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Home My WebLink About06.04.12 Council Packet City of Farmington Mission Statement 430 Third Street Through teamwork and cooperation, Farmington,MN 55024 the City of Farmington provides quality services that preserve our proud past and foster a promising future. FARMINGTON CITY COUNCIL Todd Larson, Mayor Jason Bartholomay Christy Fogarty Terry Donnelly Julie May AGENDA REGULAR CITY COUNCIL MEETING June 4, 2012 7:00 P.M. CITY COUNCIL CHAMBERS Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA S. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during "Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (5/21/12 Regular) (5/29/12 Workshop) Approved b) Approve Agreement with Cannon Valley Printing for Mailing Services— Human Resources Approved c) Approve Outdoor Warning Siren Joint Powers Agreement- Police Approved d) Approve Joint Powers Agreement with Dakota County for Maintenance of GIS Database - Engineering Approved e) Appointment Recommendation—Fire Department Approved f) Acknowledge Resignation Police Department—Human Resources Acknowledged g) Acknowledge Resignation Liquor Operations—Human Resources Acknowledged h) Appointment Recommendation Liquor Operations—Human Resources Approved i) Set Public Hearing EDA Composition-Administration June 18, 2012 j) Approve Bills Approved REGULAR AGENDA (The Council takes a separate action on each item on the Regular Agenda. If you wish to address the Council regarding any or all of the items on the Regular Agenda,please address the item when the item is discussed. Speakers will be given at least three minutes to speak per item. Additional time may be granted to speakers representing two or more persons.) 8. PUBLIC HEARINGS a) Approve On-Sale Liquor License Pizza Man-Administration Approved b) Approve Therapeutic Massage License Michael Ellis -Administration Approved 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) 2011 Audit Report- Finance Information Received 11. UNFINISHED BUSINESS a) Approve Agreement Veterans Memorial—Parks and Recreation Approved 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE 14. ADJOURN Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803. Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation. Table of Contents Agenda 2 Approve Council Minutes (5/21/12 Regular)(5/29/12 Workshop) Regular Minutes 4 Workshop Minutes 9 Approve Agreement with Cannon Valley Printing for Mailing Services Memo 13 Agreement 14 Approve Outdoor Warning Siren Joint Powers Agreement Warning siren activation JPA 17 K11-156 Siren Narrow Banding City JPA FINAL 9-15- 2011 18 Approve Joint Powers Agreement with Dakota County for Maintenance of GIS Database Memo 26 Agreement 27 Appointment Recommendation Memo 33 Acknowledge Resignation - Police Department Ack Resignation_Girard 34 Acknowledge Resignation - Liquor Operations Ack Resignation_Baago 35 Appointment Recommendation - Parks and Recreation (Liquor) Council Memo- Hansen pt liq clerk 2012 36 Set Public Hearing EDA Composition Memo 37 Approve Bills Bills 38 Approve On-Sale Liquor License Pizza Man Memo 58 Approve Therapeutic Massage License Michael Ellis Memo 59 2011 Comprehensive Annual Financial Report (CAFR) CAFR Memo 60 Independent Auditors Report and Compliance Report 62 Approve Veteran's Memorial Agreement Memo 70 Agreement 71 1 COUNCIL MINUTES REGULAR May 21,2012 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson,Bartholomay, Fogarty Members Absent: Donnelly,May Also Present: Joel Jamnik, City Attorney;David McKnight, City Administrator; Teresa Walters,Finance Director;Randy Distad, Parks and Recreation Director;Kevin Schorzman, City Engineer; Cynthia Muller,Executive Assistant Audience: Joy Lauterbach, Mary Scheide,Jim&Mary Bell, Joe Tullar,Don Gamer,Ron Ersfeld, Dave Metzger,John Franceschelli 4. APPROVE AGENDA City Administrator McKnight added item 7h)Approve Temporary On-Sale Liquor License Farmington Liquors. MOTION by Fogarty, second by Bartholomay to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Ms.Mary Scheide—Farmington Library The library's summer program guides are now available. There are programs for children and teens. The Summer Reading Program begins June 11, 2012. Ms. Scheide spoke on the importance of children reading during the summer. Last summer 1200 children and 87 teens were enrolled in summer reading. Grand prizes for the summer reading program include a Nook Color e-reader and an Ipod Touch. Programs have been scheduled to coincide with Dew Days events. The Library will also be offering Story Time in the Park this summer. b) Ms.Joy Lauterbach—Trinity Campus Ms. Lauterbach stated a new memory care facility will be opening on the Trinity Campus in June 2012. There will be 10 beds in the facility. At this time the facility is full and there are 15 people on the waiting list. Plans have been made to construct a second 10-bed facility. The campus also includes a Care Center and Assisted and Independent living. Ms. Lauterbach spoke on the services provided at the memory care facility, staffing and amenities. The rate is $5900/month. Volunteers are also needed for this facility. 4 Council Minutes(Regular) May 21,2012 Page 2 c) Heritage Preservation Award -Planning May is Historic Preservation Month. Each year the Heritage Preservation Commission gives a certificate to an individual or group that has made a contribution to preserving history in our community. Mr. John Franceschelli, Chair of the HPC, stated this year's certificate will go to the Episcopal Church of the Advent,412 Oak Street. The church was constructed in 1872. Mr.Jim Bell accepted the certificate on behalf of the church. Mr. Bell noted his wife's family were the first members of the church. He thanked the Council and HPC on behalf of the church. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fogarty, second by Bartholomay to approve the Consent Agenda as follows: a) Approved Council Minutes(5/7/12 Regular) (5/14/12 Workshop) b) Adopted RESOLUTION 1122-12 Approving Gambling Event Permit Farmington Sno-Tigers-Administration c) Adopted RESOLUTION 1223-12 Approving Gambling Event Permit Farmington Youth Hockey-Administration d) Approved Appointments to Boards and Commissions-Administration e) Adopted ORDINANCE 012-643 Amending the City Code Relating to Rodent, Pest Control and Dutch Elm Disease Control-Planning f) Adopted ORDINANCE 012-644 Approving Text Amendments to Rambling River Center Advisory Board Ordinance—Parks and Recreation g) Approved Bills h) Approved Temporary On-Sale Liquor License Farmington Liquors- Administration APIF,MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Veterans Memorial Committee Update Members of the committee presented their plans to Council for a Veterans Memorial on November 7, 2011. At that time they also requested use of Rambling River Park as a site for the memorial. Mr. Leon Orr and Mr.Dave Metzger were in attendance at this meeting to update the plans and discuss financing. The memorial site has been moved more to the east and south for drainage purposes and to avoid underground utilities. The central part of the memorial will contain a granite folded flag on top of a wall containing names of Farmington veterans killed in various wars. In front of that will be a life-size bronze statute of a soldier saluting the memorial. This will be surrounded by 135 pavers with names of other Farmington area veterans. On the west end there will 5 Council Minutes(Regular) May 21,2012 Page 3 be a granite slab with a military poem. On the east end will be the entrance with a granite tablet containing the name of the memorial. The committee has added an outdoor display board containing historic news articles on each of the veterans killed who are listed on the granite memorial. They have sold 120 pavers at$350 each, of which$200 goes towards the construction cost. They have raised a total of$47,250,which will cover phase 1 of the project and$20,000 towards phase 2. Phase 2 will contain the granite flag and the bronze soldier. Many companies have volunteered their work for concrete, and electricity, and Valmont Industries donated the street lights and the flag poles. There are more opportunities to purchase pavers that will go around the outside of the memorial. To complete phase 2, $71,300 is needed. The committee requested a$10,000 donation from the City of Farmington. Mayor Larson stated Council's concern was that the project not run out of money half way through. The fact that phase 1 will be completed eases those concerns. Parks and Recreation Director Distad stated as far as insurance, it needs to be in place for the volunteers. The committee expects to break ground in June. Mayor Larson was willing to vote yes for a$10,000 donation from the City and have staff determine what is needed for insurance. We could look into going through CEEF for the insurance. Mr. Orr felt CEEF was a viable option if the time to get the insurance with them doesn't hold up the project. They want to start construction in late June so they are done by fall. Mayor Larson is on the CEEF board and will get a meeting together soon to get this done. Staff stated the insurance through CEEF would be less than$1,000,but if the committee went out on their own for an insurance policy it would cost$3,000-$5,000. Councilmember Bartholomay stated he would agree to a$10,000 donation plus $1,000 for insurance. Mayor Larson stated then Council would agree to$10,000 plus not to exceed$1,000 for insurance. The veterans committee has the City's support. Councilmember Fogarty agreed with the City's support. City Administrator McKnight noted Councilmember Donnelly was also in support of the donation. The agreement will be brought to the June 4, 2012, Council meeting if possible. b) April 2012 Financial Report Revenues without taxes are 24.4%of the budget and expenditures are 29.7%. Some of the expenditures within the departments are higher than anticipated because of a new payroll entry system. There is a payroll in the middle of the month, so with the new system the days after mid-month are also part of that month, even though paychecks would go out the first week of the next month. Councilmember Fogarty was very pleased with receiving this report each month. Councilmember Bartholomay assumed in the budget workshops,we will be going over the Rambling River Center in more detail with expenditures exceeding revenues month after month. He realized the two will never match up,but maybe we need to think about some different strategies. Finance Director Walters stated 6 Council Minutes(Regular) May 21,2012 Page 4 expenditures exceeding revenues is not out of line with what we have budgeted. Mayor Larson noted the report states that since the Rambling River Center is part of the general fund, it is not expected to cover its costs. That statement tells him it is a free for all. He wants to make sure we are watching it and not spending anymore than we have to. Finance Director Walters noted they still need to stay within budget. That statement means there are certain programs within our budget that are covered by taxpayer dollars and that happens to be one of them. Councilmember Bartholomay stated as far as the liquor stores,he recalled we were going to change the transfer amount from$70,000 to $46,000. City Administrator McKnight stated the change will be made for 2013. Councilmember Bartholomay stated as we are considering moving the downtown store,it would be in our best interest to decrease the amount of inventory. Staff noted that is a challenge because summer is our best time and we don't want to be out of product. Mayor Larson stated with the ice arena, expenses exceeded revenues by$15,000 at the end of March. He asked if we should close the arena earlier. The last event is the ice show and if that is the case can we move that event up a couple weeks. Parks and Recreation Director Distad stated youth hockey stills rents some ice in March. Staff does work off season at the arena on a lot of maintenance,to prepare for the next season. There is a cost to taking ice out,which takes at least a week. Councilmember Fogarty felt no matter when we close the arena,there will be a negative amount for that month because of the time it takes to close it. Councilmember Bartholomay noted under patrol services we were at$150 and it jumped to $238. He asked if that had to do with campaigns. Finance Director Walters stated that has to do with the payroll issue. City Administrator McKnight added and also overtime. c) Accept Quotes Lake Julia Parking Lot Construction -Engineering Staff has received quotes for a parking lot at Lake Julia. The low quote was for $31,618 from Bituminous Roadways. MOTION by Bartholomay, second by Fogarty to approve the agreement with Bituminous Roadways, Inc for the construction of a new parking lot in Lake Julia Park. APIF,MOTION CARRIED. d) Approve Agreement Dakota County Soil and Water Conservation District Drainage Improvements Lake Julia Parking Lot-Engineering This item pertains the Lake Julia parking lot. When constructing impervious surfaces,the City does everything possible to pre-treat runoff before it gets into the storm sewer system. The parking lot will be tipped so it drains closest to 187th Street. A drainage swale will be constructed along the trail and at the bottom there will be a bio infiltration swale built to treat the water from the parking lot and any future construction. This project will be done with the Soil and Water Conservation District where they will pay 65%of the cost of the improvements. 7 Council Minutes(Regular) May 21,2012 Page 5 The City's 35%will be in the form of labor and equipment. Total estimated cost for the drainage improvements is$17,000. The SWCD has committed$11,000. That should cover all the out of pocket costs on top of labor. MOTION by Fogarty, second by Bartholomay to approve the agreement with the Dakota County SWCD for the construction of drainage improvements in Lake Julia Park. APIF,MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Fogarty: Thanked Annette Kuyper for hosting an amazing mother/grandmother luncheon. She thanked Mrs. Laube for inviting her and Mayor Larson to speak at her government class. Reminded residents Dew Days is coming up. Councilmember Bartholomay: Thanked Sergeant Murphy for the ride along. Anytime Fitness has good deals especially for college students. There will be a Grow Farmington meeting on May 23,2012, from 5:00—6:15 at City Hall. This is open to any resident or business owner. Mayor Larson: He noted along the trail in Rambling River Park,the river is getting close to the path in several areas. He suggested checking on available money to stabilize the bank. He thanked Dr. Dungy for the ribbon cutting and open house. He encouraged residents to shop local. 14. ADJOURN MOTION by Fogarty, second by Bartholomay to adjourn at 8:16 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 8 City Council Workshop Minutes May 29,2012 Mayor Larson called the workshop to order at 7:11 p.m. Present: Larson,Donnelly,May Absent: Bartholomay,Fogarty Also Present: David McKnight, City Administrator;Randy Distad,Parks and Recreation Director; Cynthia Muller, Executive Assistant Audience: Tom Wartmann,Bruce Rydeen, Doug Bonar MOTION by Donnelly, second by May to approve the agenda. APIF,MOTION CARRIED. The purpose of this workshop was to discuss locations for a downtown liquor store. City Administrator McKnight stated Council has been looking at the future of the downtown liquor store for the past year. At the last meeting Council was looking at options for a new location for the downtown store. Mr. Tom Wartmann,Farmington City Center,wanted to clear the air on his stand with the existing lease. He wants to work with the City to maintain the location of the liquor store in City Center. Discussions started last September and evolved to a month-to-month lease,to reducing the rent to $16/sq. ft., same as the Pilot Knob location. He recognized the rent in this market needs to be adjusted,but was hoping for a longer term solution with the liquor store staying in City Center. Ten years ago he cleaned up the Brownfield area and seven years ago negotiated the lease for the liquor store. The real estate market has changed, and Mr. Wartmann felt we still have a strong downtown core retail area with the grocery store. We have an environment with a grocery store and a municipal liquor store being in the same parking lot. He has plans to backfill the space formerly occupied by the hardware store which has received quite a bit of interest and a new Verizon store will open in City Center the end of June. The issue is how we can facilitate the extension of the lease with a renewal rate that is workable. He recognized the proposal on the table from Tamarack and the terms of the different options. From a development standpoint, he wanted Council to consider the trade-offs in costs it will take to remodel or rebuild,versus the rent. With traffic and the destination City Center has with the grocery store,there is more future growth to that area than on hwy 3. He wanted to emphasize the pro's to City Center with the full service grocery store,accessibility,no loss of business because of down time, set up, inventory moves, and the expense. He wanted to continue to negotiate for a fair rent based on an extension of the lease versus a month-to-month or a year extension. Mayor Larson asked if Mr. Wartmann could provide any more details on filling the former hardware store space. Mr. Wartmann could only say he has a goal of having it filled in the next 90 days. Mayor Larson noted Mr. Wartmann has seen the offer from Tamarack and asked how close to that he can come. Mr.Wartmann stated you have to consider the basis of improvement costs to remodel and you would not have those costs with City Center. He recognized he will have to be competitive. He thought he was being competitive last fall with the $16/sq. ft. rate. There are more choices in downtown Farmington than on Pilot Knob, so he realized he needs to be more competitive. The goal is to have the grocery store along with accessibility to the wine and spirits. He will do the best he can to see this come to fruition knowing the City is trying to be more profitable. Part of it is the mix 9 Council Workshop Minutes May 29,2012 Page 2 of tenants and the synergy that exists. Mayor Larson stated the Council has to make the best decision for the City and under the current lease,that is not the best option. Mr.Bruce Rydeen, Cerron Commercial Properties,was in attendance to listen and hear about the next steps. The City engaged them a year ago to do a study and look at options focused on purchase. An option was brought forward and it evolved to the owner being receptive. One concern was whether the City wanted to be a landlord to the Laundromat. Therefore, an option was to condo the building and the current owner would still own the Laundromat space and the City would own the liquor store space. Councilmember Donnelly noted the list from staff does not include the current City Center location. Mayor Larson stated it is not an exclusive list. Councilmember Donnelly recalled the costs discussed before were not acceptable and thought we had already reached the lowest number at the location,which was not acceptable. City Administrator McKnight stated the City was looking for$16/sq. ft.and received an offer for$20/sq.ft.;a$1/sq.ft.reduction. Now Mr. Wartmann is saying he is open to further negotiations. Mayor Larson suggested reducing the list to three locations. Councilmember Donnelly suggested throwing out No. 1 former Rambling River Center building and No. 6 current Rambling River Center building because of remodeling the buildings. Mayor Larson agreed that neither of these locations provide the traffic counts needed. Councilmember Donnelly noted No. 1 does not provide any parking. It will take a lot of money to make it a business and if you spend that kind of money you want it to be a fmal solution. The same situation is true with No. 6. Mayor Larson stated Councilmember Fogarty's number one site was No.4 the site near hwy 3 and Elm Street or No. 2 the former Laundromat building. She was willing to look at Tamarack for a three to five year lease. City Administrator McKnight stated Councilmember Bartholomay preferred No. 5 Tamarack and at the same time purchase a property in Vermillion River Crossing for a potential liquor store. Councilmember Donnelly would be willing to add City Center to the list. He asked staff to explain the pro's and con's for the various sites because some he does not agree with. Councilmember May felt they are opinions. Mayor Larson believed No. 3 the south hwy 3 site should be removed from the list. Councilmember May felt they are not helping the cause. We are not paying attention to the study. We spent the last year trying to figure out why we are not making money. She was mad the Laundromat site is back on the list. The community does not want it. Mayor Larson asked to have to put back on the list. Three people in the community did not want it. Councilmember May stated we need to focus on the study. We are making very little money, it is poorly managed,we have a lot of issues before we start owning a building. She was absolutely in favor of No. 1,using property we already own or leasing. Just because a study says we can make money,we have not shown that we actually can do it. Mayor Larson stated we make money in the Pilot Knob store. Councilmember May stated our margins are pitiful. So we have not yet proven we can do it. There is no way she will vote for any type of ownership,buying any land and building anything. She is interested in the cheapest lease option we have. She is not totally against the current site, but Tamarack is downtown Farmington. She considers hwy 3 and this area downtown. It is an opinion when it says temporary solution. Tamarack has a very attractive option on the table that we should seriously consider. We should not be looking at building buildings. We have not proven to the residents that we should even be in the business. We need 10 Council Workshop Minutes May 29,2012 Page 3 to choose the most attractive option to proceed and run our business profitably. Councilmember Donnelly agreed the near term solution should be flexible enough that if we decide we cannot do it,we are done. Councilmember May agreed, if this works out,then the next Council can talk about building a building. We are not where Lakeville was at when they went from leasing to owning buildings. At this point, it is either working something out at City Center,or going to Tamarack. We should focus on making money. Councilmember Donnelly agreed we should not be distracted with building a building or remodeling. We need to focus on operating the business profitably and proving it is a viable business for the community. Councilmember May felt hwy 3 deserves a chance and it has a lot of potential. We are catching some commuters there and we will pull Empire business. People that live around 195th Street could travel easier down hwy 3 than Pilot Knob. Mayor Larson summarized Council wants to look at lease options with City Center and Tamarack. He would support that and having staff negotiate between these two lease areas. Ultimately owning our own building is the way to go,but we have to prove we can make money first. Councilmember May would like the timing of the leases for Pilot Knob and downtown to tie together. Parks and Recreation Director Distad stated it is best to stagger the leases between the two stores. We already had an issue with trying to negotiate a lease for Pilot Knob and then negotiate a lease for the other store,not knowing where we would go. It is worth considering doing a different lease term than Pilot Knob. We are three or four months into our new lease at Pilot Knob. He suggested a seven year lease at Tamarack because it offers the best lease rate plus the best money in terms of finishing the space. Then the leases would be due at different times. Lease agreements always have an option to get out of it. Mayor Larson asked if the traffic count past Tamarack is 1305 less 620 for commercial vehicles. Staff noted the counts on hwy 3 are from 2007 and the county highways are from 2011. Councilmember May noted turning into Tamarack has the same issue as getting into City Center. She was in favor of the old Rambling River Center because it has to be cleaned up anyway. She realized it may not be a long term solution, but maybe it becomes a satellite store. Mr.Doug Bonar agreed with Council's approach to manage the operation professionally, measure the space according to the demographics, and benchmark the progress in a three year cycle. He respected staffs opinion that a seven-year lease may be more beneficial,he thinks it is important to have a tremendous amount of flexibility beyond three years if future Council's decide to remove themselves from the business or become property owners and liquidate their leases in light of owning their own property. Councilmember Donnelly stated we have to show significant progress in much less than three years. Mr.Bonar agreed there needs to be continued progress of improved revenues. Council should keep their options open for future purchase. Parks and Recreation Director Distad suggested downsizing the space to 3500 sq.ft. downtown. We are in way too big a space downtown. We can get two bays at Tamarack for 1500 sq.ft. less which saves$1300 - $1400/year on the lease. We would not have as much inventory and would have to stay on top of ordering. Mayor Larson stated Council will rely on staff to bring back the best options. Councilmember May stated we have to keep this moving in a positive direction and show we are taking it seriously and want to turn it around. City Administrator McKnight will add this to the June 11,2012,budget workshop. Mayor Larson asked for an update on operations changes also at that time. 11 Council Workshop Minutes May 29,2012 Page 4 City Administrator Update He noted the Vermillion River Crossing update was pushed back to the June EDA meeting. There was a discussion on putting in the sidewalk between the CDA housing and McDonald's and Council wanted to wait for the update. If we continue to wait,we are pushing the sidewalk back another month. He asked if Council still wanted to wait on the sidewalk for the VRC update. There is$200,000 sitting out there for amenities and do we want it to end the development contract. If we take the money,the contract is done. You will not get more than $200,000 for improvements, no matter what the update is. He asked if Council wants to wait another month and wait for the update, or bring the sidewalk approval forward to get it going because residents will be moving in. Councilmembers wanted to wait for the VRC update before approving the sidewalk. MOTION by May, second by Donnelly to adjourn at 7:50 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 12 ti ARite� City of Farmington 430 Third Street !: '„ .4# Farmington,Minnesota 651_4633111 .Fax 651.4612591 www.ci.farrning,tinnm.us TO: Mayor,Councilmembers and City Administrator FROM: Danielle Cahlander,Communications Specialist SUBJECT: Approve Agreement with Cannon Valley Printing to Sub-contract Mailing Services for the City News and Recreation Guide DATE: June 4,2012 INTRODUCTION The City Council approved terminating the agreement with Midwest Mailing Systems,Inc.and entering into a two year agreement with Cannon Valley Printing to provide sub-contract mailing services for the City News and Recreation Guide at its May 7,2012 meeting. DISCUSSION The City of Farmington terminated its agreement with Midwest Mailing Systems,Inc.upon written notice on May 7, 2012.The City mailed the final payment for services on April 20,2012. BUDGET IMPACT The cost of utilizing Cannon Valley Printing to sub-contract mailing services is $1,228.00 in 2012,and $2,456.00 in 2013. ACTION REQUESTED Approve the attached two year agreement with Cannon Valley Printing to provide sub-contract mailing services to fulfill the current 2-year agreement which ends following the 2013 fall issue of the City News and Recreation Guide. Respectfully submitted, Danielle Cahlander Communications Specialist 13 AGREEMENT THIS AGREEMENT made this 1 G' day of May,2012,by and between the CITY OF FARMINGTON,a Minnesota municipal corporation("City") and HUCKLE MEDIA, LLC,a Delaware limited liability company d/b/a CANNON VALLEY PRINTING, ("Contractor"). City and Contractor,in consideration of the mutual covenants set forth herein, agree as follows: 1. SCOPE OF SERVICES. The City retains Contractor to perform the mailing services for mailing a quarterly City News & Recreation Guide publication based on the City's current mailing list of 11,300 addresses,with new addresses to be added to the list by the City on an on-going basis during the term of this Contract. Contractor agrees to perform the services. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the"Contract Documents",all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Request for Proposal for Mailing Services for the City News/Parks&Recreation Brochure, September 2011. C. Contractor's Proposal. In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" has the first priority and Contract Document"C"having the last priority. 3. COMPENSATION. A. The City will pay Contractor$1,228.00 in 2012, and $2456.00 in 2013, for mailing services in accordance with the prices set forth in the Contractor's Proposal. Payment to the Contractor shall not exceed$1,228.00 in 2012,and$2456.00 in 2013,without specific authorization by the City. Contractor will not be reimbursed for any expenses Contractor may incur. Contractor shall be paid upon completion of the services and receipt of the deliverables by the City. B. Contractor shall send a check request to the City for Hamilton H. Judson — Farmington Post Office one week prior to mailing for postage. 4. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. 5. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 1 6. STANDARD OF CARE. Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor's services. 7. INDEMNIFICATION. Contractor shall indemnify and hold harmless the City,its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 8. INSURANCE. Contractor shall secure and maintain such insurance as will protect Contractor from claims under the Worker's Compensation Acts, automobile liability, and from claim for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than $1,000,000 each occurrence/aggregate. The City shall be named as an additional insured on the general liability policy.Before commencing work the Contractor shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. 9. INDEPENDENT CONTRACTOR. The City hereby retains Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement • for Contractor's own FICA payments, workers compensation payments, unemployment• compensation-payments„ thhol n$-amounts,-and/or-selh em s ' A. - ' •. i . .• i i.- s amounts,or taxes are required to be paid by law or regulation. 10. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay subcontractor for all undisputed services provided by subcontractor within ten days of Contractor's receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. 11. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County 12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it 2 • applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act,including but not limited to the civil remedies of Minnesota Statutes Section 13.08,as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 13. RECORDS. Contractor shall maintain complete and accurate records of expenses involved in the performance of services. 14. ASSIGNMENT. Neither party shall assign this Agreement,nor any interest arising herein,without the written consent of the other party. 15. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect,in any respect,the validity of the remainder of this Agreement. 16. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 17. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall_be-obligated_to-the--Contractor for-payment-of amounts due and owing-including payment for services performed or furnished to the date and time of termination. CITY: CONTRACTOR: CITY OF FARMINGTON HUCKLLE :I. CIA,L ,d/b/a CANNON,,, L ' I ING BY: - _- BY: ./fZA Todd Larson,Mayor I '� /C�o '�•s AND / , U AND S l 1 v D avid McKnig';t, Ci Administrator Its /- rE PECU�a6 , /• G--Ei ., 3 ,„0.11044, City of Farmington • 430 Third Street I b '.,. Farmington,Minnesota ` , k4 651.280.6800•Fax 65I.280.6S99 w vvw.ci.tarminguR1 mn.u.K TO: Mayor and Councilmembers City Administrator FROM: Brian Lindquist Police Chief SUBJECT: Approve Joint Powers Agreement Dakota County Outdoor Warning Siren Activation System DATE: June 4,2012 INTRODUCTION/DISCUSSION On February 7, 2011, the Council approved resolution R13-11 approving the narrow banding of all outdoor warning sirens owned and maintained by the City. The work on that project has been completed and a fmal Joint Powers Agreement has been submitted by Dakota County for approval. BUDGET IMPACT In 2011 the County and City estimated the re-banding of seven sirens at$14,500.00 to be equally shared between both entities. The fmal project cost was $14,052 and a bill for $7,026 has been submitted to Dakota County for reimbursement. ACTION REOUESTED Approve the attached Joint Powers Agreement between the City of Farmington and Dakota County authorizing the re-banding of all warning sirens within the City. Respectfully submitted, Brian Lindquist Chief of Police 17 • JOINT POWERS AGREEMENT WITH DAKOTA COUNTY AND THE CITY OF Farmington TO NARROW BAND OUTDOOR WARNING SIRENS This Joint Powers Agreement(the Agreement)is entered into on Lken e y a0/A (Date), by and between the County of Dakota, a political subdivision of the State of Minnesota,Dakota County Administration Center, 1590 Highway 55,Hastings,Minnesota, 55033,hereinafter referred to as County,and the City of Farmington , a Minnesota municipal corporation, city address 430 Third StreetFarmington, MN 55024 hereinafter referred to as the City. RECITALS WHEREAS,in October 2010,the Minnesota Department of Public Safety (MDPS) received a grant of monies from the United States Department of Homeland Security(2010 Homeland Security Grant Program)for improvements to homeland security preparedness under the Urban Area Security Initiative Grant Program;and WHEREAS,the MDPS has entered into a grant agreement with County (County Board Resolution No. 10-616)on or about December 30,2010 to allow County to claim reimbursement for expenditures incurred by cities in Dakota County for the evaluation of sirens,client/server Windows based siren control software systems and related VHF/UHF radio system interfaces and to replace and upgrade existing hardware based warning points and to upgrade the activation and end point VHF/UHF mobile radios in the siren controller boxes to accommodate the FCC mandated narrow banding(hereinafter referred to as"narrow band the City's outdoor warning siren(s)"); and WHEREAS, it is a requirement of the Urban Area Security Initiative Grant that the granted monies be used to supplement,not supplant or replace,funds appropriated from the State of Minnesota or the City; and WHEREAS,the MDPS Grant Agreement(hereinafter Grant) attached hereto and incorporated herein by reference as Exhibit A, has imposed on the County certain requirements and obligations to insure that Grant funds are expended by County for authorized activities and that appropriate records and certifications are prepared and maintained; and WHEREAS,the County has identified the need for narrow banding outdoor warning sirens to continue the notification of the public of emergency situations and to comply with the requirements of the Federal Communications Commission (FCC)narrow band mandate before December 31,2012; and WHEREAS, County has obtained a professional services master contract through a Request for Proposal competitive process that is available to City for professional services and equipment necessary to narrow band the City's outdoor warning siren(s)(Master Contract); and DAKOTA COUNTY/CITY JPA 1 NARROW BAND WARNING SIRENS September 15,2011 lajititle" WHEREAS,the City,by Resolution No. R13-11 stated its intent to access the Master Contract obtained by County for the necessary services and equipment to narrow band some or all of City's outdoor warning siren(s) and to obtain reimbursement of a portion of the associated costs from said Grant funds;and WHEREAS,the County and City wish to set forth their respective roles and responsibilities and the terms and conditions of their understanding. NOW,THEREFORE, in consideration of the mutual promises and covenants herein, County and City do hereby agree as follows: I. General Purpose. The purpose of this agreement is to enable County to disburse Grant funds for reimbursement to City of a portion of the costs City incurs to narrow band its outdoor warning siren(s),utilizing the Master Contract vendor obtained by County. The Parties to this Agreement are bound by and shall comply with the terms and provision of the Grant, attached hereto and incorporated herein as Exhibit A. II. Responsibilities of the County. 1. The County shall make available to City a Master Contract for use by City to narrow band some or all of its outdoor warning siren(s) 2. The County shall reimburse the City for 50 %of the eligible portion of City's costs of narrow banding the City's outdoor warning siren(s),as provided for in the Grant,Exhibit A, upon submission of invoices approved by the County's Representative, in an amount not to exceed$ 7,075.00 . To the extent Grant money is available this maximum amount may increase, at the sole discretion of County,in order to account for project cost increases to City. III. Responsibilities of the City. 1. City shall narrow band some or all of its outdoor warning siren(s)utilizing the Master Contract. City is solely responsible to pay all costs and expenses for the services and equipment provided by the vendor under the Master Contract and to work with said vendor for the design,installation, and management of the work to narrow band its outdoor warning siren(s). 2. The City shall submit invoices for reimbursement of the costs to narrow band its outdoor warning siren(s)to County in a timely manner. All requests for reimbursement must be submitted to the County by December 31,2012. City must certify that the payments or reimbursements are accurate,appropriate and directly related to the narrow banding of the City's outdoor warning siren(s); that City has obtained documentation of actual expenditures for which payment or reimbursement is sought including copies of its itemized invoices and payment verification. 3. City shall continue to own its outdoor warning siren(s) and the equipment installed under the Master Contract and is responsible for all ongoing maintenance of such equipment. 4. The City shall comply with the terms and provision of the Agreement. With respect to this Agreement, City represents and warrants to County as follows: DAKOTA COUNTY/CITY WA 2 NARROW BAND WARNING SIRENS September 15,2011 a. It has the legal authority to enter into,execute and deliver this Agreement,and it has taken or will take,prior to disbursement of any Grant proceeds, all actions necessary to the execution and delivery of this Agreement and has the legal authority to purchase the equipment necessary to narrow band some or all of its outdoor warning siren(s). b. This Agreement is a legal,valid and binding obligation of the City and is enforceable against the City according to its terms. c. It will comply with all of the terms, conditions, and warranties in the Grant Agreement in Exhibit A. d. It will use the Grant proceeds solely for expenditures directly related to the purchase and installation of the equipment authorized for reimbursement by the Grant. e. It will be responsible for the ongoing maintenance and operational costs for outdoor warning sirens narrow banded under this Agreement for the life of the equipment as determined by the City. IV. Term of Agreement. 1. Effective date. The term of this Agreement shall commence on the last signature date ("Effective Date")this Agreement was executed by either party. 2. Expiration Date. This Agreement shall expire and be of no further force or effect on the date all of the following have been accomplished: • City has narrow banded the sirens in their city consistent with the Master Agreement; • City has submitted all invoices or statements to County for which it seeks reimbursement under this Agreement; • County has reimbursed City for all invoices and costs as provided for in this Agreement. 3. Survival of Terms. The following Sections of this Agreement shall survive the expiration or cancellation of this Agreement. Sections V 3-8,V 10-11 V. Miscellaneous 1. Authorized Representative. The County's Authorized Representative is: B.J. Battig, Risk and Homeland Security Manager Dakota County, 1590 Highway 55 Hastings, MN 55033 Phone: 651-438-4532 DAKOTA COUNTY/CITY WA 3 NARROW BAND WARNING SIRENS September 15,2011 B.J. Battig, or his successor,has the responsibility to monitor City's performance and the authority to approve the invoices submitted for reimbursement under this Agreement for payment by County. If the County's Authorized Representative approves an expenditure the Representative will certify acceptance on each invoice submitted for payment. If the County's Authorized Representative changes at any time during this Agreement,the County must immediately notify the City in writing. City's Authorized Representative is: Police Chief Brian A. Lindquist 19500 Municipal Drive Farmington, MN 55024 Phone: 651-280-6700 If City's Authorized Representative changes at any time during this Agreement,City must immediately notify the County in writing. 2. Assignment,Amendments,Waiver,and Grant Contract Complete. a) Assignment. City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the County and a fully executed Assignment Agreement,executed and approved by the same parties who executed and approved this Agreement, or their successors in office. b) Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the parties who executed and approved the original Agreement,or their successors in office. c) Waiver. If the County fails to enforce any provision of this Agreement,that failure does not result in a waiver of the right to enforce the same or another provision of the Agreement in the future. d) Agreement Complete. This Agreement and exhibits contain all negotiations and agreements between the County and City. No other understanding regarding this Agreement,whether written or oral, may be used to bind either party. 3. Liability and Insurance Each party to this Agreement shall be liable for the acts of their own agents, volunteers or employees and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its agents,volunteers or employees. It is understood and agreed that liability and damages arising from the parties' acts and omissions are governed by the provisions of the municipal Tort Claims Act,Minn. Stat. Ch.466,the Minnesota Tort Claims Act, Minn. Stat. §3.736, as applicable, and other applicable laws. Each Party warrants that they are able to comply with the aforementioned liability and insurance requirements through an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466 or Minn. Stat. §3.736,as applicable. DAKOTA COUNTY/CITY JPA 4 NARROW BAND WARNING SIRENS September 15,2011 Ril\kre This agreement shall not be construed as and does not constitute a waiver by any Party of any conditions, exclusions or limitations on the Party's liability provided by Minnesota Statutes, Chapter 466, Minnesota Statutes § 3.736 or other applicable law. This clause will not be construed to bar any legal remedies that each party may have for the other's failure to fulfill its obligations under this Agreement. 4. Audits. Under Minn. Stat. § 16C.05,subd. 5, County's and City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor,as appropriate, for a minimum of six years from the end of this Sub-Grant Agreement. County and City shall maintain such books and records as will satisfactorily demonstrate to Federal, State,and County's Auditors that the County or City has not used the Grant monies to supplant or substitute for local funds. If upon such audit the auditing agency determines that Grant funds have been used by City to supplant,rather than supplement, local funds, and levies any penalties or fines, or requires refund of any Grant monies, City agrees that it shall be responsible for such penalties,fines, or refundment, and shall hold the County harmless therefrom. 5. Government Data Practices. City and County must comply with the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13, as it applies to all data created,collected,received, stored,used,maintained, or disseminated by either party under this Agreement. 6. Workers' Compensation. City certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2,pertaining to workers' compensation insurance coverage. City's employees and agents will not be considered County employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the County's obligation or responsibility. 7. Publicity and Endorsement(Exhibit A). a) Publicity. Any publicity regarding the subject matter of this Agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices,informational pamphlets,press releases, research, reports, signs,and similar public notices prepared by or for the City individually or jointly with others, or any subcontractors,with respect to the program publications or services provided resulting from this Agreement. b) Endorsement. City must not claim that either the State or the County endorses its products or services. DAKOTA couNTY/CITY.IPA 5 NARROW RAND WARNING SIRENS September 15.2011 )b1C- 8. Governing Law,Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions,governs this Agreement. Venue for all legal proceedings out of this Agreement, or its breach,must be in the appropriate state or federal court with competent jurisdiction in Dakota County,Minnesota. 9. Termination a. This Agreement may be terminated by City, without cause, upon 30 days written notice to County. In the event of termination of this Agreement by City without cause, City shall be responsible for payment of all outstanding, incurred costs relative to the City's interest in the outdoor warning siren(s)that are the subject of the Master Contract, including any costs that are owed to the vendor under the Master Contract terms and provisions. In the event of termination of this Agreement by City without cause, County shall not have any obligation to pay costs owed to the vendor under the Master Contract. b. Termination for Insufficient Funding. The City or County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Department of Public Safety,or other funding source;or if funding cannot be continued at a level sufficient to allow for the payment of the cost of equipment identified in Exhibit A. Termination must be by written or fax notice to the other party. The terminating party is not obligated to pay for any costs incurred after notice and effective date of termination. However,the non-terminating party will be entitled to payment, determined on a pro rata basis,for costs incurred up to the date of termination to the extent that funds are available. The terminating party will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Department of Public Safety, or other funding source,not to appropriate funds. The terminating party must provide the non-terminating party notice of the lack of funding within a reasonable time of the terminating party receiving that notice. c. Ownership. At the end of the term of this Agreement or upon its termination,the City will continue to own its outdoor warning siren and equipment that they presently own or install pursuant to this Agreement 10. Data Disclosure. Under Minn. Stat. § 270C.65, and other applicable law,City consents to disclosure of its federal employer tax identification number,and/or Minnesota tax identification number,already provided to the State,to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring City to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. DAKOTA COUNTY/CITY WA 6 NARROW BAND WARNING SIRENS September 15,2011 9Lstke,, I 1. Operating and Maintaining the Sirens. During the useful life as determined by the City of its outdoor warning siren(s)the City will pay for all operational costs including performing routine and regular maintenance of its siren(s). City will provide insurance or self-insurance covering the sirens. This provision shall survive the termination of this Agreement. DAKOTA COUNTY CITY OF Farmington By: By W. Taud Hoopingarner Its: !ayor Operations Management Director Dated: G 4-42 Dated: By: c'� e/ J Its: City Administrator Dated: 6 dol a Approved as to Form: Approved as to Form: By Cletjr By • 41411, V Assistant Dakota County Attorney jor ri �,. Dated: VCSl 1 ! Dated: ' ,2 Approved by Dakota County Board Resolution No. K11-156 Siren Narrow Banding City JPA FINAL 9/15/2011 DAKOTA COUNTY/CITY.IPA 7 NARROW E3ANt)WARNING SIRENS September 15,2011 Y 11. Operating and Maintaining the Sirens. During the useful life as determined by the City of its outdoor warning siren(s)the City will pay for all operational costs including performing routine and regular maintenance of its siren(s). City will provide insurance or self-insurance covering the sirens. This provision shall survive the termination of this Agreement. DAKOTA COUNTY CITY OF Farmington By: By: W. Taud Hoop in er Its: ayor Operations Management Director Dated: a/S4a Dated: 4 --L i-- 7-L-Y 2— By: Its: City Admiriis or Dated: 6-ff--,9e)/ Approved as to Form: Approved as to Form: By: Ctetur By: 1. Assistant Dakota County Attorney Dated: 't/lsl Z.P11 Dated: (0.1.-r,9.- Approved by Dakota County Board Resolution No. K11-156 Siren Narrow Banding City JPA FINAL 9/15/2011 DAKOTA COUNTY/CITY.IPA 7 NARROW BAN[)WARNING SIRENS September 15,2011 EXHIBIT A MDPS GRANT AGREEMENT DAKOTA COUNTY/CITY JPA 8 NARROW BAND WARNING SIRENS September 15,2011 2ci E 4,1 City of Farmington 430 Third Street �p ,�:Y .: Farmington,Minnesota e ��y se- 651.2R0.6R00.Fax 651.250.6599 w wtit.ci.i arrninanl 1tnin.Ltr TO: Mayor, Councilmembers, City Administrator FROM: Kevin Schorzman,P.E., City Engineer SUBJECT: Joint Powers Agreement between Dakota County and the City of Farmington for Maintenance of GIS Database Containing Road Names and Addresses DATE: June 4,2012 INTRODUCTION The County and City wish to maintain a common GIS database of addresses and road names for their mutual benefit for emergency dispatch and other purposes. A Joint Powers Agreement has been prepared by Dakota County and is attached for your review. DISCUSSION The Joint Powers Agreement identifies the roles and responsibilities of County and City staff to work collaboratively to maintain a GIS database containing addresses and road names for mutual benefit. This database will serve a variety of purposes,with primary emphasis on dispatching emergency services. We will also be participating in a Road Naming and Addressing Committee. Sue Miller, Engineering Administrative Assistant,has been the staff member assigning road names and addresses, and will be the representative on this committee. BUDGET IMPACT None ACTION REOUESTED, By motion, approve the attached Joint Powers Agreement with Dakota County for the Maintenance of the GIS Database Containing Road Names and Addresses. Respectfully submitted, Kevin Schorzman,P.E. City Engineer cc: file 26 • JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND CITY OF FARMINGTON FOR MAINTENANCE OF GIS DATABASE CONTAINING ROAD NAMES AND ADDRESSES This Joint Powers Agreement (the Agreement) is entered into on Uc.ree �; 2012, by and between the County of Dakota, a political subdivision of the State of Minnesota, Dakota County Administration Center, 1590 Highway 55, Hastings, Minnesota, 55033, hereinafter referred to as COUNTY, and the City of Farmington, a Minnesota municipal corporation, 430 Third Street, MN, 55024, hereinafter referred to as the CITY, pursuant to the authority contained in Minn. Stat. §471.59. WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Minn. Stat. § 163.02 authorizes the COUNTY to name COUNTY roads located in the COUNTY; and WHEREAS, Minn. Stat. § 412.221 authorizes the CITY to name CITY roads and assign addresses located in the CITY; and WHEREAS, the CITY and COUNTY wish to maintain a common GIS database of addresses and road names for their mutual benefit for emergency dispatch and other purposes and wish to set forth their respective roles and responsibilities and the terms and conditions of their understanding. NOW, THEREFORE, in consideration of the mutual promises and benefits that they will derive from this Agreement, the COUNTY and the CITY do hereby agree as follows: ARTICLE 1 PURPOSE The purpose of this Agreement is to define the terms and conditions pursuant to which the COUNTY and the CITY will establish and maintain a common GIS database containing all addresses and road names within the city and Dakota County. ARTICLE 2 TERM 2.1 Effective Date. The term of this Agreement shall commence on the last signature that this Agreement was executed by either party. 2.2 Expiration Date. This Agreement shall remain in full force and effect until terminated pursuant to Article 10 of this Agreement. ARTICLE 3 COOPERATION The COUNTY and the CITY agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. 1 ARTICLE 4 RESPONSIBILITIES OF THE CITY 4,1 DESIGNATE ROAD NAMING AND ADDRESSING AUTHORITY. The CITY will designate an individual staff with primary responsibility for naming roads and assigning addresses on roads over which the CITY has jurisdiction. This individual will be the primary contact for any questions or issues regarding road names and addresses on city roads. 4.2 ASSIGN NEW ROAD NAMES AND ADDRESS. All requests for new addresses and road names over which the CITY has jurisdiction will be directed to the Road Naming and Addressing Authority in that city. The Road Naming and Addressing Authority will assign road names and addresses that conform to the appropriate road naming and addressing system and identify and engage any other CITY staff to obtain formal approval, if necessary. 4.3 UPDATE ROAD NAME AND ADDRESS DATABASE. The CITY Road Naming and Addressing Authority will update the road name and address database using tools or procedures approved by the COUNTY prior to actually releasing the new road names and addresses to the property owner or developer. 4.4 PARTICIPATE IN ROAD NAMING AND ADDRESSING COMMITTEE. The CITY Road Naming and Addressing Authority will represent CITY on the Road Naming and Addressing Committee. 4.5 NOTIFICATIONS. After updating the county road name and address database, the CITY will be responsible for notifying any CITY departments, the property owner or developer, the U.S. Postal Service, and all other appropriate contacts except those notified by the COUNTY as stated in NOTIFICATIONS in Article 5 of this Agreement, of new road names and addresses. ARTICLE 5 • RESPONSIBILITIES OF THE COUNTY 5.1 DESIGNATE ROAD NAMING AUTHORITY. The COUNTY will designate an individual staff with primary responsibility for naming roads over which the COUNTY has jurisdiction. This individual will be the primary contact for any questions or issues regarding road names on county roads. 5.2 DESIGNATE ROAD NAME AND ADDRESS DATABASE ADMINISTRATOR. The COUNTY will designate an individual with primary responsibility for administering the road name and address database. The database administrator will be responsible for managing all access to the database and related applications. 5.3 ASSIGN NEW ROAD NAMES. All requests for new road names for roads over which the COUNTY has jurisdiction will be directed to the COUNTY Road Naming Authority. The COUNTY Road Naming Authority is responsible for assigning road names that conform to the COUNTY road naming system and identifying and engaging any other COUNTY staff to obtain formal approval, if necessary. 5.4 UPDATE ROAD NAME AND ADDRESS DATABASE. The COUNTY Road Naming Authority will update the road name and address database using COUNTY supplied tools for COUNTY roads. The COUNTY Road Naming Authority will also perform updates for township roads prior to providing new road names and addresses to a township, which subsequently releases the new road names and addresses to the property owner or developer. 5.5 COORDINATE ROAD NAMING AND ADDRESSING COMMITTEE. The COUNTY Road Naming Authority will represent COUNTY on the Road Naming and Addressing Committee and will act as the Chair of the Committee. Committee will meet as needed to discuss issues related to maintaining and distributing the database. 2 28 5.6 DEVELOP, HOST, AND MAINTAIN DATABASE EDITING APPLICATIONS. The COUNTY is responsible for developing and hosting applications providing direct editing capabilities to the county-wide road and address GIS database. 5.7 PERFORM QUALITY ASSURANCE TESTING. The COUNTY will create and perform systematic testing and validation procedures to identify any issues and potential issues related to assigned addresses and road names. These issues will be documented and provided to the appropriate CITY Road Naming and Addressing Authority for resolution. 5.8 DISTRIBUTE ROAD NAME AND ADDRESS DATABASE. The COUNTY will be responsible for distributing road name and address database for use in other organizations and systems, including; LOGIS (Computer Aided Dispatch system), CJIIN (Records Management System), MetroGIS (for further distribution), CITY Information Technology staff (for integration into city applications), and others as needed. Distribution will be accomplished through standardized formats and procedures with an emphasis on automation to make the distribution as streamlined as reasonably possible. 5.9 NOTIFICATIONS. After confirming updates to the county road name and address database, the COUNTY will be responsible for notifying other COUNTY departments and the Dakota Communications Center or its successor of new road names and addresses. ARTICLE 6 THE ROAD NAMING AND ADDRESSING COMMITTEE There is hereby created a Road Naming and Addressing Committee. CITY and COUNTY will participate in the proceedings of this committee through their respective Road Naming and Addressing Authorities who shall sit as members of the committee. The committee will be chaired and organized by the COUNTY to discuss any issues related to assigning road names and addresses and related applications and databases. The Chair will call for a meeting of the committee members upon a request by two or more committee members. ARTICLE 7 LIMITATION OF LIABILITY AND HOLD HARMLESS 7.1 Neither the COUNTY nor CITY is responsible for the independent acts and/or omissions of the other party, or their officers, employees, or agents nor, is either responsible for the independent acts and/or omissions of other cities that enter into the same or similar Agreements with the COUNTY for street naming and address assignment. 7.2 It is the intent of the parties that each party including their respective public safety agencies shall be responsible for any claims or liabilities arising from the negligent,willful,or intentional acts or omissions of their respective public safety personnel without contribution from the other party to this Agreement. 7.3 Each party agrees to indemnify, defend, and hold harmless the other party, its agents, officers, and employees from all claims whatsoever that may arise against the other party(including, their public safety agencies) as a result of the negligent, willful or intentional acts or omissions of the party or their respective public safety personnel; 7.4 Each party shall process and defend, at its own expense and without contribution from the other party, any and all claims of whatsoever kind or nature, with respect to the party's acts or omissions of services or otherwise in response to E911 or emergency or non-emergency requests for services, including any claims that allege information in the county road name and address database is not accurate. 3 29 7.5 It is understood and agreed that the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws govern liability arising from a party's acts or omissions. Each party warrants that they have an insurance or self-insurance program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat. Ch. 466 ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS 8.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing board or council. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Dakota County Lynn Thompson Physical Development Division Director 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE CITY: City of Farmington David McKnight City Administrator 430 Third Street Farmington, MN 55024 In addition, notification to the COUNTY regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, 1560 Highway 55, Hastings, Minnesota 55033. 8.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the COUNTY and the CITY. The COUNTY and the CITY shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: COUNTY Liaison: Randy Knippel Telephone: (952) 891-7080 Randy.knippelC co.dakota.mn.us CITY Liaison: Name: 50e_ A lk Y Telephone: &&I.- '/i( ) Email: 5v,i if�r'qi> Q-i.-1-in'D3tln J ®l (1'V1• S ARTICLE 9 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective governing bodies and signed by the authorized representatives of the COUNTY and the CITY. 4 ARTICLE 10 TERMINATION Either party may terminate this Agreement for cause by giving seven days'written notice or without cause by giving thirty(30)days'written notice of its intent to terminate to the other party. If the termination is for cause,the notice shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party,which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. ARTICLE 11 MINNESOTA LAW TO GOVERN This.Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. ARTICLE 12 MERGER This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. ARTICLE 13 • SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part.of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. ARTICLE 14 DATA PRACTICES AND CONFIDENTIALITY The parties agree to comply with the provisions of the Minnesota Government Data Practices Act and its implementing rules and any other privacy laws that apply to any data collected, created, received kept or shared by either party under this Agreement. ARTICLE 15 DISPOSITION OF PROPERTY When this Agreement is terminated, each party may retain any address and street name data or records that were created, shared or distributed to it pursuant to this Agreement. 5 31 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: COUNTY OF DAKOTA At10411.7 nt ounty Attorney Date By Date of Signature: $ g 1 - CITY OF FARMINGTON By Ott" Date of Signature: /7,-"3"--,?0/2 Dakota County#C0023707 County Board Res. No. 12-150 K-11-412.015 K11-412.015 JPA with City of Farmington(JRS) 6 7C, Ali City of Farmington 430 Third Street 1% ',: ' - Farmington,Minnesota 14.6 '� 651.280.6S00•Fax 651.280.6 s89. 9 er.AR1 t- wwwci.tarrninlgLln].mn.us TO: Mayor, Council and City Administrator FROM: Tim Pietsch, Fire Chief SUBJECT: Appointment Recommendation—New Members DATE: June 4,2012 INTRODUCTION: The 2012 budget provides for a compliment of 50 members. With the addition of these four members we will be at full compliment. DISCUSSION: The four candidates have undergone extensive training,testing and other checks. These are the candidates that meet the New Member Committees recommendations.Joe Lester,Adam Marthaler,Josh McClure and Mike Tretter all meet the requirements to become Probationary Firefighters. ACTION REQUESTED: Approve Fire Chief's request to appoint these members effective June 11,2012. Respectfully submitted, Tim Pietsch Fire Chief 33 /Omit*, City of Farmington 430 Third Strut Farmington,Minnesota 651.280.6400•Fax 651.280.6899 "P.A°IyO WWw.ci.tarmingtlm.nln.LLy TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Acknowledge Resignation—Police Department DATE: June 4,2012 INTRODUCTION The City received notice of Mr. Richard Girard's resignation from his position as a community service officer(CSO). DISCUSSION Mr. Girard has been employed as a CSO since March 20, 2006 and has been a valued member of the City organization. The City appreciates his commitment to the organization and wishes him well in his future endeavors. ACTION REOUESTED, Acknowledge the resignation of Mr. Richard Girard effective June 5, 2012. Respectfully Submitted, Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file 34 j City of Farmington ; 430 Third Street i Farmington,Minnesota 6i51.2S0.CS00•Fax 651.280,6899 www.d.carmingurrinin.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Acknowledge Resignation—Liquor Stores DATE: June 4,2012 INTRODUCTION The City received notice of Ms. Emily Baago's resignation from her position as a part-time liquor clerk. DISCUSSION Ms. Baago has been employed as a part-time liquor clerk since June 7, 2011 and has been a valued member of the City organization. The City appreciates her commitment to the organization and wishes her well in her future endeavors. ACTION REOUESTED Acknowledge the resignation of Ms. Emily Baago effective June 4,2012. Respectfully Submitted, Brenda Wendlandt, SPHR Human Resources Director cc: Personnel file 35 c� FARr City of Farmington 430 Third Street, Farmington,MN 55024 (651) 280-6800 Fax(651) 280-6899 A'`t.'�y www.ci.farmington.mn.us pR TO: Mayor, Councilmembers, and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Appointment Recommendation—Parks&Recreation(Liquor) DATE: June 4,2012 INTRODUCTION The recruitment and selection process for the appointment of a part-time liquor store clerk,to fill a vacancy in the Park&Recreation Department,has been completed. DISCUSSION After a thorough review by the Parks & Recreation Department and the Human Resources Office, a contingent offer of employment has been made to Scott Hansen, subject to ratification by the City Council. Mr. Hansen has customer service and previous liquor store experience and he meets the qualifications for the position. BUDGET IMPACT Mr. Hanson's starting wage will be $10.45 per hour which is the beginning step of the salary range for this position(Salary range: $10.45 - $12.23). Funding for this position is authorized in the 2012 budget. ACTION REOUESTED Approve the appointment of Scott Hansen as a part-time liquor store clerk in the Parks & Recreation Department effective on or about June 5, 2012. Respectfully submitted, Brenda Wendlandt, SPHR Human Resources Director cc: personnel file 36 e �,ti1_ARA1i City of Farmington „v 430 Third Street 1 ',,-^>,' Farmington,Minnesota '' � 651.280. 800•Fax 651.280.6899 40'A www.d.canningtixtnin.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Set Public Hearing EDA Composition DATE: June 4, 2012 INTRODUCTION At the May 29,2012,EDA meeting, staff was directed to bring a recommendation to Council to change the composition of the EDA. DISCUSSION Currently the EDA is comprised of five Councilmembers and two residents holding ex-officio seats. The EDA is recommending changing the composition to two Councilmembers and three residents effective February 1, 2013. The current ex-officio seats would become official and the term for the new seat would be 1/31/13 - 1/31/18. An enabling resolution and ordinance need to be approved at a public hearing to be held on June 18, 2012,to change the composition. Following approval,the resident seat will be advertised at the end of the year with the annual board and commission appointments. The two Councilmembers to serve on the EDA will be selected with the Annual Organizational Matters during the January 7,2013, Council meeting. BUDGET IMPACT The stipend for the three resident seats will be$10/meeting. ACTION REOUESTED Direct staff and the City Attorney to prepare an enabling resolution and ordinance to change the composition of the EDA to two Councilmembers and three residents, changing the ex-officio seats to official seats and schedule a public hearing for the June 18,2012, Council meeting. 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I a, I— V '‘ 1 N 4 l c., I"' 1 1 1t) z 1 U 4014 City of Farmington ziiiii =c.,;: ••�.=}, l arniington,.Minnesota � ��r.A ca°x 651.280.6800•Fax 651.280,6899 44.P 'P ww.Ci.farrnillgL4,n.n11LLLS TO: Mayor, Councilmembers, City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Approve On-Sale Liquor and Sunday Liquor License—Pizza Man DATE: June 4,2012 INTRODUCTION Pursuant to City Ordinance 3-12-6-2,a public hearing must be held to establish an On-Sale Liquor License and an On-Sale Sunday Liquor License. DISCUSSION Mr. Ed Endres has submitted the required license fees and application for an On-Sale Liquor License and On-Sale Sunday Liquor License for Pizza Man, located at 409 31.a Street.The application and required documentation have been reviewed and approved by the Police Department. BUDGET IMPACT The fees collected are included in the revenue estimates of the 2012 budget. ACTION REOUESTED Approve an On-Sale Liquor License and an On-Sale Sunday Liquor License for Pizza Man at 409 3rd Street. Respectfully submitted, Cynthia Muller Executive Assistant 58 6 City n©TFhaa trint ' Farmington,Minnesota 651.280.6400•Fax 651.280.6899 "40'A www.d.harrningtourn.is TO: Mayor,Councilmembers, City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Approve Therapeutic Massage License—Michael Ellis DATE: June 4,2012 INTRODUCTION Pursuant to City Ordinance 3-15-8, a public hearing must be held to issue a Therapeutic Massage License. DISCUSSION Mr. Michael Ellis has applied for a Therapeutic Massage License. Mr. Ellis will be practicing therapeutic massage at HealthPro Chiropractic located at 19685 Pilot Knob Road. The required fees have been received and the application has been reviewed by the Farmington Police Department. BUDGET IMPACT The fees collected are included in the revenue estimates of the 2012 budget. ACTION REOUESTED Approve a Therapeutic Massage License for Michael Ellis at HealthPro Chiropractic, 19685 Pilot Knob Road. Respectfully submitted, Cynthia Muller Executive Assistant 59 /t9� j City of Farmington 430 Third Strect 1; Farminggton.Minnesota 651.280.6800•Fax 651 80.6899 ww .ci.fsrniinaton.mn.us TO: Mayor, Councilmembers, City Administrator FROM: Teresa Walters, Finance Director SUBJECT: 2011 Comprehensive Annual Financial Report(CAFR) DATE: June 4,2012 The City of Farmington's Comprehensive Annual Financial Report (CAFR) is published to provide the Mayor, City Council, City Staff, citizens, bond holders, and other interested parties with useful information concerning the City's operations and fmancial position. Responsibility for both the accuracy of data and the completeness and fairness of the presentation, including all disclosures, rests with the City. The CAFR is located within the Finance Department on the City's website. This report was prepared by the City's Finance Department. Management assumes full responsibility for the completeness and reliability of the information presented in this report. To provide a reasonable basis for making these representations, management has established a comprehensive internal framework that is designed both to protect the government's assets from loss,theft or misuse and to complete sufficient,reliable information for the preparation of the City's fmancial statements in conformity with Generally Accepted Accounting Principles (GAAP). The cost of internal controls should not outweigh their benefits, therefore,the City of Farmington's comprehensive framework of internal controls has been designed to provide reasonable, rather than the absolute assurance, that the financial statements will be free from material misstatement. As management, we assert that to the best of our knowledge and belief, this fmancial report is complete and reliable in all material respects. The City of Farmington's financial statements have been audited by Smith Schafer & Associates, LTD (SSA). SSA will present a summary of the Financial Statements and the audit at the Council meeting. Enclosed are the Independent Auditor's Report and the Auditor's Report on Compliance. The goal of an independent audit is to provide reasonable assurance that the financial statements of the City for the fiscal year end are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management;and evaluating the overall fmancial statement presentation. The independent auditor concluded, based upon the audit, that there was a reasonable basis for rendering an unqualified opinion that the City of Farmington's fmancial statements for the fiscal year ended December 31, 2011, are fairly presented in conformity with GAAP. An 60 unqualified opinion is issued when the independent auditor believes that the company's fmancial statements are sound; that is, the statements are free from material misstatements. The Independent Auditor's Report is presented as the first component of the fmancial section of the financial report. GAAP requires that management also provide a narrative introduction, overview and analysis to accompany the basic fmancial statements in the form of Management Discussion and Analysis (MD&A). A letter of transmittal, designed to complement the MD&A is also included and should be read in conjunction with it. The City of Farmington's MD&A can be found immediately following the report of the independent auditors. The organization, form, and content of the enclosed report were prepared in accordance with the standards prescribed by the Government Accounting Standards Board (GASB), the Government Finance Officers Association of the United States and Canada (GFOA), the American Institute of Certified Public Accountants, and the Minnesota Office of the State Auditor. The Government Finance Officers Association (GFOA) has awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Farmington for its Comprehensive Annual Financial Report(CAFR) for the year ended December 31, 2010. This is the second year the City has received this prestigious national award. In order to be awarded this Certificate of Achievement, the government needs to publish an easily readable and efficiently organized CAFR and has satisfied both GAAP and applicable legal requirements. The Certificate of Achievement is valid for a period of only one year and we believe our current CAFR continues to meet the Certificate of Achievement program requirements. We are submitting the 2011 report to the GFOA to determine eligibility for another certificate. Respectfully Submitted, Teresa Walters 61 / SMITH.SCHAFER & A S S O C I A T E S. LTD. Members of American Institute of CPA's Certified Public Accountants and Consultants Private Companies Practice Section Minnesota Society of CPA's 4 WEARS EST.1971 INDEPENDENT AUDITOR'S REPORT Honorable Mayor and Members of the City Council City of Farmington Farmington,Minnesota We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Farmington, Minnesota, as of and for the year ended December 31, 2011, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation.We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Farmington, Minnesota as of December 31, 2011, and the respective changes in financial position and cash flows, where applicable, and the budgetary comparison for the General Fund for the year then ended in conformity with accounting principles generally accepted in the United States of America. As discussed in the notes to the financial statements, the City of Farmington, Minnesota adopted the provisions of Governmental Accounting Standards Board Statement No. 54,Fund Balance Reporting and Governmental Fund Type Definitions, as of and for the year ended December 31, 2011. This statement results in the City reporting non-spendable, restricted,committed,assigned and unassigned fund balances in its governmental funds. Maplewood Office • 2035 E County Road D • Suite A • Maplewood MN 55109 • PH(651)770-8414 • FAX(651)770-5175 Rochester Office • 220 South Broadway • Suite 102 • Rochester, MN 55904 • (PH(507)288-3277 • FAX(507)288-4571 Red Wing Office • 519 Bush Street • Red Wing, MN 55066• PH(651)388-2858 • FAX(651)388-6414 Edina Office •6800 France Avenue South • Suite 178 • Edina. MN 55435 • PH(952)920-1455 • FAX(952)920-6603 62 The Management's Discussion and Analysis on pages 13 through 26 and the Schedule of Funding Progress for the Retiree Health Plan on page 80,are not a required part of the basic financial statements, but comprise supplementary information required by accounting principles generally accepted in the United States of America. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic,or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries,the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Farmington, Minnesota's financial statements as a whole. The introductory section, combining and individual nonmajor fund financial statements, and statistical section listed in the table of contents are presented for purposes of additional analysis and are not a required part of the financial statements. The combining and individual nonmajor fund financial statements are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to the prepare the financial statements or to the financial statements themselves,and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion,the information is fairly stated in all material respects in relation to the financial statements as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and,accordingly,we do not express an opinion or provide any assurance on them. S4sAl Sddde>rcce . Maplewood,Minnesota May 30,2012 63 • SMITH•SCHAFER & A S S O C I A T E S, LTD. Members of American Institute of CPA's, Certified Public Accountants and Consultants Private Companies Practice Section.Minnesota Society of CPA's 4 YEARS EST.1971 AUDITOR'S REPORT ON COMPLIANCE Honorable Mayor and Members of the City Council City of Farmington Farmington,Minnesota We have audited the financial statements of the City of Farmington, Minnesota as of and for the year ended December 31,2011 and have issued our report thereon dated May 30,2012. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the provisions of the Minnesota Legal Compliance Audit Guide for Local Government, promulgated by the State Auditor pursuant to Minn. Stat. § 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Local Government covers seven main categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, tax increment financing and miscellaneous provisions. Our study included all of the listed categories. The results of our tests indicate that for the items tested, the City of Farmington, Minnesota complied with the material terms and conditions of applicable legal provisions. This report is intended solely for the information and use of the City Council, management, and the Office of the State Auditor of Minnesota and is not intended to be, and should not be, used by anyone other than those specified parties. Gevati sa#4... 4toe Maplewood,Minnesota May 30,2012 Maplewood Office • 2035 E County Road D • Suite A • Maplewood MN 55109 • PH(651)770-8414 • FAX(651)770-5175 Rochester Office • 220 South Broadway • Suite 102 • Rochester, MN 55904 • (PH(507)288-3277 • FAX(507)288-4571 Red Wing Office • 519 Bush Street • Red Wing. MN 55066 • PH(651)388-2858 • FAX(651)388-6414 Edina Office • 6800 France Avenue South • Suite 178 • Edina.MN 55435 • PH(952)920-1455 • FAX(952)920-6603 64 / SMITH.SCHAFER & A S S O C I A T E S, LTD. Members of American Institute of CPA's. Certified Public Accountants and Consultants Private Companies Practice Section.Minnesota Society of CPA's 4 WEARS Esi.1971 May 30, 2012 To the City Council City of Farmington We have audited the financial statements of the governmental activities, the business-type activities,each major fund, and the aggregate remaining fund information of the City of Farmington for the year ended December 31, 2011. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated September 19, 2011. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City of Farmington are described in Note 1 to the financial statements. As described in Note 10 to the financial statements, the City of Farmington changed accounting policies related to fund balances by adopting Statement of Governmental Accounting Standards (GASB Statement) No. 54 Fund Balance Reporting and Governmental Fund Type Definitions, for the year ended December 31, 2011. Changes to the government fund type fund balance reporting are reflected in the financial statements and schedules, and related disclosures are included in Note 10. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City of Farmington's financial statements were: Management's estimate of the useful life of purchased or contributed property and equipment is based on the estimate productive life of these assets. We evaluated the estimated useful lives assigned to property and equipment and determined that these lives were reasonable in relation to the financial statements taken as a whole. Management's allocation of certain expenses (ie salaries, benefits and supplies) are allocated to functions based on an estimate of the benefit to that particular function. We evaluated estimates used to develop these allocations and determined they are reasonable in relation to the financial statements taken as a whole. Management's estimate of the Net Other Post Employment Benefit(OPEB) Obligation is based on an actuarial study using estimates of future obligations of the City for post- employment benefits. We evaluated the key factors and assumptions used to develop the OPEB liability and determined they are reasonable in relation to the financial statements taken as a whole. Maplewood Office •2035 E County Road D • Suite A • Maplewood MN 55109 • PH(651)770-8414 • FAx(651)770-5175 Rochester Office • 220 South Broadway • Suite 102 • Rochester,MN 55904 • (PH(507)288-3277 • FAX(507)288-4571 Red Wing Office • 519 Bush Street • Red Wing, MN 55066 • PH(651)388-2858 • FAX(651)388-6414 Edina Office • 6800 France Avenue South • Suite 178 • Edina, MN 55435 • PH(952)920-1455 • FAX(952)920-6603 65 City Council City of Farmington Page Two Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. The attached schedule summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated May 30,2012. Management Consultation with Other Independent Accountants In some cases,management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a usecond opinion"on certain situations. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge,there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the governmental unit's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. This information is intended solely for the use of the City Council and management of the City of Farmington and is not intended to be used by anyone other than these specified parties. Very truly yours, SMITH, SCHAFER AND ASSOCIATES, LTD. si G 44fflitee;44/#C X. Maplewood, MN 66 II .g g F- i W v 1 $ i N 'i 0 R d m m li V 1 , m a of G m oaf a co I I Q 'a _ 1 co co c 1 W cm 6 d 1 i I. as} 0 LL I ill 11 R I 111 0 8 0 o ilQ $ d i 0 ca Is 1 liptivli 0 U a cc ac c Vg I 1.R a t C 1 { cm al o 1 COvH � 1 1 1 1 SMITH.SCHAFER & A S S O C I A T E S, LTD. Members of American Institute of CPA's, Certified Public Accountants and Consultants Private Companies Practice Section,Minnesota Society of CPA's 4 YEARS ZT-1971 May 30, 2012 To the City Council City of Farmington In planning and performing our audit of the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information of the City of Farmington as and for the year ended December 31, 2011, in accordance with auditing standards generally accepted in the United States of America, we considered the City of Farmington's internal control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses and, therefore, there can be no assurance that all such deficiencies have been identified. However, as discussed below, we identified a certain deficiency in internal control that we consider to be a significant deficiency. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. We did not identify any deficiencies in internal control that we consider to be material weaknesses. A significant deficiency is a deficiency, or combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We consider the following deficiency in the City of Farmington's internal control to be a significant deficiency: Segregation of Duties We noted that the City has made great efforts to segregate duties, however, in the water & sewer billing department proper segregation of duties is not always maintained. We recommend Management segregate duties that are incompatible from an internal control standpoint (e.g. preparing the water & sewer billing, receiving cash receipts, posting cash receipts to receivables, preparation of deposits, sending out statements etc.)whenever possible. Maplewood Office • 2035 E County Road D • Suite A • Maplewood MN 55109 • PH(651)770-8414 • FAX(651)770-5175 Rochester Office • 220 South Broadway • Suite 102 • Rochester, MN 55904 • (PH(507)288-3277 • FAX(507)288-4571 Red Wing Office • 519 Bush Street • Red Wing. MN 55066 • PH(651)388-2858• FAX(651)388-6414 Edina Office • 6800 France Avenue South • Suite 178 • Edina, MN 55435 • PH(952)920-1455 • FAX(952)920 6603 68 City Council City of Farmington Page 2 This report is intended solely for the information and use of the City Council and management and is not intended to be and should not be used by anyone other than these specified parties. If we can assist you in addressing these matters please contact us. We acknowledge and appreciate all of the assistance extended to us during our examination. Very truly yours, SMITH SCHAFER AND ASSOCIATES, LTD., (54444 godutF. p , iese Maplewood, Minnesota 69 2035 E Ca Road D,Suite A Maplewood,MN 55109 /111 SMATH•SCHAFER (651)770 8414 $ A 660CIAT E 6. LTD. oici. , 404M... ", _ / i. • • '..-- --- -• 1 / / / ' .4111111‘ li ___.......migasilliiii CITY OF FARMINGTON Financial Summary - 2011 Audit I Audit Opinion • Provides reasonable,but not absolute,assurance that financials are free of material misstatement • Audit procedures include: outside confirmation of certain balances and transactions,sample tests of documentary evidence,inquiries of employees and management,analytical procedures applied to balances and certain other testing procedures • Unqualified opinion—Financial Statements fairly stated in all material respects I Minnesota Legal Compliance • Seven areas required to be tested by the State of Minnesota: contracting and bidding,deposits and investments,conflicts of interest,public indebtedness,claims and disbursements, miscellaneous provisions and tax increment financing. The items required to be tested for each area are listed in the Office of the State Auditor's Minnesota Legal Compliance Guide for Political Subdivisions • Testing covered all of the listed areas and consisted of inquiries,sighting of documents and testing on a sample basis • No exceptions noted •SMITH•SCHAFER smithschafercom +v'^ 2 Should this include GASB 34? (per Rochester) 2 i 01 , Fund Types i Governmental i Enterprise • General Fund • Liquor operations • Special Revenue Funds • Sewer • Debt Service Funds • Solid waste • Capital Projects Funds • Storm water • Internal Service Funds • Water • Fiduciary Fund • Street light •SMITH•SCHAFER • •1 + smithschafer.corn •S( "� RS v' Governmental Funds Revenues ;,i SMITH•SCHAFER (�lYEARS rl ._I I 4 1971 Governmental Fund Revenues $10,000,000 --— $8,000,000 -- $6,000,000 — $4,000,000 — 1 -1011 1=-61 $2,000,000 — —111 2009 2010 2011 o Property taxes •Special assessments a Licenses and permits a Intergovernmental U Charges for services a Fines and forfeitures •Contributions U Franchise and dedicated fees•Miscellaneous •SMITH•S(CHAFER smithschafer.com 40h.19R9 5 4.1"h Clirr="11 Governmental Funds Expenditures • RS smithschafer com 1,4 7 -at 41„GOV .er I Y— . . A General Governmental Expenditures i Includes legislative control, boards $2,100,000 — — and commissions, administration, $2.050,000 human resources, elections, $2,000,000 communications, City Hall,finance, community development and $1,950,000 planning and zoning $1,900.000 $1,850,000 I Represents 19%of governmental $1,800,000 — expenditures(excluding capital $1,750,000 _ projects and debt service)in 2011 $1,700,000 i i 2009 2010 2011 i Totaled$1,828,147 in 2011, a decrease of$236,330 from 2010 - due primarily to decreased salaries as a result of staff replacements A SN.m Seti.'FER (,YEARS smithschafer.com �t ' ,1971 7 Change graph 7 Public Safety Expenditures $4,800,000 I Includes police administration, patrol $4,700,000 services,investigation services, ■ emergency management services,fire $4,600,000 III and rescue squad services $4,500,000 I Public Safety represented about 50%of $4.400,000 ■ total governmental expenditures (excluding capital projects and debt $4,300,000 service)in 2011 $4,200,000 II i Totaled$4,705,581 in 2011,an increase $4,100,000 I. ■ of$115,931 (3%)from 2010 $4,000,000 II I Increase in public safety expenditures in $3,900,000 2011 is due primarily to an increase in 2009 2010 2011 salaries and overtime pay 4 SI.IITti•SCHAFER smithschafer.com •~» ~w 4l1f,YEARS 11 8 i v , 000' Public Works Expenditures 53,500,000 i Includes building inspections, engineering services, street $3,000000 maintenance, snow removal services, signal maintenance, natural resources and street lights in 52,500,000 2009 and prior $2,000,000 I Primarily salaries, repair services and street materials $1,500,000 i Totaled$1,382,306 in 2011 and $1,000.000 $1,379,325 in 2010—an increase of less than 1% 5500,000 I Large expenditures in 2009 due so primarily to the Dushane Parkway 2009 2010 2011 project and 4th Street trunk utility improvements •SMITH•SCHAFER smithschafer.com 40, 97I VT' 9 - Parks and Recreation Expenditures $1.600.000 -- -- I Includes park maintenance, $1400.000 recreation program services, park . II. improvements, senior center s,,zoo,000 programs, Rambling River Center . . renovation, swimming pool $1,000,000 00 00 . . operations and ice arena operations. 0�� • . I Primarily salaries, supplies and utilities 5600,000 . . I Totaled$1,399,541 in 2011 and $400,000 . . $1,591,378 in 2010—a decrease of 12%due primarily to a reduction in $zoo,o o . . , capital ng River Center related to the Rambling River Center renovation 2009 2010 2011 4 SMITI{•Sl11.111.12 i 1'MX io��07I smithschafer.com `tlY 10_ Economic and Community Development Expenditures $125,000 I Includes Economic Development Authority and TIF districts $100.000 I Totaled $112,612 in 2011, an increase of$28,040 (33%)over $75,000 - 2010 I Increase due to increased $50,000 professional services expenditures in 2011 related to the sale of property $25.000 - - $0--- --.- 2009 2010 2011 SMTfH•SCHAFER smithschafer.com •.._....e.,,4A •ARS e Y n& ' r i t rs Governmental Fund Expenditures 2010 2011 Economic Economic Parks and Community Parks and and Recreation Development Recreation Community 17% 15% Development 10,1% Public Works Pubic Works 15% 14% •SMII"H•SCHAFER • ,............110.•..•YEARS smithschafer.com A97I 12 General Fund Reserves i SMITH•SCHAFER •Na~N smithschafer.com 40f• $ IIIIIIIIIIIenera Fund - Reserves I Unassigned General Fund $10.000.000 balance as a % of General f9.000,000 Fund expenditures • 2011 24% $ 7.000,000 . • 2010 24% sl.000.000 . • 2009 25% 58.000.000 i Unassigned fund balance is $5.000.000 24% of 2011 budgeted • expenditures 000D00 III I State Auditor 53, 53.000.000 . recommendation is 35 to 50% $2.000.000 in unassigned fund balance 51.000.0 0 : :i Unassigned fund balance in .111 MI 2011 is comparable to 2009 2010 2011 unreserved fund balance in prior years •Unesslgn.d Fund Belenc• •G•n•ral Fund Exp•ndItur•s A SMrrH•SCHAFER (� TEARS smithschafer.com Q 0foo71 14 Purposes & Benefits of Reserves Purpose of Reserves Benefits of Reserves a Cash flow timing differences a Favorable bond rating 4 Higher investment earnings 4 Intergovernmental revenue cutbacks 4 Provides resources for minor projects or feasibility reports 4 Capital outlay replacement 4 Avoids temporary overdrafts prior to major receipts 4 Emergency or unanticipated 4 Allows time to study effects of expenditures revenue cuts 4 Avoids overburdening of annual 4 Special City Council projects budgets for certain capital outlay a Provides the City greater options to deal with unexpected events 4 Unfunded mandates ,SMITII•SCI IA1 ER l smithschafer.com 4 O YEARS :,19 71 15 „., Debt Service SMITH•SCHAFER ••"): •,e1, ,,,,,,,on•fa,••■■■••■••• smithschafer.com ,4 0.a,RS ” 971 5 Year Debt Service Requirements $3.000000 — I All bond payments s2500000 are being paid on a timely basis $2.000.000 - I Includes principal and $1.500000 __. ___ _ interest $1.000.000 I Made up of general obligation $500.000 -- improvement bonds, s0 . .41 11 , refunding bonds, 2012 2013 2014 2015 2016 capital improvement •General Obligation Improvement bonds and OCapital Improvement certificates of •Certificates of Indebtedness indebtedness OGovemmental Activities Refunding Bonds O Tax Increment Bonds A SMITH•SCHAFER ■Revenue Bonds ...,.....,,... ■Public Project Revenue Bonds t ^Q.YE9R5 a Business-Type Refunding Bonds Sil 17 Capital Projects •SMIT11•SCCtlfAFEA smkhschafer.com 4A Y s -7 �. Capital Outlay Expenditures :250.000- I Major capital outlay expenditures in 2011 were for: $200.000 • Completion of the Walnut Street reconstruction project, including $150.000 street reconstruction and utilities $,00.000 I Major capital outlay expenditures in 2010 were for: $50.000 • Pilot Knob Trail Extension • Schmitz-Maki Arena $o i reconstruction project Equipment Construction Improvements Miscelaneous • Walnut Street reconstruction and acquisition •$MITI.•CHAFER smithschafer.com ~� A A.YE9RS tt 19 19 Enterprise Funds Operational Trends SMITH•S(CHAFER smithschafer.com Enterprise Funds t,,.o00.099 I _ n0��9 (6,000,000 I' - - : 11_11 -il MI . ..... 41.000000 �a�.,..,ua a.v..mir 1r',$- _ 2009 2010 1011 •Revenues ■Expenses ONet Loss(Before Transfers) •SMITH•SCHAFER d(rn smithschafer.com +v'^ 1 21 • *PI.) 1 Enterprise Funds (Cont'd) I Liquor operations, sewer, solid waste, storm water, water and street light services supported by ratepayers i Population and commercial industrial growth has been fairly stagnant in the past three years, resulting in relatively stable operating revenues, operating expenses, other income and other expense I Other income includes special assessments, intergovernmental revenue and investment earnings I Other expense includes revenue bond interest, losses on disposal of capital assets and fiscal agent fees i SMITH•SCHAFER .. 1i••••• A YEARS smithschafer.com 40.1971 22 Summary Unqualified audit opinion and no Minnesota Legal Compliance exceptions CAFR has been posted on the City's website by the Finance Department CAFR is available for public inspection at the Dakota County Farmington Library •SM1TY I.SCHAFER smithschafer.com 404511I 23 City of Farmington lk. 430 Third Street !� ',.,; Farmington,Minnesota ,�' ../ 651,280.6800•Fax 651.280.6899 A www.ci.fanninau n.nm.us TO: Mayor,Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Approve Veterans Memorial Agreement DATE: June 4,2012 INTRODUCTION A presentation on the Veteran's Memorial(the Memorial)was made by Leon Orr on behalf of the Veterans Memorial Committee(the Committee)to the City Council on May 21,2012. The presentation was meant to update the City Council on the fundraising status,the design of the Memorial and an estimated budget of project costs. At the meeting a discussion occurred on the City's contribution of $10,000 towards the project and also on the issue of how insurance coverage should be addressed during construction of the Memorial. DISCUSSION The City Council provided direction to include in the Veteran's Memorial Agreement(the Agreement)a project contribution of$10,000 from the City and another$1,000 contribution towards the cost of insurance during construction,which was proposed to be covered by CEEF's insurance policy. The additional contribution of$1,000 towards insurance costs was based on a quote the Committee received from CEEF's insurance agent on the additional cost to add the construction of the Memorial to CEEF's policy.The Agreement is attached as Exhibit A. The Committee has not had an opportunity yet to discuss with the CEEF organization about having the Memorial's construction come under CEEF's insurance policy. The attached Agreement addresses the insurance issue by making construction of the Memorial conditional on insurance coverage either being provided through CEEF or through some other means. In other words,construction on the Memorial cannot commence until the proper insurance coverage is in place,which is something that City staff,the City's insurance agent and the City Attorney will work together on to ensure this condition is met. ACTION REQUESTED Staff is requesting the City Council approve the attached Agreement with the Committee. Respectfully submitted, Randy Distad Parks and Recreation Director 70 AGREEMENT THIS AGREEMENT ("Agreement") is made this 9'44 day of 2012,by and between Farmington Area Veteran's Memorial, Inc., a nonprofit corporation(the "Association") and the City of Farmington,a Minnesota municipal corporation(the"City") (collectively referred to as the"Parties"). WHEREAS, the Association was formed to construct a Veteran's Memorial (the Memorial)in the City; WHEREAS, the Association previously requested and received approval by the City Council at the November 7, 2011-City Council meeting to construct a Memorial in Rambling River Park; and, WHEREAS, the City and Association desire to specify the Parties' respective responsibilities related to the construction and future maintenance of the Memorial in Rambling River Park; NOW,THEREFORE, in consideration of the terms contained herein,the Parties, on behalf of themselves,their volunteers, contractors and assigns hereby agree as follows: SECTION 1. Association Responsibilities. The Association will be responsible for the following items as it relates to the Memorial that will be constructed in Rambling River Park in Farmington: A. The Association shall place pavers, flags and other related structures so as to maintain the quality and integrity of the Memorial as a tribute to those who have served in the armed forces of this nation in accordance with plans and specifications approved by the City(the "Memorial"). B. The Association shall maintain the Memorial in good appearance and repair and shall not permit it to fall into disrepair or poor condition in any respect. C. The Association shall not alter the grade, landscape or permit such alteration within the Rambling River Park without written consent of the City. D. The Association shall maintain the Memorial in compliance with all applicable laws and industry standards in effect at the time of construction, and shall not remove it, or relocate it for any reason, unless requested by the City. E. The Association shall be responsible for the maintenance, repair and replacement of the hardscape elements of the Memorial, including pavers, benches, monuments, flags, poles and similar elements, so that they are orderly, clean and in good repair at all times. Page 1 of 6 F. The Association shall use its best efforts to conduct all of its activities on said Memorial area in such a manner as to not interfere with or impede the operation of the City's property and related activities in any manner whatsoever. G. The Association must notify the City at least thirty (30) days before any construction and forty-eight (48) hours before any maintenance work for the Memorial commences at Rambling River Park. No such work shall take place without the City being given the opportunity to have City staff present at the site. The Association's notification shall supply a construction schedule estimating when the project will commence and end. H.. All contractors, volunteers and other workers constructing the Memorial shall be under contract to the Association and not the City. All contractors and subcontractors shall have provided to the City a Waiver of any Mechanics and Workman's Lien Rights as part of their Contracts with the Association, have liability insurance to levels approved by the City and provide Certificates of Liability Insurance to the City naming the City as a certificate holder thereon, and shall also agree to indemnify and hold the City harmless with regard to any contract or work disputes on the site as part of their contract with the Association. Following completion of the construction of the project by the Association and acceptance of the improvements by the City, the Association will formally donate the Memorial to the City. J. All funds collected by Association fundraising for the Memorial in excess of the construction cost will be placed in an endowment fund established by the Association solely for the future maintenance and improvement of the Memorial ("Endowment Fund"). The terms and structure of the Endowment Fund shall be subject to review and approval by the City. The Endowment Fund shall make an annual report to the City of its operational status and balance of funds on hand. K. The Association and City shall execute a"Maintenance Schedule,"in the manner and form annexed hereto outlining maintenance to be implemented on the site during construction and thereafter throughout the term of this Agreement by the Association or their agent. L. The Association shall be responsible for the installation of all plumbing and electrical service needed for the Memorial, acquisition of all required pluming and electrical permits,and shall be required to use licensed and bonded contractors. M. No interest in real estate is being created by the City on behalf of the Association under the terms of this agreement. The City is not transferring control of the project site by entering into this agreement. Page 2 of 6 SECTION 2. Acknowledgement of City's Rights and Responsibilities. The City has the following rights and responsibilities in connection with the Memorial to be constructed in the City's Rambling River Park: A. The City hereby authorizes the Association to construct a Memorial consistent with the terms and conditions of this Agreement on a site near the Pine Street and CSAH 50 intersection in Rambling River Park. B. The City shall maintain the landscape associated with the Memorial including all grass,trees and shrubs surrounding it. C. The City shall be responsible for construction of the following improvements: (1) a trail that connects the Memorial to an existing parking lot in Rambling River Park to the north and to the trail that is adjacent to CSAH 50 to the south; (2) a new electrical service in Rambling River Park near the existing picnic shelter for Association access to electrical power off of the new service for lighting of the Memorial. (3) a new picnic shelter located adjacent to the Memorial together with restrooms. The timing of the construction of the new picnic shelter shall be solely in the discretion of the City. The City shall with the Association on the proposed design of the picnic shelter, but the City shall have sole discretion in the final design of the picnic shelter. D. Following donation of the Memorial to the City,the City shall be responsible for maintaining all insurance required for the Memorial. E. The City shall formally accept the donation of the Memorial at a City Council meeting following acceptance of the improvements associated with the Memorial. F. Following acceptance by the City of the donation of the Memorial,the City shall be responsible for the cost of all utilities associated with the Memorial. G. The City may stop all construction work on the Memorial by giving notice to the Association and/or to anyone on site, if the City determines, in its reasonable estimation, that any proposed work may potentially cause an unsafe condition or damage or impair the City's property. H. The City will finance improvements associated with the Memorial and consistent with the approved plans in an amount not to exceed $10,000.00. Page 3 of 6 I. To assure adequate insurance coverage for work within the City's Rambling River Park, the City will reimburse the Association for up to $1,000.00 in the cost of insurance required under this Agreement. SECTION 3. Insurance. Prior to any work commencing within the City's Rambling River Park, the Association shall secure and maintain such insurance as will protect the Association, its officers, members and volunteers from claims under the Worker's Compensation Act, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Excess/Umbrella Liability $2,000,000 each occurrence/aggregate The Association shall be responsible for obtaining the foregoing insurance for each of its contractors and subcontractors and shall include the foregoing insurance provision in any contract for work on the Memorial. The City shall be named as an additional insured on the general liability and umbrella policies of the Association and any contractor or subcontractor hired in connection with the work to be performed on the Memorial. Before commencing work the Association, its contractors and subcontractors shall provide the City with certificate of insurance from the insurer evidencing the required insurance coverage in a form acceptable to the City. The certificate shall provide that such insurance cannot be canceled until thirty (30) days after City has received written notice of the insurer's intention of cancelling this insurance. SECTION 4. Indemnification. To the fullest extent permitted by law, the Association its successors and assigns, agrees to release defend protect, indemnify, save and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the installation, maintenance, repair, removal and/or presence of the Memorial or its location within the City's park and the execution or performance of the work or services provided for herein by the Association, its volunteers, members, employees, contractors and agents, and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. The Association shall indemnify City against legal liability for damages arising out of claims by Association volunteers or Association's contractors. SECTION 5. Termination of Agreement. In the event that either Party fails to perform and carry out any of the terms or conditions of this Agreement strictly in accordance with the provisions hereof, or for any reason is unable to properly conduct its business, either Party may terminate this Agreement by giving written notice to the other Party provided such notice is at least 30 days. Termination of this Agreement hereunder shall not prevent or interfere with the recovery by either Party from the other Party for any damages caused to either Parties property. Page 4 of 6 SECTION 6. Miscellaneous. A. Termination. Except as otherwise specifically provided herein,the terms of this Agreement shall terminate with the termination of the useful life of the Memorial. B. No Future Agreement. The terms of this Agreement do not bind the City and the Association to any future agreements. C. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. D. Notices. Pursuant to this Agreement,notices shall be hand delivered or mailed as follows: AS TO CITY: City of Farmington 430 Third Street Farmington, MN 55024 AS TO ASSOCIATION: Farmington Area Veteran's Memorial, Inc. 421 Third Street Farmington, Minnesota 55024 E. Records Access. The Association and its contractors shall provide the City with access to any books, documents,papers, and record which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions for three years after final payments and all other pending matters related to this Agreement are closed. F. Compliance with Laws and Regulations. In providing services hereunder,the Association and its contractors and volunteers shall abide by all pertinent statutes, ordinances,rules and regulations. G. Standard of Care. The Association agrees that its volunteers and contractors shall exercise the same degrees of care, skill, and diligence in the work to establish the Memorial as ordinarily possessed and exercised by similar contractors under similar circumstances. H. Entire Agreement. This Agreement constitutes the entire understanding of the Parties and no terms may be altered in any way except by the written consent of both Parties. This Agreement may not be assigned or conveyed without each Party's written consent. Page 5 of 6 FARMINGTON AREA VETERAN'S MEMORIAL,INC. By: ,tS!r President CITY OF FARMINGTON By: r � --f Todd Larson Its Mayor By: (5"-4'; � )� David Mc '� Its City Administrator Page 6 of 6