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05-18-21 City Council AgendaREGULAR 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 133 894 2378. 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. Pages 3-4 5-6 7 8-10 11 12-13 14-29 30-36 1.Call to Order A.Pledge of Allegiance B.Roll Call C.Proclamation Recognizing the 10th Anniversary of the Golden Valley Community Foundation D.Proclamation Recognizing Public Works Week 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 City Check Register B.Licenses: 1.Gambling License Exemption and Waiver of Notice Requirement – Chester Bird American Legion 523 2.General Business License – Fireworks Sales 3.General Business License – Gas Stations and Gas Dispensers C.Approval of Bids, Quotes and Contracts: 1.Approve Contract for Hydrant Painting with B & B Commercial Coating, LLC 2.Authorize City Manager to Sign a Purchase Agreement for Replacement Dasher Boards at the Wesley Park Hockey Rink 3.Authorize Professional Services Agreement with CivicPlus for Implementation of the 2021 Website Redesign and Development Services 37-97 May 18, 2021 – 6:30 pm Meeting Held Virtually City of Golden Valley City Council Regular Meeting May 18, 2021 – 6:30 pm 2 4. Theodore Wirth Park Public Safety Memorandum of Understanding with Minneapolis Park Police 98-105 D. Grants and Donations: 1. Approve Resolution No. 21-36 - Accepting Donation for a Tree in Brookview Park 106-110 2. Approve Resolution No. 21-37 - Authorizing Application for the 2020 Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program 111-113 E. Approve City Classification Structure Adjustments, Resolution No. 21-38 114-119 4. Public Hearing A. Public Hearing to Vacate Alley Easements West of Hillsboro Avenue North Between Earl 120-123 Street and Duluth Street, Resolution No. 21-39 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Discussion of Proposed Meadowbrook PUD Amendment – 5400 Glenwood Avenue 124-131 B. First Consideration of Ordinance No. 714, Amending City Code Chapter 2 - Replacing the Human Rights Commission with a Diversity, Equity, and Inclusion Commission 132-142 C. Review of Council Calendar 143 D. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Golden Valley City Council Meeting May 18, 2021 Agenda Item 1. C. Proclamation Recognizing the 10th Anniversary of the Golden Valley Community Foundation Prepared By Tim Cruikshank, City Manager Summary The Golden Valley Community Foundation (GVCF) is celebrating its tenth anniversary on May 20, 2021. The GVCF is a self-governed community foundation that serves the residents of Golden Valley and its surrounding communities. Through charitable giving, the GVCF has helped strengthen Golden Valley by investing in various programs and initiatives. Furthermore, the GVCF has helped residents during times of need, including in the past year when many individuals and families have struggled during the COVID-19 pandemic. Attached is a proclamation recognizing the tenth anniversary celebration of the Golden Valley Community Foundation. Dean Penk, Founding Member and Board Chair, will be in attendance. Supporting Documents • Proclamation in Recognition of the 10th Anniversary Celebration for the Golden Valley Community Foundation (1 page) CITY OF GOLDEN VALLEY PROCLAMATION IN RECOGNITION OF THE 10TH ANNIVERSARY CELEBRATION FOR THE GOLDEN VALLEY COMMUNITY FOUNDATION WHEREAS, the Golden Valley Community Foundation (GVCF) was formed in May 2011 resulting from a citizen-led community initiative called Envision Golden Valley; and WHEREAS, the GVCF is a self-governed community foundation and 501(c)(3) non-profit organization that functions as a channel for charitable giving that receives, manages, and distributes funds that benefit Golden Valley residents and surrounding communities; and WHEREAS, since 2011 GVCF donors have given more than $500,000 back to the community through grants, programs, and other donations and have also engaged over 10,000 community members in that time; and WHEREAS, the GVCF has strengthened the community with their investment in important programs that serve the community in the areas of Community, Education, Sustainability, Health, and Arts including the Golden Valley Arts & Music Festival, Market in the Valley Farmer’s Market, Pride Festival, and Global Golden Valley; and WHEREAS, the GVCF remains steadfast in its mission to Do More Good in Golden Valley. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley does hereby recognize the tenth anniversary celebration of the Golden Valley Community Foundation on May 20, 2021, proclaim our appreciation for their commitment to the wellbeing of the community, and encourage them to continue their work and Do More Good in Golden Valley in the next ten years and beyond. IN WITNESS WHEREOF, that I, Shepard M. Harris, Mayor of the City of Golden Valley have hereunto set my hand and caused the seal of the City to be affixed this 18th day of May, 2021. ___________________________ Shepard M. Harris, Mayor Golden Valley City Council Meeting May 18, 2021 Agenda Item 1. D. Proclamation Recognizing Public Works Week Prepared By Tim Kieffer, Public Works Director Summary National Public Works Week is May 16 through May 22, 2021. Public Works Week recognizes public works professionals that provide services that are essential to sustainable and resilient communities and to the public health, safety, high quality of life and well-being of people. Additionally, it is to attract attention to the ongoing needs and efforts of infrastructure maintenance and renewal and the importance of public interest and support for public works programs. Financial Or Budget Considerations NA Supporting Documents • Proclamation Recognizing Public Works Week (1 page) CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING PUBLIC WORKS WEEK MAY 16 - 22, 2021 WHEREAS, public works dedication to infrastructure, facilities and services is of vital importance to a sustainable and resilient community and to the public health, high quality of life and well-being of our citizens and guests’ everyday lives; and WHEREAS, these infrastructure, facilities and services could not be provided without the devoted efforts of public works professionals, who are responsible for engineering and construction, transportation, street maintenance, snow removal, water supply, water treatment, storm water management, park maintenance, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for citizens, civic leaders, and children to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs. NOW, THEREFORE, BE IT RESOLVED, that I, Shepard M. Harris, Mayor of the City of Golden Valley, have proclaimed the week of May 16 through May 22, 2021 as Public Works Week in the City of Golden Valley, and I call upon all citizens and civic organizations to pay tribute to our public works professionals, and to recognize the substantial contributions they make to protecting our health, safety, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Golden Valley to be affixed on this 18th day of May, 2021. ___________________________ Shepard M. Harris, Mayor Golden Valley City Council Meeting May 18, 2021 Agenda Item 3. A. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Financial Or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount paid by fund. Recommended Action Motion to authorize the payment of the bills as submitted. Supporting Documents Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/DocView.aspx?id=885757&dbid=0&repo=GoldenValley The check register for approval: • 05-14-21 Check Register Golden Valley City Council Meeting May 18, 2021 Agenda Item 3. B. 1. Gambling License Exemption and Waiver of Notice Requirement – Chester Bird American Legion 523 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 Chester Bird American Legion 523. Attachments • Application for Exempt Permit (2 pages) Golden Valley City Council Meeting May 18, 2021 Agenda Item 3. B. 2. General Business Licenses - Fireworks Sales Prepared By John Crelly, Fire Chief Jill Lund, Administrative Assistant Summary The following establishment has applied for renewal of their fireworks sales license for the 2021-2022 license term. The applicant has met City Code requirements for the renewal of their license and staff is recommending approval. Menard’s Fireworks Sales $100.00 6800 Wayzata Boulevard Financial Or Budget Considerations NA Recommended Action Motion to authorize the renewal of the above fireworks sales license for a period of May 1, 2021 through April 31, 2022. Supporting Documents NA Golden Valley City Council Meeting May 18, 2021 Agenda Item 3. B. 3. General Business Licenses – Gas Stations and Gas Dispensers Prepared By John Crelly, Fire Chief Jill Lund, Administrative Assistant Summary The following establishments are up for renewal of their gas station and gas dispenser license for the 2021-2022 license term. The applicants have met City Code requirements for the renewal of their license and staff is recommending approval. Applicant License Type Fee Freddie’s Petroleum, Inc. Gas Station/4 Dispensers $ 300 DBA: Amstar 9405 Medicine Lake Road Feist Automotive Gas Station/4 Dispensers $ 300 1875 Lilac Drive North General Mills Gas Station/6 Dispensers $ 400 1 General Mills Boulevard Golden Valley Country Club Gas Station/2 Dispensers $ 150 7001 Golden Valley Road Gregg and Jim’s Service, Inc. Gas Station/4 Dispensers $ 300 1900 Douglas Drive North Holiday Stationstores, Inc. Gas Station/5 Dispensers $ 350 7925 Wayzata Boulevard Linn Retail Centers, Inc. Gas Station/6 Dispensers $ 400 DBA: Holiday Station 600 Boone Avenue North City Council Regular Meeting Executive Summary City of Golden Valley May 18, 2021 2 Jim Lupient Oldsmobile Gas Station/1 Dispenser $ 75 7100 Wayzata Boulevard Mainline Transportation, Inc. Gas Station/4 Dispensers $ 300 835 Decatur Avenue North Morrie’s Cadillac SAAB Gas Station/1 Dispensers $ 75 7400 Wayzata Boulevard Regency Hospital Gas Station/1 Dispenser $ 75 1300 Hidden Lakes Parkway Speedway #4497 Gas Station/6 Dispensers $ 400 6955 Market Street Speedway #4443 Gas Station/4 Dispensers $ 300 1930 Douglas Drive North Theodore Wirth Par 3 Gas Station/2 Dispensers $ 150 1313 Theodore Wirth Parkway Financial Or Budget Considerations NA Recommended Action Motion to authorize the renewal of the above gas dispenser licenses for a period of April 1, 2021 through March 31, 2022. Supporting Documents NA Golden Valley City Council Meeting May 18, 2021 Agenda Item 3. C. 1. Approve Contract for Hydrant Painting with B & B Commercial Coating, LLC Prepared By Tim Kieffer, Public Works Director Joe Hansen, Utility Maintenance Superintendent Summary The coating on fire hydrants deteriorates over time from exposure to weather and winter de-icing chemicals causing the hydrants to rust. Periodic painting is needed to keep the hydrants maintained and in working condition. Staff annually contracts approximately half the hydrants in a maintenance district to be painted, which is 158 hydrants this year. This schedule allows every hydrant to be repainted on a 10-year rotation. Staff received quotes to remove surface defects and repaint 158 fire hydrants. The results are as follows: Al's Handy Man Services, LLC $35,550.00 Aspects Construction $18,012.00 B & B commercial Coating, LLC $25,122.00 Bogar Construction $49,900.00 Janovia Painting, LLC $26,812.60 Miller Striping & Services $12,324.00 Ultra Painting, Inc. $27,650.00 Unfortunately, the contractors that submitted the two lowest quotes declined after being awarded the contract so staff proposes to award the contract to the third lowest quote, which is B & B Commercial Coating. Financial Or Budget Considerations Funding for the hydrant painting will come from the Water Maintenance operating budget (7123.6340) which has $90,000 dedicated for contractual services. City Council Regular Meeting Executive Summary City of Golden Valley May 18, 2021 2 Recommended Action Motion to authorize the Mayor and City Manager to execute the Contract for Hydrant Painting with B & B Commercial Coating, LLC in the form approved by the City Attorney. Supporting Documents • Contract for Hydrant Painting with B & B Commercial Coating, LLC (14 pages) 1 CONTRACT FOR HYDRANT PAINTING WITH B & B COMMERCIAL COATING, LLC THIS AGREEMENT is made this 18th day of May, 2021 (the “Effective Date”) by and between B & B Commercial Coating, LLC, a painting company located at 11276 Duffield Avenue NW, Maple Lake, MN 55358 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of removing old paint, priming, and painting. B. The City desires to hire Contractor to remove old paint, prime, and paint fire hydrants. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s authorized agent according to the length of time set forth in Exhibit A (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work during the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may at its discretion, extend the Contract Time. 3. Consideration. In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 2 4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done 3 to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of the Work. 10. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 12. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: 4 a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 14. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, 5 death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 18. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 20. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for 6 others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 21. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 22. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 23. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 24. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 25. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 26. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 7 27. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 28. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 29. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Bruce Prevost, or designee who shall perform or supervise the performance of all Work. 31. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY B & B Commercial Coating, LLC 11276 Duffield Avenue NW Maple Lake, MN 55358 bruce@bbcoat.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 32. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 33. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 8 34. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 35. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 36. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 37. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. B & B COMMERCIAL COATING, LLC: CITY OF GOLDEN VALLEY: By: _________________________________ Bruce Prevost, Manager By: _________________________________ Shep Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager EXHIBIT A SCOPE OF WORK 1. Work. The Work shall include furnishing all labor, tools, and equipment to remove all defective paint or corrosion, apply one coat of primer, and two coats of paint. The Work shall include the following: A. Surface Preparation – Loose, peeling, cracking, or defective paint shall be removed. All surface contaminants shall be removed including grease and oil. Recover, remove, and dispose of properly, all spent or excess abrasives, dust, dirt, paint chips, spent solvent and paint containers. Use proper equipment and abrasives when blast cleaning to produce the mil profile, within the range of 2.0 to 3.5 mils or as recommended by the coating manufacturer. The abrasive shall be free of contaminants and not embed itself in the blasted surface. Prior to start-up of the project, samples of the Contractor’s selected abrasive and/or abrasive/admixture shall be submitted to the Authorized Agent for testing and approval. Random field testing of the abrasive shall be done, as directed by the Authorized Agent to ensure the abrasive used complies with these requirements. B. Primer Coat – A primer coat shall be applied uniformly within four (4) hours after blast cleaning. When the humidity exceeds 80%, the prime coat shall be applied within one (1) hour after blast cleaning. If conditions are questionable, the Authorized Agent shall make the decision, and the Contractor shall accept his interpretation as final and binding. The primer coat shall be within the range of 2.5 to 3.5 mils throughout the entire surface area. C. Intermediate Coat – An intermediate coat shall be applied uniformly after proper cure of the primer coat matching existing color “Curry” or approved equal. The intermediate coat shall be within the range of 2.5 and 3.5 mils throughout the entire surface are. D. Finish Coat – A finish coat shall be applied uniformly after proper cure of the intermediate coat matching existing color “Curry” or approved equal. The finish coat shall be within the range of 2.5 and 3.5 mils throughout the entire surface are. The total dry film thickness including the primer, intermediate, and finish coats shall be 7.5 mils minimum – 10.5 mils with average of 9.0 mils. The minimum dry film thickness of the coating system at any individual spot location shall be 7.5 mils. 2. Location. Location maps are herein Exhibit A. 3. Contract Time. The Work shall commence on June 1, 2021 and conclude before October 1, 2021. EXHIBIT B SPECIAL CONDITIONS 1. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 2. Notification. The Contractor shall notify the City within 24 hours after discovering irrigation or tree maintenance issues or needed repairs. 3. Permits and Licenses. Contractor shall procure all permits and licenses as required, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. 4. Mobilization. The mobilization shall be included in the base price in all aspects of the Work per unit price herein Exhibit C. No additional compensation will be considered for mobilization. 5. Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding holidays. On streets designated as high-volume or County roadways, Contractor’s Work shall be restricted to the hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway. High Volume Roadways A. Betty Crocker Boulevard between US 169 and General Mills Blvd B. Boone Avenue North between TH 55 and Plymouth Ave C. General Mills Boulevard between Wayzata Blvd and TH 55 D. Golden Hills Drive between Wayzata Blvd and Turners Crossroad E. Golden Valley Road between Boone Avenue and Douglas Drive F. Laurel Avenue between Winnetka Avenue and Xenia Avenue G. Louisiana Avenue South between Laurel Avenue and I-394 H. Noble Avenue North between Golden Valley Road and 34th Ave N I. North and South Frontage Roads of I-394 J. Olympia Street between Winnetka Avenue and Douglas Drive K. Plymouth Avenue between US 169 and Winnetka Avenue L. Regent Avenue North between Duluth Street and 34th Ave N M. Rhode Island Avenue between 10th Avenue and TH 55 N. Wayzata Boulevard all portions in Golden Valley City Limits O. Winnetka Avenue between TH 55 and I-394 P. Xenia Avenue South between Glenwood Avenue and I-394 Q. Zenith Avenue North between 26th Ave N and Theodore Wirth Pkwy 6. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 7. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 8. Abrasives. The abrasive used shall be of the type that is graded as to proper size, shape, and hardness. Silica sand, Flint, Garnet, or Quartz type abrasives shall be chemically washed, dried, dust, dirt, fines, and contaminant free, resistant to fracture (shattering), and contain no leachable contaminates. Synthetic (nonmetallic and non-siliceous) abrasives such as Silicon Carbide, Aluminum Oxide and Refractory Slag products shall meet the above criteria. The use of reduced or dust free abrasive blasting is required. 9. Recyclable Abrasive. The use of recyclable abrasive, such as steel grit, sand or flint, is neither specifically encouraged nor prohibited. Contractor’s requesting the use of recyclable abrasive must comply with the specified mil profile. Waste generated by this method of abrasive blasting may be considered Hazardous Waste and as such must be disposed of accordingly. Additional care is required during cleanup to insure all abrasive residual is removed prior to coating application. 10. Compressed Air Supply. Compressed air supply shall be properly equipped with suitable after coolers, oil, and moisture separators to prevent contamination of abrasives and/or blasted surfaces. These separators shall be of the continuous bleeding or automatic dumping type. In order to prevent contamination of abrasives and/or blasted surfaces, it is recommended that the separators be installed between the compressor air outlet and the blasting pot compressed air inlet. Stop abrasive blast cleaning in sufficient time to remove all dust, spent abrasive and other foreign matter from and around all blasted surfaces to allow the atmosphere to clear before any coating is done. Removal of these materials shall be by clean brush or suitable industrial vacuum with particular attention given to welds, pockets, or poorly accessible areas. A daily inspection of the separators and compressed air supply will be required to ensure cleanliness of all compressed air supplied for abrasive blasting. This test will be performed by a blotter test. A clean white Blotter is held, no more than 18 inches, from the air supply, downstream of moisture and oil separators. The air supply is directed at the Blotter for approximately (2) two minutes. The Blotter is then examined visually for signs of oil and moisture. A clean blotter at test completion means a successful passing of the air supply test. 11. Traffic Control and Maintenance. Contractor, at its own expense, shall furnish and maintain traffic at all times while performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field Manual and its supplements, or as deemed necessary by the Engineer, when the Work occurs on or adjacent to any street, alley or public place. Contractor shall, at Contractor’s own cost and expense, provide all construction signage and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure to protect the work zone. When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on this project. 12. Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: A. Special Conditions herein Exhibit A and B. B. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its supplements. C. Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. D. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. E. ANSI A300 Manual. 13. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall submit all final quantities to the City within one month after completion of the Work. 14. Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated herein Exhibit A. Contractor shall, not less than ten (10) days prior to said date, make written request to the City for an extension of time for completion, setting forth fully in its request the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time; the City may, in its sole discretion, grant an extension of time for the completion to such date as may seem reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’ notice for such forfeiture. EXHIBIT C PROPOSAL The undersigned hereby certifies that an examination has been made of the scope and location of work and hereby proposes to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified in the manner and at the time prescribe; and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands all quantities of work, whether increased or decreased, are to be performed at the following unit prices. Description Units Estimated Quantity Price/Unit Bid Amount Hydrant Painting Each 158 $ 159.00 $ 25,122.00 Total Base Quote $ 25,122.00 Golden Valley City Council Meeting May 18, 2021 Agenda Item 3. C. 2. Purchase Replacement Hockey Rink Dasher Boards for Wesley Park. Prepared By Al Lundstrom, Parks Superintendent Rick Birno, Parks & Recreation Director Summary The Wesley Park hockey rink dasher boards are 35 years old and need replacing. Staff is recommending Becker Arena Products for the replacement through the Sourcewell Cooperative Purchasing Program contract #120320-ATH which the City of Golden Valley is a member. The Sourcewell Cooperative Purchasing Program is a municipal contracting government agency that serves education and government agencies nationally through competitively bid and awarded contract purchasing solutions. The purchase agreement has been reviewed by the City Attorney. Financial Or Budget Considerations The 2021-2030 Parks Capital Improvement Program includes $75,133.00 for the surface improvements, fencing and rink dasher board replacement purchase. Recommended Action Motion to authorize City Manager to sign purchase agreement for the replacement of the Wesley Park Hockey Rink. Supporting Documents • Becker Arena Products purchase agreement (6 pages) beckerarena.com Customer #: 207731 Quotation #: Golden Valley 4.0 Outdoor Revision #: Date: April 22, 2021 Proposal Expiration Date: May 31, 2021 Your Sales Consultant: Dan Mehren Prepared For: Project Location: Al Lundstrom Golden Valley, City of Golden Valley, City of 7800 Golden Valley Rd 7800 Golden Valley Rd Golden Valley MN 55427 Golden Valley MN 55427 Thank you for considering Becker Arena Products, Inc., we appreciate the opportunity… Benefits of Choosing to Partner with Becker Arena Products • A stable and reliable company since 1988 • A staff with in-depth knowledge of the industry and products • Quality products that last • Experienced and professional installers • Excellent customer service • Worry Free Projects – Guaranteed This system is available through the Sourcewell Cooperative Purchasing Program at discounted pricing. BECKER ARENA PRODUCTS, INC – VENDOR CONTRACT #120320 - ATH • Sourcewell is a municipal contracting government agency tha t serves education and government agencies nationally through competitively bid and awarded contract purchasing solutions. Over 47,000 Member agencies enjoy the value and commitment of the world -class Sourcewell awarded Vendors. Take advantage of the cooperative purchasing discounts shown here in this quotation mentioning our contract #120320 - ATH when ordering. You must be a member and contracting authority. Ask your salesperson for a copy of the Sourcewell Contract Purchasing information Per our recent discussions, below please find pricing to reflect the Sourcewell program for the following dasher board system. Revised to reflect May 31, 2021 quote expiration. BAP4.0 DASHER BOARD SYSTEM Becker Arena Products, Inc. shall furnish one BAP4.0 Outdoor hockey dasher board system. The pricing is based on the information furnished and will include the following items and features. DASHER MATERIALS Rink size 195’ x 85’ x 28’ radius - 48” high galvanized steel frame components only [Ring only] - Vertical dasher supports to be anchored directly into grade, Steel posts pounded in, approximately 4’ embedment beckerarena.com Page 2 - 10’ high 2” schedule 40 galvanized pipe dasher board supports for the ends and radius corners of rink and the chain link fence - One (1) frame only for a 10'-0" straight “Lift Out” gate system (planks) - All steel framing components hot dip galvanized after fabrication - 2 x 10 x 10’ long treated lumber for the sides and straight ends - 2 x 6 x 4’ long treated lumber for the radius corners (Positioned vertically) - Dasher panels to be assembled on site - Includes all hardware required for installation CHAIN LINK FENCING - Support posts for 6’ high fence fabric - 75 lineal feet - 29’ on each end zone (straight sections behind goals) and 44’ for one adjacent radius corner - 6’ high x 9-gauge galvanized chain link fabric with three horizontal support rails and all hardware for a complete installation - Four (4) each shield termination pads INSTALLATION - Becker Arena Products, Inc. will furnish an experienced and professional installation crew that meets all requirements to be considered a Qualified Becker Arena Products, Inc. Employee or Partner. This approved team will complete the installation of the dasher system and chain link fencing as described above. Price includes labor (Non-union labor / non prevailing wage rate) required fork lift and all equipment for installing chain link fence. DELIVERY Freight to Golden Valley, MN. Customer is responsible for unloading all materials. Total Price including Sourcewell Discount (material, freight, installation) Accept ______ $75,133.00 Material Price Escalation & De-Escalation Clause (Due to the volatility of all components of the above dasher board system) • In the event that the price of any of the material(s) used in the Becker Arena Products, Inc. production of the above product increase or decrease by 3% or greater from the price used for that material(s) at the time the quote was signed, then the price for the material(s) in the contract between Becker Arena Products, Inc. and the purchaser shall be increased or decreased to reflect the additional or reduced cost to obtain that material or materials. Purchaser agrees that Becker Arena Products, Inc. shall be entitled to an adjustment to the contract price to reflect and price increases of material(s) that occur as a result of Becker Arena Products, Inc. incurring additional costs when ordering materials. Please Note: Taxes are the responsibility of the purchaser. Prices do not include special insurance requirements, bonding, or applicable permits and/or license fees. Prices subject to site visit and/or receipt of final construction drawings and specifications. If sales tax is applicable, it will be added to the proposal totals and noted on a Contract Summary Sheet that will be sent back with your executed contract. All payment terms are based on credit approval. beckerarena.com Page 3 Our Standard Payment terms are: 45% due upon placement of order ($___33,809.85____) 45% due 10 days prior to shipment ($___33,809.85____) 10% due upon completion ($___ 7,513.30____) The above payment amounts will be filled in based on total contract price and any applicable sales tax and sent back on the Contract Summary Sheet with your executed contract. We are looking forward to the opportunity of working with you on your project and if we can be of further assistance please do not hesitate to call. This proposal is subject to Becker Arena Products, Inc. Standard Terms and Conditions and Limited Warranty and may be withdrawn without penalty at any time before contract execution. If accepted, please sign and return this copy to Becker Arena Products. When approved and signed by one of our officers a fully executed copy will be forwarded for your records. This proposal is subject to change, withdrawal or cancellation until accepted by you. If Becker Arena Products, Inc. have not received your acceptance within 60 days from the date hereof, this proposal shall automatically expire. Becker Arena Products, Inc. retains a security interest in all products covered in this agreement until all payment terms have been met. In addition, the purchaser agrees to sign any additional documents for Becker Arena Products, Inc. to perfect its security interest in the products. Proposal/Contract # Golden Valley 4.0 Outdoor is accepted with initialed options: ____________________________________ _____________________________ Purchaser Signature Becker Arena Products, Inc. ____________________________________ ___General Manager____________ Title Title ____________________________________ ____Jeff Brosz_________________ Print Name Print Name ____________________________________ _____________________________ Today’s Date Today’s Date ____#2129 __________________________ ___#120320 - ATH _____________ Sourcewell ID Sourcewell Contract ID beckerarena.com Page 4 BECKER ARENA PRODUCTS INC. STANDARD TERMS AND CONDITIONS OF SALE ‐ EFFECTIVE JANUARY 2021 1. Definitions. In these terms ‐"Seller" means the seller of the Goods as defined herein; "Buyer" means the entity purchasing the Goods, incl uding any successors thereof; "Goods" means the goods, products and materials manufactured, imported, supplied and/or delivered for or by Seller to Buyer, as such were approved by Seller in reply to Buyer's order and accordingly listed in the Approval of Order; "Approval of Order", in respect of any Buye r's order, means the instrument issued by Seller, bearing the same reference number of such order and specifying, among any other terms, the items of Goods, including their respective price and quantity, which shall be supplied to Buyer upon such order; "Contr act" means the contract for the supply of Goods which have been ordered by Buyer and specified in Seller's Approval of Order, which contract is concluded based on thes e Terms and Conditions of Sale unless otherwise specified in the Approval of Order. 2. Payment. Payment for Goods shall be due on or prior to the delivery date of Goods and no discount may be taken. Payments received after the due date thereof shall bear a service charge from their due date, at the maximum lawful interest rate applicable, and if none – at the annual rate of 5% above the base rate from time to time of the central bank of the place of Buyer's incorporation. All payments shall be made to Seller's designated bank acc ount in the same currency and for the same amounts as specified in the Approval of Order. 3. Prices, Duties and Taxes. Prices specified in the Approval of Order are net, excluding packaging, and shall be deemed Ex‐works (Incoterms 2000 as amend ed). Prices are based, inter alia, on production costs for supplies, labor, deliveries, duties, and services current o n the order date. In the event of material increase in any such costs, Seller reserves the right either to adjust the prices for Goods accordingly, or to cancel any certain part of the sale s relating to undelivered Goods. Duties, taxes, fees, levies and other compulsory payments applicable to the sale of Goods any time, as well as freight, express, insurance and delivery charges , shall all be borne and paid in full by Buyer, unless otherwise expressly stipulated. 4. Delivery. Delivery dates noted on the Approval of Order are estimates only, and are not guaranteed, and are all subject to adjustment as determined by the Seller acting reasonably. The acceptance of shipment by a common carrier or by any licensed public truckman shall constitute proper delivery. Risk associated with the Goods shall pass to Buyer on delivery or with the passing of title in the Goods, whichever occurs first; provided however, th at where delivery is delayed due to circumstances caused by or within the responsibility of Buyer, risk of loss shall pass to Buyer upon Seller's notification that Goods are ready for dispatch. 5. Retention of Title. Title shall pass to Buyer only upon full payment by Buyer for the Goods and following payment of any other outstanding debt b y Buyer to Seller. Buyer shall, at Seller's request, take any measures necessary under applicable law to protect Seller's title in the Goods, an d lawfully notify Buyer’s present or potential creditors of Seller's title on and interest in the Goods. Buyer acknowledges that so long as title has not been transferred in the Goods, it holds the Goods as bailee and fiduciary agent for the Seller and shall safely and securely store and keep the Goods separate and in good condition, clearly showing the Seller’s ownership of the Goods and shall respectively record the Seller’s ownership of the Goods in its books. Notwithstanding the above, Buyer may us e Goods for its own use, or sell Goods, as fiduciary agent for the Seller, to a third party in the normal course of business by bona fide sale at market value, whereby proceeds of such usage or sale of Goods, as the case may be, shall, to the extent of the amount being owed by Buyer to Seller at the time of receipt of such proceeds, be held by Buyer on trust for Seller and specifically ascertained, until payment in full for all payable debts by Buyer to Seller. 6. Warranty. a) If applicable, Seller warrants that Goods as set out in the warranty applicable thereto given by Seller to Buyer, subject always to the terms and conditions thereof, and subject to use, storage and application thereof in accordance with and based on Seller's standard tolerances, instruction s of use and recommendations. b) Unless otherwise restricted by mandatory applicable law, THE WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR USE AND FOR PURPOS E, ANY ADVICE AND RECOMMENDATION AND ANY OBLIGATIONS OR LIABILITIES WHICH MAY BE IMPUTED TO SELLER, ANY AND ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED, DENIED AND EXCLUDED. BUYER EXPRESSLY AGREES THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS AGREEMENT WILL BE CLAIMED OR OTHERWISE ADHERED TO BY BUYER AND/OR BY ANYONE ACTING ON BUYER’S BEHALF AND/OR BY ANYONE DERIVING THE LEGALITY OF ITS CLAIM FROM BUYER, NOR THAT WILL ANY SUCH WARRANTY BE VALID. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, USE OR HANDLING OF ANY AND ALL GOODS SPECIFIED OR CONTEMPLATED BY THIS CONTRACT. NO WARRANTY IS MADE WITH RESPECT TO ANY OF THESE GOODS WHICH HAVE BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, IMPROPER CARE, IMPROPER STORAGE, IMPROPER MAINTENANCE, ABUSE OR MISUSE. 7. Claims and Liability. a) Unless Seller shall within 30 days after delivery of the Goods, receive from Buyer written notice of any matter or thing b y reason whereof it is alleged that Goods are not in accordance with the Contract, Goods delivered shall be deemed to have been supplied, delivered and accepted in all respects in full conformity with the Contract and Buyer shall be entitled neither to reject the same nor to raise any claim for damages or for other remedy in res pect of any alleged negligence and/or breach of warranty and/or any condition. b) In any claim, brought subject to the conditions above, Buyer must prove to the sa tisfaction of Seller that it followed Seller's instructions for use, care, storage, maintenance, handling and application of the Goods. c) Unless otherwise specifically restricted by mandatory applicable law, Seller's liability under any claim and in connection with any possible allegation, whether based on negligence, contract , or any other cause of action, shall, if the Seller shall be liable hereunder, be limited to either (i) the replacement of the Goods or the supply of equivalent goods; (i i) the repair, or payment of the cost of repair, of the Goods; or (iii) credit in an amount equal to the purchase p rice specified in Seller's pertinent invoice, or in an amount of equivalent goods, all at Seller's sole option. Buyer acknowledges that the remedy available to him as specified herein, is in lieu of any remedies that may be other wise available to him, now or in the future, whether in law or in equity, relating to any loss or damage, whether directly or indirectly, arising from the purchas e and/or the use of Goods, including without limitation, any actual or contingent damages, loss of production, loss of pr ofit, loss of use, loss of contracts or any other consequential or indirect loss whatsoever, whether pecuniary or non‐pecuniary, and it is acknowledged and agreed by Buyer that in no circumstances shall Seller be liabl e for any such damages. Should any limitation on Seller's liability hereunder be held ineffective under applicable law, than Seller's liability shall in any event be limited to the minimum amount of damages to which Seller may limit its liability, where such is greater than the purchase price as specified in Seller's pertinent invoice. Additionally, any action against Seller must be commenced within one year after the cause of action accrues. d) Buyer, for himself and for any other party which may claim either under or through Buyer, or independently of Buyer, including Buyer's employees, directors, officers, representatives and personnel, shall indemnify and hold Se ller harmless, from and against any claim or liability for damages in any way relating to the supply or use of the Goods, includin g claims for negligence and including but not limited to, any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenanc e of any Goods sold hereunder, whether alleged to have been committed by Seller or by any other person whatsoever. Buyer's undertaking as specified in this subsection shall extend and inure to the benefit of Seller and of Seller's successors at any time, as well as to Seller's personnel, representatives, managers, directors and officers. Nothing contained herein shall take effect to exclude or limit liability where liability may not be excluded or limited under applicable law, including, without limitation, for death, personal injury and fraudulent misrepresentations. e) Any and all warranties, undertakings, guarantees, or assurances provided herein by Seller, are specifically limited to Buyer herein, and not imputed by Seller, whether directly or indirectly, expressly or impliedly, to any other person or entity, including a ny subsequent buyer or user, bailee, licensee, assignee, employee and agent of Buyer. beckerarena.com Page 5 8. Default. Upon failure of Buyer to pay any amounts due to Seller, or in the event of any breach or anticipated breach by Buyer of any C ontract with Seller, or if Buyer shall either (i) become insolvent, (ii) call a meeting of its creditors, or (iii) make any assignment for the benefit of creditors, or if (iv) a b ankruptcy, insolvency, reorganization, receivership or reorganization proceeding shall be commenced by or against Buyer, then, in e ach such occasion, Seller may, at its sole discretion, opt to (1) cancel this and any other Contract with Buyer (without waiving any of Seller's rights to pursue any remedy against Buyer); (2) claim return of any Goods in the possession of Buyer, the title of which has not passed to Buyer, and enter Buyer’s premises (or the premises of any associated company or agent where such Goods are located), without liability for tre spass or any alleged damage, to retake possession of such Goods; (3) defer any shipment hereunder; (4) declare forthwith due and payable all outstanding bills of Buyer under this or any Contract; and/or (5) sell all or part of the undelivered Goods, without notice at public and/or on private sale, while Buyer shall be responsible for all costs and expenses of such sale and be liable to Seller for any shortfall in the discharge of the amounts due to Seller. 9. Independent Delivery. Each delivery of Goods shall (without prejudice to Seller's rights under clause 8 hereinabove) be considered a separate contract and the failure of any delivery shall not vitiate any contract as to deliveries of other Goods and payment t herefor. 10. Cancellation. Orders manufactured in whole or in part, pursuant to Buyer's specifications, may not be cancelled excep t with Seller's prior written consent, on terms which will compensate Seller for any resulting losses. 11. No‐Assignment. No rights or obligations of Buyer arising out of this Contract may be assigned without the express prior written consent of S eller. 12. Force Majeure. Should Seller be prevented from effecting deliveries of the Goods or any of them by reason of either an act of god, insurrect ion, riot, war hostilities, terror attacks, warlike operations, piracy, arrests, restraints or detainments by any competent authority, strikes or combinations or lock‐out of workmen, fire, floods, droughts, earthquakes, permanent or temporary delay or inability to obtain labor, material or services through Seller's usual and regular sources, or any other circumstances (whether of a nature similar to those specified, or not) beyond the absolute control of the Seller, then, in each such ca ses, the obligation of the Seller to effect deliveries hereunder shall be suspended until after such prevention shall cease to cont inue. Should any deliveries under this Contract be suspended under this clause for more than 90 days – either party may withdraw from this Contract and be relieved from any liability; provided however, that Buyer shall neverthel ess accept delivery and pay for such Goods once the Seller is able to deliver in accordance with the period(s) of shipment named in this Contract. Seller shall not be liable for, and be relieved from, any loss or damages of any kind resulting from the causes mentioned hereinabove. 13. Advice. Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistan ce or service provided by Seller in relation to the Goods or in respect of their use or application is given in good faith, shall be deemed accepted by Buyer without imputation of any liability to Seller, and it shall be the responsibility of Buyer to confirm the accuracy and reliability of the same in light of the use o f which Buyer makes or intends to make of the Goods. 14. Entire Agreement. This Contract merges the entire terms and conditions for sale of the Goods. In the event of any conflict between the terms he rein and any provisions included in the Approval of Order, the latter shall govern and prevail. Subject to th e foregoing, nothing specified in, or referred to by, any other document, record or instrument whatsoever, which relates to and/or which otherwise subsists in connection with the sale of Goods herein , whether expressly or impliedly, including any written order, request or other standard or specific terms of any entity, shall or may be interpreted to attribute to Seller and/or to Seller's affiliates or representatives (i) any liability, obligation, commitment and/or undertaking, and/or (ii) any waiver in con nection with or of any right, whether contractual, proprietary, in‐person am and/or equitable, including but not limited to, any and all intellectual property rights in connection with the Goods, which are and shall always remain in the Seller's exclusive and complete ownership under all circumstances whatsoever, notwithstanding any sale of Goods hereunder and whether the Goods shall be standard Goods or manufactured to a specific order. No modification or waiver of any provision her eof shall become valid and effective except upon a written instrument duly signed beforehand by Seller. No waiver by either party of any default of the other part y shall be deemed a waiver of any subsequent or other default. If any provision of this Contract becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, the balance of this Contract shall continue in full force and effect without the provision. 15. Law and Arbitration. This Contract shall be governed by and construed in accordance with the laws of the state of Seller's incorporation. Any dispute arising out of or in connection with this Contract shall, if so determined by the Seller, be finally settled by arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce ("ICC"), as shall be in effect from time to time, and if so determined, the balance of this Section shall apply. The arbitration shall be held at such location in the state of Seller's incorporation as shall be determined by Seller, in its sole discretion. The arbitrator shall be mutually appointed by Seller and Buyer within 21 (twenty‐one) days following a written demand for arbitration by either of the parties. Failing to reach an agreement regarding the nomination of an arbitrator, the head of the relevant ICC national committee (located in the Seller's country of incorporation; a nd absent such local committee in that specific country – the ICC UK Committee (www.iccuk.net)) shall appoint an arbitrator at the request of any of the parties, a copy of which request. for the appointment of an arbitrator shall be provided by the requesting party to the other party. Awards may be enforced in accordance with the 1958 New York Convention and judgment may be entered upon any award in any court having jurisdiction over the parties and/or their assets. The arbitrator's fees shall be paid by both parties in equal parts unless otherwise determined by the arbitrator. This provision shall survive any termination of any of the terms and conditions herein and shall be deemed to constitute an independent arbitration agreement between Buyer and Seller for all purposes and intents. 16. Dasher Board Systems 1. Seller may choose whether or not to produce the rink according to its production schedule. If they produce the rink on schedule, it will be stored at Becker Arena Product’s location of business and storage fees will be charged to the Purchaser at the rate of US $300 per week . All payments will be due according to the terms from the original ship date. If the Seller chooses to delay production to coincide with the new ship date, no storage fee s will apply, and payment will be due according to the terms from the original ship date. If contract terms are paid in full prior t o shipping, the time will start from the original ship date and not the adjusted ship date. 2. A new shipping installation date will be coordinated with Seller's installation department and confirmed with the Purchaser. The Seller will reschedule the installation for the next available date according to the Seller’s installation schedule. In some cases, the site delay may cause ad ditional charges. This includes, but is not limited to, wages, remobilization, and equipment rental, to be paid by the Purchaser. 3. If the Purchaser's site is not ready when the Seller's installation crew arrives, additional costs will be charged to the Pur chaser. This includes, but is not limited to wages, travel, lodging, meals, equipment rental and changes in Becker Arena Product’s installation schedule. 17. General Site Requirements. The following criteria must be met, or extra charges may apply, and delays will be incurred, if the site is not in compliance when Seller is ready to deliver and install the goods: beckerarena.com Page 6 1.Concrete and Floor Work: All concrete work is to be completed and allowed to cure, according to job specifications and/or refrigeration contract ors requirements, before the date installation is scheduled to begin. 2.The levelness of the perimeter concrete, where the rink is to be installed, must be within 1/8" of levelness for every 10' in length and no more than 1/4” difference in height over the length and width of the perimeter surface. 3.For sand floors, the first 6" from the front of the curb, where the rink is to be insta lled, must be within 1/16" of flatness from the inside edge outward and meet the levelness and flatness conditions specified above, Sand floors are not to be final graded prior to dasher board installation. 4.Expansion joints, which are to be covered completely by the rink, are to be within 1/2” of straightness from end to end and side to side. The distance from side to side and end to end of the outside edge of the expansion joint is to be within 1/2” of the required dimension fo r the frame to cover it. 5.If, upon arrival, the perimeter concrete is inspected and does not meet the specifications for levelness, flatness, straightnes s and size, the following will occur: 6.Seller's Representative will determine if rink can be shimmed or adjusted/cut to achieve desired levelness, fit and/or expansion joint coverage while maintaining the structural integrity of the rink. If so, the additional time and materials to do this will be paid by the Pur chaser. A change order must be filled out by the Seller's Representative and signed by the Purchaser before any work commences. 7.If the rink cannot be shimmed or adjusted to the desired levelness and/or coverage while maintaining the structural integrity of the rink, the Purchaser will be responsible for fixing the surface to meet specifications. All associated costs for this are the sole responsibility of the Purchaser. 8.The Seller will accept contracts that are retrofit projects with the understanding that the condition of the underlying perim eter concrete work meets the specifications stated above. If, after removal of the existing rink, the concrete does not meet these conditions, points “1” and “2” from above will apply. 18. Requirements for Rink Installations: (Refer to the enclosed Site Requirements) 1.Walk Through Inspection. When Seller's work is complete or near complete, Purchaser or the Purchaser's Representative (includ ing general contractors and architects) must be available for a final walk-through inspection with the Seller's Representative. Any parties who do not attend the walk through will forfeit their right to submit punch list items. A final punch list of items to be completed or repaired will be prepared as a result of this walk through. Any item not included on the final “punch list” will not be the responsibility of the Seller unless it is covered by the Seller's Warranty. 2.Shop Drawings and Non-standard Shielding. Preparation of shop drawings will not commence until after the signed contract has been delivered to Sell er. Production will not commence until Seller receives approved shop drawings. Field measured; tempered glass (non -standard sizes) may require an additional 3-4 weeks for delivery after completion of installation. Any field measured tempered glass to be installed by purchas er. 3.Polyethylene. All polyethylene used to manufacture the rink shall be virgin material. All colors shall match within manufactu rer's tolerance. 4.Seller will not be responsible for replacing polyethylene that conforms to manufacturers color tolerance. D uring manufacturing, all panels shall have the polyethylene overhang past the frame a minimum of 1/16” on each end to allow for contraction of the material due to temperatu re change in the field. Seller shall not be responsible for material contraction gap s between panels due to temperature change if it adheres to these manufacturing requirements. 5.Material Check-in. (Installation supervision and supply only contracts) The Purchaser shall be responsible to verify the shipment for quanti ties and any damage caused from shipping for jobs that include installation supervision or are supply only. Any quantity variances and/or damage must be noted and reported to the Project Manager by filling out the Material Check-in Form and faxing it to the Project Manager. Missing/damaged items must be reported within 24 hours of receipt to receive credit. All boxes will be clearly marked by the Seller. The Ship list will clearly iden tify the contents and quantities of the shipment. It is the responsibility of the Purchaser to verify that all box numbers in the hardware crate are accounted for, not to open and count each individual item per box. The Purchaser must count anything that is not boxed. Golden Valley City Council Meeting May 18, 2021 Agenda Item 3. C. 3. Authorize Professional Services Agreement with CivicPlus for Implementation of the 2021 Website Redesign and Development Services Prepared By Cheryl Weiler, Communications Director Summary City staff seeks to hire CivicPlus for professional services to manage and implement the redesign of the City of Golden Valley website at www.goldenvalleymn.gov. Staff sent RFQs to 15 vendors (of which six responded) and posted the RFQ on the City website, garnering a total of 18 responses. Base costs ranged from $13,674.96 to $60,000, annual hosting fees ranged from $600 to $9,644, and costs for additional features ranged from $0 to $54,600+. Staff used a five-point scoring system to evaluate all proposals for strengths, weaknesses, and probability of successfully meeting RFQ needs. CivicPlus received the highest ranking for its ability to meet all of the City’s required elements and deliverables. Website development and implementation includes a redesigned, task-focused website that is mobile friendly, ADA compliant, and can be translated to multiple languages. An additional feature is an AI- driven ChatBot with a language translator. Other highlights include two rounds of task-oriented user testing, content development and consulting with an eye toward plain language, and staff training in the cloud-based content management system. An annual fee includes all website hosting and maintenance, updates, security, and technical support. Financial Or Budget Considerations The base fee for one-time development and implementation is $39,393.12. The annual hosting fee is $9,644 for year one, with a 5 percent technology uplift beginning in year two and an option for a fourth-year free redesign. The $50,000 budgeted for this project will be taken from Fund Balance. Recommended Action Motion to Authorize Professional Services Agreement with CivicPlus for Implementation of the 2021 Website Redesign and Development Services in the amount of $39,393.12, plus an annual hosting fee of $9,644 with a 5 percent annual technology uplift. Supporting Documents • Professional Services Agreement For Website Development (60 pages) 1 PROFESSIONAL SERVICES AGREEMENT FOR WEBSITE DEVELOPMENT THIS AGREEMENT is made this May 18, 2021 (Effective Date) by and between CivicPlus, a Kansas corporation with its principal office located at 302 S 4th St , Ste. 500, Manhattan, Kansas 66502 (“Contractor”), and the City of Golden Valley, Minnesota , a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of providing integra ted technology solutions for government. B. The City desires to hire Contractor to provide website redesign services as part of its Communications services. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requeste d services. D. The City desires to engage Contractor to provide the services described in this Agreement and Contractor is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Contractor agree as follows: AGREEMENT 1. Services. Contractor agrees to provide the City with the services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. Contractor may reasonably rely on information and documents provided by or through the City. 2. Time for Completion. The Services shall be completed on or before November 1, 2021, provided that the parties may extend the stated deadlines upon mutual written agreement. The project timeline, to the extent possible shall comply with the deadlines set forth in the attached Exhibit B. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Contractor for the Services according to the terms on the attached hereto as Exhibit A. The consideration shall be for both the Services performed by Contractor and any expenses incurred by Contractor in performing the Services. Contractor shall submit statements to the City upon completion of the Services. The City shall pay Contractor within thirty (30) days after Contractor’s statements are submitted. 2 4. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be provided via electronic mail. 5. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 6. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 7. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor , the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 8. Records/Inspection. Pursuant t o Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 9. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 10. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: Worker’s Compensation Insurance as r equired by Minnesota Statutes, section 176.181; Business Auto Liability in an amount not less than $1,000,000.00 per occurrence; Professional Liability in an amount not less than $1,000,000.00 per occurrence; and Commercial General 3 Liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage, $2,000,000.00 aggregate. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 11. Subcontracting. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the cont rary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultant s, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Servic es required by this Agreement. Any instrument in violation of this provision is null and void. 12. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. 13. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others. Contractor shall provide or contract for a ll required equipment and personnel. Consultant shall control t he manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limit ed to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 14. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Contractor agrees to provide the Services. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment a nd tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 15. Entire Agreement. This Agreement, any atta ched exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Contractor , and supersedes any other written 4 or oral agreements between the City and Contractor. This Agreement may only be modified in a writing signed by the City and Contractor. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between this Agreement and Exhibits A or B, the terms of this agreement shall prevail. 16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be mediat ed with a mutually acceptable third-party neutral within 90 days of either party giving notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute, controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise . 18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 19. Work Products and Ownership of Documents. All records, information, materials, and work produc t, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Contractor may retain reproductions of such records, information, materials and work product . Regardless of when such information was provided or created, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Ag reement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Contractor prior to the effective date of this Agreement; however, to the extent Contractor generates reports or recommendations for the City using proprietary processes or formula s, Contractor shall provide the City (1) factual support for such reports and recommendations; (2) a detailed expla nation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 20. Agreement Not Exclusive. The City retains the right to hire other professional consultant service providers for this or other matters, in the City’s sole discretion. 21. Data Practices Act Compliance. Any and all data provided to Contractor , received from Contractor’s, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Pra ctices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the 5 City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 22. No Discrimination . Contractor agrees not to discriminate in community engagement or in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with the Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rig hts Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Cheryl Weiler, the Communications Director of the City, or designee. Contractor’s authorized agent for purposes of administration of this contract is ___________________, or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY CivicPlus ______________________ 302 S 4th St Manhattan, KS 66502 Contact email City of Golden Valley Cheryl Weiler 7800 Golden Valley Road Golden Valley, MN 55427 cweiler@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 25. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 26. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 6 27. Publicity . At the City’s request, the City and Contractor shall de velop language to use when discussing the Services. Contractor agrees that Contractor shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Contractor shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 28. Severability . In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be sever ed, and the balance of the Agreement shall continue in full force and effect. 29. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor , described in this Agreement, personally. 30. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 31. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. [Remainder of page left blank intentionally. Signature page follows.] 7 IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. CIVICPLUS, LLC: CITY OF GOLDEN VALLEY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager EXHIBIT A CIVICPLUS STATEMENT OF WORK, AMENDED FEE SCHEDULE. AND MASTER SERVICES AGREEMENT V. PD 06.01.2015-0048 Page 1 of 5 CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Quote #: Q-09635-1 Date: 6/8/2020 1:36 PM Expires On: 6/30/2021 Product: CivicEngage Client: Golden Valley MN - CivicEngage Bill To: Golden Valley MN - CivicEngage SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Hector Ortega x hector.ortega@civicplus.com Net 30 CivicEngage - Statement of Work QTY PRODUCT NAME DESCRIPTION PRODUCT TYPE 1.00 On-Site User Testing - CivicEngage Includes two (2) rounds of on-site testing. 2.00 User Testing - CivicEngage User Testing - 2 Rounds One-time 3.00 Travel Days - CivicEngage On-Site Days One-time 1.00 Annual - CivicEngage Central CivicEngage 5 Annual Renewable 1.00 Hosting & Security Annual Fee - CivicEngage Central Hosting & Security Annual Fee Renewable 1.00 SSL Management – CP Provided Only SSL Management – CP Provided Only 1 per domain (Annually Renews) Renewable 1.00 DNS and Domain Hosting Setup (http://URL) DNS Hosting Setup (http://URL) One-time 1.00 DNS and Domain Hosting Annual Fee (http://URL) DNS Hosting Annual Fee (http://URL) Renewable 1.00 Premium Implementation - CivicEngage Premium Implementation One-time 1.00 4yr Redesign Premium Annual - CivicEngage Central 4yr Redesign Premium Annual Renewable 250.00 Content Development - 1 Page - CivicEngage Content Development - 1 Page One-time 4.00 System Training (4h, virtual) - CivicEngage System Training - Virtual, Half Day Block One-time 1.00 Agendas & Minutes Migration - PDF - 100 Meetings - CivicEngage Content Migration : Agendas & Minutes - Per 100 Meetings (Approx. 1 year) One-time V. PD 06.01.2015-0048 Page 2 of 5 QTY PRODUCT NAME DESCRIPTION PRODUCT TYPE 1.00 CivicPlus Non-Tier Chatbot Subscription CivicPlus Non-Tier Chatbot Subscription with Translate Functionality Renewable 1.00 Recommended Navigation - CivicEngage Recommended#restructure of global navigation#and graphic buttons One-time 4.00 Virtual Content Consulting - CivicEngage CivicEngage Virtual Content Consulting 1/2 day block One-time 1.00 Expedited Timeline Expedited Timeline "24" Weeks One-time Total Investment - Year 1 USD 49,037.12 Annual Recurring Services - Year 2 USD 11,176.33 Total Days of Quote:365 1. This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement located at https://www.civicplus.com/master-services-agreement (“MSA”), to which this SOW is hereby attached as the CivicEngage Statement of Work. By signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW. 2. This SOW shall remain in effect for an initial term equal to 365 days from the date of signing (“Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW will automatically renew for an additional 1-year renewal term (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”. 3. The Total Investment - Year 1 will be invoiced as follows: a. Upon signing this SOW, thirty percent (30%) of the Total Investment Year 1 Fees; b. The earlier of 6 months from signing or upon completion of CivicEngage Implementation (completion of training), the remaining seventy percent (70%) of the Total Investment Year 1. 4. Annual Recurring Services shall be invoiced on the start date of each Renewal Term. Annual Recurring Services, including but not limited to hosting, support and maintenance services, shall be subject to a 5% annual increase beginning in year 2 of service. Client will pay all invoices within 30 days of the date of such invoice. 5. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be construed as time sensitive, such as calendar or blog content, during the Project Development. 6. If a Recurring Redesign line item is included with the Client's quote in this SOW, starting after 48 months of continuous service under this SOW, Client shall be entitled to receive a redesign at no additional cost. Client may initiate such redesign any time after 48 months of continuous service. Upon the initiation of an eligible redesign project, Client may begin accumulating eligibility towards a subsequent redesign after another 48 months of continuous service. Redesigns that include additional features not available on the original website may be subject to additional charges. Additional features include, but are not limited to, additional modules and integration of third-party software. Recurring Redesigns are eligible for the website, subsite, and department headers included in this SOW only. Any subsequently purchased website, subsite, and department header shall not be included in a redesign hereunder. 7. Client allows CivicPlus to display a “Government Websites by CivicPlus” insignia, and web link at the bottom of V. PD 06.01.2015-0048 Page 3 of 5 their web pages. Client understands that the pricing and any related discount structure provided under this SOW assumes such perpetual permission. 8. Client understands that the services contracted for herein (the “Services”) do not collect, and CivicPlus discourages Client from soliciting and collecting, any personally identifiable information (“PII”), personal health information (“PHI”), payment card industry information (“PCI”) or any other financial data from its users. CivicPlus cannot monitor and control Client’s actions; therefore, in the event Client solicits and stores any PII, PHI, PCI or other financial data, it is at Client’s sole discretion and risk. Client as the data owner, and not CivicPlus, is solely responsible for the applicable laws and regulations regarding any data breach involving such data, including breach notification and credit monitoring requirements. 9. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, CIVICPLUS MAKES NO REPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE CLIENT WITH RESPECT TO ANY TECHNOLOGY OR OTHER SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO ANY AND ALL OF THE FOREGOING. 10. Client agrees to use the Service in ways that conform to all applicable laws and regulations. Client agrees not to make any attempt to gain unauthorized access to the Services and/or any of CivicPlus’ systems or networks. Client agrees that CivicPlus shall not be responsible or liable for the content of messages created by Client, or by those who access Service. 11. Client understands that the Services must crawl over Client’s entire site and scrape information for successful performance. Client shall be solely responsible for obtaining permission from any third-party whose content may be crawled and/or scraped by the usage of the Services. In no event shall CivicPlus be liable to Client or any third-party, for any claim, action, liability, or damages, arising out of or related to the Services crawling over and/or scraping any third-party system and/or content. The cost of the Services listed in this SOW is for one domain, limited to ten crawled websites, if Client requires more domains or crawled websites, please reach out to your CivicPlus representative. 12. Notwithstanding anything to the contrary, CivicPlus and/or its partners shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Client data and data derived therefrom), and CivicPlus and/or its partners will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other CivicPlus offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein. Signature Page to Follow V. PD 06.01.2015-0048 Page 4 of 5 Acceptance By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the MSA terms and conditions found at: https://www.civicplus.com/master-services-agreement. IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. Client CivicPlus By: By: Name: Name: Title: Title: Date: Date: V. PD 06.01.2015-0048 Page 5 of 5 Contact Information *all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet. Organization URL Street Address Address 2 City State Postal Code CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Emergency Contact & Mobile Phone Billing Contact E-Mail Phone Ext. Fax Billing Address Address 2 City State Postal Code Tax ID # Sales Tax Exempt # Billing Terms Account Rep Info Required on Invoice (PO or Job #) Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ ] Please list all external sources: Contract Contact Email Phone Ext. Fax Project Contact Email Phone Ext. Fax 1 of 7 CivicPlus Master Services Agreement This Master Services Agreement (this “Agreement”) governs all Statements of Work (“SOW”) entered into by and between CivicPlus, LLC (“CivicPlus”) and the client entity identified on the SOW (“Client”). This Agreement governs the use and provision of any Services purchased by Client, as described in any signed SOW, and the effective date of this Agreement shall commence on the date of signature of the SOW (“Effective Date”). If a SOW has not been executed, then the Effective Date shall be determined as the start date of implementation of any software solution by CivicPlus for Client. CivicPlus and Client referred to herein individually as “Party” and jointly as “Parties”. Recitals I. WHEREAS, CivicPlus is engaged in the business of developing and providing access to proprietary community engagement and government content management software solutions, platforms and associated services (the “Services”); and II. WHEREAS, Client wishes to engage CivicPlus for the procurement of the Services and/or receive a license subscription for the ongoing use of the Services, as set forth in the SOW; NOW, THEREFORE, Client and CivicPlus agree as follows: Agreement Term & Termination 1. This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any SOW is in effect between CivicPlus and Client, or Services are being provided by CivicPlus to Client, unless terminated in accordance with this §1 or as otherwise provided in this Agreement (the “Term”). Either Party may terminate this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to the other Party, if the other Party materially breaches any provision of this Agreement and does not substantially cure the breach within thirty (30) days after receiving notice of such breach. A delinquent Client account remaining past due for longer than 90 days is a material breach by Client and is grounds for CivicPlus termination. 2. Upon termination of this Agreement or any SOW for any reason, (a) the licenses granted for such relevant SOW by §11 below will terminate and Client shall cease all use of the CivicPlus Property and Services associated with the terminated SOW and (b) any amounts owed under outstanding invoices or future planned billing for the completed development and implementation of the Client’s Services, as defined in the SOW (“Project Development”), shall immediately become due in full and payable. Sections 7, 8, 10, 14, 15, 18, 29 -31, 39, and 40 will survive any expiration or termination of this Agreement. 3. At any time during the Term, CivicPlus may, immediately upon notice to Client, suspend access to any Service due to a threat to the technical security or technical integrity of the Services. Invoicing & Payment Terms 4. Client will pay the amounts owed to CivicPlus for the Project Development, subscription and licensing, and annual hosting, support and maintenance services (“Annual Recurring Services”) in accordance with the payment schedule set forth on the applicable SOW. Invoices shall be sent electronically to the individual/entity designated in the SOW’s contact sheet that is 2 of 7 required to be filled out and submitted by Client (the “Contact Sheet”). Client shall provide accurate, current and complete information of Client’s legal business name, address, email address, and phone number in the Contact Sheet upon submission of a signed SOW. Client will maintain and promptly update the Contact Sheet information if it should change. Upon Client’s request, CivicPlus will mail hard-copy invoices for a $5.00 convenience fee. 5. Each SOW will state the amount of days from date of invoice payment is due. Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month or the maximum rate permitted by applicable law, whichever is less, will be added to past due accounts from due date until paid. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). If the Client's account exceeds 60 days past due, support will be discontinued until the Client's account is made current. If the Client's account exceeds 90 days past due, Annual Recurring Services will be discontinued, and the Client will no longer have access to the Services until the Client's account is made current. Client will be given 15 days’ notice prior to discontinuation of Services for non-payment. 6. During the performance of services during Project Development, if the Client requests a change in the timeline agreed upon at the beginning of the Project Development or a change that requires repeated efforts to previously approved work product and such change causes CivicPlus to incur additional expenses (i.e. airline change fees, resource hours, consultant fees), Client agrees to reimburse CivicPlus for such fees, not to exceed $1,000 per CivicPlus employee. CivicPlus shall notify Client prior to incurring such expenses and shall only incur those expenses which are a pproved by Client. Ownership & Content Responsibility 7. Upon full and complete payment of amounts owed for Project Development under the applicable SOW, Client will own the website graphic designs, webpage or Services content, module content, importable/exportable data, and archived information (“Client Content”) created by CivicPlus on behalf of Client pursuant to this Agreement. “Client Content” also includes any elements of text, graphics, images, photos, designs, artworks, logos, trademarks, services marks, and other materials or content which Client provides or inputs into any website, software or module in connection with any Services. Client Content excludes any content in the public domain; and any content owned or licensed by CivicPlus, whether in connection with providing Services or otherwise. 8. Upon completion of the Project Development, Client will assume full responsibility for Client C ontent maintenance and administration. Client, not CivicPlus, shall have sole respons ibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Content. Client hereby grants CivicPlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Client Content as necessary to provide the Services. Client represents and warrants that Client owns all Client Content or that Client has permission from the rightful owner to use each of the elements of Client Content; and that Client has all rights necessary for CivicPlus to use the C lient Content in connection with providing the Services. 9. At any time during the term of the applicable SOW, Client will have the ability to download the Client Content and export the Client data through the Services. Client may request CivicPlus to perform the export of Client data and provide the Client data to Client in a commonly used format at any time, for a fee to be quoted at time of request and approved by Client. Upon termination of the applicable SOW for any reason, whether or not Client has retrieved or requested the Client data, CivicPlus reserves the right to permanently and definitively delete the Client Content and Client data held in the Services thirty (30) days following termination of the applicable SOW. During the thirty (30) day period following termination of the SOW, regardless of the reason for its termination, Client will not have access to the Services. 10. Intellectual Property in the software or other original works created by or licensed to CivicPlus , including all source code, documents, and materials used in the Services (“CivicPlus Property”) will remain the property of CivicPlus. CivicPlus Property specifically excludes Client Content. Client shall not (i) license, sublicense, sell, resell, reprod uce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in the applicable SOW; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any 3 of 7 other server or wireless or internet-based device that may allow third party entities, other than Client, to use the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain the source code to all or any portion of the Services; or (v) access any CivicPlus Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and modu le names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement. 11. Provided Client complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in §10, CivicPlus hereby grants Client a limited, nontransferable, nonexclusive, license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. 12. All CivicPlus helpful information and user’s guides for the Services (“Documentation”) are maintained and updated electronically by CivicPlus and can be accessed through the CivicPlus “Help Center”. CivicPlus does not provide paper copies of its Documentation. Client and its Users are granted a limited license to access Documentation as needed. Client shall not copy, download, distribute, or make derivatives of the Documentation. 13. Client acknowledges that CivicPlus may continually develop, alter, deliver, and provide to the Client ongoing innovation to the Services, in the form of new features, functionality, and efficiencies. Accordingly, Civi cPlus reserves the right to modify the Services from time to time. Any modifications or improvements to the Services listed on the SOW will be provided to the Client at no additional charge. In the event that CivicPlus creates new products or enhancements to the Services (“New Services”), and Client desires these New Services, then Client will have to pay CivicPlus the appropriate fee for the access to and use of the New Services. 14. CivicPlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Client to CivicPlus in connection with its access to and use of the Services (all reports, comments and suggestions provided by Client hereunder constitute, collectively, the “Feedback”). Client hereby grants to CivicPlus a worldwide, non -exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback in the CivicPlus products and services. Indemnification 15. Unless prohibited by the law of Client’s state, the Parties shall defend, indemnify and hold the other Party, its partners, employees, and agents harmless from and against any and all third party lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses, including attorney’s fees, of any kind, without limitation, arising out of the negligent actions and omissions, or intentionally malicious actions or omissions of the indemnifying Party or its affiliates, partners, employees, and agents, directly associated with this Agreement and the installation and ongoing operations of Services contemplated by th e SOW. This section shall not apply to the extent that any lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses is caused by the negligence or willful misconduct on the part of the indemnified Party. Responsibilities of the Parties 16. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the Service received by the Client. 17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed/contracted on the Client’s behalf. During Project Development, Client will be responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner. 18. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-user’s personal data on any Service provided by CivicPlus. Client further agrees that CivicPlus has no responsibility for the use or storage of end -users’ personal data in connection with the Services or the consequences of the solicitation, collection, storage, or other use by Client 4 of 7 or by any third party of personal data. 19. Client is responsible for all activity that occurs under Client's accounts by or on behalf of Client. Client agrees to (a) be solely responsible for all designated and authorized individuals chosen by Client (“User”) activity, which must be in accordance with this Agreement and the CivicPlus Terms of Use; (b) be solely responsible for Client data; (c) obtain and maintain during the term all necessary consents, agreements and approvals from end-users, individuals or any other third parties for all actual or intended uses of information, data or other content Client will use in connection with the Services ; (d) use commercially reasonable efforts to prevent unauthorized access to, or use of, any User’s log-in information and the Services, and notify CivicPlus promptly of any known unauthorized access or use of the foregoing; and (e) use the Services only in accordance with applicable laws and regulations. 20. The Parties shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use and provision of any of the Services or CivicPlus Property. Data Security 21. CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy. CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Client data. Except (a) in order to provide the Services; (b) to prevent or address service or technical problems in connection with support matters; (c) as expressly permitted in writing by Client; or (d) in compliance with our Privacy Policy, CivicPlus will not modify Client data or disclose Client data, unless specifically directed by Client or compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete known malicious accounts without Client authorization. 22. Client acknowledges and agrees that CivicPlus utilizes third -party service providers to host and provide the Services and store Client data and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of Client’s data. 23. CivicPlus may offer Client the ability to use third-party applications in combination with the Services. Any such third-party application will be subject to acceptance by Client. In connection with any such third -party application agreed to by Client, Client acknowledges and agrees that CivicPlus may allow the third-party providers access to Client data as required for the interoperation of such third-party application with the Services. The use of a third -party application with the Services may also require Client to agree to a separate agreement or terms and conditions with the provider of the third -party application, which will govern Client's use of such third-party application. CivicPlus Support 24. CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with applicable industry standards, including maintaining Services availability 24 hours a day, 7 days a week. Client will have 24/7 access to the online CivicPlus Help Center (civicplus.help) to review use articles, software best practices, receive maintenance release notes, as well as submit and monitor omni-channel support tickets and access solution specific support contact methods (https://www.civicplus.help/hc/en-us/requests/new). 25. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions concerning use and configuration, to diagnose code-related errors, and proactively identify potential systems issues. CivicPlus support engineers serve a preliminary function in the agile development process and escalate defects to software developers or architects for remediation. For security purposes, CivicPlus support engineers are not permitted to modify user accounts, and permissions nor distribute access outside of accounts established by means of a support interaction for testing. Client delegated Users may receive tutorials and guidance on account modifications but will perform the action themselves. 26. CivicPlus live support engineers are available to respond to User requests between 7:00 am to 7:00 pm CST Monday through Friday, excluding holidays and temporary closures for staff development, of which Client will be provided prior notice. Client is responsible for providing CivicPlus with all User contact updates. After-hours support is available by toll-free phone call only. 5 of 7 Non-emergency support requested outside of support hours will be subject to additional fees , such fees will be quoted to Client at the time of the request and will be subject to Client acceptance and invoiced the next business day following the non-emergency support. CivicPlus shall have the sole discretion to determine whether support requests qualify as an emergency, exceed reasonable use or are outside the scope of services outlined in any SOW. 27. If a reported problem cannot be solved during the first support interaction, Client will be provided a ticket number that will be used as communication method throughout ticket escalation until a solution is provided. Support service does not include support for errors caused by third party products or applications for which CivicPlus is not responsible. Marketing 28. Client hereby authorizes CivicPlus to use Client's name and logo on CivicPlus's website and in sales and marketing presentations. Such authorization may be withdrawn by Client at any time for any reason or no reason at all upon written notice to CivicPlus. Client may publicly refer to itself as a customer of the CivicPlus Services, including on Client's website and in sales presentations. Notwithstanding the foregoing, Each Party hereby grants the other a limited, worldwide, license to use the other’s logo in conformance with such Party’s trademark usage guidelines and solely for the purpose set forth in this §28. In no event will either party issue a press release publicly announcing this relationship without the approval of the other party, such approval not to be unreasonably withheld. Limitation of Liability 29. CivicPlus’ liability arising out of or related to this Agreement, or any associated SOW, will not exceed the Annual Recurring Services amounts paid by Client in the year prior to such claim of liability. 30. In no event will CivicPlus be liable to Client for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement. 31. The liabilities limited by Section 29 and 30 apply: (a) to liability for negligence; (b) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; (c) even if Client is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and (d) even if Client’s remedies fail of their essential purposes. If applicable law limits the application of the provisions of this Limitation of Liability section, CivicPlus’ liability will be limited to the maximum extent permissible. Warranties and Disclaimer 32. Each person signing the SOW, or otherwise agreeing to the terms of this Agreement, represents and warrants that he or she is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the SOW and this Agreement. Each Party represents and warrants to the other that the execution and delivery of the SOW and the performance of such Party’s obligations thereunder have been duly authorized and that this Agreement is a valid and legal agreement bindi ng on such Party and enforceable in accordance with its terms. 33. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. CivicPlus warrants to the Client that, upon notice given to CivicPlus of any defect in design or fault or improper workmanship, CivicPlus will remedy any such defect. CivicPlus makes no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or (ii) use of the Services in combination with a third party service, web hosting service, or server not authorized by CivicPlus. 34. EXCEPT FOR THE EXPRESS WARRANT IES IN THIS AGREEMENT, CIVICPLUS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR COURSE OF DEALING. 6 of 7 35. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY CIVICPLUS TO CLIENT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. Force Majeure 36. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, pandemic, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of public enemy, or other cause of similar or dissimilar nature beyond its control. Taxes 37. The amounts owed for the Services exclude, and Client will be responsible for, all sales, use, excise, withholding and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity in connection with the Services (excluding taxes based solely on CivicPlus’s income). If the Client is tax-exempt, the Client must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and the fees owed by Client under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid by a taxing authority then Client agrees to pay for all resulting fines, penalties and expenses. Other Documents 38. This Agreement, including all exhibits, amendments, and addenda hereto and all SOWs, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements , proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement or an y SOW will be effective unless in writing and signed by each Party. However, to the extent of any conflict or inconsistency between the provision in the body of this Agreement and any exhibit, amendment, or addenda hereto or any SOW, the terms of such exhi bit, amendment, addenda or SOW will prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Client purchase order or other order documentation (excluding SOWs) will be incorporated into or form any part of this Agreement, all such terms or conditions will be null and void, unless such term is to refer and agree to this Agreement . Interlocal Purchasing Consent/ Cooperative Purchasing 39. With the prior approval of CivicPlus, which may be withheld for any or no reason within CivicPlus’s sole discretion, this Agreement and any SOW may be extended to any public entity in Client’s home -state to purchase at the SOW prices and specifications in accordance with the terms stated herein. 40. To the extent permitted by law, the terms of this Agreement and set forth in one or more SOW(s) may be extended for use by other local government entities upon execution of a separate agreement, SOW , or other duly signed writing by and between CivicPlus and the such entity, setting forth all of the terms and conditions for such use, including applicable fees and billing terms. Miscellaneous Provisions 41. The invalidity, in whole or in part, of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 42. The Parties negotiated this Agreement with the opportunity to receive the aid of counsel and, accordingly, intend this Agreement to be construed fairly, according to its terms, in plain English, without constructive presumptions against the drafting Party. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As 7 of 7 used in this Agreement, the word “including” means “including but not limited to.” 43. The Parties will use reasonable efforts to resolve any dispute between them in good faith prior to initiating legal action. 44. This Agreement and any SOW, to the extent signed and delivered by means of a facsimile machine or electronic mail, shall be treated in all manner and respects as an original agreeme nt or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. The Parties agree that an electronic sign ature is the legal equivalent of its manual signature on this Agreement and any SOW. The Parties agree that no certification authority or other third party verification is necessary to validate its electronic signature and that the lack of such certification of t hird party verification will not in any way affect the enforceability of the Parties’ electronic signature or any resulting agreement between CivicPlus and Client. 45. Due to the rapidly changing nature of software as a service and digital communications, CivicPlus may unilaterally update this Agreement from time to time. In the event CivicPlus believes such change is a material alteration of the terms herein, CivicPlus will provide Client with written notice describing such change via email or through its website. Client’s continued use of the Services following such updates constitutes Client’s acceptance of the same. In the event Client rejects the update to the terms herein, Client must notify CivicPlus of its objection within ten (10) days receipt of notice of such update. Acceptance The Parties agree to the terms and conditions of this Agreement by their signature on the SOW . If the SOW does not exist, then the inclusion of these terms in the Client’s purchase order, or CivicPlus’s provision of these terms to the Client prior to the start of implementation of the Services and Client’s ongoing cooperation of implementation of the Services and subsequent use of the CivicPlus Services by the Client shall be deemed acceptance and agreement to the terms and conditions in this Agreement. EXHIBIT B CIVICPLUS EXPEDITED SAMPLE PROJECT TIMELINE 4/30/2021 Golden Valley MN | CivicEngage Central Premium Expedited SAMPLE | CivicPlus, LLC Project Timeline 1/3 Golden Valley MN CivicEngage Central Premium Expedited | SAMPLE Project Timeline INITIATE DESCRIPTION NOTES START DATE DUE DATE Project Initiation CivicEngage completes administrative work to prepare for project.5/10/2021 5/14/2021 Project Kickoff Meeting CivicEngage meets with client to set expectations for website implementation process and assign Client Deliverables. 5/17/2021 5/21/2021 Planning & Scheduling CivicEngage coordinates project timeline and resources.5/24/2021 5/28/2021 Site Map Creation CivicEngage creates site map documenting existing website.5/31/2021 6/4/2021 Project Timeline Approval Client submits Project Timeline Approval Form. http://civicplusdemo.com/timelineapproval 5/24/2021 6/4/2021 ANALYZE DESCRIPTION NOTES START DATE DUE DATE Client Deliverables Client submits deliverables as outlined. http://civicplusdemo.com/deliverablesguide 5/24/2021 6/4/2021 Design Discovery Form Client submits Design Discovery Form. http://civicplusdemo.com/designdiscovery 5/24/2021 6/4/2021 Website Analytics If available, client uploads current website analytics to SharePoint.5/24/2021 6/4/2021 Photos for Design Client uploads photos to SharePoint.5/24/2021 6/4/2021 Logo & Branding Materials Client uploads logo and / or branding materials to SharePoint.5/24/2021 6/4/2021 DNS Form Client submits DNS Form. http://civicplusdemo.com/dnsform 5/24/2021 6/4/2021 Website Content Review CivicEngage conducts review of existing website.6/7/2021 6/11/2021 Design Discovery Meeting CivicEngage meets with client to discuss design preferences and strategy.6/7/2021 6/11/2021 Content Process Meeting CivicEngage meets with client to provide overview of content development process and assign tasks for content preparation. 6/14/2021 6/18/2021 Mood Board & Layout Creation CivicEngage prepares layout and mood board.6/14/2021 6/18/2021 Mood Board & Layout Approval Client submits Layout & Mood Board Approval Form. http://civicplusdemo.com/layoutapprovalpremium 6/21/2021 6/25/2021 CONSULTING DESCRIPTION NOTES START DATE DUE DATE Consulting Engagement Coordination Consultant will review documentation and connect with client to discuss Consulting schedule, logistics and technology requirements to prepare for engagement. Consultant completes internal coordination for engagement. 5/17/2021 6/18/2021 Consultant Engagement Consultant delivers product consulting.Virtual 2 days 6/21/2021 8/13/2021 DESIGN & CONFIGURE DESCRIPTION NOTES START DATE DUE DATE 4/30/2021 Golden Valley MN | CivicEngage Central Premium Expedited SAMPLE | CivicPlus, LLC Project Timeline 2/3 Content Preparation & Updates Client reviews and updates existing website in preparation for content development. *Updates must be made prior to due date to be included in Content Implementation. 6/21/2021 7/16/2021 Design Creation/Prep/Setup CivicEngage creates design concept.6/28/2021 7/2/2021 Quality Control - Design/Setup CivicEngage reviews website design.7/5/2021 7/9/2021 Design Concept Meeting CivicEngage meets with client to review design concept in working production environment.7/12/2021 7/16/2021 Design Concept Revisions If applicable, CivicEngage makes requested changes to Design Concept. *Allow five business days from request to receive completed changes. 7/19/2021 7/23/2021 Design Concept Approval Client submits Design Concept Approval Form. http://civicplusdemo.com/designapproval *Formal approval must be received by due date of this task. Submit requested changes to design as soon as possible. Allow five business days from request to receive completed changes. 7/19/2021 7/23/2021 Design Templates & Tools CivicEngage creates templates and design tools for website maintenance.7/26/2021 7/30/2021 Content Change Tracking Client keeps record of changes made to existing website during Content Implementation.7/19/2021 8/13/2021 Content Implementation CivicEngage migrates content from existing website to production website and applies best practices.7/26/2021 8/6/2021 Content Implementation Setup CivicEngage prepares project for migration process.7/19/2021 7/23/2021 Quality Control - Content CivicEngage reviews completed work on production website.8/9/2021 8/13/2021 Final Content Report Creation CivicEngage creates Final Content Report.8/9/2021 8/13/2021 Quality Control - Production Website CivicEngage reviews completed production website.8/16/2021 8/20/2021 OPTIMIZE DESCRIPTION NOTES START DATE DUE DATE Website Reveal Meeting CivicEngage meets with client to present completed website.8/23/2021 8/27/2021 DNS Configuration CivicEngage prepares domain name transfer or setup according to submitted DNS Form. https://cp- salesbase5.civicplus.com/FormCenter/1-CivicPlus- Project-Forms-23/DNS-Form-180 8/23/2021 9/3/2021 Website Finalization Client evaluates completed website and confirms expectations met in accordance with contract.8/30/2021 9/3/2021 Website Corrections If needed, CivicEngage team fulfills requests to fix errors.9/6/2021 9/10/2021 EDUCATE DESCRIPTION NOTES START DATE DUE DATE Training Engagement Coordination Trainer connects with client to discuss training schedule, logistics and technology requirements for engagement. 7/19/2021 7/30/2021 Training Engagement Trainer delivers product training.Virtual 2 days 9/13/2021 9/17/2021 Training Engagement Onsite User Testing 2 days 9/20/2021 9/24/2021 LAUNCH DESCRIPTION NOTES START DATE DUE DATE Website Launch Confirmation Meeting CivicEngage meets with client to review launch process.9/27/2021 10/1/2021 4/30/2021 Golden Valley MN | CivicEngage Central Premium Expedited SAMPLE | CivicPlus, LLC Project Timeline 3/3 Website Launch Preparation Client completes final updates for Website Launch.10/4/2021 10/8/2021 Website Acceptance Client submits Website Acceptance Form. http://civicplusdemo.com/websiteapproval 10/11/2021 10/15/2021 Website Launch New website is scheduled to be made available to public with live domain name.10/18/2021 10/22/2021 Project Close Procedures CivicEngage completes administrative tasks to transition project from implementation to client care.10/25/2021 10/29/2021 CIVICPLUS RFQ RESPONSE AND WEBSITE PROPOSAL PAGE 100 REQUEST FOR QUOTES | CITY WEBSITE REDESIGN Contact: Hector Ortega, CivicEngage Account Executive P: 785.370.7811 | E: hector.ortega@civicplus.com Golden Valley, Minnesota DATE OF PROPOSAL: APRIL 9, 2021 302 South 4th Street | Manhattan, KS 66502 | 888.228.2233 | civicplus.com civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888.228.2233 April 9, 2021 Cheryl Weiler, Communications Director City of Golden Valley, MN submitted via email: cweiler@goldenvalleymn.gov RE: Request for Quotes | City Website Redesign Dear Ms. Weiler and the Golden Valley Selection Committee: Meeting the need of society’s expectation of instant access to news and communication can be a challenge when you don’t have the tools and resources to get the job done right. As your partner, that’s where CivicPlus, LLC (CivicPlus) can help. We are passionate about our mission to help make local government better. With the CivicEngage content management system (CMS) Golden Valley won’t simply be getting a website – you’ll also obtain the tools to build a trusted and long-term relationship between you and your citizens. By partnering with CivicPlus, you’ll receive: • Responsive design that is available to your citizens from anywhere on any device • Site navigation structure optimized for easy maintenance by administrators and intuitive use by visitors • Comprehensive suite of modules and tools tailored to the functionality you need most • Guaranteed redesign after four years of service to keep your website fresh and innovative • Hands-on migration of existing content by our team of experts • 24/7/365 support with secure hosting and maintenance Your new site will be developed on the most robust and flexible CMS available. CivicEngage is an easy-to-use suite of cloud-based tools built specifically for local government. You’ll be able to inform and empower your citizens and staff in more efficient ways. I welcome the opportunity to discuss our proposed solution for Golden Valley and answer any questions you may have about partnering with CivicPlus and the CivicEngage CMS. Sincerely, HECTOR ORTEGA CivicEngage Account Executive hector.ortega@civicplus.com 785.370.7811 Table of Contents 1 Company Background & Qualifications 2 Appendix 1 7 CivicPlus, LLC Background 9 Project Executive Summary 10 Design Examples 11 CivicEngage CMS Features & Functionality 11 Section B - Required Elements & Deliverables 19 Implementation 24 Ongoing Services, Hosting, & Security 25 Proposed Fee Statement 31 References PAGE 1 REQUEST FOR QUOTES | CITY WEBSITE REDESIGN Company Background & Qualifications PAGE 2 COMPANY BACKGROUND & QUALIFICATIONS Appendix 1 1. Describe your company’s mission, vision, and values and how they align with the mission, vision, and values of the City of Golden Valley (www. goldenvalleymn.gov/about/pyramid-of-success/ pyramid-of-success.php). Just as Golden Valley strives to connect people and places, CivicPlus strives to connect communities and governments. CivicPlus’ over 20 years of experience working with municipal organizations helps local governments streamline their daily work and better inform and communicate with their communities. CivicPlus’ mission has been, and will always be, to help local governments work better, work smarter, and engage their communities and is exemplified in our vision statement: Ensure citizens and government staff can accomplish anything they need online by 2024. CivicPlus continues its commitment to provide exceptional customer service and innovative solutions that help bring the best user experience to our clients. Our operating philosophy is based on our core values that support our vision, shape our culture, and reflect what the company values. They are the essence of the company’s identity – the principles, beliefs, or philosophy of values. • Purpose Driven - Making an impact and doing something meaningful • Ambitious - Driven to succeed • Trustworthy - Honest, ethical, and actively pursuing truth • Team Player - Working well with others and relating to them • Innovative - Continuously search for better solution 2. Describe your experience developing websites for government entities or public agencies? Please include URL examples. CivicPlus has over 20 years of experience working with municipal organizations across the US and Canada. We strive to help local government streamline their daily work and better inform and connect their communities. With such experience, we are confident that we can provide the best solution for Golden Valley. The CivicEngage CMS will more than satisfy Golden Valley’s needs for an easy-to-use content management system that will empower your staff to be able to update the website as needed as well as provide a convenient resource for your audience. With over 4,000 clients, we have included just a few examples below of current client sites that can provide you with an idea of the different directions we can approach the architecture and design of your new website. • Indian Trail, North Carolina indiantrail.org • Andover, Minnesota andovermn.gov • Columbia, Illinois columbiaillinois.com • Bluffdale, Utah bluffdale.com • Bay City, Texas cityofbaycity.org • Radford, Virginia radfordva.gov 3. Describe how you would balance the required functionality of municipal website with the addition of including a marketing focus. Each of our clients have unique needs, goals, and visions and we deliver customized, personalized websites each time. As part of our process, our implementation team works closely with you to determine the goals of your vision and intended key use of the new P.A.T.T.I.Chief Morale OfficerCivicPlus PAGE 3 website. We will have a dedicated pre-design meeting to listen to your desires and assess your needs so we can provide a unique concept that represents your distinct image, message, marketing needs, and branding. Your CivicPlus Art Director will collaborate with you to develop a website that best visually represents your community while taking advantage of the CivicEngage functionality to meet your technical needs. 4. Describe your work with websites designed to be search-first and mobile-friendly. Search-First Search Engine Optimization (SEO) is a vital element in developing a successful website. In today’s world, it must be viewed as ongoing, a way of life rather than a one-time deal. The days of just including “keywords” has passed. Through the CivicEngage CMS and the talented professionals helping you craft your message online, we will include not only optimal keywords, but clear, direct, and descriptive content that search engines such as Google and Firefox now employ to rank their search results. Relevant descriptors and keywords are used as part of the setup of each new page in our process – making your site easier to find and keeping it top-of- mind for your visitors. During the content migration and training phases of your implementation, we will work with you to determine the best practices of including searchable terms and descriptors and train your staff on best practices to do the same for future pages. As part of your project, we will submit all this information for you to multiple search engines so your site will be ready to be searched and found as it goes live. Mobile-Friendly CivicPlus will use a mobile-first design approach to ensure your website is fully responsive, using design that is optimized for any device, screen size, and orientation. We also implement a mobile-friendly menu configuration for easy page navigation. A responsive design also provides centralized website maintenance, eliminating the need to update both a desktop and mobile version of your website. 5. How would your design meet the demands of a service-based government website? Please explain new and innovative approaches you would suggest for organizing current and future content services and information for the site. With over 20 years of experience working with local governments, CivicPlus has honed its implementation process to maximize service-based websites. CivicPlus designers use time-tested best practices to create distinct, visually appealing, and scalable designs, focusing on user-centric experiences. This innovative approach is aimed at jump-starting civic pride while solving the old stigma that government websites are “hard to use and boring.” Golden Valley will receive an innovative, citizen-focused, interactive communication system. To assist with current and future optimal content placement and structure, CivicPlus’ navigation and content development processes are laid out involving these key factors: • Current usability methods and WCAG compliance (usability.gov is one of our main references). • Research on analytics and Tapestri to determine which pages should be prominent based on the demographics of the municipality. • Best Practices – alphabetization and “buckets” to put like information together under searchable headings. • Global navigation items based on customer preference and user accessibility (Services, Residents, How Do I…etc.). The design and layout for your website is determined by you and the designer. The placement of navigation and dynamic areas are important in guiding site visitors to key information quickly and easily. Our consultants make recommendations based upon website-user studies and research on best practices. We have also included a PAGE 4 redesign of your website after four years of service so we can help your website evolve as Golden Valley’s goals evolve. We have included with your project our Recommended Navigation (RecNav) service to assist the City in creating a logical and sustainable navigation structure. A proposed sitemap created by a Lead Content Developer, will consist of the first three tiers of navigation. The RecNav is created using site analytics, CivicPlus Best Practices, and past CivicPlus experience. The purpose of the RecNav is to assist the CIty with task completion and to clean up the site structure. CivicEngage CMS if built with the forward-thinking capabilities including dynamic site map and breadcrumbs functionality. Dynamic breadcrumbs show a visitor’s location within the site and are automatically generated by our system. The dynamically generated site map functionality automatically updates to reflect your new navigation if changes are made. The use of the CivicEngage mega menu structure also provides quick and easy 1-click access to the most frequently used pages on your site. 6. Please describe your company’s process for conducting community engagement as described in Section II. Part D and how you use the information. We approach our development for our clients to ensure their websites are as important to their community as they are to us. Usability plays a role in each stage of our design process. To identify a website’s most important usability concerns, user testing is the most useful. We have included User Testing sessions with your project so you can launch your new website with confidence that your audience can find the content they seek. User testing will verify that the website is easy to navigate and provides residents with the information they need before you launch. During our User Testing sessions, we will work with your staff and end-users to complete online tasks and gauge the ease in finding information on the new website. After completion, you will have improved the usability of your website’s page structure, site map, and menu navigation based on specific user feedback. The objectives and deliverables of your CivicPlus User Testing will include: • Evaluating efficacy of your website design and informational architecture from a user perspective • Facilitating testing using sample scenarios chosen by your organization • Adjusting needed components based on user feedback prior to website launch • Verifying website users will be able to find the information they want at launch 7. Please explain the process your company will use to provide design mockups and to arrive at a final design. CivicPlus will have one-on-one meetings with Golden Valley throughout the project with open communication and multiple points of approval built into the process. Your Art Director is the creative voice, and will work with you to clarify your vision into a cohesive look and layout. Projects are broken into multiple phases, the first primarily consisting of information gathering. From this point, we put together the building blocks for the website, including proposed navigation, design mood board, and grayscale layout. The next phase involves collaboration with you to perfect the presented elements before combining them to create the prototype of the website. Once design files are agreed on, we again collaborate with you to finalize the website design. Based on the results and goals outlined, your project team will collaborate and present one color palette and the most effective layout for your website, ensuring a responsive structure that’s optimized to display in any PAGE 5 format – now and in the future. You will receive unlimited revisions to the color palette and responsive layout, but more than three revisions could result in delays to your timeline. Style guidelines are set within the design and layout of your website. Our online Help Center also provides guides for updating, maintaining, and administering sites. 8. Please list the project team that would work on the website design or programming and include their experience, education, certifications, diversity of work, or other relevant information. Each CivicPlus client is provided with a dedicated project team that are highly qualified in their field, professionally trained, and perform at a high standard. This ensures each client has a smooth and productive implementation process that results in a website that meets their specific needs. Based on our years of experience administering projects, it has become our policy to assign individual team members at the project start. This way we can be sure they will be available to begin your project immediately and work directly with you throughout the entire process. As such, we do not provide names or resumes of team members during the RFP process. The City will be assigned a dedicated Project Manager and appropriate project team, who will guide you through scheduled meetings and tasks with the aid of our project management system. Our project management system will hold the City’s detailed project schedule, task list, and communication. Most project contact will be via remote methods, including video conferencing, phone calls, and email. Rest assured that your project team, once assigned, will deliver the attention and effort you need and deserve to create a website that achieves your vision of success. 9. If the City selects your company to develop the website, what percent of the development work will be done by your internal staff and what percent through contract programmers and designers? Your website will be designed, developed, implemented, and hosted by CivicPlus trained professionals. No aspect of the development or implementation of your project will be outsourced or subcontracted. 10. What is your process for handling routine maintenance, upgrades, website problems, downtime, etc? Maintenance Our typical maintenance window is from 10 p.m. CST Saturday nights to 6 a.m. CST Sunday mornings. Any maintenance on servers are regularly scheduled to occur during this time unless an out-of-band maintenance is warranted. All critical updates are applied after testing unless they are a very high security risk in which they will be applied out of band. All others are evaluated and installed if needed. Upgrades The CivicPlus Development Team develops software using the Agile development methodology. We currently work in 2-week sprints with several teams addressing new functionality and services and additional teams and select members dedicated to software fixes and minor enhancements. Prior to any software update or rollout, all code changes go through an internal testing process which includes an alpha testing phase, a beta PAGE 6 testing phase, and a final Release Candidate testing phase. Separate internal servers, isolated from our client hosts, are used for these various stages of testing. A separate and isolated testing environment that mirrors our production servers is maintained for internal testing of not only our own codebase, but any updates to the host operating system as well. All updates are logged and tested prior to rollout to ensure compatibility with our CMS. Downtime, Website Problems Because CivicPlus guarantees a 99.9% uptime in our Service Level Agreement, there is rarely downtime for our client sites. In the event of a website problem specific to Golden Valley, the CivicPlus Technical Support Team is your first contact to assess the situation. If the team is unable to solve a concern, the issue is reported to the appropriate CivicPlus Product Development Team. All technical concerns or defects with associated application errors are reported to CivicPlus’ Technical Support Team through CivicPlus’ issue tracking and ticket management system to be addressed in a priority order to be determined by CivicPlus’ Support Team. All other requests that do not meet these criteria will be forwarded to appropriate personnel within CivicPlus’ organization at the discretion of the Technical Support Team. 11. What are the characteristics of an outstanding website? Today’s most successful local governments need to foster collaboration and communication channels not just among their community, but among the systems and software that power their administrations. Innovative and forward-thinking design combined with easy maintenance, intuitive navigation, and mobile responsiveness are the cornerstones of an outstanding service-based government website. CivicPlus delivers all the elements of outstanding service-based websites because our focus has been, and will always be, to help local governments work better. PAGE 7 COMPANY BACKGROUND & QUALIFICATIONS At CivicPlus, we have one goal: to empower the public sector to accomplish impactful initiatives using innovative solutions that save them time while connecting them to the citizens they serve. We began in 1998 when our founder, Ward Morgan, decided to focus on helping local governments work better and engage their citizens through their web environment. CivicPlus continues to implement new technologies and services to maintain the highest standards of excellence and efficiency for our clients, including solutions for website design & content management, recreation management, mass communications, agenda & meeting management, employee management, 311 & citizen requests, and digital optimization. Our commitment to deliver the right solutions in design and development, end-user satisfaction, and secure hosting has been instrumental in making us a world leader in government web technology. We consider it a privilege to partner with our clients and provide them with solutions that will serve their needs today and well into the future. CivicPlus, LLC Background Contact Information Hector Ortega CivicEngage Account Executive E: hector.ortega@civicplus.com P: 785.370.7811 CivicPlus, LLC Primary Office 302 S. 4th Street, Suite 500, Manhattan, KS 66502 Toll Free: 888.228.2233 | Fax: 785.587.8951 civicplus.com years of experience with a focus to help local governments 20 + employees, many with experience in local government 350 + local government clients across the United States and Canada 4,000 + 10-time Inc. 5000 Honoree govtech.com/100 Recognition Recognized with multiple, global Stevie® Awards for sales and customer service excellence Technical Support PAGE 8 CivicRec® is the most powerful software solution available in the recreation industry. With an interface that is easy to use for both staff and citizens, and robust tools for managing activities, facilities, and point-of-sale, CivicRec offers integrated functionality to manage memberships, instructors, sports leagues, volunteers, and ticketing. CivicClerk® is the fastest, most intuitive way to streamline the entire agenda management process— from creating agenda items to managing live meetings and creating post-meeting follow-up tasks. It provides time-saving automation, while allowing clerks to balance such convenience with manual controls and overrides. Internal collaboration with CivicClerk is easy with customized workflows, version tracking, and built-in communication tools. SeeClickFix powered by CivicPlus is your guaranteed solution to handle the communications, workflows, and data for every request from the moment they’re opened to the moment they’re closed. With SeeClickFix, you can handle request management, work management, and integrate your systems to streamline your processes and better serve your community. CivicHR® is a cloud-based human resource software solution specifically for local government. Our cloud-based software integrates and organizes data, automates job postings, collects applications, simplifies employee onboarding, and manages performance. CivicReady® is a multi-channel communication solution that allows you to communicate routine or emergency news to citizens within seconds with actionable information using a single interface, saving you time and amplifying your reach. CivicOptimize Productivity allows you to easily create efficiency-centric applications, including a scalable software suite of deployment-ready apps, forms, integrated systems, and the ability to integrate your favorite CivicPlus solutions. Additional Products Offered by CivicPlus PAGE 9 COMPANY BACKGROUND & QUALIFICATIONS Project Executive Summary Content Management System • Streamline your processes and add self-service options to reduce calls and walk-ins with our easy-to-use content management system specifically designed for local government. • Provide access to your website from any device, screen size, and orientation with CivicEngage’s responsive and optimized design. • Ensure your citizens can access information with a website that is highly compliant with the accessibility standards outlined within Section 508 and WCAG Level A & AA at go live. Implementation • Rely on a dedicated team of industry experts as they guide you through implementation. • Lean on your Consultant as they evaluate your specific needs and make recommendations for solutions to meet your goals. • Collaborate with your Art Director to develop a design that captures your unique community and takes advantage of CivicEngage’s tools. • Enhance your content for usability and accessibility with intuitive navigation as our Content Development Team performs a hands-on migration of content, documents, and images to your new website. • Participate in personalized education led by a CivicPlus Trainer so you can confidently update your website long after launch. Hosting, Security, & Support • Maintain peace of mind with an enterprise-level hosting environment monitored 24/7/365 and backed by a guaranteed 99.9% uptime (excluding maintenance). • Access your website from nearly any device with an internet connection with our cloud-based solution. • Reach out to our award-winning, in-house support available via chat, phone, and email with your questions or access self-service tutorials and user guides on the CivicPlus Help Center 24/7/365. • Receive continuous system updates to keep your system running at the optimal capacity. • Partner with your Client Success Manager who will help you use the tools and products CivicPlus offers to create an ongoing strategy to better engage your citizens. PAGE 10 COMPANY BACKGROUND & QUALIFICATIONS Design Examples The included design portfolio will provide you with an idea of the different directions we can take your creative design. Please note that not all parties listed have agreed to be contacted for reference. Jamestown BPU, New York jamestownbpu.com Port Angeles, Washington cityofpa.us Malta, New York malta-town.org Bloom Township, Illinois bloomtownship.org Sidney, Ohio sidneyoh.com Auburn, Massachusetts auburnguide.com PAGE 11 COMPANY BACKGROUND & QUALIFICATIONS The CivicEngage CMS is robust and flexible with all the features and functionality you need today and in the future. Developed for organizations that need to update their site frequently, CivicPlus provides a powerful government content management structure and website menu management system. The easy-to-use system allows non-technical employees to efficiently update any portion of your website. Each website begins with a unique design developed to meet your specific communication and marketing goals, while showcasing the individuality of your community. Features and capabilities are added and customized as necessary, and all content is organized in accordance with web usability standards. Section B - Required Elements & Deliverables CivicPlus’ CivicEngage CMS can deliver all of the required elements listed in Section B and Subsections 2 & 3 of the Scope of Work in your current RFP. Below are details on the modules and functionality that can address your identified required needs. We have also outlined the additional features and functionality standard with CivicEngage and system enhancements included with your project following the Required Elements details. Detailed information on our Hosting and Maintenance services (Section B, Subsection 1) is included on page 24. Our Design Style information (Section B, Subsection 4) is provided on page 22 in our Implementation discussion. Additional Features information is included on Appendix 2. Current Browsers Websites built by CivicPlus are viewable in all common browsers. They are optimized for administrative use with Windows 2000+ and supported in the two most recent versions of any major browser including: Internet Explorer, Firefox, Safari, and Chrome. Task-focused User Management You can assign staff members to groups with different levels of permissions of access and authority throughout the CMS. There are several permission levels for users to control user tasks. Each permission level adds additional actions that can be performed on associated content. Creating Custom URLs Instead of sending your users to http://civicplus.com/248/ Awards-and-Recognition, you can send them to http:// civicplus.com/awards. You can also generate a unique URL for each landing page. Search Engine CivicEngage is built with a powerful, predictive site search for all pages, documents, and images, so your citizens will be able to find what they need quickly and easily. Additional information on our search optimization functionality is included with #4 in Appendix 1. CivicEngage CMS Features & Functionality “I’m confident that any service our citizens need can now be found in one to two clicks.” — Lana Beck, Government Relations and Communications Administrator for Pinellas Park, Florida PAGE 12 Google Analytics Google Analytics can be implemented as the analytics tool for the City. Integration with GIS Mapping Maps can easily be embedded or linked from Google, ESRI, GIS, and more using the CivicEngage HTML widget. Alert Messages The CivicEngage Alert Center allows you to post emergency or important information on your website to notify citizens via email and SMS. It provides an efficient and noticeable way to get important news out to your community. With one click, graphics and information can be activated on your website from a variety of layouts that best fit the importance of the alert with public notifications. Image and Video Management CivicEngage supports over 400 different file types for upload, including, but not limited to, common types of plain text, web-related, images, audio, video, print documents, Microsoft Office, Google, ESRI, e-books, calendars, security, and more. The Photo Gallery module allows you to store and display photographs in a central location to showcase what your community has to offer and to attract new citizens and visitors to your area. You can also embed videos or other HTML features in your site with our built-in functionality. Calendar You can create multiple calendars types to fit all of your needs. The Calendar Module allows administrators to set up items to help keep your community informed about upcoming events and meetings. The calendar supports multiple views, including a monthly view that displays all the events in a month. Events can be set on a one-time basis or as recurring events for multiple months in advance, with short descriptions and hyperlinks to display the event details. Agenda & Minutes Feature The CivicPlus Agenda Center is an all-inclusive agenda creation module. No longer will you have to build your agendas in a word-processing program, print it out, pass it around the office for approval, export the final version to a PDF, and then upload it to the website. Agenda Center allows for the creation and management of the entire agenda process using a robust and easy-to-use work flow, from submitting preliminary items at the departmental level, to the publishing of the agenda live to the public – one smooth and seamless process. Agenda Center not only offers a one-stop-shop for agenda creation, but upon publish of the approved agenda, a template for the minutes of that meeting can also be generated. Social Media Integration CivicPlus understands the importance of how social networking sites like Facebook and Twitter help governments connect with their residents in unique and innovative ways. From community-centric pages on Facebook to real-time Twitter feeds that can deliver emergency alerts, we are dedicated to helping our clients integrate their web content into the most dynamic social media sites and make their marks in the world of Gov 2.0. Other social networking sites (such as LinkedIn, YouTube, Pinterest, etc.) can be featured on your website as links to your organization’s profile on those particular websites. CivicEngage can also incorporate available, compatible social media feeds and widgets into the design of your new website to create a social media hub. PAGE 13 Translation Integration with Google Translate instantly translates web pages between English and over 100 other languages. WordPress Blog Integration CivicEngage provides a built-in Blog functionality that the City can utilize if desired. With this module, you can post opinions/information about various community topics and allow citizen comments and subscriptions. We understand that the City is currently utilizing WordPress for your blogging. Should the City wish to continue this practice, most WordPress blogs have an RSS feed that CivicPlus can pull onto any webpage with our RSS or the Custom HTML widgets. In addition, your archived blogs can be uploaded into our Document Center if they are in .pdf format with optical character recognition, which then can then be searched. We will need to discuss the current process in more detail to determine the best approach for the City. Additional CivicEngage Modules & Widgets Engagement CivicEngage offers several effective and easy-to-use citizen engagement features. These tools easily integrate with the other key CivicEngage features. • Citizen Request Tracker (CRT) – Allow users to report a problem and provide follow-up communication with the point of contact (includes 5 user licenses & 10 request types). • Community Voice – Interact with citizens about projects in your community. • My Dashboard – Allow users to personalize their dashboard to stay updated on news, events, and information they care about. • News Flash – Post organizational news items that are important to your citizens. • Notify Me® – Send out SMS messages and mass emails to list subscribers (includes up to 500 SMS users). Document Management CivicEngage comes fully-equipped with a robust set of document management tools that work with other key features of our CMS and making it easy to build dynamic content that is easy for citizens to navigate and access. • Archive Center – Store agendas, minutes, newsletters, and other data-driven documents. • Document Center – Organize and house documents in one central location. • Form Center – Create custom, online forms via simple drag-and-drop functionality. Receive notifications via email and track within the CMS. • Staff Directory – Share detailed contact information for your staff and offices. Information & Navigation Organize your content and pages to make it easy to locate the information you and your citizens need most with modules that help you update information quickly. • Frequently Asked Questions (FAQs) – Answer the most frequently asked questions to reduce phone and foot traffic for staff. • Graphic Links – Place graphics on your site as links to other pages. • Info Advanced – Display important information on pages in a compact and easy-to-update module that provides detailed formatting. PAGE 14 Department-Specific There are several function-specific features and modules for government departments. These tools are integrated into the CivicEngage CMS and offer the ability to complete multiple steps in one action. • Activities – Create, organize, and track activities. • Facilities & Reservations – Showcase community facilities and allow reservations online. • Job Postings – Post available jobs online and accept online applications. • Bids – Post sortable and subscribable bids. Helpful Widgets Widgets help your staff visually organize content on your site and tailor the look to meet the page’s needs. A few of the most helpful widgets are: • Carousel Widget – Group and display widgets in one location with arrow navigation functionality. • Editor Widget – Edit text with word processing tools, plus web tools like code view and the Accessibility Checker. • Image Widget – Add images to a page. • Related Documents Widget – Create a dynamic list of documents referenced in the Document Center. • Slideshow Widget – Add a slideshow of images. “It’s extremely easy for nontechnical users to use, giving them confidence early on. The modules are well- thought-out for use by a government entity. That’s extremely helpful – you wouldn’t get that with an off-the- shelf, generic CMS.” — Angie Kilbourne, Web Content Specialist for Irving, Texas PAGE 15 Administrative Features The administration of your CivicEngage site is browser based, with no installation of software needed. You’ll be able to update the site from an internet connection on any platform (Mac or PC). Administrators can control the access to pages and manipulation of content as well as use automated features to streamline processes. • Admin Dashboard – A home base for messages and quick access to your recent activities and time- sensitive action items such as pending approvals and expiring items. • Content Scheduling & Versioning – Set your content to auto-publish and auto-expire, with an archive of all published content and previous versions. • Dynamic Breadcrumbs & Site Map – Breadcrumbs (used to show a visitor’s location within the site) and the site map are dynamically generated and automatically update reflecting any changes made. • Dynamic Page Components – Modules such as Calendar, FAQs, and News Flash, may be included as dynamic page components on any page. • History Log – Track changes made to your website. • Intranet – Use permissions to set a secure location on your website that allows employees to login and access non-public resources and information. • Pending Approval Items – Admins have access to a queue of pending items to be published or reviewed. • Website Statistics – Piwik or Google Analytics provides web statistics for analysis. User-Friendly Features Not only is the CivicEngage CMS easy for your staff to use, various administrative features help your staff make a more attractive, engaging, and intuitive for your citizens. • Automatic Alt Tags – Built-in features allow ongoing ADA compliance of your site. • Design Essentials® – Tools that allow your staff to build, modify, and manage your website’s look within the design and structure parameters of your website. • Live Edit – See where your information will be posted on a page before you make any changes with our WYSIWYG editor and drag-and-drop tools. • Mega Menu – A main navigation menu makes it easy to get to any page on your site quickly. • Predictive Site Search & Log – A powerful site search automatically indexes all content making it easy for visitors to find information across pages, documents, and images. All search words are kept in a log. • Printer Friendly – Separates critical content from the site template to provide a clean print without menu structure and banner information included. • Real Simple Syndication (RSS) Feeds – Allow patrons to sign up to receive email notifications. • Third-Party Access – Utilize iframes, embeds, and/ or links to most of your third-party services. Or use our growing list of APIs as well as options from Zapier to build applications right from your website. PAGE 16 Credit Card Processing CivicPlus Pay (“Pay”) is our secure, PCI-compliant, utility application integrated within the CivicPlus Platform. Local governments can use Pay within the CivicEngage, CivicRec®, and CivicOptimize® solutions to enable seamless payment capabilities. Pay acts as the connector to facilitate a transaction between the CivicPlus solution and the selected payment gateway. Pay offers integrations with several common payment gateways to provide flexible payment solutions. CivicPlus has partnered with several integrated gateways to enhance the client experience through a streamlined relationship between the CivicPlus solution and the gateway that processes the payments. If a partner payment gateway is utilized by Golden Valley, CivicPlus can assist with the facilitation, set-up, support, and troubleshooting services. Pay can also integrate with many other supported gateway providers in addition to our partner network, on a more limited fashion, to assist you in developing a successful system. Contact your sales representative for more details on our approved partner network and other supported gateway providers. To utilize any of the approved gateways, an agreement will need to be executed directly between Golden Valley and the vendor, who will assess separate merchant account and transaction fees. Additional information can be provided upon request. Because EMV and Card-Swipe devices are encrypted specifically for individual payment gateways, you’ll need to leverage any required devices directly from your selected gateway provider for either purchase or rent. We are happy to assist in your procurement of such devices. Functionality Disclosure As CivicPlus continues to evolve and improve our solution to support our clients’ needs and goals, we reserve the right to upgrade, replace, modify, or terminate any of the features and functionality elements listed, at our sole discretion, and when feasible, providing reasonable notice to our clients of any changes. These features and functionality are offered on a gratuitous basis to our clients, with no monetary value per feature, and should any changes be enacted, will not affect any terms in a signed agreement with CivicPlus. ADA Section 508 Compliance We provide highly compliant sites based on WCAG 2.0 A and AA guidelines, which encompass and surpass ADA accessibility requirements. This maximizes accessibility for all users while providing freedom to create a visually rich and appealing site. Our approach for each website includes the following steps to provide you a compliant and accessible website: • We will deliver you a site that meet ADA (Section 508) and WCAG 2.0 A and AA levels. • Your staff can use the Accessibility Checker within the CMS to scan content in the editor widget, News Flash, and FAQs for any accessibility issues so you can correct them before publishing. • Our trainers will teach your staff best practices to keep your content and design elements accessible and up- to-date with the latest ADA/WCAG standards. • Any new regulations that require code changes are done automatically, at least quarterly, with no additional effort required from you. • In addition to updating the code, our product team also updates our best practices and provides regular updates to clients via our CivicPlus website, blog articles, webinars, and other publications. AudioEye Partnership CivicPlus also partners with AudioEye to provide a suite of accessibility tools and services at a discounted rate to our clients. Additional details and a quote can be provided upon request. PAGE 17 System Enhancement - Included with Project Our Chatbot crawls your website and other linked databases to create a continually, automatically updated, AI-powered knowledgebase that you don’t have to maintain separately. The result is less time spent on common transactional citizen inquiries and happier citizens who know they can quickly and effortlessly receive what they need from their municipality. CivicPlus Chatbot Powered by Frase AI-Powered Customer Service to Delight Your Citizens You want to give your citizens the highest quality, most responsive, and personalized customer service experiences. However, with less staff and fewer resources than ever before and building pressure to enable contactless government, how can you continue to delight your citizens? With smart customer service automation. CivicPlus Chatbot is designed to convincingly simulate the way a human would behave during a customer service interaction. Our advanced technology combines the power of site search and artificial intelligence (AI) to deliver exceptional customer experiences to citizens using your CivicEngage website. Automated Citizen Service Chatbot simulates the quality service experiences your staff has with citizens, saving you time from answering common questions by email, phone, and walk-in. Answers from Multiple Sources Chatbot crawls your CivicEngage® website and other linked databases to create a continually updated, AI-powered knowledgebase. No Manual Content Management You’ll never have to update your question-and- answer database manually. Our smart Chatbot scans your content and routinely refines its responses for improved results. Insightful Analytics Use Chatbot’s reports to identify content gaps on your website and add the information, tools, and resources that citizens are searching for most frequently. An Experience Designed for the Public Sector Unlike chatbots intended to facilitate retail sales, the CivicPlus Chatbot is designed to simulate government- citizen interactions. The CivicPlus Chatbot Provides: PAGE 18 The CivicPlus Platform CivicEngage is part of the CivicPlus Platform, the integrated technology platform for local government, which means local governments minimize the need to rely on various third-party providers for multiple technology solutions. • Single Sign-On (SSO) to all of your CivicPlus products supporting two-factor authentication and PCI Level password compatibility • Easily access all purchased CivicPlus products and integrated solutions from one dashboard and toolbar • Access to a continually growing and fully documented set of APIs in order to better connect your organization’s processes and applications • Centralized data store built on the HCMS with robust data automation and integration capabilities Integration Hub In today’s world, your website has become the new city hall. To effectively reach the public of today, it is imperative that you integrate your data and systems, streamline your operations, and consolidate your messaging channels. Integration Hub is a tool that can help you unify your disparate cloud-based solutions and your CivicPlus solutions, assemble powerful workflows, and setup complex automations – without the need for a developer. With Integration Hub’s easy-to-use drag-and-drop interface, non-technical users can build integrations for syncing content and data between CivicPlus products or with third parties (for an additional fee) without the need for a developer. You can even easily create integrations using manual import, polling, and webhooks (for an additional cost). The possibilities are endless with Integration Hub, but here are a few examples of integrations you can create with CivicEngage today: • An integration that will take a News Flash update in a specific category and immediately post it to the Alert Center. • An integration that will push a new Calendar Event to post directly in the News Flash module. The Integration Hub will reduce the amount of manual work your staff needs to do in the course of their daily work. This will save valuable time by automating your most time-consuming manual workflows. PAGE 19 COMPANY BACKGROUND & QUALIFICATIONS Design creation, content development, professional consulting, configuration for usability and accessibility, dedicated training − CivicPlus delivers all of this and more during the development of your new website. A typical project timeline ranges from 16 – 28 weeks. Golden Valley’s exact project timeline will be created based on detailed project scope, project enhancements purchased, availability for meeting coordination, action item return and completion, approval dates, and other factors. Your project timeline, tasks, due dates, and communication will be managed and available in real-time via Mavenlink project management software. Implementation Initiate TWO TO FOUR WEEKS • Project Kickoff Meeting • Planning & Scheduling Analyze FOUR TO SIX WEEKS • Client Deliverable Submission • Consulting Engagements • Design Discovery Meeting • Content Process Meeting Design & Configure SIX TO TEN WEEKS • Design Concept Development • Design Concept Meeting • Content Development • Recommended Navigation • Agendas & Minutes Migration • Website Completion Optimize ONE TO TWO WEEKS • Website Finalization Educate ONE TO TWO WEEKS • Training Engagement Launch TWO TO FOUR WEEKS • Website Launch 1 PROJECT START 2 3 4 5 6 GO LIVE PAGE 20 Communication & Management Communication between you and your CivicEngage team will be continuous throughout your project. Sharing input and feedback through email, virtual meetings, phone calls, and our project management software, Mavenlink, will keep all stakeholders involved and informed. Mavenlink offers task management transparency with a multi-level work breakdown structure, Gantt Chart-based project plan, and a focused communication channel. • Centralized project communication and task management tools are located in a cloud-based project workspace • Conversations are linked to files and tasks for easy reference • Tasks, deliverables, and milestones are aligned to your specific scope of work The tools available through Mavenlink combined with regular check-ins with your Project Manager provide you ample opportunities to quickly and efficiently review your project, check deliverables, and communicate feedback. Consulting Engagement Content Consulting Without usable and accessible information, you will simply have a pretty website that doesn’t help you serve your constituents. Great content transforms your website into a useful tool you can utilize to effectively communicate with your community and do business with your constituents. During your Content Consulting engagement, one of our expert web consultants will help you perfect your website content to meet current usability and accessibility standards. We can do the heavy lifting – protecting your valuable time and reducing the effort needed from your team to prepare your website for launch. With Content Consulting, we will work collaboratively with you to: • Establish and confirm goals for your new website • Map the approval process to be used during your website project • Explain the content migration process • Outline website architecture, global navigation, graphic buttons, and other navigational elements • Assess current content and create an action plan to address value-added content, content to remove, content gaps, best practices, and usability and accessibility Content Migration Recommended Navigation Recommended Navigation (RecNav) is a proposed sitemap, created by a Lead Content Developer, consisting of the first three tiers of navigation. RecNav is developed using site analytics, CivicPlus Best Practices, and past CivicPlus experience. Implementation “This was hands down the easiest and most intuitive group I have ever worked with for a website redesign. Other website development companies I have worked with do not respond as quickly. My CivicPlus team read my mind whenever I needed something. Plus, our website’s launch was flawless.” — Nicole Smestad, Marketing Director for Grand Forks, North Dakota Library PAGE 21 Content Development Our Content Development team will migrate the agreed upon number of pages of content (including text, documents, and images) from your current website to your new, CivicEngage website. Content will be enhanced for usability and accessibility, and we will organize your website pages to make them easy to navigate. Agendas & Minutes Migration The Content Development Team will download, upload, and organize an agreed upon number of meetings to the Agenda Center module. Training Our goal with your training plan is to give your staff the skills and tools they need to quickly and easily keep your website current. Your Trainer will deliver virtual training sessions for both administrators and users. These sessions will be customized to equip your staff with the knowledge and comfort level needed to prepare your website for launch and maintain it in the future. The training session will utilize your production website, so users are familiar with your specific configuration and you get real, hands-on learning opportunities. Testing A testing period (approximately one month) is provided between the completion of training and your site’s launch date. This will allow you to add, create, and make adjustments to content as well as ensure overall satisfaction with your website. CivicEngage is browser based, which means content changes will display and function the same way before and after launch. PAGE 22 Design Style Flexible Layout Design You will meet with your Art Director to discuss your website vision based on the goals and needs of your users. This process involves selecting the order, placement, and format of your homepage content from a library of over 1,200 vetted layout configurations aimed at achieving your usability goals. This layout wireframe will provide the structural blueprint for the visual design application. We will then collaborate with you to customize your design to represent your community using your logo, chosen colors, and imagery. We will focus on including the functionality to meet your website needs, including an option for up to one advanced design component– a layout or design element that requires significant time to style and implement. Working with your Art Director, you’ll identify the appropriate component to achieve or enhance the usability goals for your site. CivicPlus designers use time-tested best practices to create distinct, visually appealing designs and user- centric experiences to solve visual communication problems. Golden Valley will receive a citizen-focused, interactive communication system. CivicPlus designs are aimed at jump-starting civic pride while solving the old stigma that government websites are “hard to use and boring.” Our designers solve these visual communication problems and help build a citizen-focused, interactive communication system. We blaze the creative trail to come up with visual styles to help encourage interaction. Rather than only providing a “cool” website design, we provide a well organized system to intuitively deliver content for community engagement. Our creative approach to design strategy combines a working knowledge of creative and new media methods. We’re always looking for better and more creative ways to push design forward, using all of the established tools of our industry as a launching pad to propel our designs into the stratosphere. As the habits of users change, we seek new ways of encouraging citizen interaction and engagement within each of our client’s communities. Working with the City We will develop visual communication strategies working with your preliminary design and artwork if provided. During implementation and after your design concept and direction has been finalized with your Art Director, one overall design template featuring your branding and chosen aesthetics will be created incorporating both a homepage layout and an interior page layout. Page layout options are available within the Online Page Editor content creation functionality. Those layouts are separate from the overall design of the site, though they do reflect font sizes and styles associated with the various heading levels and content types. Unlimited pages can be created with the CivicEngage CMS. PAGE 23 Golden Valley’s Role We will need your help to create the strongest possible website for your community. We will need you to: Perform reviews and provide official approvals throughout the project Update the content on your current website and delete any pages you no longer need Track website updates to be completed during your training session Ensure you have the most up-to-date web browsers installed on your organization’s computers Compile a list of your website users and desired permission levels Reserve training location and necessary resources (computers, conference phone, etc.) Gather photos and logos that will be used in the overall branding and design of your new website Provide website statistics to be utilized in reorganizing your website content, navigation, and design (if available) Complete the Design Form to communicate design preferences Provide technical information in the DNS form for the set-up of your website domain name(s) PAGE 24 COMPANY BACKGROUND & QUALIFICATIONS Ongoing Services, Hosting, & Security Award-Winning Support Over the past three years, our Technical Support Team has been honored with multiple awards by the globally reknowned Stevie Awards for Sales and Customer Service for service excellence. The Stevie Awards are the world’s top honors for customer service, contact center, business development, and sales professionals. Maintenance • Regular review of site logs, error messages, servers, router activity, and the internet in general • Full backups performed daily • Regularly scheduled upgrades, fixes, enhancements, and OS patches Technical Support • Live support personnel based in the U.S. • Weekday business hours: 7 a.m. – 7 p.m. (CST) • Contact via phone, email, and live chat • 4-hour response during business hours • 24/7 emergency support • Self-Service Help Center for tutorials and user guides and ENGAGEXCHANGE for client connection • Assigned Client Success Manager to ensure your complete and ongoing satisfaction Hosting & Security • 24/7/365 system monitoring • Guaranteed 99.9% uptime (excluding maintenance) • Highly reliable data center with a fully redundant network • Software updates and security patches • Multiple, geographically diverse data centers • Disaster recovery with emergency, after-hours, live- agent support • Guaranteed Recovery Time Objective of 8 hours • Guaranteed Recovery Point Objective of 24 hours • DDoS Mitigation • DDoS Advanced Security Coverage at time of attack (additional fees) Password Security for City Staff CivicEngage websites are developed to be secure from both the administrative side and end-users. The system requires passwords that don’t match the four previously used passwords. CivicEngage password security protocols also include: • separate backend login • complexity requirements • password expires every 90 days • failed attempt lockout “It’s your people that make you good at what you do. Every time I call my Client Success Manager, it seems like he drops everything to help me. If I contact the Technical Support Team, they are right there to answer my questions and get it figured out. I’ve always had very responsive experiences when I’ve reached out to CivicPlus. I’ve worked with some great customer service reps at CivicPlus, and it’s that relationship that matters.” — Jean Carder, Communications Coordinator for Louisburg, Kansas PAGE 25 REQUEST FOR QUOTES | CITY WEBSITE REDESIGN Proposed Fee Statement PAGE 26 Request for Quotes: City Website Redesign 12 Appendix 2. Proposed Fee Statement Base Fee Base Fee includes all items listed in Section II (“Scope of Work”), with the exception of Section II, Part C (“Additional Features”). Vendor name Base fee amount Annual hosting fee Additional Features (Add-Ons) Provide the cost for items identified in Section II, Part C “Additional Features” (items are listed in order of priority). The individual pricing will help the City determine whether to add on to the scope of the project now or pursue some of the services a t a later date, depending on the City’s budget. If Vendor has a general fee schedule for other products or services, please attach it to the RFQ. If any items are already included in Vendor’s base website fee, please indicate. Service Amount integration of meeting agendas and minutes integration of created blog content secure online form management with payment capabilities advanced/refined search function with filters (include/exclude archived documents, PDFs, etc) that can also integrate City’s Laserfiche archive citizen request management event management and online registration image and video management system secure online payment for various programs or processes intranet private area for police, fire, and public works staff to set and view work schedules customer service interaction (chat, forms, etc) included with CivicEngage included with CivicEngage included with CivicEngage included with CivicEngage included with CivicEngage included with CivicEngage Contact Account Executive for pricing included via CivicPlus Chatbot Contact Account Executive for details Available via CivicPlus Pay with approved payment gateway included via CivicEngage Intranet CivicPlus, LLC Appendix 2. Our proposed project and pricing is valid for 60 days from April 9, 2021. Available with multiple storage options $38,393 one-time development & implementation fees $9,644 Year 1 annual fee; 5% technology uplift beginning Year 2 Additional discussion will be required to define specific needs Contact Account Executive for details PAGE 27 PROPOSED FEE STATEMENT Project Fee Details Features & Functionality • CivicEngage CMS tools, widgets, and features • One SSL certificate • DNS setup & hosting for URL goldenvalleymn.gov • 100 GB of storage • CivicPlus Chatbot Design & Content • One website layout built using available flexible layout options • One custom website design built using approved layout and up to one advanced design component • 250 pages Content Development from URL goldenvalleymn.gov • Up to 100 meetings worth of Agendas and Minutes PDF/DOC Migration • Four-year premium website redesign Professional Services • On-site User Testing (two rounds) Travel & Lodging included • Recommended Navigation • Two days virtual Content Consulting • Two days virtual training (limit eight attendees/ session) Annual Recurring Services • Hosting and Security • Software maintenance including service patches and system enhancements • 24/7 Technical support and access to the CivicPlus Help Center • Dedicated Client Success Manager Year 1 (one-time + annual) $48,037 Year 2 (annual recurring services) $10,126 PAGE 28 CivicPlus Project Pricing & Invoicing CivicPlus prices on a per-project, all-inclusive basis (stated in US dollars). This type of pricing structure eliminates surprise costs, the uncertainty of paying by the hour, and is overall more cost effective for our clients. It provides you with a price based on the products and features listed in this proposal that only varies if additional functionality, custom development, security, escrow requirements, or other design or project enhancements, outside of the included scope, are added prior to contract signing. CivicPlus Offers: Standard CivicEngage Invoicing • 30% of Year 1 fees due at contract signing – remaining 70% due at project completion or at the six-month mark in the implementation process – whichever date is earlier • The first-year Annual Services fee is included with your Year 1 cost • Subsequent annual invoicing occurs on the anniversary of the contract signing date, and is subject to a five percent technology fee uplift each year starting Year 2 of your contract. First uplift is shown in the Year 2 Annual Recurring Services fee Customized Billing/Invoicing • We can discuss other billing options with you before contract signing and, if feasible, develop a plan that works for all parties • Not available with all CivicPlus products – please contact your sales representatives for more details CivicPlus Advantage Invoicing • Zero-interest payments that divide the One-Time Implementation expense of your project over the first three years of your contract • Each payment will also include your Annual Services and any other fees if applicable • May not be available with all products offered by CivicPlus Payment Gateway Account • Your chosen Payment Gateway will collect and disburse all credit card monies • If selected, any of our partner Payment Gateway Vendors will conduct a rate analysis upon discovery to provide the most competitive percentage + fee per transaction rate • CivicPlus Pay integrates with several Payment Gateways to provide maximum flexibility to our clients’ needs CivicPlus wants our clients to succeed in delivering a viable, sustainable, and flexible technology solution to their communities. We will work with you before contract signing to determine which of our billing processes will meet both your needs for budget planning and our accounting processes. Right to Negotiate A successful project begins with a contract that meets the needs of both parties. This proposal (including all supporting, technical, or specification documents required for submittal with the current RFP) is intended as a non-binding document, and the contents hereof may be superseded by an agreement for services. Its purpose is to provide information on a proposed project we believe will meet your needs based on the information available. If awarded the project, CivicPlus reserves the right to negotiate the contractual terms, obligations, covenants, and insurance requirements as provided in the RFP before a final agreement is reached. We look forward to developing a mutually beneficial contract with Golden Valley. PAGE 29 PROPOSED FEE STATEMENT To be respectful of your budget, the following items have not been included in our proposed project, however, we believe they could be of considerable benefit to the City as you enhance your web technology. They can be included with your initial project or added at a later date. CivicEngage also offers multiple other enhancements that can be implemented as your online environment evolves. Please speak with your Account Executive, Hector Ortega, for more information regarding available enhancements and details on pricing options for Golden Valley. Optional Enhancements CivicSend CivicSend is a visually rich communication module for government, used to efficiently distribute general (non- emergency) communication to citizens. CivicSend is more than a simple email newsletter tool − it provides CivicPlus clients with a single point of access, via integration with CivicEngage, to multiple communication channels, including email, SMS/text, Facebook, and Twitter. CivicSend centralizes communication, saves administrative users time, and improves overall productivity. Additional benefits of the CivicSend module include: • Content auto-posts to your website • Unlimited communication – there is no limit to the number of emails you can send (text messaging rates do apply) • Template options to make customizing your message quick and easy • Access to all subscriber lists in your CivicEngage website, including the ability to select multiple lists PAGE 30 CivicPlus Media CivicPlus offers a robust mobile video experience as part of our media solution. Consumption of video is continuing to grow, and providing this option as part of your overall experience is a must-have to drive engagement for anything from board meetings to community events. Management of your videos is easy with dedicated storage space (separate from your website) and the ability to embed your videos within any page with the easy-to-use drag and drop tool. In addition, your citizens can: • Access videos anywhere and anytime • Watch high definition playback on most mobile devices • Engage with real-time videos • Live stream video with clear and crisp high definition viewing quality CivicPlus Media offers multiple storage options based on intended use and needs. Your Account Executive Hector Ortega can provide additional information and the pricing options available. Optional Enhancement PAGE 31 REQUEST FOR QUOTES | CITY WEBSITE REDESIGN References CONFIDENTIAL | PAGE 32 Request for Quotes: City Website Redesign 13 Appendix 3. References 1) Reference Company Address City, State, Zip Contact Name Title Phone Service(s) Purchased 2) Reference Company Address City, State, Zip Contact Name Title Phone Service(s) Purchased 3) Reference Company Address City, State, Zip Contact Name Title Phone Service(s) Purchased Appendix 3. MORRISON COUNTY, MINNESOTA Amy Middendorf IT Manager 320.632.2941 213-1st Avenue SE Little Falls, Minnesota 56345 contract signed - January 23, 2020 LITTLE CANADA, MINNESOTA Bryce Shearen Parks & Recreation/Community Services Manager 651.766.4045 515 Little Canada Road E Little Canada, Minnesota 55117 contract signed - July 19, 2017 EAST GRAND FORKS, MINNESOTA Megan Nelson City Clerk 218.773.2483 PO Box 373 East Grand Forks, Minnesota 56721 original contract signed - March 22, 2019 Golden Valley City Council Meeting May 18, 2021 Agenda Item 3. C. 4. Theodore Wirth Park Public Safety Memorandum of Understanding Prepared By Jason Sturgis, Police Chief Maria Cisneros, City Attorney Summary This Memorandum of Understanding (MOU) is between the Minneapolis Park Police Department and the City of Golden Valley to coordinate 911 calls to Theodore Wirth Park. Staff from the City of Golden Valley worked with staff from the Minneapolis Park Police Department on the attached MOU outlining a dispatch policy for calls for service into Theodore Wirth Park. The MOU also establishes addresses for areas of the park that did not have one prior to the MOU. These new agreed upon addresses include a separate address for the beach area. Staff also coordinated with the two agencies dispatch centers, Hennepin County Dispatch and Minneapolis Dispatch, to ensure they were part of the discussion and to have the new addresses updated. Financial Or Budget Considerations None Recommended Action Motion to approve the Theodore Wirth Park Public Safety Memorandum of Understanding with the Minneapolis Park Police Supporting Documents • Memorandum of Understanding with the Minneapolis Park Police (7 pages) Theodore Wirth Park Public Safety Memorandum of Understanding This Memorandum of Understanding (MOU) is between the Minneapolis Park Police Department and the City of Golden Valley to coordinate 911 calls to Theodore Wirth Park. RECITALS A. Whereas, Theodore Wirth Park (“Wirth Park”) is owned and operated by the Minneapolis Park & Recreation Board and is located within the municipal boundaries of both the cities of Minneapolis and Golden Valley. B. Whereas, the entirety of Wirth Park is the property of the Minneapolis Park and Recreation Board (“MPRB”), which is responsible for the management of the park lands and establishing ordinances governing those who use the park and parkways. C. Whereas, the boundaries of the park and the municipal boundaries of Golden Valley and Minneapolis are shown on the attached map (Attachment 1). D. Whereas, the Minneapolis Park & Recreation Board Police Department (“Minneapolis Park Police”) has police authority in Wirth Park based on: first, State Laws 440.37, 440.38, 440.40, 448.54, and 448.56; and second, the Charter of the city of Minneapolis Chapter 16, Section 14. E. Whereas, the Golden Valley Police Department (“GVPD”) has jurisdictional authority in that part of Wirth Park located within the Golden Valley city limits to the same extent it has on any property located in Golden Valley and GVPD has no more responsibility for serving that part of Wirth Park that lies outside of Golden Valley city limits than it does for any other non-Golden Valley property. F. Whereas, the parties previously drafted an agreement as a means of managing calls to 9-1-1 but circumstances have changed and aspects of that agreement have become obsolete or are in need of review. G. Whereas, Golden Valley residents have observed public safety issues regarding activities occurring along the shoreline of Twin Lake and within the boundaries Wirth Park. H. Whereas, in the interest of providing the highest levels of public safety and protection of park users, park neighbors, and the community at large, the parties believe it is appropriate to enter into this Agreement to establish a method of cooperating and collaborating toward the resolution of the public safety issues observed at Wirth Park. Now, therefore, the parties agree as follows: Theodore Wirth Park Public Safety Agreement Page 2 of 7 The parties shall collaborate to implement the following response plan, which may be modified by mutual agreement of the parties pursuant to paragraph 11 herein and in accordance with the requirements of the MOU. 1. 9-1-1 Dispatch Operations a. Response Address. To ensure accurate 911 emergency response, the Park Board shall post the following addresses at the following locations in Wirth Park: Location Address Twin Lakes Beach 1131 Theodore Wirth Parkway Chalet 1301 Theodore Wirth Parkway The Trailhead 1221 Theodore Wirth Parkway Wirth Beach 3300 Glenwood Ave Quaking Bog Kiosk 200 Theodore Wirth Parkway Wirth Park Kiosk 1115 Theodore Wirth Parkway Wirth Park Maintenance Building 1241 Theodore Wirth Parkway Wirth Beach Picnic Shelter 3275 Glenwood Avenue b. Dispatch Policy. All calls for police service in the Golden Valley portion of Wirth Park, other than landline calls, shall be dispatched according to the Police Dispatch Response Protocols set forth in the attached Table 1. Upon receipt of an any call for police service from any location in Wirth Park, Minneapolis PSAP and Hennepin County Sheriff’s Office PSAP shall determine which agency should respond to the call according to Table 1. It is the intent of the parties that situations where the personal safety of an individual is at immediate or imminent risk will result in a dual dispatch of both GVPD and Minneapolis Park Police to ensure the fastest possible response to the incident. In all cases where there are no Minneapolis Park Police on duty, including between the hours of 1:00 am and 7:00 am, or Minneapolis Park Police are unable to respond within a timely manner, Minneapolis PSAP and Hennepin County Sheriff’s Office PSAP shall dispatch Golden Valley Police. Theodore Wirth Park Public Safety Agreement Page 3 of 7 2. Law Enforcement a. Police Service Responsibility. GVPD and the Minneapolis Park Police shall respond to calls for service in the Golden Valley portion of Wirth Park according to the protocols set forth in Table 1. If necessary, GVPD or the Minneapolis Park Police can request the assistance of one of the other departments to help respond to a police incident occurring in Wirth Park. If for any reason, a police department cannot respond to a call to Wirth Park with enough resources as quickly as may be needed, one of the other departments should be notified and dispatched immediately. Both departments shall track all such requests. The Minneapolis Park Police is responsible for responding to all calls for police service occurring in Wirth Park that are located within the corporate limits of Minneapolis. b. Jurisdiction Determination. At an appropriate juncture following the initial response to an incident located in or near Wirth Park, the responding agency should determine if the incident is the primary responsibility of the Minneapolis Park Police or GVPD. If the responding agency determines that another agency should have been the primary agency, the report will be forwarded to that agency for follow-up or investigation. Exception: If a crime scene located on Wirth Park property is believed to be a continuation of a crime or related to another crime initially committed in either Golden Valley or in Minneapolis, the jurisdiction where the crime originated may, after consultation, control the Wirth Park investigation and complete the necessary reports. The investigating department shall share status and progress updates regarding the incident with the department with jurisdiction. c. Reporting/Information Management. Crime reports for incidents in Wirth Park and responded to by GVPD are the responsibility of Golden Valley. Golden Valley shall forward copies of these offense/incident reports or an appropriate summary to the Minneapolis Park Police. The Minneapolis Park Police shall provide similar information to GVPD regarding incidents that it responds to in the portions of Wirth Park located in Golden Valley. d. Patrol. Minneapolis Park Police will provide periodic patrol of Wirth Park during its regular patrol hours. GVPD will also patrol the park as part of its regular operations. e. Ordinance Enforcement. Minneapolis Park Police Officers and GVPD Officers have police power authority in the portion of Wirth Park located in Golden Valley, including the authority to enforce ordinances adopted by the City of Golden Valley or the Minneapolis Park and Recreation Board. Theodore Wirth Park Public Safety Agreement Page 4 of 7 3. Emergency Medical Service GVPD will provide First Responder emergency medical service to the portion of Wirth Park located in Golden Valley. North Memorial Ambulance is the primary provider of ambulance service for all of Wirth Park. 4. Fire/Rescue/Hazardous Materials a. Fire Service Responsibility. The Golden Valley Fire Department shall be dispatched to all fire, rescue, and hazardous material incidents occurring in Wirth Park that are located within the corporate limits of Golden Valley. The Minneapolis Fire Department shall be dispatched to all fire, rescue, and hazardous material incidents occurring in Wirth Park that are located within the corporate limits of Minneapolis. If necessary, the fire department of either Golden Valley or Minneapolis may request the assistance of the other to help respond to a fire, rescue, or hazardous material incident occurring in Wirth Park. b. Jurisdiction Determination. At an appropriate juncture following the initial response to an incident located in or near Wirth Park, the responding agency should determine if the incident is located in the municipal jurisdiction of Minneapolis or Golden Valley. This effort should in no way interfere with the need to take immediate action. If the location of the incident is found not to be in the jurisdiction of the responding agency, the appropriate agency should be notified as soon as practicable and that agency shall assume control of the incident or crime scene as soon as reasonably possible. In locating the appropriate municipal jurisdiction for an incident, agencies should use maps, aerial photos, and surveyors depending on the lack of landmarks, the need for precision, and the relative importance of the incident. c. Fire Investigations. Origin and cause investigations will be conducted by the fire department of the city in which the fire occurred. That fire department will also request arson investigations as needed. d. Building and Fire Code Compliance Inspections. The City of Golden Valley shall enforce state and municipal fire and building codes in that part of Wirth Park that lies within the corporate limits of Golden Valley. Notification of hazardous materials stored or used in Wirth Park shall be directed to both the Minneapolis and Golden Valley Fire Departments. Theodore Wirth Park Public Safety Agreement Page 5 of 7 In witness whereof, the authorized representative of the City of Golden Valley and the Minneapolis Park and Recreation Board have entered into this MOU as of the date stated above. CITY OF GOLDEN VALLEY MINNEAPOLIS PARK AND RECREATION BOARD By: ______________________________ By: ______________________________ Its: Shepard M. Harris, Mayor Its: By: ______________________________ Its: Timothy J. Cruikshank, City Manager Theodore Wirth Park Public Safety Agreement Page 6 of 7 Attachment 1: Map Theodore Wirth Park Public Safety Agreement Page 7 of 7 Table 1: Police Dispatch Response Protocols PRIORITY DEFINITION RESPONSE RESPONSIBILITY 1 High priority/In progress: imminent risk to someone’s health or safety, or severe, high-risk, high-value, property damage. Immediate response desired Golden Valley Police and Minneapolis Park Police respond. 2 Medium priority/In progress: No immediate threat to life/safety but fast response desired. Golden Valley Police and Minneapolis Park Police respond. 3 Low priority: No threat to life/safety or event may be handled by phone. Respond when available Minneapolis Park Police is the primary responder, Golden Valley may respond if Minneapolis Park Police is unavailable 4 Report only needed: Respond when available Minneapolis Park Police is primary response, Golden Valley may respond if Minneapolis Park Police is unavailable. Golden Valley City Council Meeting May 18, 2021 Agenda Item 3. D. 1. Acceptance of donation for a tree in Brookview Park honoring Violet Osbeck, Resolution No. 21-36 Prepared By Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. We have prepared the following resolution detailing the specific donor and their fiscal gift for your consideration. Financial Or Budget Considerations Not applicable Recommended Action Motion to adopt Resolution accepting the donation from the Osbeck Family for the addition of a tree in Brookview Park to honor of Violet Osbeck. Supporting Documents • Resolution No. 21-36 - accepting a donation of $350.00 from the family of Violet Osbeck for a tree to be located in Brookview Park (1 page) City Council Regular Meeting Executive Summary City of Golden Valley September 5, 2019 2 City Council Regular Meeting Executive Summary City of Golden Valley September 5, 2019 3 City Council Regular Meeting Executive Summary City of Golden Valley September 5, 2019 4 RESOLUTION NO. 21-36 RESOLUTION ACCEPTING THE DONATION OF A TREE FROM THE OSBECK FAMILY FOR BROOKVIEW PARK WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW , THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $350.00 donation from the Osbeck family for the addition of a tree to honor Violet Osbeck at Brookview Park. Adopted by the City Council of Golden Valley, Minnesota this 18th day of May, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting May 18, 2021 Agenda Item 3. D. 2. Approve Resolution No. 21-37 - Authorizing Application for the 2020 Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE Assistant City Engineer Summary The Minnesota Legislature appropriated $5,000,000 in 2020 for the Metropolitan Council Public Infrastructure Inflow/Infiltration Grant program. The purpose of this program is to provide reimbursement to municipalities for capital improvements for public municipal wastewater collection systems, which reduces the amount of inflow and infiltration into the Metropolitan Council’s sanitary sewer treatment system. The City participated in this grant program in 2012, 2014, and 2017 receiving $71,563 as part of the 2012 grant, $66,017.63 from the 2014 grant, and $197,322.72 as part of the 2017 grant. The grant runs on an approximately biennial basis and therefore the grant was not available in 2018 or 2019. Of the $5,000,000 available from 2020, the City is anticipated to receive up to $312,000. Staff recommends application for the reimbursement grant directly related to inflow and infiltration reduction improvements in the City’s municipal sanitary sewer lines. Some of the work that is eligible for reimbursement under this program includes lining of public sewer mains, joint grouting, and manhole rehabilitation which are all included in the Golden Valley Inflow and Infiltration Reduction Program. The grant schedule is outlined below: Grant Application due from cities Spring 2021 End date for eligible I/I Grant work December 31, 2022 Cities’ submit pay claims for completed projects March 31, 2023 Met Council sends agreements including Final Reimbursement Amount May 1, 2023 Met Council processes reimbursement Upon receipt of signed agreement Council/Manager Meeting Executive Summary City of Golden Valley May 18, 2021 G:\City Council agendas\Agenda Packets\2021\05-18-21\+-3D2 - Grant application - Met Council I&I\3D2a - Auth Application for MCES I&I Grant.docx 2 Financial or Budget Considerations The City anticipates spending up to $1,200,000 on Inflow/infiltration mitigation efforts over the next two construction seasons, of which approximately $312,000 is eligible for reimbursement through this grant. The funding for the Inflow /Infiltration mitigation originates from the Sewer and Water fund and the grant money would be received as a revenue in the same fund. Recommending Action • Motion to approve Resolution No. 21-37 to authorize application for the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program for the Reimbursement of Project Costs Associated with Inflow/Infiltration Improvements. Supporting Documents • Resolution No. 21-37 authorizing application fornthe Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program for the Reimbursement of Project Costs Associated with Inflow/Infiltration Improvements. RESOLUTION NO. 21-37 RESOLUTION AUTHORIZING APPLICATION FOR THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) INFLOW AND INFILTRATION (I&I) GRANT PROGRAM FOR THE REIMBURSEMENT OF PROJECT COSTS ASSOCIATED WITH INFLOW/INFILTRATION IMPROVEMENTS WHEREAS, funding is available from the Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program for the reimbursement of project costs associated with inflow/infiltration improvements; and WHEREAS, the City of Golden Valley anticipates making improvements to the municipal sanitary sewer system which will reduce the amount of inflow and infiltration entering the Metropolitan Council Environmental Services system. NOW, THEREFORE, BE IT RESOLVED that the Golden Valley City Council hereby authorizes the Physical Development Director or her designee to prepare and submit the Metropolitan Council Inflow/Infiltration Grant Program application on behalf of the City of Golden Valley. Adopted by the City Council of Golden Valley, Minnesota this 18th day of May 2021 _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting May 18, 2021 Agenda Item 3. E. City Classification Structure Adjustments, Resolution No. 21-38 Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary Since the City Council’s approval of the City’s Compensation and Classification structure in December 2020, the City experienced two staffing changes, which resulted in the reclassification of the following positions: • Accounting Coordinator, proposed as Accounting Supervisor • Facilities Coordinator, proposed as Brookview Events Coordinator To ensure consistency within its compensation and classification structure, the City engaged its consultant David Drown and Associates (DDA) to review each position and grade them accordingly. Accounting Supervisor To meet the needs of the Administrative Services department, the Finance Director, Deputy City Manager/HR Director, and City Manager propose replacing the Accounting Coordinator position with an elevated role of Accounting Supervisor. Along with general accounting duties, the supervisor will fulfill the management responsibilities of the general services division, which frees the Finance Director to complete other high-level responsibilities. As a result, DDA reclassified the position from grade 11 to grade 14. Brookview Events Coordinator The Facility Coordinator position was vacant at the time of the Compensation and Classification study, and as a result was graded at 1. Since that time, the supervisor and department director re-evaluated the job responsibilities, especially the problem-solving and autonomous decision-making, which resulted in an increase in DDA grading the position at 3. Financial Or Budget Considerations 2021 Impact • Accounting Supervisor: Approximately $11,329, absorbed by Finance department budget • Brookview Event Coordinator: No 2021 budget impact City Council Regular Meeting Executive Summary City of Golden Valley May 18, 2021 2 Recommended Action Motion to Approve Resolution No. 21-38, Approving Updates to the Compensation Grid and Classification Table Supporting Documents • Resolution No. 21-38, Approving Updates to the Compensation Grid and Classification Table RESOLUTION NO. 21-38 RESOLUTION APPROVING UPDATES TO THE COMPENSATION GRID AND CLASSIFICATION TABLE WHEREAS, in 2020, the City conducted a full compensation and classification study (the “Study”) to ensure the City is paying competitive and fair wages to its employees; and WHEREAS, on December 15, 2020 the City Council approved implementation of the Study; and WHEREAS, on December 15, 2020, the City Council adopted the following compensation grid for the City: Grade Compensation Grid 4.9% 4.9% 4.9% 4.9% 4.9% 4.9% 1 2 3 4 5 6 7 1 $18.67 $19.58 $20.54 $21.55 $22.60 $23.71 $24.87 2 $19.79 $20.75 $21.77 $22.84 $23.96 $25.13 $26.36 3 $20.97 $22.00 $23.08 $24.21 $25.39 $26.64 $27.94 4 $22.23 $23.32 $24.46 $25.66 $26.92 $28.24 $29.62 5 $23.79 $24.95 $26.17 $27.46 $28.80 $30.21 $31.69 6 $25.45 $26.70 $28.01 $29.38 $30.82 $32.33 $33.91 7 $26.72 $28.03 $29.41 $30.85 $32.36 $33.95 $35.61 8 $27.79 $29.16 $30.58 $32.08 $33.65 $35.30 $37.03 9 $28.91 $30.32 $31.81 $33.37 $35.00 $36.72 $38.51 10 $30.35 $31.84 $33.40 $35.03 $36.75 $38.55 $40.44 11 $34.30 $35.98 $37.74 $39.59 $41.53 $43.56 $45.70 12 $36.35 $38.14 $40.00 $41.96 $44.02 $46.18 $48.44 13 $38.17 $40.04 $42.00 $44.06 $46.22 $48.49 $50.86 14 $39.70 $41.64 $43.68 $45.82 $48.07 $50.43 $52.90 15 $41.68 $43.73 $45.87 $48.12 $50.47 $52.95 $55.54 16 $44.18 $46.35 $48.62 $51.00 $53.50 $56.12 $58.87 17 $46.84 $49.13 $51.54 $54.06 $56.71 $59.49 $62.41 18 $51.05 $53.55 $56.18 $58.93 $61.82 $64.84 $68.02 19 $53.60 $56.23 $58.98 $61.87 $64.91 $68.09 $71.42 20 $56.28 $59.04 $61.93 $64.97 $68.15 $71.49 $74.99 21 $59.10 $61.99 $65.03 $68.22 $71.56 $75.07 $78.74 22 $62.64 $65.71 $68.93 $72.31 $75.85 $79.57 $83.47 23 $66.40 $69.66 $73.07 $76.65 $80.40 $84.34 $88.48 WHEREAS, the City also adopted a Classification Table that assigned a grade to each position within the City; and WHEREAS, since the Classification Table was originally adopted, the Classification Table was updated on March 16, 2021 by Resolution No. 21-13; and WHEREAS, since the Classification Table was updated, an additional two positions have been reclassified; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that: 1. The City hereby adopts the following updated Classification Table: New Grade Title 1 2 Community Service Officer Guest Services Specialist Recreation Coordinator (.50) 3 Administrative Assistant – Fire Department Brookview Events Coordinator Lead Community Service Officer 4 Administrative Assistant – Parks And Recreation Engineering Assistant Inspections & Development Assistant Lead Cook Turf Maintenance Assistant 5 Accounting Technician Assessments/Accounts Payable Technician Motor Vehicle License Clerk Planning Assistant Police Assistant Public Works Assistant 6 Custodial Maintenance Specialist Executive Assistant - City Manager’s Office Head Chef/Kitchen Supervisor Inspections Administrative Specialist Physical Development Assistant/Deputy City Clerk Utility Billing Specialist 7 Communications Specialist Golf Operations Coordinator Maintenance Worker/Mechanic Park Maintenance Worker Street Maintenance Worker Turf Equip Technician /Mechanic Utilities Maintenance Worker Web/Graphic Designer 8 Environmental Specialist Fire Inspector I Information Technology Technician Public Works Inspector Utilities Specialist Vehicle Maintenance Worker/Mechanic 9 City Forester Engineering Technician II Water Distribution Specialist Park Maintenance Field Supervisor Street Maintenance Field Supervisor Utilities Maintenance Field Supervisor Vehicle Maintenance Field Supervisor 10 Assistant Golf Operations Manager Engineering Technician III GIS Specialist Planner Police Operations Supervisor 11 Accountant Building Inspector Crime Analyst Supervisor Deputy Registrar Supervisor Equity and Inclusion Manager Greens & Turf Specialist Information Technology Specialist Patrol Officer Recreation & Facilities Supervisor Recreation Supervisor 12 Golf Maintenance Supervisor Restaurant & Catering Manager 13 City Clerk 14 Accounting Supervisor Assistant City Engineer Environmental Resources Supervisor Golf Operations Manager Park Superintendent Street And Vehicle Maintenance Superintendent Utilities Superintendent 15 Assistant Fire Chief Building Official Sergeant 16 Information Technology Supervisor Planning Manager 17 Police Commander 18 City Engineer Communications Director 19 Finance Director Fire Chief Parks & Recreation Director Physical Development Director Public Works Director 21 City Attorney Deputy City Manager/Human Resources Director Police Chief 23 City Manager 2. The Council shall approve all classification changes that increase the budget. Changes to job title and other modifications that do not increase the budget shall not require Council approval. The most current Job Classification Grid shall be kept on file with the Human Resources Department. Adopted by the City Council of Golden Valley, Minnesota this 18th day of May, 2021. ______________________ Shepard M. Harris, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting May 18, 2021 Agenda Item 4. A. Public Hearing to Vacate Alley Easements West of Hillsboro Avenue North Between Earl Street and Duluth Street, Resolution No. 21-39 Prepared By R.J. Kakach, Assistant City Engineer Summary In the fall of 2020, the property owner at 2001 Hillsboro Avenue North requested the alleyway adjacent to their property be vacated. Staff evaluated the request and determined that it was also appropriate to include all adjacent alleyways along this block between Hillsboro Avenue and Independence Avenue. Staff generated a petition for the property owner at 2001 Hillsboro Avenue North to route to their neighbors for support of the alleyway vacation. The petition was returned with eleven of seventeen signatures supporting the vacation. A notice of public hearing regarding the proposed easement vacation was published and posted and letters were sent to the affected property owners. Staff sent a letter to all private utility companies requesting their review and comment, and there have been no objections to this easement vacation. Since the easements are not adjacent to a public water, notice to the Commissioner of Natural Resources is not required. In accordance with state statutes, a four-fifths majority vote in favor of the resolution is required to approve this easement vacation. Attachments • Easement Vacation Exhibit (1 page) • Resolution No. 21-39 Vacating Alley Easements West of Hillsboro Avenue North Between Earl Street and Duluth Street (2 pages) Recommended Action Motion to adopt Resolution No. 21-39 Vacating Alley Easements West of Hillsboro Avenue North between Earl Street and Duluth Street. Earl St Duluth St Hillsboro Ave NIndependence Ave N2017 2016 2016201320132012 20082009 2009 2004200520042005 2001 1916 191619171917 1913 1912 19121915 1909 1904 19081913 1905 1902 1905 1904 9400 9350 9300 9250 1821 9385 9345 0 80 16040Feetby the City of Golden Valley, 3/2/2021 I Proposed ROW Vacation,Retain Drainage and UtilityEasement over vacated Alley RESOLUTION NO. 21-39 RESOLUTION VACATING ALLEY EASEMENT WEST OF HILLSBORO AVENUE NORTH BETWEEN EARL STREET AND DULUTH STREET WHEREAS, a petition signed by the majority of property owners abutting an alley easement on the property described as west of Hillsboro Avenue North between Earl Street and Duluth Street (the “Alley”) was received by the City Clerk on March 9, 2021; and WHEREAS, the petition requested that the City Council, pursuant to Minnesota Statutes, section 412.851 vacate the Alley, which is legally described as follows: All alleys adjacent to Lots 1 through 10 and Lots 11 through 20, Block 3, Lakeview Heights, Hennepin County, Minnesota WHEREAS, the City Engineer reviewed and examined the signatures on said petition and determined that such signatures constituted a majority of the landowners abutting upon the alley to be vacated; and WHEREAS, the City Engineer reviewed and examined City records related to the Alley and determined that no public utilities exist within the area proposed for vacation; and WHEREAS, a public hearing to consider the vacation of such street was held on May 18, 2021 before the City Council virtually in accordance with the local emergency declaration made by the City of Golden Valley under Minnesota Statue, section 12.37 after due published and posted notice had been given, as well as personal mailed notice to all affected property owners by the City Clerk on the 10th day of May, 2021 and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the Council has evaluated its interest and use of the property and has determined that the vacation will benefit the public interest because the vacation reduces maintenance costs and liability to the City and is predicted to foster economic growth in the City of Golden Valley by allowing adjacent property owners to make improvements to their properties and by increasing tax revenue and general prosperity. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that: 1. The petition for vacation is hereby granted and the Alley described as follows is hereby vacated: All alleys adjacent to Lots 1 through 10 and Lots 11 through 20, Block 3, Lakeview Heights, Hennepin County, Minnesota 2. The City of Golden Valley reserves to and for itself a drainage and utility easement over the vacated Alley, including the right to install, maintain, and operate facilities in the vacated right-of-way and to enter upon the right-of-way at any time to reconstruct, inspect, maintain, or repair the facilities. Adopted by the City Council of Golden Valley, Minnesota this 18th day of May, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting May 18, 2021 Agenda Item 6. A. Discussion of Proposed Meadowbrook PUD Amendment – 5400 Glenwood Avenue Prepared By Jason Zimmerman, Planning Manager Summary Hopkins Public Schools, represented by Neil Tessier, is applying for a Major Planned Unit Development (PUD) Amendment in order to expand the boundary of the PUD and to incorporate additional land area currently addressed as 5300 Glenwood Avenue. This expansion would allow for the completion of a traffic control plan initiated as part of Amendment #4 in 2018 as well as provide future space for district offices or other educational programming. Along with this amendment, Hopkins School District is requesting an amendment to the Future Land Use Map and an amendment to the Zoning Map for 5300 Glenwood Avenue, in order to change the use from Office to Institutional. At its meeting on April 26, the Planning Commission unanimously (6-0) recommended denial of the PUD Amendment (though they recommended approval of the land use and zoning changes on 4-2 votes). They felt the information provided as part of the proposal was insufficient to perform a complete evaluation of the 5300 building, including clarity around the future use of the property and how this might change the layout of the parking lot and potentially impact traffic congestion on Glenwood at peak times. Public hearings on the land use change, the rezoning, and the PUD Amendment have tentatively been scheduled for the June 1 City Council meeting. Staff is interested in discussing with the Council if the proposals should move forward or if the Council would prefer to send the PUD Amendment back to the Planning Commission for further analysis. Background PUD No. 90 was adopted by the City Council on December 19, 2000. The PUD was established to allow the City and the School District to build the Davis Community Center following the relocation of Turners Crossroad and Xenia Avenue. The first amendment to the PUD was approved in May 2012 to allow a small addition to the building. The second amendment, approved in November 2012, allowed for modifications to be made to the parking area. A third amendment was approved in October 2013 to consolidate the Meadowbrook School parcel, the Davis Community Center parcel, and the former City Council Regular Meeting Executive Summary City of Golden Valley May 18, 2021 2 Crisis Nursery parcel (which was connected to the main school building via a newly constructed tunnel). The latest amendment (number five) was approved in May 2018. This modification allowed for the addition of nine new classrooms on the west side of the building and modified both the east and west parking lots as well as right-of-way improvements with new turn lanes to improve traffic flow. Existing Conditions The size of the current Meadowbrook PUD is roughly 10.5 acres. It is bounded on the west by Turners Crossroad North, on the east by Highway 100, and to the south by Glenwood Avenue. An office building sits adjacent to the PUD to the east at 5300 Glenwood Avenue – the property that would be included in the PUD if it is expanded. The entire Meadowbrook School site is guided for Institutional use in the Comprehensive Plan and is zoned Institutional (I-1), the category reserved for schools and places of worship. The 5300 property is guided and zoned for Office. There are currently four access points to the school campus—two on Turners Crossroad and two on Glenwood Avenue. The northern driveway on Turners provides access to the loading and unloading area for buses. The southern driveway provides access to a small circular drive and parking area which is utilized for student drop-offs and pick-ups for the school and the community center. Along Glenwood, the western driveway is limited to exiting the site. All vehicles entering the site (teachers, staff, and parents) currently utilize an eastern driveway that loops through the 5300 Glenwood property and threads its way through an upper and lower parking area. Enrollment at the school is capped at 890 students through a condition of the existing PUD Permit. Proposal In response to feedback from the City as part of Amendment #4, the Hopkins School District purchased 5300 Glenwood Avenue and has been testing a new circulation pattern for the eastern parking lot. The new proposal would officially incorporate this property into the PUD. Separately, the school district has submitted applications to change the land use and the zoning of this property. In addition to 5300 Glenwood, the expansion of the PUD would also include land along Highway 100, along Glenwood Avenue, and near the exit ramp from Highway 100 onto Glenwood. This excess right-of- way is not needed by MnDOT, Hennepin County, or the City and would help to ensure all school uses (such as the running track) are located on school grounds. The City supports transferring responsibility for some existing infrastructure to the school as part of this arrangement. As part of this project, the parking lot at 5300 would be improved to provide a more direct circulation pattern and to better capture and treat stormwater runoff. New lighting and landscaping around the parking lot would also be provided. The existing narrow drive that connects the two properties would be widened and improved to create a direct route for queueing vehicles. The northeast corner of the existing east Meadowbrook lot would also be expanded slightly in order to recapture some of the parking stalls lost during this realignment. Overall, between the two parking lots, the parking count would drop from 211 to 197. City Council Regular Meeting Executive Summary City of Golden Valley May 18, 2021 3 As a carry-over from the last PUD amendment, the school has also provided a letter confirming the process for verifying student enrollment annually as well as a description of the site logistics for the dropping-off and picking-up of students. Finally, the applicant has provided a deposit for the City’s traffic engineering consultant to evaluate the current traffic levels and ensure that future use of the 5300 building by the school district will not generate congestion on Glenwood Avenue. The results of this traffic study are not expected to be available until early June. Analysis and Evaluation Staff supports the incorporation of the 5300 property into the Meadowbrook PUD, as it will provide a potential solution to the congestion that has resulted on Glenwood Avenue during drop-off and pick-up times. The new route for vehicles was tested informally during the end of the 2019-20 school year and appeared to provide adequate queueing space off of the public right-of-way. The improvements in and around the parking lot at 5300 Glenwood are also welcomed, as they will provide needed stormwater treatment, new landscaping, and improved lighting consistent with the City’s outdoor lighting regulations. However, the unknowns surrounding the future use and operations of the 5300 building have left the Planning Commission and staff concerned about how this might necessitate a change in the layout of the parking lot and potentially impact traffic congestion on Glenwood at peak times. The school district has provided various concepts for the building, initially indicating it might be used for district offices or “specialized services to small satellite programs.” After questions were raised from the Planning Commission, the school district provided a narrative (attached) that raise the possibility of work-based learning for special education students or a lab school for students involved with project-based learning for part of the school day. Staff continue to have questions about the operational mechanics of these uses, and have requested additional information. Given the variety of uses that might be established in the building, the Planning Commission was unable to comment on the adequacy of the parking being proposed. Additionally, some uses could involve students walking back and forth between the main Meadowbrook building and the 5300 building, raising questions around pedestrian facilities. Finally, depending on the use, the traffic patterns (arrivals and departures) could conflict with the presence of vehicles waiting to drop-off or pick-up children. Without certainty regarding the future use, none of these outstanding questions can be adequately addressed. With a recommendation of denial from the Planning Commission, staff believes the proper course of action for the City Council would be to refer the item back to the Planning Commission until the traffic study is completed and the full range of future uses of the 5300 property can be clarified and evaluated. Recommended Action Motion to refer Amendment #5 for Meadowbrook PUD No. 90 back to the Planning Commission for additional evaluation, pending the results of the ongoing traffic study. City Council Regular Meeting Executive Summary City of Golden Valley May 18, 2021 4 Supporting Documents • Meadowbrook East Parking Lot and 5300 Glenwood Improvements (2 pages) • Hopkins School District letter addressing Planning Commission concerns (2 pages) GLENWOOD AVENUETURNERS CROSSROADSTATE HIGHWAY NO. 100(LILAC DRIVE N.)GLENWOOD AVENUESCALE IN FEET80'60'040'TRAFFIC STUDYEXISTING CONDITIONSENTRANCE/EXIT ONTO TURNERS CROSSROAD QUEUE = 5 CARSWEST PARKING LOT QUEUE = 26 CARSEAST PARING LOTS INGRESS QUEUE = 44 CARSEAST PARKING LOT EGRESS QUEUE = 30 CARS105 CARS TOTALLEGENDVEHICLE INGRESSVEHICLE EGRESSINITIAL DATEDPORPMDESDRW Engineering Associates, Inc.CEI PROJECT NO.SAFEngineering, PLLC3200 122nd Avenue NEBlaine, MN 55449612-213-9859nrtessier@gmail.comSite and Athletic Facility EngineeringI HEREBY CERTIFY THAT THIS SET OF PLANS AND SPECIFICATIONS WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.NEIL TESSIER, PE. DATE REGISTRATION NO.2636424EXHEXHIBIT4/6/2018TRAFFIC EXHIBIT EXISTING(651)452-1149(651)452-8960MENDOTA HEIGHTS, MN 551202025 CENTRE POINTE BLVD., SUITE 210JTAJTANTNT4/6/2018304485430 GLENWOOD AVE.MNGOLDEN VALLEYMeadowbrook Elementary 2018 Northwest Addition FENCE HENN. CO. MONUMENT SE COR. S. 33, T.118, R.21 (FOUND CAST IRON MON.) FOUND 1/2" IRON PIPE FOUND MNDOT ROW DISC B5 FOUND 1/2" IRON PIPE WE T LAND DITCH DITCH HENN. CO. MONUMENT S1/4 COR. SEC. 33, T.118, R.21 (FOUND CAST IRON MON.) PROJ. BM #4 TNH=876.87 PROJ. BM #2 TNH=870.22 PROJ. BM #1 TNH=863.39 DITCH S. LINE OF SE1/4 OF SEC. 33, T.118, R.21 W. LINE OF SW1/4 OF SEC. 19, T. 29, R. 24 N'LY LI N E O F H E N N . C O . H I G H W A Y N O . 40, PLA T 7 0 P E R D O C . N O . 2 2 8 3 8 9 6W. LINE OF THE SW1/4 OF SEC. 19, T. 29, R. 24NOT TANGENT NOT TANGENT (PER CURRENT RECORDS ON FILE IN THE HENNEPIN COUNTY SURVEYOR'S OFFICE)WEST LINE OF THE SW1/4 OF SEC. 19, T. 29, R. 24 (PER PLAT OF MEADOWBROOK SCHOOL,MEADOWBROOK SCHOOL 2ND ADDN.,AND MEADOWBROOK SCHOOL P.U.D. NO. 90)NOT TANGENTWEST LINE OF THE SW1/4 OF SEC. 19, T. 29, R. 24 (PER PLAT OF MEADOWBROOK SCHOOL,MEADOWBROOK SCHOOL 2ND ADDN.,W. LINE OF THE SW1/4 OF SEC. 19, T. 29, R. 24(PER CURRENT RECORDS ON FILE IN THE HENNEPIN AND MEADOWBROOK SCHOOL P.U.D. NO. 90HENN. CO. MONUMENT SW COR. S. 19, T.29, R.24 (FOUND CAST IRON MON.)HENN. CO. MONUMENTW1/4 COR. SEC. 19, T.29, R.24 (FOUND CAST IRON MON.)AMENDED CORNERHENN. CO. MONUMENTW1/4 COR. SEC. 19, T.29, R.24 (FOUND CAST IRON MON.)T R U N K H I G H W A Y N O . 1 0 0 GLENWOO D A V E N U E BENCHES FENCEFENCESCALE IN FEET 60'45'30'0 Know what'sbelow.Callbefore you dig. INITIAL DATE DPOR PM DES DRWPROJECT NO. I HEREBY CERTIFY THAT THIS SET OF PLANS AND SPECIFICATIONS WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. NEIL TESSIER, PE. DATE REGISTRATION NO. 26364 SAFEngineering, PLLC 3200 122nd Avenue NE Blaine, MN 55449 612-213-9859 nrtessier@gmail.com Site and Athletic Facility Engineering EXHREV-0 11/26/18TRAFFIC EXHIBIT OVERALL MCRJPBNTNT11/26/1830448 5430 GLENWOOD AVE. MNGOLDEN VALLEY MEADOW BROOK ELEMENTARY LEGEND VEHICLE INGRESS VEHICLE EGRESS TRAFFIC STUDY EXISTING CONDITIONS ENTRANCE/EXIT ONTO TURNERS CROSSROADS EGRESS QUEUE:9 CARS WEST PARKING LOT INGRESS QUEUE:32 CARS EAST PARKING LOT INGRESS QUEUE:44 CARS EAST PARKING LOT EGRESS QUEUE:30 CARS 105 CARS TOTAL OPTION A WIDEN ENTRANCE/EXIT ONTO TURNERS CROSSROADS PROPOSED ADDITIONAL INGRESS QUEUE:5 CARS OPTION C EAST PARKING LOT MODIFICATIONS PROPOSED INGRESS QUEUE:44 CARS PROPOSED EGRESS QUEUE:40 CARS OPTION D ADD TURN LANE OFF OF TURNERS CROSSROADS PROPOSED ADDITIONAL INGRESS QUEUE:7 CARS OPTION E ADDITIONAL BUILDING AND ASSOCIATED PARKING LOT TO EAST OF EXISTING SITE PROPOSED ADDITIONAL INGRESS QUEUE:53 CARS OVERALL PROPOSED QUEUE INGRESS QUEUE:131 CARS EGRESS QUEUE:49 CARS 180 CARS TOTAL 75 CAR INCREASE Hopkins Public Schools 1001 Highway 7 Hopkins, MN 55305 HopkinsSchools.org May 11, 2021 Mr. Jason Zimmerman Planning Manager City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 RE: ISD #270 - Meadowbrook ES Parking Lot Improvements – City Council Meeting We provide this letter and supporting plans to clarify our position on the proposed project to facilitate approval for the project. We ask that this letter be provided to the City Council for consideration on May 18, 2021. We wish to address some questions raised at the Planning Commission meeting that were not adequately addressed. We welcome the chance to provide additional information and be available for further dialogue as would be helpful to the Council. PLANNING COMMISSION MEETING CONCERNS 1. The status of the former Boy Scout building use remains unclear. A. The purchase of the Boy Scout property is (1) to mitigate the traffic impact of the drop off and pick up times for parents dropping off and picking up students; and (2) to find opportunities to use the space in an educational manner that provides additional services that will not exacerbate traffic flow to the area. B. The School District will use the Boy Scout property to provide specialized services to small satellite programs. Examples of these programs include our T Plus program (work-based learning for part of the day to special education students who are transitioning to work upon graduation) and our lab school that would consist of a small group of high school students involved with project based learning for part of the school day in the building. C. Neither of these examples of small program use will increase traffic issues during Meadowbrook drop off and pick up times, as they would not be congruent with each other. Meadowbrook parent pick up hours are presently: 9:15AM – 9:30AM drop off and 3:30PM – 4:10PM. Program hours for small programs are for part of the day and would be adjusted as to not interfere with scheduled Meadowbrook drop off and pick up times. 2. Ongoing Collaboration. A. The project has been a collaboration between the School District and the City for 2-1/2 years. We have had numerous meetings with city staff and their consultants on multiple options to reduce or mitigate the traffic on city streets. We look forward to the continued partnership and have contributed to the traffic flow management through the commitment of additional fiscal and physical resources, including the most recent modifications to traffic lanes. Should further modifications be required, we stand ready to be in partnership with any future needs. 3. Concluding Considerations A. We appreciate the ongoing dialogue to ensure that the improvements will address the traffic, queuing, and green space needs. We feel that the specific programming we will provide at the Boy Scout property will minimize any traffic impact, will provide additional queuing (please reference the attached document), and will preserve the green space that has been added to the unified plat. B. The partnerships that we have been able to develop through the course of constructing the provided documents and the ability to further dialogue have added great value to what we submit for Council review. We believe the total improvements and the added level of service will continue to enhance the value of the property and improve the experiences residents will have with the Meadowbrook campus and programming. SUMMARY If you have any questions, please contact us at your convenience. Sincerely, Dr. Rhoda Mhiripiri-Reed (Superintendent) Dr. Nik Lightfoot (Assistant Superintendent) Mr. Tariro Chapinduka (Director of Business Services) Golden Valley City Council Meeting May 18, 2021 Agenda Item 6. B. First Consideration of Ordinance No. 714, Amending City Code Chapter 2 – Replacing the Human Rights Commission with a Diversity, Equity and Inclusion Commission Prepared By Kirsten Santelices, Human Resources Director/Human Rights Commission Staff Liaison Kiarra Zackery, Equity and Inclusion Manager Summary The City of Golden Valley has a deep commitment to dismantling systemic racism and all forms of oppression. The City currently has two bodies who support initiatives in the areas of human rights, diversity, equity, and inclusion: a standing Human Rights Commission and a temporary Rising TIDES task force. In June 2020, the City Council approved a twelve-month extension of the Task Force and it will end in June 2021. The Task Force’s recommendations and work plans are instrumental to the City’s diversity, equity and inclusion work and cannot end once the Task Force appointed time is completed. There is a natural alignment between the work of the Human Rights Commission and the Rising TIDES Task Force. Therefore, staff and committee members recommend that the City form a new commission that embodies the work of both groups, focused on integrating the work of human rights and diversity, equity and inclusion. Human Rights Commission The Human Rights Commission is a tenured commission with a significant history in the City, which was created to promote human rights issues, create spaces for dialogue regarding issues of human rights and educate the community. The Human Rights Commission has embodied this work in a variety of ways, including the Bill Hobbs Award, sponsoring diverse speakers and exhibits, recommending proclamations, supporting PRIDE events, and initiating the Just Deeds Project. Rising TIDES Task Force In January 2019 the City Council approved and appointed the Rising TIDES Task Force. Its mission was to provide input on objectives within the City’s Equity Plan. For 18 months the Task Force explored six critical topics through discussion and research at its monthly meetings and by hosting two community forums. In June 2020 the Task Force presented a comprehensive recommendations report to the City Council. The City approved the requested extension of the Task Force to develop coordinated action plans with staff to fulfill the recommendations. City Council Regular Meeting Executive Summary City of Golden Valley May 18, 2021 2 HRC and Rising TIDES Integration As the Rising TIDES Task Force approaches the completion of its appointed work (June 2021), City staff and TIDES members believe it is crucial that the spirit of the Task Force continue. The mission of the HRC aligns closely with the purpose of the TIDES Task Force. However, there is a distinct difference between human rights and diversity, equity and inclusion (DEI). DEI is a framework to combat systems of oppression that create disparate life outcomes based on social identities. These disparities may, but not always impede a groups’ ability to access to matters associated with human rights – there is broader application for the framework. Therefore, the City recommends the creation of a new commission to replace the existing HRC and includes a DEI framework. New Proposed Commission Over the past few months a subcommittee of members from both the Rising TIDES Task Force and the Human Rights Commission have met with City staff to discuss the creation of a new commission to combine the work of the HRC and the Rising TIDES Task Force. During these meetings, the subcommittee members and staff identified important details to include in the new commission structure. Name: Diversity, Equity and Inclusion Commission (DEIC) Membership: The DEIC will have 9 voting members and two youth members. The DEIC seeks to reflect the diversity of Golden Valley and create inclusive space for those closest to matters of diversity, equity and inclusion as listed below: • Individuals who have professional, volunteer, or personal experiences with communities that have historically experienced or presently experience the stress and trauma of discrimination, for example, individuals with work or volunteer experience in the field of diversity, equity and inclusion, or personal involvement in advocacy or activism; • Individuals who have professional, volunteer, or personal experiences with healing of marginalized communities; and • Individuals with personal experience involving discrimination. At a minimum the DEIC membership shall consist of: • One member with a connection to multi-family or group housing; and • One member of a community group that has demonstrated commitment to the values of racial equity, inclusion, social justice, and human rights. Overview of Purpose/Mission The Commission’s mission is to promote and nurture a safe and welcoming community dedicated to the values of social equity, inclusion, and justice. The Commission shall advise and make recommendations to the Council in matters relating to diversity, equity, inclusion, and human rights. City Council Regular Meeting Executive Summary City of Golden Valley May 18, 2021 3 Sampling of Specific Work Plan Items: • Bill Hobbs Award • Building an Equitable Golden Valley Quarterly Conversations • Land Acknowledgement • CEDAW Educational Event • Recommendations for City Procurement Process Proposed Timeline: Staff and subcommittee propose the timeline below: May 25: Final HRC Meeting June 9: Final Rising TIDES Task Force Meeting July 2021: First New Commission Meeting Supporting Documents • Diversity, Equity and Inclusion Commission Bylaws (6 pages) • Ordinance No. 714 - Creating a Diversity, Equity and Inclusion Commission (2 pages) BYLAWS – Diversity, Equity, and Inclusion Commission 1 BYLAWS Diversity, Equity, & Inclusion Commission (DEIC) Article I: Purpose, Mission, and Prescribed Duties The Commission shall be an advisory commission to the City Council. A. Mission, Vision, Values The Commission’s mission is to promote and nurture a safe and welcoming community dedicated to the values of social equity, inclusion, and justice. The Commission shall advise and make recommendations to the Council in matters relating to diversity, equity, inclusion, and human rights. B. Duties In accordance with its bylaws and annual work plan, and through the collaboration and cooperation of City staff, the DEI Commission shall: (1) Analyze the City’s processes, procedures, policies, and ordinances as directed by the City Council on matters of diversity, equity, inclusion, human rights. (2) Present the results of programs of research and recommend changes to processes, procedures, policies, and ordinances to the City Council based on those results. (3) Regularly review and evaluate the City’s community outreach methods and activities to ensure messaging reaches diverse populations and provides inclusive participation opportunities. (4) Annually provide input on the City’s Equity Plan and, as requested by City Manager, their designee, or City equity staff: a. Analyze City systems to identify systems of inequality (including systemic racism), and b. Make recommendations relating to changes in ordinance, policy, or practice to dismantle those systems. (5) Communicate the City’s diversity, equity, and inclusion (DE&I) work and facilitate community engagement and feedback. (6) Collaborate with organizations to host and promote events that educate the community on issues of diversity, equity, inclusion, and human rights, and other issues and to promote awareness and appreciation of diversity. Article II: Membership, Appointments, Terms, and Officers A. Membership Initially, any current member of the existing Human Rights Commission or Rising Tides Task Force who submits an application, shall be automatically appointed to the Commission. After the initial appointments, the Commission shall consist of nine regular members, and two youth voting members. The reduction in membership size shall happen gradually over the first three years as initial appointment terms expire so that there are 11 members by May 2023. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area District or Hopkins School District and be enrolled in school grades 9 BYLAWS – Diversity, Equity, and Inclusion Commission 2 through 12. In accordance with the City’s values and Welcome Statement, the Council shall seek to have said appointments reflect the diverse voices and perspectives in the community, including: • Individuals who have professional, volunteer, or personal experiences with communities that have historically experienced or presently experience the stress and trauma of discrimination, for example, individuals with work or volunteer experience in the field of diversity, equity and inclusion, or personal involvement in advocacy or activism; • Individuals who have professional, volunteer, or personal experiences with healing of marginalized communities; and • Individuals with personal experience involving discrimination. At a minimum the DEIC membership shall consist of: • One member with a connection to multi-family or group housing; and • One member of a community group that has demonstrated commitment to the values of racial equity, inclusion, social justice, and human rights. If the City does not receive qualified applications from one of the above categories, the remaining spots may be filled with any person who lives, works, attends school, volunteers, or worships in the City of Golden Valley. B. Appointments and Terms Appointments are made effective May 1 of each year. The Council shall appoint regular members of the Commission for three-year staggered terms. Youth members shall be appointed for a one-year term. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance. The City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. A vacancy shall be deemed to exist if a regular member ceases to meet the residency requirements or a youth member who ceases to meet the residency, age, or school requirements. C. Officers The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. Chair responsibilities include: • work with staff liaison to develop meeting agendas • conduct and preside at all meetings in a productive and time-efficient manner • ensure the Commission conducts its activities within the stated mission and bylaws of the Commission • appoint Commissioners to subcommittees • monitor and ensure the progress of the Commission • report to the City Council Vice-Chair responsibilities: • perform the duties of the Chair in the absence or incapacity of the Chair • perform all other duties as prescribed by the Commission BYLAWS – Diversity, Equity, and Inclusion Commission 3 Article III: Meetings and Attendance A. Meetings All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City code. This means all business and discussion occurs at a meeting which has been posted and is open to the public. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion, however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of the members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion. The proceedings of meeting should be conducted using standard parliamentary procedure. i. Regular Meeting The regular meeting of the Commission shall be held on the fourth Tuesday of the month at City Hall at 6:30 pm. The Commission may, by a majority vote, change its regular meeting dates for any reason provided proper public notice of the changed meeting is provided. ii. Annual Meeting The Annual Meeting of the commission shall be a regular meeting, typically the first meeting after May 1 of each year, at which time elections will be held. iii. Special Meetings A special meeting of the Commission may be called by the Chair or two commissioners, or by the City Council, for the purpose of transacting any business designated in the meeting notice. The notice for a special meeting shall be posted in compliance with the Minnesota State Statutes governing public meetings. The staff liaison shall notify Commissioners at least three days prior to the meeting of the date, time, place and purpose of the special meeting. A special meeting must also be posted in accordance with the requirements of the Minnesota Open Meeting Law. B. Attendance Members are expected to attend all meetings, including the annual board and commission joint meeting. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaisons will track attendance at each meeting. Each April, the City Manager’s office will review attendance records for the preceding calendar year (April-March) and send a standardized letter of warning to any member that has missed: • two consecutive or three total meetings for groups that meet once a month; or • two consecutive or five total meetings for groups that meet twice a month. Because attendance is so important to the work of the City’s boards and commissions, the City Manager may ask the member to explain the reasons for their absences. If circumstances prevent the member from committing to consistently attending future meetings, the member may be asked to step down. The City Manager will not ask the member to step down if their inability to attend meetings is due to health reasons. If the member’s attendance does not improve within 3 months after receiving a warning, the City Manager or their designee shall ask the member to step down. If the member chooses not to step down, the Council may take action to remove the member. BYLAWS – Diversity, Equity, and Inclusion Commission 4 Article IV: Rules A. Agenda The agenda for regular and special meetings of the Commission shall be prepared by the staff liaison. Items to be placed on the agenda may be proposed by the Chair, a Commission member, the staff liaison or at the request of the City Council. Residents, businesses, or other interested parties may contact the staff liaison to request that an item be placed on the agenda for consideration. All agenda topics presented by the City Council will be placed on an appropriate agenda; requests from other parties will be placed on an appropriate future agenda at the discretion of the staff liaison. The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of members present at the meeting. No items shall be added to the agenda unless deemed as urgent by the staff liaison. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. B. Recordkeeping All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures, Minnesota Statute and Rules regarding preservation of public records and the Minnesota Data Privacy Act. C. Work Plan The Commission will draft an annual work plan that details activities and projected timelines for the upcoming year. • The Chair may appoint Commissioners to be primarily responsible for each work plan activity. • The Commission may establish subcommittees to oversee work plan activities. The subcommittees will be chaired by Commissioners appointed by the Chair. • The Commission’s work plan will be submitted to the City Council, typically during the first quarter of the calendar year. The Chair and/or Commissioners will attend a Council/Manager meeting to discuss the annual work plan with the City Council. • The Commission’s work plan must be agreed upon by the City Council. D. Annual Report The Commission shall submit an annual report to the City Council summarizing the past year's activities. The report may highlight information the Commission feels appropriate to convey to the City Council. • The Chair or Vice-Chair will prepare the report for approval by the Commission. Commission members may submit signed addenda presenting alternative conclusions or perspectives. • The report and addenda are submitted to Council with the current year work plan in the first quarter of the calendar year or as soon thereafter as possible. E. Subcommittees The Commission may create subcommittees to plan and direct activities related to topics of interest to the Commission and to oversee work plan activities. • Subcommittees will be chaired by Commissioners appointed by the Chair and shall not consist of a majority or more of currently appointed Commission members. • A majority of the subcommittee must be present to conduct business, including the subcommittee chair. • The Commission may consolidate or dissolve subcommittees at any time. • The subcommittee chair may appoint other Commissioners and representatives from the broader community to the subcommittee, provided that the subcommittee at no time consists of a majority or more of currently appointed Commission members. BYLAWS – Diversity, Equity, and Inclusion Commission 5 • The subcommittee chair shall report back to the Commission about its activities as an agenda item at regular Commission meetings. • Subcommittee meetings shall be held at a date and time that does not conflict with the Commission’s regular and special meetings. The staff liaison shall be notified of the date, time, location and topic of all Subcommittee meetings. F. Performance of Duties Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or subcommittee chair as soon as possible. The Commission staff liaison may ask the City Council to review a Commissioner’s appointment based upon its assessment of significant lack of performance. Article V: Amendments and Revisions The Commission will review these bylaws no later than the second meeting after May 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Commission meeting with a majority of members present, provided that notice of the proposed changes and amendments is provided to each member at least 10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. Appendix: Glossary This glossary is a set of terms adopted by the City to ensure common language and understanding regarding diversity, equity and inclusion. When discussing the diversity, equity and inclusion efforts, use these terms and definitions in all contexts: Accountability: Processes and procedures that ensure the centering of equity in the decision-making process Barrier: Social, economic and physical impediments constructed to decrease access to resources essential for positive life outcomes BIPOC: An acronym for Black, Indigenous, People of Color Bias: A mental process that evaluates and classifies others by their appearance and/or behaviors based on personal schemata. Bias influences our actions, beliefs and attitudes about others positively and negatively. There are two types of bias in regards to equity and justice: • Explicit: Bias we are aware of and act in the name of • Implicit: Subconscious feelings, perceptions, attitudes and stereotypes developed over timei Capacity Building: Exercises and trainings developed to ensure all members of a community work towards equity Community Engagement: Employment of a range of tools and strategies to ensure successful, accountable relationships between an organization and the people it serves Community Indicator: An impact on a life-outcome influenced by public policy Disparity: A pattern of disproportionate life outcomes based on a social identity Diversity: A measurement of individuals’ differences from one another in the form of social identities and lived experiences; all the ways in which people differ.ii Equity: Fair treatment, access, opportunity and advancement for all people; one’s social identity cannot predict the outcome. • Racial Equity: practices and policies to mitigate adverse impacts one’s race has on life outcomes BYLAWS – Diversity, Equity, and Inclusion Commission 6 Equality: Evenly distributed tools and assistance to access resources and opportunities Human Rights: Rights inherent to all human beings, regardless of race, sex nationality, ethnicity, language, religion or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.iii Inclusion: Systems that allow for access to all spaces regardless of social identity; a variety of people have power, a voice, and decision-making authority. Inequality: Unequal access to opportunities and resources Justice: Fixing the system to offer equal access to both tools and opportunity Oppression: Intentional harm, construction and upholding of access to human and civil rights • Personal: Thoughts, beliefs, and attitudes about yourself, coworkers, supervisors, customers, residents, etc. based on their social identity • Interpersonal: Negatively expressed words and actions based on social identity • Institutional: Golden Valley (or other agency) enforced practices, policies and procedures that create barriers to resources and opportunities • Structural/Systemic: Golden Valley (or other agency) enforced practices, policies and procedures created by larger entities (local, state, federal government and agencies) Racialized Violence: An instance of bodily/mental harm as a result of systemic racism Social Identity: All of the ways people are grouped and stratified in society e.g. race, socioeconomic status, gender, gender identity, sexual orientation, ability, nation/language of origin, family structure, age, religion, immigration status, marital status, etc. Systemic Racism: A collection of institutions that create unequal access to resources and opportunities i Source: US Justice Department ii Source: City of Portland Office of Equity and Human Rights iii Source: United Nations ORDINANCE NO. 714 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 2 OF THE CITY CODE RELATED TO BOARDS AND COMMISSIONS The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 2, Article V, Section 128 is repealed, replaced, renamed, and shall read as follows: Sec. 2-128. – Diversity, Equity, and Inclusion Commission. (a) Establishment and Composition. A Diversity, Equity, and Inclusion Commission is hereby established, composed of eleven (11) members, nine (9) who shall serve three-year staggered terms and two (2) voting youth shall serve a one (1) year term. Youth members shall live or attend school within Golden Valley, the Robbinsdale Area School District, or the Hopkins Area School District and be enrolled in grades 9 through 12. (1) In accordance with the City’s values and Welcome Statement, the Council shall seek to have said appointments reflect the diverse voices and perspectives in the community, including: a. Individuals who have professional, volunteer, or personal experiences with communities that have historically experienced or presently experience the stress and trauma of discrimination, for example, individuals with work or volunteer experience in the field of diversity, equity and inclusion, or personal involvement in advocacy or activism; b. Individuals who have professional, volunteer, or personal experiences with healing of marginalized communities; and c. Individuals with personal experience involving discrimination. (2) At a minimum the DEIC membership shall consist of: a. One member with a connection to multi-family or group housing; and b. One member of a community group that has demonstrated commitment to the values of racial equity, inclusion, social justice, and human rights. If the City does not receive qualified applications from one of the above categories, the remaining spots may be filled with any person who lives, works, attends school, volunteers, or worships in the City of Golden Valley. (b) Mission. The DEI Commission’s mission is to promote and nurture a safe and welcoming community dedicated to the values of social equity, inclusion, and justice. (c) Duties and Responsibilities. The Commission shall advise and make recommendations to the Council in matters relating to diversity, equity, inclusion, and human rights. In accordance with its bylaws and annual work plan, and through the collaboration and cooperation of City staff, the DEI Commission shall: (1) Analyze the City’s processes, procedures, policies, and ordinances as directed by the City Council on matters of diversity, equity, inclusion, human rights. (2) Present the results of programs of research and recommend changes to processes, procedures, policies, and ordinances to the City Council based on those results. (3) Regularly review and evaluate the City’s community outreach methods and activities to ensure messaging reaches diverse populations and provides inclusive participation opportunities. (4) Annually provide input on the City’s Equity Plan and, as requested by City Manager, their designee, or City equity staff: a. Analyze City systems to identify systems of inequality (including systemic racism), and b. Make recommendations relating to changes in ordinance, policy, or practice to dismantle those systems. c. Communicate the City’s diversity, equity, and inclusion (DE&I) work and facilitate community engagement and feedback. d. Collaborate with organizations to host and promote events that educate the community on issues of diversity, equity, inclusion, and human rights, and other issues and to promote awareness and appreciation of diversity. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 1st day of June, 2021. ___________________________ Shepard M. Harris, Mayor ATTEST: ___________________________ Theresa J. Schyma, City Clerk 26 Rising TIDES Task Force Meeting 8-9AM Held Virtually 27 Police Commission Task Force Meeting 5:00 PM Held Virtually 27 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Held Virtually 31 City Offices Closed for Observance of Memorial Day 1 Facilities Study Task Force Meeting 3:30 - 5:30 PM Held Virtually 1 City Council Meeting 6:30 PM Held Virtually 8 Council Manager Meeting 6:30 PM Held Virtually 9 Building An Equitable Golden Valley Quarterly Conversation: Closing the Disability Inclusion Gap in the Community 6:00 - 7:30 PM Held Virtually 10 Police Commission Task Force Meeting 5:00 PM Held Virtually 15 HRA Meeting 6:30 PM Held Virtually 15 City Council Meeting 6:30 PM Held Virtually 22-25 League of Minnesota Cities 2021 Annual Conference Varies Held Virtually 24 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Held Virtually 5 City Offices Closed for Observance of Independence Day 6 City Council Meeting 6:30 PM Hybrid 13 Council Manager Meeting 6:30 PM Hybrid 20 City Council Meeting 6:30 PM Hybrid 22 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Held Virtually ANNOUNCEMENT OF MEETINGS AND EVENTS Three or more Council Members may attend the following MAY JUNE JULY