07-06-21 City Council Agenda
REGULAR MEETING AGENDA
City Council meetings are being conducted in a hybrid format with in-person and remote options
for attending, participating, and commenting. The public can make statements in this meeting
during public comment sections, including the public forum beginning at 6:20 pm.
Remote Attendance/Comment Options: Members of the public may attend this meeting by
watching on cable channel 16, streaming on CCXmedia.org, or via Webex by calling 1-415-655-
0001 and entering access code 133 299 7812. Members of the public wishing to address the
Council should call 763-593-8060.
1. Call to Order
A. Pledge of Allegiance Pages
B. Roll Call
C. Proclamation Recognizing July as Parks & Recreation Month 3-5
D. Presentation of Minnesota Recreation and Parks Association 2020 Awards of Excellence
to the City of Golden Valley
6
2. Additions and Corrections to Agenda
3. Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine
by the City Council and will be enacted by one motion. There will be no discussion of these
items unless a Council Member so requests in which event the item will be removed from the
general order of business and considered in its normal sequence on the agenda.
A. Approval of Minutes
1. Regular City Council Meeting – March 2, 2021 7-10
2. Regular City Council Meeting – March 16, 2021 11-15
3. Regular City Council Meeting – April 6, 2021 16-21
4. Regular City Council Meeting – April 20, 2021 22-26
5. Regular City Council Meeting – May 4, 2021 27-35
6. Regular City Council Meeting – May 18, 2021 36-40
B. Approval of City Check Register 41
C. Boards, Commissions, and Task Forces:
1. Accept Resignations from the DEI commission 42
D. Approval of Bids, Quotes and Contracts:
1. Approve Purchase of Building Security Equipment from Ideacom Mid-America and
RCN Technologies
43-48
July 6, 2021 – 6:30 pm
Hybrid Meeting
City of Golden Valley City Council Regular Meeting
July 6, 2021 – 6:30 pm
2
2. Approve Purchase of Three Ford F-550 Trucks from Boyer Ford Trucks and
Towmaster Truck Equipment
49-57
3. Authorize Agreements with Union Pacific Railroad for Replacement of Street
Crossings at 10th Avenue and Mendelssohn Avenue
58-74
4. Authorize Change Order #1 for I-394 Inflow and Infiltration Phase 3 City Project #21-
24
75-76
5. Approve Microsoft Office 365 Volume Licensing Contract 77-94
6. Authorize Professional Subscription Services Agreement for a Project Management
Software Solution with SmartSheet
95-105
E. Grants and Donations:
1. Authorize Grant Application with the Department of Natural Resources for DeCola
Ponds SEA School-Wildwood Park Flood Storage Project, Resolution No. 21-51
106-110
2. Approve Receipt of Community Safety Grant from CenterPoint Energy, Resolution
No. 21-52
111-113
F. Authorize Agreement for Residential Home Energy Squad Visits 114-117
G. Approve Host Site Agreement with Minnesota Pollution Control Agency as a Minnesota
GreenCorps Host Site, Resolution No. 21-53
118-120
4. Public Hearing
A. Public Hearing – Amendments to the Zoning Map – Rezoning Certain Properties in Scheid
Park and on Golden Valley Road in Order to Alignment with the 2040 Comprehensive
Plan, Ordinance No. 717
121-138
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Review of Council Calendar 139
B. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
1. C. Proclamation Recognizing July as Parks & Recreation Month
Prepared By
Rick Birno, Parks & Recreation Director
Summary
National Parks and Recreation month is July 1 – July 31, 2021. The month recognizes the exponential
value parks and recreation brings to the community by enhancing quality of life through recreation
programming, leisure activities, community amenities and conservation efforts.
Additionally, the recognition of the vital contributions made by community volunteers who generously
provide countless hours of support and commitment advocating for green space, keeping our parks clean
and supporting activities for youth.
Financial Or Budget Considerations
Not applicable
Supporting Documents
• Proclamation Recognizing Parks and Recreation Month (2 pages)
CITY OF GOLDEN VALLEY
PROCLAMATION RECOGNIZING PARKS & RECREATION MONTH
JULY 1 - 31, 2021
WHEREAS, Parks & Recreation Month was launched by the National Recreation
and Parks Association in 1985; and in 2012 the U.S. House of Representatives
designated July as Parks & Recreation Month encouraging local communities to do the
same; and
WHEREAS, parks and recreation services, programs, park areas, and amenities
are a core component of the City of Golden Valley; and
WHEREAS, Parks & Recreation Month encourages everyone to reflect on the
exponential value parks and recreation brings to the community by enhancing quality of
life through recreation programming, leisure activities, community amenities and
conservation efforts; and
WHEREAS, the City of Golden Valley’s recreational amenities, natural areas,
parks, athletic facilities, recreation programs and events, and community facilities make
Golden Valley an attractive and desirable place to live, work, play, and visit; and
WHEREAS, parks and recreation experiences support healthy active lifestyles,
social equity, and wellness by encouraging all to participate in recreational activities and
connecting with residents; and
WHEREAS, it is important to recognize the vital contributions made by
community volunteers who keep our parks clean and safe, organize youth opportunities,
support recreation programs & events, advocate for additional green space, promote
conservation efforts, and work to expand bike and pedestrian connectivity.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Golden Valley do hereby proclaim July 2021 as Parks and Recreation month in the City
of Golden Valley. We call upon all citizens and civic organizations to pay tribute to the
value parks and recreation brings to our community, and to recognize the substantial
contributions Parks & Recreation professionals make to our health, quality of life, active
lifestyles, socialization, and the building of community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the City of Golden Valley to be affixed on this 6th day of July, 2021.
___________________________
Shepard M. Harris, Mayor
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
1. D. Minnesota Recreation and Parks Association Awards Committee Representative Presenting
Awards of Excellence to the City of Golden Valley
Prepared By
Maddy Champa, Recreation Coordinator
John Stutzman, Recreation Supervisor
Rick Birno, Parks & Recreation Director
Summary
The Minnesota Recreation and Parks Association (MRPA) annually recognizes communities for
excellence in recreational programming. The Parks & Recreation Department was awarded two awards
for 2020. The programs that received recognition include the Cooperative Virtual Bike Rodeo and the
HomeReced virtual program.
Alyssa Fram, MRPA Awards Committee representative, will be in attendance at the July 6th meeting to
present both awards.
Financial Or Budget Considerations
Not applicable
Supporting Documents
None
REGULAR MEETING AGENDA
In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley
declared a local emergency under Minnesota Statute, section 12.37. In accordance with that
declaration, beginning on March 16, 2020, all meetings of the City Council held during the
emergency were conducted by telephone or other electronic means. As such, all votes are
conducted by roll call, so each member's vote on each issue can be identified and recorded pursuant
to Minnesota Stat. 13D.021.
The City used WebEx to conduct this meeting electronically. Members of the public were able to
monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org,
and by dialing in to the public call-in line. The public was able to participate in this meeting during
public comment sections, including the public forum, by dialing in to the public call-in line.
1. Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian
Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, Human Resources Director Santelices, Physical
Development Director Nevinski, City Attorney Cisneros, Police Chief Sturgis,
and City Clerk Schyma
C. Proclamation Supporting Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW)
Kirsten Santelices, Human Resources Director/Human Rights Commission Liaison presented
an overview of the proclamation.
Mayor Harris presented the proclamation to Leah Persky, Member of the Golden Valley
Human Rights Commission.
Motion by M. Harris, Second by Fonnest to Support Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW)
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed:
N/A)
March 2, 2021 – 6:30 pm
Meeting Held Virtually
City of Golden Valley City Council Regular Meeting
March 2, 2021 – 6:30 pm
2
2. Additions and Corrections to Agenda
Motion by Fonnest, Second by Sanberg to approve the meeting agenda as submitted.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
3. Consent Agenda
Motion by Sanberg, Second by Rosenquist to approve the Consent Agenda as revised: removal of
Items #3F2 - Approve Agreement with the Minnesota DNR and Approve Resolution No. 21-09 to
Accept the DNR Grant for the Briarwood Nature Area Habitat Restoration.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
A. Approval of Minutes:
1. City Council Meeting – February 2, 2021
B. Approval of City Check Register
C. Licenses:
1. Gambling License Exemption and Waiver of Notice Requirement – Good Shepherd
Church
D. Boards, Commissions, and Task Forces:
1. Receive and File Meeting Minutes – Environmental Commission – January 25, 2021
E. Approval of Bids, Quotes and Contracts:
1. Approve Contract with Watchguard Video to Purchase Body-Worn Cameras and
Software Upgrade
2. Approve 2021-2022 Police Sergeants (LELS Local 34) Agreement
F. Grants and Donations:
1. Approve Resolution No. 21-08 to Supporting Submittal of an Application to MPCA
for Minnesota GreenCorps Host Site
2. Approve Agreement with the Minnesota DNR and Approve Resolution No. 21-09 to
Accept the DNR Grant for the Briarwood Nature Area Habitat Restoration.
3. Items Removed From the Consent Agenda:
3F2. Approve Agreement with the Minnesota DNR and Approve Resolution No. 21-09 to Accept
the DNR Grant for the Briarwood Nature Area Habitat Restoration.
Council Member Fonnest thanked staff for the stellar job finding and brining in much needed
resources to Golden Valley.
Physical Development Director Nevinski highlighted the work of Drew Chirpich in acquiring grant
money for the City.
City of Golden Valley City Council Regular Meeting
March 2, 2021 – 6:30 pm
3
Motion by Fonnest, Second by Rosenquist to authorize the Mayor and City Manager to execute an
agreement with the Department of Natural Resources in the form approved by the City Attorney
and to approve Resolution No. 21-09 accepting a grant from the Minnesota DNR for the
Conservation Partners Legacy Grant Program for the Briarwood Nature Area Habitat Restoration.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
4. Public Hearing
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Second Consideration of Ordinance No. 704 - Amendment to City Code Chapter 6, Article II,
Section 6-33 Relating to Animal Control and Leashing and Approval of Resolution No. 21-10
Authorizing Summary Publication of Ordinance No. 704
Police Chief Sturgis presented the staff report, updated language of the ordinance, and answered
questions from Council.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Sanberg, Second by M. Harris to adopt Second Consideration of Ordinance No. 704 -
Amendment to City Code Chapter 6, Article II, Section 6-33 Relating to Animal Control and
Leashing.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 21-10 Approving Summary
Publication of Ordinance No. 704.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
B. COVID-19 Pandemic Emergency Administrative Action Nos. 21-2 and 21-3
City Attorney Maria Cisneros discussed the most recent emergency administrative actions.
Motion by Rosenquist, Second by Sanberg to ratify Emergency Administrative Action Nos. 21-2
and 21-3
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
C. Review of Council Calendar
City of Golden Valley City Council Regular Meeting
March 2, 2021 – 6:30 pm
4
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
D. Mayor and Council Communications
1. Other Committee/Meeting updates
Council Member Rosenquist announced the re-opening of the library.
7. Adjournment
Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 7:43 pm.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
REGULAR MEETING AGENDA
In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley
declared a local emergency under Minnesota Statute, section 12.37. In accordance with that
declaration, beginning on March 16, 2020, all meetings of the City Council held during the
emergency were conducted by telephone or other electronic means. As such, all votes are
conducted by roll call, so each member's vote on each issue can be identified and recorded pursuant
to Minnesota Stat. 13D.021.
The City used WebEx to conduct this meeting electronically. Members of the public were able to
monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org,
and by dialing in to the public call-in line. The public was able to participate in this meeting during
public comment sections, including the public forum, by dialing in to the public call-in line.
1. Call to Order
Mayor Harris called the meeting to order at 7:14 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian
Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, Physical Development Director Nevinski, City
Attorney Cisneros, Finance Director Virnig, City Engineer Oliver, Assistant City
Engineer Kakach, Environmental Resources Supervisor Eckman, and City Clerk
Schyma
C. Presentation of the Certificate of Achievement for Excellence in Financial Reporting
Mark Ebensteiner, State Representative for the Minnesota Government Finance Officers
Association and Finance Director from Brooklyn Center, presented the award to the City of
Golden Valley for the 2019 financial report.
The Council thanked Finance Director Virnig and staff for their diligent work in finance.
2. Additions and Corrections to Agenda
Motion by Sanberg, Second by M. Harris to approve the meeting agenda as submitted.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
March 16, 2021 – 6:30 pm
Meeting Held Virtually
City of Golden Valley City Council Regular Meeting
March 16, 2021 – 6:30 pm
2
3. Consent Agenda
Motion by Rosenquist, Second by Sanberg to approve the Consent Agenda as presented.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
A. Approval of City Check Register
B. Licenses:
1. General Business License – Amusement Devices
2. General Business License – Refuse and Recycling Vehicles
C. Boards, Commissions, and Task Forces:
1. Receive and File Meeting Minutes – Facilities Study Task Force – December 15, 2020
2. Receive and File Meeting Minutes – Facilities Study Task Force – January 19, 2021
3. Receive and File Meeting Minutes – Facilities Study Task Force – February 2, 2021
4. Receive and File Meeting Minutes – Rising TIDES Task Force – January 12, 2021
D. Approval of Bids, Quotes and Contracts:
1. Authorize Construction Agreement and Award Contract to Northwest Asphalt and
Maintenance for the 2021 Crack Sealing Project #20-05
2. Approve Annual Bobcat Equipment Trade-Out
3. Approve Purchase of an Unmarked Police Vehicle
4. Approve Golden Valley Youth Athletic Association Field Use Agreements
a. Armstrong–Cooper Girls Fast Pitch Association Field Use Agreement
b. Armstrong–Cooper Youth Baseball Association Field Use Agreement
c. Golden Valley Girls Softball Association Field Use Agreement
d. Golden Valley Little League Baseball Association Field Use Agreement
e. Park Valley United Youth Soccer Association Field Use Agreement
E. Grants and Donations:
1. Approve First Amendment to a Professional Services Agreement with Moxie
Consulting LLC regarding the Building Capacity Grant Project
2. Approve Resolution No. 21-11 and Funding Agreement for the Toward Zero Death
Grant Program
F. Approve Resolution No. 21-12 Supporting CommonBond Communities Application for
the Brownfield Gap Financing Program (BGFP)
G. Approve City Classification Structure Adjustments, Resolution No. 21-13
4. Public Hearing
A. Public Hearing - Text Amendments to Allow Rowhouses in the R-2 Zoning District:
1. Adopt Ordinance No. 705, Amending Section 113-1, Section 113-89, and Section 113-157
Allowing for the Construction of Rowhouses and Approval of Resolution No. 21-14 Authorizing
Summary Publication of Ordinance No. 705
2. First Consideration of Ordinance No. 706, Amending Section 109-123 - Allowing Owner-
Occupied Dwelling Units in Rowhouses
City of Golden Valley City Council Regular Meeting
March 16, 2021 – 6:30 pm
3
Planning Manager Zimmerman presented the staff report and answered questions from Council.
Mayor Harris opened the public hearing.
Cathy Waldhauser, 3220 Orchard Avenue North, had questions about minimum lot size
compared to single family homes. She also encouraged the City to look at these homes as a
chance for more affordable housing.
Ruth Paradise, 8515 Duluth Street, thanked staff for their work in looking at alternative housing
options.
Mayor Harris closed the public hearing.
Motion by Rosenquist, Second by Sanberg to adopt Ordinance #705, Amending Section 113-1,
Section 113-89, and Section 113-157 - Allowing for the Construction of Rowhouses.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Motion by Sanberg, Second by Rosenquist to adopt Resolution No. 21-14 Approving Summary
Publication of Ordinance No. 705
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Motion by Fonnest, Second by M. Harris to adopt First Consideration of Ordinance #706,
Amending Section 109-123 - Allowing Owner - Occupied Dwelling Units in Rowhouses.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
B. Public Hearing – Approve Resolution No. 21-15 Adopting and Confirming Assessments for
Various Public Improvements for Streets in the 2021 Pavement Management Area
Assistant City Engineer Kakach presented the staff report and answered questions from Council.
Mayor Harris opened the public hearing.
No callers requested to speak and no objection forms were submitted in-person at City Hall
during the public hearing.
Mayor Harris closed the public hearing.
Motion by Fonnest, Second by Sanberg to approve Resolution No. 21-15 Adopting and
Confirming Assessments for Various Public Improvements for Streets in the 2021 Pavement
Management Area.
City of Golden Valley City Council Regular Meeting
March 16, 2021 – 6:30 pm
4
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Authorize Construction Agreement and Award Contract to GHM Asphalt Cooperation for the
2021 Pavement Management Project #20-01
City Engineer Oliver and Assistant City Engineer Kakach presented the staff report, discussed the
timeline, and answered questions from Council.
Motion by Sanberg, Second by Rosenquist to authorize the Mayor and City Manager to execute a
construction agreement with GHM Asphalt Cooperation in the form approved by the City Attorney
for the 2021 Pavement Management Project #20-01 in the amount of $4,358,301.35.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
B. Award Contract for the Construction Engineering Services 2021 Pavement Management
Program with Short Elliott Hendrickson, Inc.
Motion by M. Harris, Second by Fonnest to authorize the Mayor and City Manager to execute a
professional services agreement with Short Elliott Hendrickson, Incorporated in the form
approved by the City Attorney for the observation, construction staking, and engineering services
on the 2021 PMP, for an amount not to exceed $228,000.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
C. First Consideration of Ordinance No. 707 Modifying Solid Waste and Recyclables Collection
Environmental Resources Supervisor Eckman presented the staff report and answered questions
from Council.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Rosenquist, Second by Sanberg to adopt First Consideration of Ordinance No. 707
Amending City Code Section 16 to Modify Solid Waste and Recyclables Collection.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
D. COVID-19 Pandemic Emergency Administrative Action Nos. 21-04
City of Golden Valley City Council Regular Meeting
March 16, 2021 – 6:30 pm
5
City Attorney Maria Cisneros discussed the most recent emergency administrative actions.
Motion by Sanberg, Second by Rosenquist to ratify Emergency Administrative Action No. 21-04
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
E. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
F. Mayor and Council Communications
1. Other Committee/Meeting updates
Council Member Rosenquist provided updates on the most recent Facilities Study Task Force and
Police Commission Task Force meetings.
7. Adjournment
Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 8:52 pm.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
REGULAR MEETING AGENDA
In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley
declared a local emergency under Minnesota Statute, section 12.37. In accordance with that
declaration, beginning on March 16, 2020, all meetings of the City Council held during the
emergency were conducted by telephone or other electronic means. As such, all votes are
conducted by roll call, so each member's vote on each issue can be identified and recorded pursuant
to Minnesota Stat. 13D.021.
The City used WebEx to conduct this meeting electronically. Members of the public were able to
monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org,
and by dialing in to the public call-in line. The public was able to participate in this meeting during
public comment sections, including the public forum, by dialing in to the public call-in line.
1. Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian
Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources Director
Santelices, Physical Development Director Nevinski, Police Chief Sturgis, Fire
Chief Crelly, City Attorney Cisneros, Planner Manager Zimmerman, City
Planner Campbell, Environmental Resources Supervisor Eckman, and City Clerk
Schyma
2. Additions and Corrections to Agenda
Motion by Sanberg, Second by Rosenquist to approve the meeting agenda as submitted.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
3. Consent Agenda
Motion by M. Harris, Second by Rosenquist to approve the Consent Agenda as revised: removal of
Items #3D51 - Approve Resolution No. 21-40 – Approve Memorandum of Understanding for
Community Health Internship with Normandale Community College and #3E1 - Approve Resolution
No. 21-16, Accepting Donation For a Park Bench Honoring Casey McDonald and Grace Coyne.
April 6, 2021 – 6:30 pm
Meeting Held Virtually
City of Golden Valley City Council Regular Meeting
April 6, 2021 – 6:30 pm
2
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
A. Approval of Minutes:
1. Joint Meeting with City Council and Boards/Commissions – February 23, 2021
2. Special City Council Meeting (Closed Session) – March 2, 2021
B. Approval of City Check Register
C. Boards, Commissions, and Task Forces:
1. Receive and File Meeting Minutes – Facilities Study Task Force – February 16, 2021
2. Receive and File Meeting Minutes – Environmental Commission – February 22, 2021
D. Approval of Bids, Quotes and Contracts:
1. Authorize Contract for Brush Pick-Up with Heartwood Tree Surgeons
2. Approve Purchase of Two Unmarked Police Vehicles
3. Approve Purchase of a Floor Scrubber/Sweeper from Tennant Company
4. Approve Twin City Tennis Camps Independent Contractor & Court Rental Agreement
5. Approve Memorandum of Understanding for Community Health Internship with Normandale
Community College
6. Approve 2021-2022 Police Patrol Officer’s (LELS Local 27) Agreement
7. Award Contract for 2021 Asphalt Microsurface Project, City Project #20-04, with Asphalt Surface
Technologies Corporation (ASTECH Corp)
E. Grants and Donations:
1. Approve Resolution No. 21-16, Accepting Donation For a Park Bench Honoring Casey McDonald
and Grace Coyne
F. Approve Resolution No. 21-17 Adopting Amendment to Employee Handbook
G. Approve Resolution No. 21-18 Authorizing the Revision of Municipal State Aid Street Routes
H. Approve Resolution No. 21-19 Appointing Tree Inspector
3. Items Removed From the Consent Agenda:
3D5. Approve Memorandum of Understanding for Community Health Internship with
Normandale Community College
Police Chief Sturgis and Deputy City Manager/Human Resources Director Santelices discussed the
report and job description.
Cindy Carow Schiebe, Normandale Community College, discussed the internship, what the role
involves, and what the benefits are to both parties and residents of Golden Valley.
Motion by Sanberg, Second by Rosenquist to approve the approve Memorandum of Understanding
with Normandale Community College.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
City of Golden Valley City Council Regular Meeting
April 6, 2021 – 6:30 pm
3
3E1. Approve Resolution No. 21-16, Accepting Donation For a Park Bench Honoring Casey
McDonald and Grace Coyne
Council Member Rosenquist expressed appreciation for the donation to the community.
Motion by Rosenquist, Second by Fonnest to Resolution No. 21-16 accepting the donation from the
McDonald Family for the addition of a park bench in the Laurel Avenue Greenbelt and trail area
honoring Casey McDonald and Grace Coyne.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
4. Public Hearing
A. Public Hearing and Consideration of Ordinance No. 708 Approval of Major PUD Amendment,
Carousel Auto PUD No. 95, Amendment #4 – 9191, 9393, 9595 Wayzata Boulevard and
Resolution No. 21-20 Authorizing Summary Publication of the Ordinance
City Planner Campbell presented the staff report and answered questions from Council.
Several individuals were present on behalf of the applicant and project team to answer
questions including Nguyen Hoang, Wayne Pisinski, Steve Sabraski, and Justin Weinberg.
The Council discussed the expansion of services, usage of frontage road, traffic impacts, snow
removal concerns, and the possibility to add items to the site for public benefit such as bike
racks or a public sculpture.
Mr. Pisinski responded to concerns raise by the Planning Commission.
Mayor Harris asked the applicant if the North lot were to receive approval but the Council
decided to hold on the South lot proposal, would the plan move forward on the North lot.
Mr. Pisinski responded yes, the plan is to move forward on the North lot. He stated they would
go back to the Planning Commission with a revised plan for the South lot because they do
believe it is essential to their business.
Planning Manager Zimmerman stated the language in the ordinance and resolution on tonight’s
agenda would not need to be altered prior to approval because the recommendation language
before the Council makes the distinction between the two lots.
Mayor Harris opened the public hearing. No one requested to speak. Mayor Harris closed the
public hearing.
City of Golden Valley City Council Regular Meeting
April 6, 2021 – 6:30 pm
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Motion by Fonnest, Second by Rosenquist to adopt Ordinance No. 708, Approval of Major PUD
Amendment, Carousel Auto PUD No. 95, Amendment #4, with the modifications noted in the staff
report.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Motion by Fonnest, Second by Rosenquist to adopt Resolution No. 21-20, Approving Summary
Publication of Ordinance No. 708.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Approve Carousel Auto PUD No. 95, Amendment #5 – 9191, 9393, 9595 Wayzata Boulevard
City Planner Myles Campbell presented the staff report and answered questions from Council.
Motion by Rosenquist, Second by Sanberg to approve the Carousel Auto PUD No. 95,
Amendment #5, and to authorize the Mayor and City Manager to sign the amended PUD Permit.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
B. Second Consideration of Ordinance No. 706, Amending Section 109-123 - Allowing Owner-
Occupied Dwelling Units in Rowhouses
Planning Manager Zimmerman presented the staff report and answered questions from Council.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Fonnest, Second by M. Harris to adopt Second Consideration of Ordinance No. 706,
Amending Section 109-123 - Allowing Owner-Occupied Dwelling Units in Rowhouses.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
C. Second Consideration of Ordinance No. 707 Modifying Solid Waste and Recyclables Collection
Environmental Resources Supervisor Eckman presented the staff report and answered questions
from Council.
Mayor Harris opened the item for public comment. No one requested to speak.
City of Golden Valley City Council Regular Meeting
April 6, 2021 – 6:30 pm
5
Motion by Sanberg, Second by Fonnest to adopt Second Consideration of Ordinance No. 707
Amending City Code Section 16 to Modify Solid Waste and Recyclables Collection.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
D. First Consideration of Ordinance No. 709 – Amendments to City Code Sections to Fireworks
and Dangerous Weapons and the Sale of Consumer Fireworks
Fire Chief Crelly presented the staff report and answered questions from Council.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Rosenquist, Second by Sanberg to adopt First Consideration of Ordinance No. 709 –
Amendment to City Code Sections 18-1, 20-24, and Creating New Sections 18-7 and 16-500
through 16-514, Relating to Fireworks and Dangerous Weapons and the Sale of Consumer
Fireworks.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
E. First Consideration of Ordinance No. 710, Amending City Code Section 2-43, Relating to Salary
Adjustments of Mayor and Council Members
City Clerk Schyma presented the staff report and answered questions from Council.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Rosenquist, Second by M. Harris to adopt first consideration of Ordinance No. 710
Amending City Code Section 2-43, relating to salary adjustments of Mayor and Council Members.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
F. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
D. Mayor and Council Communications
1. Other Committee/Meeting updates
7. Adjournment
Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 9:26 pm.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
City of Golden Valley City Council Regular Meeting
April 6, 2021 – 6:30 pm
6
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
REGULAR MEETING AGENDA
In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley
declared a local emergency under Minnesota Statute, section 12.37. In accordance with that
declaration, beginning on March 16, 2020, all meetings of the City Council held during the
emergency were conducted by telephone or other electronic means. As such, all votes are
conducted by roll call, so each member's vote on each issue can be identified and recorded pursuant
to Minnesota Stat. 13D.021.
The City used WebEx to conduct this meeting electronically. Members of the public were able to
monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org,
and by dialing in to the public call-in line. The public was able to participate in this meeting during
public comment sections, including the public forum, by dialing in to the public call-in line.
1. Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian
Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, Human Resources Director Santelices, City Attorney
Cisneros, Police Chief Sturgis, Fire Chief Crelly, Physical Development Director
Nevinski, City Attorney Cisneros, Finance Director Virnig, Equity and Inclusion
Manager Zackery, Environmental Resources Supervisor Eckman, Assistant City
Engineer Kakach, and City Clerk Schyma
2. Additions and Corrections to Agenda
Motion by Sanberg, Second by Rosenquist to approve the meeting agenda as submitted but asked
staff to provide an update on the events in Brooklyn Center as well as the Derek Chauvin murder
trial immediately after this vote.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Human Resources Director Santelices, Equity and Inclusion Manager Zackery, and Police Chief
Sturgis provide an update and facilitated a discussion regarding the recent events and unrest in
Brooklyn Center as well as the impacts of the Derek Chauvin murder trial.
3. Consent Agenda
April 20, 2021 – 6:30 pm
Meeting Held Virtually
City of Golden Valley City Council Regular Meeting
April 20, 2021 – 6:30 pm
2
Motion by Fonnest, Second by M. Harris to approve the Consent Agenda as revised: removal of
Items #3C5 - Board/Commission Appointments and Reappointments and #3H1 & 3H2 - Approve
Resolutions Authorizing the Redemption of General Obligation Bonds.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
A. Approval of Minutes:
1. Special City Council Meeting (Closed Executive Session) – April 6, 2021
2. Special City Council Meeting (Commissioner Interviews) – April 13, 2021
B. Approval of City Check Register
C. Boards, Commissions, and Task Forces:
1. Receive and File Meeting Minutes – Civil Service Commission – February 1, 2021
2. Receive and File Open Space and Recreation Commission (OSRC) 2020 Annual
Report and 2021 Work Plan
3. Receive and File Environmental Commission 2020 Annual Report and 2021 Work
Plan
4. Approve Resolution No. 21-21 Extending the Police Commission Task Force
5. Board/Commission Appointments and Reappointments
D. Approval of Bids, Quotes and Contracts:
1. Award Contract for 2021 Bike Lane Project and Laurel Avenue Mill and Overlay, City
Project No. 20-02, to GHM Asphalt Corporation
2. Award Contract for I-394 Inflow and Infiltration Phase 3, City Project No. 21-24, to SJ
Louis Construction, Inc.
E. Grants and Donations:
1. Approve Resolution No. 21-22, Accepting Donation For a Dog Bag Station at North
Tyrol Park
2. Approve Resolution No. 21-23, Accepting Donation For a Fishing Pole For the
Summer Youth Fishing Program
F. Receive and File Financial Reports From Previous Quarter
G. Approve Resolution No. 21-24 Authorizing Transfer From the General Fund
H. Approve Resolutions Authorizing the Redemption of General Obligation Bonds:
1. General Obligation Bonds, Series 2010A, Resolution No. 21-25
2. General Obligation Bonds, Series 2011A, Resolution No. 21-26
I. Approve Resolution No. 21-27 Providing For the Competitive Negotiated Sale of
$3,605,000 General Obligation Improvement Bonds, Series 2021A
J. Approve Temporary On-Sale Liquor License, Pending License and Insurance Verification –
Seltzerland Tasting Festival hosted by Forage Forward on May 15, 2021
K. Approve Resolution No. 21-29, Ordering No Parking Restrictions as part of 2021 Bike
Lane Project
3. Items Removed From the Consent Agenda:
City of Golden Valley City Council Regular Meeting
April 20, 2021 – 6:30 pm
3
3C5. Board/Commission Appointments and Reappointments
Council Member Fonnest thanked all applicants for their interest in serving their community.
Motion by Fonnest, Second by Rosenquist to reappoint all current commissioners included in the
Council report and to appoint Mary McCormick to a three-year term of the Human Services
Commission.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
3H1 - 3H2. Approve Resolutions Authorizing the Redemption of General Obligation Bonds:
1. General Obligation Bonds, Series 2010A, Resolution No. 21-25
2. General Obligation Bonds, Series 2011A, Resolution No. 21-26
Finance Director Virnig presented the City’s financial outlook and current debt. She highlighted the
City’s efforts at reducing its debt.
Motion by M. Harris, Second by Fonnest to approve the Resolution No. 21-25 Providing For the
Redemption of Certain Outstanding General Obligation Improvement Bonds, Series 2010A of the
City and Resolution No. 21-26 Providing For the Redemption of Certain Outstanding General
Obligation Improvement Bonds, Series 2011A of the City.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
4. Public Hearing
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Second Consideration of Ordinance No. 709 – Amendments to City Code Sections to Fireworks
and Dangerous Weapons and the Sale of Consumer Fireworks and Resolution No. 21-28
Authorizing Summary Publication of Ordinance No. 709
Fire Chief Crelly presented the staff report and answered questions from Council.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Rosenquist, Second by Sanberg to adopt Second Consideration of Ordinance No. 709 –
Amendment to City Code Sections 18-1, 20-24, and Creating New Sections 18-7 and 16-500
through 16-514, Relating to Fireworks and Dangerous Weapons and the Sale of Consumer
Fireworks.
City of Golden Valley City Council Regular Meeting
April 20, 2021 – 6:30 pm
4
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 21-28 Authorizing Summary
Publication of Ordinance No. 709.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
B. Second Consideration of Ordinance No. 710, Amending City Code Section 2-43, Relating to
Salary Adjustments of Mayor and Council Members
City Clerk Schyma presented the staff report and answered questions from Council.
Equity and Inclusion Manager Zackery spoke about Council salaries in relation to the City’s
current work for equity and inclusion.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Rosenquist, Second by Sanberg to adopt second consideration of Ordinance No. 710
Amending City Code Section 2-43, relating to salary adjustments of Mayor and Council Members.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
C. First Consideration of Ordinance No. 711, Amending City Code Chapter 8, Relating to
Emergency Management
Council Member Rosenquist asked for some changes to the language of the ordinance to
remove ambiguity in some phrases including “of major size and destruction.”
City Attorney Cisneros responded that changes would be made to the language before the
second reading of the ordinance based on Council direction.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Rosenquist, Second by Sanberg to adopt first consideration of Ordinance No. 711
Amending City Code Chapter 8, Relating to Emergency Management as amended by Council
direction.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
D. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
City of Golden Valley City Council Regular Meeting
April 20, 2021 – 6:30 pm
5
E. Mayor and Council Communications
1. Other Committee/Meeting updates
The Council stated that there are several openings for youth members on City commissions.
7. Adjournment
Motion by M. Harris, Second by Sanberg to adjourn the meeting at 9:05 pm.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
REGULAR MEETING AGENDA
In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden Valley
declared a local emergency under Minnesota Statute, section 12.37. In accordance with that
declaration, beginning on March 16, 2020, all meetings of the City Council held during the
emergency were conducted by telephone or other electronic means. As such, all votes are
conducted by roll call, so each member's vote on each issue can be identified and recorded pursuant
to Minnesota Stat. 13D.021.
The City used WebEx to conduct this meeting electronically. Members of the public were able to
monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org,
and by dialing in to the public call-in line. The public was able to participate in this meeting during
public comment sections, including the public forum, by dialing in to the public call-in line.
1. Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian
Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources Director
Santelices, Physical Development Director Nevinski, City Attorney Cisneros,
Finance Director Virnig, Equity and Inclusion Manager Zackery, Park
Maintenance Superintendent Lundstrom, Environmental Resources Supervisor
Eckman, Assistant City Engineer Kakach, Planner Manager Zimmerman, City
Planner Campbell, Environmental Specialist Chirpich, and City Clerk Schyma
C. Proclamation for Arbor Day and Arbor Month
Park Maintenance Superintendent Al Lundstrom presented an overview of the
proclamation. He also discussed the City receiving the 2020 Tree City USA Award and Tree
City Growth Award
Motion by Rosenquist, Second by Sanberg to proclaim May 5, 2021 as Arbor Day and May
2021 as Arbor Month in the City of Golden Valley, and urge all citizens to support efforts to
protect our trees and woodlands and to support our City’s urban forestry program.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed:
N/A)
May 4, 2021 – 6:30 pm
Meeting Held Virtually
City of Golden Valley City Council Regular Meeting
May 4, 2021 – 6:30 pm
2
2. Additions and Corrections to Agenda
Motion by Fonnest, Second by M. Harris to approve the meeting agenda as submitted.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
3. Consent Agenda
Motion by Fonnest, Second by Rosenquist to approve the Consent Agenda as revised: removal of
Items #3D6 - Approve Revised Memorandum of Understanding between the City of Golden Valley
and the Minneapolis Park and Recreation Board Regarding Theodore Wirth Park, #3D7 - Joint
Powers Agreement between Hennepin County and the City of Golden Valley regarding 911
Embedded Social Worker Program, #3E1 - Approve Resolution No. 21-30, Supporting Application to
the Pohlad Family Foundation for Reducing Harm Through Collaborative Solutions Grant, and #3F1
and #3F2 - Golden Valley Energy Action Plan and Plan Implementation.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
A. Approval of Minutes – Special City Council Meeting (Interview) – April 20, 2021
B. Approval of City Check Register
C. Boards, Commissions, and Task Forces:
1. Receive and File Meeting Minutes – Human Rights Commission – January 26, 2021
2. Receive and File Meeting Minutes – Environmental Commission – March 22, 2021
D. Approval of Bids, Quotes and Contracts:
1. Authorize Contract for Water Distribution Repairs with Valley Rich Co., Inc.
2. Authorize User Agreement with Hennepin County for Nearmap Aerial Imagery
3. Approve Construction Contract for the 2021 Briarwood Habitat Restoration Project
with Cardno, Inc.
4. Authorize Agreement and Award Contract for Native Vegetation Maintenance with
Minnesota Native Landscapes
5. Approve MicroMobility License with Bird Rides, Inc.
6. Approve Revised Memorandum of Understanding between the City of Golden Valley
and the Minneapolis Park and Recreation Board Regarding Theodore Wirth Park
7. Joint Powers Agreement between Hennepin County and the City of Golden Valley
regarding 911 Embedded Social Worker Program
E. Grants and Donations:
1. Approve Resolution No. 21-30, Supporting Application to the Pohlad Family
Foundation for Reducing Harm Through Collaborative Solutions Grant
F. Golden Valley Energy Action Plan and Plan Implementation:
1. Approve Golden Valley Energy Action Plan
2. Authorize a Memorandum of Understanding with Xcel Energy for Phase 2 Plan
Implementation
City of Golden Valley City Council Regular Meeting
May 4, 2021 – 6:30 pm
3
3. Items Removed From the Consent Agenda:
3D6. Approve Revised Memorandum of Understanding between the City of Golden Valley and
the Minneapolis Park and Recreation Board Regarding Theodore Wirth Park
City Manager Cruikshank discussed why the MOU was revised and appearing again before the
Council.
Motion by Rosenquist, Second by Sanberg to approve the revised Memorandum of Understanding
between the City of Golden Valley and the Minneapolis Park and Recreation Board Regarding
Theodore Wirth Regional Park in the form approved by the City Attorney.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
3D7. Joint Powers Agreement between Hennepin County and the City of Golden Valley
regarding 911 Embedded Social Worker Program
Human Resources Director Santelices and Police Chief Sturgis stated they are excited for this
program to begin. The program will help response time, follow-up, and provide resources for
residents. They thanked Commissioner Fernando for reaching out to Golden Valley.
Bill Emory, staff for Hennepin County Commissioner Fernando, read a statement from
Commissioner Fernando in appreciation of the partnership in this agreement.
Motion by Sanberg, Second by Rosenquist to approve Joint Powers Agreement between Hennepin
County and the City of Golden Valley regarding 911 embedded social worker program in the form
approved by the City Attorney.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
3E1. Approve Resolution No. 21-30, Supporting Application to the Pohlad Family Foundation for
Reducing Harm Through Collaborative Solutions Grant
City Planner Campbell discuss the grant process and possibilities for Golden Valley if a grant is
awarded.
Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 21-30 Supporting Application
to the Pohlad Family Foundation for Reducing Harm Through Collaborative Solutions Grant
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
3F1 – 3F2. Golden Valley Energy Action Plan and Plan Implementation:
City of Golden Valley City Council Regular Meeting
May 4, 2021 – 6:30 pm
4
1. Approve Golden Valley Energy Action Plan
2. Authorize a Memorandum of Understanding with Xcel Energy for Phase 2
Plan Implementation
Environmental Resources Supervisor Eckman and Mike Holsinger, Community Energy Planner for
Minnesota Center for Energy and Environment – MNCEE, discussed the community plan.
Tami Gunderzik and Michelle Swanson of Xcel Energy were also in attendance.
The Council consensus was they are excited for the plan and happy that there are measurable action
steps and goals.
The Environmental Commission members and Partners in Energy (PIE) team members were
recognized.
Motion by Fonnest, Second by Sanberg to approve the Energy Action Plan
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Motion by Fonnest, Second by Rosenquist to authorize the City Manager to enter into a
Memorandum of Understanding with Xcel Energy for Phase 2 Plan Implementation in a form
approved by the City Attorney.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
4. Public Hearing
A. Public Hearing to Vacate an Alley Easements North of Manor Drive between Zenith Avenue
North and Xerxes Avenue North, Resolution No. 21-31
Assistant City Engineer Kakach presented the staff report and answered questions from Council.
Mayor Harris opened the public hearing. No one requested to speak. Mayor Harris closed the
public hearing.
Motion by M. Harris, Second by Sanberg to a adopt Resolution No. 21-31 Vacating Alley
Easements North of Manor Drive between Zenith Avenue North and Xerxes Avenue North.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
B. Public Hearing to Approve a Major PUD Amendment for Hidden Lakes PUD #74 – 1300 Hidden
Lakes Parkway, Ordinance No. 712 and Adopt Resolution No. 21-32 Approving Summary
Publication of Ordinance No. 712
City of Golden Valley City Council Regular Meeting
May 4, 2021 – 6:30 pm
5
Planning Manager Zimmerman presented the staff report and answered questions from Council.
David Garman, Director of Design &Construction for Select Medical (Regency Hospital),
discussed the history of the building, limitations of current space, the need to modernize the
space to improve the level/quality of medical care provided to patients, and the details of their
application.
Jeff Eisenberg, Hidden Lakes Homeowner’s Association Board of Directors, discussed the
negotiations process with the hospital.
Scott Booher, Hidden Lakes Homeowner’s Association Board of Directors, discussed the
engagement/feedback process with their homeowners.
The Council discussed road maintenance, snow/ice issues, increased traffic concerns, difficulty
of doing an accurate traffic study during a pandemic, security along property lines, emergency
vehicles, noise from sirens, making it a priority to mend the damaged fencing immediately,
landscaping plans, and any energy efficiency initiatives that would part of the proposed
renovations.
Mayor Harris opened the public hearing.
David Barry, 1385 Waterford Drive, wanted to raise the issue of the northern third of Waterford
Drive that has direct views onto the parking lot and whether or not it has been considered to
extend the wall approximately 30-45 feet to provide more privacy to neighbors.
Patrick Lewis, 1750 Waterford Court, does not believe that Regency has been a good steward in
respect to traffic, speeding, behavior, trash, and security issues in the past. He also stated there
are more emergency vehicles than are being reported and that it is a narrow residential road
not meant for commercial vehicles especially during the winter with snow/ice issues buildup. He
further has issues with the durability of the agreement that was reached.
Paul Pink, 1405 Waterford Drive, suggested eliminating five parking spaces to create more of a
barrier near the wall for safety and privacy concerns.
William Howard, 1339 Waterford Drive, rebutted Mr. Lewis’s statement about the durability of
the agreement; there was a need for the agreement because the HOA really didn’t have any
protection before. He further stated the road was built with the hospital in mind.
Mayor Harris closed the public hearing.
Mayor Harris said it would help residents feel safer if Mr. Garman would send a written
commitment to staff in the coming week that the fence will be mended immediately.
City of Golden Valley City Council Regular Meeting
May 4, 2021 – 6:30 pm
6
Mr. Garman said they will make that commitment because they are in this for the long haul and
they want to be good neighbors.
Council Member Harris stated that this is a complex issue but he is supportive of the proposal.
He also likes that the HOA now has an agreement with the hospital to help hold them
responsible in being good neighbors. The proposal is not perfect but it is progress.
Motion by Fonnest, Second by Rosenquist to adopt Ordinance No. 712, Approval of Major PUD
Amendment, Hidden Lakes P.U.D. No. 74, Amendment #8, with the addition of Section 1, Item
#1e - Working with staff to develop a landscaping plan for the north side of the parking lot to
address concerns around headlight glare.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 21-32, Approving Summary
Publication of Ordinance No. 712.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
C. Public Hearing Regarding Amendments for Golden Valley Country Club:
1. Approve Resolution No. 21-33, Future Land Use Map Amendment for a portion of the
property at 7001 Golden Valley Road
2. Approve Ordinance No. 713, Zoning Map Amendment for a portion of the property at
7001 Golden Valley Road
City Planner Campbell presented the staff report and answered questions from Council.
Melanie Dunleavy, Chairperson of the Golden Valley Country Club, spoke about the proposed
development.
LJ Rothman and Mike Waldo, representing the Golden Valley Country Club, also discussed details
of the proposal.
Mayor Harris opened the public hearing. No one requested to speak. Mayor Harris closed the
public hearing.
After continued Council discussion, it was discovered that some residents had issues accessing the
call center. Council consensus was to reopen the public hearing in order to receive comments from
those residents.
Mayor Harris re-opened the public hearing.
City of Golden Valley City Council Regular Meeting
May 4, 2021 – 6:30 pm
7
Eric Brandt, 7400 Plymouth Avenue North, believes the homes would be nicely built but he is
very concerned with squeezing more homes into the area and reducing the green space and
natural feel of the area. He believes there is more downside to this proposal than upside.
Joseph Forster, 1316 Kelly Drive, stated he is concerned with removing green space, and
increased traffic. He believes the Golden Valley Country Club are great neighbors but does not
agree with this proposal.
Sara Greethurst, 1205 Pennsylvania Avenue North, stated she is also representing some of her
fellow neighbors who were unable to attend the hearing due to the late hour. They are against
this proposal for many of the reasons already stated in the hearing and because she does not
believe it is in agreement with the City’s 2040 plan.
Mayor Harris closed the public hearing.
City Planner Campbell discussed the process in regards to tabling the ordinance and about the
approval needed by the Met Council.
Council Member Rosenquist stated she still has some concerns with the proposal.
Council Member Sanberg commented that her main hesitations are in the reduction in green
space and tree removal.
Motion by Fonnest, Second by M. Harris to adopt Resolution No. 21-33, Amendment to the
Future Land Use Map to designate a Portion of the Property at 7001 Golden Valley Road for Low
Density Residential Use.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Motion by Fonnest, Second by Rosenquist to table the adoption of Ordinance No. 713,
Amending the Zoning Map to change the zoning designation for the proposed parcel as
described in the land survey from Institutional Sub-district I-4, to Single Family Residential R-1,
until the change in land use has been reviewed by the Metropolitan Council.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
5. Old Business
6. New Business
All Ordinances listed under this heading are eligible for public input.
A. Resolution No. 21-34 Awarding the Sale of $3,420,000 General Obligation Improvement Bonds,
Series 2021A
City of Golden Valley City Council Regular Meeting
May 4, 2021 – 6:30 pm
8
Finance Director Virnig presented the staff report and answered questions from Council.
Elizabeth Bergman, BakerTilly, discussed the bond sale process.
Motion by M. Harris, Second by Fonnest to adopt Resolution No. 21-34 Awarding the Sale
$3,420,000 General Obligation Improvement Bonds, Series 2021A Fixing Their Form and
Specifications: Directing Their Execution and Delivery; and Providing for Their Payment.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
B. Second Consideration of Ordinance No. 711, Amending City Code Chapter 8, Relating to
Emergency Management and Adopt Resolution No. 21-35 Approving Summary Publication of
Ordinance No. 711
City Attorney Cisneros presented the staff report and answered questions from Council.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by Sanberg, Second by Rosenquist to second consideration of Ordinance No. 711
Amending City Code Chapter 8, Relating to Emergency Management.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 21-35 Authorizing Summary
Publication of Ordinance No. 711.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
C. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
D. Mayor and Council Communications
1. Other Committee/Meeting updates
Council Member Rosenquist discussed a recent Police Commission Task Force community
engagement session.
Mayor Harris encouraged residents to keep wearing their masks and to get vaccinated, if they are
able, in hopes of bringing an end to this pandemic.
7. Adjournment
City of Golden Valley City Council Regular Meeting
May 4, 2021 – 6:30 pm
9
Motion by Rosenquist, Second by M. Harris to adjourn the meeting at 11:36 pm.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
________________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________________
Theresa J. Schyma, City Clerk
REGULAR MEETING AGENDA
In light of the recently declared COVID-19 health pandemic, the Mayor of the City of Golden
Valley declared a local emergency under Minnesota Statute, section 12.37. In accordance with
that declaration, beginning on March 16, 2020, all meetings of the City Council held during the
emergency were conducted by telephone or other electronic means. As such, all votes are
conducted by roll call, so each member's vote on each issue can be identified and recorded
pursuant to Minnesota Stat. 13D.021.
The City used WebEx to conduct this meeting electronically. Members of the public were able to
monitor the meetings by watching it on Comcast cable channel 16, by streaming it on
CCXmedia.org, and by dialing in to the public call-in line. The public was able to participate in
this meeting during public comment sections, including the public forum, by dialing in to the
public call-in line.
1. Call to Order
Mayor Harris called the meeting to order at 6:30 pm.
A. Pledge of Allegiance
B. Roll Call
Present: Mayor Shep Harris, Council Members Larry Fonnest, Maurice Harris, Gillian
Rosenquist and Kimberly Sanberg
Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources Director
Santelices, Equity and Inclusion Manager Zackery, Physical Development
Director Nevinski, City Attorney Cisneros, Planning Manager Zimmerman,
Assistant City Engineer Kakach, Public Works Director Kieffer, and City Clerk
Schyma
C. Proclamation Recognizing the 10th Anniversary of the Golden Valley Community Foundation
City Manager Tim Cruikshank presented an overview of the proclamation.
The Council expressed appreciation to Dean Penk, Founding Member and Board Chair, of the
Golden Valley Community Foundation for their amazing contributions to the community.
Motion by Fonnest, Second by Sanberg to 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.
May 18, 2021 – 6:30 pm
Meeting Held Virtually
City of Golden Valley City Council Regular Meeting
May 18, 2021 – 6:30 pm
2
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed:
N/A)
D. Proclamation Recognizing Public Works Week
Public Works Director Tim Kieffer discussed the proclamation and recent activities of the
Public Works Department.
Motion by M. Harris, Second by Rosenquist to proclaim 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.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed:
N/A)
2. Additions and Corrections to Agenda
Motion by Rosenquist, Second by Sanberg to approve the meeting agenda as submitted.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
3. Consent Agenda
Motion by Fonnest, Second by Rosenquist to approve the Consent Agenda as revised:
removal of Items #3C3 - Authorize Professional Services Agreement with CivicPlus for
Implementation of the 2021 Website Redesign and Development Services and #3D1 - Approve
Resolution No. 21-36 - Accepting Donation for a Tree in Brookview Park.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed:
N/A)
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
City of Golden Valley City Council Regular Meeting
May 18, 2021 – 6:30 pm
3
3. Authorize Professional Services Agreement with CivicPlus for Implementation of the
2021 Website Redesign and Development Services
4. Theodore Wirth Park Public Safety Memorandum of Understanding with
Minneapolis Park Police
D. Grants and Donations:
1. Approve Resolution No. 21-36 - Accepting Donation for a Tree in Brookview Park
2. Approve Resolution No. 21-37 - Authorizing Application for the 2020 Metropolitan
Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program
E. Approve City Classification Structure Adjustments, Resolution No. 21-38
3. Items Removed From the Consent Agenda:
3C3. Authorize Professional Services Agreement with CivicPlus for Implementation of the
2021 Website Redesign and Development Services
Communications Director Weiler presented the staff report.
Hector Ortega, CivicPlus, provided background of the company and demonstrated features of the
future website updates.
Council suggested adding the AudioEye ADA component for visually impaired guests.
City Manager Cruikshank responded that the addition of AudioEye will be handled
administratively.
Motion by Fonnest, Second by Sanberg 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.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
3D1. Approve Resolution No. 21-36 - Accepting Donation for a Tree in Brookview Park
Council Member Rosenquist thanked the Osbek family for their contribution to the community.
Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 21-36 accepting the
donation from the Osbeck Family for the addition of a tree in Brookview Park to honor of Violet
Osbeck.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
4. Public Hearing
City of Golden Valley City Council Regular Meeting
May 18, 2021 – 6:30 pm
4
A. Public Hearing to Vacate Alley Easements West of Hillsboro Avenue North Between Earl
Street and Duluth Street, Resolution No. 21-39
Assistant City Engineer R.J. Kakach presented the staff report, explained the process of alley
vacation, and answered questions from Council.
Mayor Harris opened the public hearing. No one requested to speak. Mayor Harris closed the
public hearing.
Motion by M. Harris, Second by Rosenquist to adopt Resolution No. 21-39 Vacating Alley
Easements West of Hillsboro Avenue North between Earl Street and Duluth Street
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
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
Planning Manager Jason Zimmerman presented the staff report.
Dr. Nik Lightfoot, ISD 270 Assistant Superintendent, discussed the project including
design, use, space, and traffic concerns at the school.
Neil Tessier, representing Hopkins Public Schools, specifically discussed parking and green
space. He added that there would be an 86 car increase in queue space for student pick-
up/drop-off with the proposed plans.
Council Member Fonnest stated he does not believe there is an immediate need for a
Council decision on this item tonight. He would like to remain consistent and utilize the
Planning Commission as a recommending body so he is in favor of sending the proposal
back to the Planning Commission.
Council Members Sanberg and Rosenquist agreed with Council Member Fonnest and
added that since particulars are still being decided, they believe the proposal should have
more concrete details before it comes back to the Council.
Motion by Rosenquist, Second by M. Harris 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 of Golden Valley City Council Regular Meeting
May 18, 2021 – 6:30 pm
5
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg.
Opposed: N/A)
B. First Consideration of Ordinance No. 714, Amending City Code Chapter 2 - Replacing the
Human Rights Commission with a Diversity, Equity, and Inclusion Commission
Kirsten Santelices, Human Resources Director/Human Rights Commission Staff Liaison,
and Kiarra Zackery, Equity and Inclusion Manager, presented the report
Commission Member Ruth Paradise discussed the process that has taken place over the
past year.
Mayor Harris opened the item for public comment. No one requested to speak.
Motion by M. Harris, Second by Sanberg to adopt first consideration of Ordinance No. 714,
Amending City Code Chapter 2 – Replacing the Human Rights Commission with a Diversity,
Equity and Inclusion Commission.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed:
N/A)
C. Review of Council Calendar
Mayor Harris reviewed upcoming city meetings, events, and holiday closures.
D. Mayor and Council Communications
1. Other Committee/Meeting updates
Council Member Rosenquist provided an update regarding the ongoing discussions
with the Minneapolis Parks and Recreation Board and the issues involving Theodore
Wirth Park.
7. ADJOURNMENT
Motion by Rosenquist, Second by Fonnest to adjourn the meeting at 9:06 pm.
Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A)
________________________________
ATTEST: Shepard M. Harris, Mayor
_________________________________
Theresa J. Schyma, City Clerk
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
3. B. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Financial Or Budget Considerations
The check register has a general ledger code as to where the claim is charged. At the end of the
register is a total amount paid by fund.
Recommended Action
Motion to authorize the payment of the bills as submitted.
Supporting Documents
Document is located on city website at the following location:
http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=876916&dbid=0&repo=GoldenValley
The check register for approval:
• 06-24-21 Check Register
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
3. C. 1. Accept Resignations from the DEI commission
Prepared By
Tara Olmo, Assistant to the City Manager´s Office
Summary
Commissioners Jonathan Burris and Brad Taylor-White have submitted their resignations from the DEI
Commission.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to accept the resignations of Jonathan Burris and Brad Taylor-White from the DEI Commission.
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
3. D. 1. Approve Purchase of Security Equipment
Prepared By
Tim Kieffer, Public Works Director
Jason Sturgis, Police Chief
Summary
The Building Security Committee, which includes staff from Police, Park and Recreation, IT, and Public
Works, review and prioritize upgrades to the City’s security system. Recent activity has increased the
need to purchase additional equipment. The committee proposes to purchase equipment to upgrade
door access to two remote facilities and add cameras to two remote locations.
The equipment can be reused or relocated in the future if needs or facilities change. Staff received the
following quotes for the equipment:
Ideacom Mid-America $31,799.00
RCN Technologies $5,504.89
Financial Or Budget Considerations
The total cost of the equipment is $37,303.89. The Building Capital Improvement Plan (CIP) includes
$30,000 for Installation of Building Security Systems (B-027). The amount over budget will come from
reserves within the Building CIP.
Recommended Action
Motion to approve purchase of security equipment from Ideacom Mid-America in the amount of
$31,799.
Motion to approve purchase of security equipment from RCN Technologies in the amount of
$5,504.89.
Supporting Documents
• Quote from Ideacom Mid-America (2 pages)
• Quote from RCN Technologies (3 pages)
Date:
No.: 15068
6/11/2021
QuoteIdeacom Mid-America
Phone: 651-292-0102
Fax: 651-292-0144
30 West Water St
St. Paul, MN 55107
Prepared for:Prepared by: Haley Mruz
Account No.: 11438
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427 U.S.A.
Quantity TotalSellUOMItem ID Description
This quote is in (3) sections
Section 1: Furnish Only - (4) Verkada outdoor cameras; (3) Fisheye cameras along with (3) angle mount kits
and 10-year licenses for the cameras. - Product will be shipped directly to customer.
EACD61-30E-HW Verkada CD61 Outdoor, 4K, Zoom
Lens, 30 days of storage
$4,481.56 4 $1,120.39
EAD80-30-HW Verkada Indoor/Outdoor Fisheye
Camera, 12MP, Fixed Lens, 30 days of
storage
$3,991.77 3 $1,330.59
EALIC-10Y Command Cloud Service - 10 Year
License Per Verkada Camera
$7,842.73 7 $1,120.39
EAACC-MNT-7 Verkada Angle Bracket $313.20 3 $104.40
EAMiscellaneousShipping and Handling $172.62 1.00 $172.62
Section 2: Ideacom Mid-America to provide and install (1) door controller to cover (2) doors at the Fire Station 2 location.
This will also come with battery backup and 10-year licenses for each door.
Assumptions:
*Existing Door access installed on the 2 doors, site has a network drop for Door controller in same room as existing door
access. Ideacom to reuse existing wiring and door hardware.
EAAC41-HW Verkada AC41 4 Door Controller $1,120.39 1 $1,120.39
EAS-ACC-PVC 3xLogic PVC Access Control Proximity
Card
$35.00 10 $3.50
EALIC-AC-10Y Verkada 10 Year Door License $2,801.32 2 $1,400.66
EAMiscellaneousACC-BAT-4AH Verkada 4AH Backup
Battery
$69.37 1.00 $69.37
EAMiscellaneousShipping and Handling $84.48 1.00 $84.48
HRInstallation Labor
Standard
Installation Labor Standard $3,388.00 1.00 $3,388.00
Section 3: Ideacom Mid-America to provide and install (1) door controller to cover (2) doors at the Fire Station 3 location.
This will also come with battery backup and 10-year licenses for each door.
Assumptions:
*Existing Door access installed on the 2 doors, site has a network drop for Door controller in same room as existing door
access. Ideacom to reuse wiring and existing door hardware.
EAAC41-HW Verkada AC41 4 Door Controller $1,120.39 1 $1,120.39
EAS-ACC-PVC 3xLogic PVC Access Control Proximity
Card
$35.00 10 $3.50
quote.rpt Page 1Printed: 6/11/2021 3:18:24PM
6/11/2021Date:
15068No.:
Quote
Quantity TotalSellUOMItem ID Description
EALIC-AC-10Y Verkada 10 Year Door License $2,801.32 2 $1,400.66
EAMiscellaneousACC-BAT-4AH Verkada 4AH Backup
Battery
$69.37 1.00 $69.37
EAMiscellaneousShipping and Handling $84.48 1.00 $84.48
HRInstallation Labor
Standard
Installation Labor Standard $3,388.00 1.00 $3,388.00
Your Price:$31,799.00
EMAIL PO's to: clientexperience@idea-ma.com Total:$31,799.00
Prices are firm until 12/8/2021 Terms: Net 10
Prepared by:Haley Mruz, hmruz@idea-ma.com Date: 6/11/2021
Product Return Policy
Provided Ideacom has return rights with its manufacturers/suppliers, Ideacom will accept the return of products as long as
they are returned within THIRTY (30) DAYS. To qualify for product return, products must be in unopened, undamaged,
original manufacturer packaging.
All returns that are not received in unopened, undamaged, original manufacturer packaging may be subject to a 20%
restocking fee and are returned to Ideacom at your expense. Credit will be issued at current pricing.
All Software, Licenses and Subscriptions sales are final and not eligible for return
Date: 07-06-2021Accepted by:
Shepard M. Harris, Mayor
Disclaimer
Quotes are valid for only 30 days. (unless otherwise noted)quote.rpt Page 2Printed: 6/11/2021 3:18:24PM
1
Print Name: SHEPARD M. HARRIS
Title: MAYOR Date : 07-06-2021
Estimate Date :06/09/2021
Sales person :Reed Perryman
Terms :Net30
RCN Technologies
200 Jennings Ave.
Knoxville, Tennessee, 37917
865-293-0350
Estimate
Estimate# 865-017788
Bill To
City of Golden Valley (MN)
7800 Golden Valley Rd
Golden Valley Rd, MN, 55427
Ship To
7800 Golden Valley Rd
Golden Valley Rd, MN, 55427
# Item & Description Qty Rate Amount
1 5-yr NetCloud Ruggedized IoT Essentials Plan
and IBR900 router with WiFi (1000Mbps
modem), with AC power supply and antennas,
North America
SKU : TC05-0900120B-NN
5-yr NetCloud Ruggedized IoT Essentials Plan
and IBR900 router with WiFi (1000Mbps
modem), with AC power supply and antennas,
North America
3.00
Each
1,189.99 3,569.97
2 BLACK BOX Gigabit Ethernet (1000-Mbps)
Extreme Temperature PoE+ Switch
SKU: LPH3061A
(4) 10/100-Mbps Copper RJ45 PoE+, (1) 10/100
/1000-Mbps Copper RJ45, (1) 1000-Mbps SFP;
panel mount included
3.00 269.99 809.97
3 LPAM-BC3G-26-1SP
SKU : LPAM-BC3G-26-1SP
Frequencies : 698-960/1710-3800MHz
Cabling : 3ft (1m) of RG174 with SMA Plug (x2),
NO GPS
Color : BLACK
Mounting Style : Bolt Mount (3/4" diameter x 1"
thread length)
Footprint : 5.9" x 1.77"
2.00
Each
47.99 95.98
4 2.00 239.99 479.98
2
Print Name: SHEPARD M. HARRIS
Title: MAYOR Date : 07-06-2021
Sub Total 5,405.89
Shipping charge 99.00
Total $5,504.89
Items in Total 14.00
# Item & Description Qty Rate Amount
10x8x5 Inch UL® Listed Weatherproof NEMA 4X
Enclosure with Blank Aluminum Mounting Plate
SKU: NB100805-KIT
-Fully gasketed raised lid & integral mounting
flange
-Includes blank aluminum mounting plate
-UL® Listed Molded fiberglass reinforced
polyester enclosure
-NEMA Type 4X / IP65 rated
-Stainless steel quick release latch with padlock
hasps
5 TechLab Internal Setup and Configuration
SKU : TL-NRC-INT-SETUP
RCN TechLab Set up and configuration per
device.
- Can be configured remotely.
- Appointment required for remote Setup.
-Kit SIM, activate, bench test, and configure
device
-Mount router and switch in NEMA enclousure
-Affix antenna to top of NEMA enclosure
-Attach pole mount brackets to kit
3.00
Each
50.00 150.00
6 RCN Building MIMO Omni 30 ft Kit
SKU : BK-2-BW-30
RCN Omni-Directional MIMO 2xCELL LTE XLTE
AWS Antenna w (2) 1 ft Nf Cables- Includes (2) 30
ft Cables with Nm to SMAm Connectors and L-
Bracket
1.00
Each
299.99 299.99
Notes
Additional kits will ship at $50 a kit from RCN's provisioning warehouse in Knoxville, TN.
Please Remit To:
RCN Technologies -C/O U.S. Bank TFM Lockbox
PO Box 860573
Minneapolis, MN 55486-0573
Reference: RCN A/C 221414000
Looking forward to working with you in the future. Have a great day!
Terms & Conditions
- All items must be returned within 30 days of purchase.
- All equipment is subject to a 20% restocking fee.
- Payment Due Net 30 from the ship date for all goods. No exceptions.
3
Print Name:____________________________________
Title:______________________________________________ Date :_______________________________
- Orders containing Installation or other services may be billed/collected separately. Return
Policy:
http://rcntechnologies.com/returns/
Authorized Signature
SHEPARD M. HARRIS, MAYOR
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
3. D. 2. Approve Purchase of Three Ford F-550 Trucks
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Superintendent
Summary
Staff replaces City vehicles routinely to keep the fleet in good working condition and stabilize the
budgetary impact from year to year. Staff evaluates vehicles and equipment on an annual basis to
determine replacement programing.
The vehicles scheduled for replacement meet the criteria set forth in the City’s Vehicle Replacement
Policy and Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment
scheduled for replacement. Below is a summary of the ratings:
Vehicle Condition Index
Qualifies for Replacement
23-27
Needs Immediate Consideration
28 and above
Vehicle Unit No. Year/Make/Model VCI
Park Maintenance Hook Truck 480 2011 Ford F-550 Hook Truck 30
Utility Maintenance Hook Truck 690 2010 Ford F-550 Hook Truck 29
Street Maintenance Hook Truck 791 2010 Ford F-550 Hook Truck 31
Each truck chassis will be equipped with a hook system that allows multiple body attachments to be
utilized creating efficiencies and cost savings.
Staff recommends purchasing the vehicles and hook systems from the state contract through the State
of Minnesota’s cooperative purchasing venture (CPV). Staff proposed to use contract numbers 195277
and 184012.
City Council Regular Meeting Executive Summary
City of Golden Valley
July 6, 2021
2
Financial Or Budget Considerations
The 2021 Vehicles and Equipment Capital Improvement Program includes $165,000 for the purchase of
the Park and Street Maintenance vehicles (V&E-029 and V&E-146 respectfully). The cost of each
vehicle is $83,907.90 for a total of $167,815.80.
The 2021 Water & Sewer Systems CIP includes $85,000 for the purchase of the Utility Maintenance
vehicle (W&SS-004). The total cost for the truck is $81,914.90.
Recommended Action
Motion to approve purchase of three F-550 cab and chassis from Boyer Ford Trucks in the amount of
$120,836.70.
Motion to approve purchase of three Swaploader hook systems and dump boxes from Towmaster
Truck Equipment in the amount of $128,894.
Supporting Documents
• Boyer Ford Trucks Quote (1 page)
• Towmaster Truck Equipment Quotes (6 pages)
Name:Date:June 23, 2021
Address:Expected Delivery:30+ Weeks
City:Golden Valley State MN ZIP 55427 Order Cut-Off Date:TBD
Phone:Rep Koolmo
Order Code Description Price
Body Code:2022 F-550 Chassis 4x4 SD Regular Cab 35,877.90$
F5H 169" WB DRW XL (F5H)
Color:Oxford White
Trim:HD Vinyl 40/20/40 Split Bench Seat; Medium Earth Gray
Equip Group:660A
Engine:7.3L 2V DEVCT NA PFI V8 Gas
Transmission:TorqShift 10-Speed Automatic
Option Code:
X8L Limited Slip w/4.88 Axle Ratio 327.00$
68M 19,500 lb Payload Plus Upgrade Package 1,051.00$
TGK 225/70Rx19.5G BSW Traction 195.00$
512 Spare Tire, Wheel & Jack 319.00$
90L Power Equipment Group 832.00$
473 Snow Plow Prep Package 228.00$
41H Engine Block Heater 91.00$
62R Transmission Power Take-Off Provision 255.00$
86M Dual 78 AH Battery 191.00$
67B 397 Amp Alternators 104.00$
63A Utility Lighting System 145.00$
52B Trailer Brake Controller 245.00$
872 Rear View Camera & Prep Kit 377.00$
942 Daytime Running Lamps 41.00$
Total:40,278.90$
# of Units 3
Grand Total 120,836.70$
City of Golden Valley (Marshall Beugen)
7800 Golden Valley Road
763.593.8085
Quote
2425 Broadway St NE Minneapolis, MN 55413 ( 612) 378-6000
ACCEPTED BY:____________________________
SHEPARD M. HARRIS, MAYOR
TRKQT3
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by:_____________________
SHEPARD M. HARRIS
MAYOR
Date:
07-06-2021
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
finance@goldenvalleymn.gov
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 64225
NET 30 DAYS 4/06/21 6/30/21
3001
Order Comments: STATE OF MN CONTRACT
#184012
Build Instructions F.O.B. LITCHFIELD, MN
Other Instructions **NOTE: CONTRACT PRICING VALID THRU 10/31/21
Qty Part No.Description Price Ea. Net Amt.
1 1997228 - Body 9'6" FSS w/15" high 12 ga SS Fold-Down Sides, 21" high $9,196.00 $9,196.00
10 ga SS Lever Top Pin release Tailgate, 40" high 10 ga SS
Front, & 3/16" Hardox-450 floor. (NO lights or Cabshield). 12 VDC
Tailgate trip release included. Mill finish exterior, with underside
blasted, seam-sealed, primed and painted gloss black. **NOTE: BODY
LENGTH WILL BE CHANGED TO 10' AT NO EXTRA CHARGE TO ACCOMODATE
A-FRAME & HOOKLIFT APPLICATION, IN LIEU OF 9'6"
1 9905760 - HOOK 100 SERIES 10' SUB-FRAME With Rollers $1,912.00 $1,912.00
**NOTE: A-FRAME WILL BE INCORPORATED INTO THE UNDERSTRUCTURE AND
ATTACHED TO THEFRONT PANEL OF THE DUMP BODY, PAINTED GLOSS BLACK.
1 9904124 - Hoist, SWAPLOADER SL-105 (12H55) Fixed 35-5/8" jib, 10,500# $15,332.00 $15,332.00
capacity hooklift hoist, w/Factory Hydraulics, including 2
function Valve, Cable Control System, Reservoir, Hoses, & Fittings
1 SPECIAL REQUEST - Special Request Charges for:$770.00 $770.00
SWAPLOADER EVH-105 Electric Over Hydraulic Control valve 2-section -
SL-105 (NOTE: THIS IS AN UPGRADE TO MANUAL CABLES IN THE CAB, AND
REDUCES ROOM REQUIREMENTS FOR OPERATION OF HOOKLIFT HOIST.)
1 9904172 - PTO, Hot-Shift for Automatic Transmission, installed $2,738.00 $2,738.00
1 9904129 - Pump, SWAPLOADER SL $855.00 $855.00
**NOTE: RATED FOR 12 GPM @ 1200 RPM @ 3500 PSI to satisfy Hooklift &
Packer hydraulic requirements.
1 SERVICE JOB - T - Misc parts and labor for: $1,993.00 $1,993.00
*--- Continued ---*
MN 55427 USA MN 55427 USA
0/00/00
** QUOTATION **
TRKQT3
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by:______________________
SHEPARD M. HARRIS
MAYOR
Date: 07-06-2021
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
finance@goldenvalleymn.gov
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 64225
NET 30 DAYS 4/06/21 6/30/21
3001
FORCE 110947 Ass'y, Selector Valve, High PSI, 30 GPM, SAE-12, &
1015141 Harness,with Hoses & fittings to manifold plate (frame
mounted) for Quick connection toCustomer installed Packer Body
operations. Other output hard plumbed toHook-lift Hoist valve. Wired
to OEM activation switch in cab overhead console.
1 9904229 - Install Hooklift Hoist (SL100 & 200 Series) Hoist to truck $3,368.00 $3,368.00
chassis, Including Factory Valve, Controls, hoses & fittings
to Factory Hydraulic system. (PUMP, PTO & Installation of PUMP or
PTO Extra)
1 9903216 - Paint Hooklift Hoist (SL100, & SL200 Series) Gloss Black $711.00 $711.00
**NOTE: Hoists are primed black standard. Topcoat paint is optional
1 9901171 - Fenders M1900 W/Brkts for 19.5" Installed $600.00 $600.00
1 9900775 - Hitch TMTE Medium Duty STD Hitch Plate assembly $355.00 $355.00
1 9901172 - Hitch Installation of med duty hitch (Weld On)$194.00 $194.00
1 9902494 - Hitch 7 contact RV (flat pin) socket installed $142.00 $142.00
1 9905808 - Hitch 2-1/2" Square Receiver tube w/pin & clip. NOTE:$207.00 $207.00
DERATES hitch, as per hitch bar utilized. Installed
1 9901112 - ICC BUMPER $129.00 $129.00
1 9901113 - INSTALLATION OF ICC BUMPER $192.00 $192.00
1 9906289 - TRIPLE OVAL LIGHT HOUSING 1 TON PAIR INSTALLED $265.00 $265.00
1 9905738 - Towmaster 1 Ton STAINLESS STEEL Stationary Cabshield Stand $1,054.00 $1,054.00
Installed
*--- Continued ---*
MN 55427 USA MN 55427 USA
0/00/00
** QUOTATION **
TRKQT3
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by:_________________________
SHEPARD M. HARRIS
MAYOR
Date: 07-06-2021
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
finance@goldenvalleymn.gov
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 64225
NET 30 DAYS 4/06/21 6/30/21
3001
$43,629.00
$43,629.00
2 9900209 - Body acc'y Shovel Holder, Vertical fork/ring style (ea)$72.00 $144.00
**NOTE: SS, INSTALLED ON BACK SIDE OF CABSHIELD BETWEEN HOOKLIFT AND
CABSHIELD, ONE ON EACH SIDE.
1 9901897 - TMTE-6 2 L32LAF TOP MOUNT LED STROBES, 2 5VA02ZAD REAR $1,261.00 $1,261.00
STROBES WITH GROMMETS INSTALLED
**NOTE: (2) FRONT HEADS WILL BE MOUNTED ON FIXED CABSHIELD MOUNTS,
(2) REAR GROMMET MOUNTED HEADS WILL BE MOUNTED IN STAINLESS BOXES AT
REAR FRAME AREA. Wired to OEM overhead console switch.
1 9901564 - Tool Box PRO-TECH 18" x 18" x 36" SINGLE DROP DOOR tool box $639.00 $639.00
1 9901572 - Tool Box Labor and install kit to INSTALL 24"-48" TOOL BOX $292.00 $292.00
**NOTE: MOUNTED ON RH (CURB SIDE) FRAME RAIL OF TRUCK CHASSIS.
2 9903685 - Light, Warning, Whelen WIONSMA, Amber LED, surface mount, $496.00 $992.00
Each, Installed
NOTE: MOUNTED ON FRONT GRILLE, WIRED TO OEM OVERHEAD CONSOLE SWITCH
IN CAB.
1 9904691 - INSTALLATION of (Initial) Single camera system $288.00 $288.00
**NOTE: RELOCATION OF FORD OEM CAMERA TO CENTER REAR AREA OF HOOKLIFT
HOIST, WIRED TO OEM HARNESS.
$43,629.00
MN 55427 USA MN 55427 USA
0/00/00
** QUOTATION **
TRKQT3
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by:_________________________
SHEPARD M. HARRIS
MAYOR
Date: 07-06-2021
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
finance@goldenvalleymn.gov
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 65874
NET 30 DAYS 6/03/21 6/30/21
3001
Order Comments: STATE OF MN CONTRACT
#184012
Build Instructions F.O.B. LITCHFIELD, MN
NON-PACKER UNIT CONFIGURATION
Other Instructions **NOTE: CONTRACT PRICING VALID THRU 10/31/21
Qty Part No.Description Price Ea. Net Amt.
1 1997228 - Body 9'6" FSS w/15" high 12 ga SS Fold-Down Sides, 21" high $9,196.00 $9,196.00
10 ga SS Lever Top Pin release Tailgate, 40" high 10 ga SS
Front, & 3/16" Hardox-450 floor. (NO lights or Cabshield). 12 VDC
Tailgate trip release included. Mill finish exterior, with underside
blasted, seam-sealed, primed and painted gloss black. **NOTE: BODY
LENGTH WILL BE CHANGED TO 10' AT NO EXTRA CHARGE TO ACCOMODATE
A-FRAME & HOOKLIFT APPLICATION, IN LIEU OF 9'6"
1 9905760 - HOOK 100 SERIES 10' SUB-FRAME With Rollers $1,912.00 $1,912.00
**NOTE: A-FRAME WILL BE INCORPORATED INTO THE UNDERSTRUCTURE AND
ATTACHED TO THEFRONT PANEL OF THE DUMP BODY, PAINTED GLOSS BLACK.
1 9904124 - Hoist, SWAPLOADER SL-105 (12H55) Fixed 35-5/8" jib, 10,500# $15,332.00 $15,332.00
capacity hooklift hoist, w/Factory Hydraulics, including 2
function Valve, Cable Control System, Reservoir, Hoses, & Fittings
1 SPECIAL REQUEST - Special Request Charges for:$770.00 $770.00
SWAPLOADER EVH-105 Electric Over Hydraulic Control valve 2-section -
SL-105 (NOTE: THIS IS AN UPGRADE TO MANUAL CABLES IN THE CAB, AND
REDUCES ROOM REQUIREMENTS FOR OPERATION OF HOOKLIFT HOIST.)
1 9904172 - PTO, Hot-Shift for Automatic Transmission, installed $2,738.00 $2,738.00
1 9904129 - Pump, SWAPLOADER SL $855.00 $855.00
**NOTE: RATED FOR 12 GPM @ 1200 RPM @ 3500 PSI to satisfy Hooklift &
*--- Continued ---*
MN 55427 USA MN 55427 USA
0/00/00
** QUOTATION **
TRKQT3
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by:________________________
SHEPARD M. HARRIS
MAYOR
Date: 07-06-2021
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
finance@goldenvalleymn.gov
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 65874
NET 30 DAYS 6/03/21 6/30/21
3001
Packer hydraulic requirements.
Qty Part No.Description Price Ea. Net Amt.
1 9904229 - Install Hooklift Hoist (SL100 & 200 Series) Hoist to truck $3,368.00 $3,368.00
chassis, Including Factory Valve, Controls, hoses & fittings
to Factory Hydraulic system. (PUMP, PTO & Installation of PUMP or
PTO Extra)
1 9903216 - Paint Hooklift Hoist (SL100, & SL200 Series) Gloss Black $711.00 $711.00
**NOTE: Hoists are primed black standard. Topcoat paint is optional
1 9901171 - Fenders M1900 W/Brkts for 19.5" Installed $600.00 $600.00
1 9900775 - Hitch TMTE Medium Duty STD Hitch Plate assembly $355.00 $355.00
1 9901172 - Hitch Installation of med duty hitch (Weld On)$194.00 $194.00
1 9902494 - Hitch 7 contact RV (flat pin) socket installed $142.00 $142.00
1 9905808 - Hitch 2-1/2" Square Receiver tube w/pin & clip. NOTE:$207.00 $207.00
DERATES hitch, as per hitch bar utilized. Installed
1 9901112 - ICC BUMPER $129.00 $129.00
1 9901113 - INSTALLATION OF ICC BUMPER $192.00 $192.00
1 9906289 - TRIPLE OVAL LIGHT HOUSING 1 TON PAIR INSTALLED $265.00 $265.00
1 9905738 - Towmaster 1 Ton STAINLESS STEEL Stationary Cabshield Stand $1,054.00 $1,054.00
Installed
2 9900209 - Body acc'y Shovel Holder, Vertical fork/ring style (ea)$72.00 $144.00
**NOTE: SS, INSTALLED ON BACK SIDE OF CABSHIELD BETWEEN HOOKLIFT AND
*--- Continued ---*
MN 55427 USA MN 55427 USA
0/00/00
** QUOTATION **
TRKQT3
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by:________________________
SHEPARD M. HARRIS
MAYOR
Date: 07-06-2021
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
finance@goldenvalleymn.gov
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 65874
NET 30 DAYS 6/03/21 6/30/21
3001
$41,636.00
$41,636.00
CABSHIELD, ONE ON EACH SIDE.
Qty Part No.Description Price Ea. Net Amt.
1 9901897 - TMTE-6 2 L32LAF TOP MOUNT LED STROBES, 2 5VA02ZAD REAR $1,261.00 $1,261.00
STROBES WITH GROMMETS INSTALLED
**NOTE: (2) FRONT HEADS WILL BE MOUNTED ON FIXED CABSHIELD MOUNTS,
(2) REAR GROMMET MOUNTED HEADS WILL BE MOUNTED IN STAINLESS BOXES AT
REAR FRAME AREA. Wired to OEM overhead console switch.
1 9901564 - Tool Box PRO-TECH 18" x 18" x 36" SINGLE DROP DOOR tool box $639.00 $639.00
1 9901572 - Tool Box Labor and install kit to INSTALL 24"-48" TOOL BOX $292.00 $292.00
**NOTE: MOUNTED ON RH (CURB SIDE) FRAME RAIL OF TRUCK CHASSIS.
2 9903685 - Light, Warning, Whelen WIONSMA, Amber LED, surface mount, $496.00 $992.00
Each, Installed
NOTE: MOUNTED ON FRONT GRILLE, WIRED TO OEM OVERHEAD CONSOLE SWITCH
IN CAB.
1 9904691 - INSTALLATION of (Initial) Single camera system $288.00 $288.00
**NOTE: RELOCATION OF FORD OEM CAMERA TO CENTER REAR AREA OF HOOKLIFT
HOIST, WIRED TO OEM HARNESS.
$41,636.00
MN 55427 USA MN 55427 USA
0/00/00
** QUOTATION **
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
3. D. 3. Authorize Agreements with Union Pacific Railroad for Replacement of Street Crossings at 10th
Avenue and Mendelssohn Avenue
Prepared By
Jeff Oliver, PE, City Engineer
R.J. Kakach, PE, Assistant City Engineer
Summary
The Union Pacific Railroad Company owns track lines and spurs throughout Golden Valley. One of the
spur lines intersects Mendelssohn Avenue south of Plymouth Avenue and a separate small spur line
intersects 10th Avenue east of Mendelssohn Avenue. These two road crossings are in poor condition
and have been patched numerous times over the past several years by City Public Works Maintenance
crews.
Staff worked with Union Pacific Railroad, similar to other crossing improvements, to draft agreements
authorizing the crossings be reconstructed by Union Pacific Railroad and paid for by the City of Golden
Valley. Crossing replacement is typically funded by the governing entity of the intersecting street
however Union Pacific has agreed to contribute funding to a portion of the Mendelssohn Avenue
crossing replacement.
The total cost of replacement for the Mendelssohn Avenue and 10th Avenue crossings are outlined
below:
Union Pacific City Total
Mendelssohn Avenue $39,277 $117,832 $157,109
10th Avenue $0 $133,734 $133,734
Total $39,277 $251,566 $290,843
Financial Or Budget Considerations
• Funding for the Crossing Replacements is included in the 2021 to 2030 Capital Improvement
Plan (S-042) in the amount of $250,000.
o The shortage will be covered by the City’s State Aid Maintenance Account as both
Mendelssohn Avenue and 10th Avenue are Municipal State Aid (MSA) routes
An exact start date has not been determined but it is expected that construction will begin later this
summer.
City Council Regular Meeting Executive Summary
City of Golden Valley
July 6, 2021
2
Recommended Action
Motion to Authorize the Mayor to execute Agreements with Union Pacific Railroad Company in the
forms approved by the City Attorney for Crossing Replacements at Mendelssohn Avenue and at 10th
Avenue North.
Supporting Documents
• Location Map (1 page)
• Mendelssohn Avenue Agreement between the City of Golden Valley and the Union Pacific Railroad
(7 pages)
• 10th Avenue Agreement between the City of Golden Valley and the Union Pacific Railroad (7 pages)
MendelssohnCrossing
10th AveCrossing
City Cold Storage
Lube-Tech
Lube-TechUS Hwy 16910th Ave N
Plymouth Ave N
MendelssohnAveNUS Hwy 1690 200 400100Feet
Railroad Crossing Replacements
Summer 2021
by the City of Golden Valley, 6/30/2021 I
UPRR REMS
Project 764245
AUTHORIZATION FOR CROSSING IMPROVEMENTS
Effective Date:
Agency: CITY OF GOLDEN VALLEY, MINNESOTA
THIS AUTHORIZATION FOR CROSSING IMPROVEMENTS ("Agreement") is made and
entered into as of the Effective Date above, by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation ("Railroad"), and AGENCY ("Agency").
RECITALS
In accordance with the terms and conditions of this Agreement, Agency and Railroad
desire to improve the existing, at-grade crossing area ("Project") along, over and across
Railroad's track and right of way, as such crossing area is more particularly described on Exhibit A
attached hereto and made a part hereof ("Crossing Area").
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad agrees to perform the Project work described on Exhibit B attached
hereto the ("Railroad Work"). Railroad's estimated cost for the Railroad Work is included on
Exhibit C attached hereto ("Estimate") and may include without limitation costs of engineering
review, construction, inspection, flagging, procurement and delivery of materials, equipment
rental, manpower and all direct and indirect overhead labor/construction costs, including
Railroad's standard additive rates. Such standard additive rates may be subject to upward or
downward adjustment based on industry standards and practices, and the parties acknowledge
and agree that any such adjustment to standard additive rates may be made retroactively.
2. Agency has appropriated sufficient funds to complete the Project and shall
reimburse Railroad for costs incurred by Railroad in connection with the Railroad Work in
accordance with Exhibit D attached hereto.
3. If Agency will be performing any Project work, such work is described on Exhibit B
attached hereto ("Agency Work"). Agency shall perform the Agency Work, if any, at its sole cost,
and Railroad consents to Agency (or any contractor or other agent hired by Agency) performing
the Agency Work within the Crossing Area, subject to complying with the terms and conditions of
this Agreement. Railroad's consent shall not be deemed to grant Agency (or any contractor or
other agent hired by Agency) any property interest in the Crossing Area or other Railroad property.
4. If Agency hires a contractor or other agent to perform the Agency Work, Agency
shall require such contractor or agent to execute Railroad's then current form of Contractor's Right
of Entry Agreement and to comply with the requirements set forth therein.
5. No work of any kind shall be performed, and no person, equipment, machinery,
tools, materials, vehicles or other items shall be located, operated, placed or stored within twenty-
five (25) feet of any track at any time for any reason except as otherwise provided herein. Prior to
commencing the Agency Work, and if the performance of any Agency Work requires any person
or equipment to be within twenty-five (25) feet of any track, Agency shall provide Railroad at least
thirty (30) working days advance notice of the performance of such proposed work, and upon
Railroad's receipt of such notice, Railroad will determine and inform Agency whether a flagman
need to be present or whether Agency needs to implement any special protective or safety
measures. Subject to Exhibit D, in the event that flagging or other special protection or safety
measures are required to be performed in connection with the Railroad Work specifically or the
Project generally, and regardless if the costs for such measures are included in the Estimate,
Agency shall be responsible for all such costs incurred in connection therewith.
6. Prior to commencing any Agency Work, Agency shall telephone (or shall cause its
contractor or agent to telephone) Railroad during normal business hours (7:00 a.m. to 9:00 p.m.,
Central time, Monday through Friday, except holidays) at 1-800-336-9193 to determine if fiber
optic cable is buried anywhere on Railroad's property to be used in connection with the Agency
Work. If fiber optic cable is present, Agency, at its sole cost, will coordinate (or will cause its
contractor or agent to coordinate) with the applicable telecommunications companies for the
relocation or other protection of the fiber optic cable prior to beginning any Agency Work.
7. Agency, for itself and for its successors and assigns, hereby waives any right of
assessment against Railroad, as an adjacent property owner, for any and all improvements made
under this Agreement.
8. Neither party shall assign this Agreement without the prior written consent of the
other party, which consent shall not be unreasonably withheld, conditioned or delayed.
9. This Agreement sets forth the entire agreement between the parties regarding the
Project and the installation and maintenance of the Project improvements within the Crossing
Area. To the extent that any terms or provisions of this Agreement regarding the installation and
maintenance of such Project improvements are inconsistent with the terms or provisions set forth
in any existing agreement affecting the Crossing Area, such terms and provisions shall be
deemed superseded by this Agreement to the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the
Effective Date.
CITY OF GOLDEN VALLEY, MINNESOTA UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signature Signature
SHEPARD M HARRIS
Chris Keckeisen
Printed Name Printed Name
MAYOR
Manager I, Engineering - Public Projects
Title Title
2
EXHIBIT A
Description of Crossing Location
Street Mendelssohn Avenue North DOT # 185045T
Subdivision Golden Valley Ind. Ld. Milepost 6.575
City Golden Valley State MN
County Hennepin
EXHIBIT B
Scope of Work
Railroad Work:
• Remove existing concrete crossing surface
• Install precast concrete crossing surfaces
• Field weld rail
• Relay track at crossing with 136 lb rail
• Renew ties
• Surface the track with new ballast
Agency Work:
• Provide traffic control and road closure during construction
• Sawcut and remove pavement
• Install pavement up the crossing surface upon completion of work by Railroad
EXHIBIT C
Estimate Cover Page
(see attached)
Material And Force Account Estimate
Golden Valley
Estimate Number: 127646 Version: 1
Standard Rates: Labor Additive = 222.97%
Estimate Good Until 03/21/22
Location: GOLDEN VALLEY IND LD, INDL, 6.55-6.59
Description of Work: 185045T Mendelssohn Ave North Golden Valley MN 6.57 Golden Valley Sub
Ind Ld
Prepared For: Golden Valley
Buy America: Yes
COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL
ENGINEERING
TOTAL
UP %25
Agcy %75
Engineering 1 LS 31,597.00 31,597 0 31,597 7,899 23,698
Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 225 675
Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 225 675
Foreign Line Freight - Track Surface RECOLLECT 1 LS 838.70 0 839 839 210 629
Sub-Total = 31,597 2,639
TRACK CONSTRUCTION - COMPANY
34,236 8,559 25,677
RDXING RDXING 136# CON10W PP PAN COMPLETE 48 TF 872.92 22,308 19,592 41,900 10,475 31,425
TRACK 136# CWRIS0 24-8'6" HWD N 16 TP 32 TF 915.46 22,942 6,353 29,295 7,324 21,971
COMPJT Transition Rail - 136# 4 PR 8,859.27 21,472 13,965 35,437 8,859 26,578
Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 2,863 8,588
Sub-Total = 78,173 39,909
TRACK REMOVAL - COMPANY
118,082 29,521 88,562
RDXING Remove road crossing - concrete 40 TF 87.16 3,486 0 3,486 872 2,615
TRACK Remove Track 40 TF 32.63 1,305 0 1,305 326 979
Sub-Total = 4,792 0
Total Wgt. in Tons = 313 Totals = 114,561 42,548
Grand Total =
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an
increase or decrease in the cost or amount of material or labor required, Golden Valley will pay actual
construction costs at the current rates effective thereof.
4,792
157,109
$157,109
1,198
39,277
3,594
117,832
Sunday, March 21, 2021 Page 1 of 1
EXHIBIT D
Reimbursement Method
Agency agrees to reimburse Railroad for SEVENTY-FIVE PERCENT (75%) of actual costs
incurred by Railroad in connection with the Railroad Work. During the performance of the Railroad
Work, Railroad will provide progressive billing to Agency based on Railroad’s actual costs. Within
one hundred twenty (120) days after completion of the Project, Railroad will submit a final billing
to Agency for any balance owed Railroad in connection with the Railroad Work. Agency shall pay
Railroad within thirty (30) days after Agency's receipt of any progressive and final bills submitted
by Railroad.
UPRR REMS
Project 764246
AUTHORIZATION FOR CROSSING IMPROVEMENTS
Effective Date:
Agency: CITY OF GOLDEN VALLEY, MINNESOTA
THIS AUTHORIZATION FOR CROSSING IMPROVEMENTS ("Agreement") is made
and entered into as of the Effective Date above, by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation ("Railroad"), and AGENCY ("Agency").
RECITALS
In accordance with the terms and conditions of this Agreement, Agency and Railroad
desire to improve the existing, at-grade crossing area ("Project") along, over and across
Railroad's track and right of way, as such crossing area is more particularly described on
Exhibit A attached hereto and made a part hereof ("Crossing Area").
AGREEMENT
NOW THEREFORE, the parties hereto agree as follows:
1. Railroad agrees to perform the Project work described on Exhibit B attached
hereto the ("Railroad Work"). Railroad's estimated cost for the Railroad Work is included on
Exhibit C attached hereto ("Estimate") and may include without limitation costs of engineering
review, construction, inspection, flagging, procurement and delivery of materials, equipment
rental, manpower and all direct and indirect overhead labor/construction costs, including
Railroad's standard additive rates. Such standard additive rates may be subject to upward or
downward adjustment based on industry standards and practices, and the parties acknowledge
and agree that any such adjustment to standard additive rates may be made retroactively.
2. Agency has appropriated sufficient funds to complete the Project and shall
reimburse Railroad for costs incurred by Railroad in connection with the Railroad Work in
accordance with Exhibit D attached hereto.
3. If Agency will be performing any Project work, such work is described on
Exhibit B attached hereto ("Agency Work"). Agency shall perform the Agency Work, if any, at
its sole cost, and Railroad consents to Agency (or any contractor or other agent hired by
Agency) performing the Agency Work within the Crossing Area, subject to complying with the
terms and conditions of this Agreement. Railroad's consent shall not be deemed to grant
Agency (or any contractor or other agent hired by Agency) any property interest in the Crossing
Area or other Railroad property.
4. If Agency hires a contractor or other agent to perform the Agency Work, Agency
shall require such contractor or agent to execute Railroad's then current form of Contractor's
Right of Entry Agreement and to comply with the requirements set forth therein.
5. No work of any kind shall be performed, and no person, equipment, machinery,
tools, materials, vehicles or other items shall be located, operated, placed or stored within
twenty-five (25) feet of any track at any time for any reason except as otherwise provided
herein. Prior to commencing the Agency Work, and if the performance of any Agency Work
requires any person or equipment to be within twenty-five (25) feet of any track, Agency shall
provide Railroad at least thirty (30) working days advance notice of the performance of such
proposed work, and upon Railroad's receipt of such notice, Railroad will determine and inform
Agency whether a flagman need to be present or whether Agency needs to implement any
special protective or safety measures. Subject to Exhibit D, in the event that flagging or other
special protection or safety measures are required to be performed in connection with the
Railroad Work specifically or the Project generally, and regardless if the costs for such
measures are included in the Estimate, Agency shall be responsible for all such costs incurred
in connection therewith.
6. Prior to commencing any Agency Work, Agency shall telephone (or shall cause
its contractor or agent to telephone) Railroad during normal business hours (7:00 a.m. to
9:00 p.m., Central time, Monday through Friday, except holidays) at 1-800-336-9193 to
determine if fiber optic cable is buried anywhere on Railroad's property to be used in connection
with the Agency Work. If fiber optic cable is present, Agency, at its sole cost, will coordinate (or
will cause its contractor or agent to coordinate) with the applicable telecommunications
companies for the relocation or other protection of the fiber optic cable prior to beginning any
Agency Work.
7. Agency, for itself and for its successors and assigns, hereby waives any right of
assessment against Railroad, as an adjacent property owner, for any and all improvements
made under this Agreement.
8. Neither party shall assign this Agreement without the prior written consent of the
other party, which consent shall not be unreasonably withheld, conditioned or delayed.
9. This Agreement sets forth the entire agreement between the parties regarding
the Project and the installation and maintenance of the Project improvements within the
Crossing Area. To the extent that any terms or provisions of this Agreement regarding the
installation and maintenance of such Project improvements are inconsistent with the terms or
provisions set forth in any existing agreement affecting the Crossing Area, such terms and
provisions shall be deemed superseded by this Agreement to the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of
the Effective Date.
CITY OF GOLDEN VALLEY, MINNESOTA UNION PACIFIC RAILROAD COMPANY,
a Delaware Corporation
Signature Signature
SHEPARD M HARRIS
Chris Keckeisen
Printed Name Printed Name
MAYOR
Manager I, Engineering - Public Projects
Title Title
2
EXHIBIT A
Description of Crossing Location
Street 10th Avenue North DOT # 185043E
Subdivision Golden Valley Ind. Ld. Milepost 6.175
City Golden Valley State MN
County Hennepin
EXHIBIT B
Scope of Work
Railroad Work:
• Remove existing concrete crossing surface
• Install precast concrete crossing surfaces
• Field weld rail
• Relay track at crossing with 136 lb rail
• Renew ties
• Surface the track with new ballast
Agency Work:
• Provide traffic control and road closure during construction
• Sawcut and remove pavement
• Install pavement up the crossing surface upon completion of work by Railroad
EXHIBIT C
Estimate Cover Page
(see attached)
Material And Force Account Estimate
Golden Valley
Estimate Number: 127645 Version: 1
Standard Rates: Labor Additive = 222.97%
Estimate Good Until 03/01/22
Location: GOLDEN VALLEY IND LD, INDL, 6.15-6.19
Description of Work: 185043E 10th Ave North Golden Valley MN 6.17 Golden Valley Ind Ld
Prepared For: Golden Valley
Buy America: Yes
COMMENTS FACILITY Description QTY UOM UCST LABOR
ENGINEERING
MATERIAL
TOTAL
UP %0
Agcy %100
Engineering 1 LS 13,074.00 13,074 0 13,074 0 13,074
Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900
Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900
Foreign Line Freight - Track Surface RECOLLECT 1 LS 925.28 0 925 925 0 925
TRACK CONSTRUCTION - COMPANY
Sub-Total = 13,074 2,725 15,799 0 15,799
RDXING RDXING 136# CON10W PP PAN COMPLETE 64 TF 899.35 32,710 24,848 57,559 0 57,559
TRACK 136# CWRIS0 24-8'6" HWD N 16 TP 16 TF 1,086.25 12,782 4,598 17,380 0 17,380
COMPJT Transition Rail - 136# 4 PR 7,055.45 13,204 15,017 28,222 0 28,222
Mobilization: Company 1 DA 11,450.00 11,450 0 11,450 0 11,450
TRACK REMOVAL - COMPANY
Sub-Total = 70,147 44,463 114,611 0 114,611
RDXING Remove road crossing - concrete 56 TF 49.01 2,745 0 2,745 0 2,745
TRACK Remove Track 24 TF 24.16 580 0 580 0 580
Sub-Total = 3,325 0 3,325 0 3,325
Total Wgt. in Tons = 348 Totals = 86,546 47,189 133,734 0 133,734
Grand Total = $133,734
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an
increase or decrease in the cost or amount of material or labor required, Golden Valley will pay actual
construction costs at the current rates effective thereof.
Monday, March 1, 2021 Page 1 of 1
EXHIBIT D
Reimbursement Method
Agency agrees to reimburse Railroad for ONE HUNDRED PERCENT (100%) of actual costs
incurred by Railroad in connection with the Railroad Work. During the performance of the
Railroad Work, Railroad will provide progressive billing to Agency based on Railroad’s actual
costs. Within one hundred twenty (120) days after completion of the Project, Railroad will submit
a final billing to Agency for any balance owed Railroad in connection with the Railroad Work.
Agency shall pay Railroad within thirty (30) days after Agency's receipt of any progressive and
final bills submitted by Railroad.
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
3. D. 4. Authorize Change Order #1 for I-394 Inflow and Infiltration Phase 3 City Project #21-24
Prepared By
R.J. Kakach, P.E., Assistant City Engineer
Summary
In April 2021, the City entered into a contract with SJ Louis Construction for sanitary sewer cured in
place lining (CIPP) in I-394 corridor area. SJ Louis was the low bid on the I-394 Inflow and Infiltration
Phase 3 City Project #21-24. As the project came in well under budget, staff worked with SJ Louis to
add additional CIPP lining quantities to the contract via a change order.
The attached Change Order #1 adds an additional 1,024 LF of 8-inch or 9-inch CIPP sanitary sewer lining
to the project. The additional lining installation would take place later in July.
Financial Or Budget Considerations
The total cost for SJ Louis to add an additional 1,024 LF of 8-inch or 9-inch CIPP sanitary sewer lining is
$24,576, bringing the total project cost for design and construction services for the I-394 I&I Phase 3
project to $224,076. Funding for the project is included in the Water and Sewer 2021 CIP Program
(W&SS-074) in the amount of $250,000.
Recommended Action
• Motion to authorize the Mayor and City Manager to execute Change Order #1 with SJ Louis
Construction, Inc. for the I-394 I&I Phase 3 Project #21-24 in the amount of $24,576.
Supporting Documents
• Change Order #1 with SJ Louis (1 pages)
G:\City Council agendas\Agenda Packets\2021\07-06-21\+-3D4 - Authorize Change Order #1 for the I-394 I&I Phase 3 City Project #21-24\3D4b
- Change Order #1 Add'l Lining.doc
CITY OF GOLDEN VALLEY
ENGINEERING DEPARTMENT
CHANGE ORDER NO. 1
SJ LOUIS CONSTRUCTION, INC. PROJECT # 21-24
Contractor
1351 Broadway St W
P.O. Box 459
Rockville, MN 56369
To Whom It May Concern,
Under your I-394 I&I Rehabilitation Project Phase 3 contract dated April 20, 2021 with the City of Golden
Valley, the City of Golden Valley hereby directs you to do the following:
Add: _Add 1,024 LF of 8-INCH OR 9-INCH CIPP SANITARY SEWER LINING @ $24/LF =_$24,576
Grand Total C.O. 1 - = $24,576
And add to (deduct from) the contract, in accordance with contract and specifications, the sum of
$24,576. This addition will be funded through the 2021 CIP – I-394 I&I Project (W&SS-074)
There will be an extension of -0- days for completion.
The date of completion of contract was November 19, 2021 and now will be the same.
Amount of Original
Contract
Total Additions
Total Deductions
Updated Contract
To Date
$158,871.00
$24,576.00
-$0-
$183,447.00
Date Approved:
Contractor
City of Golden Valley:
By:
Timothy J. Cruikshank, City Manager
Shepard M. Harris, Mayor
Golden Valley Council Meeting
July 6, 2021
Agenda Item
3. D. 5. Microsoft Office 365 Volume Licensing Contract
Prepared By
Sue Virnig, Finance Director
Adam Knauer, IT Supervisor
Summary
Staff will be updating their platform from Microsoft Office 2016 to Microsoft Office 365. Microsoft
requires a three year contract signed by the City Manager. The contract is facilitated through LOGIS
and will be billed yearly for the number of licenses. The rollout will begin after the contract is signed
and should be completed by August 15, 2021.
Financial Or Budget Considerations
The software is included in the Administrative Services Budget under IT Services for $68,000. The
yearly amount is dependent on the number of users. The amount for 2021 is $67,392.58.
Recommended Action
Motion to approve the Microsoft Volume Licensing contract for $202,177.74 that will be billed yearly
by LOGIS and authority for the City Manager to sign the contract.
Supporting Documents
• Microsoft Volume Licensing Contract (15 pages)
• Insight Contract (1 page)
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2
Document X20-12883
Program Signature Form
MBA/MBSA number
Agreement number 5603385
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the
associated active number be indicated here, or listed below as new.
For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between
the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document Number or Code
Enterprise Enrollment (Indirect) X20-10635
Sub250 Form W29
Product Selection Form 1087211.005_PSF
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read
and understand the above contract documents, including any websites or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
Customer
Name of Entity (must be legal entity name)* City of Golden Valley
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
* indicates required field
Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft’s signature date)
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2
Document X20-12883
Optional 2nd Customer signature or Outsourcer signature (if applicable)
Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the
appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s
channel partner or Microsoft account manager, who must submit them to the following address. When
the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 1 of 10
Document X20-10635
Enterprise Enrollment State and Local
Enterprise Enrollment number
(Microsoft to complete) 79767876 Framework ID
(if applicable)
Previous Enrollment number
(Reseller to complete)
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form
as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of
the Customer, that entered into the Enterprise Agreement identified on the program signature form.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement
identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online
Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form,
and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment
may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment,
Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.
All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of
any conflict the terms of this Agreement control.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day after the first prior
Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the
renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will
be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the
anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in
effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months
from the effective date of the initial term. The renewal term will expire 36 full calendar months after the
effective date of the renewal term.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The
following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled
Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an
Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a
Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject
to Government regulations for which Customer determines and Microsoft agrees that the use of
Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements.
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Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government
Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the
Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this
program.
“Expiration Date” means the date upon which the Enrollment expires.
“Federal Agency” means a bureau, office, agency, department or other entity of the United States
Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental
capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in
Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance
with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft
Online Services that are Government Community Cloud Services are designated as such in the Use Rights
and Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (such as a personal computer), a
multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an
industry or task-specific software program (e.g. a computer-aided design program used by an architect or
a point of sale program) (“Industry Program”). The device may include features and functions derived from
Microsoft software or third-party software. If the device performs desktop functions (such as email, word
processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance),
then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program
functionality; and (2) must be technically integrated with the Industry Program or employ technically
enforced policies or architecture to operate only when used with the Industry Program functionality.
“Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls
one or more operating system environments. Examples of Managed Devices can be found in the Product
Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and
is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access
a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated
as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At
its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is
used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of
Enterprise Products or Online Services the Enrolled Affiliate has selected.
“Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms.
“Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by
an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement;
“Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms,
the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
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"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any
United States county, borough, commonwealth, city, municipality, town, township, special purpose district,
or other similar type of governmental instrumentality established by the laws of Customer’s state and
located within Customer’s state’s jurisdiction and geographic boundaries.
“Tribal Entity” means a federally recognized tribal entity performing tribal governmental functions and
eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian
tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each
Product and version published for that licensing program at the Volume Licensing Site and updated from
time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the
Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights
supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a
Product.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.
2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250
Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for
Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all
Qualified Users or Qualified Devices, depending on the License Type, with one or more
Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise
Online Services (as long as all Qualified Devices not covered by a License are only used
by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online
Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled
Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has
more restrictive use rights than the version that is current at the start of the applicable initial or
renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled
Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used
on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United
States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be
submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled
Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the
Reseller based on those terms. Throughout this Agreement the term “price” refers to reference
price. Resellers and other third parties do not have authority to bind or impose any obligation
or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise
Online Services may be added at any time by contacting a Microsoft Account Manager or
Reseller. New Additional Products, other than Online Services, may be used if an order is
placed in the month the Product is first used. For Additional Products that are Online
Services, an initial order for the Online Service is required prior to use.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 4 of 10
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(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously
ordered Products other than Online Services may be added at any time but must be
included in the next true-up order. Additional Licenses for Online Services must be ordered
prior to use, unless the Online Services are (1) identified as eligible for true-up in the
Product Terms or (2) included as part of other Licenses.
g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts
for any changes since the initial order or last order. If there are no changes, then an update
statement must be submitted instead of a true-up order.
(i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the
number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the
time the true-up order is placed and must order additional Licenses for all Qualified Devices
and Qualified Users that are not already covered by existing Licenses, including any
Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under
this Enrollment, Enrolled Affiliate must determine the maximum number of Additional
Products used since the latter of the initial order, the last true-up order, or the prior
anniversary date and submit a true-up order that accounts for any increase.
(iii) Online Services. For Online Services identified as eligible for true-up in the Product
Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to
use and payment may be deferred until the next true-up order. Microsoft will provide a
report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its
Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they
were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of
Subscription Licenses at the Enrollment anniversary date on a prospective basis if
permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may
be reduced if the total quantity of Licenses and Software Assurance for an applicable
group meets or exceeds the quantity of Qualified Devices and Qualified Users (if
ordering user-based Licenses) identified on the Product Selection Form, and includes
any additional Qualified Devices and Qualified Users added in any prior true-up orders.
Step-up Licenses do not count towards this total count.
2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase,
Licenses can be reduced as long as the initial order minimum requirements are
maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s
use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up
order Enrollment anniversary date and effective as of such date.
(v) Update statement. An update statement must be submitted instead of a true-up order if,
since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services; and (2) has not increased its usage of Additional
Products. This update statement must be signed by Enrolled Affiliate’s authorized
representative.
(vi) True-up order period. The true-up order or update statement must be received by
Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third-
year true-up order or update statement is due within 30 days prior to the Expiration Date,
and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 5 of 10
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may submit true-up orders more often to account for increases in Product usage, but an
annual true-up order or update statement must still be submitted during the annual order
period.
(vii) Late true-up order. If the true-up order or update statement is not received when due,
Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and
Subscription License reductions cannot be reported until the following Enrollment
anniversary date (or at Enrollment renewal, as applicable).
h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate
may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to
the true-up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up
initially by following the process described in the Section titled “Adding new Products not
previously ordered,” then for additional step-up Licenses, by following the true-up order
process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents
submitted with or under this Enrollment, by providing notice by email and a reasonable
opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor
mistakes, unintentional additions and omissions. This provision does not apply to material
terms, such as the identity, quantity or price of a Product ordered.
j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance
with this Enrollment as set forth in the Enterprise Agreement.
3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all
Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment.
b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its
Reseller. Except for Online Services designated in the Product Terms as being exempt from
fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level,
Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the
applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished
at the beginning of the renewal term.
4. Payment terms.
For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual
installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and
remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent
orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront
for Online Services and upfront for all other Licenses.
5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses
for Products it has used but has not previously submitted an order, except as otherwis e
provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew
Products by renewing this Enrollment for one additional 36-month term or by signing a new
Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal
order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 6 of 10
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Microsoft may make changes to this program that will make it necessary for Customer and its
Enrolled Affiliates to enter into new agreements and Enrollments at renewal.
c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any
Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software
Assurance later without first acquiring a new License with Software Assurance.
(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible
for an Extended Term in the Product Terms, the following options are available at the end
of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance
with the terms of the Enrollment. An extended term feature that allows Online Services
to continue month-to-month (“Extended Term”) is available. During the Extended
Term, Online Services will be invoiced monthly at the then-current published price as
of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled
Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft
at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the
Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a
notice of cancellation to Microsoft for each Online Service. Thereafter, either party
may terminate the Extended Term by providing the other with a notice of cancellation
for each Online Service. Cancellation will be effective at the end of the month following
30 days after Microsoft has received or issued the notice.
(iii) Subscription Licenses and Online Services not eligible for an Extended Term. If
Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as
of the Expiration Date. Any associated media must be uninstalled and destroyed and
Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written
certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the
“Termination for cause” section of the Agreement. In addition, it shall be a breach of this
Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government
Community Cloud Services fails to meet and maintain the conditions of membership in the
definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the “Early
Termination” Section of the Enterprise Agreement.
For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an
Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid
in advance for the period after termination.
6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud
Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use
Government Community Cloud Services solely in its capacity as a member of the Community
and, for eligible Government Community Cloud Services, for the benefit of end users that are
members of the Community. Use of Government Community Cloud Services by an entity that
is not a member of the Community or to provide services to non-Community members is strictly
prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government
Community Cloud Services without notice. Enrolled Affiliate acknowledges that only
Community members may use Government Community Cloud Services.
b. All terms and conditions applicable to non-Government Community Cloud Services also apply
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 7 of 10
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to their corresponding Government Community Cloud Services, except as otherwise noted in
the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and
corresponding non-Government Community Cloud Services in the same domain.
d. Use Rights for Government Community Cloud Services. For Government Community
Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States.
(ii) Additional European Terms, as set forth in the Use Rights, will not apply.
(iii) References to geographic areas in the Use Rights with respect to the location of Customer
Data at rest, as set forth in the Use Rights, refer only to the United States.
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Enrollment Details
1. Enrolled Affiliate’s Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s
Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of
Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities.
Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise
to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the
Enterprise to include the largest number of Affiliates:
Enrolled Affiliate only
Enrolled Affiliate and all Affiliates
Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included
if fewer than all Affiliates are to be included in the Enterprise):
Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired
after the start of this Enrollment: Include future Affiliates
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s)
changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate
consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties
that help administer this Enrollment. The personal information provided in connection with this Enrollment
will be used and protected in accordance with the privacy statement available at
https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled
Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing
Service Center and may grant online access to others. The primary contact will be the default
contact for all purposes unless separate contacts are identified for specific purposes
Name of entity (must be legal entity name)* City of Golden Valley
Contact name* First Sue Last Virnig
Contact email address* svirnig@goldenvalleymn.gov
Street address* 7800 GOLDEN VALLEY ROAD
City* Golden Valley
State* MN
Postal code* 55427-4508-
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* 763-593-8010
Tax ID
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices,
(2) is the Online Administrator for the Volume Licensing Service Center and may grant online
access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies,
including adding or reassigning Licenses and stepping-up prior to a true-up order.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 9 of 10
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Same as primary contact (default if no information is provided below, even if the box is not
checked).
Contact name* First Adam Last Knauer
Contact email address* aknauer@goldenvalleymn.gov
Street address* 7800 GOLDEN VALLEY ROAD
City* Golden Valley
State* MN
Postal code* 55427-4508-
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* 763-593-8015
Language preference. Choose the language for notices. English
This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives
personally identifiable information of the Customer and its Affiliates.
* indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered
under the Enrollment and (for applicable Online Services) to add or reassign Licenses and
step-up prior to a true-up order.
Same as notices contact and Online Administrator (default if no information is provided below,
even if box is not checked)
Contact name*: First Adam Last Knauer
Contact email address* aknauer@goldenvalleymn.gov
Phone* 763-593-8015
This contact is from a third party organization (not the entity). Warning: This contact receives
personally identifiable information of the entity.
* indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:
Reseller company name* Insight Direct USA, Inc.
Street address (PO boxes will not be accepted)* 6820 South Harl Avenue
City* Tempe
State* AZ
Postal code* 85283
Country* United States
Contact name* Software *Contract Support
Phone* 800-624-0503
Contact email address* contractsupport@insight.com
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this
Enrollment is correct.
Signature*
Printed name*
Printed title*
Date*
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with
each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the
Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 10 of 10
Document X20-10635
other party using a form provided by Microsoft at least 90 days prior to the date on which the
change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental
Contact Information form. Otherwise, the notices contact and Online Administrator remains
the default.
(i) Additional notices contact
(ii) Software Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? Yes, No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to
finance any associated taxes, it must pay these taxes directly to Microsoft.
EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O
Page 1 of 2
Enterprise
Sub 250 Program
Amendment ID W29
The parties agree that the Enrollment is amended as follows:
1. On the first page of the Enrollment, the following is added after the
second paragraph:
By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 25 or more Qualified
Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25-249 Qualified
Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the
Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling
with 25-249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates,
Enrolled Affiliate may order these through its Reseller for a fee.
The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an
Enrollment that has the Updated EA Amendment terms and conditions applied. The submittal of this
Amendment may not be contingent on submittal of a new Enterprise Agreement.
2. Section 2a of the Enrollment titled “Order Requirements”, is
hereby amended and restated in its entirety with the following:
a. Minimum Order Requirements. Enrolled Affiliate’s Enterprise must have a minimum of
25 Qualified Users or Qualified Devices.
(i) Initial Order. Initial order must include at least 25 Licenses from one of the four groups
outlined in the Product Selection Form.
(ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group
outlined in the Product Selection Form, Enrolled Affiliate’s initial order must include an
Enterprise-wide selection of one or more Enterprise Products or a mix of Enterprise
Products and corresponding Enterprise Online Services for that group.
(iii) Additional Products. Upon satisfying the minimum order requirements above,
Enrolled Affiliate may order Additional Products.
(iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will
be used on its initial order and on any additional orders.
(v) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 25 Subscription Licenses for Enterprise Online
Services.
3. Software Assurance renewal.
Renewing Software Assurance: If Enrolled Affiliate will be renewing Products
Software Assurance coverage from a separate agreement, check this box.
By checking the above box, a new section is added to the Enrollment entitled “Software Assurance
Addition.”
Software Assurance Addition. Enrolled Affiliate is permitted to and will include in its initial order under
this Enrollment Software Assurance quantities from eligible Program’s identified in the table below, even
though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without
simultaneously ordering a License.
EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O
Page 2 of 2
Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance
shall supersede and replace the underlying Licenses, and the underlying Licenses are not to be
transferred separately from any Licenses received through the New Software Assurance. Any remaining
payment obligations with respect to the underlying Licenses shall continue in effect.
Program License ID Number Expiration Date
<> <> <>
Enterprise Enrollment Product Selection Form
EA-EASProdSelForm(WW)(ENG)
Page 1 of 2
MS Quote
Proposal ID Enrollment Number
1087211.005
Language:English (United States)
Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order:
Profile Qualified
Devices Qualified Users Device / User
Ratio Enterprise Product Platform CAL Licensing
Model
Enterprise 154 154 1.0
No User Licenses
Products Enterprise Quantity
Microsoft 365 Enterprise
Microsoft 365 E3 USL 154
Enrolled Affiliate’s Product Quantities:
Price Group 1 2 3 4
Enterprise Products Office Professional Plus +
Office 365 ProPlus + Office
365 (Plans E3 and E5) +
Microsoft 365 Enterprise
Client Access License +
Office 365 (Plans E1, E3
and E5) + Microsoft 365
Enterprise
Client Access
License + Windows
Intune + EMS USL +
Microsoft 365
Enterprise
Win E3 + Win E5 +
Win VDA +
Microsoft 365
Enterprise
Quantity 154 154 154 154
Enrolled Affiliate’s Price Level:
Product Offering / Pool Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract
documents, Price level set using the highest quantity from Groups 1 through 4.D
Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level
set using quantity from Group 1.D
Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set
using the highest quantity from Group 2 or 3.D
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set
using quantity from Group 4.D
NOTES
Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described
above, based upon the quantity to price level mapping below:
Enterprise Enrollment Product Selection Form
EA-EASProdSelForm(WW)(ENG)
Page 2 of 2
MS Quote
Quantity of Licenses and Software Assurance Price Level
2,399 and below A
2,400 to 5,999 B
6,000 to 14,999 C
15,000 and above D
Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these
may be purchased.
Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool,
the price level for Additional Products in the same pool will be price level “A” throughout the term of the Enrollment. Refer to the Qualifying
Government Entity Addendum pricing provision for more details on price leveling.
7/2/2021 Page 1 of 1City of Golden Valey***PRELIMINARY***Quotation:City of Golden Valley - 2021.02.04Date:February 22, 2021Enrollment:tbdContract:ADSPO16-138244/158536 / S-1079(5)Program:EnterpriseMonths Remaining:36Part Number Item NameQuantity Unit Price Extended Price Subscription ProductsEnterprise ProductsAAD-34704 M365 E3 GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr 154 349.93$ 53,889.22$ JFX-00003 M365F3FullUSL ShrdSvr ALNG SubsVL MVL PerUsr 104 104.02$ 10,818.08$ 4ES-00001 ExchOnlnArchGCC ShrdSvr ALNG SubsVL MVL PerUsr 104 25.82$ 2,685.28$ Additional Products3MS-00001 ExchgOnlnP1GCC ShrdSvr ALNG SubsVL MVL PerUsr36.42$ -$ 3NS-00003 ExchgOnlnP2GCC ShrdSvr ALNG SubsVL MVL PerUsr72.84$ -$ -$ -$ Annual Total67,392.58$ 1 Yr Payment67,392.58$ 3 Yr Total202,177.74$ http://www.insight.com/azuretermsConfidential. M365 Thank you for the opportunity to quote.
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
3. D. 6. Authorize Professional Subscription Services Agreement for a Project Management Software
Solution with SmartSheet
Prepared By
Sue Virnig, Finance Director
Maria Cisneros, City Attorney
Summary
City staff have been researching various methods to increase efficiency, improve productivity, reduce
errors, and streamline the City’s processes. Project Management Software/Workflow Automation
would allow staff to collaborate, manage, and report on work in real time, automate workflows, and
deploy new processes. It would also accelerate City projects and save valuable time by replacing
manual, repetitive tasks with flexible, automated workflows. Project management software is an end-
to-end work execution platform to help move the City forward.
After reviewing several solutions, staff recommend entering into a subscription agreement with
SmartSheet. This web-based program is a customizable, user-friendly, and fiscally responsible
solution. The first year of an Enterprise Plan plus Pro Support will cost the City $5,500.20 and staff is
recommending purchasing 10 hours of additional launch support in the amount of $2,500.00. This
new platform will provide valuable real-time data about how projects of all sizes are impacting the
overall strategic goals and key initiatives the City Council sets every year.
Financial Or Budget Considerations
The IT Department has $5,000 in the budget for additional software needs during the year. Any
further adjustments to the budget will be made prior to the end of the year if needed.
Recommended Action
Motion to Authorize the City Manager to Sign a Professional Subscription Services Agreement for a
Project Management Software Solution with SmartSheet.
Supporting Documents
•SmartSheet User Agreement (10 pages)
Smartsheet User Agreement v0521 1 of 10
USER AGREEMENT
BY CLICKING A BOX INDICATING ACCEPTANCE OF, OR EXECUTING AN ORDER THAT INCORPORATES, THIS USER AGREEMENT
(“Agreement”), THE IDENTIFIED INDIVIDUAL, ORGANIZATION, OR OTHER LEGAL ENTITY (“Customer”) AGREES THE TERMS AND
CONDITIONS OF THIS AGREEMENT GOVERN CUSTOMER’S ACCESS TO AND USE OF THE SERVICES PROVIDED BY SMARTSHEET INC.
("Smartsheet"). THIS AGREEMENT IS EFFECTIVE AS OF THE DATE OF SUCH ACCEPTANCE OR EXECUTION (“Effective Date”). IF ANY
TERMS OR CONDITIONS IN THE SMARTSHEET AGREEMENT SUPPLEMENT APPLY TO CUSTOMER (e.g., if customer is a U.S. government
entity or educational institution) OR A SPECIFIC SERVICE (e.g., Smartsheet Gov or Event Reporting), THOSE TERMS AND CONDITIO NS
ARE ALSO INCORPORATED HEREIN BY REFERENCE AND FORM PART OF THIS AGREEMENT.
ANY INDIVIDUAL AGREEING TO BE BOUND BY THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR OTHER LEGAL ENTITY
REPRESENTS THAT SUCH INDIVIDUAL HAS THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS CONTAINED
HEREIN.
CUSTOMER SHALL NOT ACCESS OR USE THE SERVICES WITHOUT PRIOR WRITTEN CONSENT OF SMARTSHEET IF CUSTOMER IS OR
BECOMES A DIRECT COMPETITOR TO SMARTSHEET OR ITS AFFILIATES. 1. Services.
1.1 Right to Access and Use. Subject to the terms and conditions of this Agreement and in consideration of the fees specified in
any Order or SOW, Smartsheet hereby grants Customer a worldwide, non-exclusive, non-transferable right to access and use
Smartsheet’s online Services during the applicable Term for Customer’s own business purposes. Users may exercise such limited right
on behalf of Customer.
1.2 Restrictions. Customer’s access to and use of the Services during any Term is subject to the applicable restrictions in an Order,
SOW, and Smartsheet’s Limits Policy and Acceptable Use Policy available on the Site as of such Term’s start date. Customer shall not
permit a set of login credentials for a Service to be used by more than one User and shall not commercially sell, resell, license,
sublicense, distribute, or frame the Services to a third party. Customer shall access and use the Services in compliance with this
Agreement, the Documentation, and applicable laws and regulations, and shall promptly notify Smartsheet of any known unauthorized
access or use. Customer is responsible for Users’ access to and use of the Services.
2. Security and Processing.
2.1 Security. Smartsheet has implemented and will maintain information security policies and safeguards as described in
Schedule 1 (Security Practices) to this Agreement, which include physical, organizational, and technical measures designed to preserve
the security, integrity, and confidentiality of the online Services and Customer Content and to protect against information security
threats. Smartsheet may update such security policies and safeguards from time to time, provided that any such update does not
materially reduce the overall level of security or commitments as described in Schedule 1.
2.2 Processing. Customer represents and warrants that it has all rights, permissions, and consents necessary to: (a) submit all
Customer Content to the Services; and (b) grant Smartsheet the limited rights to process Customer Content for the provision of the
Services. Customer hereby grants Smartsheet a worldwide, non-exclusive, non-transferable, right to use and otherwise process
Customer Content under this Agreement only: (x) as required by applicable law; (y ) as requested by Customer in writing or as allowed
by Customer via a Service’s access controls; or (z) as necessary to provide, support, or optimize the Services or prevent or address
technical problems with the Services or violations of this Agreement. Smartsheet’s limited right to process Customer Content
hereunder will not excuse any obligation of Smartsheet relating to Customer Content under this Agreement. If Customer requires, in
its sole discretion, specific terms for processing Customer Content which includes personal information, Customer may submit a form
agreeing to the terms of the Data Processing Addendum ("DPA") at www.smartsheet.com/legal, and the DPA on the Site at the time
of such submission will be incorporated into this Agreement on the date of such submission or the Effective Date, whichever i s later.
2.3 Use of Third Parties. Smartsheet may engage third parties to act on Smartsheet’s behalf in connection with Smartsheet’s
provision of the Services provided that: (a) such third parties are subject to applicable confidentiality and data security obligations that
are substantially as protective as those set forth in this Agreement; and (b) Smartsheet i s responsible for such third parties’ acts and
omissions in relation to Smartsheet’s obligations under this Agreement. Unless otherwise agreed by the parties, all third parties
engaged to process Customer Content on behalf of Smartsheet are identified at www.smartsheet.com/legal/subprocessors.
3. Intellectual Property and Proprietary Rights.
Smartsheet User Agreement v0521 2 of 10
3.1 Smartsheet. As between the parties, all right, title, and interest in and to Smartsheet Properties is owned by Smartsheet
notwithstanding any other provision in this Agreement. Except as expressly set forth in this Agreement, Smartsheet does not c onvey
any rights to Customer or any User.
3.2 Customer. As between the parties, Customer retains all its right, title, and interest in and to Customer’s Confidential
Information, including Customer Content, and all intellectual property and proprietary rights therein. Excep t as expressly set forth in
this Agreement, Smartsheet acquires no right, title, or interest from Customer under this Agreement in or to Customer Content .
3.3 Feedback. Customer grants Smartsheet a worldwide, irrevocable, perpetual, sublicensable, transfer able, non-exclusive
license to use and incorporate into Smartsheet’s products and services any feedback or suggestions for enhancement that Customer
or a User provides to Smartsheet (“Feedback”), without any obligation of compensation. Feedback is provided by Customer “as-is,”
without representations or warranties, either express or implied, including any warranties of merchantability or fitness for a particular
purpose.
4. Ancillary Services; Third Party Products.
4.1 Professional Services. Smartsheet and Customer may enter into SOWs or Orders under this Agreement for the provision of
Professional Services. If Smartsheet provides Professional Services to Customer, Customer’s rights to access and use Customizations
resulting from such Professional Services are subject to the limitations and restrictions set forth in Section 1 (Services) of this
Agreement.
4.2 Smartsheet API. Smartsheet may make an application programming interface or other similar development tools available
within an online Service which establishes an interface with such Service (“Smartsheet API”). Unless Customer has entered into
Smartsheet's separate developer agreement and Smartsheet has provided Customer with an applic ation ID for authentication
purposes, Customer shall not use or enable a third party to use any Smartsheet API: (a) in a manner that causes Customer to e xceed
the limits of its authorized use of the applicable Service as set forth in this Agreement or an a pplicable Order; or (b) to access a
Smartsheet account not otherwise controlled by Customer.
4.3 Free Services. Smartsheet may make a Service available with a clear and conspicuous written notice specifying that the Service
is provided free of charge, on a trial basis and/or to be used at your own risk (“Free Services”). Notwithstanding any other provision
of this Agreement, Customer acknowledges and agrees that: (a) Free Services are made available without any support, maintenance,
warranty, commitment to availability, security, or accuracy, or other related obligation of any kind under this Agreement, unless
otherwise required by applicable law; (b) Free Services may not include or allow access to all features and functionality available to
paying customers; (c) Smartsheet may terminate the use of a Free Service at any time, unless otherwise specified in writing, and
Smartsheet will not be liable for such termination; (d) data, information, and content submitted to a Free Service may be permanently
lost, and Smartsheet will not be liable for such loss; and (e) if Customer has not provided a billing address to Smartsheet in connection
with its access to and use of Free Services, all notices required under this Agreement will be sent via email.
4.4 Third Party Products. If Customer separately procures services, applications, or online content from a third party (“Third Party
Products”) for use with the Services, any such use is subject to the end-user license or use agreement that Customer accepts from or
establishes with the third party. Third Party Products are not Services and, as between the parties, Smartsheet has no liability with
respect to Customer’s procurement or use of Third Party Products.
5. Fees and Payment.
5.1 Fees. Customer will pay Service fees specified in each Order or SOW. All Service fees are nonrefundable once paid except as
otherwise expressly provided in this Agreement or the applicable Order or SOW. Smartsheet may increase the unit price specified in
an Order for any Renewal Term upon written notice to Customer (including via email), provided that if the number of units purchased
by Customer for such Renewal Term is equal or greater than the number of units up for renewal, then such notice must be provided
at least forty-five (45) days prior to the start of the Renewal Term. Unless otherwise provided in a SOW, Customer will reimburse
Smartsheet for reasonable, out-of-pocket expenses incurred by Smartsheet in the course of providing Professional Services in
accordance with Smartsheet’s Travel and Expense Policy.
5.2 Payment. Unless otherwise provided in the applicable Order or SOW, Smartsheet will charge Customer for Subscription
Service fees on an annual basis in advance and Professional Service fees on a time and materials basis monthly in arrears and all
amounts due under this Agreement are payable in United States dollars net thirty (30) days from the date of the invoice. Cust omer
agrees to promptly notify Smartsheet in writing of any changes to its billing information during any Term. Smartsheet reserves the
right to correct any billing errors or mistakes that Smartsheet identifies in an invoice or after a payment is received. Customer shall
Smartsheet User Agreement v0521 3 of 10
remit payments by only electronic means (including by wire or ACH or for amounts less than $25,000.00 USD by credit card), with a
notation to applicable invoice numbers. Smartsheet may accept payment in any amount without prejudice to Smartsheet’s right to
recover the balance of the amount due under an Order or SOW or to pursue any other right or remedy. Amounts due to Smartsheet
from Customer shall not be withheld or offset against amounts due or alleged to be due to Customer from Smartsheet. Except as
prohibited by law, Smartsheet may charge a late fee of one and one-half percent (1.5%) per month on past due amounts. If Customer
requires a purchase order, vendor registration form, or other documentation, such requirement will in no way relieve, affect, or delay
Customer’s obligation to pay any amounts due hereunder.
5.3 Taxes. Other than income taxes imposed on Smartsheet, Customer will bear all taxes, duties, VAT, and all other governmental
charges (collectively, “Taxes”) resulting from this Agreement. If Customer is exempt from any applicable Taxes, Customer will provide
evidence reasonably satisfactory to Smartsheet of Customer’s tax-exempt status and, after receipt of such evidence, Smartsheet will
not charge Customer any Taxes from which it is exempt. If it is determined that payments due under this Agreement are subject to
withholding Taxes, Customer shall notify Smartsheet prior to deducting any such Taxes. Customer shall: (a) only withhold amounts
required under law; (b) make timely payment to the proper taxing authority of such withheld amount; and (c) provide Smartshee t
with proof of such payment within thirty (30) days following that payment.
5.4 Affiliates. Customer’s Affiliates may purchase Services under this Agreement by executing an Order or SOW. Each Order or
SOW is a separate contract between Smartsheet and the Affiliate that executes it, and such Affiliate will be deemed “Customer” as
used in this Agreement with respect to such Order or SOW.
5.5 Resellers. Customer may elect to purchase certain Services through a reseller authorized by Smartsheet (“Reseller”).
Customer’s obligation for payment to, and its relationship with, any Reseller is between Customer and such Reseller, and Customer
must direct any claims for refunds owed hereunder to such Reseller.
6. Confidentiality.
6.1 Confidential Information. “Confidential Information” means all non-public, proprietary, business, technical, legal, or financial
information disclosed or learned in connection with this Agreement that the Disclosing Party has identified as confidential a t the time
of disclosure or that, based on the nature of the information or circumstances surrounding its disclosure, the Receiving Party would
clearly understand it as confidential. Confidential Information includes Smartsheet Properties with regard to Smartsheet and Customer
Content with regard to Customer. Notwithstanding the foregoing definition, Confidential Information does not include: (a) information
that was generally known to the public at the time disclosed to the Receiving Party; (b) information that becomes generally known to
the public (other than through a breach of Section 6 (Confidentiality) by the Receiving Party) after disclosure to the Receiving Party ;
(c) information that was in the Receiving Party’s possession free of any obligation of confidentiality prior to disclosure by the Disclosing
Party; (d) information that is rightfully received by the Receiving Party from a third party without any restriction on disclosure; or
(e) information that was independently developed by the Receiving Party without reference to or use of Disclosing Party’s Confidential
Information. ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS.” EXCEPT FOR THE WARRANTIES EXPRESSLY STATED IN THIS
AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS
OF ITS CONFIDENTIAL INFORMATION.
6.2 Use and Disclosure of Confidential Information. The Receiving Party: (a) will not use the Disclosing Party’s Confidential
Information for any purpose except as permitted under this Agreement; (b) will not disclose, give access to, or distribute any of the
Disclosing Party’s Confidential Information to any third party, except to the extent expressly authorized in this Agreement or a separate
written agreement signed by the Disclosing Party; and (c) will take reasonable security precautions (which will be at least as protective
as the precautions it takes to preserve its own Confidential Information of a similar nature) to safeguard the Disclosing Party’s
Confidential Information. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information to those o f its
employees, directors, Affiliates, advisors, agents, contractors, and other representatives (“Representatives”) who need to know such
information in order to exercise their respective rights and obligations hereunder, provided that each such Representative is bound
to protect the Confidential Information by confidentiality obligations substantially as protective as those set forth in this Agreement.
The Receiving Party will be responsible for its Representatives’ disclosure or use of the Disclosing Party’s Confidential Inf ormation in
violation of Section 6 (Confidentiality). The Receiving Party will promptly notify the Disclosing Party in writing upon discovery of any
unauthorized disclosure or use of the Disclosing Party’s Confidential Information, or any other breach of Section 6, by it or its
Representatives. The Receiving Party’s obligations set forth in Section 6 will remain in effect during the Term and for three (3) years
after termination of this Agreement. The disclosure of Confidential Information to the Receiving Party does not grant or convey any
right of ownership of such Confidential Information.
6.3 Required Disclosures. The Receiving Party may disclose Confidential Information to the extent required by law or legal
process, provided, however, the Receiving Party will (unless prohibited by law or legal process): (a) give the Disclosing Party prior
Smartsheet User Agreement v0521 4 of 10
written notice of such disclosure to afford the Disclosing Party a reasonable opportunity to appear, object, and obtain a pro tective
order or other appropriate relief regarding such disclosure; (b) use diligent efforts to limit disclosure to that which is legally required;
and (c) reasonably cooperate with the Disclosing Party, at the Disclosing Party’s expense, in its efforts to obtain a protect ive order or
other legally available means of protection.
6.4 Return and Deletion. Upon written request by the Disclosing Party, the Receiving Party will, without undue delay: (a) either
return or destroy all tangible documents and media in its possession or control that contain the Disclosing Party’s Confidential
Information; (b) delete electronically stored Confidential Information of the Disclosing Party in its possession or control; and (c) certify
its compliance with this Section 6.4 in writing. Notwithstanding the foregoing: (x) the Receiving Party will not be obligated to render
unrecoverable Confidential Information of the Disclosing Party that is contained in an archived computer system backup made i n
accordance with the Receiving Party's legal and financial compliance obligations or security and disaster recovery procedure; and (y)
Smartsheet shall return and delete Customer Content as set forth in Section 10.4 (Return and Deletion of Customer Content). Any
such retained Confidential Information will remain subject to Section 6 (Confidentiality).
6.5 Remedies. The Receiving Party acknowledges that any actual or threatened breach of Section 6 (Confidentiality) may cause
irreparable, non-monetary injury to the Disclosing Party, the extent of which may be difficult to ascertain. Accordingly, the Disclosing
Party is entitled to (but not required to) seek injunctive relief to prevent or mitigate any breaches of Section 6 with respe ct to the
Disclosing Party’s Confidential Information or any damages that may otherwise result from those breaches.
7. Representations and Warranties.
7.1 Authority and Compliance Warranty. Smartsheet represents and warrants that it has the necessary authority to enter into
this Agreement and that Smartsheet shall comply with any United States laws and regulations to the extent such laws and regulations
apply to Smartsheet’s provision of the Services under this Agreement. For the avoidance of doubt, Smartsheet shall not be responsible
for Customer’s compliance with any laws and regulations applic able to Customer and its industry.
7.2 Limited Warranty for Subscription Services. Smartsheet represents and warrants that the Subscription Services will operate
during the applicable Term substantially as described in the applicable Documentation. Upon receipt of Customer’s written notice of
any alleged failure to comply with this warranty, Smartsheet will use commercially reasonable efforts to cure or correct the failure. If
Smartsheet has not cured or corrected the failure within thirty (30) days follo wing its receipt of such notice, then Customer may
terminate the applicable Order and Smartsheet shall issue a refund of prepaid fees covering the terminated portion of the Subscription
Services. Notwithstanding the foregoing, this warranty will not apply to any failure due to a defect in or modification of a Subscription
Service that is caused or made by Customer, any User, or any person acting at Customer’s direction. This Section 7.2 sets forth
Customer’s exclusive rights and remedies and Smartsheet’s sole liability in connection with this warranty.
7.3 Limited Warranty for Professional Services. Smartsheet represents and warrants that the Professional Services will be
provided in a competent and workmanlike manner in accordance with the Order or SOW, a s applicable. Customer must notify
Smartsheet in writing of any alleged failure to comply with this warranty within thirty (30) days following delivery of the P rofessional
Services. Upon receipt of such notice, Smartsheet will either: (a) use commercially reasonable efforts to cure or correct the failure; or
(b) terminate the Professional Services and issue a refund of prepaid fees covering the terminated portion of the Professional Services.
This Section 7.3 sets forth Customer’s exclusive rights and remedies and Smartsheet’s sole liability in connection with this warranty.
7.4 Disclaimer. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT, SMARTSHEET
MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, SMARTSHEET SPECI FICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH LAWS, NON-INFRINGEMENT, AND ACCURACY, AND SMARTSHEET DOES
NOT WARRANT THAT THE SERVICES OR THIRD-PARTY APPLICATIONS AND SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT
INTERRUPTIONS OR DOWNTIME.
8. Indemnification.
8.1 By Smartsheet. Smartsheet will defend Customer and its respective officers, directors, and employees (“Customer
Indemnified Parties”) from and against any claims, demands, proceedings, investigations, or suits brought by a third party alleging
that Customer’s use of the Services or Customizations in accordance with this Agreement infringes any third party intellectua l property
rights (each, a “Claim Against Customer”). Smartsheet will indemnify Customer Indemnified Parties for any finally awarded damages
or settlement amount approved by Smartsheet in writing to the extent arising from a Claim Against Customer, and any reasonabl e
attorneys’ fees of Customer associated with initially responding to a Claim Against Customer. Notwithstanding the foregoing,
Smartsheet will have no obligation under this Section 8.1 to the extent any Claim Against Customer arises from: (a) Customer’s use of
Smartsheet User Agreement v0521 5 of 10
the Services or Customizations in combination with technology or services not provided by Smartsheet, if the Services or
Customizations or use thereof would not infringe without such combination; (b) Customer Content; (c) Smartsheet’s compliance with
designs, specifications, or instructions provided in wr iting by Customer if such infringement would not have occurred but for such
designs, specifications, or instructions; or (d) use of the Services or Customizations by Customer after notice by Smartsheet to
discontinue use. If Customer is enjoined or otherwise prohibited from using any of the Services or Customizations or a portion thereof
based on a Claim Against Customer, then Smartsheet will, at Smartsheet’s sole expense and option, either: (x) obtain for Cust omer
the right to use the allegedly infringing portions of the Service or Customizations; (y) modify the allegedly infringing portion of the
Service or Customizations so as to render it non-infringing without substantially diminishing or impairing its functionality; or (z) replace
the allegedly infringing portions of the Service or Customizations with non-infringing items of substantially similar functionality. If
Smartsheet determines that the foregoing remedies are not commercially reasonable or possible, then Smartsheet will terminate the
applicable Order or SOW and issue a refund of prepaid fees covering the terminated portion of the applicable Service.
8.2 By Customer. To the extent permitted by applicable law, Customer will defend Smartsheet and Smartsheet’s Affiliates
providing the Services, and their respective officers, directors, and employees (“Smartsheet Indemnified Parties”) from and against
any claims, demands, proceedings, investigations, or suits brought by a third party arising out of Customer Content or Custom er’s use
of the Services or Customizations in violation of applicable law (each, a “Claim Against Smartsheet”). Customer will indemnify
Smartsheet Indemnified Parties for any finally awarded damages or settlement amount approved by Customer in writing to the ex tent
arising from a Claim Against Smartsheet, and any reasonable attorneys’ fees of Smartsheet associated with initially responding to a
Claim Against Smartsheet.
8.3 Conditions. The indemnifying party’s obligations under Section 8 (Indemnification) are contingent on the indemnified party:
(a) promptly providing written notice of the claim to the indemnifying party, provided that indemnifying party shall not be e xcused
from its indemnity obligations for indemnified party’s failure to provide prompt notice except to the exten t that the indemnifying
party is materially prejudiced thereby; (b) giving the indemnifying party sole control of the defense and settlement of the claim,
provided that any settlement unconditionally releases the indemnified party of all liability and does not make any admissions on behalf
of the indemnified party or include payment of any amounts by the indemnified party; and (c) providing the indemnifying party, at the
indemnifying party’s expense, all reasonable assistance in connection with such claim. The indemnified party may participate in the
defense of the claim at its sole cost and expense. Section 8 sets forth the indemnifying party’s sole liability to, and the indemnified
party’s exclusive remedy for, any type of claim or action described in Section 8.
9. Limitations of Liability.
TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY LOST PROFITS, GOODWILL, OR REVENUES OR FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES IN CONNECTION WITH
ANY CLAIM OF ANY NATURE, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, ARISING UNDER THIS AGREEMENT,
EVEN IF A PARTY HAS BEEN GIVEN ADVANCE NOTICE OF SUCH POSSIBLE DAMAGES OR IF A PARTY’S REMEDY OTHERWISE FAILS OF ITS
ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY LAW, EACH PARTY’S ENTIRE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID BY
CUSTOMER TO SMARTSHEET UNDER THIS AGREEMENT FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12)
MONTHS PRIOR TO THE DATE ON WHICH THE LIABILITY AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS
LIMIT.
THE FOREGOING EXCLUSIONS AND LIMITS IN THIS SECTION 9 SHALL NOT APPLY TO LIABILITY OR OBLIGATIONS ARISING UNDER
SECTIONS 1.2 (RESTRICTIONS) OR 8 (INDEMNIFICATION), INFRINGEMENT OR MISAPPROPRIATION BY A PARTY OF THE OTHER PARTY’S
INTELLECTUAL PROPERTY RIGHTS, OR CUSTOMER’S OBLIGATION TO PAY FOR SERVICES OR TAXES UNDER THIS AGREEMENT.
10. Term and Termination.
10.1 Term. This Agreement will remain in effect until terminated as set forth herein or by the parties’ mutual written agreement.
Orders will remain in effect for the Term of the Services specified in such Order. EACH SERVICE WITH A SUBSCRIPTION-BASED TERM
ON AN ORDER WILL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE (1) YEAR RENEWAL TERMS (each, a “Renewal Term”) UNLESS THE
PARTIES AGREE OTHERWISE IN THE ORDER OR A PARTY PROVIDES THE OTHER PARTY WRITTEN NOTICE (INCLUDING VIA EMAIL) OF
NON-RENEWAL AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE THEN -CURRENT TERM. For the avoidance of doubt, any
purchases of non-subscription or one-time Services made via an Order will not automatically renew. Each SOW will remain in effect
for the period specified therein. If no period is specified, the SOW will terminate once the Professional Services set forth in the SOW
have been completed.
Smartsheet User Agreement v0521 6 of 10
10.2 Termination for Cause. Either party may terminate a Service or this Agreement immediately upon written notice if the other
party breaches any material provision of an Order, SOW, or this Agreement, and fails to cure the breach within thirty (30) da ys of such
written notice from the non-breaching party.
10.3 Effect of Termination. Upon termination of this Agreement for any reason: (a) all Orders and SOWs under this Agreement will
terminate; and (b) all rights and obligations of the parties hereunder will cease (except as set forth in Section 10.6 (Survival)). If
Customer terminates a Service or this Agreement for Smartsheet’s uncured breach pursuant to Section 10.2 (Termination for Cause),
Smartsheet shall issue a refund of prepaid fees covering the terminated portion of each Services’ respective Term and, if applicable,
Partner Apps. If Smartsheet terminates a Service or this Agreement for Customer’s uncured breach pursuant to Section 10.2, Customer
shall pay any outstanding amounts payable under this Agreement for the Term applicable to any terminated Service and, if applicable,
Partner Apps. Customer will remain obligated to pay for Professional Services rendered through, or payable as of, the effective date
such Professional Services are terminated.
10.4 Return and Deletion of Customer Content. At any time during the Term, Customer may download a backup copy of Customer
Content (with file attachments in their native formats and all other Customer Content in an industry standard export format) from an
online Service by using a self-service feature, or may request such backup copy by written notice to Smartsheet if such feature is not
available. Upon Customer’s written request at the time of termination or expiration of any Term, Customer’s SysAdmin will be allowed
read-only access to an online Service for thirty (30) days following such date of termination or expiration for the sole purpose of
downloading a backup copy of Customer Content. Within one hundred eighty (180) days following termination or expiration of any
Term, Smartsheet will delete and render Customer Content unrecoverable and, upon Customer’s written request, certify such process
in writing. Notwithstanding the foregoing, Smartsheet may retain copies of Customer Content as part of re cords, documents, or
broader data sets in accordance with Smartsheet’s legal and financial compliance obligations, provided that Smartsheet contin ues to
comply with all the requirements of the Agreement in relation to any such retained Customer Content.
10.5 Suspension. Smartsheet may suspend Customer’s access to any Service immediately if: (a) Customer fails to make a payment
for more than fifteen (15) days following its due date; or (b) Customer has, or Smartsheet reasonably suspects based on documented
evidence that Customer has, breached Section 1.2 (Restrictions) or misappropriated or infringed Smartsheet’s intellectual property or
proprietary rights.
10.6 Survival. The following Sections will survive termination or expiration of this Agreement: 2.2 (Processing); 3 (Intellectual
Property and Proprietary Rights); 4.3 (Free Services); 5.1 (Fees); 5.2 (Payment); 6 (Confidentiality); 8 (Indemnification); 9 (Limitations
of Liability); 10.4 (Return and Deletion of Customer Content); 10.6 (Survival); and, to the extent necessary to effectuate the foregoing,
11 (General).
11. General.
11.1 Insurance. Smartsheet will procure and maintain at its expense commercially reasonable insurance coverage during the Term,
evidenced by Smartsheet’s certificate of insurance, which is available on the Site.
11.2 Publicity. Unless Customer has notified Smartsheet to the contrary in writing (including via email), Smartsheet may disclose
Customer as a customer of Smartsheet or the named Services used by Customer or may use Customer’s name and logo on the Site or
in Smartsheet’s promotional materials.
11.3 United States Government End-Users. The Services provided by Smartsheet are “commercial items” consisting in part of
“commercial computer software” and “computer software documentation,” as such terms are used in the Federal Acquisition
Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). In accordance with FAR 12.211 (Technical data)
and FAR 12.212 (Computer software), and DFARS 227.7102 (Commercial items, components, or processes) and DFARS 227.7202
(Commercial computer software and commercial computer software documentation), as applicable, the rights of the United States
government to use, modify, reproduce, release, perform, display, or disclose computer software, computer software documentation,
and technical data furnished in connection with the Services will be pursuant to the terms of this Agreement. This United Sta tes
government rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government
rights in computer software, computer software documentation, or technical data.
11.4 Export Compliance. Each party shall comply with United States export control laws and regulations. Without limiting the
foregoing: (a) Customer acknowledges that the Services, Documentation, and Customizations may be subject to United States Exp ort
Administration Regulations; (b) Customer will not permit Users to access or use any Service, Documentation , or Customization in a
United States embargoed country; and (c) Customer is responsible for complying with any local laws and regulations which may impact
Customer’s right to export, access, or use the Services, Documentation, and Customizations.
Smartsheet User Agreement v0521 7 of 10
11.5 Notices. Except where this Agreement permits notice via email, all notices provided by a party under this Agreement must
be in writing and sent via internationally recognized delivery service or certified United States mail. Notices sent via email will be
deemed given one (1) business day after being sent, and notices sent via any other authorized delivery method will be deemed given
five (5) business days after being sent. Notices must be addressed as follows: if to Smartsheet, Attn: Legal, 10500 NE 8th Street, Suite
1300, Bellevue, WA 98004, and for notices permitted to be sent via email, to legal@smartsheet.com; and, if to Customer, Attn: Legal
at the billing address on record with Smartsheet that was provided by Customer, and for notices permitted to be sent via emai l, to
Customer’s then-current SysAdmin(s) email address. Customer may request notification of changes to the Policies and Privacy Notice
via www.smartsheet.com/notification-requests.
11.6 Assignment. Either party may assign this Agreement and any Orders or SOWs in connection with a merger or similar
transaction or to a company acquiring substantially all of its assets, equity, or business, without any requirement to obtain permission
for such assignment; otherwise, neither party may assign this Agreement or any Orders or SOWs to a third party without the advance
written consent of the other party. Subject to the foregoing and notwithstanding any prohibitions on transferability under th is
Agreement, the assigning party shall notice the non-assigning party of any permitted assignment and this Agreement and any Orders
or SOWs will bind and inure to the benefit of the parties, their successors, and their permitted assigns.
11.7 Force Majeure. Neither party is liable for delay or default under this Agreement if caused by conditions beyond its reasonable
control, provided that the party suffering from any such conditions shall use reasonable efforts to mitigate against the effects of such
conditions.
11.8 Amendment; Waiver. Unless otherwise expressly stated herein, this Agreement and any Orders or SOWs may be modified
only by a written agreement executed by an authorized representative of each party. The waiver of any breach of this Agreement or
of any Order or SOW will be effective only if in writing, and no such waiver will operate or be construed as a waiver of any subsequent
breach.
11.9 Enforceability. If any provision of this Agreement or any Order or SOW is held to be unenforceable, then that provision is to
be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if
not permitted by law), and the rest of this Agreement or the relevant Order or SOW is to remain in effect as written. Notwithstanding
the foregoing, if modifying or disregarding the unenforceable provisi on would result in failure of an essential purpose of this
Agreement or any Order or SOW, the entire Agreement or the relevant Order or SOW will be considered null and void.
11.10 Governing Law. This Agreement and any Orders and SOWs are governed by the l aws of the State of Washington, without
regard to its conflicts of law rules, and each party hereby consents to exclusive jurisdiction and venue in the state and fed eral courts
located in Seattle, Washington for any dispute arising out of this Agreement or any Orders or SOWs.
11.11 Entire Agreement; Conflict. This Agreement, together with the Policies, Schedule(s) attached hereto, and, if applicable, the
DPA, and any Orders and SOWs represent the entire agreement between Smartsheet and Customer with respec t to the Services.
Downloadable Smartsheet software expressly governed by a separate end-user license agreement presented at the time of download
or use are not governed by this Agreement. During the electronic provisioning of paid online Services, any user agreement presented
to a User will be considered null and void, however, Users will be required to individually acknowledge that certain information
collected about them is used as described in such Service’s Privacy Notice, which is available on the Site. In the event of any conflict
between this Agreement and any Order or SOW, this Agreement will govern and control unless the Order or SOW expressly and
specifically overrides terms or conditions of this Agreement. With respect to any Services, terms a nd conditions included in the
following items, whether submitted or executed before or after the Term start date, are null and void: (a) a Customer purchas e order
or similar document; (b) a Customer vendor registration form or online portal; and (c) any other contemporaneous or prior agreements
or commitments regarding the Services or the other subject matter of this Agreement.
11.12 Revisions. Smartsheet reserves the right to revise this Agreement by posting a revised version on the Site, which will be
effective five (5) days after posting. Continued use of the Services after the effective date of revision will constitute Cus tomer’s
acceptance of the revised Agreement. If Customer objects to the revisions, Customer may terminate any Orders governed by this
Agreement by providing written notice to Smartsheet prior to the effective date of revision, provided that Customer will rema in
obligated to pay amounts due to Smartsheet under such Orders and will not receive a refund of prepaid fees. Customer's termination
will be effective upon Smartsheet's written acknowledgement of such termination, and in no event later than thirty (30) days from
Smartsheet's receipt of Customer's termination notice.
12. Definitions. Capitalized terms used but not otherwise defined in this Agreement have the following meanings:
“Affiliate” means any person or entity that owns or controls, is owned or controlled by, or is under common control or
ownership with, a party to this Agreement, where “control” is defined as the possession, directly or indirectly, of the power
Smartsheet User Agreement v0521 8 of 10
to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities,
by contract, or otherwise.
“Customer Content” means any data, file attachments, text, images, reports, personal information, or other content that is
uploaded or submitted to the online Services by Customer or Users and is processed by Smartsheet on behalf of Customer.
For the avoidance of doubt, Customer Content does not include usage, statistical, or technical information that does not
reveal the actual contents of Customer Content.
“Customizations” means all software, code, materials, ideas, deliverables, and items that are conceived, made, discovered,
written, or created by Smartsheet’s personnel in connection with Professional Services under an Order or SOW.
“Disclosing Party” means the party disclosing Confidential Information to the Receiving Party.
“Documentation” means documentation provided by Smartsheet on the Site that is uniformly available and applicable to all
Smartsheet customers and relates to the operation and use of the Services, including user manuals, operatin g instructions,
help articles, and release notes, each as updated by Smartsheet from time to time.
“Order” means an executed ordering document or online order issued or otherwise approved in writing by Smartsheet that
incorporates this Agreement by reference and specifies the Services that Customer is authorized to access and use.
“Partner App” means a service or application developed and owned by a third party for which Customer purchases a license
from Smartsheet under an Order and is made available to Customer exclusively in accordance with the terms and conditions
of the end-user license agreements accompanying them, except that the payment provisions of this Agreement will apply.
“Policies” means the Limits Policy, Acceptable Use Policy, and Travel and Expense Policy, each as found on the Site at
www.smartsheet.com/legal and updated by Smartsheet from time to time.
“Professional Services” means implementation, configuration, integration, training, advisory, and other professional services
related to the online Services that are provided or controlled by Smartsheet.
“Receiving Party” means the party receiving or accessing Confidential Information of the Disclosing Party.
“Services” means the Professional Services and the Subscription Services and any other online service or application provided
or controlled by Smartsheet for use with the Subscription Services.
“Site” means Smartsheet’s website at www.smartsheet.com and any website linked from such website that is owned or
controlled by Smartsheet.
“Smartsheet Properties” means Services, Documentation, and Customizations, and all Smartsheet technology, software,
data, methodologies, improvements, and documentation used to provide or made available in connection with Services,
Documentation, and Customizations, and all intellectual property and proprietary rights in and to the foregoing.
“SOW” means an executed statement of work or similar document issued or otherwise approved in writing by Smartsheet
that incorporates this Agreement by reference and specifies the scope of the Professional Services for Customer.
“Subscription Services” means the subscription-based online work collaboration services and applications that are provided
or controlled by Smartsheet.
“SysAdmin” means a User with certain administrative control rights over online Services.
“Term” means the period of authorized access and use of a Service specified in an Order.
“User” means any individual permitted or invited by Customer or another User to access and use online Services available to
Customer under an Order and the terms of this Agreement.
Smartsheet User Agreement v0521 9 of 10
SCHEDULE 1
SECURITY PRACTICES
Capitalized terms used but not defined in this Schedule 1 have the meanings ascribed to them in the Agreement.
1. Security Protocols.
1.1 Information Security Program. Smartsheet shall maintain a comprehensive written information security program, including
policies, standards, procedures, and related documents that establish criteria, means, methods, and measures governing the
processing and security of Customer Content and the Smartsheet systems or networks used to process or secure Customer Content
in connection with providing the Services (“Smartsheet Information Systems”). Third parties engaged by Smartsheet in accordance
with the Agreement will maintain (at a minimum) substantially similar levels of security as applicable and required by these Security
Practices.
1.2 Security Controls. In accordance with its information security program, Smartsheet shall implement appropriate physical,
organizational, and technical controls designed to: (a) ensure the security, integrity, and confidentiality of Customer Content accessed,
collected, used, stored, or transmitted to or by Smartsheet; and (b) protect Customer Content from known or reasonably anticipated
threats or hazards to its security, integrity, accidental loss, alteration, disclosure, and other unlawful forms of processin g. Without
limiting the foregoing, Smartsheet will, as appropriate, utilize the following controls:
1.2.1 Firewalls. Smartsheet will install and maintain firewall(s) to protect data accessible via the Internet.
1.2.2 Updates. Smartsheet will maintain programs and routines to keep the Smartsheet Information Systems up to date
with the latest upgrades, updates, bug fixes, new versions, and other modifications.
1.2.3 Anti-malware. Smartsheet will deploy and use anti-malware software and will keep the anti-malware software up to
date. Smartsheet will use such software to mitigate threats from all viruses, spyware, and other malicious code that
are or should reasonably be detected.
1.2.4 Testing. Smartsheet will regularly test its security systems, processes, and controls to ensure they meet the
requirements of these Security Practices.
1.2.5 Access Controls. Smartsheet will secure data in production Smartsheet Information Systems by complying with the
following:
a. Smartsheet will assign a unique ID to each individual with access to systems processing Customer Content.
b. Smartsheet will restrict access to systems with Customer Content to only those individuals necessary to perform
a specified obligation as permitted by this Agreement.
c. Smartsheet will regularly review (at a minimum once every ninety (90) days) the list of individuals and services
with access to systems processing Customer Content and remove accounts that no longer require access.
d. Smartsheet will not use manufacturer supplied defaults for system passwords on any operating systems,
software, or other systems, and will mandate the use of system-enforced “strong passwords” in accordance
with or exceeding the best practices (described below) on all systems processing Customer Content, and will
require that all passwords and access credentials be kept confidential and not shared among Smartsheet
personnel.
e. At a minimum, Smartsheet production passwords will: (i) contain at least eight (8) characters; (ii) not match
previous passwords, the user’s login, or common name; (iii) be changed whenever an account compromise is
suspected or assumed; and (iv) be regularly replaced.
f. Smartsheet will enforce account lockout by disabling accounts with access to Customer Content when an
account exceeds a designated number of incorrect password attempts in a certain period.
g. Smartsheet will maintain log data for all use of accounts or credentials by Smartsheet personnel for access to
systems processing Customer Content and will regularly review access logs for signs of malicious behavior or
unauthorized access.
1.2.6 Policies. Smartsheet will maintain and enforce appropriate information security, confidentiality, and acceptable use
policies for employees, subcontractors, and suppliers that meet the standards set forth in these Security Practices,
including methods to detect and log policy violations.
1.2.7 Development. Development and testing environments for Smartsheet Information Systems will be separate from
production environments.
1.2.8 Deletion. Smartsheet will utilize procedures that are at a minimum in accordance with National Institute of Standards
and Technology (NIST) SP 800-88 Revision 1 recommendations (or a successor standard widely used in the industry)
to render Customer Content unrecoverable prior to disposal of media.
1.2.9 Encryption. Smartsheet will utilize cryptographic standards mandating authorized algorithms, key length
requirements, and key management processes that are consistent with or exceed then-current industry standards,
including NIST recommendations, and utilize hardening and configuration requirements consistent in approach with
then-current industry standards, including SANS Institute, NIST, or Center for Internet Security (CIS)
Smartsheet User Agreement v0521 10 of 10
recommendations. Pursuant to such standards, Smartsheet will encrypt Customer Content at rest within the online
Services and will only allow encrypted connections to the online Service for the transfer of Customer Content.
1.2.10 Remote Access. Smartsheet will ensure that any access from outside of its protected corporate or production
environments to systems processing Customer Content or to Smartsheet’s corporate or development workstation
networks will require appropriate connection controls, such as VPN or multi -factor authentication.
2. System Availability. Smartsheet will maintain (or, with respect to systems controlled by third parties, ensure that such third
parties maintain) a disaster recovery (“DR”) program designed to recover the Subscription Service’s availability following a disaster.
At a minimum, such DR program will include the following elements: (a) routine validat ion of procedures to regularly and
programmatically create retention copies of Customer Content for the purpose of recovering lost or corrupted data; (b) invent ories,
updated at minimum annually, that list all critical Smartsheet Information Systems; (c) annual review and update of the DR program;
and (d) annual testing of the DR program designed to validate the DR procedures and recoverability of the service detailed th erein.
3. Security Incidents.
3.1 Procedure. Smartsheet will notify Customer in writing without undue delay upon Smartsheet becoming aware of confirmed
unauthorized or unlawful access to any Customer Content processed by Smartsheet Information Systems (a “Security Incident”).
Smartsheet will investigate and, as necessary, mitigate or remediate a Security Incident in accordance with Smartsheet’s security
incident policies and procedures.
3.2 Unsuccessful Attempts. An unsuccessful attack or intrusion is not a Security Incident subject to this Section 3. An
“unsuccessful attack or intrusion” is one that does not result in unauthorized or unlawful access to Customer Content and may include,
without limitation, pings and other broadcast attacks on firewalls or e dge servers, port scans, unsuccessful log-on attempts, denial of
service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond IP addre sses or
TCP/UDP headers), or similar incidents.
3.3 User Involvement. Unauthorized or unlawful access to Customer Content that results from the compromise of a User’s login
credentials or from the intentional or inadvertent disclosure of Customer Content by a User is not a Security Incident.
3.4 Notifications. Notification(s) of Security Incidents, if any, will be delivered to one or more of Customer’s SysAdmin users by
any reasonable means Smartsheet selects, including email. Customer is solely responsible for maintaining accurate contact
information in the online Service at all times.
3.5 Disclaimer. Smartsheet’s obligation to report or respond to a Security Incident under this Section 3 is not an
acknowledgement by Smartsheet of any fault or liability of Smartsheet with respect to the Security Incident.
4. Auditing and Reporting.
4.1 Monitoring. Smartsheet monitors the effectiveness of its information security program on an ongoing basis by conducting
various audits, risk assessments, and other monitoring activities to ensure the effectiveness of its security measures and controls.
4.2 Audit Reports. Smartsheet uses external auditors to verify the adequacy of its security measures and controls for certain
Services, including the Subscription Services. The resulting audit will: (a) include testing of the entire measurement period since the
previous measurement period ended; (b) be performed according to AICPA SOC2 standards or such other alternative standards that
are substantially equivalent to AICPA SOC2; (c) be performed by independent third party security professionals at Smartsheet's
selection and expense; and (d) result in the generation of a SOC2 report (“Audit Report”), which will be Smartsheet's Confidential
Information. The Audit Report will be made available to Customer upon written request no more than annually, subject to the
confidentiality obligations of the Agreement or a mutually-agreed non-disclosure agreement. For the avoidance of doubt, each Audit
Report will only discuss Services in existence at the time the Audit Report was issued; subsequently released Services, if within the
scope of the Audit Report, will be in the next annual iteration of the Audit Report.
4.3 Penetration Testing. Smartsheet uses external security experts to conduct penetration testing of certain online Services,
including the Subscription Services. Such testing will: (a) be performed at least annually; (b) be performed by independent t hird party
security professionals at Smartsheet’s selection and expense; and (c) result in the generation of a penetration test report (“Pen Test
Report”), which will be Smartsheet’s Confidential Information. Pen Test Reports will be made available to Customer upon written
request no more than annually subject to the confidentiality obligations of the Agreement or a mutually-agreed non-disclosure
agreement.
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
3. E. 1. Approve Resolution No. 21-51 to Authorize Application of a Grant with the Department of
Natural Resources for DeCola Ponds SEA School-Wildwood Park Flood Storage Project
Prepared By
Eric Eckman, Environmental Resources Supervisor
Summary
On December 29, 2016 the City submitted an application to the Minnesota Department of Natural
Resources (MnDNR) Flood Damage Reduction Grant Assistance Program to help fund the construction
of a series of capital projects outlined in the Medicine Lake Road and Winnetka Avenue Area Long
Term Flood Mitigation Plan. Building off of the construction of the Liberty Crossing flood storage, the
first phase of the project identified for construction under the grant program was the DeCola Ponds B
and C Improvement Project funded in part by the 2018 state bonding bill and completed in 2020. The
next phase of the project identified for construction is the SEA School-Wildwood Park Flood Storage
Project.
The SEA School-Wildwood Park Flood Storage Project was included in state legislature’s 2020 bonding
bill with an allocation of $1,300,000 to the MnDNR flood damage reduction program. The attached
resolution would give the City the authority to apply for a grant to access this funding. If application is
successful, the City and the MnDNR would work to execute a new or extended grant agreement for
consideration by City Council later this summer.
The engineering feasibility study for the flood storage project was recently completed in partnership
with the Bassett Creek Watershed Management Commission (BCWMC). The planning level cost
estimate for the project is approximately $3,100,000. Based on the funding allocated in the 2020
bonding bill, the DNR will provide $1,300,000 and the City and its partners will provide a local match of
$1,300,000 plus the remaining funding to complete the project. Following is an estimate of the funding
sources for the project:
MnDNR $1,300,000
BCWMC $1,300,000
Hennepin County $ 300,000
City of Golden Valley $ 200,000
Total $3,100,000
City Council Regular Meeting Executive Summary
City of Golden Valley
July 6, 2021
2
As is typical with collaborative projects like this one, the City will provide the initial funding and will be
reimbursed by the MnDNR and its local partners on a monthly or quarterly basis, as project milestones
are reached.
If a grant agreement with the MnDNR and a cooperative agreement with the BCWMC are executed
later this summer, final design of the project could begin this fall with additional community input and
engagement with stakeholders. Construction could begin in 2022.
Financial or Budget Considerations
The City’s portion of the SEA School-Wildwood Park Flood Storage Project, approximately $200,000,
would be funded by the CIP Storm Sewer section SS-69 and Parks section P-002 (for trail extensions
and park improvements).
Recommended Actions
Motion to approve a Resolution No. 21-51 Authorizing Application to the Flood Damage Reduction
Grant Assistance Program with the Minnesota Department of Natural Resources for the DeCola Ponds
SEA School-Wildwood Park Flood Storage Project
Supporting Documents
• Location Map (1 page)
• Resolution No. 21-51 Authorizing Application to the Flood Damage Reduction Grant Assistance
Program with the Minnesota Department of Natural Resources
DecolaPond A
DecolaPonds B & C
Deco laPondE
Deco laPond F
Deco laPond D
Golden Meadows Pond
Medicine Lake Road Pond
Dove r HillPondLiberty BasinSchoo l ofEngineeringand Arts
Christia nLifeCenter
Golden ValleyCemetery
Canadian Pacific Railroad
HampshirePark
PennsylvaniaWoods
WildwoodPark
IsaacsonPark
MadisonPond
456770
4567156
Wynnwood Rd
25th Ave N
Bies DrJonellen Ln
Sumter Ave NRhodeIslandAveNPatsy Ln Valders Ave NWinnetka Ave NDuluth St
Green Valley Rd
W esley Dr
Archer Ave NKelly DrPennsylvania Ave NMadison Ave W
Nevada Ave NLouisiana Ave NCo unty Rd 70
ValdersAve NValders Ave N23rd Ave N Rhode IslandAve NCounty Rd 156Medici ne La ke Rd
SandburgLn
Co unty Rd 70
San dbu rg Rd
Winn etka He igh ts D rKelly
D
r
Maryland
A
v
eNQuebecAveNJ u lia nneTerOrklaDrValdersCtValdersAve NWinnetkaHeights Dr
County Rd 156LouisianaAveNLiberty CrossingInfrastructureImprovement Project
DeCola Ponds B & CImprovement Project
SEA School /Wildwood ParkPotentialFlood Mitigation
I
0 500 1,000250Feet
Print Date: 4/7/2020Sources:-Hennepin County Surveyors Office for Property Lines (2020).-City of Golden Valley for all other layers.Location Map
RESOLUTION NO. 21-51
RESOLUTION AUTHORIZING APPLICATION TO THE
FLOOD DAMAGE REDUCTION GRANT ASSISTANCE PROGRAM WITH THE
MINNESOTA DEPARTMENT OF NATURAL RESOURCES
BE IT RESOLVED that the City of Golden Valley, hereinafter referred to as the
“Applicant” act as legal sponsor for the flood risk reduction project contained in the
Flood Damage Reduction Grant Assistance Program Application submitted on
December 29, 2016 and that the Director of the Physical Development Department is
hereby authorized to apply to the Department of Natural Resources for funding of this
project on behalf of the Applicant.
BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply
for financial assistance, and the institutional, administrative, and managerial capability
to ensure adequate acquisition, construction, maintenance and protection of the
proposed project.
BE IT FURTHER RESOLVED that the Applicant has the financial capability to
provide the required matching funds and that the source of the Applicant’s matching
funds shall be its general account, in the amount of $1,300,000.
BE IT FURTHER RESOLVED that the source of Applicant’s matching funds shall
not include other State funds.
BE IT FURTHER RESOLVED that the Applicant hereby pledges to complete the
project or phase if it exceeds the total funding provided by the Department of Natural
Resources and the required local match.
BE IT FURTHER RESOLVED that the Applicant has not incurred any
reimbursable expenses prior to the effective date of the grant agreement.
BE IT FURTHER RESOLVED that the Applicant has not violated any Federal,
State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of
interest or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state,
the Applicant may enter into an agreement with the State of Minnesota for the above
referenced project and that the Applicant certifies that it will comply with all applicable
laws and regulations as stated in the contract agreement.
NOW, THEREFORE BE IT RESOLVED that the City Council for the City of
Golden Valley authorizes the Physical Development Director to execute such
agreements as are necessary to implement the project on behalf of the applicant.
Adopted by the City Council of Golden Valley, Minnesota this 6th day of July 2021.
__________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
3. E. 2. Receipt of Community Safety Grant from CenterPoint Energy, Resolution No. 21-52
Prepared By
John Crelly, Fire Chief
Summary
The Fire Department made application for, and was awarded a $2,500 Community Safety Grant offered
by CenterPoint Energy. The grant will be used toward the purchase of new particulate barrier hoods.
A resolution will need to be approved per Minnesota Statute 465.03 which allows cities to accept
grants and donations of real or personal property.
Financial Or Budget Considerations
The grant of $2,500 will be used to provide the fire department with protective equipment to fight
fires.
Recommended Action
Motion to adopt Resolution No. 21-52 Accepting a Community Safety Grant from CenterPoint Energy.
Supporting Documents
• Resolution No. 21-52 Accepting a Community Safety Grant from CenterPoint Energy (1 page)
RESOLUTION NO. 21-52
RESOLUTION ACCEPTING DONATION OF $2,500 FROM
CENTERPOINT ENERGY COMMUNITY SAFETY GRANT
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, and
WHEREAS, the donation of monies to help further the goodwill for the fire
department, and
NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following
donations on behalf of its citizens:
$2,500 from CenterPoint Energy Community Safety Grant, for the purchase of
particulate barrier hoods.
Adopted by the City Council of Golden Valley, Minnesota this 6th day of July, 2021.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
3. F. Authorize Agreement for Residential Home Energy Squad Visits
Prepared By
Story Schwantes, Mn GreenCorps Member
Eric Eckman, Environmental Resources Supervisor
Summary
On May 4, 2021, the City Council approved the City’s first comprehensive Energy Action
Plan, helping the community set a course toward reducing greenhouse gas emissions and
addressing climate change over the next ten years. The plan includes three major focus
areas: Reducing Energy Cost Burden, Improving Energy Efficiency, and Supporting Clean
and Renewable Energy.
An impactful way to address both energy cost burden and residential energy efficiency is
participation in the Residential Home Energy Squad program facilitated by the Center for
Energy and Environment (CEE). Home Energy Squad visits promote energy conservation in
residential properties offering inspections, energy efficient installs, diagnostic tests, and
follow-up services to residents. CEE staff perform the site visits, verify income eligibility, and
coordinate billing.
The City assists and coordinates with CEE on promoting and marketing activities, and
reimburses CEE according to the payment table included in the attached agreement.
The Environmental Commission discussed this opportunity at its May and June 2021
meetings and recommended that the City participate in the program and look for
opportunities to ensure it is equitable and inclusive. The Commission suggested that the
City buy down the cost of a site visit by 50% for most residents, and help remove barriers
and reduce energy cost burden by funding 100% of the site visit for income eligible
residents (60-80% Area Median Income). CEE operates the program in a similar manner with
other cities and therefore is able to accommodate the recommendation. Note that
residents below 60% AMI already qualify for a free site visit paid by Xcel Energy regardless
of City participation.
City staff and a representative from CEE will be on hand to present and answer questions.
City Council Regular Meeting Executive Summary
City of Golden Valley
July 6, 2021
2
Financial or Budget Considerations
The City’s portion of the Home Energy Squad visits, up to a maximum of $5,000, would be funded by
7303 Environmental Control during the contract term July 2021-December 2022.
Recommended Actions
Motion to Authorize the City Manager to enter into an Agreement with the Center for Energy and
Environment for Residential Home Energy Squad Visits in a form approved by the City Attorney.
Supporting Documents
Agreement to Perform Home Energy Squad Visits in the City of Golden Valley (3 pages)
AGREEMENT to Perform
Home Energy Squad Visits
In the City of Golden Valley
This Agreement is made by and between the City of Golden Valley (“CITY”) with offices at 7800 Golden Valley
Rd, Golden Valley, Minnesota 55427and the Center for Energy and Environment (“CEE”), with offices at 212 3rd
Avenue North, Suite 560, Minneapolis, Minnesota 55401.
The following agreement is for the Center for Energy and Environment (CEE) to deliver Home Energy Squad visits
to residents of the City of Golden Valley.
PROGRAM SCOPE
The purpose of the Home Energy Squad visits are to promote energy conservation in residential properties. Energy
Saver visits offer energy efficient installs, and Energy Planner visits offer installs, diagnostic tests, and follow-up
services. CEE will perform Home Energy Squad Energy Saver and Energy Planner visits for residents per the fee
schedule listed below.
CEE will collect waiver form from resident at visit verifying that they meet the income guidelines (60-80% Area
Median Income) listed below (income limits subject to annual adjustments).
Household size Income limits Household size Income limits
1 $55,950 5 $86,300
2 $63,950 6 $92,700
3 $71,950 7 $99,100
4 $79,900 8 $105,500
ELIGIBLE PROPERTIES
Properties must be residential (from 1-4 units) and located within the geographical boundaries of the City of Golden
Valley. Individual owners of condominiums or town homes are eligible for funding.
CEE TASKS
1. Conduct Home Energy Squad Energy Saver Visits. CEE will conduct Home Energy Squad Energy Saver
visits to help homeowners identify and implement energy savings opportunities in their homes. The visit
will include an insulation inspection, safety check on heating system and water, and the direct install of
energy-saving materials where possible, including high-efficiency showerheads, faucet aerators, door
weather stripping, programmable and smart thermostats and LED light bulbs.
2. Conduct Home Energy Squad Energy Planner Visits. CEE will conduct Home Energy Squad Energy
Planner visits to help homeowners identify and implement energy savings opportunities in their homes. The
Energy Planner visit will include the direct install of energy-saving materials where possible, including
high-efficiency showerheads, faucet aerators, door weather stripping, programmable and smart thermostats
and LED light bulbs. In addition, it will include a blower door test to check for air leaks, visual inspection
of insulation levels with use of infrared camera as weather permits, heating system and hot water heater
combustion safety tests and a report to the homeowner on recommended energy upgrades (if resident is a
renter, permission from the landlord may be required for doing these additional diagnostic services).
Type of Home Energy Squad Visit City payment Resident co-pay
Energy Saver visit $35 $35
Energy Planner visit $50 $50
Energy Saver visit to low income (60-80% AMI) resident $70 $0
Energy Planner visit to low income (60-80% AMI) resident $100 $0
The co-pay and exact package of services are subject to change based on programmatic considerations,
including CEE’s agreement with utilities and other factors which are outside the bounds of this agreement.
CEE will provide the City of Golden Valley 30 days’ written notice prior to any changes taking effect. CEE
will lead a community-based marketing campaign to promote the program. The City of Golden Valley shall
provide assistance in developing and implementing this campaign.
3. Providing Air Sealing and Insulation quotes. If air sealing and/or insulation are recommended at a Home
Energy Squad Energy Planner visit, CEE may provide a quote to the resident that would be honored by
participating insulation contractors. CEE is an independent third party to any transaction between the
resident and the insulation contractor. CEE does not receive any compensation from insulation contractors,
nor does CEE, CenterPoint Energy or Xcel Energy accept any liability for any work performed by these
contractors. Any agreement for work done by the contractors is solely between the contractor and the
resident.
4. Follow-up services and insulation contractor assistance. If major upgrades (air sealing, insulation and
furnace or boiler replacement) are recommended at the visit, CEE will follow-up with homeowners through
email or by phone to encourage implementation. When a quote is provided CEE has the ability to schedule
insulation work directly with a qualified contractor making it easier for homeowner to move forward with
recommendations. CEE will also provide contact information to program participants who have follow-up
questions after the home visit.
CITY TASKS
1. Assist and coordinate with CEE on marketing activities. This includes working with CEE on press
releases, articles in CITY newsletters, water bill inserts, promoting program on CITY website, CITY email
lists, assistance in coordinating with neighborhood and other CITY leaders, assistance in reserving
workshop and event space as needed.
PAYMENT
CEE shall submit regular invoices to the City of Golden Valley for activity performed under this agreement by
emailing invoices to finance@goldenvalleymn.gov for payment.
The City of Golden Valley will reimburse CEE as outlined in payment table on page 1, not to exceed $5,000 per
contract term without further authorization from the City.
RECORDS/INSPECTION
Pursuant to Minnesota Statutes § 16C.05, subd. 5, CEE agrees that the books, records, documents, and accounting
procedures and practices of CEE, 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. CEE 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.
DATA PRACTICES ACT COMPLIANCE
Any and all data provided to CEE, received from CEE, created, collected, received, stored, used, maintained, or
disseminated by CEE 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. CEE 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 CEE 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.
NO DISCRIMINATION
CEE agrees not to discriminate in its performance 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. CEE 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. CEE 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 CEE or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and
subcontractors. Upon request, CEE shall provide accommodation to allow individuals with disabilities to participate
in all programs under this Agreement. CEE agrees to utilize its own auxiliary aid or service in order to comply with
ADA requirements for effective communication with individuals with disabilities.
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.
CONTACTS
The following individuals shall be contacts for this program:
CITY OF GOLDEN VALLEY CONTACT PERSON
Eric Eckman, City of Golden Valley
Environmental Resources Supervisor
eeckman@goldenvalleymn.gov or 763-593-8084
CEE CONTACT PERSON
Stacy Boots Camp, Center for Energy and Environment
Assistant Outreach Manager
sbootscamp@mncee.org or 612-244-2429
TERM
The project shall run from July 6, 2021 through December 31, 2022 and may be extended upon mutual agreement by
the parties.
In witness thereof, the parties have executed this work order as of the date written below.
CITY OF GOLDEN VALLEY CENTER FOR ENERGY AND ENVIRONMENT
By:
By:
SHEPARD M. HARRIS, MAYOR
Date: JULY 6, 2021 Date: TAX ID 41-1647799
Golden Valley City Council Meeting
July 6, 2021
Agenda Item
3. G. Resolution No. 21-53 Entering into Host Site Agreement with Minnesota Pollution Control Agency
as a Minnesota GreenCorps Host Site
Prepared By
Drew Chirpich, Environmental Specialist
Summary
Minnesota GreenCorps is an AmeriCorps program that began in 2009. The goal of Minnesota
GreenCorps is to preserve and protect Minnesota’s environment while training a new generation of
environmental professionals. The program places members with host sites around the state to assist
communities and local governments in addressing a variety of statewide needs. For the 2021-2022
program year, the Minnesota Pollution Control Agency (MPCA) anticipates placing and supporting up
to 48 full-time GreenCorps members throughout Minnesota. More information is available at:
https://www.pca.state.mn.us/mngreencorps/program-information.
The City has been successful applying for GreenCorps members in the past. A GreenCorps member
worked at City Hall from September 2016 to August 2017. The member focused on GreenStep Cities
initiatives, developing the City’s Resilience & Sustainability Plan, and implementing the City’s Natural
Resources Management Plan. The City also hosted GreenCorps Members for the 2019-2020 and 2020-
2021 terms. Members worked on the City’s recycling and organics programs, and energy efficiency and
emissions reductions respectively.
For the 2021-2022 term, the GreenCorps member would work on a full-time basis from September
2021 to August 2022. The GreenCorps member would assist the City with implementing its Energy
Action Plan with an emphasis on equity, addressing energy cost burden, and engaging multifamily units
in energy efficiency opportunities. The member will also work on other aspects of the City’s resilience
and Sustainability Plan, and help to implement the City’s new Organics Recycling Program.
Financial Or Budget Considerations
None
Recommended Action
Motion to adopt Resolution No. 21-53 to enter into Host Site Agreement with the Minnesota Pollution
Control Agency as a Minnesota GreenCorps Host Site.
City Council Regular Meeting Executive Summary
City of Golden Valley
July 6, 2021
2
Supporting Documents
Resolution No. 21-53 to enter into Host Site Agreement with the Minnesota Pollution Control Agency
as a Minnesota GreenCorps Host Site
RESOLUTION NO. 21-53
RESOLUTION SUPPORTING SUBMITTAL OF APPLICATION
TO MINNESOTA POLLUTION CONTROL AGENCY
FOR MINNESOTA GREENCORPS HOST SITE
WHEREAS, the City of Golden Valley is eligible to apply for the placement of one
Minnesota Pollution Control Agency GreenCorps member at City Hall for the next program
year (September 2021-August 2022); and
WHEREAS, the selected candidate would work with staff and the Environmental
Commission to implement the City's Energy Action Plan, GreenStep Cities program, and
engaging multifamily units in reducing energy cost burden and
WHEREAS, the selected candidate would focus on assisting the City with its energy
consumption and efficiency goals, objectives, and implementation actions; and
WHEREAS, staff has reviewed all terms and conditions of this funding opportunity
and finds them to be satisfactory.
NOW THEREFORE BE IT RESOLVED by the City Council of Golden Valley that the
Council is supportive of staff's submittal of an application to the Minnesota Pollution Control
Agency for the placement of one Minnesota GreenCorps member at City Hall from
September 2021 to August 2022.
Adopted by the City Council of Golden Valley, Minnesota this 6th day of July, 2021.
__________________________
Shepard M. Harris, Mayor
ATTEST:
_________________________
Theresa Schyma, City Clerk
1
Date: June 14, 2021
To: Golden Valley Planning Commission
From: Jason Zimmerman, Planning Manager
Subject: Informal Public Hearing Rezone Properties to Achieve Conformance with the
2040 Comprehensive Plan
Summary
Staff is requesting that four properties be considered for rezoning in order to come into
conformance with the Future Land Use Map in the 2040 Comprehensive Plan.
Background
State statute requires that all zoning designations be updated to be consistent with the land uses
identified in the Comprehensive Plan. Many properties have already been rezoned, while a
handful are awaiting further action as part of
Plan.
Analysis
The four properties under consideration represent two small areas one in Scheid Park and the
other north of Sweeney Lake off Golden Valley Road. They both demonstrate a desire on the part
of the City to better align the zoning designations with current and future uses. The 2040
Comprehensive Plan put forward these land use designations as part of the approved Future Land
Use Map.
A planned addition is pending at the site of the Minneapolis Clinic of Neurology but is unaffected
by the proposed change in zoning.
2
Group 1
Two parcels that make up a portion of Scheid Park originally contained single-family homes. In
1995, the City acquired one of these lots and the home was demolished in 1996. In 2012, the
City acquired and demolished the second home. Both lots now function as a seamless part of
the surrounding park land.
Changing the zoning from Single-Family Residential (R-1) to Institutional (Sub-District I-4) better
aligns the designation to match the existing and future use.
Address Current Zoning Current Use Proposed Zoning
1850 Toledo Avenue N R-1 Park land I-4
1854 Toledo Avenue N R-1 Park land I-4
The proposed zoning designation of I-4 may give some residents pause, as permitted uses of this
subdistrict
3
Some residents have expressed concern that this
zoning change is a way for the City to position itself to construct a fire station within the park.
However, staff points to the Future Land Use Map in the 2040 Comprehensive Plan, which clearly
designates all of Scheid Park as Parks and Natural Areas distinct from the Institutional - Civic
designation which would allow for a fire station or other City facilities. In addition, planned
updates to the zoning chapter this summer will further
two distinct subdistricts. Any future changes to land use or zoning designations would require a
significant and transparent public process.
Group 2
On the north side of Sweeney Lake, the Minneapolis Clinic of Neurology occupies roughly nine
acres. This suburban style office building houses neurological testing and rehabilitation services
in a setting overlooking Sweeney Lake. There is a small planned addition to the south side of the
building pending which would provide additional patient treatment areas.
The current zoning of these two properties is Institutional (subdistrict I-3) which is reserved for
other buildings incidental to the operation
continue to permit a medical clinic use by-right, but would allow for a greater range of office
uses should the current clinic operations ever cease.
Address Current Zoning Current Use Proposed Zoning
4225 Golden Valley Road I-3 Medical clinic Office
PID 1802924410008 I-3 Medical clinic Office
4
Should the City chose not to rezone any of these properties, an amendment to the Future Land
Use Map would then be required with the Met Council modifying the recently-adopted 2040
Comprehensive Plan in order to maintain consistency between guided land use and zoning.
Recommended Action
Staff recommends approval of amendments to the Zoning Map to rezone 1850 and 1854 Toledo
Avenue North from R-1 to I-4, and to rezone 4225 Golden Valley Road and the parcel identified as
PID 1802924410008 from I-3 to Office.
Attachments
List of Affected Properties (1 page)
Maps of Future Land Use and Existing Zoning Designations (2 pages)
REGULAR MEETING MINUTES
This meeting was held via Webex in accordance with the local emergency declaration made by
the City under Minn. Stat. § 12.37. In accordance with that declaration, beginning on March 16,
2020, all Planning Commission meetings held during the emergency were conducted
electronically. The City used Webex to conduct this meeting and members of the public were
able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on
CCXmedia.org, or by dialing in to the public call‐in line.
1. Call to Order
The meeting was called to order at 7:00 by Chair Pockl.
Roll Call
Commissioners present: Rich Baker, Ron Blum, Andy Johnson, Lauren Pockl, Ryan Sadeghi, Chuck
Segelbaum
Commissioners absent: Noah Orloff, Adam Brookins
Staff present: Jason Zimmerman – Planning Manager, Myles Campbell – Planner
Council Liaison present: Gillian Rosenquist
2. Approval of Agenda
Chair Pockl asked for a motion to approve the agenda.
MOTION made by Commissioner Segelbaum, seconded by Commissioner Johnson, to approve the
agenda of June 14, 2021. Staff called a roll call vote and the motion carried unanimously.
3. Approval of Minutes
Chair Pockl asked for a motion to approve the minutes from May 24, 2021.
MOTION made by Commissioner Segelbaum, seconded by Commissioner Johnson, to approve
minutes. Staff called a roll call vote and the motion carried unanimously with one abstention from
Commissioner Baker.
4. Public Hearing – Major Amendment to PUD 90
Applicant: ISD #270 ‐ Hopkins School District
Address: 5430 and 5300 Glenwood Ave, Golden Valley, MN 55422
Jason Zimmerman, Planning Manager, informed Commissioners that City Council did not vote
on this item but rather sent it back for more work. The applicant asked to table it until the June
28th Planning Commission meeting.
Commissioner Johnson commented that the applicant had some urgency in getting the item
approved and asked why tabling was appropriate now. Zimmerman responded that the
June 14, 2021 – 7 pm
City of Golden Valley Planning Commission Regular Meeting
June 14, 2021, 2021 – 7 pm
2
urgency was due to the permitting process but now the applicant received feedback from City
Council and is going to send updated plans to staff. They recognize now that until these plans
are updated, they may not move forward.
Chair Pockl asked if the item needs to be re‐noticed. Zimmerman stated that if the item is
tabled to a specific meeting, it doesn’t. If the item is tabled until further notice, it will be re‐
noticed.
MOTION made by Commissioner Baker, seconded by Commissioner Blum, to table the item to the
June 28th, 2021 meeting, as requested by the applicant. Staff called a roll call vote and the motion
carried unanimously.
5. Public Hearing – Rezone Properties to Achieve Conformance with the 2040 Comprehensive Plan
Applicant: City of Golden Valley
Addresses: 1850 & 1854 Toledo Ave N; 4225 Golden Valley Road
Jason Zimmerman, Planning Manager, reminded Commissioners that this process is to create
conformance with the Future Land Use Map in the 2040 Comprehensive Plan. The two areas of
topic at this meeting are in Scheid Park and another north of Sweeney Lake, off Golden Valley
Road.
As a note, a planned building addition is pending at the Minneapolis Clinic of Neurology, but is
unaffected by the proposed change in zoning.
Group 1 ‐ Scheid Park Group 2 ‐ 4225 Golden Valley Road
Two parcels that originally had
single‐family homes
One demolished in 1996; the other in 2012
The City owns the lots are they are
now functioning as part of the park
Request to rezone from R‐1 to I‐4
Nine‐acre site housing the Minneapolis Clinic
of Neurology
Request to rezone from I‐3 to Office (move
away from targeted “Medical” subdistrict)
Current use would continue to be permitted
by‐right; allows for flexibility for other office
uses in the future
Action not requested by the property owner
and no redevelopment being discussed (in
fact, additional investment in the clinic under
review now)
Zimmerman reviewed location maps for each location and displayed current zoning maps and
future land use.
Recommendation
Following the provisions of State statute (sec. 473.858, subd. 1) and the requirements of the
Metropolitan Council with respect to comprehensive planning, staff recommends:
City of Golden Valley Planning Commission Regular Meeting
June 14, 2021, 2021 – 7 pm
3
Rezone 1850 and 1854 Toledo Avenue North from R‐1 to I‐4
Rezone 4225 Golden Valley Road and the parcel identified as PID 1802924410008 from I‐3 to
Office
Commissioner Johnson asked if the classification for this area is consistent with other clinics and
asked if there are other areas in the city that are inconsistent with the decision to rezone to office.
Zimmerman responded that Regency is zoned I‐4, Courage Kenny is also zoned I‐4; this is the only
of the three to be suggested to change to office. Being that it’s a clinic it could go either way but
zoning to office opens the setting for something other than a medical clinic. Staff is not aware of
other large clinics zoned office however there are medical clinics inside office buildings.
Commissioner Blum echoed this observation and asked if there was an underlining zoning for these
categories. Staff responded that as of now there isn’t but went on to discuss use tables and staff
will address it in a few months.
Chair Pockl opened the public hearing at 7:17pm
There were no callers
Zimmerman mentioned that he had a few calls regarding Scheid Park and the possibility of
constructing a fire station in the park. He suggested that Commissioner Johnson comment as at
that time, Johnson was on the community task force. Johnson confirmed he was on the task force
and specifics on a potential location hasn’t come up. Commissioner Blum asked if this step was
premature and discussed waiting until more details on use were confirmed.
Commissioner Baker asked for clarification on intent and Blum said he thought it was a good idea
to wait on rezoning until a final decision was made on the use for that area. Johnson agreed with
Blum’s point and stated that it doesn’t make sense to rezone this area twice but maybe evaluate
other areas. He specifically pointed out 55/Winnetka which staff stated would be bundled with the
downtown study.
Zimmerman discussed the zoning and the comp plan and the 2040 Comprehensive Plan
designation trumps the zoning ordinances. The Scheid Park area is guided, in the comp plan, as
parks and green space. Met Council is mandating this process occur and a decision on the fire
station is years away. Baker added that by not moving forward with this designation, the
Commission may fuel doubt in the community that they don’t want Scheid Park to be a designated
green space. Blum added that zoning Scheid Park as Industrial was creating an island of zoning in a
residential area. Staff reminded the Commissioner that the zoning designation will be Institutional,
and the surrounding greenspace is already zoned the same. Blum stated that even with that
correction, his comments are the same. Commissioner Segelbaum echoed Baker as the zoning
designation will be one big parcel instead of two, it’s consistent with the Comprehensive Plan, and
there won’t be an issue to address it again later. It’s in the City’s best interest to be consistent.
Johnson added he hadn’t considered the nuance of the comp plan and zoning ordinance language
and is comfortable moving forward with this recommendation and potentially voting again later.
Blum asked staff if there was a deadline from Met Council. Staff responded that the City is in
City of Golden Valley Planning Commission Regular Meeting
June 14, 2021, 2021 – 7 pm
4
violation of state statute but Met Council has been generous in allowing cities to work through
their realignment and hasn’t contacted anyone yet for lack of compliance.
Chair Pockl closed the public hearing at 7:35pm.
MOTION made by Commissioner Baker, seconded by Commissioner Segelbaum, to follow staff
recommendation and recommend to rezone 1850 and 1854 Toledo Avenue North from R‐1 to I‐4;
recommend to rezone 4225 Golden Valley Road and the parcel identified as PID 1802924410008
from I‐3 to Office.
Staff took a roll call vote: 5‐1
Aye: Baker, Johnson, Pockl, Sadeghi, Segelbaum
Nay: Blum
6. Discussion – Use Tables
Myles Campbell, Planner, reminded Commissioners that they have discussed the land uses allowed
for in the Commercial, Light Industrial, Industrial, Office, and Institutional Zoning districts. With the
recent adoption of the Rowhouse use in the R‐2 district, discussion on the residential zoning districts
of the City can proceed.
Campbell displayed a graph of the draft land‐use table for residential zoning districts, the same graph
was included in the packet. A background on the existing uses was discussed and Campbell went
through each zoning district and reviewed permitted uses. Changes were made to overall language in
many categories and designations for items consistent with the Mixed‐Income Housing Policy were
noted on the graph.
Language was condensed and clarified and staff will research further if the code language around
manufactured housing is sufficient.
Previously discussed uses by pawnshops and payday lenders was reviewed as well and additional
regulations discussed by Council that do not fall under the purview of the zoning code. This topic may
be addressed again later after staff can understand what the regulations might be and how the two
would interact.
Commissioner Blum asked if the chart displayed by staff could be condensed further to track easier
and for readability. Commissioner Johnson asked how the Mixed‐Income Policy applies to single
family homes or rowhouses. Campbell discussed potential large new developments, if there was a
CUP or PUD included, a certain percentage of those homes would be considered. He added that
maybe this language isn’t included here but in residential zoning chapters.
The discussion continued on formatting, policy distinctions, and how the language is laid out in the
code.
City of Golden Valley Planning Commission Regular Meeting
June 14, 2021, 2021 – 7 pm
5
Televised portion of the meeting concluded at 8:06 pm
7.Council Liaison Report
Council Member Rosenquist informed the Commissioners that the local City Emergency would end on
July 1. She provided an update on the new HRC/Rising TIDES commission and efforts to replace the
school resource officer at Sandburg. She reported that although the Golden Valley Pride Festival would
not be taking place this year, a food drive to support PRISM was being carried out instead. She also
provided details from the most recent City Council meeting, including approval of the rezonings
associated with the Comp Plan.
8.Other Business
None
9.Adjournment
MOTION by Commissioner Johnson to adjourn, seconded by Commissioner Blum, and approved
unanimously. Meeting adjourned at 8:11 pm.
________________________________
Andy Johnson, Secretary
________________________________
Amie Kolesar, Planning Assistant
List of Affected Properties
Address Current Zoning Proposed Zoning
1850 Toledo Avenue N R‐1 I‐4
1854 Toledo Avenue N R‐1 I‐4
4225 Golden Valley Road I‐3 Office
PID 1802924410008 I‐3 Office
Group 1 Future Land Use Current Zoning
Group 2 Future Land Use Current Zoning
ANNOUNCEMENT OF MEETINGS AND EVENTS
Three or more Council Members may attend the following
JULY
11 Market in the Valley 9:00 AM to 1:00 PM City Hall Campus
12 Concerts in the Park: The 1st John Philip Sousa Memorial Band 7:00 PM Brookview Park
13 Council Manager Meeting 6:30 PM Hybrid
18 Market in the Valley 9:00 AM to 1:00 PM City Hall Campus
19 Concerts in the Park: Axis Mundi World Music 7:00 PM Brookview Park
20 City Council Meeting 6:30 PM Hybrid
22 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Held Virtually/TBD
25 Market in the Valley 9:00 AM to 1:00 PM City Hall Campus
26 Concerts in the Park: Salsa Del Soul 7:00 PM Brookview Park
AUGUST
1 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus
2 Concerts in the Park: Banjo Boy Variety Band 7:00 PM Brookview Park
3 Minnesota Night to Unite
4 City Council Meeting (Wednesday) 6:30 PM Hybrid
8 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus
8 Greens Classic 6:00 – 8:00 PM Brookview
9 Concerts in the Park: Capri Big Band 7:00 PM Brookview Park
10 Special City Council Meeting (Interviews) (Tentative) 5:00 PM Hybrid
10 HRA Work Session 6:30 PM Hybrid
10 Council Manager Meeting 6:30 PM Hybrid
15 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus
17 Special City Council Meeting (Interviews) (Tentative) 5:00 PM Hybrid
17 City Council Meeting 6:30 PM Hybrid
22 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus
26 Golden Valley Business Council Meeting 8:30 AM – 9:30 AM Held Virtually/TBD
29 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus
SEPTEMBER
5 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus
6 City Office Closed for Observance of Labor Day
9 Special City Council Meeting (Interviews) (Thursday) (Tentative) 5:00 PM Hybrid
9 City Council Meeting (Thursday) 6:30 PM Hybrid
11 Run the Valley 7:45 AM
12 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus
14 Special City Council Meeting (Closed Session) 5:30 PM Hybrid
14 Council Manager Meeting 6:30 PM Hybrid
19 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus
21 HRA Meeting 6:30 PM Hybrid
21 City Council Meeting 6:30 PM Hybrid
23 Golden Valley Business Council Meeting 8:30 AM – 9:30 AM Held Virtually/TBD
26 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus