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07-20-21 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, streaming via Webex, or by calling 1- 415-655-0001 and entering access code 133 183 0695. 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 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 – June 15, 2021 3-6 B. Approval of City Check Register 7 C. Licenses 1. Approve Temporary On-Sale Liquor License – Good Shepherd Catholic Church 8 D. Boards, Commissions, and Task Forces: 1. Accept Resignation from the Planning Commission 9 2. Receive and File Police Commission Task Force Final Report 10 3. Receive and File Rising TIDES Task Force Final Report 11 E. Approval of Bids, Quotes and Contracts: 1. Approve Contract for Pavement Preservation with Corrective Asphalt Materials, LLC 12-32 2. Approve First Amendment to a Professional Services Agreement with BKV Group 33-64 F. Approve Golden Valley Fire Relief Association By-Law Pension Amount, Resolution No. 21-54 65-68 G. Approve Remote Meeting Policy, Resolution No. 21-55 69-73 H. Authorize City Manager to Sign an Amendment to Flexible Spending Benefit Plan 74 July 20, 2021 – 6:30 pm Hybrid Meeting City of Golden Valley City Council Regular Meeting July 20, 2021 – 6:30 pm 2 4. Public Hearing 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. First Consideration of Ordinance Nos. 718 and 719 - Abolishing Civil Service Commission and creating Police Employment Accountability and Community Engagement Commission 75-90 B. Review of Council Calendar 91 C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment 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 7:03 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, City Attorney Cisneros, Physical Development Director Nevinski, Housing/Economic Development Manager Shoquist, Finance Director Virnig, Planning Manager Zimmerman, City Planner Campbell, and City Clerk Schyma C. Annual Audit Report Finance Director Virnig introduced Adrienne Mutzenberger from Malloy Montague Karnowski Radosevich & Co. who presented the results from the 2020 Audit. Motion by M. Harris, Second by Fonnest to receive and file the 2020 Comprehensive Annual Financial Report, Management Report, and Special Purpose Audit Reports. Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) 2. Additions and Corrections to Agenda Motion by Sanberg, Second by Rosenquist to approve the meeting agenda as submitted. June 15, 2021 – 6:30 pm Meeting Held Virtually City of Golden Valley City Council Regular Meeting June 15, 2021 – 6:30 pm 2 Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) 3. Consent Agenda Motion by Rosenquist, Second by Sanberg to approve the Consent Agenda as revised: removal of Items #3F1 - Approve Resolution No. 21-45 – Acceptance of Donation for a Tree at Brookview Park honoring Jack & Irene Gomez Bethke and #3F2 - MHFA Capacity Building Grant Project – Received and File the Housing Engagement Initiative Report. Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) A. Approval of Minutes – Regular City Council Meeting – June 1, 2021 B. Approval of City Check Register C. Boards, Commissions, and Task Forces: 1. Receive and File Meeting Minutes – Civil Service Commission – March 26, 2021 2. Receive and File Meeting Minutes – Facilities Study Task Force – March 16, 2021 3. Receive and File Meeting Minutes – Facilities Study Task Force – April 20, 2021 4. Receive and File Meeting Minutes – Facilities Study Task Force – April 23, 2021 D. Licenses: 1. Approve 2021-2022 Liquor License Renewals Pending Satisfactory Background Investigations E. Approval of Bids, Quotes and Contracts 1. Approve Contract for Sanitary Sewer Lining Repair with Hydro-Klean, LLC 2. Approve Memorandum of Understanding Regarding a Pilot Program for School and Public Safety Partnership with Independent School District 281 3. Authorize Signing of CivicPlus Website Contracts: a. Revised Contract for 2021 Website Redesign and Development b. One-Year Subscription – Audio-Eye Automated Website Accessibility Solution F. Grants and Donations 1. Resolution No. 21-45 – Acceptance of Donation for a Tree at Brookview Park honoring Jack & Irene Gomez Bethke 2. MHFA Capacity Building Grant Project – Received and File the Housing Engagement Initiative Report G. Approve Resolution No. 21-46 Adopting Amendments to the Employee Handbook H. Approve Resolution No. 21-47 Adopting the Utility Billing Late Payment Policy I. Approve Resolution No. 21-48 Adopting the Hybrid Public Meeting Policy J. Approve of Plat – Harold Avenue Addition, Resolution No. 21-49 3. Items Removed From the Consent Agenda: 3F1. Approve Resolution No. 21-45 – Acceptance of Donation for a Tree at Brookview Park honoring Jack & Irene Gomez Bethke City of Golden Valley City Council Regular Meeting June 15, 2021 – 6:30 pm 3 Council Member Fonnest thanked the Bethke family for their generous contribution to Brookview Park. Motion by Fonnest, Second by M. Harris to adopt Resolution No. 21-45 accepting the donation from the Don & Kathleen Bethke family for the addition of a tree in Brookview Park to honor of Jack & Irene Gomez Bethke. Motion carried 4-0. (In Favor: Fonnest, M. Harris, S. Harris, Sanberg. Abstain: Rosenquist. Opposed: N/A.) 3F2. MHFA Capacity Building Grant Project – Received and File the Housing Engagement Initiative Report Planning Manager Zimmerman and City Planner Campbell presented the staff report and answered questions from Council. Merritt Clapp-Smith, Moxie Urban Consulting, discussed the community engagement process. The City Council discussed desired outcomes of the report, community outreach and education regarding affordable housing, and next steps in the process. Motion by Fonnest, Second by Rosenquist to receive and file the Housing Engagement Initiative Report. 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. Approval of Resolution No. 21-50 – Termination of Local Emergency and Adopting Certain Actions Related to the COVID-19 Pandemic City Attorney Cisneros presented the staff report and answered questions from Council. Council Member Rosenquist thanked City Attorney Cisneros for her remarkable work managing this detailed and painstaking process. The Council thanked the management team and all staff for their dedication and hard work during the pandemic. City of Golden Valley City Council Regular Meeting June 15, 2021 – 6:30 pm 4 Motion by Rosenquist, Second by M. Harris to adopt Resolution No. 21-50 terminating the local emergency and adopting certain actions related to the COVID-19 pandemic. Motion carried 5-0. (In Favor: Fonnest, M. Harris, S. Harris, Rosenquist, Sanberg. Opposed: N/A) B. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. C. Mayor and Council Communications 1. Other Committee/Meeting updates Mayor Harris thanked the Golden Valley Pride Committee for their successful food drive event for PRISM Services. Mayor Harris congratulated City Attorney Cisneros for her work with the Minnesota Association of City Attorneys Executive Committee; the committee recently received the 2021 Public Law Diversity Award from the Minnesota State Bar Association. Mayor Harris provided a summary from the most recent Sochacki Park Joint Powers Agreement Board Meeting and discussed several legislative updates. Council Member Fonnest provided an update from the Municipal Legislative Commission Subgroup on Fiscal Disparities. Council Members Harris and Rosenquist recognized the upcoming Juneteenth holiday and announced Rose McGee’s Sweet Potato Comfort Pie event. 7. Adjournment Motion by Rosenquist, Second by Sanberg to adjourn the meeting at 8:38 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 Golden Valley City Council Meeting July 20, 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: • 07-08-21 Check Register Golden Valley City Council Meeting July 20, 2021 Agenda Item 3. C. 1. Temporary On-Sale Liquor License – Good Shepherd Catholic Church Prepared By Theresa Schyma, City Clerk Summary Good Shepherd Catholic Church, 145 Jersey Avenue South, has applied for a temporary on-sale liquor license for a “Welcome Back Bash” event on September 12, 2021 from 11:30 am to 3:30 pm. The event will be held outdoors in the church parking lot. Golden Valley City Code does allow temporary on-sale liquor licenses to be issued to a club or charitable, religious, or other nonprofit organization with Council approval. A certificate of liability insurance naming the City as an additional insured is also required and has been provided by the applicant. Furthermore, the applicant has signed a COVID-19 certification of compliance attesting that the event and its COVID-19 preparedness plan meet all applicable requirements of the Federal and State governments. Financial Or Budget Considerations Fees received for temporary liquor licenses help to defray costs the City incurs to administer license requirements. Recommended Action Motion to approve a temporary on-sale liquor license for Good Shepherd Catholic Church, 145 Jersey Avenue South, for their “Welcome Back Bash” event on September 12, 2021. Golden Valley City Council Meeting July 20, 2021 Agenda Item 3. D. 1. Accept Resignation from the Planning commission Prepared By Tara Olmo, Assistant to the City Manager´s Office Summary Commissioner Ryan Sadeghi has submitted his resignation from the Planning Commission. Financial Or Budget Considerations Not applicable Recommended Action Motion to accept the resignation of Ryan Sadeghi from the Planning Commission. Golden Valley City Council Meeting July 20, 2021 Agenda Item 3. D. 2. Receive and File Police Commission Task Force Final Report Prepared By Kiarra Zackery, Equity and Inclusion Manager Maria Cisneros, City Attorney Summary At its September 15, 2020 meeting, the City Council approved the creation of a Police Commission Task Force to begin the process of studying how the City might replace the existing Civil Service Commission with a new Police Commission. The Task Force met twice per month beginning on November 19, 2020. The work of the Task Force would was presented to the public via social media, an online survey, two podcasts, and two live community engagement events. The Task Force invited the public to contribute to its work through a variety of means, which were summarized in a Community Input Report. The purpose of the Task Force was to: 1. Develop a recommendation regarding the name, membership composition, and duties of a new commission on policing; and 2. Draft a proposed mission statement and bylaws for the new Commission which defines its role. The recommendations and findings of the Task Force, as well as the input of staff, will help guide the Council’s decisions regarding these important topics. Please note that any official actions resulting from the work of the Task Force will be made by the Council at future meetings and those actions may differ from the final recommendations included in the report. However, it is important to close the loop on the work of the Task Force and officially receive and file their final report. Financial or Budget Considerations Not Applicable Recommended Action Motion to Receive and File the Police Commission Task Force Final Report. Supporting Documents • Link to Police Commission Task Force Final Report Golden Valley City Council Meeting July 20, 2021 Agenda Item 3. D. 3. Receive and File Rising TIDES Task Force Final Report Prepared By Kiarra Zackery, Equity and Inclusion Manager and Rising TIDES Task Force Co-Liaison Kirsten Santelices, Deputy City Manager/Human Resources Director and Rising TIDES Task Force Co- Liaison Summary The City Council appointed the City’s Rising TIDES Task Force in January 2019, worked diligently for 18 months, hosted two community input sessions, and presented its findings to the City Council in June 2020. The Council accepted the Task Force’s recommendation report and extended the Task Force by one year, where members spent time developing action plans with City staff based on the recommendations report. The Task Force prepared a final report to share with City Council and the community. The Task Force’s recommendations will help inform the Council’s decisions on equity directives in the City. Please note that any official actions resulting from the work of the Task Force will be made by the Council at future meetings and those actions may differ from the final recommendations included in the report. However, it is important to close the loop on the work of the Task Force and officially receive and file their final report. Financial Or Budget Considerations Not applicable Recommended Action Motion to Receive and File the Rising TIDES Task Force Final Report. Supporting Documents • Link to Rising TIDES Task Force Final Report Golden Valley City Council Meeting July 20, 2021 Agenda Item 3. E. 1. Approve Contract for Pavement Preservation with Corrective Asphalt Materials, LLC Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary In 2012, the City of Golden Valley suspended all chip seal projects in Golden Valley as pavement delamination and premature potholes became more evident on chip sealed streets. Chip sealing is a pavement preservation process in which small granite rocks are spread over an asphalt emulsifier to seal the pavement and postpone future deterioration. In an effort to continue to preserve our asphalt pavements, staff has begun various pilot projects using newer technologies to determine the most cost effective long-term solution to pavement preservation. One such alternative is an asphalt emulsion treatment call Reclamite that penetrates the pavement surface to slow oxidation and keep the pavement flexible. Studies have shown that application of pavement preservation products on newer streets tends to last longer than preservatives on older pavement. The City has successfully applied this product since 2016. Staff solicited quotes from five companies. Additionally, the project was posted on three different external websites. Staff was able to obtain a single quote from Corrective Asphalt Materials, which has been awarded this contract for the past several years. Financial Or Budget Considerations Funding for this project will come from the 2021 Street Maintenance Budget (1440.6440) which includes $50,000 for pavement preservation. The total cost of the project is $43,564.00. Recommended Action Motion to authorize the Mayor and City Manager to execute Contract for Pavement Preservation with Corrective Asphalt Materials, LLC in the form approved by the City Attorney to apply asphalt emulsion to bituminous pavement. Supporting Documents • Contract for Pavement Preservation with Corrective Asphalt Materials, LLC (20 pages) 1 CONTRACT FOR 2021 PAVEMENT PRESERVATION PROJECT WITH CORRECTIVE ASPHALT MATERIALS, LLC THIS AGREEMENT is made this 20th day of July, 2021 (the “Effective Date”) by and between Corrective Asphalt Materials, LLC, an asphalt maintenance company located at 300 Daniel Boone Trail, South Roxana, IL 62087 with a registered office located at 1010 Dale Street North, St. Paul, MN 55117 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of asphalt pavement preservation. B. The City desires to hire Contractor to furnish and apply an asphalt pavement preservation emulsion. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. 2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City’s Authorized Agent on or before September 30, 2021 (the “Contract Time”). Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. The consideration, which the City shall pay to Contractor according to the details set forth in the attached Exhibit C. The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 2 4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9. Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then 3 the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 10. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 12. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated 4 by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Either party may terminate this Agreement in the event of a breach of the Agreement by the other party upon providing written notice of intention to terminate to the breaching party. Termination will become effective automatically and without further notice unless the breaching party cures the breach within thirty (30) days after the giving of such notice. c. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 14. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; 5 b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $500,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $1,000,000 general aggregate, and $1,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 18. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 19. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 6 20. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 21. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 22. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 23. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 24. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 25. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 26. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor 7 shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 27. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 28. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 29. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Kelli Leighanne Bornes, or designee who shall perform or supervise the performance of all Work. 31. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Corrective Asphalt Materials, LLC 300 Daniel Boone Trail South Roxana, IL 62087 kelli@cammidwest.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 8 32. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 33. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 34. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 35. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 36. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 37. 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. 38. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. 9 IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. CORRECTIVE ASPHALT MATERIALS, LLC: CITY OF GOLDEN VALLEY: By: _________________________________ Kelli Leighanne Bornes, Manager By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager EXHIBIT A SCOPE OF WORK 1. General Scope. The Work shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt rejuvenating agent to bituminous surface courses. The rejuvenation shall be by spray application of a cationic maltene-based rejuvenating agent composed of petroleum oils and resins emulsified with water. The base used for the emulsion shall be naphthenic. 2. Location. The Location Map herein Exhibit A identifies roadways that will receive the pavement rejuvenating agent. 2021 Pavement Preservation Project EXHIBIT B SPECIAL CONDITIONS 1. Product Specifications. The asphalt-rejuvenating agent shall be an emulsion composed of a naphthenic petroleum resin oil base uniformly emulsified with water that conforms to the required physical and chemical requirements listed below. Tests on Emulsion Method Requirement ASTM AASHTO Minimum Maximum Viscosity @ 25○C, SFS D-244 T-59 15 s 40 s Residue by Distillation1 D-244(Mod.) T-59(Mod) 60% 65% Miscibility Test2 D-244(Mod.) T-59(Mod) No Coagulation Sieve Test3 D-244(Mod.) T-59(Mod) 0.1% Particle Charge Test D-244 T-59 Positive Tests on Residue from Distillation Flash Point, COC, ○C D-92 T-48 196 Viscosity @ 60○C, cst D-445 - 100 200 Asphaltenes, %w D-2006-70 - 1.00 Maltene Dist. Ratio4 D-2006-70 - 0.3 0.6 PC/S Ratio4 D-2006-70 - 0.5 Saturated Hydrocarbons, S4 D-2006-70 - 21 28 1. ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50 gram sample to 149°C (300°F) until foaming ceases, then cool immediately and calculate results. 2. Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3. Test procedure identical with ASTM D-244 except that distilled water shall be used in place of two percent sodium oleate solution. 4. Chemical Composition by ASTM Method D-2006-70. PC + A1 S + A2 PC = Polar Compounds + A1 = First Acidaffins S = Saturated Hydrocarbons + A2 = Second Acidaffins The rejuvenating agent shall have a record of satisfactory service as an asphalt rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder and provide an in-depth seal. 2. Product Submittals. Contractor shall submit the following product information before the quote deadline. A. Manufacture’s product name and literature. Literature shall be descriptive and have detailed information that shows it meets the minimum material specifications. B. A current Material Safety Data Sheet (MSDS) for the product. C. Manufacture’s certification that the product proposed is in compliance with required specifications. D. Previous use documentation and test data demonstrating the product has been used successfully for a period of two years. 3. Material Performance. The asphalt rejuvenating agent shall have the capability to penetrate the asphalt pavement surface. The asphalt rejuvenating agent shall be absorbed and incorporated into the asphalt binder. Verification that incorporation of the asphalt rejuvenating agent into the asphalt binder has been effected shall be by analysis of the asphalt binder chemical properties. The viscosity shall be reduced by a minimum of 25% for a pavement two years or less in age, and reduced by a minimum of 40% for a pavement greater than two years in age as determined by dynamic shear rheometer (DSR) method for asphalt testing in accord with AASHTO T315- 05. This analysis shall apply to extracted asphalt binder, taken from cores, in the upper 3/8 inch of pavement. In addition, the treated areas shall be sealed in-depth to the intrusion of air and water. 4. Equipment. The following equipment shall be used for the sprayed application of the rejuvenating agent. A. Distributor. The distributor for spreading the emulsion shall be self-propelled, and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.04 to 0.5 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5% of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The rate of application shall be controlled by an onboard computer control system designed to uniformly and consistently control the selected application rate in gallons per square yard regardless of the forward speed of the distributor truck. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the city’s authorized agent. B. Sand Truck. The truck used for sanding shall be equipped with a spreader that allows the sand aggregate to be uniformly distributed onto the pavement. The spreader shall be able to apply ½ pound to 3 pounds of sand aggregate per square yard in a single pass. The spreader shall be adjustable to not broadcast sand aggregate onto driveways and lawns. The sand aggregate shall be manufactured sand free flowing, without any leaves, dirt, stones, or debris. Any wet sand shall be rejected from the job site. Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired or replaced at the direction of the city’s authorized agent. C. Calibration. i. The distributor shall be calibrated in accordance with ASTM D2995-99. The distributor shall be moving forward at the proper application speed at the time the spray bar is activated. The operation shall stop immediately if at any time a nozzle becomes clogged or not spraying a proper pattern. ii. The spreader shall be calibrated in accordance with ASTM D5624-02. The allowable deviation in the amount of sand aggregate shall not exceed plus or minus one pound per square yard in the transverse or longitudinal direction from the design application rate. 5. Construction. A. Layout. The Contractor will be responsible for the lay out of the roadway and project planning and sequencing to meet traffic control requirements prior to application. B. Weather and Seasonal limitations. The asphalt-rejuvenating agent shall not be applied to a wet surface, when rain is occurring, or the chance of rain is present immediately before application. The agent shall be reapplied if unexpected rain occurs prior to material penetration and sanding at no additional cost. The rejuvenating agent may be applied when the air temperature in the shade and away from artificial heat has reaches 50°F and is rising. The application of the agent shall be suspended when the air temperature in the shade and away from artificial heat reaches 60°F and is falling. The agent shall not be applied when, in the opinion of the city’s authorized agent, the weather or roadbed conditions are unfavorable. C. Preparation of Surface. The contractor will be responsible for blowing or sweeping the road immediately ahead of the application operation to make sure the road is free of standing water, dirt, loose aggregate, leaves, and other debris. The surface shall be clean and dry prior to the application. D. Application of Asphalt Rejuvenating Emulsion. The asphalt-rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for proper distribution. The emulsion shall be applied so that uniform distribution is obtained at all points of the areas to be treated. Application shall be commenced with a running start to insure full rate of distribution over the entire area to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. The Contractor shall maintain traffic control and project monitoring until the applied agent has penetrated, the area has been sanded, and the surface course is not slippery or dangerous to vehicular travel. i. Material Placement. Application of asphalt rejuvenating agent shall be on one-half width of the pavement at a time. The distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray when the second half of the surface is treated. In any event the centerline construction joint of the pavement shall be treated in both application passes of the distributor truck. The asphalt rejuvenating agent shall be blended with water at the rate of two parts rejuvenating agent to one part water, by volume, or as specified by the manufacturer. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.04 to 0.10 gallons per square yard, or as approved by the city’s authorized agent following field testing. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the city’s authorized agent, shall have the required amounts applied in two or more applications as directed. Succeeding applications shall be made as soon as penetration of the preceding application has been completed and the city’s authorized agent grants approval for additional applications. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt rejuvenating agent. The Contractor shall take representative samples of the material for testing when directed by the city’s authorized agent. ii. Test Strip for Application Rate. The contractor shall perform test strip applications as directed by the city’s authorized agent prior to the start of the project. Test strips shall be performed for each pavement group of similar age and type within the project area. The test strips shall be applied at a minimum width of 6 feet and for a length of 50 feet. A total of three test strips shall be applied at application rates of 0.04, 0.08 and 0.10 gallons per square yard, respectively. The time, in minutes, for essentially complete absorption of the asphalt rejuvenating emulsion shall be recorded for each test strip. The optimal rate to be used in a given area shall be that rate essentially absorbed within 30 minutes. In the event that all three of the standard test rates are absorbed completely within the 30 minute timeframe, then the Contractor and the city’s authorized agent shall agree on a fourth test strip application rate. Upon completion of the test strips for each pavement group, the city’s authorized agent will determine the final application rate to be applied to each pavement group. iii. Sanding/Blotting. The Contractor shall apply a coating of dry manufacture sand to the surface in sufficient amount to protect the traveling public as required after the rejuvenating emulsion has penetrated. All manufactured sand used during the treatment shall be removed no later than 24 hours after treatment of a roadway. All surfaced shall be cleaned of any material to the satisfaction of the city’s authorized agent. Street sweeping shall be included in the price bid per square yard for asphalt rejuvenating emulsion. In the opinion of the city’s authorized agent a hazardous condition exists on the roadway, the contractor must apply additional manufactured sand and sweep no later than 24 hours following reapplication. No additional compensation will be accepted for reapplication and removal of materials. iv. Handling of Asphalt Rejuvenating Agent. Contents in tank cars or storage tanks shall be circulated at least 45 minutes before withdrawing any material for application. The asphalt rejuvenating agent concentrate shall be loaded first and then the required amount of water shall be added when loading the distributor. The water shall be added into the distributor with enough force to cause agitation and thorough mixing of the two materials. The discharge end of the water hose or pipe shall be kept below the surface of the material in the distributor to prevent foaming. The distributor truck shall be cleaned of all asphalt materials and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the city’s authorized agent. 6. Street Sweeping. The Contractor shall be responsible for sweeping and cleaning of the streets after treatment. All sand used during the treatment must be removed no later than 24 hours after treatment of the street. This shall be accomplished by a combination of hand and mechanical sweeping. All surfaces shall be cleaned of any material to the satisfaction of the city’s authorized agent. In the opinion of the city’s authorized agent a hazardous condition exists on the roadway, the contractor must apply additional manufactured sand and sweep no later than 24 hours following reapplication. No compensation shall be considered for application and removal of materials. 7. Resident Notification. The contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice shall be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type, which secures to the door handle of each dwelling. Unsecured notices shall not be allowed. The contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental. 8. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 9. Pre-Construction Meeting. Prior to the beginning of construction operations, a pre-construction meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the pre-construction meeting: A. Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. B. General project contact information including emergency contacts. C. Material supplier list. D. Calibration reports. E. Traffic Control plan. 10. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall provide daily documentation to the City’s authorized agent, at the end of each working day, for the quantities performed that day. Contractor shall submit all final quantities to the City within one month after completion of the Work. 11. Mobilization (2021). The lump sum for mobilization is to include all aspects of work and shall include mobilization to all of the areas identified in the Location Map herein Exhibit A. 12. Traffic Control and Maintenance (2563). Contractor shall maintain traffic at all times while performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field Manual and its supplements, or as deemed necessary by the City’s authorized agent, when the Work occurs on or adjacent to any street, alley or public place. Contractor shall provide, under the traffic control item, all construction signage and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure to protect the work zone. Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways throughout construction. Throughout the duration of the Work, Contractor shall, as much as possible, work to limit any inconveniences to local businesses and property owners. When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on this project. 13. Erosion and Sedimentation Control (2573). Storm Drain Inlet Protection --- Wimco Inlet Protection. At the direction of the City’s authorized agent, Contractor shall provide Wimco Inlet Protection devices, or approved equal, on all inlets where inlet protection is designated. Information on the Wimco devices can be obtained at www.roaddrain.com. Payment will be made on the basis of each structure protected through all phases of the work. Use of different methods for protection in order to phase the work or for the ease of the construction shall not be cause for multiple payments over one per structure. 14. Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: A. Special Conditions herein Exhibit A and B. B. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices. C. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. D. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2018 Edition and its supplements, shall apply, except as modified or supplemented herein. 15. Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 16. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 17. Permits. Contractor shall obtain, at its sole expense, all permits required for the performance of the Work. 18. Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m. 19. On streets designated as high-volume roadways, Contractor’s Work shall be restricted to the hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway. HIGH-VOLUME ROADWAYS A. Betty Crocker Boulevard between US 169 and General Mills Blvd B. Boone Avenue North between TH 55 and Plymouth Ave C. General Mills Boulevard between Wayzata Blvd and TH 55 D. Golden Hills Drive between Wayzata Blvd and Turners Crossroad E. Golden Valley Road between Boone Avenue and Douglas Drive F. Laurel Avenue between Winnetka Avenue and Xenia Avenue G. Louisiana Avenue South between Laurel Avenue and I-394 H. Noble Avenue North between Golden Valley Road and 34th Ave N I. North and South Frontage Roads of I-394 J. Olympia Street between Winnetka Avenue and Douglas Drive K. Plymouth Avenue between US 169 and Winnetka Avenue L. Regent Avenue North between Duluth Street and 34th Ave N M. Rhode Island Avenue between 10th Avenue and TH 55 N. Wayzata Boulevard all portions in Golden Valley City Limits O. Winnetka Avenue between TH 55 and I-394 P. Xenia Avenue South between Glenwood Avenue and I-394 Q. Zenith Avenue North between 26th Ave N and Theodore Wirth Pkwy 20. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 21. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 22. Petroleum Spill Provisions. Contractor shall observe and comply with all laws, rules, and regulations of the State and Local Health Authorities. In the event of an accidental petroleum spill or release of more than five gallons, Contractor shall immediately notify the State of Minnesota Duty Officer at the Department of Public Safety at (651) 649-5451 and the City Engineer at (763) 593-8030. The Duty Officer will instruct Contractor on any further notification procedures. Contract shall also take immediate action to prevent the spill from entering any water body or storm sewer. 23. Contract Time Extension. The Contractor shall perform fully, entirely, and in an acceptable manner, the Work within the Contract Time stated in this Agreement. Contractor shall notify the City on writing, not less than ten (days) prior to end of the Contract Time if the Contractor finds it impossible to complete the Work. Contractor shall detail fully in the request reasons for the extension. The City, in its sole discretion, may grant an extension if the Work has been delayed on account of unusual circumstances beyond the control of the Contractor, or that quantities of the Work done or to be done are in excess of estimated quantities in sufficient amount to warrant the extension for the completion to such date as may seem reasonable and proper. EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribe; and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands all quantities of work, whether increased or decreased, are to be performed at the following unit prices. Spec Number Description Units Estimated Quantity Bid Price Amount 2021.501 Mobilization LS 1 $ 1.00 $ 1.00 2355.506 Bituminous Material – Emulsion Yd2 47,350 $ 0.92 $ 43,562.00 2563.501 Traffic Control LS 1 $ 1.00 $ 1.00 TOTAL COST TO PROVIDE SERVICES FOR 2021 PAVEMENT PRESERVATION PROJECT $ 43,564.00 Golden Valley City Council Meeting July 20, 2021 Agenda Item 3. E. 2. First Amendment to a Professional Services Agreement with BKV Group regarding the Municipal Facilities Study Prepared By Marc Nevinski, Physical Development Director Summary In October 2020 the City entered into a professional services agreement with BKV Group to complete a study of the City’s municipal facilities to develop a long-term plan for a phased approach addressing the City’s facilities needs. The original contract included a fee of $58,460 based on the scope of services outlined in the request for proposal. However, as the project progressed and greater understanding of the issues was gained, coupled with the continuation and subsequent limitations of the pandemic, additional time and resources were needed to further meet with staff and engage with the community and stakeholders. Specifically, an additional community engagement session (two webinars) was added to the process, and additional series of staff meetings focused on engagement and project communications was added to the project, and the development of an online engagement tool (SocialPinpoint) was utilized to provide additional community wide information and gather input during the pandemic, rather than hosting an in-person open house. BKV Group has requested a fee adjustment of $17,860 due to this additional time and work. Staff has met with BKV Group to discuss this request and finds the additional time and resources for the study to be reasonable. Financial Or Budget Considerations $1.1 million was transferred to the Building Fund at the end of 2020 for future facilities related planning and preparation. Recommended Action Motion to approve the first amendment to the existing Professional Services Agreement with BKV Group. Attachments • First Amendment Document (2 pages) • Additional Services Request from BKV Group (1 page) • Original Professional Services Agreement (28 pages) Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF GOLDEN VALLEY & BKV GROUP THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY & Boarman, Kroos, Vogel Group, Inc dba BKV Group (“First Amendment”) is made effective as of March 16, 2021 (the “Amendment Effective Date”) by and between the City of Golden Valley (the “City”) and BKV Group (“Contractor”). RECITALS WHEREAS, the City and Contractor are parties to a Professional Services Agreement, dated on or about October 15, 2020 (the “Agreement”); and WHEREAS, the parties desire to modify the Agreement as provided herein; and WHEREAS, under the terms of the Agreement, upon the mutual written agreement of the City and Contractor, the terms of the Agreement may be modified; and WHEREAS, the parties wish to amend the Agreement as set forth below. AGREEMENT The parties agree to amend the Agreement as follows, effective as of the Amendment Effective Date: 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated herein by reference. Any capitalized terms used herein but not defined have the same meaning as that ascribed to them in the Agreement. 2. Consideration. The City shall pay Contractor an additional $17,890 for additional work performed that was not contemplated in the Agreement but was necessary to more fully engage the community in the study during the COVID-19 pandemic. 3. Ratification. Except as specifically provided in this First Amendment, each and every provision of the Agreement, as amended through the date hereof, remains, and is, in all respects, in full force and effect. 4. Counterparts. This First Amendment may be executed in any number of counterparts, including facsimile and .pdf, each of which constitutes an original and all of which, collectively, constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. 5. Miscellaneous. (i) The provisions hereof are binding upon and inure to the benefit of the parties and their respective successors and assigns; and (ii) this First Amendment and the Page 2 of 2 License constitute the entire understanding between the parties in respect to the subject matter hereof. INTENDING TO BE LEGALLY BOUND HEREBY, the parties have executed this First Amendment as evidenced by the signatures of their authorized representatives below. Signed: BKV Group By: __________________________________ Bruce Schwartzman Title: Senior Partner Signed: City of Golden Valley, a Minnesota municipal corporation By ________________________________ Shepard M. Harris, Mayor By: __________________________________ Michael Krych Title: Senior Partner By ________________________________ Timothy J. Cruikshank, City Manager PROJECT: Golden Valley Municipal Facility Study ADDITIONAL SERVICE NO.: 002 7800 Golden Valley Road Golden Valley MN 55427 DATE OF ISSUANCE: 06/16/2021 OWNER: City of Golden Valley 7800 Golden Valley Road CONTRACT FOR: Facility Needs Analysis Golden Valley MN 55427 ARCHITECT: Boarman Kroos Vogel Group BKV PROJECT #: 2405-01 222 N. 2nd Street Minneapolis, MN 55401 REQUESTED BY: Owner Architect Engineer Code Consultant Field Condition Other The following reflects the additional resources required by the project team given an expanded amount of project meetings and community engagement. DESCRIPTION: 1. The workplan and schedule included in our original proposal reflected information from the Request for Proposals and included the following assumptions: a. (2) Community Engagement Sessions. b. A total of (11) project meetings, inclusive of workshops, engagement planning, stakeholder meetings and presentation to the city manager and city council. 2. The project ultimately settled into a regular series of Steering Committee, public Task Force, and small - group Communications meetings, and during the process, it was determined than an additional engagement session was necessary to further share information a bout project drivers with the community: a. (3) Community Engagement Sessions. i. Includes planning of Phase I video with Golden Valley and CCX including narrative, images, and scripting. ii. Includes two sessions of live community forum: pre paration and presentation time. iii. Includes the use of the Social Pinpoint multi-format community engagement website platform, which has software-specific costs associated with each project. b. A total of (50) project meetings, inclusive of weekly Communications Meetings (1 hour each), monthly Steering Committee Meetings (1.5 hours each), and Monthly Task Force Meetings (2 hours each) as well as meetings with (10) distinct community stakeholder groups. HOURS REQUIRED: Rates listed are per Master Contract Hours Blended Rate Cost BKV Group 56 $150 $8,400 HKGi 26 $135 $3,510 HKGi – Social Pinpoint Engagement Tool: Software Setup, Customization, Reporting $4,000 Oertel 18 $110 $1,980 TOTAL: $17,890 ISSUED BY: Susan Morgan, BKV Group ACCEPTED BY: Associate Partner 05/28/21 Boarman Kroos Vogel Group Date Owner Date 8 EXHIBIT A SCOPE OF SERVICES Park & Street Maintenance 7730 Golden Valley Rd 30,351 sqft Public Safety 7700 Golden Valley Rd 18,182 sqft City Hall 7800 Golden Valley Rd 13,974 sqft Utility Maintenance 7720 Golden Valley Rd 12,734 sqft Vehicle Maintenance 7730 Golden Valley Rd 10,551 sqft Winnetka Ave N10th Ave N Rhode Island Ave NGolden Valley Rd Country Club DrWinnetka Ave N0 150 30075 FeetDisclaimer: This is not a legal certificate of survey. ICity Hall Campus Sources: Print Date: 8/7/2020 -Hennepin County Surveyors Office for Property Lines (2020) & Aerial Photography (2018). -MnDNR for 2-Foot Contours (2011) -City of Golden Valley for all other layers. 222 NORTH 2ND STREET SUITE 101 MINNEAPOLIS, MN 55401 WWW.BKVGROUP.COM CONTACT BRUCE SCHWARTZMAN, AIA PARTNER-IN-CHARGE 612.790.7605 BSCHWARTZMAN@BKVGROUP.COM GOLDEN VALLEY, MN PROPOSAL FOR ARCHITECTURAL SERVICES – MUNICIPAL FACILITIES NEEDS ANALYSIS SEPTEMBER 18, 2020 Architecture | Interior Design | Landscape Architecture | Engineering ARCHITECTURE INTERIOR DESIGN LANDSCAPE ARCHITECTURE ENGINEERING September 18, 2020 City of Golden Valley Marc Nevinski, Physical Development Director City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 mnevinski@goldenvalleymn.gov RE: Proposal for Architectural Services – Municipal Facilities Needs Analysis Dear Mr. Nevinski and Selection Committee, On behalf of BKV Group we appreciate this opportunity to submit our proposal to the City for the Municipal Facilities Needs Analysis. The BKV team has completed over 150+ needs assessments on City and County facilities in Minnesota and throughout the Midwest. Facility planning and design has been a focus of BKV Group since the firm was founded in Minneapolis in 1978. DESCRIPTION OF COMPANY BKV Group is a full-service architecture, engineering, interior design, landscape architecture and construction administration firm. Over the last 42 years, BKV Group has grown from a sole proprietorship into a diverse partnership with offices in Chicago, Washington DC, Dallas, and Minneapolis, serving clients locally and nationwide. Collectively, we represent a practice whose expertise is team-focused and offers a client- centered approach to creating architectural solutions. Through our full- service structure, we offer our clients a single source for all aspects of design and construction administration services. Our proposed team has extensive experience and strengths in municipal planning and with each facility type included in this study. Our team will be led by Senior Partner Bruce Schwartzman, who heads our Government practice with over thirty years’ experience in municipal planning and focused Police and Public Safety planning. Susan Morgan will be the Project Manager, managing the BKV Group team including our consultants, and contributing as the project’s Library Facility Planner. Leveraging other facility experts within our firm, our team will include Craig Carter, a national expert in Fire Station planning, design, and operations, Greg Martin, retired Fire Chief and Fire Service Operations Specialist, and Interior Design Partner Kelly Naylor as lead City Hall planner. PARTNERING COMPANIES Successful project delivery rests on strong partnerships, and we are proposing consultants with whom we have a working history, and who will provide professional services and insights to meet project objectives: Oertel Architects, Public Works specialists, Wenck Civil Engineers, HKGi as partners for municipal planning and community engagement, and Kraus/ Anderson for pre-construction estimating and strategy. BY THE NUMBERS BKV GROUP – PLANNING BKV Group’s government team brings participation in more than 150 projects over the course of 40 years. We offer full-service governmental planning, design, and engineering specialties under one roof. Our experience with all types of municipal facilities including city/village halls, police stations, fi re stations, public works, and libraries covers the full spectrum of planning, design and construction administration services for new construction, additions, and renovations. 150+NEEDS ASSESSMENTS, STUDIES, AND MASTER PLANS42 YEARS IN OPERATION 200+ EMPLOYEES 18 LICENSED ENGINEERS 40+ LEED ACCREDITED 5 FOCUSED MARKETS 5 LOCATIONS 65LICENSED ARCHITECTS 200+ AWARDS 1 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES PRIOR EXPERIENCE Each component of BKV Group’s team is experienced in detailed municipal facility needs assessment, working with Twin City Metro area constituents and those throughout the state. BKV has collaborated with our proposed partners on current and recent municipal planning projects including the Roseville Civic Campus Master Plan, Site Assessment and Pre-Design for the City of Dilworth, planning and design services for the Fridley Civic Campus, and a Feasibility Study for the City of Howard Lake. COST N/A SIZE 3,300 SF Existing 8,781 SF New COMPLETED September 2020 SERVICES Project Management, Master Planning, Programming PARTICPANTS BKV Group Oertel Architects Wenck Civil Engineers Kraus/Anderson ROSEVILLE CIVIC CAMPUS MASTER PLAN ROSEVILLE, MINNESOTA Development of a Civic Campus Master Plan for the City of Roseville, MN following the City’s purchase of land adjacent to the existing campus, home to City Hall, Police Department, Maintenance Facility, and Central Fire Station. Concurrent with the growth of City services, and building on earlier studies regarding the Maintenance Facility and License Facility, this project aims to provide a planning and growth framework for phased redevelopment. The project’s core goals are to: increase operational efficiency, establish a cohesive civic campus, address current and long-term needs of stakeholders, increase community access, enhance civic identity, and balance fiscal responsibility and value. The Master Plan process includes a multi-phase community engagement strategy, detailed programming with City departments to understand operations and develop detailed space program requirements, and creation of a set of planning options offering distinct opportunities for the future of the civic campus. 2 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES COST $45 million SIZE 184,300 SF COMPLETED October 2018 SERVICES Project Management, Master Planning, Programming, Design, Documentation, Architecture, Interior Design, Mechanical, Electrical, and Structural Engineering, Landscape Architecture, Specifications, Code Review, Construction Administration PARTICPANTS BKV Group Oertel Architects Wenck Civil Engineers HKGi. FRIDLEY CIVIC CAMPUS FRIDLEY, MINNESOTA Building on HKGi’s 2016 site redevelopment plan, BKV Group was commissioned in the programming and construction of the new Fridley Civic Campus. Across University Avenue from the City of Fridley’s Community Park, and directly west of the wooded trails of Locke Park and Rice Creek, stands the recently completed Fridley Civic Campus. This municipal improvement project features a new City Hall / Public Safety facility and Public Works facility, organized around a central water feature and shared plaza. The civic campus will be a central feature in a larger project currently called the Columbia Arena Redevelopment. The City Hall includes administrative offices, public service counters with adjacent breakout conference rooms, community-use space, and a showpiece council chambers. The police and fire facility is located across the lobby from the City Hall. A separate public lobby, Records, police administration, investigations, and patrol spaces are all located on the first floor. The lower level contains a squad garage, a small holding facility with attached vehicle sallyport, evidence processing and storage area, and a five -lane firing range. On the second floor, an EOC/training room and fitness room are accessible for employees. 3 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES 4 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES 4 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES COST N/A SIZE 410,000 SF COMPLETED February 2015 SERVICES Existing Conditions Assessments, Space Needs Analyses, Site Feasibility Studies, Overall Master Plans CITY-WIDE FACILITIES ASSESMENT & MASTERPLAN ALBERT LEA, MINNESOTA Albert Lea selected BKV Group to perform a comprehensive study of the City’s facilities, including the Airport, City Hall, Library, Fire Station, Police Station, PSAP, Public Works, Pool House, Community Center, Ice Arena, and a large park shelter. As a holistic design firm, BKV Group staff assessed the civil, landscape, architectural, interiors, structural, electrical, mechanical, plumbing, and communications elements of each existing building. BKV Group reviewed each space for physical and functional deficiencies, with help from specialty consultants for the airport and ice arena. Through a series of interviews with elected officials and department heads, as well as online surveys for all City employees, BKV Group gathered data about current functional frustrations, maintenance concerns, and expected future needs. This information was compiled and analyzed to inform the creation of space needs programs for each City department. For some of the buildings expected to remain in place, the masterplan recommended a series of interventions to bring the buildings up to full repair, code compliance, and to enhance functionality. For the Airport and Public Works facilities, site masterplans were created that included demolition of some buildings, renovations of others, and suggested new construction. For the remainder, masterplanning options looked a variety of co-location or stand-alone possibilities, including the investigation of multiple options to spur development in an abandoned industrial site in the center of town. HOWARD LAKE FEASIBILITY STUDY HOWARD LAKE, MINNESOTA BKV Group assisted the City of Howard Lake with a facility assessment and space needs study for their City Hall, Police Department, Library and Public Works facilities. The BKV Group team inspected the City’s facilities and completed a comprehensive facility assessment identifying accessibility and maintenance items. As part of the facility assessment, a cost estimate was developed for each facility to support the City in developing an accurate Capital Improvement Plan based on short-term, mid-term, and long-term needs. The space needs study identified operational space deficiencies along with creating staffing and space projections for future space needs and long-term planning. Working together with City staff, BKV Group developed several planning options for how to address the City’s short-term and long-term space needs for each of their facilities, along with an estimated cost for each option. COST N/A SIZE 5 Departments COMPLETED June 2018 SERVICES Project Management, Facility Assessment, Feasibility Study, Programming, Cost Estimating PARTICPANTS BKV Group HOWARD LAKE LIBRARY | 2193-01 | 04-17-20 SITE PLAN - LIBRARY SITE: NEW CONSTRUCTION County Road 67th Street 6th Avenue 24 Parking Spaces DEMOLISHED LIBRARY N LIBRARY6,800 GSF Reading Garden 1 Story RETAINING WALLS N HOWARD LAKE LIBRARY | 2193-01 | 03-04-20   SITE PLAN - OPTION B: 1-STORY NEW CONSTRUCTION Re-use or Demolish (14) Parking Spots (Existing Lot) (Add Alt: Regrade to Align w/Library) Existing Building Demolished Reading Garden (6) Pull-In Spots B 1-Story ALTERNATE: (14) Spot Parking Lot at Library Level 5 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES KEY PEOPLE Proposed project team members bring direct expertise in working with municipal planning and design, and working together bring a wealth of experience to this project for the City of Golden Valley. EDUCATION // University of Arizona, Architecture REGISTRATIONS // Licensed Architect: MN #27026 YEARS OF EXPERIENCE // 41 EDUCATION // Master of Architecture, Massachusetts Institute of Technology (MIT) Bachelor of Science in Architecture, Washington University in St. Louis REGISTRATIONS // Licensed Architect: MA #50035; LEED AP, BD+C YEARS OF EXPERIENCE // 16 BRUCE SCHWARTZMAN, AIA PARTNER-IN-CHARGE / POLICE EXPERT Bruce Schwartzman has more than 41 years of experience in feasibility studies and design of city and county government projects. Bruce has been involved with over 75 studies and facility assessments on a variety of project types both regionally and nationally. He has taken many of the studies from the initial planning process through design and construction.  RELEVANT EXPERIENCE Roseville Civic Campus Master Plan, Roseville, MN Dilworth Site Assessment and Pre-Design, Dilworth, MN Fridley Civic Campus, Fridley, MN Howard Lake Feasibility Study, Howard Lake, MN Albert Lea City-Wide Facilities Assessment & Master Plan, Albert Lea, MN Detroit Lakes Police & City Hall Study, Detroit Lakes, MN Lake Elmo Municipal Space Needs Assessment, Lake Elmo, MN Cloquet Facilities Assessment and Master Plan, Cloquet, MN Shakopee City Hall Study, Shakopee, MN Ramsey Public Works Study, Ramsey, MN Excelsior City Hall Space Needs Study & Renovation, Excelsior, MN Becker Facilities Assessment, Becker, MN Emily City Hall & Police Department, Emily Feasibility study & Renovation, MN Ramsey Fire Station No. 2 Study & New Construction, Ramsey, MN Rochester North Police Station & Service Center, Rochester, MN. SUSAN MORGAN, AIA, LEED AP BD+C PROJECT MANAGER / LIBRARY FACILITY PLANNER Over the course of 16 years, Susan has established strong working relationships with clients by resolving the unique complexities each project and context presents. As a project manager, Susan balances vision, performance, and budget to create a responsive, integrated design solution.  RELEVANT EXPERIENCE Roseville Civic Campus Master Plan, Roseville, MN Howard Lake Feasibility Study, Howard Lake, MN Detroit Lakes Police & City Hall Study, Detroit Lakes, MN Pre-Design for Administrative Offices, Ramsey County, MN Core Services Planning for Residents First Program, Ramsey County, MN Facilities Master Plan, Ramsey County Library, MN* Maplewood Pre-Design Study, Ramsey County Library, MN* Clark Pleasant Branch Feasibility Study, Johnson County, IN* Plymouth City Hall Lower Level Renovation, Plymouth, MN Independence City Hall, Independence, MN Rochester North Police Station & Service Center, Rochester, MN Mary Riley Styles Public Library Modernization, Falls Church, VA Detroit Lakes Police Department Facility, Detroit Lakes, MN 6 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES EDUCATION // University of Illinois at Urbana-Champaign, Bachelor of Science in Architectural Studies & Master of Architecture REGISTRATIONS // Licensed Architect: MN #51130; NCARB #75366; GBCI #10048669; LEED AP BD+C YEARS OF EXPERIENCE // 16 CRAIG CARTER, AIA, LEED AP BD+C FIRE STATION PLANNER / EXPERT Craig has 16 years of experience in architectural studies, programming, planning, design, documentation, and construction administration, including ten years focusing on fire station projects. Craig has produced studies for more than 100 buildings with a wide variety of uses, ages, and conditions. Craig is an expert in the detailed requirements that enable these buildings to be effective tools for their users.  RELEVANT EXPERIENCE Dilworth Site Assessment and Pre-Design, Dilworth, MN Fridley Civic Campus, Fridley, MN Lake Elmo Municipal Space Needs Assessment, Lake Elmo, MN Ramsey Fire Station No. 2, Ramsey, MN Ramsey Public Works Study, Ramsey, MN Rochester Fire Department Station #2, Rochester, MN Elk River Public Safety Building Remodel and Expansion, Elk River, MN Elk River Fire Station #3, Elk River, MN, Elk River, MN Forest Lake Public Safety and Municipal Facilities Master Plan, Forest Lake, MN Dayton Fire Department Study, Dayton, MN Montgomery Public Safety Facility, Montgomery, MN Springfield Fire Department Study, Springfield, OH Springfield Fire Station #4, Springfield, MO Springfield Fire Station #7, Springfield, MO Springfield Fire Station #13, Springfield, MO Springfield Fire Station #14, Springfield, MO Staples Mill Firehouse #20, Henrico County, VA Short Pump Firehouse #19 Henrico County, VA Woodlawn Fire Station #24, Fairfax County, VA EDUCATION // Elementary Education, Bachelor of Arts, University of Montana, Missoula, MT School Psychology, Master of Science, Lewis and Clark College, Portland, OR Executive Fire Officer Graduate, National Fire Academy, Emmitsburg, MD YEARS OF EXPERIENCE // 36 GREG MARTIN, EFO, CFOD FIRE SERVICE OPERATIONS SPECIALIST // RETIRED FIRE CHIEF With more than 36 years of experience, Greg has been well exposed to all aspects of the fire service. He started out as a firefight/EMT and spent 22 years as a Fire Chief. Greg is adept at budget and capital planning, operations and staffing, project management, labor relations and policy development. Throughout his career, he has been involved in the planning and implementation of 10 fire station remodels or new facilities in Minnesota, Michigan and Washington. Before his retirement as Fire Chief of the Rochester Fire Department, Greg worked with BKV Group on the design of Rochester Fire Station No. 2, an award-winning new facility completed in 2015.  RELEVANT EXPERIENCE Rochester Fire Department, MN Kirkland Fire Department, WA Lansing Fire Department, MI Montgomery Public Safety Building, Montgomery, MN Dayton Fire Department Study, Dayton, MN Springfield Fire Department Study, Springfield, OH Springfield Fire Station #4, Springfield, MO Springfield Fire Station #7, Springfield, MO Springfield Fire Station #13, Springfield, MO Springfield Fire Station #14, Springfield, MO Roseville Civic Campus Master Plan, Roseville, MN Elk River Public Safety Building Remodel and Expansion, Elk River, MN Elk River Fire Station #3, Elk River, MN, Elk River, MN 7 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES EDUCATION // University of Minnesota, Bachelor of Science, Interior Design REGISTRATIONS // NCIDQ Certification #016271 LEED Accredited Professional Minnesota Certified Interior Designer (CID) #C02169 YEARS OF EXPERIENCE // 22 KELLY NAYLOR, CID, LEED AP CITY HALL PLANNER & PROGRAMMER Kelly has 22 years of project experience on a wide variety of projects including police, city hall, and county government facilities. Kelly’s involvement and understanding of space standards and layouts is invaluable in the planning process. In addition to Kelly’s planning experience, she brings her knowledge of interior design. She works closely with the project team to identify durable, attractive material and finish options. Kelly will be involved in the project as a main planner on the team, with tasks including space planning, material selection and specifications, construction document development and coordination, as well as furniture review and option selection.  RELEVANT EXPERIENCE Fridley Civic Campus, Fridley, MN Roseville Civic Campus Master Plan, Roseville, MN Independence City Hall Planning, Independence, MN Albert Lea City-Wide Facilities Assessment & Master Plan, Albert Lea, MN Cloquet Assessment and Master Plan, Cloquet, MN Shakopee Study & New City Hall, Shakopee, MN Minnetonka Community Facilities and Programming Space Study, Minnetonka, MN Minnetonka City Hall & Community Center, Minnetonka, MN Dakota County Empire Campus Public Works, Dakota County, MN Plymouth City Hall and Public Safety Building, Plymouth, MN Rochester North Police Station & Service Center, Rochester, MN EDUCATION // Bachelors of Architecture, North Dakota State University REGISTRATIONS // Registered Architect: MN #46485 YEARS OF EXPERIENCE // 17 ANDREW COOPER, AIA OERTEL ARCHITECTS // PUBLIC WORKS PLANNER Andrew has worked on a number of projects at Oertel Architects and has filled a variety of roles. He has worked with new construction projects and building renovations and expansions. Andrew’s responsibilities include schematic design, master planning, project coordination, client/ public contact, 3D building modeling, construction documents and construction administration.  RELEVANT EXPERIENCE Roseville Civic Campus Master Plan, Roseville, MN Dilworth Site Assessment and Pre-Design, Dilworth, MN Fridley Civic Campus, Fridley, MN City of Plymouth Public Works Expansion City of Minnetonka Fire Station Remodel City if Wacinia Fire Station Expansion City of St. Anthony Fire Station City of West St. Paul Ice Arena Study City of Rochester, MN Joint Facility Public Works & Transit Study City of Elk River, MN Public Works Study MnDOT Maplewood Truck Station Building, Maplewood, MN City of Maple Grove Public Works Facility KS Municipal Services & Operations Study, City of Lawrence, KS New Ulm National Guard Facility, New Ulm, MN Andover Vehicle Maintenance Facility, project name, Andover, MA Mankato Transit Facility expansion, Mankato, MN Facilities Master Planning , City of Carver, MN Public Works Facility, City of Maple Grove, Maple Grove, MN Cold Storage Building, City of Blaine MN Public Works Study, City of Ham Lake, MN 8 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES EDUCATION // Master of Planning, University of Minnesota; Bachelor of Arts, Economics, St. Olaf University REGISTRATIONS // American Institute of Certified Planners, Certification #025995 YEARS OF EXPERIENCE // 20 JEFF MILLER, AICP HKGI // ASSOCIATE / PLANNER Jeff is a veteran consulting planner who has also served as a municipal planner and as an urban design and planning research fellow. This range of experience has allowed him to develop a planning approach that integrates diverse perspectives and facilitates a broader understanding of the issues and opportunities communities face. He is valued by clients for his outstanding listening and communication skills, his thoughtful approach, and his emphasis on providing outstanding client service.  RELEVANT EXPERIENCE Residential Zoning and Subdivision Ordinance Revision, Golden Valley, MN City Square West Site Redevelopment Plan, Chaska, MN Historic Downtown Master Plan, Chaska, MN Northstar TOD TIF District Master Plan, Fridley, MN Eliot School Site Reuse Design Guidelines, St. Louis Park, MN Downtown Development Guide, Lakeville, MN Town Center Design Guidelines and Zoning, Eden Prairie, MN District 1 Neighborhood Plan, Clive, IA Zoning Ordinance Revisions, Maplewood, MN Uniform Development Code Update, Farmington, MN Uniform Development Code/Zoning Ordinance Update, Onalaska, WI I-494 Corridor Study and Mixed-Use Zoning Ordinance, Richfield, MN Mixed Use Zoning Ordinance Revisions, Stillwater, MN Unified Development Code Update, Winona, MN EDUCATION // Bachelors of Education, Master of Landscape Architecture, University of Minnesota REGISTRATIONS // Landscape Architect: MN #42954 YEARS OF EXPERIENCE // 21 BRYAN HARJES, PLA, LEED AP HKGI // VICE PRESIDENT / PROJECT MANAGER Bryan’s work for public sector clients includes site master planning, redevelopment planning, landscape architecture, development services, land use planning, park design, and downtown revitalization. His project portfolio includes providing urban design leadership for the current Golden Valley Downtown Redevelopment Study and conducting the redevelopment study and concept planning that led to the construction of Fridley’s new civic campus. He has also conducted similar civic campus planning or redevelopment planning for municipal-owned land for Olmsted County, Chaska, and Waukee, Iowa. He has experience conducting site design and planning for civic and institutional buildings and understands how to help different stakeholders or constituent groups build consensus around a shared vision that can move the community forward. Bryan has been involved in numerous award-winning planning and design projects, which attests to his expertise and creativity as an urban designer.  RELEVANT EXPERIENCE Downtown Redevelopment Study, Golden Valley, MN Civic Campus Redevelopment Planning and Concept Design, Fridley, MN Graham Park Master Plan, Olmsted County, MN Minnehaha Park Refectory Site Plan - Sea Salt, Minneapolis, MN City Square West Redevelopment Plan, Chaska, MN Lockheed Martin Site Redevelopment Study, Eagan, MN Civic Campus Concept Plan | Waukee, IA Sam’s Club Site Redevelopment Analysis | St. Louis Park, MN 9 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES EDUCATION // Bachelors of Science, Civil Engineering Minor, Environmental Engineering, Clemson University REGISTRATIONS // Professional Engineer: MN YEARS OF EXPERIENCE // 13 DANIEL LAVENDER, PE WENCK ASSOCIATES // CIVIL SENIOR PROJECT MANAGER Mr. Lavender is a Senior Project Manager with Wenck with over 13 years of experience in various civil engineering disciplines. His project experience includes management and design of private and municipal site developments, utility infrastructure, roadways and greenways, industrial facilities, and municipal infrastructure capital improvement programs. Mr. Lavender is dedicated to ensuring a successful outcome for every project and measures that success through the satisfaction of his clients. He enjoys the challenge and responsibility of earning his client’s trust through technical excellence, responsiveness, and teamwork.  RELEVANT EXPERIENCE Canterbury Park Parking Lot Improvements, Shakopee, MN Wright County Government Center, Buffalo, MN Snelling Yards Development, Minneapolis, MN Malcolm Yards, Phase I Development, Minneapolis, MN United Machine Company, Monticello, MN Snelling Mixed-Use Development, St Paul, MN Apple Valley Commerce Center, Apple Valley, MN Wright County Tactical Center, Buffalo, MN Brookings County Detention Center, Brookings, SD Cleanwater2020 Program Management, Columbia, SC EDUCATION // Bachelors of Education, MURP, Master of Landscape Architecture, University of Minnesota REGISTRATIONS // Landscape Architect: MN #53837 YEARS OF EXPERIENCE // 8 TIM SOLOMONSON, PLA HKGI // LANDSCAPE ARCHITECT & PLANNER Tim is skilled at providing landscape architecture services on site, streetscape, public space, and trail and park design projects. These services include conceptual design, design development, construction documentation, cost estimation, and construction administration. Tim also provides planning support for a variety of community planning and urban design initiatives. He provides visualization, GIS mapping, graphic design, and report layout and coordination services for land use and redevelopment plans, comprehensive plans, and park and trail master plans.  RELEVANT EXPERIENCE Civic Campus Master Plan, Bloomington, MN Rambling River Center Site Plan, Farmington, MN Federal Reserve Parking Facility Site Plan, Minneapolis, MN Government Center Campus Master Plan, Washington County, MN Menard’s Corporation - Land Planning Services, Apple Valley, MN Downtown Redevelopment Plan, Farmington, MN Shady Oak Road Parking & Redevelopment Plan, Hennepin County, MN Downtown West Infrastructure Planning, Victoria, MN Government Center Campus Master Plan, Washington County, MN Glen Lake Neighborhood Study, Minnetonka, MN Concord Boulevard Neighborhood Redevelopment Plan | Inver Grove Heights, MN Project_description client name, project name, city, state – descriptive text, SF, construction cost, whatever 10 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES EDUCATION // Masters, Business Administration, Entrepreneurial Studies Focus, University of Delaware, Newark, DE BS, Mechanical Engineering, Virginia Tech, Blacksburg, VA REGISTRATIONS // State of MN Professional Mechanical Engineer License #46615 YEARS OF EXPERIENCE // 14 TIM KITTILA, PE, MBA KRAUS-ANDERSON // FACILITIES ASSESSMENT MANAGER Tim helps owners verify program needs and assists in generating long-term master planning that addresses facility options and the risks that exist for each of the options presented. He observes, reviews, and documents the facility conditions including, but not limited to, site conditions, exterior envelope, interior finishes, mechanical and electrical systems, ADA requirements, and safety and security. He presents all viable options and costs associated as a part of a comprehensive plan.  RELEVANT EXPERIENCE Washington County Consulting, Stillwater, MN St. Croix County Facility Assessment of 4 Shop Locations, Baldwin, WI Dakota Carrier Networks Data Center Assessment and Review, Fargo, ND YMCA Facility Assessment, Minnetonka, MN Mobridge Regional Hospital and Clinics Golden Living Center Facility Assessment,, Mobridge, SD Ellsworth Community School District Facility Assessment,, Ellsworth, WI Cambridge-Isanti Schools Facility Assessment, Cambridge and Isanti, MN Ladysmith School District Facility Assessment, Ladysmith, MN South Washington County Schools Facility Assessment, Cottage Grove, MN Tomahawk School District Facility Assessment, Tomahawk, WI EDUCATION // MS, Construction Management, BS, Construction with a Minor in Business Administration University of Wisconsin - Stout Menomonie, WI ASSOCIATIONS // American Public Works Association International Facility Management Association (IFMA) YEARS OF EXPERIENCE // 14 DUSTIN PHILLIPS, MSCM KRAUS-ANDERSON // SENIOR PROJECT MANAGER Dustin leads the project team in the master planning study. Dustin provides owners with a wide range of planning, cost estimating, and project development services. He provides these services on many significant projects in the public sector and the private sector, including municipal and educational building types. In particular, Dustin has experience working in the planning and feasibility phase to partner with the owner’s project team in programming, planning, budgeting, and analyzing options for a solution.  RELEVANT EXPERIENCE Roseville Civic Campus Master Plan, Roseville, MN Washington County Public Works Storage Building, Stillwater, MN Washington County Public Works North Shop, Stillwater, MN Washington County Valley Ridge License Center, Stillwater, MN St. Croix Bluffs Storage Building, Hastings, MN Ramsey County Master Plan, Arden Hills, MN Scott County, Shakopee and Jordan, MN City of Minneapolis Hiawatha Maintenance Facility, Minneapolis, MN St. Croix County Master Plan, St. Croix, MN St. Croix County Highway Facility, Baldwin, WI 11 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES UNDERSTANDING OF THE WORK We understand that this municipal facilities needs analysis carries the weight of both opportunity and requirement: a distinct opportunity to build on current visions for the future of downtown Golden Valley, to establish a phased approach to investment in civic facilities, and to address current and projected space and operational needs with a thoughtful, value-driven plan. The success of this project rests on selection of a design team that can listen and respond to your vision and needs, can contribute the insights of specific expertise in municipal, police, fire, and public works planning, and can lead a process that engages stakeholders and the community in an inspiring and focused planning effort. The BKV Group team is energized by the prospect of this partnership with the City of Golden Valley, to build on your investments to-date, and to cultivate a planning process that draws on the perspectives of each department and staff. Our team is ready and prepared to commit to this project upon notice to proceed, beginning with a project kickoff to establish and reaffirm project vision and goals, with clear objectives for project process and outcomes. APPROACH Our approach to municipal planning efforts, with their multiple constituents and goals of efficiency and value, is consensus- based: utilizing a workshop format as a vehicle to engage project stakeholders in active dialogue and collaboration throughout each phase. Representatives from each firm will participate in the project kickoff, to lend their perspectives to development of the project framework and throughout the analysis and planning process, facility experts will guide programming and stakeholder engagement to address unique operational requirements. Development of planning recommendations will be a whole-team effort: collaboration around recommendations that balance cost, construction feasibility, phased implementation, and progress towards the long-term vision. Our project manager, Susan Morgan, will ensure project progress is consistent towards scheduled milestones and deliverables, and our team will utilize meeting minutes, document markups, and survey responses as a means of tracking stakeholder input and feedback. Our approach is elaborated in our detailed scope of work, attached. PROPOSAL PERIOD OF VALIDITY We confirm that this proposal is valid for a period of 120 days after receipt. FEE SCHEDULE, HOURS, & TOTAL FEE FIRM ROLE TOTAL HOURS TOTAL FEE BKV Group Project Lead 210 $21,000 Oertel Architects Public Works Specialists 66 $8,910 HKGi Consulting Planner, Community Engagement Lead 128 17,150 Wenck Civil Engineer 38 $4,500 Kraus Anderson Cost Estimating, Pre-Construction Strategy 34 $5,100 TOTAL 476 $56,660 REIMBURSABLES $1,800 If there is any additional information or clarification that you and/or the selection committee need, please do not hesitate to contact me at 612.790.7605. Thank you for your consideration and we look forward to talking to you soon. Sincerely, Bruce Schwartzman, AIA Partner-in-Charge, BKV Group 12 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES 13 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES  SCOPE OF WORK WORKPLAN AND SCOPE OF WORK Our approach to municipal planning is one of partnership: leveraging specific expertise within our team, and connecting with your key stakeholders throughout the process to define and achieve your long-range vision. The BKV Group team will work closely with the City, all departments, the City Council, your project task force and steering committee to review goals, criteria and expectations at the start to help assure that the City’s objectives and schedule will be met. Throughout the process BKV will assist the City in preparing and presenting updates to the City Council and public. Providing regular reviews and updates to the City staff, Departments and City Council ensures all concerns, questions and options are heard and considered through the development of the study. At the beginning of the study we will work with the City’s steering committee to review and refine the proposed schedule and incorporate all required dates such as tours, staff interviews, team meetings, City Council meetings, community engagement session, public presentations, review periods, etc. Key aspects of our schedule are: • Identification of critical path milestones and target deliverable dates • A defined sequence of regular workshop sessions with the steering committee and project task force • An integrated approach to detailed stakeholder engagement • Provision of review periods at key progress milestones so key stakeholders have time to reflect and comment on work-to- date • Coordination of team activities: analysis, programming, collaboration • Recommendations for community engagement events, including marketing and outreach in advance • Presentations (progress and final) to the City Council Our proposed scope of work integrates the tasks outlined in your RFP with our tested approach to municipal planning, starting from a period of information gathering, building on detailed facility understandings, and translating research into preliminary options offering distinct options that realize your goals while providing alternatives to operations, identity, and value. Following review by your steering committee, task force, and City Council, we will refine these into a set of final recommendations designed to support phased implementation.  SCOPE OF WORK 14 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES PART A – DISCOVERY Successful space needs assessments and programming must begin with a comprehensive understanding of project goals, objectives, and previous work. This exploration will include: •Review of the City’s Comprehensive Plan •Review of previous assessments and studies including the January 2020 Downtown Study Phase II •Workshop with the City’s steering committee to define project expectations, objectives, and opportunities •Research into population and demographic projections •Assessment of applicable zoning requirements •Review of existing facility documentation •Development of existing facilities plans in digital form (or adjustment of record documents to as-built conditions) •Exploration of goals for community engagement: scale (small group vs open house), nature (formal, informal, digital, in- person), timing (early to inform process, during progress to foster input and feedback) etc. •Leading a dialogue with primary project stakeholders to define project vision and goals, and to define expectations for project process PART B – FACILITY ASSESSMENT We find it useful to begin our studies with detailed facility audits which provide insights into the opportunities and challenges of each facility. This allows our team to understand these physical resources as they relate to asset management, life expectancy, maintenance cycles, energy efficiency, codes and technology. This process can include utilization of previous facility studies and reports, onsite assessment teams including our facility specialists, engineers, architects, and landscape architects, and documentation of existing conditions as a reference for development of facility programs and overall master plan recommendations. Where previous studies recommend facility relocation or major renovations, this process is still invaluable for our team to identify and understand current workflows, limitations to service and operations, and to inform our dialogue with stakeholders about future planning. For facilities to be reused or adapted, we recommend a more comprehensive building audit which will include an evaluation of the facility relative to current building, life safety, energy, and accessibility codes and regulations. This process is inclusive of detailed evaluation of site, exterior envelope, major building systems, deferred maintenance projects, and interior environmental quality, and will result in a detailed building audit report with specific recommendations to be integrated into comprehensive planning strategies and budget. PART C - FACILITY SPACE PROGRAMMING To fully understand and help develop long range planning recommendations, department needs must be considered both as they exist currently, but also for how they might adapt and transform in the near and long-term. Our work during this phase will include: •Plan & Space Review Under the guidance of facility specialists, our team will review each facility’s existing plans to understand workflows, space utilization, and deficiencies. Our team will then visit each facility and department to document key attributes, to verify critical operating adjacencies, and to understand current service touchpoints with the public. 15 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES  SCOPE OF WORK • Questionnaires Anonymous digital questionnaires will be issued to elicit feedback from staff within each department, as a tool that feeds into our direct engagement. Each survey is structure based on specific department functions, staffing, and operations, and will be provided as a draft for review by department supervisors prior to release. • Leadership and Staff Interviews Building on the information provided through the questionnaires, we will schedule listening sessions with each department, allowing our team to more deeply understand issues raised in the questionnaires, and to more fully understand departmental goals and operations. Through a guided dialogue led by our facility experts, we will lead a conversation about space expectations, specialized functions, administrative and operational service demands, and opportunities for future evolutions. • Staffing Projections Drawing on our firm’s database of municipal facilities within Minnesota and nationwide, we will draw on benchmarks and demographic projections along with feedback from key stakeholders to develop detailed staffing projections for each department’s growth at 5, 10, 15, and 20 years. We will review possible changes in staffing, consolidation of departments, and the impacts of evolutions in work-from-anywhere. • Space Standards Specific space standards will be developed for each department and facility, integrating research and engagement, codes and standards, current and projected needs, into plans that accommodate growth and change over time. We will utilize room data sheets as a tool to document space size, critical attributes, key adjacencies, and required furniture, technology, and equipment. These will be shared with the City and key stakeholders to ensure all expectations and requirements are accounted for in the planning documents. • Facility Comparisons As the City of Golden Valley considers future growth and investment, it will be valuable to benchmark the City’s facilities and operations against other Minnesota municipalities. BKV Group’s database of municipal facilities will be a reference point for creating a benchmark of municipalities with similar size, population, facility size and age, staff counts, etc. We will lead tours for the steering committee and task force, as a means of fostering an in-situ dialogue about the translation of planning goals and vision to constructed reality. This will be an invaluable opportunity for you to ask questions about “lessons learned,” and to reflect on your project expectations. • Space Program – Current/Future/Projected The conclusion of this programming process is compilation of the information and data into a program document which clearly identifies long range facility space requirements. The final space program will include a spreadsheet listing staff spaces and department support spaces projected over 5, 10, 15 and 20 year periods. Individual space requirements will inform a recommendation for total building area for each facility. Following review and approval by the City this program document will serve as the basis for Part E of this study. PART D – COMMUNITY ENGAGEMENT During the project kickoff, we will work with you to define expectations for community engagement, and will integrate multiple touchpoints into our project schedule – often concurrent with other processes, but scheduled to inform development and refinement. It will be critical for the steering committee and task force to contribute to a community What I valued the most is that all of the [BKV] crew were very responsive to our needs. They helped and guided us through the decision making in the designing of this fire station. We needed to stay within a certain footprint and to do so, we wanted to optimize that, so we tried to build the station to last long. [BKV] gave us everything we needed within this station. DAN SCHWARTZ Fire Captain Henrico County Short Pump Firehouse #19 “ 16 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES  SCOPE OF WORK engagement framework that establishes goals for soliciting input and feedback, identifies targeted stakeholders including adjacent property owners, residents who utilize existing City services and facilities, and those targeted to more fully connect with City services and resources. Our team has a history of productive community engagement, and will be led in this process by HKGI as a means of integrating this project with the Downtown Study, including the use of multiple engagement methods: • Dynamic, interactive digital websites such as Social Pinpoint • Anonymous survey feedback (including translation into multiple languages, where appropriate) • Hands-on guided workshops where residents and key stakeholders actively participate in planning dialogue • Use of the World Café method for small-group meaningful discussions • QR-code based surveys for feedback about specific facilities or service touchpoints • Video communications as a touchpoint for dynamic connection • Social media messaging for regular updates and to cultivate positive energy for the process We look forward to working with you to define an engagement process which is appropriate to this project, provides a level of connection and feedback to inform our recommendations, and allows for meaningful touchpoints between this project and your residents and key stakeholders. PART E - PLANNING OPTION DEVELOPMENT Drawing on all of the work and feedback received to date, our team will develop schematic design options – both at site and individual building scale – that meet space needs, address functional and operational requirements, reflect goals for utilization, workflow, and service, and create a sense of place and identity for Golden Valley. With our initial designs our goal is to provide options that foster a dialogue about opportunity, value, and adaptability as the City grows over time. By preparing distinct options, the steering committee, task force, and City Council will be able to engage in a dialogue about how these strategies fulfill project goals, how they present new opportunities, and what else should be explored and considered. Following input and feedback, our team will refine and consolidate design recommendations. This phase will include: • Conceptual site plans with recommendations for site access, building massing, and key amenities • Strategies for the downtown pathway and plaza with an eye towards public placemaking • Site selection criteria for remote Public Works and Fire Stations, aligned with overall planning recommendations, projected space needs, and operational requirements • Recommendations for phased implementation, with an eye towards maintaining operations • Implementation dates will be grounded in specific ‘triggers’ which the City may use as a guide to initiate investment in a particular facility. • An outline of steps required to prepare existing facility sites for private development • Response to feedback from the steering committee, task force, and City Council, including revisions to proposed designs, development of new approaches as requested, and refinement of final recommended planning and facility designs 17 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES  SCOPE OF WORK PART F – DETAILED RECOMMENDATIONS Once preliminary planning approaches have been vetted, our team will refine our options and develop a cost-benefit analysis, including phasing. This is a critical component of a successful and useful facility needs analysis, as government projects must balance needs with investment and long-term value. Cost assessments will include site and facility development costs, implementation of deferred maintenance (where required), and projected soft costs (professional services, testing, permitting necessary to implement each part of the project). We can also provide projections of utility costs, to define savings over time with the investment in new facilities, and to aid in consideration of grant and financing options. A draft report will be developed and shared with the steering committee, task force, and City Council, that provides: • Project background and context, including referenced reports and demographics • Program information for each department and facility • A summary of community and stakeholder engagement • Final recommendations for site and schematic building plans • Projected phasing and implementation strategy • Estimated construction and project costs for each scheme • Appendices providing preliminary planning options and detailed engagement feedback The report can also include visioning images to aid in communication of design intent and to foster a common understanding of projet potential. These can include three- dimensional site plans, and conceptual renderings of facilities. Our team will refine the report based on feedback and will submit and present a completed report to the City Council. SCHEDULE Please see page 18 for a detailed schedule. ADDITIONS AND OMMISSIONS TO SCOPE BKV Group proposes no deletions from the scope of work, but proposes additional workshop touchpoints as outlined in our graphic schedule, to provide continuity of dialogue and accountability throughout the project. The BKV Group got to know us as their client very well, they listened well and sought an abundance of input to make certain that every aspect of the design would match our needs. Clever details like the plaza area with dyed concrete stripes that could double as overflow parking stalls or the place for an art fair or farmer’s market, an amphitheater for outdoor classes or entertainment, a fireside room that would serve as a great meeting space or the resident’s civic campus living room. Each space inside the building was designed to be open, bright, airy and efficient...the City of Fridley is thrilled with its new, beautifully designed complex and our choice of the BKV Group. SCOTT J. HICKOK AICP Community Development Director Fridley Civic Campus “  SCOPE OF WORK18 | ENRICHING LIVES AND STRENGTHENING COMMUNITIES ID Task NameStartFinish1Golden Valley Municipal Facilities Needs AnalysisMon 10/19/20Tue 5/18/212Part A & B - Discovery & Facilities AssessmentMon 10/19/20Fri 11/13/203Review Available Drawings, Documents & AssessmentsMon 10/19/20Fri 10/23/204Workshop 1: Project KickoffMon 10/26/20Mon 10/26/205Develop Existing Building Digital Floor PlansMon 10/26/20Wed 11/4/206Site Visits: Existing Building AuditsMon 11/2/20Wed 11/4/207Building Audit ReportMon 11/2/20Fri 11/13/208Workshop 2: Primary Project StakeholdersFri 11/13/20Fri 11/13/209Part C - Facility Space ProgrammingMon 11/2/20Fri 12/18/2010Facility Space ReviewMon 11/2/20Fri 11/6/2011Workshop 3: Department Leadership (by Department)Fri 11/6/20Mon 11/9/2012QuestionnairesMon 11/9/20Fri 11/20/2013Workshop 4: Staff Interviews (by Department)Mon 11/23/20Wed 11/25/2014Staffing Projections & Space StandardsMon 11/30/20Fri 12/4/2015Project Site Visits (Key Stakeholders)Mon 12/7/20Fri 12/11/2016Develop Program DocumentMon 11/23/20Fri 12/11/2017Council Update #1: Project ProgramTue 12/15/20Tue 12/15/2018Part D - Community EngagementMon 11/2/20Fri 2/19/2119Workshop 5: Engagement Goals & PlanningMon 11/2/20Mon 11/2/2020Community Engagement Part I (Methods & Dates TBD)Mon 12/7/20Fri 12/11/2021Community Engagement Part II (Methods & Dates TBD)Mon 2/8/21Fri 2/19/2122Part E - Planning Option DevelopmentMon 12/14/20Tue 4/6/2123Planning Option Development (incl. Holiday time)Mon 12/14/20Fri 1/15/2124Workshop 6: Review Draft OptionsMon 1/18/21Mon 1/18/2125Council Update #2: Draft OptionsTue 1/19/21Tue 1/19/2126Revise Planning OptionsWed 1/20/21Fri 2/5/2127Site & Phasing StrategyWed 1/20/21Fri 2/5/2128Workshop 7: Review Revise Options & Phasing StrategyMon 2/22/21Mon 2/22/2129Revise Planning OptionsTue 2/23/21Fri 3/12/2130Project Cost EstimationMon 3/15/21Fri 4/2/2131Council Update #3: Final Options & CostsTue 4/6/21Tue 4/6/2132Part F - Detailed RecommendationsMon 3/29/21Tue 5/18/2133Develop Draft ReportMon 3/29/21Fri 4/16/2134Workshop 8: Review Draft ReportMon 4/19/21Mon 4/19/2135Finalize ReportTue 4/20/21Fri 5/7/2136Submit 100% Final Report to City ManagerFri 5/7/21Fri 5/7/2137Report Submitted to Council for Approval/Consent AgendaTue 5/18/21Tue 5/18/2111/1310/2310/2611/411/411/1311/1312/1811/611/611/2011/2512/412/1112/1112/1511/212/112/194/61/151/181/192/52/52/223/124/65/184/164/195/75/75/18131823282712172227271217222716111621263151015202527121722271611162126161116212631October 2020November 2020December 2020January 2021February 2021March 2021April 2021May 2021City of Golden ValleyMunicipal Facilities Needs AnalysisPreliminary Schedule 09/18/20Page 1SCHEDULE ENRICHING LIVES AND STRENGTHENING COMMUNITIES WWW.BKVGROUP.COM CHICAGO 209 South LaSalle Street The Rookery, Suite 920 Chicago, IL 60604 P 312.279.0470 DALLAS 1412 Main Street Adolphus Tower, Suite 700 Dallas, TX 75202 P 469.405.1196 HANOI, VIETNAM No 1 Dao Duy Anh Street Ocean Park Building, Suite 15, Room 1508Phuong Mai Ward, Dong Da District Hanoi, Vietnam P 469.405.1240 MINNEAPOLIS 222 North Second Street Long & Kees Building, Suite 101 Minneapolis, MN 55401 P 612.339.3752 WASHINGTON, DC 1054 31st Street NW Canal Square, Suite 410 Washington, DC 20007 P 202.595.3173 CONTACT: BRUCE SCHWARTZMAN, AIA PARTNER-IN-CHARGE 612.790.7605 BSCHWARTZMAN@BKVGROUP.COM Golden Valley Council Meeting July 20, 2021 Agenda Item 3. F. Approval of Golden Valley Fire Relief Association By-Law Pension Amount –Resolution 21-54 Prepared By Sue Virnig, Finance Director John Crelly, Fire Chief Summary In 2018, staff worked with the Golden Valley Fire Relief Association (GVFRA) to update their policies and by-laws on increases to their yearly pension levels to include the following: • Set their internal policies so that the funding level (assets over liabilities) on their current SC form has to be at least 120%. This means an increase will only be eligible for consideration if assets exceed liabilities by 120% and after an increase is applied to the assets to liabilities ratio cannot be less than 120%. This percentage allows less volatility with the markets and less likely for a municipal contribution (levy) when an increase is approved to the yearly pension. • Change timing to review after the audit is complete instead of December/January. The audit will give actual numbers instead of estimates for the funding level. In 2021, the 2020 audit fieldwork was completed in May. • All requests for increases will be approved by Council before an increase is effective. If the benefit is increased without ratification and a municipal contribution should subsequently become required, the benefit level is no longer effective without ratification and any future benefits can only be paid using the ratified benefit level (the relief association must drop its benefit level to the last ratified level). Staff has had conversations with the GVFRA to discuss the pension increase to $12,200. The increase would lower the ratio to 148% and met the criteria above. The amount was approved by the GVFRA contingent on the approval of the City Council. If the City Council approves this resolution, the GVFRA will vote on the change to their by-laws in September. City Council Regular Meeting Executive Summary City of Golden Valley July 20, 2021 2 Financial Or Budget Considerations The current liability meets the funding level of at least 120% (assets over liabilities) on their current 2020-SC form and the 2020 audit has been filed. Recommended Action Motion to adopt Resolution No. 21-54 Approving Golden Valley Fire Relief Association By-Law Article XI Increasing the Service Pension from $9,200 to $12,200. Supporting Documents • Resolution No. 21-54 Approving Golden Valley Fire Relief Association By-Law Article XI Increasing the Service Pension from $9,200 to $12,200 (2 pages) RESOLUTION NO. 21-54 RESOLUTION APPROVING GOLDEN VALLEY FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAW ARTICLE XI INCREASING SERVICE PENSION AMOUNT WHEREAS, the Golden Valley Fire Department Relief Association has by-laws governing their process for active duty; and WHEREAS, an active member of the Golden Valley Fire Department Relief Association is eligible to collect a lump sum service pension subject to Article XI of the by- laws; and WHEREAS, the City of Golden Valley may be required to approve a relief association’s pension benefit level, and also may be required to make contributions to fund relief association pension benefits; and WHEREAS, the Article XI relates to a sections of the by-laws; and WHEREAS, the Annual Service Pension amount approved shown in Exhibit A; and WHEREAS, the Fire Relief added to their policies that the benefit increases will be pursued under the following guidelines: using the State current year Schedule Form (SC) that show projected assets and accrued liabilities must be at a funding ration of at least 120% and the amount will not have triggered a municipal contribution on the current year SC form. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: Approve the Annual Service Pension in Article XI from $9,200 to $12,200. Adopted by the City Council of Golden Valley, Minnesota this 20th day of July, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Resolution No. 21-54 - Continued July 20, 2021 EXHIBIT A ARTICLE XI Section I: a. Amount of Benefit - Each applicant shall be eligible for a service pension of $9,200($12,200) per full year of active service as a firefighter with the fire department. b. Early Vesting Provision - In the event a member with ten years or more, but less than twenty years of active service on the City of Golden Valley Fire Department resigns, that person shall be entitled to the following benefits that represent the early vested portion of their total pension amount, reduced by four (4) percent per year for each year less than 20. The following table shall be used to determine the pension amount, less any accrued interest: Completed Years of Service Early Vesting Reduction Pension Amount 10 40% $ 55,200 $ 73,200 11 36% $ 64,768 $ 85,888 12 32% $ 75,072 $ 99,552 13 28% $ 86,112 $ 114,192 14 24% $ 97,888 $129,808 15 20% $ 110,400 $ 146,400 16 16% $123,648 $ 163,968 17 12% $137,632 $ 182,512 18 8% $152,352 $ 202,032 19 4% $167,808 $ 222,528 20 none $184,000 $ 244,000 More than 20 none Add $9,200 $12,200 per year Golden Valley City Council Meeting July 20, 2021 Agenda Item 3. G. Remote Meeting Attendance Policy, Resolution No. 21-55 Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary Between March 2020-June 2021, to protect individual safety during the COVID-19 pandemic, the City hosted all Board, Commission, and City Council meetings virtually. Though the City resumed in-person meetings in July, the City continues to recognize the benefits of offering virtual meeting attendance options. Offering remote meeting attendance eliminates barriers for individuals who have childcare needs or travel for employment. The City believes that offering hybrid (in-person and virtual) meetings will both increase the recruitment pool for appointed individuals and decrease absenteeism of appointed members. The proposed policy allows elected and appointed officials, including City Council members, boards, commissions, and task force members to attend their meetings remotely under the provisions of MN State Statute. At the Council/Manager meeting on July 13 the City Council discussed and agreed that a change to this policy will be beneficial for current appointed officials and eliminating barriers for future appointed officials. Financial Or Budget Considerations Not applicable Recommended Action Approve Resolution No. 21-55 to Amend the Remote Meeting Policy. Supporting Documents • Resolution No. 21-55 • Remote Meeting Attendance Policy (2 pages) RESOLUTION NO. 21-55 RESOLUTION AMENDING REMOTE MEETING POLICY WHEREAS, the City Council adopted a remote meeting policy during the COVID-19 pandemic; and WHEREAS, the City Council recognizes the benefits of offering virtual meeting attendance options and therefore staff recommends updating the Remote Meeting Policy. NOW THEREFORE BE IT RESOLVED, that the City Council for the City of Golden Valley amends the Remote Meeting Policy attached hereto as Exhibit A. Adopted by the City Council of Golden Valley, Minnesota this 20th day of July, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Resolution No. 21-47 -2- June 15, 2021 EXHIBIT A City of Golden Valley Utility Billing Late Payment Policy Current Policy The City currently applies a 10% penalty to past-due quarterly residential utility bills and a 5% penalty to past-due monthly commercial and multi-family apartment utility bills. The City charges late penalties to incentivize prompt payment to ensure sufficient cash flow to cover the City’s costs to provide water, including: timely payment to the City’s water supplier, the City of Minneapolis; sewage and wastewater treatment charges to the Metropolitan Council Environmental Services (MCES); recycling fees; and other regular and emergency system maintenance costs. The Finance Director considers a number of factors when evaluating requests to waive penalties and late fees, including payment history, past penalties, and whether a past-due balance has been certified to the county in prior years. The City does not shut-off any utilities due to non-payment. The City uses a mechanism called certification once a year to recoup the outstanding balances through the property tax system. The City will consider write offs of penalties and fees (collectively, “Late Fees”) according to the following framework: • Customers may submit requests to waive Late Fees by calling 763-593-8010 or emailing finance@goldenvalleymn.gov. • Penalty and late fee waivers will be granted under this policy if all of the following are true: 1. The customer that has received a late penalty due to non-payment by due date. 2. The customer has not received a write-off in the last three years. Payment Options The City offers a no-cost online payment option for customers preferring to pay by credit or debit card (VISA, MasterCard, American Express, Discover), or by automatic withdrawal (ACH) from a checking or savings account. Customers may make payments by mail or by leaving payments in the drop box next to the front door of City Hall. The system allows the customer to set up automatic monthly payment to help with their budget. Email finance@goldenvalleymn.gov or call 763-593-8013 for additional information about payment options. The City will not consider requests for discounts or reductions in usage fees unless the reading was proven to be incorrect. This policy shall remain in effect indefinitely until modified or terminated by City Manager or City Council action. Elected and Appointed Officials Remote Meeting Attendance Policy Remote Meeting Attendance Policy Purpose The purpose of this Remote Meeting Attendance Policy (“Policy”) is to establish standards for remote meeting attendance for City of Golden Valley elected and appointed officials. All remote attendance must meet the requirements of Minnesota Statutes § 13D.02 and this Policy. Policy A. Applicability This Policy applies to City of Golden Valley elected and appointed officials (collectively, “Members”), including but not limited to members of the following public bodies: 1. The City Council 2. All commissions of the City of Golden Valley 3. All boards of the City of Golden Valley 4. All task forces of the City of Golden Valley 5. All other public bodies duly created by the Golden Valley City Council B. Interactive Technology & Remote Attendance Defined As used in this Policy, the terms Interactive Technology and Remote Attendance have the following meanings: • Interactive Technology means technology that allows all Members to hear and see one another and all discussion and testimony presented at any location at which at least one member is present. • Remote attendance means attending a meeting by Interactive Technology from a location that is not the regular meeting location. C. Requirements Elected and appointed officials may attend City Council, Board, or Commission meetings by interactive technology so long as: 1. All Members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one Member is present; 2. Members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of members of the body; 3. At least one Member of the body is physically present at the regular meeting location; 4. All votes are conducted by roll call so each Member’s vote on each issue can be identified and recorded; and 5. Each location at which a Member of the body is present is open and accessible to the public. D. Quorum Each Member participating in a meeting by Interactive Technology is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. E. Notice If a Member attends a meeting by Interactive Technology, the City must provide notice of the regular meeting location and notice of any site where a Member of the body will be participating by Interactive Technology. Elected and Appointed Officials Remote Meeting Attendance Policy A Member wishing to attend a meeting remotely must request approval from the public body’s staff liaison at least seven (7) calendar days prior to the meeting. The Staff Liaison will review the request to ensure conditions of this policy are met. The Member’s request must include the reason or reasons for the request and the description and street address of the proposed remote meeting location. F. Internet Connection Members remotely attending a meeting must have a stable, consistent source of internet access. G. Associated Costs Members attending remotely are responsible for any associated costs and will not be reimbursed by the City for remote meeting related expenses. H. Public Monitoring of Remote Meetings If Interactive Technology is used to conduct a meeting, to the extent practical, the City shall allow members of the public to monitor the meeting electronically from a remote location. I. Records The minutes for all meetings conducted using Interactive Technology must reflect the names of any Members appearing by Interactive Technology and state the reason or reasons for the appearance by Interactive Technology. J. Exceptions under State Law This Policy shall not preclude members from participating remotely where they meet the requirements of Minn. Stat. § 12D.02, subd. 1(b)(1)—(2), or 13D.021. Golden Valley City Council Meeting July 20, 2021 Agenda Item 3. H. Flexible Spending Benefit Plan Amendment Prepared By Tara Olmo, Assistant to the City Manager´s Office Kirsten Santelices, Deputy City Manager/Human Resources Director Summary The City proposes a benefit amendment to its Flexible Spending Plan document. The COVID relief Bill, the Consolidated Appropriations Act 2021 allows employers to make a benefit plan change, which allows employees to increase their dependent care reimbursement elections from the maximum of $5,000 to $10,500. The City staff are supportive of this benefit plan amendment and giving employees the opportunity to take advantage of the tax benefits as allowed under this act. Financial Or Budget Considerations Not applicable Recommended Action Motion to Authorize the City Manager to sign an amendment to its Flexible Spending Plan. Supporting Documents NA Golden Valley City Council Meeting July 20, 2021 Agenda Item 6. A. First Consideration of Ordinance Nos. 718 and 719 - Abolishing Civil Service Commission and creating Police Employment Accountability and Community Engagement Commission Prepared By Kiarra Zackery, Equity and Inclusion Manager Maria Cisneros, City Attorney Tim Cruikshank, City Manager Summary At its September 15, 2020 meeting, the City Council approved the creation of a Police Commission Task Force (the “Task Force”) to begin the process of studying how the City might replace the existing Civil Service Commission with a new Police Commission. The purpose of the Task Force was to: 1. Develop a recommendation regarding the name, membership composition, and duties of a new commission on policing; and 2. Draft a proposed mission statement and bylaws for the new Commission which defines its role. The Task Force met twice per month beginning on November 19, 2020. Councilmember Gillian Rosenquist served as the Task Force Chair. Kiarra Zackery, Equity and Inclusion Manager and Police Chief Jason Sturgis served as the staff liaisons. City Attorney Maria Cisneros also attended Task Force meetings and supported its work. All Task Force meetings were open to the public and were advertised on the City’s website and social media. The work of the Task Force was presented to the public via social media, an online survey, two podcasts, and two live community engagement events. The Task Force invited the public to contribute to its work through a variety of means, which are summarized in the Community Input Report. The Task Force recommends the City Council create a new commission called the Police Employment Accountability and Community Engagement (PEACE) Commission. The complete recommendations of the Task Force are described in the Final Report. At the July 13, 2020 Council Manager Meeting, the City Council reviewed the Final Report and the staff recommendations included in the Executive Summary prepared by Ms. Zackery and Attorney Cisneros. The City Manager, Equity and Inclusion Manager, Police Chief, and City Attorney participated in the meeting and answered questions from the Council. Two Task Force members also shared comments City Council Regular Meeting Executive Summary City of Golden Valley July 20, 2021 2 with the Council. After reviewing the report and staff recommendations, the Council instructed staff to prepare the proposed ordinance creating the PEACE Commission with the changes summarized below. Definition of Police Department At the July 13 meeting, the Council discussed replacing the words police department with public safety to accommodate any future changes to the structure or services of the Police Department. Council and staff also discussed the need to use clear language to avoid confusion about the scope of the PEACE Commission’s duties and responsibilities. After further internal discussions, staff recommends keeping the term Police Department and adding the following definition to the ordinance (see Ord. 719, § 2- 130(b)): For purposes of this section only, the term Police Department means the Golden Valley Police Department and all other departments of the City of Golden Valley that provide public safety or law enforcement services, but only to the extent those other departments provide public safety or law enforcement services. Notwithstanding the foregoing, Police Department does not include the Golden Valley Fire Department. This definition broadens the phrase Police Department to include any other City departments that may provide public safety or law enforcement services in the future. Under this definition, if the City were to add or move public safety services to another department (other than Fire) or create a new department to provide public safety services, the Commission could conduct programs of research and study and provide recommendations to the Council related to those services. Currently, there are no City departments other than the Police Department that fall under this definition. The Council and Task Force acknowledged in discussion that the City’s officers do more than law enforcement, they also work to maintain and create public safety and community wellness. To reflect this reality, staff recommends adding the following defined term to the Article VI of the PEACE Commission Bylaws: Public Safety Services: Programs, responses, and interactions provided to meet the safety and wellness needs of all community members with the intent to maintain dignity, build respect, detect and prevent crime, enforce the law, and ensure safety for the providers and recipients of the services. The term Public Safety Services reflects the evolution of the role of peace officers from a focus on criminal detection, prevention, and enforcement, to a community-driven service model that values learning from and sharing power with community and aims to reduce trauma responses traditionally associated with policing in historically harmed communities like members of the Black, Brown, Indigenous and LGBTQ+ communities. Adopting this term in the Bylaws glossary reflects the community desire to have a department that works in tandem with the community to maintain and create safe spaces where everyone can not only survive but also thrive. Commission Membership: Composition The Council discussed what role and power Police Department employees should have on the Commission. After reviewing the Task Force recommendations and receiving input from the Police City Council Regular Meeting Executive Summary City of Golden Valley July 20, 2021 3 Chief, Equity and Inclusion Manager, City Manager, and City Attorney, the Council asked staff to modify the membership section of the ordinance to include two non-voting members from the Police Department. The Council asked that staff’s proposal allow for the inclusion of sworn police department employees (i.e. licensed Peace Officers), non-sworn employees, supervisory employees, and non- supervisory employees. Staff recommends the two Police Department members be (a) one licensed Peace Officer that supervises other licensed Peace Officers in the Police Department, such as a commander, sergeant, or the Chief; and (b) one Police Department employee (staff or licensed Peace Officer) in a non- supervisory role. (See Ord. 719, § 2-130(d).) In appointing Police Department employee members, the Council should strive to for a balance of sworn and non-sworn members, as well as members with supervisory and non-supervisory experience. Staff believes this combination will provide a variety of Police Department experiences and perspectives to the Commission and will allow all employees of the Police Department to participate in the Commission. As directed by the Council, the staff members would be non-voting members. Staff recommends these members be appointed by the City Council through the normal Commission application process. These two seats would not count toward a quorum for attendance or voting purposes and could only be filled with Police Department employees. Their membership would terminate if they leave City employment. Next Steps and Process The next steps to abolish the Civil Service Commission and establish a PEACE Commission are as follows: Date Action Aug. 4, 2021 6:30 pm City Council Meeting • Second Consideration of an ordinance repealing City Code § 2-130 to terminate the police civil service commission (unanimous vote required) • Second Consideration of new section establishing PEACE Commission • Approval of summary publication of PEACE Commission Ordinance • Approval of PEACE Commission Bylaws Aug. 5, 2021 Begin accepting applications for PEACE Commission Aug. 10 – Oct. 5, 2021 Interviews for PEACE Commission appointment Oct. 5, 2021 6:30 pm City Council Meeting Approve appointments to PEACE Commission Oct. 14, 2021 First PEACE Commission Meeting Financial or Budget Considerations None at this time. Task Force and Staff recommend hiring Equity and Inclusion Outreach Specialist to serve as staff liaison to PEACE Commission as part of 2022 City budget. City Council Regular Meeting Executive Summary City of Golden Valley July 20, 2021 4 Recommended Action • Approve First Consideration of Ordinance No. 718 repealing City Code § 2-130 • Approve First Consideration of Ordinance No. 719 creating PEACE Commission Supporting Documents • Ordinance No. 718 repealing City Code § 2-130 (1 page) • Ordinance No. 719 creating Police Employment, Accountability and Community Engagement (PEACE) Commission (4 pages) • Police Employment, Accountability and Community Engagement (PEACE) Commission Bylaws (7 pages) • Task Force Final Report and Addenda (link) ORDINANCE NO. 718 AN ORDINANCE AMENDING THE CITY CODE REPEALING SECTION 2-130 OF THE CITY CODE RELATED TO THE CIVIL SERVICE COMMISSION The City Council of the City of Golden Valley hereby ordains as follows: Section 1. The Civil Service Commission is hereby abolished, City Code Chapter 2, Article V, Section 2-130 is repealed in its entirety and the section number shall be reserved for future use. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 4th day of August, 2021. ___________________________ Shepard M. Harris, Mayor ATTEST: ___________________________ Theresa J. Schyma, City Clerk ORDINANCE NO. 719 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 2 OF THE CITY CODE CREATING THE PEACE COMMISSION The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 2, Article V, Section 130 is renamed and shall read as follows: Sec. 2-130. – Police Employment, Accountability and Community Engagement Commission. (a) Establishment. A Police Employment, Accountability, and Community Engagement Commission (PEACE Commission) is hereby established, composed of 13 members, who shall serve three-year staggered terms, except that youth members may elect to serve one, two, or three year terms. (b) Definitions. The following words, terms, and phrases, when used in this section only, shall have the meanings ascribed to them: Police Department: The Golden Valley Police Department and all other departments of the City of Golden Valley that provide public safety or law enforcement services, but only to the extent those other departments provide public safety or law enforcement services. Notwithstanding the foregoing, Police Department does not include the Golden Valley Fire Department. (c) Term limits. Commissioners may serve up to two consecutive three year terms. Partial terms shall not be counted toward this term limit. Former commissioners may be re-appointed for additional terms so long as they have not been on the commission during the twelve months prior to the effective date of any subsequent appointment. (d) Composition. The Commission shall consist of: (1) Three individuals that represent populations historically and presently harmed by policing. (2) Two employees of the Police Department which shall include: i. One licensed Peace Officer, as defined in Minnesota Statutes section 626.84, subd. 1(c), that supervises other licensed Peace Officers in the Police Department, such as a commander, sergeant, or the Chief; and ii. One Police Department employee (staff or licensed Peace Officer) in a non-supervisory role. The two Police Department members shall be non-voting, ex officio members and shall not be counted in determining the number required for a quorum. If an ex officio member leaves City employment, their membership shall automatically terminate. In appointing ex officio members, the Council shall endeavor to include a variety of perspectives, experience, and roles. (3) At least one and no more than two youth, 21 years old or younger, who live, work, or attend school in the City of Golden Valley. (4) One individual with professional human resources or recruitment experience. (5) One individual or social service provider with knowledge or experience of mental health, substance use disorder, or homelessness. (6) One individual or caregiver with knowledge of or experience with the senior population in Golden Valley. (7) One parent, teacher, or administrator at a school that serves Golden Valley residents. (8) One individual who is a renter or lives in multi-family housing or group housing in Golden Valley. (9) At least one individual that has been impacted by the criminal justice system, for example, a criminal defendant or criminal defense attorney. Except for the ex officio seats, if the City does not receive qualified applications from one or more of the above categories, the remaining seats may be filled with any qualified applicant with substantial ties to the City of Golden Valley. In making appointments to the commission, the Council shall endeavor to maintain a membership that reflects the many different social identities represented in the City of Golden Valley, including but not limited to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, status with regard to a public assistance program, socioeconomic status, or familial status. (e) Mission. It shall be the PEACE Commission’s mission to help the Golden Valley Police Department innovate and transform its provision of public safety services based on community input and needs, and to assure that the department provides inclusive, community-centered service. The Commission shall carry-out this mission by: (1) Establishing transparency and accountability to the public; (2) Enhancing communication and understanding between the Police Department, and the people it serves through community dialogue and engagement; and (3) Ensuring the Police Department applies practices that promote equity and inclusion and prioritize hiring and retaining officers with diverse backgrounds. (f) Duties and Responsibilities. It is the duty of the PEACE Commission to advise and make recommendations to the Council on matters relating to and affecting policing in the City of Golden Valley for the purpose of furthering the Commission’s mission. All of the Commission’s work shall be performed pursuant to an annual work plan approved by the Council. Specifically the Commission may: (1) Conduct programs of research and study, in conjunction with the Police Chief and City Manager that analyze Police Department practices, internal controls, and compliance with applicable law and regulation relating to: police policy and procedure; community engagement and attitudes toward policing; training, recruitment and retention initiatives; and other matters related to the mission of the Commission. Research and study includes programs that collect, review, and audit summary data and compile aggregate statistics relating to the Commission’s mission. (2) Present the results of programs of research and study on a periodic basis to the City Manager, Police Chief, or City Council for the purpose of ensuring Police Department operations are conducted in a lawful, effective, transparent, and nondiscriminatory manner. (3) Make recommendations to the City Council, City Manager, and Police Chief relating to internal controls, police policy and procedure; community engagement and attitudes toward policing; training, recruitment and retention initiatives; and other matters contained within a program of research and study. (4) Celebrate exemplary police work and highlight examples of positive contributions to public safety by community members. (5) Educate and learn from the community. Create and implement a community engagement and outreach program for the purpose of building trust and communication between the police and community members and facilitate community space in response to current events related to public safety. Community engagement includes but is not limited to: community forums to facilitate discussions with community members about their experiences with the Golden Valley Police Department, programs to educate the community about policing, and informal relationship building activities. (6) Collaborate with the Community, City Manager, Human Resources Director, and Police Chief to develop and maintain equitable and inclusive recruitment and hiring processes. (7) In August of each year as part of its annual report, review and provide feedback to the City Council on: i. The previous year’s hiring data; ii. The hiring and promotion processes employed by the department in the previous year; iii. The Commission’s previous year goals and how the goals were advanced; iv. The Police Department’s previous year goals and how the goals were advanced; and v. The City’s prosecution philosophy, data, and goals, and how the goals were advanced. (g) Minimum Training Requirements. Within one year of appointment, all new members must complete the Golden Valley Citizen’s Academy or similar training as arranged by the Police Chief. (h) Requirement of Cooperation by Police Department and All Other City Employees and Officials. The PEACE Commission shall have full, free, and unrestricted access, to the extent authorized by law, to the records of the Police Department and prosecutor’s office in order to facilitate research and study projects authorized in section (f)(1) herein and to conduct special reviews at the request of the City Council. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 4th day of August, 2021. ___________________________ Shepard M. Harris, Mayor ATTEST: ___________________________ Theresa J. Schyma, City Clerk BYLAWS – PEACE Commission 1 BYLAWS POLICE EMPLOYMENT, ACCOUNTABILITY, AND COMMUNITY ENGAGEMENT (PEACE) COMMISSION Article I: Purpose, Mission, and Duties The Commission shall be an advisory commission to the City Council. A. Mission. It shall be the PEACE Commission’s mission to help the Police Department, as defined in City Code section 2-130, innovate and transform its provision of public safety services based on community input and needs, and to assure that the department provides inclusive, community-centered service. The Commission shall carry-out this mission by: (1) Establishing transparency and accountability to the public; (2) Enhancing communication and understanding between the Police Department, and the people it serves through community dialogue and engagement; and (3) Ensuring the Police Department applies practices that promote equity and inclusion and prioritize hiring and retaining officers with diverse backgrounds. B. Duties. It is the duty of the PEACE Commission to advise and make recommendations to the Council on matters relating to and affecting policing in the City of Golden Valley for the purpose of furthering the Commission’s mission. All of the Commission’s work shall be performed pursuant to an annual work plan approved by the Council. Specifically the Commission may: (1) Conduct programs of research and study, in conjunction with the Police Chief and City Manager that analyze Police Department practices, internal controls, and compliance with applicable law and regulation relating to: police policy and procedure; community engagement and attitudes toward policing; training, recruitment and retention initiatives; and other matters related to the mission of the Commission. Research and study includes programs that collect, review, and audit summary data and compile aggregate statistics relating to the Commission’s mission. (2) Present the results of programs of research and study on a periodic basis to the City Manager, Police Chief, or City Council for the purpose of ensuring Police Department operations are conducted in a lawful, effective, transparent, and nondiscriminatory manner. (3) Make recommendations to the City Council, City Manager, and Police Chief relating to internal controls, police policy and procedure; community engagement and attitudes toward policing; training, recruitment and retention initiatives; and other matters contained within a program of research and study. (4) Celebrate exemplary police work and highlight examples of positive contributions to public safety by community members. (5) Educate and learn from the community. Create and implement a community engagement and outreach program for the purpose of building trust and communication between the police and community members and facilitate community space in response to current events related to public safety. Community engagement includes but is not limited to: community forums to facilitate discussions with community members about their experiences with the Golden Valley Police Department, programs to educate the community about policing, and informal relationship building activities. (6) Collaborate with the Community, City Manager, Human Resources Director, and Police Chief to develop and maintain equitable and inclusive recruitment and hiring processes. BYLAWS – PEACE Commission 2 (7) In August of each year as part of its annual report, review and provide feedback to the City Council on: i. The previous year’s hiring data; ii. The hiring and promotion processes employed by the department in the previous year; iii. The Commission’s previous year goals and how the goals were advanced; iv. The Police Department’s previous year goals and how the goals were advanced; and v. The City’s prosecution philosophy, data, and goals, and how the goals were advanced. Article II: Membership, Appointments, Terms, and Officers A. Membership. The Commission shall consist of: (1) Three individuals that represent populations historically and presently harmed by policing (2) Two employees of the Police Department which shall include: i. One licensed Peace Officer, as defined in Minnesota Statutes section 626.84, subd. 1(c), that supervises other licensed Peace Officers in the Police Department, such as a commander, sergeant, or the Chief; and ii. One Police Department employee (staff or licensed Peace Officer) in a non-supervisory role. The two Police Department members shall be non-voting, ex officio members and shall not be counted in determining the number required for a quorum. If an ex officio member leaves City employment, their membership shall automatically terminate. In appointing ex officio members, the Council shall endeavor to include a variety of perspectives, experience, and roles. (3) At least one and no more than two youth, 21 years old or younger, who live, work, or attend school in the City of Golden Valley; (4) One individual with professional human resources or recruitment experience; (5) One individual or social service provider with knowledge or experience of mental health, substance use disorder, or homelessness; (6) One individual or caregiver with knowledge of or experience working or living with the senior population in Golden Valley; (7) One parent, teacher, or administrator at a school that serves Golden Valley residents; (8) One individual who is a renter or lives in multi-family housing or group housing in Golden Valley; and (9) At least one individual that has been impacted by the criminal justice system for example, a criminal defendant or criminal defense attorney. If the City does not receive qualified applications from one or more of the above categories, the remaining spots may be filled with any qualified applicant with substantial ties to the City of Golden Valley. In making appointments to the commission, the Council shall endeavor to maintain a membership that reflects the many different social identities represented in the City of Golden Valley, including but not limited to race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital status, status with regard to a public assistance program, socioeconomic status, or familial status. BYLAWS – PEACE Commission 3 B. Appointments and Terms. Appointments are made effective May 1 of each year. The Council shall appoint regular members of the Commission for three-year staggering terms. Youth members may be appointed for one, two, or three year terms. The terms of Commission members shall be fixed and determined at the time of appointment by the governing ordinance. City Council shall appoint the members of the Commission and to fill vacancies for unexpired terms. Commissioners may serve up to two consecutive three year terms. Partial terms shall not be counted toward this term limit. Former commissioners may be re-appointed for additional terms so long as they have not been on the commission during the twelve months prior to the effective date of any subsequent appointment. C. Participation, Expectations & Sentiment. A Task Force of community members recommended the creation of the Police Employment, Accountability, and Community Engagement (PEACE) Commission and were initially responsible for drafting the Commission’s Mission and Bylaws. The Task Force worked together from November 2020 to June 2021. The work of the Task Force was influenced by the social context of the murder of George Floyd in the summer of 2020 civil unrest and subsequent trials of the involved officers. In this complex social context, the Task Force worked hard to reconcile many different views of community policing and systemic racism in public safety. In that spirit, the Task Force envisions this commission and its members will accept the following sentiment as the foundation of their work: Commissioners should approach their duties and responsibilities with a growth mindset. They should create opportunities for mutual respect, listen to understand, and value the perspectives and opinions of all stakeholders. D. Officers. The Commission shall elect officers of Chair and Vice-Chair from the Commission membership by its voting members at its regular annual meeting, (no later than the second meeting after May 1 in each year). The Chair and Vice Chair positions rotate, and members may only serve two consecutive years as the Chair or Vice-Chair. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Officers may also delegate the duties of their position to other Commissioners as deemed appropriate by the Commission. Chair responsibilities include: (1) work with staff liaison to develop meeting agendas (2) conduct and preside at all meetings in a productive and time-efficient manner (3) ensure the Commission conducts its activities within the stated mission and bylaws of the Commission (4) appoint Commissioners to subcommittees (5) monitor and ensure the progress of the Commission (6) report to the City Council Vice-Chair responsibilities: (1) perform the duties of the Chair in the absence or incapacity of the Chair (2) perform all other duties as prescribed by the Commission Article III: Meetings and Attendance A. Meetings. All meetings of the Commission shall be conducted in accordance with the Minnesota Open Meeting Law and City code. This means all business and discussion occurs at a meeting that has been posted and is open to the public. BYLAWS – PEACE Commission 4 The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of members may meet to have informal discussion, however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. A quorum of the members should not discuss Commission business by email, forms of social media, telephone, or informal meetings. If there are no items on the agenda, the meeting shall be cancelled and the staff liaison shall communicate the cancellation to the commissioners. The proceedings of meeting should be conducted using standard parliamentary procedure. (1) Regular Meeting. The regular meeting of the Commission shall be held on the second Thursday of the month at City Hall at 6:30 pm. The Commission may, by a majority vote, change its regular meeting dates for any reason provided proper public notice of the changed meeting is provided. (2) Annual Meeting. The Annual Meeting of the commission shall be a regular meeting, typically the first meeting after May 1 of each year, at which time officer elections will be held. (3) Special Meetings. A special meeting of the Commission may be called by the Chair or two commissioners, or by the City Council, for the purpose of transacting any business designated in the meeting notice. The notice for a special meeting shall be posted in compliance with the Minnesota State Statutes governing public meetings. The staff liaison shall notify Commissioners at least three days prior to the meeting of the date, time, place and purpose of the special meeting. A special meeting must also be posted in accordance with the requirements of the Minnesota Open Meeting Law. B. Attendance. Members are expected to attend all meetings, including the annual board and commission joint meeting. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If is known in advance that a quorum will not be attained, the meeting will be canceled. Staff liaisons will track attendance at each meeting. Each April, the City Manager’s office will review attendance records for the preceding calendar year (April-March) and send a standardized letter of warning to any member that has missed: • two consecutive or three total meetings for groups that meet once a month; or • two consecutive or five total meetings for groups that meet twice a month. Because attendance is so important to the work of the City’s boards and commissions, the City Manager may ask the member to explain the reasons for their absences. If circumstances prevent the member from committing to consistently attending future meetings, the member may be asked to step down. The City Manager will not ask the member to step down if their inability to attend meetings is due to health reasons. If the member’s attendance does not improve within 3 months after receiving a warning, the City Manager or their designee shall ask the member to step down. If the member chooses not to step down, the Council may take action to remove the member. Article IV: Rules A. Agenda (1) Preparation of the Agenda The agenda for regular and special meetings of the Commission shall be prepared by the staff liaison. Items to be placed on the agenda may be proposed by the Chair, a Commission member, the staff liaison or at the request of the City Council. Residents, businesses, or other interested parties may contact the staff liaison to request that an item be placed on the agenda BYLAWS – PEACE Commission 5 for consideration. All agenda topics presented by the City Council will be placed on an appropriate agenda; requests from other parties will be placed on an appropriate future agenda at the discretion of the staff liaison. (2) Approval of the Agenda The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of members present at the meeting. No items shall be added to the agenda unless deemed as urgent by the staff liaison. (3) Future Agendas At each meeting, the staff liaison shall provide a list of future agenda items. Commission members present may communicate items recommended for inclusion on future agendas. All items must be consistent with the Commission’s mission and annual work plan. The Commission may ask the Council to amend its work plan if it wishes to add or remove items from its work plan during the year. B. Records. All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures, Minnesota Statute and Rules regarding preservation of public records and the Minnesota Government Data Practices Act. The following is an inexhaustive list of Commission records. The Commission may approve any document or record not listed to be retained as an official record by a majority vote • GVPD Organizational chart • Anonymized recruitment and retention demographic report by position maintained by the Human Resources Department • Records of classification studies, actions and job descriptions (describing typical duties, responsibilities and minimum qualifications) • Documents produced as a result of commission work or relied on by the commission to carry out its work • All data published by the Golden Valley Police Department on the GVPD window or similar data portal. C. Work Plan. The Commission will draft an annual work plan that details activities and projected timelines for the upcoming year. • The Chair may appoint Commissioners to be primarily responsible for each work plan activity. • The Commission may establish subcommittees to oversee work plan activities. The subcommittees will be chaired by Commissioners appointed by the Chair. • The Commission’s work plan will be submitted to the City Council, typically during the first quarter of the calendar year. The Chair and/or Commissioners will attend a Council/Manager meeting to discuss the annual work plan with the City Council. • The Commission’s work plan must be agreed upon by the City Council. D. Annual Report. The Commission shall submit an annual report to the City Council summarizing the past year's activities. The report may highlight information the Commission finds appropriate to convey to the City Council. • The Chair or Vice-Chair will prepare the report for approval by the Commission. Commission members may submit signed addenda presenting alternative conclusions or perspectives. BYLAWS – PEACE Commission 6 • The report and addenda are submitted to Council with the current year work plan in the first quarter of the calendar year or as soon thereafter as possible. E. Subcommittees. The Commission may create subcommittees to plan and direct activities related to the duties and responsibilities of the Commission and to facilitate and implement work plan activities. • Subcommittees will be chaired by Commissioners appointed by the Chair and shall not consist of a majority or more of currently appointed Commission members. • A majority of the subcommittee must be present to conduct business, including the subcommittee chair. • The Commission may consolidate or dissolve subcommittees at any time. • The subcommittee chair may appoint other Commissioners and community members to the subcommittee, provided that the subcommittee at no time consists of a majority or more of currently appointed Commissioners. • The subcommittee chair shall report back to the Commission about its activities as an agenda item at regular Commission meetings. • Subcommittee meetings shall be held at a date and time that does not conflict with the Commission’s regular and special meetings. The staff liaison shall be notified of the date, time, location and topic of all Subcommittee meetings. F. Performance of Duties. Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or subcommittee chair as soon as possible. All members are expected to actively participate in the substantive work or participate in a subcommittee. The staff liaison may ask the City Council to review a Commissioner’s appointment based upon its assessment of significant lack of performance. Article V: Amendments and Revisions The Commission will review these bylaws no later than the second meeting after May 1 every three years. Members may present recommendations for changes and amendments. These bylaws can be altered or amended at any regular monthly Commission meeting with a majority of members present, provided that notice of the proposed changes and amendments is provided to each member at least 10 business days before the meeting. The Council must review and approve any changes to, and has final authority regarding, these bylaws. Article VI: Definitions For purposes of the of the PEACE Commission’s work, the following terms shall have the meanings given below: • Accountability: A range of actions to mitigate harm and to restore mutual respect, as defined by impacted parties and the Commission. • Community: Residents, visitors, businesses owners, workers and members of surrounding communities that interact and utilize GVPD services. • Community Engagement: Conversations and activities that promote reciprocal communication of knowledge, perspectives and ideas to build trust and mutual respect between and GVPD. • Data: Quantitative and qualitative information, including narratives from all perspectives, gathered, synthesized and published by GVPD, the PEACE Commission or other organizations relevant to the work of the Commission. • Gender fluid: Individuals whose gender varies over time. A gender fluid person at any time may identify as male, female, gender, or any other non-binary identity or some combination of identities. BYLAWS – PEACE Commission 7 • Gender non-conforming: Individuals who do not adhere to the traditional gender expectations for appearance and behavior of people of their assigned gender. Some identify as transgender, but others do not. • Historically harmed: Individuals and groups associated with social identities that have been historically and presently harmed by the American system of policing (i.e. LGBTQ+, American Descendants of Slaves (ADOS), Black, Indigenous and Latina/o/x community members, individuals with mental and physical dis/abilities, immigrants, refugees, etc). • Public Safety Services: Programs, responses, and interactions provided to meet the safety and wellness needs of all community members, including both the providers and recipients of the services, with the intent to maintain dignity, build respect, detect and prevent crime, or enforce the law. The term Public Safety Services reflects the evolution of the role of peace officers from a focus on criminal detection, prevention, and enforcement, to a community-driven service model that values learning from and sharing power with community and aims to reduce trauma responses traditionally associated with policing in historically harmed communities like members of the Black, Brown, Indigenous and LGBTQ+ communities. • Racism: The normalization and legitimization of an array of dynamics – historical, cultural, institutional, and interpersonal – that routinely advantage Whites while producing cumulative and chronic adverse outcomes for Black, Indigenous, and People of Color (racialequitytools.org). • Transparency: A principle of institutional commitment to be open and forthcoming with data and information. 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 31 Catalytic Converter Marking Event (Hosted by the GVPD) 8:00 AM to 12:00 PM Golden Valley Tire & Service 600 Decatur Ave 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 6:00 - 9:00 PM Various Locations/ In-Person 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 25 Public Safety Open House Begins at 6:00 PM Police Dept & Fire Station 1 7800 Golden Valley Rd 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 JULY AUGUST ANNOUNCEMENT OF MEETINGS AND EVENTS Three or more Council Members may attend the following