 Taxes. All Fees and other amounts payable by you under this Agreement are exclusive of taxes and similar
assessments.Without limiting the foregoing,you are responsible for all sales, use and excise taxes,and any other similar
taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on
any amounts payable by you hereunder,other than any taxes imposed on our income.
8.3 Late Payment. If you fail to make any payment when due then, in addition to all other remedies that may be
available:
(a) We may charge interest on the past due amount at the rate of 1.5%per month calculated daily and compounded
monthly or, if lower,the highest rate permitted under applicable Law;
(b) you shall reimburse us for all costs we incur in collecting any late payments or interest, including attorneys'
fees,court costs,and collection agency fees; and
(c) if such failure continues for thirty (30) days following written notice thereof,we may suspend performance of
the Services until all past due amounts and interest thereon have been paid, without incurring any obligation or
liability to you or any other Person by reason of such suspension.
8.4 No Deductions or Setoffs.All amounts payable to us under this Agreement shall be paid by you in full without any
setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason (other than any deduction or
withholding of tax as may be required by applicable Law).
9. Confidentiality.
9.1 Confidential Information. In connection with this Agreement each party (as the "Disclosing Party") may disclose
or make available Confidential Information to the other party (as the "Receiving Party"). Subject to Section 9.2,
"Confidential Information" means information in any form or medium (whether oral,written,electronic,or other)that
WGI SaaS Agreement Rev.010218 8
the Disclosing Party considers confidential or proprietary,including information consisting of or relating to the Disclosing
Party's technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and
information with respect to which the Disclosing Party has contractual or other confidentiality obligations, in each case
whether or not marked,designated,or otherwise identified as"confidential".
9.2 Exclusions. Confidential Information does not include information that the Receiving Party can demonstrate by
written or other documentary records: (a) was rightfully known to the Receiving Party without restriction on use or
disclosure prior to such information's being disclosed or made available to the Receiving Party in connection with this
Agreement; (b) was or becomes generally known by the public other than by the Receiving Party's or any of its
Representatives'noncompliance with this Agreement; (c)was or is received by the Receiving Party on a non-confidential
basis from a third party that, to the Receiving Party's knowledge, was not or is not, at the time of such receipt, under
any obligation to maintain its confidentiality; or (d) the Receiving Party can demonstrate by written or other
documentary records was or is independently developed by the Receiving Party without reference to or use of any
Confidential Information.
9.3 Protection of Confidential Information. As a condition to being provided with any disclosure of or access to
Confidential Information,the Receiving Party shall:
(a) not access or use Confidential Information other than as necessary to exercise its rights or perform its
obligations under and in accordance with this Agreement;
(b) except as may be permitted by and subject to its compliance with Section 9.4, not disclose or permit access to
Confidential Information other than to its Representatives who: (i)need to know such Confidential Information for
purposes of the Receiving Party's exercise of its rights or performance of its obligations under and in accordance
with this Agreement; (ii) have been informed of the confidential nature of the Confidential Information and the
Receiving Party's obligations under this Section 9.3; and (iii) are bound by confidentiality and restricted use
obligations at least as protective of the Confidential Information as the terms set forth in this Section 9;
(c) safeguard the Confidential Information from unauthorized use, access, or disclosure using at least the degree
of care it uses to protect its similarly sensitive information and in no event less than a reasonable degree of care;
(d) promptly notify the Disclosing Party of any unauthorized use or disclosure of Confidential Information and take
all reasonable steps to prevent further unauthorized use or disclosure; and
(e) ensure its Representatives'compliance with,and be responsible and liable for any of its Representatives' non-
compliance with,the terms of this Section 9.
(f) notwithstanding any other provisions of this Agreement,the Receiving Party's obligations under this Section 9
with respect to any Confidential Information that constitutes a trade secret under any applicable Law will continue
until such time, if ever,as such Confidential Information ceases to qualify for trade secret protection under one or
more such applicable Laws other than as a result of any act or omission of the Receiving Party or any of its
Representatives.
9.4 Compelled Disclosures. If the Receiving Party or any of its Representatives is compelled by applicable Law to
disclose any Confidential Information then, to the extent permitted by applicable Law, the Receiving Party shall: (a)
promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing
Party can seek a protective order or other remedy or waive its rights under Section 9.3; and (b) provide reasonable
assistance to the Disclosing Party in opposing such disclosure or seeking a protective order or other limitations on
disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this
Section 9.4, the Receiving Party remains required by Law to disclose any Confidential Information,the Receiving Party
shall disclose only that portion of the Confidential Information that,on the advice of the Receiving Party's legal counsel,
the Receiving Party is legally required to disclose.
WGI SaaS Agreement Rev.010218 9
10. Intellectual Property Rights.
10.1 Provider Materials.We retain all right,title,and interest in and to the Provider Materials,including all Intellectual
Property Rights therein and, with respect to Third-Party Materials, the applicable third-party providers own all right,
title,and interest,including all Intellectual Property Rights,in and to the Third-Party Materials.You have no right,license,
or authorization with respect to any of the Provider Materials except as expressly set forth in Section 2.1 or the applicable
third-party license, in each case subject to Section 3.1. We expressly retain all other rights in and to the Provider
Materials. In furtherance of the foregoing,you hereby unconditionally and irrevocably grant to us an assignment of all
right,title,and interest in and to the Resultant Data, including all Intellectual Property Rights relating thereto.
10.2 Customer Data. As between you and us,you are and will remain the controller and sole and exclusive owner of
all right,title,and interest in and to all Customer Data, including all Intellectual Property Rights relating thereto,subject
to the rights and permissions granted in Section 10.3.
10.3 Consent to Use Customer Data. You hereby irrevocably grant all such rights and permissions in or relating to
Customer Data as are necessary or useful to us,our Subcontractors,and Provider Personnel to(a)provide the Services,
(b)to analyze the Customer Data to(i)operate,maintain,manage,and improve our products and services,and(ii)create
new products and services, (b) enforce this Agreement, (c) compile the Resultant Data, and (d) exercise such rights as
we,our Subcontractors,and Provider Personnel may require to perform our obligations hereunder.
11. Representations and Warranties.
11.1 Provider Representations,Warranties, and Covenants. We represent,warrant, and covenant to you that we will
perform the Services using personnel of required skill, experience, and qualifications and in a professional and
workmanlike manner in accordance with generally recognized industry standards for similar services and will devote
adequate resources to meet our obligations under this Agreement.
11.2 Customer Representations,Warranties,and Covenants.You represent,warrant,and covenant to us that you own
or otherwise have and will maintain the necessary rights and consents in and relating to the Customer Data so that, as
received by us and Processed in accordance with this Agreement, they do not and will not infringe, misappropriate, or
otherwise violate any Intellectual Property Rights, or any privacy or other rights of any third party or violate any
applicable Law.
11.3 DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTIONS 11.1 AND 11.2,
ALL SERVICES AND PROVIDER MATERIALS ARE PROVIDED"AS IS."WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE,AND NON-INFRINGEMENT,AND ALL WARRANTIES
ARISING FROM COURSE OF DEALING, USAGE,OR TRADE PRACTICE.WITHOUT LIMITING THE FOREGOING,WE MAKE NO
WARRANTY OF ANY KIND THAT THE SERVICES OR PROVIDER MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE
THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE
ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANYSOFTWARE,SYSTEM,OR OTHER SERVICES,OR BE SECURE,
ACCURATE,COMPLETE, FREE OF HARMFUL CODE,OR ERROR FREE.ALL THIRD-PARTY MATERIALS ARE PROVIDED"AS IS"
AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN
YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS.
12. Indemnification.
12.1 Provider Indemnification. We agree to indemnify, defend, and hold harmless you and your officers, directors,
employees,agents, permitted successors,and permitted assigns(each,a "Customer Indemnitee")from and against any
and all Losses incurred by you or a Customer Indemnitee resulting from any Action by a third party (other than your
Affiliate)that your use or an Authorized User's use of the Services(excluding Customer Data and Third-Party Materials)
in accordance with this Agreement (including the Specifications) infringes or misappropriates such third party's U.S.
Intellectual Property Rights. The foregoing obligation does not apply to the extent that the alleged infringement arises
WGI SaaS Agreement Rev.010218 10
from:
(a) Third-Party Materials or Customer Data;
(b) access to or use of the Provider Materials in combination with any hardware, system, software, network, or
other materials or service that we did not provide or that was not specified for your use in the Documentation;
(c) modification of the Provider Materials other than: (i) by or on behalf of us; or(ii)with our written approval in
accordance with our written specification;
(d) failure to timely implement any modifications, upgrades, replacements, or enhancements made available to
you by or on behalf of us;or
(e) act,omission,or other matter described, in Section 12.2(a)Section 12.2(b), Section 12.2(c),or Section 12.2(d),
whether or not the same results in any Action against or Losses by any Provider Indemnitee.
12.2 Customer Indemnification. You agree to indemnify, defend, and hold harmless us and our Subcontractors and
Affiliates, and each of our and their respective officers, directors, employees, agents, successors, and assigns (each, a
"Provider Indemnitee") from and against any and all Losses incurred by such Provider Indemnitee resulting from any
Action by a third party (other than an Affiliate of a Provider Indemnitee) to the extent that such Losses arise out of or
result from,or are alleged to arise out of or result from:
(a) Customer Data, including any Processing of Customer Data by us or on our behalf in accordance with this
Agreement;
(b) any other materials or information (including any documents, data, specifications, software, content, or
technology) provided by you or on behalf of you or any Authorized User, including our compliance with any
specifications or directions provided by or on behalf of you or any Authorized User to the extent prepared without
any contribution by us;
if
this A ebligatiens u ndeee.- , ...-.,.,.,.,ent; 9 , ,
eevenants,
4}LcLgross negligence or more culpable act or omission (including recklessness or willful misconduct) by you,any
Authorized User,or any third party on behalf of you or any Authorized User, in connection with thisAgreement.
paFty seekiRg iRdeFRRifiG@ti9R (the "IlRdemRitee") shall eeepeFate with the etheF paFty (the "lRdeR;RitoF") at the
delayed. if the Ind-eMpite-F fails A-F refuses te assume eelptre-11 ef the defelpse ef such Aetien, the IndeMpitee shall
the Fight, but ne ebligatien, te defend against sueh Aetien, ineluding settling sueh Aetien afteF giving netwee te
4-2--412.3 Mitigation. If any of the Services or Provider Materials are, or in our opinion are likely to be, claimed to
infringe, misappropriate, or otherwise violate any third-party Intellectual Property Right, or if you or any Authorized
User's use of the Services or Provider Materials is enjoined or threatened to be enjoined,we may,at our option and sole
cost and expense:
WGI SaaS Agreement Rev.010218 11
(a) obtain the right for you to continue to use the Services and Provider Materials materially as contemplated by
this Agreement;
(b) modify or replace the Services and Provider Materials, in whole or in part, to seek to make the Services and
Provider Materials (as so modified or replaced) non-infringing, while providing materially equivalent features and
functionality, in which case such modifications or replacements will constitute Services and Provider Materials, as
applicable, under this Agreement;or
(c) by written notice to you, terminate this Agreement with respect to all or part of the Services and Provider
Materials, and require that you immediately cease any use of the Services and Provider Materials or any specified
part or feature thereof.
Sole Remedy. THIS SECTION 12 SETS FORTH YOUR SOLE REMEDIES AND OUR SOLE LIABILITY AND
OBLIGATION FOR ANY ACTUAL,THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES AND PROVIDER MATERIALS OR
ANY SUBJECT MATTER OF THIS AGREEMENT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY
INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
13. Limitations of Liability.
13.1 EXCLUSION OF DAMAGES. IN NO EVENT WILL `^NEITHER PARTY OR ANY 9-FL-THEIR944 LICENSORS, SERVICE
PROVIDERS, AGENTS, EMPLOYEES, OFFICIALS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS
AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE,
BUSINESS,REVENUE,OR PROFIT OR DIMINUTION IN VALUE;(b)IMPAIRMENT,INABILITYTO USE OR LOSS,INTERRUPTION
OR DELAY OF THE SERVICES(c) LOSS, DAMAGE,CORRUPTION OR RECOVERY OF DATA,OR BREACH OF DATA OR SYSTEM
SECURITY, (d) COST OF REPLACEMENT GOODS OR SERVICES, (e) LOSS OF GOODWILL OR REPUTATION, OR (f)
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF
WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR
DAMAGES WERE OTHERWISE FORESEEABLE,AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY
OF ITS ESSENTIAL PURPOSE.
TWIS AGREEMENT, WH ETH ER AIR ISING 11 N-DER Q-R R ELATED TQ- BREAC-141 9P CQNTRACT-,T-QRT-(I Ncllj DIN(; NI Ew IwNIGE-�,
AGREEMENT IN'THIi 12 MONITH PERIOD PRECEDING THIi P�EISIT GIVING RISE TO THIi FIRSTC-1 WA M4 N BY CUSTOMER.
14. Term and Termination.
14.1 Initial Term.The initial term of this Agreement commences as of the Effective Date and,unless terminated earlier
pursuant any of this Agreement's express provisions, will continue in effect until three (3) years from such date (the
"Initial Term").
14.2 Renewal Term. Upon expiration of the Initial Term this Agreement will automatically renew for successive one
(1)year terms unless earlier terminated pursuant to this Agreement's express provisions or either party gives the other
party written notice of non-renewal at least 90 days prior to the expiration of the then-current term (each a "Renewal
Term"and,collectively,together with the Initial Term,the "Term").
14.3 Termination. In addition to any other express termination right set forth elsewhere in this Agreement:
(a) we may terminate this Agreement, effective on written notice to you, if you: (i)fail to pay any amount when
WGI SaaS Agreement Rev.010218 12
due hereunder,and such failure continues more than 30 days after we provide you with written notice thereof; or
(ii) breach any of your obligations under Section 3.1,Section 7.3,or Section 9;
(b) either party may terminate this Agreement, effective on 30 days written notice to the other party, if the other
party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure,
remains uncured 30 days after the non-breaching party provides the breaching party with written notice of such
breach,and
(c) either party may terminate this Agreement,effective immediately upon written notice to the other party,if the
other party: (i) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (ii)
files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject,
voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency Law; (iii)
makes or seeks to make a general assignment for the benefit of its creditors; or(iv) applies for or has appointed a
receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take
charge of or sell any material portion of its property or business.
14.4 Effect of Termination or Expiration. Upon any expiration or termination of this Agreement, except as expressly
otherwise provided in this Agreement:
(a) all rights,licenses,consents,and authorizations granted by either party to the other hereunder will immediately
terminate;
(b) we agree to immediately cease all use of any Customer Data or your Confidential Information and (i) promptly
return to you, or at your written request destroy, all documents and tangible materials containing, reflecting,
incorporating, or based on Customer Data or your Confidential Information; and (ii) subject to Section 14.5,
permanently erase all Customer Data and your Confidential Information from all systems we directly or indirectly
control; provided that,for clarity, our obligations under this Section 14.4(b)do not apply to any Resultant Data;
(c) you agree to immediately cease all use of any Services or Provider Materials and (i) promptly return to us,or at
our written request destroy,all documents and tangible materials containing,reflecting,incorporating,or based on
any Provider Materials or our Confidential Information, and (ii) permanently erase all Provider Materials and our
Confidential Information from all systems you directly or indirectly control;
(d) notwithstanding anything to the contrary in this Agreement,with respect to information and materials then in
its possession or control: (i)the Receiving Party may retain the Disclosing Party's Confidential Information; (ii) we
may retain Customer Data; and (iii)you may retain Provider Materials, in the case of each of subclause (i), (ii) and
(iii),in its then current state and solely to the extent and for so long as required by applicable Law; (iv)we may also
retain Customer Data in our backups, archives, and disaster recovery systems until such Customer Data is deleted
in the ordinary course pursuant to Section 14.5; and (v) all information and materials described in this Section
14.4(d)will remain subject to all confidentiality,security,and other applicable requirements of thisAgreement;
(e) we may disable your and your Authorized User's access to the Services and the Provider Materials;
(f) if you terminate this Agreement pursuant to Section 14.3(b), you will be relieved of any obligation to pay any
Fees attributable to the period after the effective date of such termination and we will refund to you Fees paid in
advance for Services that we have not performed as of the effective date of termination; and
(g) if we terminate this Agreement pursuant to Section 14.3(a)or Section 14.3(b),all Fees that would have become
payable had the Agreement remained in effect until expiration of the Term will become immediately due and
payable, and you agree to pay such Fees,together with all previously-accrued but not yet paid Fees on receipt of
our invoice therefor.
WGI SaaS Agreement Rev.010218 13
14.5 Return of Customer Data.
(a) During the Term.You may retrieve Customer Data at any time during the Term.
(b) Upon Termination. We will not delete Customer Data for a period of 60 days following termination (the "Post-
Termination Retention Period"). During the Post-Termination Retention Period you may retrieve Customer Data
only if you have paid all amount due under this Agreement. We will make the Customer Data available to you in a
non-proprietary format and assist you with retrieval during the Post-Termination Retention Period.You agree to pay
our reasonable expenses, on a time and materials basis,for the assistance we provide in assisting you with retrieval
of the Customer Data. WE HAVE NO OBLIGATION TO MAINTAIN THE CUSTOMER DATA BEYOND THE POST-
TEMINATION RETENTION PERIOD, AND WE MAY THEREAFTER DELETE THE CUSTOMER DATA, UNLESS LEGALLY
PROHIBITED FROM DOING SO, OR UNLESS AN EXTENSION OF THE POST-TERMINATION RETENTION PERIOD IS
AGREED TO. Upon your request and provided that you have paid all amounts due under this Agreement, we may
agree to a reasonable extension of the Post-Termination Retention Period. If we are legally prevented from deleting
the Customer Data beyond the Post-Termination Retention Period you agree to pay all costs associated with
continued storage until the Customer Data is either deleted or retrieved by you.
14.6 Surviving Terms.The provisions set forth in the following sections,and any other right or obligation of the parties
in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any
expiration or termination of this Agreement: Section 3.1, Section 9, Section 11.4, Section 12, Section 13, Section 14.4,
Section 14.5,this Section 14.6,and Section 15.
15. Miscellaneous.
15.1 Further Assurances. Upon a party's reasonable request,the other party shall,at the requesting party's sole cost
and expense, execute and deliver all such documents and instruments, and take all such further actions, as may be
necessary to give full effect to this Agreement.
15.2 Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing
contained in this Agreement shall be construed as creating any agency,partnership,joint venture,or other form of joint
enterprise,employment,or fiduciary relationship between the parties,and neither party shall have authority to contract
for or bind the other party in any manner whatsoever.
15.3 Public Announcements. Neither party shall issue or release any announcement, statement, press release, or
other publicity or marketing materials relating to this Agreement or, unless expressly permitted under this Agreement,
otherwise use the other party's trademarks,service marks,trade names,logos,domain names,or other indicia of source,
association, or sponsorship, in each case,without the prior written consent of the other party,which consent shall not
be unreasonably withheld; provided, however, that we may, without your consent, include or display your name, logo
and other indicia in our lists of current or former customers in promotional and marketing materials.
15.4 Notices. Any notice, request, consent, claim, demand, waiver, or other communications under this Agreement
have legal effect only if in writing and addressed to a party as follows(or to such other address or such other person that
such party may designate from time to time in accordance with this Section 15.4):
If to Provider: 415 Century Parkway,Allen,TX 75013
Facsimile:
Email:
Attention:
If to Customer: [CUSTOMER ADDRESS]
WGI SaaS Agreement Rev.010218 14
Facsimile:[FAX NUMBER]
Email: [EMAIL ADDRESS]
Attention: [NAME AND TITLE OF INDIVIDUAL TO RECEIVE NOTICES]
Notices sent in accordance with this Section 15.4 will be deemed effectively given: (a) when received, if delivered by
hand, with signed confirmation of receipt; (b) when received, if sent by a nationally recognized overnight courier,
signature required;(c)when sent,if by facsimile or email,(in each case,with confirmation of transmission),if sent during
the addressee's normal business hours, and on the next business day, if sent after the addressee's normal business
hours; and (d) on the third day after the date mailed by certified or registered mail, return receipt requested, postage
prepaid.
15.5 Interpretation. For purposes of this Agreement: (a)the words"include,""includes,"and"including"are deemed
to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof,"
"hereby," "hereto," and "hereunder" refer to this Agreement as a whole; (d) words denoting the singular have a
comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders.
Unless the context otherwise requires, references in this Agreement: (x) to sections, exhibits, schedules, and
attachments mean the sections of, and exhibits, schedules, and attachments attached to, this Agreement; (y) to an
agreement, instrument, or other document means such agreement, instrument, or other document as amended,
supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute
means such statute as amended from time to time and includes any successor legislation thereto and any regulations
promulgated thereunder.The parties intend this Agreement to be construed without regard to any presumption or rule
requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
The exhibits, schedules, and attachments referred to herein are an integral part of this Agreement to the same extent
as if they were set forth verbatim herein.
15.6 Headings. The headings in this Agreement are for reference only and do not affect the interpretation of this
Agreement.
15.7 Entire Agreement. This Agreement, together with any other documents incorporated herein by reference,
constitutes the sole and entire agreement of the parties with respect to the subject matter of this Agreement and
supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written
and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the
body of this Agreement,the related exhibits,schedules,and attachments and any other documents incorporated herein
by reference,the following order of precedence governs: (a)first,this Agreement,excluding its exhibits,schedules,and
attachments; (b) second, the exhibits, schedules, and attachments to this Agreement as of the Effective Date; and (c)
third,any other documents incorporated herein by reference.
15.8 Assignment. Neither party may assign or transfer this Agreement or its rights or obligations hereunder without
the prior consent of the other party; provided, that we may assign or transfer this Agreement or any of our rights or
obligations hereunder without your consent in connection with(a)the sale of all or substantially all of our stock or assets;
(b) a merger or acquisition, whether we are the surviving or disappearing entity; (c) a corporate reorganization; or (d)
transfer to a subsidiary or affiliate entity.This Agreement is binding upon and inures to the benefit of the parties hereto
and their respective successors and permitted assigns.
15.9 Force Majeure.
(a) No Breach or Default. In no event will either party be liable or responsible to the other party, or be deemed to
have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of
this Agreement, (except for any obligations to make payments), when and to the extent such failure or delay is
caused by any circumstances beyond such party's reasonable control (a "Force Majeure Event"), including acts of
God,flood,fire,earthquake or explosion,war,terrorism,invasion,riot or other civil unrest,embargoes or blockades
in effect on or after the date of this Agreement, national or regional emergency,strikes, labor stoppages or
WGI SaaS Agreement Rev.010218 15
slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public
authority, including imposing an embargo,export or import restriction,quota,or other restriction or prohibition or
any complete or partial government shutdown, or national or regional shortage of adequate power or
telecommunications or transportation. Either party may terminate this Agreement if a Force Majeure Event
affecting the other party continues substantially uninterrupted for a period of 30 days or more.
(b) Affected Party Obligations. In the event of any failure or delay caused by a Force Majeure Event, the affected
party shall give prompt written notice to the other party stating the period of time the occurrence is expected to
continue and use commercially reasonable efforts to end the failure or delay and minimize the effects of such Force
Majeure Event.
15.10 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective
successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other
Person any legal or equitable right,benefit,or remedy of any nature whatsoever under or by reason of this Agreement.
15.11 Amendment and Modification; Waiver. No amendment to or modification of or rescission, termination, or
discharge of this Agreement is effective unless it is in writing and signed by each party. No waiver by any party of any of
the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as
otherwise set forth in this Agreement,no failure to exercise,or delay in exercising,any rights,remedy,power,or privilege
arising from this Agreement will operate or be construed as a waiver thereof; nor shall any single or partial exercise of
any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any
other right, remedy, power,or privilege.
15.12 Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction,
such invalidity, illegality,or unenforceability shall not affect any other term or provision of this Agreement or invalidate
or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or
other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this
Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in
order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent
possible.
15.13 U.S. Government Rights. The Services are provided to the U.S. government as "commercial items",
"commercial computer software",commercial computer software documentation",and"technical data",with the same
rights and restrictions generally applicable to the Services. If you are using the Services on behalf of the U.S.government
and these terms fail to meet the U.S.government's needs or are inconsistent in any respect with federal law,you agree
to immediately discontinue use of the Services. The terms as "commercial items", "commercial computer software",
commercial computer software documentation", and "technical data" as used in this Section 15.13 have the same
meaning as in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
15.14 Governing Law&Venue. This Agreement shall be governed by and construed in accordance with the laws of
the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state
or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the
jurisdiction of these courts, whether based on convenience or otherwise. geve ed by and eenstF- ^ '
The United Nations
Convention for International Sale of Goods does not apply to this Agreement._
15.15 No Discrimination.Provider agrees not to discriminate in providing products and services under this Agreement on
the basis of race,color, sex,creed, national origin,disability,age, sexual orientation,status with regard to public assistance,
or religion. If Provider violates any part of this provision, Customer may immediately terminate this Agreement. Provider
agrees to comply with the Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of
1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Provider agrees to hold harmless and
indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or
proceeding brought alleging a violation of these laws by Provider. Upon request, Provider shall provide accommodation
to allow individuals with disabilities to participate in all Services under this Agreement. Provider agrees to utilize its own
WGI SaaS Agreement Rev.010218 16
auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with
disabilities.
15.16 Data Practices Act Compliance. Notwithstanding anything to the contrary herein, any and all data provided to
Provider, received from Provider, created, collected, received, stored, used, maintained, or disseminated by Provider
pursuant to this Agreement shall be administered in accordance with,and is subject to the requirements of the Minnesota
Government Data Practices Act,Minnesota Statutes,Chapter 13.Provider shall notify Customer within three business days
if it receives a data request from a third party. This paragraph does not create a duty on the part of Provider to provide
access to public data to the public if the public data are available from Customer,except as otherwise required by the terms
of this Agreement.These obligations shall survive the termination or completion of this Agreement.
15.17 Compliance with Laws. Provider shall exercise due professional care to comply with applicable federal, state
and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services.
Provider's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and
subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as
defined on the City's Tobacco, Drug,and Alcohol Policy,as well as all other reasonable work rules,safety rules,or policies,
and procedures regulating the conduct of persons on City property,at all times while performing duties pursuant to this
Agreement. Provider agrees and understands that a violation of any of these policies, procedures, or rules constitutes a
breach of the Agreement and sufficient grounds for immediate termination of the Agreement by Customer
15.18 Records/Inspection. Pursuant to Minnesota Statutes§ 16C.05,subd.5, Provider agrees that its books, records,
documents, and accounting procedures and practices that are relevant to the contract or transaction, are subject to
examination by Customer and the state auditor or legislative auditor for a minimum of six years. Provider shall maintain
such records for a minimum of six years after final payment. The parties agree that this obligation will survive the
completion or termination of this Agreement.
15.19 Counterparts.This Agreement may be executed in counterparts,each of which is deemed an original,but all of
which together are deemed to be one and the same agreement.A signed copy of this Agreement delivered by facsimile.
email,or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed
copy of this Agreement.
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WGI SaaS Agreement Rev.010218 17
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first above written.
[CUSTOMER NAME] WATCHGUARD, INC.
By: By:
Name Printed: Name Printed:
Title: Title:
WGI SaaS Agreement Rev.010218 18
EXHIBIT A
SERVICES,SERVICE ALLOCATION and FEES
The Services: Cloud-based,software-as-a-service evidence management data storage platform using Microsoft Azure
Government Cloud Storage services fully-hosted in one or more secure Microsoft data centers.
Service Allocations
and Fees: Plan I(Unlimited)
Unlimited Storage available for customers with data retention policies as follows:
• a one-year storage period for non-evidentiary recordings;
• a 10-year storage period for evidentiary recordings;and
• the video recording policy is event-based (i.e. policies that do not require officers to
record entire shifts)
For purposes of this Plan,the term "evidentiary recordings" refers to data having relevance
to a legal trial or regulatory hearing.
Plan costs are based on a per-device basis,which means that the Plan does not have a per-
user fee, meaning that an unlimited number of users can access data using the Services.
This Plan also features unlimited data sharing, using the Company's CLOUD-SHARE on-
premises software.
Plan cost is based upon the customer's choice of two options: (a) a per-device fee of$495
per contract year for assigned(i.e.,individual use)devices,or(b)a per-device fee of$695 per
contract year for pooled (i.e., shared) devices. There is also a $0.03 per GB per device per
month for storage that does not meet these requirements.
When the actual usage across all devices averages less than 700 GB per device over a
contract year,at the end of each calendar year the customer will be rebated an amount
equal to$0.03 per GB per month ($0.36 per GB per calendar year)for each GB under 700
GB actually used per device.The rebate is offered in cash or as a credit against future
charges for the Services.
Plan II(Actual Usage)
Plan cost is based upon a per-device fee of$245 per calendar year for assigned (i.e.,
individual)devices,or$345 per device per calendar year for pooled (i.e.,shared)devices, plus a
flat fee of$0.03 per GB per device per month.
There are no limitations on the number of users who may access data using the Services under this
Plan.
This Plan is available for both event-based and shift-based video recording policies.
WGI SaaS Agreement Rev.010218 19
EXHIBIT B
Cloud Addendum
(See attached)
WGI SaaS Agreement Rev.010218 20
EXECUTIVE SUMMARY
City Administration
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
March 2, 2021
Agenda Item
3. E. 2. Authorization to Sign Police Sergeants (LELS Local 34) Agreement
Prepared By
Maria Cisneros, City Attorney
Kirsten Santelices, Human Resources Director
Summary
This item is the topic of the Executive Session held immediately prior to the Council meeting.
Information will be provided at the Council Meeting pending the outcome of the discussion at the
Executive Session.
Financial Or Budget Considerations
N/A
Recommended Action
Motion to approve 2021-2022 Police Sergeant's Agreement.
Supporting Documents
• Link to Sergeant's 2021-2022 Labor Relations Contract
o This link is active but the document will not be officially uploaded and accessible to the
public until the adjournment of the March 2 City Council Closed Executive Session.
Public access will also be dependent on the outcome of that meeting.
EXECUTIVE SUMMARY
Physical Development
763-593-8030 / 763-593-8109 (fax)
Golden Valley City Council Meeting
March 2, 2021
Agenda Item
3. F. 1. Approve Resolution No. 21-08 Supporting Submittal of Application to Minnesota Pollution
Control Agency for Minnesota GreenCorps Host Site
Prepared By
Drew Chirpich, Environmental Specialist
Summary
Minnesota GreenCorps is an AmeriCorps program that began in 2009. The goal of Minnesota
GreenCorps is to preserve and protect Minnesota's environment while training a new generation of
environmental professionals. The program places members with host sites around the state to assist
communities and local governments in addressing a variety of statewide needs. For the 2021-2022
program year, the Minnesota Pollution Control Agency (MPCA) anticipates placing and supporting up
to 48 full-time GreenCorps members throughout Minnesota. More information is available at:
https://www.pca.state.mn.us/mngreencorps/program-information.
The City has been successful applying for GreenCorps members in the past. A GreenCorps member
worked at City Hall from September 2016 to August 2017. The member focused on GreenStep Cities
initiatives, developing the City's Resilience & Sustainability Plan, and implementing the City's Natural
Resources Management Plan. The City also hosted GreenCorps Members for the 2019-2020 and 2020-
2021 terms. Members workied on the City's recycling and organics programs, and energy efficiency
and emissions reductions respectively.
If selected by MPCA, the GreenCorps member would work on a full-time basis from September 2021 to
August 2022. The GreenCorps member would assist the City with implementing its Energy Action Plan
with an emphasis on equity, addressing energy cost burden, and engaging multifamily units in energy
efficiency opportunities.
If the City is selected as a host site, the City is required to provide in-kind support in the form of staff
supervision, office materials, mileage reimbursement or use of a city vehicle, safety gear, and training
as needed. Staff is confident that the City has the capacity and staff experience to provide the required
in-kind support.
A resolution of support from City Council is required as part of the application process.
City Council Regular Meeting Executive Summary 2
City of Golden Valley
March 2, 2021
Financial Or Budget Considerations
None
Recommended Action
Motion to adopt Resolution No. 21-08 to Support Submittal of Application to Minnesota Pollution
Control Agency for Minnesota GreenCorps Host Site
Supporting Documents
Resolution No. 21-08 to Support Submittal of Application to Minnesota Pollution Control Agency for
Minnesota GreenCorps Host site (1 page)
RESOLUTION NO. 21-08
RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION
TO MINNESOTA POLLUTION CONTROL AGENCY
FOR MINNESOTA GREENCORPS HOST SITE
WHEREAS, the City of Golden Valley is eligible to apply for the placement of one
Minnesota Pollution Control Agency GreenCorps member at City Hall for the next program
year (September 2021-August 2022); and
WHEREAS, the selected candidate would work with staff and the Environmental
Commission to implement the City's Energy Action Plan, GreenStep Cities program, and
engaging multifamily units in reducing energy burden and
WHEREAS, the selected candidate would focus on assisting the City with its energy
consumption and efficiency goals, objectives, and implementation actions; and
WHEREAS, staff has reviewed all terms and conditions of this funding opportunity
and finds them to be satisfactory.
NOW THEREFORE BE IT RESOLVED by the City Council of Golden Valley that the
Council is supportive of staff's submittal of an application to the Minnesota Pollution Control
Agency for the placement of one Minnesota GreenCorps member at City Hall from
September 2021 to August 2022.
Adopted by the City Council of Golden Valley, Minnesota this 2nd day of March, 2021 .
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
March 2, 2021
Agenda Item
3. F. 2. Approve Agreement with the Minnesota DNR and Approve Resolution to Accept the DNR Grant
for the Briarwood Nature Area Habitat Restoration.
Prepared By
Drew Chirpich, Environmental Specialist
Summary
The Minnesota Department of Natural Resources (DNR) manages the Conservation Partners Legacy
(CPL) program to provide competitive matching grants to restore, protect or enhance prairies,
wetlands, forests, or habitat for fish, game, or wildlife in Minnesota. Nonprofit organizations and
government entities are eligible for CPL funding. In 2019 this grant program funded work in the Bassett
Creek Nature Area, and in 2020 it funded work in Pennsylvania Woods Nature Area.
City staff recognized this as an excellent opportunity to fund restoration and habitat enhancement in
one of its natural areas, Briarwood Nature Area. The scope of the project will be to remove invasive
species such as buckthorn and to seed and plant desirable native species that enhance habitat,
recreational use, and prevent erosion throughout the nature area, as shown in the attached location
map.
This work aligns with the City's goals in its Natural Resource Management Plan. Goal #1 is to protect,
preserve, restore, enhance and acquire natural areas and open space. Within the plan are concept
plans and implementation actions for each nature area. Staff worked with the Environmental
Commission to prioritize work in its nature areas, and based upon many criteria, Briarwood Nature
Area was the highest-ranking area for this type of restoration project.
On January 5, 2021 the City Council approved a resolution authorizing the execution of a Conservation
Partners Legacy Grant application with the Minnesota Department of Natural Resources. The DNR
recently notified the staff that Golden Valley was awarded the full $50,000 grant request to complete
the restoration project. After entering into the Grant Agreement, staff will issue a request for quotes
to employ a contractor to implement the project. Removal of invasive species within the Nature Area is
expect to commence in the fall or winter of 2020. Planting and seeding will occur the following spring.
Ongoing integrated plant management for the project will continue through 2023.
City Council Regular Meeting Executive Summary 2
City of Golden Valley
March 2, 2021
The anticipated project timeline is as follows:
February 2021: Grant Awarded
March 2021: City Council approves grant agreement
April 2021: Request for quotes
May 2021: City Council approves project contract
Financial or Budget Considerations
The award for the grant is $50,000. The City will be required to provide a local match of 10% cash or in-
kind resources up to $5,000. Funding is available in the Environmental Control Account 7303.6340.
Recommended Action
Motion to authorize the Mayor and City Manager to execute an agreement with the Department of
Natural Resources in the form approved by the City Attorney and to approve Resolution No. 21-09
accepting a grant from the Minnesota DNR for the Conservation Partners Legacy Grant Program for the
Briarwood Nature Area Habitat Restoration.
Supporting Documents
• Location Map
• Signed Copy of Resolution No. 21-01 Authorizing Grant Application (1 page)
• Resolution No. 21-09 - accepting a grant from the Minnesota DNR for the Conservation Partners
Legacy Grant Program (2 pages)
• Conservation Partners Legacy Grant Program Encumbrance Agreement (12 pages)
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DocuSign Envelope ID:8F8658C2-EF36-451F-A504-1)33CA81EBEF4
RESOLUTION NO. 21-01
RESOLUTION AUTHORIZING EXECUTION OF A
CONSERVATION PARTNERS LEGACY GRANT APPLICATION
WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES
WHEREAS, that the City of Golden Valley, hereinafter referred to as the "Applicant" act
as legal sponsor for the project contained in the Conservation Partners Legacy Grant
Application submitted on January19th, 2021 and that the Director of the Physical Development
Department is hereby authorized to apply to the Department of Natural Resources for funding of
this project on behalf of the Applicant.
WHEREAS, that the Applicant has the legal authority to apply for financial assistance,
and the institutional, administrative, and managerial capability to ensure adequate acquisition,
maintenance and protection of the proposed project.
WHEREAS, that the Applicant has the financial capability to provide the required
matching funds, in the amount of$5,000.
WHEREAS, that the source of Applicant's matching funds shall not include other State
funds.
WHEREAS, that the Applicant hereby pledges to complete the project or phase if it
exceeds the total funding provided by the Department of Natural Resources and any required
local match.
WHEREAS, that the Applicant has not incurred any costs and has not entered into any
written agreements to purchase property proposed by this project.
WHEREAS, that the Applicant has not violated any Federal, State, or local laws
pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or
corrupt practice.
WHEREAS, that upon approval of its application by the state, the Applicant may enter
into an agreement with the State of Minnesota for the above referenced project and that the
Applicant certifies that it will comply with all applicable laws and regulations as stated in the draft
contract agreement.
NOW, THEREFORE BE IT RESOLVED that the City Council for the City of Golden
Valley authorizes the Physical Development Director to execute such agreements as are
necessary to implement the project on behalf of the applicant.
Adopted by the City Council of Golden Valley, Minnesota this 51h day of January, 2021.
QocuSigned by:
. RAnis
e' Shepar arris, Mayor
Lc i4ned by:
T
eresIa 0 8tgVima, City Clerk
RESOLUTION #21-09
RESOLUTION ACCEPTING A GRANT FROM
THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR THE
CONSERVATION PARTNERS LEGACY GRANT PROGRAM
WHEREAS the City of Golden Valley, hereinafter referred to as the "Applicant"
applied for the Conservation Partners Legacy Grant Application on January 19, 2021 .
WHEREAS that the Applicant has the legal authority to apply for financial
assistance, and the institutional, administrative, and managerial capability to ensure
adequate acquisition, maintenance and protection of the proposed project.
WHEREAS that the Applicant has the financial capability to provide the required
matching funds, in the amount not to exceed $5,000.
WHEREAS that the source of Applicant's matching funds shall not include other
State funds.
WHEREAS that the Applicant hereby pledges to complete the project or phase if
it exceeds the total funding provided by the Department of Natural Resources and any
required local match.
WHEREAS that the Applicant has not incurred any costs and has not entered
into any written agreements to purchase property proposed by this project.
WHEREAS that the Applicant has not violated any Federal, State, or local laws
pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other
unlawful or corrupt practice.
NOW THEREFORE BE IT RESOLVED that upon approval of its application by
the state, the Applicant may enter into an agreement with the State of Minnesota for the
above referenced project and that the Applicant certifies that it will comply with all
applicable laws and regulations as stated in the contract agreement.
BE IT FURTHER RESOLVED that the City Council for the City of Golden Valley
authorizes the City Manager to execute such agreements as are necessary to
implement the project on behalf of the applicant.
BE IT FURTHER RESOLVED that the City Council of the City of Golden Valley,
Minnesota, that the City accepts the grant on behalf of its citizens.
Passed by the City Council of Golden Valley, Minnesota this 2nd day of March 2021 .
Shepard M. Harris, Mayor
ATTEST:
Theresa Schyma, City Clerk
State Accounting Information PO Number:
CONSERVATION PARTNERS LEGACY GRANT PROGRAM
ENCUMBRANCE WORKSHEET
City of Golden Valley/ Briarwood Habitat
Restoration))
State Accounting information:
SWIFT Contract Doc. Type: SWIFT Contract#:
SWIFT Contract Line# (Annual Plans): SWIFT Purchase Order#:
Agency: Submitted By: Origin: Vendor#: Category
R2901 Kathy Varble A24 «Vendor_Number» Code:
84101501
Total Amount of For FY:
Contract for ALL $50�000 Total Amount of Contract: $50,000
21
years:
Total Amount of For FY: For FY:
Contract: Total Amount of Contract:
Contract Start Date: Upon Execution Speedchart Name:
Contract Expiration Date: June 30, 2024 Speedchart Number:
Grantee Name and Address: CITY OF GOLDEN VALLEY
7800 GOLDEN VALLEY ROAD
GOLDEN VALLEY MN 55427
Did you remember to:
Check for debarred vendor? ❑ Yes❑ No
Check for annual plan limit? ❑ Yes❑ No
Work on state lands? ❑ Yes❑ No
PO Reference: KV-FY21 CPL«Project_Name»
Description: FY2021 ECP 3; ((Organization_Name)), «Project_Name». «Recital»
Statewide/Agency Reporting Funding String
Line Budget/ Amount Fund FinDeptlD ApproplD Account Statewide Agency Agency
Bond Year Cost Cost 1 Cost 2
$50,000
1 21 2300 R2936725 R296K11 "Account 2w205
_Code»
Project/ Grant Reporting Funding String
Line PC Business Project Activity Source Type Category Sub-Category
Unit
Rev.10/14 1
State Accounting Information PO Number:
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Rev.10/14 2
State Accounting Information PO Number:
STATE OF MINNESOTA
CONSERVATION PARTNERS LEGACY GRANT PROGRAM
GRANT CONTRACT
CITY OF GOLDEN VALLEY/ BRIARWOOD RESTORATION
This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources, ("State")
and City of Golden Valley,7800 Golden Valley Road,Golden Valley MN 55427("Grantee").
Recitals
1. Under Minnesota Laws 2020, Regular Session, Chapter 104,Article 1, Section 2, Subd. 5(r), and Minnesota Statute §
84.026 the State is empowered to enter into this grant.
2. «Recital»
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. 1,the Grantee agrees to minimize administrative
costs as a condition of this grant.
Grant Contract
1 Term of Grant Contract
1.1 Effective date:The date the State obtains all required signatures under Minn. Stat.06B.98, Subd. 5. Per,
Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed.
The Grantee must not begin work under this grant contract until this contract is fully executed and the
Grantee has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date:June 30,2024, 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: 2.4.
Signage; 11. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property Rights; 15. Data
Compatibility and Availability Requirements; 16. Publicity and Endorsement; 17. Governing Law,Jurisdiction,
and Venue; 23. Data Disclosure; and 24. Use of Funds for Match or Reimbursement.
2 Duties
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 Minn.Stat.§16B.97, Subd.4
(a) (1).
2.2 Perform each of the duties outlined in Attachment A, Work Plan, which is attached and incorporated into this
grant contract. Any changes to the Work Plan must have prior written approval from the State's Authorized
Representative.
2.3 Apply for and receive all necessary approvals and permits to complete the project and comply with all applicable
local, state and federal laws, ordinances, rules, and regulations. This includes all legal restrictions and
requirements contained in Minnesota Laws 2019, First Special Session, Chapter 2,Article 1, Section 2,Subd. 5(p),
and MN Statute 97A.056.
2.4 Meet all grant program requirements, as described in the Conservation Partners Legacy Grant Program (CPL)
FY2018 Request for Proposal, which is incorporated into this grant contract by reference. The Request for
Proposal (RFP) may be located at https://files.dnr.state.mn.us/fish wildlife/cpl/rfp.pdf.
2.5 Erect signage in accordance with Minnesota Laws 2009, Chapter 172, Article 5, Section 10, and MN Statute
97A.056. Signs have been designed and created and will be ordered and mailed to Grantee towards the end of
the grant period. Grantee is not responsible for the cost of signs but is responsible for placing signs according to
MN Laws.
2.6 Submit a progress report based on expenditures made and work performed during the previous year, in a form
prescribed by the State, by December 31 of each year during the term of this grant contract.A final report must
be submitted prior to or with the request for final payment.
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State Accounting Information PO Number:
2.7 To provide match as pledged in the approved Work Plan in non-state cash or in-kind services for the costs
incurred for the completion of the Project.
2.8 Follow all Invasive Species regulations, policies and procedures of the Department of Natural Resources(DNR)to
prevent or limit the introduction, establishment, and spread of invasive species (see section 4.2). This
requirement applies to all activities performed on all lands under this grant contract and is not limited to lands
under DNR control or public waters.
State's Duties
2.9 To provide Grantee up to$50,000 for the costs incurred for the completion of theProject.
2.10 For grants over$50,000, the State's Authorized Representative(s) or other designated State Representative will
conduct at least one monitoring visit per grant period. For grants over$250,000,these visits will be on an annual
basis. A monitoring visit may be in person or by telephone.
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 Project Requirements
4.1 Vegetation Requirements. All projects funded in whole or in part by this grant use only seed mixes or plant lists
approved by the Land Manager of the project site. Approval by land manager should be kept on file by grantee
for auditing purposes.
4.2 Invasive Species Prevention. The DNR requires active steps to prevent or limit the introduction, establishment,
and spread of invasive species during all activities performed on all lands under this grant contract. The grantee
and/or hired contractor shall prevent invasive species from entering into or spreading within a project site by
cleaning equipment prior to arriving at the project site.
If the equipment, vehicles,gear, or clothing arrives at the project site with soil, aggregate material, mulch,
vegetation (including seeds) or animals, it shall be cleaned by grantee/contractor furnished tool or equipment
(brush/broom, compressed air or pressure washer)at the staging area.The grantee/contractor shall dispose of
material cleaned from equipment and clothing at a location determined by the land manager. If the material
cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with
tarp) and legally dispose of offsite.
The grantee/contractor shall ensure that all equipment and clothing used for work in infested waters has been
adequately decontaminated for invasive species (ex. zebra mussels) prior to being used in non-infested waters.
All equipment and clothing including but not limited to waders,tracked vehicles, barges, boats,turbidity curtain,
sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated.
4.3 Project Sites. All restoration and enhancement projects funded with this grant must be on land
permanently protected by a conservation easement or public ownership or in public waters as defined in
Minnesota Statutes, section 103G.005, subdivision 15.
4.4. Restoration and Management Plan. Hereinafter known as R&M Plan.
(a) For all restorations, prepare and retain an ecological restoration and management plan that, to the
degree practicable, is consistent with current conservation science and ecological goals
for the restoration site. Consideration should be given to soil, geology, topography, and
other relevant factors that would provide the best chance for long-term success and durability of the
restoration. The plan shall include the proposed timetable for implementing
the restoration, including, but not limited to, site preparation, establishment of
diverse plant species, maintenance, and additional enhancement to establish the
restoration; identify long-term maintenance and management needs of the restoration
and how the maintenance, management, and enhancement will be financed; and use the
current conservation science to achieve the best restoration.
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State Accounting Information PO Number:
(b) The R&M plan shall be prepared on a form provided by the State's Authorized Representative.
4.5 Timely written contact of Conservation Corps Minnesota. All grantees must give consideration to and make
timely written contact with the Conservation Corps Minnesota or its successor for consideration of
possible use of their services to contract for restoration and enhancement services. A copy of the written
contact must be filed with the State's Authorized Representative within 10 days of grant execution.
4.6 Pollinator Best Management Practices. Habitat restorations and enhancements conducted on DNR lands and
prairie restorations on state lands or on any lands using state funds are subject to pollinator best management
practices and habitat restoration guidelines pursuant to Minnesota Statutes, section 84.973. Practices and
guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the
growing season. Current specific practices and guidelines to be followed for contract and grant work can be
found here: http://files.dnr.state.mn.us/natural resources/npc/bmp contract language.pdf.
4.7 Prescribed Burning on State Lands. For prescribed burns on state lands, contractors must meet the equipment
and personnel requirements (including training and experience) called for in the prescribed burn plan provided
by the State. Requirements can be found at
https://files.dnr.state.mn.us/forestry/wildfire/rxfire/prescribedBurn Handbook2010.pdf.
4.8 Revenues. Any revenues generated during the grant period from activities on land acquired, restored, or
enhanced with CPL funding must be disclosed to CPL staff and used for habitat purposes to be agreed
upon.
5 Additional Restrictions
CPL funded projects may not be used as future mitigation for any loss or destruction of habitat.
6 Consideration and Payment
6.1 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 according to the breakdown of costs contained in Attachment A,
which is attached and incorporated into this grant contract. Partial payments are allowed. Grantees may
vary by 10% between budget categories without prior approval from the State's Authorized Representative.
Reasonable amounts may be advanced to accommodate cash flow needs or to match federal share. The
advances must be approved in the Work Plan.
(b) Travel Expenses. Payment 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 subsistenceexpenses
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.
(c) Total Obligation.The total obligation of the State for all compensation and reimbursements to the
Grantee under this grant contract will not exceed $50,000.
6.2 Payment
(a) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services.
Invoices must be submitted, on or before 4 pm local time,July 25, 2024. Invoices must include copies of
appropriate documentation to prove the work has been completed. Invoices must be submitted in a timely
manner and in the manner described in the CPL Payment Manual, which is incorporated into this grant
contract by reference and can be found at:
http://files.dnr.state.mn.us/assistance/grants/habitat/lessard sams/grantee/payment manual.pdf
(b) Hold Back. No less than 5%of the amount of the grant must be held back from payment until the grant
recipient has completed a grant accomplishment report by the deadline in the form prescribed by and
satisfactory to the State and LSOHC.
(c) Direct Expenditures. Grant and match funds may only be used for the eligible direct expenditures as
Rev.10/14 5
State Accounting Information PO Number:
described in the approved Work Plan. Indirect costs and institutional overhead costs are ineligible.
(d) Match Requirements Met. All match requirements must have been fulfilled by the Grantee prior to final
payment by the State.
(e) Federal Funds. No Federal funds will be used.
6.3 Work assigned to the State. The Grantee may provide portions of the proceeds of this contract to the
State. Work done by the State must be so specified in the Work Plan. A letter shall be sent to the State's
Authorized Representative and include: the specific area of the Work Plan authorizing the work;the
portion of the proceeds to be used by the State; the name, title, address, phone number and e-mail
address for the State's representative assigned to accomplish the work;the expected completion date of
the work; and a brief description of the nature of the work sufficient as the basis for judgment of
whether or not the work was accomplished. If the work authorized by the Grantee is acquisition of land
or an interest in land, the amount made available to the State shall include the Grantee's proportionate
cost of professional services to complete the acquisition. The Grantee's proportion shall be determined
by the ratio of its contribution to the acquisition price as a portion of the whole acquisition price.The
Grantee's proceeds available under Clause 8, Payment Procedures, of this contract shall be reduced by
the amount provided for State use.
6.4 Contracting and Bidding Requirements.
(a) Municipalities. Per Minn. Stat.§471.345, grantees that are municipalities as defined in Subd. 1 must
do the following if contracting funds from this grant contract for any supplies, materials, equipment or
the rental thereof, or the construction, alteration, repair or maintenance of real or personal property.
i. If the amount of the contract is estimated to exceed $175,000, a formal notice and bidding process
must be conducted in which sealed bids shall be solicited by public notice. Municipalities may, as a best
value alternative, award a contract for construction, alteration, repair, or maintenance work to the vendor
or contractor offering the best value under a request for proposals as described in Minn. Stat.§16C.28,
Subd. 1, paragraph (a), clause (2).
ii. If the amount of the contract is estimated to cost between $25,000 and $174,999,the contract may
be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the
purchase or sale when possible, and without advertising for bids or otherwise complying with the
requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least
one year after receipt thereof. Municipalities may, as a best value alternative, award a contract for
construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value
under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause (2) and
paragraph (c).
iii. If the amount of the contract is estimated to be$25,000 or less,the contract may be made either
upon quotation or in the open market, in the discretion of the governing body. If the contract is made upon
quotation it shall be based, so far as practicable, on at least two quotations which shall be kept on file for a
period of at least one year after their receipt. Alternatively, municipalities may award a contract for
construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value
under a request for proposals as described in Minn. Stat.§16C.28, Subd. 1, paragraph (a), clause(2).
(b) Nonprofit Organizations.
i. Any services and/or materials that are expected to cost$100,000 or more must undergo a formal
notice and bidding process.
ii. Services and/or materials that are expected to cost between $25,000 and $99,999 must be
competitively awarded based on a minimum of three verbal quotes or bids.
iii. Services and/or materials that are expected to cost between $10,000 and $24,999 must be
competitively awarded based on a minimum of two verbal quotes or bids or awarded to a targeted
vendor.
iv. The grantee must take all necessary affirmative steps to assure that targeted vendors from
businesses with active certifications through these entities are used when possible:
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State Accounting Information PO Number:
• State Department of Administration's Certified Targeted Group, Economically Disadvantaged
and Veteran-Owned Vendor List
• Metropolitan Council's Targeted Vendor list: Minnesota Unified Certification Program
• Small Business Certification Program through Hennepin County, Ramsey County, and City of St.
Paul: Central Certification Program
v.The grantee must maintain written standards of conduct covering conflicts of interest and governing
the actions of its employees engaged in the selection, award and administration of contracts.
(c) Support documentation. Documentation of the bidding process utilized to contract services must be
included in the grantee's financial records, including support documentation justifying a single/sole source
bid, if applicable, for both municipalities and nongovernmental organizations.
(d) Prevailing wage. For any project that includes construction work of$25,000 or more, prevailing wage
rules apply per; Minn. Stat. §§177.41 through 177.44 consequently, the bid request must state the project
is subject to prevailing wage. These rules require that the wages of laborers and workers should be
comparable to wages paid for similar work in the community as a whole. A prevailing wage form should
accompany these bid submittals. Additional information on prevailing wage requirements is available on
the Department of Labor and Industry(DOLI) website at
http://www.dli.mn.gov/LS/PrevWage.asp. Questions about the application of prevailing wage rates should
be directed to DOLI at 651-284-5091. The Grant recipient is solely responsible for payment of all required
prevailing wage rates.
(e) The grantee must not contract with vendors who are suspended or debarred in MN:
http://www.mmd.admin.state.mn.us/debarredreport.asp.
7 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
8 Payment Procedures
8.1 Documentation Requirements. To obtain the payment approved for work under this grant contract,the
grantee must follow all payment procedures documented within the CPL Payment Manual.
9 Authorized Representative
The State's Authorized Representatives:
Kathy Varble
CPL Program Coordinator
500 Lafayette Road Box#20
St. Paul, MN 55155
651-259-5216
kathy.varble@state.mn.us
or successor(s) have the responsibility to monitor the Grantee's performance and the authority to accept the
services provided under this grant contract. If the services are satisfactory,the State's Authorized
Representative will certify acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative(s) are:
Project Manager Fiscal Contact
DREW CHIRPICH SUE VIRNIG
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State Accounting Information PO Number:
Environmental Specialist Finance Director
City of Golden Valley City of Golden Valley
7800 Golden Valley Road 7800 Golden Valley Road
Golden Valley MN 55427 Golden Valley MN 55427
dchirpich@goldenvalleymn.gov svirnig@goldenvalleymn.gov
763-593-8044 763-593-8010
If the Grantee's Authorized Representative(s) changes at any time during this grant contract, the Grantee must
immediately notify the State.
10 Assignment,Amendments,Waiver, and Grant Contract Complete
10.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant
contract without the prior consent of the State, approved by the same parties who executed and approved
this grant contract, or their successors in office.
10.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it
has been executed and approved by the same parties who executed and approved the original grant
contract, or their successors in office.
10.3 Waiver. If the State fails to enforce any provision of this grant contract,that failure does not waive the
provision or the State's right to enforce it.
10.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State
and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be
used to bind either party.
11 Liability and Insurance
11.1 Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from
any claims or causes of action, including attorney's fees incurred by the State, arising from the performance
of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be
construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations
under this grant contract.
11.2 General Insurance Requirements. The Grantee shall not commence work under the contract until proof of
insurance or compliance with insurance requirements has been met. Grantee must meet the insurance
requirements applicable to grantee's project, as described in the FY2021 Conservation Partners Legacy
Grant Program Request for Proposal, which is incorporated into this grant contract by reference.
11.3 Worker's Compensation. The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2,
pertaining to workers' compensation insurance coverage.The Grantee's employees and agents will not be
considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on
behalf of these employees and any claims made by any third party as a consequence of any act or omission
on the part of these employees are in no way the State's obligation or responsibility.
12 In the Event of a Lawsuit
12.1 An appropriation or portion of an appropriation from a legacy fund is canceled to the extent that a court
determines that the appropriation unconstitutionally substitutes for a traditional source of funding.
12.2 Any grant contract or similar contract that awards money from a legacy fund must contain the information
in paragraph 11.1, Liability.
13 State Audits
Under Minn. Stat. § 1613.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and
practices of the Grantee or other party relevant to this grant contract or transaction are subject to examination
by the State and/or the State Auditor or Legislative Auditor, as appropriate,for a minimum of six years from the
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State Accounting Information PO Number:
end of this grant contract, receipt and approval of all final reports, or the required period of time to satisfy all
state and program retention requirements,whichever is later.
14 Government Data Practices and Intellectual Property Rights
14.1 Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract,
and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Grantee under this grant contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data
referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release
the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the
Grantee instructions concerning the release of the data to the requesting party before the data is
released. The Grantee's response to the request shall comply with applicable law.
14.2 Intellectual Property Rights.
(a) Intellectual Property Rights. All rights, title, and interest to all intellectual property rights, including all
copyrights, patents, trade secrets, trademarks, and service marks in the works and documents funded
through the State of Minnesota Conservation Partners Legacy Grant Program, shall be jointly owned by
the Grantee and the State. Works shall mean all inventions, improvements, or discoveries (whether or not
patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs,
drawings, specifications, materials,tapes or disks, conceived, reduced to practice, created, or originated
by the Grantee, its employees and subcontractors, either individually or jointly with others, in the
performance of this contract. Documents shall mean the originals of any databases, computer programs,
reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks,
or other materials, whether intangible or electronic forms, prepared by the Grantee, its employees, or
subcontractors, in the performance of this contract. The ownership interests of the State and the Grantee
in the works and documents shall equal the ratio of each party's contributions to the total costs
describedin the Budget of this contract. The party's ownership interest in the works and documents shall
not be reduced by any royalties or revenues received from the sale of the products or the licensing or
other activities arising from the use of the works and documents. Each party hereto shall, at the request
of the other, execute all papers and perform all other acts necessary to transfer or record the appropriate
ownership interests in the works and documents.
(b) Obligations
1. Notification: Whenever any invention, improvement, or discovery(whether or not
patentable) is made or conceived for the first time, or actually or constructively reduced to
practice by the Grantee, including its employees and subcontractors, in the performance of this
contract, the Grantee shall immediately give the State's Authorized Representative written
notice thereof, and shall promptly furnish the Authorized Representative with complete
information and/or disclosure thereon. All decisions regarding the filing of patent, copyright,
trademark or service mark applications and/or registrations shall be the joint decision of the
Grantee and the State, and costs for such applications shall be divided as agreed by the parties
at the time of the filing decisions. In the event the parties cannot agree on said filing decisions,
the filing decision will be made by the State.
2. Representation: The Grantee shall perform all acts, and take all steps, necessary to ensure
that all intellectual property rights in the Works and Documents are the sole property of the
Grantee and the State as agreed herein, and that no Grantee employee, agent, or contractor
retains any interest in and to the Works and Documents. The Grantee represents and warrants
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 and Documents infringe upon the intellectual
property rights of others.The Grantee shall be responsible for payment of any and all such
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State Accounting Information PO Number:
claims, demands, obligations, liabilities, costs, and damages including, but not limited to,
attorney fees. If 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 and Documents necessary and appropriate to obviate the claim. This remedy
shall be in addition to, and not exclusive of, other remedies provided by law.
(c) Uses of the Works and Documents.
The State and Grantee shall jointly have the right to make, have made, reproduce, modify, distribute,
perform, and otherwise use the works, including Documents produced under this Contract, for
noncommercial research, scholarly work, government purposes, and other noncommercial purposes
without payment or accounting to the other party. No commercial development, manufacture, marketing,
reproduction, distribution, sales or licensing of the Works, including Documents, shall be authorized
without a future written contract between the parties.
(d) Possession of Documents.
The Documents may remain in the possession of the Grantee. The State may inspect any of the
Documents at any reasonable time. The Grantee shall provide a copy of the Documents to the State
without cost upon the request of the State.
15 Data Compatibility and Availability Requirements
15.1 Data Compatibility. Data collected by the Projects funded under this contract that have value for planning
and management of natural resources, emergency preparedness, and infrastructure investments shall
conform to the enterprise information architecture developed by the Office of Enterprise Technology(or its
successor). Spatial data must conform to geographic information system guidelines and standards outlined
in that architecture and adopted by the Minnesota Geographic Data Clearinghouse at the Land
Management Information Center. A description of these data that adheres to the Office of Enterprise
Technology(or its successor) geographic metadata standards shall be submitted to the Land Management
Information Center to be made available online through the clearinghouse and the data must be accessible
and free to the public unless made private under the Data Practices Act, Minnesota Statutes, Chapter 13.
15.2 Data Availability. To the extent practicable, summary data and results of projects funded by this grant
program should be readily accessible on the Grantee's website and identified as a Lessard-Sams Outdoor
Heritage Council and Conservation Partners Legacy Grant Program project.
16 Publicity,Advertising and Endorsement
16.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State and L-
SOHC as the sponsoring agency. A copy of any publicity shall be furnished to the State's Authorized
Representative upon its release. For purposes of this provision, publicity includes notices, informational
pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the
Grantee individually or jointly with others, or any subcontractors, with respect to the program,
publications, or services provided resulting from this grant contract.
16.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
17 Governing Law,Jurisdiction,and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this grant contract. Venue for all 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.
18 Accessibility and Safety
18.1 Accessibility. Structural and nonstructural facilities and programs must meet all state and federal
accessibility laws, regulations, and guidelines, including the American with Disabilities Act(ADA).
Accessibility guidelines and standards can be found at http://www.access-board.gov.
18.2 Safety. All programs must adhere to federal safety regulations,which can be found on the Occupational
Health and Safety Administration's website at www.osha.gov/law-regs.html.
19 Subgrantees/Vendor Services
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State Accounting Information PO Number:
If any subgrants or contracts for any portion of the work covered under this grant contract are made to another
entity, the contract with the subgrantee or contractor will contain all appropriate provisions of this grant
contract. It is recommended that all Subgrantees/Contractors carry the same insurance as the Grantee.
Subgrantee or Vendor services must follow requirements listed in the Conservation Partners Legacy Grant
Program (CPL)Request for Proposal, located at https://files.dnr.state.mn.us/fish wildlife/cpl/rfp.pdf as
applicable.
20 Purchase of Recycled or Recyclable Materials
The purchase of recycled, repairable, and durable materials must be in compliance with Minn. Stat. §
1613.121. The purchase and use of paper stock and printing must be in compliance with Minn. Stat.
1613.122.
21 Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transactions
21.1. The prospective lower tier participant certifies, by submission of this contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
21.2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this contract.
22 Termination
22.1 Termination by the State. The State may immediately terminate this grant contract with or without
cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to
payment, determined on a pro rata basis, for services satisfactorily performed.
22.2 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.
23 Data Disclosure
Under Minn. Stat. § 270C.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.
24 Use of Funds for Match or Reimbursement
Grant funds cannot be used by the Grantee as match or for reimbursement for any other grant or program
without prior written authorization from the State's Authorized Representative.
(a) The Grantee must submit a written request for authorization no less than 10 business days prior to
applying for the new funds or program to the State's Authorized Representative.This request must
include the following information: CPL project name, CPL grant contract number, the amount of CPL
grant funds to be used, location where CPL grant funds were or will be used, activity the grant funded,
and current landowner. The project name, location where the new funds will be used, activity to be
funded, funding source of the new grant or program, and a brief description of the grant or program
being applied for must also be included.
(b) If the new grant or program will add any encumbrances to the land where grant funds were or will be
spent, these encumbrances must be approved in writing by the State's Authorized Representative and
the current landowner.
25 Conflict of Interest
Under the Minnesota Department of Administration's Office of Grants Management Conflict of Interest Policy
for State Grant Making (available at http://mn.gov/admin/images/grants policy 08-01.pdf) and other
applicable laws, Grantees must disclose actual, potential, perceived, and organizational conflicts of interest.
Rev.10/14 11
State Accounting Information PO Number:
1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF NATURAL RESOURCES
Individual certifies that funds have been encumbered
as required by Minn.Stat. '§16A.15 and 16C.05.
By: By:
with delegated authority
Date:
Purchase Order Number: Name: Dave Olfelt
Title: Director, Division of Fish and Wildlife
Date:
Contract#:
2. GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract on behalf of the
Grantee as required by applicable articles, bylaws,
resolutions, or ordinances.
By: By:
Name: Name:
Title: Title:
Date: Date:
By: By:
Name: Name:
Title: Title:
Date: Date:
Rev. 10/14 12
EXECUTIVE SUMMARY
Police
763-593-8079 / 763-593-8098 (fax)
Golden Valley City Council Meeting
March 2, 2021
Agenda Item
6. A. Proposed Changes to Control of Animal/Leashing Ordinance
Prepared By
Jason Sturgis, Police Chief
Summary
The City's Control of Animals ordinance has not been updated in several decades. (City Code Sec.
6-33.) Staff recommends updating this section of the code. The Council previously provided input
to staff on the proposed changes at its February 11, 2020 and January 12, 2021 Council/Manager
meetings.
Staff solicited input from the community regarding mandatory pet leashing and maximum length
of leashes through an online survey. The survey was live from February 18, 2020 to December 1,
2020 and gathered 652 responses. Additionally, the Open Space and Recreation Commission
discussed the proposed ordinance at their meetings on October 26, 2020 and January 25, 2021
and provided input to staff.
The current ordinance allows any dog or animal, whether on public or private land, to be "under
the control and direction of the person having control or custody so as to be as effectively
restrained by command as by leash." The proposed ordinance would allow the use of voice
command for control on private property, but would require a leash on public property. The
proposed ordinance also contains new requirements for signing areas controlled by electronic pet
fence, using tethers to restrain animals, and removing excrement from public property and
private property owned by another. The proposal also includes an exception to leashing
requirements for service animals.
At the first reading of this ordinance at the February 16, 2021 City Council Meeting, suggestions
were made to add language to the ordinance to create an exception for cats. The below language
is what is being recommended.
City Council Regular Meeting Executive Summary 2
City of Golden Valley
March 2, 2021
a) Exception for Outdoor Cats. The requirements of sections (a) and (b) of this section
shall not apply to outdoor cats provided that:
(1) The cat is spayed or neutered; and
(2) If the cat causes personal injury or damage to property, the owner of the cat
shall work with the City and victim(s) to resolve all issues created by the cat.
Financial Or Budget Considerations
Not applicable
Recommended Action
• Motion to adopt Second Consideration of Ordinance No. 704 -Amendment to City Code Chapter 6,
Article II, Section 6-33 Relating to Animal Control and Leashing.
• Motion to adopt Resolution No. 21-10 Approving Summary Publication of Ordinance No. 704.
Supporting Documents
• Proposed Ordinance No. 704-Amending Section 6.33 Control of Animals (2 pages)
• Resolution No. 21-10 Approving Summary Publication of Ordinance No. 704 (1 page)
• City Code Section 6.33 Leashing with underline-overstruck language (2 pages)
• Link to 2020 Community Input Report— Pet Leash Ordinance
ORDINANCE NO. 704
AN ORDINANCE AMENDING THE CITY CODE
AMENDING CHAPTER 6, ARTICLE II, SECTION 6-33 —ANIMAL CONTROL/LEASHING
The City Council of the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 6, Article II, Section 6-33 is renamed and amended to
read as follows:
Sec. 6-33. — Control of Animals
a) On private land. No person having custody or control of any dog or animal shall at
any time permit the dog or animal to be on private land, without the dog or animal
being adequately supervised and effectively restrained from going beyond such
private land by voice control, leash, tether, fence, or electronic pet fence.
b) On public land. No person having custody or control of any dog or animal shall
permit the dog or animal to be on any public land, including but not limited to any
street, alley, sidewalk, trail, public park, or public place, other than an area officially
designated for off leash activities, without being effectively restrained by a leash not
exceeding twenty feet in length, which is shortened to six feet when another person
or animal is within twenty feet. Any person accompanied by such dog or animal on
public land shall not interfere or allow the dog or animal to interfere with other users.
c) Other requirements.
(1) Any area, lot, or yard that utilizes an electronic pet fence to prevent a dog or
animal from escaping or getting loose must have prominent signage indicating
that an electronic pet fence is present, and the electronic pet fence must be in
working order and effective in restraining the movement of the dog or animal and
preventing its escape from the fenced area, lot, or yard.
(2) Tethers may only be used if all of the following requirements are met:
a) Tethers must be at least three times the length of the dog or animal
secured to it.
b) Any dog or animal secured with a tether must be in an area that would not
allow the dog or animal to become tangled around objects.
c) Any dog or animal secured with a tether must have access to shelter and
water.
d) Tethers must be placed in such a location as to inhibit the secured dog or
animal from reaching a public sidewalk, street, public park, school
grounds, alley, or public place, or any other property other than the owner
or custodian's property.
e) Tethers may not exceed five pounds in weight but shall be of appropriate
weight for the size of the dog or animal.
f) Dogs and animals shall not be tethered without on-site supervision.
g) Dogs and animals shall not be tethered by the leg.
(3) It is unlawful for any person who causes or permits any dog or animal under the
person's custody or control to be on any property, public or private, not owned or
possessed by that person, to fail to remove excrement left by that dog or animal
to a proper receptacle located on property owned or possessed by that person or
a public receptacle provided for that purpose.
d) Exception for Service Animals. The requirements of sections (a) and (b) of this
section shall not apply to service animals. For the purpose of this section, "service
animal" has the meaning given in Code of Federal Regulations, title 28, section
36.104, as may be amended from time to time.
e) Exception for Outdoor Cats. The requirements of sections (a) and (b) of this
section shall not apply to outdoor cats provided that:
(1) The cat is spayed or neutered; and
(2) If the cat causes personal injury or damage to property, the owner of the cat shall
work with the City and victim(s) to resolve all issues created by the cat.
Section 2. This ordinance shall take effect from and after its passage and publication as
required by law.
Adopted by the City Council this 2nd day of March, 2021.
Shepard M. Harris, Mayor
ATTEST:
Theresa J. Schyma, City Clerk
RESOLUTION NO. 21-10
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 704
AN ORDINANCE AMENDING CITY CODE
CHAPTER 6, ARTICLE II, SECTION 6-33 —ANIMAL CONTROL/LEASHING
WHEREAS, the City has adopted the above referenced amendment of the
Golden Valley City Code; and
WHEREAS, the verbatim text of the amendment is cumbersome, and the
expense of publication of the complete text is not justified.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley that the following summary is hereby approved for official publication:
SUMMARY PUBLICATION
ORDINANCE NO. 704
AN ORDINANCE AMENDING CITY CODE
CHAPTER 6, ARTICLE II, SECTION 6-33 —ANIMAL CONTROL/LEASHING
This is a summary of the provisions of the above Ordinance which has been approved
for publication by the City Council.
Ordinance No. 704 allows the use of voice command for control of animals on private
property, but would require a leash on public property. This Ordinance also contains
new requirements for signing areas controlled by electronic pet fence, using tethers to
restrain animals, and removing excrement from public property and private property
owned by another. Furthermore, there is an exception to leashing requirements for
service animals and certain exceptions for cats as well. This Ordinance shall take effect
upon publication.
A copy of the full text of this Ordinance is available from the City Clerk's Office.
Adopted by the City Council this 2nd day of March 2021 .
Shepard M. Harris, Mayor
ATTEST:
Theresa J. Schyma, City Clerk
Sec. 6-33. Leash:ng_=Control of Animals
a) On private land. No person having custody or control of any dog or animal shall at any time
permit the edog or animal to be on&F- rivate land, etheF than land owned leased Or
,,,.eupied by the p FSen having the EUSt dy OF EORtF I f sueh dog F ^ni ffl^l without the
dog or animal being adequately supervised and effectively restrained by leaSh eF GeFnMaRcl
EE)RtFE)l as heFein set fefth from going beyond such u nfeneed aFea eF let; neF shall
any private land by voice control, leash, tether fence, or electronic pet fence.
_ On public land. No person having t#e custody or control of any dog or animal of the
shall permit the same at any dog or animal to be on anyStreetgublic land,
including but not limited to any street, alley, sidewalk, trail, public park. or public place,,
other than an area officially designated for off leash activities without being effectively
restrained by ehain era leash not exceeding twenty feet in length, unless aeeempanied
which is shortened to six feet when
another person or animal is within twenty feet. Any person accompanied by such dog or
animal on public land shall not interfere or allow the dog or animal to interfere with other
users.
j Other requirements.
U1 Any area, lot, or yard that utilizes an electronic pet fence to prevent a dog or animal
from escaping or getting loose must have prominent signage indicating that an
electronic pet fence is present, and the electronic pet fence must be in working order
and effective in restraining the movement of the dog or animal and preventing its
escape from the fenced area, lot. or yard.
U2 Tethers may only be used if all of the following requirements are met:
j Tethers must be at least three times the length of the dog or animal secured to
it.
Any dog or animal secured with a tether must be in an area that would not allow
the dog or animal to become tangled around objects.
Any dog or animal secured with a tether must have access to shelter and water.
Tethers must be placed in such a location as to inhibit the secured dog or animal
from reaching a public sidewalk, street, public park, school grounds, alley, or
public place, or any other property other than the owner or custodian's
property.
Tethers may not exceed five pounds in weight but shall be of appropriate weight
for the size of the dog or animal.
Dogs and animals shall not be tethered without on-site supervision.
Dogs and animals shall not be tethered by the leg.
U3 It is unlawful for any person who causes or permits any dog or animal under the
person's custody or control to be on any property, public or private, not owned or
possessed by that person, to fail to remove excrement left by that dog or animal to a
roper receptacle located on property owned or possessed by that person or a public
receptacle provided for that purpose.
Exception for Service Animals.The requirements of sections (a) and (b) of this section
shall not apply to service animals. For the purpose of this section, "service animal" has
the meaning given in Code of Federal Regulations, title 28, section 36.104, as may be
amended from time to time.
el Exception for Outdoor Cats. The requirements of sections (a) and (b) of this section
shall not apply to outdoor cats provided that:
W The cat is spayed or neutered: and
U If the cat causes personal injury or damage to property, the owner of the cat
shall work with the City and victim(s) to resolve all issues created by the cat.
EXECUTIVE SUMMARY
City Administration
763-593-8006 / 763-593-8109 (fax)
Golden Valley City Council Meeting
March 2, 2021
Agenda Item
6. B. 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 February 2, 2021 in response to the COVID-
19 pandemic. The new actions include:
• Emergency Administrative Action 21-2 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 for employees that are fully vaccinated.
• Emergency Administrative Action 21-3 updating the COVID-19 Operations Recovery and
Readiness (CORR) Plan. The updated section adds protocols for in-person training for Public
Works employees.
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 Nos. 21-2 and 21-3.
Supporting Documents
• Emergency Administrative Action 21-2
• Emergency Administrative Action 21-3
city-of
Oro l e n
valley
800 Golden Valley Road
;olden Valley,MN 55427
EMERGENCY ADMINISTRATIVE ACTION 21-2
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 February 16, 2021. The revisions
include new protocols in the following areas:
0 Screening and Symptoms
The Plan shall remain in effect until repealed or modified by subsequent City Manager
or Council action.
Date: February 16, 2021 Tim yCruikshank(Feb12,202117:35CST'
Timothy J. Cruikshank, City Manager
763-593-8000 FAx 763-593-8109 TTv 763-593-3968 www.goidenvalleymn.gov
city-of
Oro 1 e n
valley
800 Golden Valley Road
_3olden Valley,MN 55427
EMERGENCY ADMINISTRATIVE ACTION 21-3
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 February 25, 2021. The revisions
include new protocols in the following areas:
0 Public Works Training Worksite Safety Procedures
The Plan shall remain in effect until repealed or modified by subsequent City Manager
or Council action.
Z6YD&�7 Cl-al`f,IGyG /(
Date: February 25, 2021 Timothy JCru shank(Feb25,202107:38CST)
Timothy J. Cruikshank, City Manager
763-593-8000 FAx 763-593-8109 TTr 763-593-3968 www.goidenvalleymn.gov
ANNOUNCEMENT OF MEETINGS AND EVENTS
Three or more Council Members may attend the following
MARCH
4 Community Forum: The Future of City Facilities Noon - 1:30 PM Held Virtually
4 Community Forum: The Future of City Facilities 6:30-8:00 PM Held Virtually
5 State of the City 10:00 AM Held Virtually
9 Rising TIDES Task Force Meeting 5:15 PM Held Virtually
9 Council Manager Meeting 6:30 PM Held Virtually
11 Police Commission Task Force Meeting 5:00 PM Held Virtually
16 Facilities Study Task Force Meeting 3:30-5:30 PM Held Virtually
16 HRA Meeting 6:30 PM Held Virtually
16 City Council Meeting 6:30 PM Held Virtually
18 Building An Equitable Golden Valley Quarterly Conversation-Just Deeds 6:00-7:15 PM Held Virtually
25 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Held Virtually
25 Police Commission Task Force Meeting 5:00 PM Held Virtually
APRIL
6 Special City Council Meeting (Commission Appointment Interviews) (Tentative) 5:30-6:30 PM Held Virtually
6 City Council Meeting 6:30 PM Held Virtually
8 Police Commission Task Force Meeting 5:00 PM Held Virtually
13 Rising TIDES Task Force Meeting 5:15 PM Held Virtually
13 Special City Council Meeting (Commission Appointment Interviews) (Tentative) 5:30-6:30 PM Held Virtually
13 Council Manager Meeting 6:30 PM Held Virtually
20 Facilities Study Task Force Meeting 3:30-5:30 PM Held Virtually
20 Special City Council Meeting (Commission Appointment Interviews) (Tentative) 6:00-6:30 PM Held Virtually
20 City Council Meeting 6:30 PM Held Virtually
22 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Held Virtually
22 Police Commission Task Force Meeting 5:00 PM Held Virtually