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HomeMy WebLinkAbout08.03.15 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 Douglas Bonar Terry Donnelly Tim Pitcher AGENDA REGULAR CITY COUNCIL MEETING AUGUST 3, 2015 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 5. ANNOUNCEMENTS/COMMENDATIONS a) Louis Schmitz Foundation Donation to the Parks and Recreation Department R31-15 b) Recognition—Farmington Firefighters Auxiliary R32-15 c) Recognition—Farmington Fire Department Relief Association R33-15 d) Adopt Resolution—Accept Donation from Allina Health—Fire Department R34-15 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 (7/20/15 Regular and Work Session)— Administration Approved b) Adopt Resolution—Approve Gambling Event Permit Athenas Canine Companions -Administration R35-15 c) Adopt Resolution— 195th Street Project Parking Restrictions—Engineering R36-15 d) Approve Bills -Finance 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 R AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Financial Review—June 2015 YTD—Finance Information Received b) CDBG Commercial Rehabilitation Grant Farmington Bakery—Community Development Approved 11. UNFINISHED BUSINESS 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. _4�FARA�j. City of Farmington 5 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 '+�,�, ° www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Louis Schmitz Foundation Donation to the Parks and Recreation Department DATE: August 3, 2015 INTRODUCTION The city council previously approved an agreement with the Louis Schmitz Foundation(the Foundation) at its June 3, 2013 meeting allowing the foundation to provide funding annually to the Parks and Recreation Department. DISCUSSION On June 19, 2015 the foundation held its fourth annual golf fundraising event at Southern Hills Golf Club.Prior to the event beginning,the foundation presented a$1,200.00 ceremonial check to Recreation Supervisor Nicole Gorman for the purchase of two memorial benches that will be installed by the Oak Street entrance area of the Rambling River Center. The benches will provide a nice complement to the concrete entrance improvements that were recently completed. John Barger,a foundation board member,will be attending the August 3, 2015 City Council meeting to present the$1,200.00 ceremonial check to Mayor Larson for the purchase of the two memorial benches. Mr.Barger will also provide some brief information about the following items: • the foundation's mission/purpose and what other items have been funded by the foundation • summary of the June 19, 2015 golf fundraising event that was held at Southern Hills Golf Course • information about future fundraising events the foundation has planned in the next year BUDGET IMPACT NA ACTION REQUESTED To adopt the attached resolution accepting and recognizing the foundation's generous donation of $1,200.00 that will be used to fund the purchase and installation of two memorial benches on the Oak Street entrance area of the Rambling River Center. ATTACHMENTS: Type Description D Resolution Donation Resolution RESOLUTION NO. R31-15 ACCEPT DONATION OF$1,200.00 FROM THE LOUIS SCHMITZ FOUNDATION TO THE PARKS AND RECREATION DEPARTMENT FOR TWO MEMORIAL BENCHES Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota,was held in the Council Chambers of said City on the 3rd day of August, 2015 at 7:00 p.m. Members Present: Larson,Bonar, Pitcher Members Absent: Bartholomay, Donnelly Member Bonar introduced and Member Pitcher seconded the following: WHEREAS, a donation of$1,200.00 has been made by the Louis Schmitz Foundation to the Parks and Recreation Department; and, WHEREAS, the donation will be used to purchase two memorial benches that will be installed by the Rambling River Center's Oak Street entrance area; and, WHEREAS, it is required by State Statute that this donation be formally accepted; and, WHEREAS, it is in the best interest of the City to accept this donation. NOW,THEREFORE,BE IT RESOLVED that the City of Farmington hereby accepts with gratitude the generous donation of$1,200.00 from the Louis Schmitz Foundation to the Parks and Recreation Department that will be used to purchase two memorial benches that will be installed by the Rambling River Center's Oak Street entrance area. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of August, 2015. Mayor Attested to the V-74 day of August, 2015. ity Administrate__- SEAL 0144 City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 '�•�„4 * www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Jim Larsen,Fire Chief SUBJECT: Recognition-Farmington Firefighters Auxiliary DATE: August 3,2015 INTRODUCTION A request for formal recognition by the city council of the members of the Farmington Firefighters Auxiliary Association who donated$10,000.00 for the purchase of portable radios and associated equipment. DISCUSSION The city council previously accepted a$10,000.00 donation from the Farmington Firefighters Auxiliary Association for the purchase of portable radios and associated equipment.The equipment was approved for purchase and delivery and programming has been completed. These radios are now in service and provides that every riding position on apparatus has a radio assigned. This donation provides a significant improvement to firefighter safety in the City of Farmington. BUDGET IMPACT None ACTION REQUESTED Recognize the$10,000.00 donation by the Farmington Firefighters Auxiliary Association. RESOLUTION NO.R32-15 ACCEPTING DONATIONS TO THE FARMINGTON FIRE DEPARTMENT FOR PORTABLE RADIOS Pursuant to due call and notice thereof,a regular meeting of the City Council of the City of Farmington was held at the Farmington City Hall on the 3Td day of August 2015 at 7:00 p.m. Members Present: Larson,Bonar,Pitcher Members Absent: Bartholomay,Donnelly Member Bonar introduced and Member Pitcher seconded the following: WHEREAS,the Farmington Fire Department uses portable communications equipment(portables)in emergency response and; WHEREAS,members of the Farmington Fire Department have found donors willing to contribute to the purchase of additional portable radios; NOW THEREFORE BE IT RESOLVED that, after due consideration,the Mayor and City Council of the City of Farmington, Minnesota,hereby accept the donation in the amount of$10,000.00 from the Farmington Firefighters Auxiliary Association to be used towards the purchase of portable radios. This resolution was adopted by recorded vote of the Farmington City Council in open session on the 3`d day of August 2015. Mayor Attested to on the ell day of August 2015. =- Gkc h Administrator (... J SEAL y��Fii�► City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .A www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Jim Larsen, Fire Chief SUBJECT: Recognition-Farmington Fire Department Relief Association DATE: August 3, 2015 INTRODUCTION A request for formal recognition by the city council of the members of the Farmington Fire Department Relief Association who donated$10,000.00 for the purchase of portable radios and associated equipment. DISCUSSION The city council previously accepted a$10,000.00 donation from the Farmington Fire Department Relief Association for the purchase of portable radios and associated equipment.The equipment was approved for purchase and delivery and programming has been completed. These radios are now in service and provides that every riding position on apparatus has a radio assigned. This donation provides a significant improvement to firefighter safety in the City of Farmington. BUDGET IMPACT None ACTION REQUESTED Recognize the$10,000.00 donation by the Farmington Fire Department Relief Association. RESOLUTION NO.R33-15 ACCEPTING DONATIONS TO THE FARMINGTON FIRE DEPARTMENT FOR PORTABLE RADIOS Pursuant to due call and notice thereof,a regular meeting of the City Council of the City of Farmington was held at the Farmington City Hall on the 3rd day of August 2015 at 7:00 p.m. Members Present: Larson, Bonar,Pitcher Members Absent: Bartholomay,Donnelly Member Bonar introduced and Member Pitcher seconded the following: WHEREAS,the Farmington Fire Department uses portable communications equipment(portables)in emergency response and; WHEREAS,members of the Farmington Fire Department have found donors willing to contribute to the purchase of additional portable radios; NOW THEREFORE BE IT RESOLVED that,after due consideration,the Mayor and City Council of the City of Farmington,Minnesota,hereby accept the donation in the amount of$10,000.00 from the Farmington Firefighters Relief Association to be used towards the purchase of portable radios. This resolution was adopted by recorded vote of the Farmington City Council in open session on the 3rd day of August 2015. J _ Mayor Attested to the y"u' day of August 2015. rty Administrat SEAL .oEFARA4i City of Farmington p 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 °' ,� www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Jim Larsen,Fire Chief SUBJECT: Accept Donation from Allina Health DATE: August 3,2015 INTRODUCTION Allina Health would like to donate an automatic external defibrillator to the Farmington Fire Department. DISCUSSION In a cardiac arrest emergency lives are saved by early defibrillation of the heart.The chance of survival for the patient decreases the longer the heart does not perfuse properly. An automatic external defibrillator can "jump start"the heart through an electrical charge and correct the improper and life threatning cardiac rhythm in cardiac arrest. The City of Farmington enjoys a mutual partnership with Allina Health who provides our paramedics in emergency medical responses.The Farmington Fire Department also responds to critical calls and uses AED's prior to the arrival of paramedics.The donation of this AED will help the Farmington Fire Department save lives. BUDGET IMPACT The approximate value of the donation is$1,300.00. ACTION REQUESTED Adopt the resolution accepting the donation of an AED to the Farmington Fire Department from Allina Health. ATTACHMENTS: Type Description D Cover Memo Resolution to Accept AED Donation RESOLUTION NO.R34-15 ACCEPTING DONATION TO THE FARMINGTON FIRE DEPARTMENT FOR AUTOMATIC EXTERNAL DEFIBRILLATOR(AED) Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington was held at the Farmington City Hall on the 3rd day of August 2015 at 7:00 p.m. Members Present: Larson,Bonar, Pitcher Members Absent: Bartholomay,Donnelly Member Bonar introduced and Member Pitcher seconded the following: WHEREAS,the Farmington Fire Department responds to emergency medical calls including persons in cardiac arrest;and WHEREAS,Allina Health has generously offered to donate a lifesaving automatic external defibrillator (AED)to the Farmington Fire Department; NOW THEREFORE BE IT RESOLVED that,after due consideration,the Mayor and City Council of the City of Farmington,Minnesota,hereby accept the donation of an automatic external defibrillator from Allina Health to the Farmington Fire Department to be used for emergency medical responses. This resolution was adopted by recorded vote of the Farmington City Council in open on the 3rd day of August 2015. Mayor Attested to the I/A day of August 2015. —11f.419' Administrator SEAL o FARifi City of Farmington 6�° 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ,4 ,. www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Approve City Council Minutes(7/20/2015 Regular and Work Session) DATE: August 3,2015 INTRODUCTION Attached are regular and work session minutes for July 20,2015. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the attached regular and work session minutes for July 20, 2015. ATTACHMENTS: Type Description a Exhibit July 20, 2015 Regular Minutes © Exhibit July 20, 2015 Work Session Minutes JOINT FARMINGTON CITY COUNCIL/SCHOOL BOARD MINUTES REGULAR July 20, 2015 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. The meeting was called to order by School Board Chair Singewald at 7:00 p.m. 2. PLEDGE OFALLEGL4NCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL City Councilmembers Present: Larson, Bartholomay, Bonar,Donnelly,Pitcher School Board Members Present: Singewald, Beem, Cordes, Corraro, Lee, Sauser Members Absent: None Also Present: David McKnight, City Administrator; Robin Hanson,Finance Director;Adam Kienberger, Community Development Director; Randy Distad,Parks and Recreation Director;Kevin Schorzman, City Engineer;Todd Reiten,Municipal Services Director; Cynthia Muller,Executive Assistant Jay Haugen, Superintendent;Jane Houska,Finance Director; Lori Jensen,Executive Assistant Audience: Dakota County Commissioner Slavik,Jerry Rich 4. APPROVEAGENDA Councilmember Bonar pulled item 7e)Acknowledge Retirement Fire Department for comment. City Administrator McKnight moved item 12a) School District Levy Question Update to the end of the meeting. MOTION by Bartholomay, second by Pitcher to approve the Agenda. APIF,MOTION CARRIED. MOTION by Cordes, second by Lee to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Bartholomay, second by Bonar to approve the Consent Agenda as follows: a) Approved Council Minutes (7/6/15 Regular)(7/13/15 Work Session)- Administration b) Approved Temporary On-Sale Liquor Licenses VFW Post 7662-Administration c) Received Information Second Quarter 2015 New Construction Report and Population Estimate—Community Development d) Approved Amending Fire Department Capital Improvement Plan 2015-2019— Fire Department e) Acknowledged Retirement Fire Department—Human Resources Council Minutes(Regular) July 20,2015 Page 2 f) Approved Seasonal Hiring—Human Resources g) Adopted RESOLUTION R30-15 Approving 2015A G.O. Street Reconstruction Bonds Public Hearing Request-Finance h) Approved Bills-Finance APIF,MOTION CARRIED. e) Acknowledge Retirement Fire Department—Human Resources Councilmember Bonar noted it is not often a person serves 40 years in the fire department. This family has a long tradition in firefighting. Councilmember Bonar wanted to pay special recognition to Dan Thelen for his service. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) 195th Street Project Update City Engineer Schorzman gave an update on this project. Phase one was from Akin Road to Diamond Path and will be completed the end of August. Phase two is from Eureka Avenue to Flagstaff and will be completed prior to school starting. This phase also includes the pedestrian underpass to Meadowview Elementary. Phase three is the fmal phase. Pilot Knob will be closed from 195th to 190th Street including the 195th Street and Pilot Knob intersection. This will begin when the first two phases are complete. There will be a temporary modification at Flagstaff Avenue and Highway 50. b) Community Development Update Community Development Director Kienberger gave an overview of the department activities. There are currently 170 lots available. There have been 39 building permits issued this year. Staff will begin working on the 2040 Comprehensive Plan update in 2016. This guides development in the city. Currently staff is working on selecting a consulting firm to work on the Downtown Redevelopment Plan. There are several sites ready for commercial development in Vermillion River Crossing. Community Development Director Kienberger also gave an update on EDA activities and new businesses. He spoke about creating an attractive environment for businesses and having a positive perception of Farmington. c) City Strategic Plan Update In 2014 the City Council and staff developed a strategic plan. This year that plan has been paired down to four priorities—organizational development,community development, communication/engagement and finance/operations. City Administrator McKnight highlighted activities under each of these priorities. Council Minutes(Regular) July 20,2015 Page 3 d) Economic Development Authority Structure/Membership The EDA structure currently is two Councilmembers and three residents. State statute states there must be three, five or seven members. The EDA has discussed including a school board member and a planning commission member on the EDA. The EDA felt the city and school board both have an interest in the success of the community. School board members felt it would be a great opportunity to enhance the relationship. City staff will move forward with the next steps for this to take place in 2016. It was also suggested that a school board member participate in the Comprehensive Plan update. e) Joint Partnership Opportunities Currently the city and school district meet monthly. They discuss major projects such as the 195th Street project and ways to help each other. There are also two councilmembers and two school board members that meet. The broadcast equipment for the school district is in need of upgrading. In these monthly meetings it was discussed that perhaps the school district could hold their meetings at city hall to use the city's broadcasting equipment. School Board Member Beem would like to see things go a step further such as bringing grounds keeping into the city as a shared service and possibly better coordination between parks and recreation and community ed. She would like to see strategic ways to save taxes. I) School District Levy Question Update School Board Chair Singewald noted the school board met this evening regarding moving forward with a potential referendum. The school board unanimously approved bringing forward two questions to the November 3, 2015, special school district election as follows: In question one voters will be asked to approve a facilities bond for$45,320,000 for the betterment of school sites and facilities which will include safety and security improvements such as secure entrances in the elementary buildings and a firewall for data security, deferred maintenance throughout the district,repair and replacement of roofs at elementary and middle school facilities, additional kindergarten classrooms in elementary schools to meet the growing enrollment and eliminate crowding, and pavement improvements. In question two,voters will be asked to approve an operating levy increase of $433 per student to maintain current class sizes by retaining teachers and programs. This amount maximizes the state's contribution to the school district, minimizes impact on local tax payers and may provide opportunities to slightly lower class size by adding teachers and programming. g) Potential Property Tax Impacts School Finance Director Houska stated for a home valued at$225,000 the school facility bond would cost the taxpayers$8.67 per month or$104 per year. The operating levy would cost the tax payers$15.25 per month or$193 per year. The Council Minutes(Regular) July 20,2015 Page 4 total tax increase for the school district would be$23.92 per month or$287 per year. City Finance Director Hanson stated the city is on a different calendar than the school district and is working on the 2016 budget and council will be asked to approve a preliminary tax levy in September. At this point on a$225,000 home, a 3.99%tax levy increase would be$41.48 per year or$3.46 per month. A 4.8% tax levy increase would be$51.13 per year or$4.26 per month. 13. COUNCIL ROUNDTABLE Councilmember Pitcher: Thanked both administrations for arranging the meeting. He thanked the Fire Relief Association and the Fire Fighters Auxiliary for their donations so the fire department can have radios for each fire fighter. Councilmember Bartholomay: Thanked both administrations for the meeting tonight. The two groups have a great working relationship and also meeting outside of regular meetings. He thanked Dan Thelen for his 40 years of service on the fire department. Mayor Larson: Thanked everyone for attending the meeting. He encouraged residents to shop local. Member Cordes: Thanked the city council for hosting the joint meeting and the two administrations for arranging it. The only way for our two governments to succeed is to work together. Member Sauser: Was grateful for the opportunity to work together. They addressed some very important items tonight such as incorporating a board member into the EDA as well as being invited to work on the comprehensive plan. It shows one more step of the combined effort to work together. Member Beem: Thanked the administrations for this meeting. It will be good to be involved in the EDA and the comprehensive plan. Member Corraro: This is a great opportunity and looked forward to the partnerships. It has been a pleasure meeting with councilmembers outside of regular meetings. Member Lee: Appreciated the updates and the city hosting this meeting. Both groups have been working a number of years to strengthen the relationship and this shows the cooperation that is happening. Chair Singewald: Appreciated both administrations coordinating this meeting and the opportunity to come together as a village on how to best serve the community. 14. ADJOURN MOTION by Lee, second by Corraro to adjourn at 8:11 p.m. APIF,MOTION CARRIED. Council Minutes(Regular) July 20,2015 Page 5 MOTION by Bartholomay, second by Pitcher to adjourn at 8:11 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant Council Work Session Minutes July 20,2015 Mayor Larson called the work session to order at 5:02 p.m. Present: Larson,Bartholomay, Bonar,Donnelly, Pitcher Also Present: David McKnight, City Administrator; Robin Hanson,Finance Director;Adam Kienberger, Community Development Director;Randy Distad,Parks and Recreation Director; Kevin Schorzman, City Engineer; Cynthia Muller, Executive Assistant MOTION by Bonar, second by Pitcher to approve the agenda. APIF,MOTION CARRIED. 2016 Budget The tax levy in June had a 9.4% increase as a starting point. It has been reduced to a 3.99% increase over 2015. The net tax levy would be$9,529,861. Some of the larger reductions included adjustments for contract negotiations,benefits, etc., elimination of one and a half positions,the placeholder for the fire inspector position has been eliminated. There is a$20,000 reduction in the transfer to the EDA and a$75,000 to be determined position reduction. There is also a one-time utilization of future MSA maintenance dollars for$200,000. Mayor Larson was concerned with the elimination of people and the$20,000 reduction to the EDA. We want economic development and we are pulling money away from it which doesn't make sense. This budget sets Farmington back instead of ahead. All we can do is add another percent to the budget to keep that position and the EDA levy. We have to be done eliminating positions. Councilmember Bartholomay also disagreed with the$20,000 cut to the EDA. Cutting positions is tough because next year will be worse. He felt we have cut all the positions we can. It is hard to ask for more taxes when more rooftops are not being built, but we can also move backwards if we cut too much. His top tax increase would be 4.96%. Councilmember Pitcher agreed cutting positions is very tough. Regarding the$20,000 reduction in transfer to the EDA,the transfer should be$40,000 or more. Any balancing of the tax income and residential will take time. We have to do what we can to bring in more businesses and support our current ones. Bringing the tax increase to 4.81%would restore a position and have a positive impact. Councilmember Bonar agreed the reduction in transfer to the EDA is not in our best long term interest. In the survey he did not recall that residents spoke to the level of service. He decided to move forward with the reductions as presented. Councilmember Donnelly agreed we are going backwards if we keep cutting. The 195th Street project is a big part of this,but people are getting something for it. We are already not filling two positions,but also cutting another position and reducing the EDA transfer. He agreed going Council Work Session Minutes July 20,2015 Page2 to a 4.9%increase. We want to move forward. He agreed with not cutting the position and putting the$20,000 transfer back in the EDA. City Engineer Schorzman stated we have the opportunity to use some of the MSA funds received for 195 Street to help the 2016 budget. We receive a$550,000 reimbursement each year from 2016 through 2020 and$250,000 in 2021. We can use this to reduce the amount we bond for the 195th Street project and do an internal loan for part of it. We would use$304,000 of the $550,000 to make the loan payment. Then $200,000 we could put towards the debt levy to take care of other road project debt that has already occurred. Council agreed with using MSA dollars for the 2016 budget. 195th Street Financing The city's share of the 195th Street project is$5.8 million to be paid this fall. Staff recommended using$1 million in MSA funds, use$1,645,000 as an interfund loan and the bond amount would be$3,155,000. The public hearing for the bond sale would be in mid-August and would close mid-October. Staff will also be asking for a review of our bond rating in hopes of going from AA-to AA. 2016 Budget There are still some areas yet to be finalized for the budget. These include LGA, fiscal disparities, data processing charges,human resource costs and debt repayment obligations. Staff gave a history of tax levy changes which in the last six years have ranged from a 0% increase to 4.96%increase. The estimated market value for residential homes is expected to increase from $199,426 to $213,155, an increase of 6.88%. For 2016,based on 3.99%the average tax increase is$41.48 per year. With 4.81%the increase is$51.13 per year. This is based on an average$225,000 home. This average was used to match the school district's average home. Special Revenue Fund Budgets—These include the EDA, TIF-City Center, Park Improvement and Arena. Council expressed their desire to restore the EDA transfer to$40,000. There are two years left on the City Center TIF. Once the final payment is completed in 2016, we can close that district. Any residual funds will go back to the county for redistribution between the city, school district and the county. As much of the funds as possible will be used on the Downtown Redevelopment Study. The park improvement fund has money in 2016 for the Troy Hills Park. Liquor store transfers of $40,000 will be used for completion of the trail along Highway 3. The arena budget anticipates a rate increase July 1, 2016, and the continuation of summer ice. In 2017 staff is recommending the replacement of the current propane ice resurfacer with an electric resurfacer. With the FYHA donations,the city's annual transfer of$20,000 and a potential Council Work Session Minutes July 20,2015 Page3 Mighty Ducks grant we will have those funds on hand. We should also be able to sell the propane resurfacer. Council asked about the road and bridge fund and roads showing wear,when will they be added into the CIP and how long can we wait. Staff explained the road and bridge fund is dedicated to make sure the related bonds are paid and whatever money is left is projected to go into the CIP. The next project in the CIP is in 2019 which is 2nd Street and Hickory for a full reconstruction. After that,projects are scheduled every other year. Capital Project Funds—This includes sanitary sewer trunk, cable communications,road and bridge, fire, storm water trunk, rambling river center and arena capital projects,private capital, permanent improvement revolving, general capital equipment and the maintenance fund. Regarding the road and bridge fund,we have an operating transfer in where an internal loan was done to pay off some bonds early. The final payment is coming through the debt levy in 2016. The fire capital projects fund was discussed last week. A budget neutral proposal for the fire CIP was approved. The storm water trunk will be the source for internal loans and refunding some bonds due in February 2016. General capital equipment contains money set aside to take care of equipment. Specifically two new squad cars purchased each year in the replacement plan and a proposal for$70,000 to cover the gap in the CIP for vehicles. The maintenance fund contains$350,000 set aside each year for seal coating. There is$15,000 being proposed in 2016 for building and$30,000 for trail maintenance funds. Enterprise Fund—Includes liquor stores, sewer, solid waste, storm water and water. The liquor store budget reflects the one half-time position of a liquor store support person approved earlier this year. There are increased IT services costs for PCI compliance. The transfer out of$40,000 is reflected in the park improvement fund. Due to increased operation costs, income levels will be less than in the past. There is a proposed sewer rate increase for January 1,2016. There is also a placeholder of $750,000 in professional services in the event the sewer line extension on the north end anticipated for 2015 gets delayed. There is a remaining$100,000 for professional services to update the sanitary sewer plan. The MCES fees from the Met Council are yet to be determined. In solid waste we are anticipating replacing the 2004 rapid rail truck for$295,000 and will be paying cash for it. Storm water had a rate increase January 1,2015. There is$100,000 in professional services to update the waste management plan and the Akin Road drainage design. Council Work Session Minutes July 20,2015 Page4 The water fund includes a rate increase effective January 1, 2017. 2007A Bond Refunding These bonds are redeemable on February 1,2017, and were used to finance city hall and the 1St Street garage. At that time there will be just under$6.5 million in bonds outstanding. We can issue refunding bonds now,they would sit in escrow until February 1, 2017. At that time we would pay those bonds off and the new bonds would replace them. We would borrow at 3% interest. The negative investment earnings would be$172,000. Staff is estimating the city can save$340,000 by doing a refunding now. We would still be under the same rules for renting the upstairs expansion area. The city council will continue to discuss the two options available at their work session on August 10, 2015. MOTION by Bartholomay, second by Bonar to adjourn at 6:35 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 411°4 City of Farmington (1%4 430 Third Street Fammngton,Minnesota *1 651.280.6800 -Fax 651.280.6899 •�° www cifarmmgton.mmaus TO: Mayor,Cotincnlmembers and City Administrator FROM: Cynthia Muller,Executive Assistant SUBJECT: Adopt Resolution Approving Gambling Event Permit Athenas Canine Companions-Administration DATE: August 3,2015 INTRODUCTION Athens Canine Companion is requesting a Gambling Event Permit for a rattle to raise Inds to provide trained service dogs for veterans. DISCUSSION Per Minnesota Statute 349.166 and pertinent City Code,a Gambling Event Permit nest be issued by the city for this type of event. An application has been received,along with the appropriate fees. BUDGET IMPACT Gambling fees are included in the revenue portion of the 2015 budget. ACTION REQUESTED Consider the attached resolution granting a Gambling Event Permit to Athenas Canine Companions,to be hekl at 18040 180th Court West on August 4,2015. ATTACHMENTS: Type Description ❑ Resolution Resolution RESOLUTION NO. R35-15 APPROVING A MINNESOTA LAWFUL GAMBLING EVENT PERMIT APPLICATION FOR ATHENAS CANINE COMPANIONS Pursuant to due call and notice thereof,a regular meeting of the City Council of the City of Farmington,Minnesota,was held in the Council Chambers of said City on the 3rd day of August 2015 at 7:00 p.m. Members Present: Larson,Bonar,Pitcher Members Absent: Bartholomay,Donnelly Member Bonar introduced and Member Pitcher seconded the following: WHEREAS,pursuant to M.S.349.166,the State of Minnesota Gambling Board may not issue or renew a Gambling Event Permit unless the City Council adopts a resolution approving said permit; and, WHEREAS,Athenas Canine Companions has submitted an application for a Gambling Event Permit to be conducted at 18040 180th Ct W,on August 4,2015,for Council consideration. NOW,THEREFORE,BE IT RESOLVED by the Farmington City Council that the Gambling Event Permit for Athenas Canine Companions,to be held at 18040 180th Ct W,is hereby approved. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of August 2015. Mayor Attested to the V's" day of August 2015. c1 G 4., Administrat r SEAL AU Rift, City of Farmington a p_ 430 Third Street Farmington,Minnesota a 651.280.6800 -Fax 651.280.6899 '*,Ao`' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Kevin Schorzman, City Engineer SUBJECT: Adopt Resolution-195th Street Project Parking Restrictions-Engineering DATE: August 3, 2015 INTRODUCTION As the city council is aware,the 195th Street project is being partially funded by both County State Aid Highway(CSAH) and Municipal State Aid Street(MSAS)funds. Because of this,MnDOT reviews the plans to ensure that they meet minimum state aid standards. DISCUSSION Minimum state aid standards require that when the improvements do not provide adequate parking width, that parking be prohibited on the project. The plans do not provide adequate parking width,therefore a condition of the plan approval was that parking be prohibited within the project limits. 195th Street is classified by the county as a"minor arterial"roadway. As such, it functions more to move traffic rather than provide access to individual properties. This is evidenced by the fact that there are only a few individual driveway accesses onto 195th Street and they are all west of Exceptional Trail. Because the road is intended to move traffic rather than provide access,the project was designed to intentionally not provide adequate width for parking. As part of the project,roundabouts are being constructed at the 195th Street intersections with Flagstaff Avenue,Pilot Knob Road, and Akin Road. Because parking is not appropriate on the approach to these types of intersections,the plans do not provide for adequate parking width on the north/south approaches to the roundabouts. The attached resolution prohibits parking in the following locations: • 195th Street from Flagstaff Avenue to Akin Road(as part of the 195th Street bridge project in 2008,parking was prohibited from Akin Road to TH-3) • One thousand feet north and south of the 195th Street intersection on Flagstaff Avenue • Akin Road from 193rd Street to 198th Street It should be noted that parking is currently prohibited on Pilot Knob Road from 943 feet south of the 195th Street intersection to the north city limits. BUDGET IMPACT None. No parking signs for these locations were included in the 195th Street project plans and will be installed as part of the project. ACTION REQUESTED Adopt the attached resolution prohibiting parking on 195th Street from Flagstaff Avenue to Akin Road, on Flagstaff Avenue one thousand feet north and south of the 195th Street intersection and Akin Road from 193rd Street to 198th Street. ATTACHMENTS: Type Description C► Resolution 195th Street No Parking Resolution LI Exhibit 2008 195th Street No Parking Resolution © Exhibit 1997 Pilot Knob Road No Parking Resolution RESOLUTION NO.R36-15 PROHIBITING PARKING OF MOTOR VEHICLES ON 195TH STREET FROM FLAGSTAFF AVENUE TO AKIN ROAD,FLAGSTAFF AVENUE 1000 FEET NORTH AND SOUTH OF THE CENTER OF THE INTERSECTION OF 195TH STREET, AND AKIN ROAD FROM 193RD STREET TO 198TH STREET Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota,was held in the Council Chambers of said City on the 3rd day of August,2015 at 7:00 p.m. Members present: Larson, Bonar,Pitcher Members absent: Bartholomay,Donnelly Member Bonar introduced and Member Pitcher seconded the following resolution: WHEREAS, Dakota County and the City of Farmington have planned the reconstruction of 195th Street from Flagstaff Avenue to Diamond Path in the City of Farmington,Minnesota; and WHEREAS, the project will also reconstruct portions of Flagstaff Avenue, Pilot Knob Road, and Akin Road; and WHEREAS, MnDOT, Dakota County and the City of Farmington will be expending State, County and Municipal State Aid Funds on the improvement of these streets; and WHEREAS,these improvements do not provide adequate width for parking on the streets; and approval of the proposed reconstruction as a County State Aid Highway and Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions; and WHEREAS, on November 17, 1997, council adopted resolution R124-97, prohibiting parking on Pilot Knob Road(CSAH 31)from 943 feet south of the intersection of 195th Street to the north city limits;and WHEREAS, on April 7, 2008, council adopted resolution R20-08, prohibiting parking on 195th Street from Akin Road to Deerbrooke Path and 190m Street from Deerbrooke Path to T.H. 3. NOW THEREFORE, BE IT RESOLVED THAT: The City of Farmington hereby restricts and prohibits the parking of motor vehicles on 195th Street from Flagstaff Avenue to Akin Road, Flagstaff Avenue one thousand (1,000) feet north and south of the center of the Flagstaff Avenue/195th Street intersection,and Akin Road from 193rd Street to 198th Street, and directs the City staff to erect appropriate signage notifying the public of the parking restriction,and enforce the parking restriction. This resolution adopted by recorded vote of the Farmington City Council in open session on the 3rd day of August,2015. Mayor Attested to the ` ` day of August,2015. A r Ci - dministrato SEAL RESOLUTION NO.R20-08 PROHIBITING PARKING OF MOTOR VEHICLES ON 195w STREET FROM AKIN ROAD TO DEERBROOKE PATH,AND 190TH STREET FROM DEERBROOKE PATH TO T.H.3 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Council Chambers of said City on the 7th day of April, 2008 at 7:00 p.m. Members present: Pritzlaff,Fogarty,McKnight,Wilson Members absent: Soderberg Member Fogarty introduced and Member McKnight seconded the following resolution: WHEREAS, Dakota County and the City of Farmington have planned the extension of 195th Street from its current eastern terminus east of Diamond Path to T.H. 3 in the City of Farmington,Minnesota;and WHEREAS, the new roadway will be designated as 195th Street west of Deerbrooke Path, and will be designated as 190th Street east of Deerbrooke Path to T.H.3;and WHEREAS, MnDOT, Dakota County and the City of Farmington will be expending State, County and Municipal State Aid Funds on the improvement of this Street;and WHEREAS, this improvement does not provide adequate width for parking on the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE, BE IT RESOLVED THAT: The City of Farmington hereby restricts and prohibits the parking of motor vehicles on 195th Street from Akin Road to Deerbrooke Path, and on 190th Street from Deerbrooke Path to T.H. 3 at all times,and directs the City staff to erect appropriate signage notifying the public of the parking restriction, and enforce the parking restriction. This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of April,2008. Ver,4"TY/14901 Acting Mayor Attested to the s"4-ti day of April,2008. City A. -.I .strator SEAL RESOLUTION NO. R 124-97 RESOLUTION BANNING PARKING ON BOTH SIDES OF CSAH 31 FROM CSAH 50 TO 2,763 FEET NORTH OF CSAH 50 AND FROM 943 FEET SOUTH OF CO. RD. 64 (195TH ST. W.) TO THE NORTH CITY LIMITS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,Minnesota, was held in the Civic Center of said City on the 17th day of November, 1997 at 7:00 P.M. The following members were present: Ristow, Gamer, Fitch, Cordes, Strachan The following members were absent: none Member Fitch introduced and Member Strachan seconded the following resolution: WHEREAS, the City and Dakota County have planned the improvement of County State Aid Highway(CSAH) 31 from County State Aid Highway(CSAH)50 to the north City limits of Farmington ;and WHEREAS, the County will be expending County Regular and Municipal State Aid funds on the improvement of this highway; and WHEREAS, curbed portions of this improvement between CSAH 50 and the north City limits do not provide adequate width for parking on both sides of the road; and approval of the proposed construction as a State Aid Project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington, Minnesota,that the City Council shall ban the parking of motor vehicles on both sides of CSAH 31 from CSAH 50 to 2,763 feet north of CSAH 50 and from 943 feet south of County Road 64(195th St. W.)to the north City limits of Farmington at all times. This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of November, 1997. , P Q.. Mayor Attested to the 11114- day of , 1997. SEAL /-2(_■ Ch Administrator 5 FkV , City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 " ,4 ,S`' www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Bills-Finance DATE: August 3,2015 INTRODUCTION Attached are the bills for the dates July 14,2015 through July 29,2015 in the amount of$806,429.06 for your consideration and approval. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED If the city council is comfortable with the attached bills, a motion should be made to approve the bills for the period of July 14,2015 through July 29,2015 in the amount of$806,429.06. ATTACHMENTS: Type Description El Exhibit List of Bills a 0 . `d 0 a a S' o 0 0 0 o o g o 0 O o a o 0 o a o of 0 a Qv o o °o • r U o a o 0 a N. a r P o m m m ,a a g S a 0 o 8 0 0 a Q u O a K a W K w w a. a y O ? Z o m CO V U ! ali. z z° F Q of O z z z z co co z a z o w O. U I- o 0 0 0 0 O. 0 a c4 CC 3 w w p p U - a z d M 7U d 0 0 Z 0 oq D aaj � a K CCD co 0 7 7 m k 4L 7 7 7 7 co co W �Z F�- U U En 0 en O 0 U U 50 p, 55 0500 CO CO 00 0 a 10 a W W 2 C 0300 tP J J 0 J Q a p OJ 7 Q Q J 0 J J I } O F. aa. 131 it O a a o o o W a to Q O a K K K O O u a a s O a a 5 0 a. co co m` a 3 yl o to LO 0 c N < P I- 2 2. •b-• O o in r a a a N a b O m 0 0 O I P P 0 m in � ▪ < a s ° ti r < M N g § o g r o o 0 r < < N it V' m m m N m M LL .0 u.. 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City of Farmington f� p 430 Third Street Farmington,Minnesota Al; - o 651.280.6800 -Fax 651.280.6899 ' ,„ www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Robin Hanson SUBJECT: Financial Review—June 2015 YTD DATE: August 3,2015 INTRODUCTION The draft financial results for the first six months of 2015, including actual versus budgeted comparisons, are attached for your review.After six months, assuming revenues were received and expenditures made proportionately throughout the year,you would expect revenues and expenditures to be approximately 50%of their annual budget amounts.As you review the attached financial reports,the following notes will provide explanations for the more significant variations from budgeted expectations. DISCUSSION General Fund Revenues Year-to-date General Fund revenues total$4.9 million or 47%of budgeted amounts. Property Taxes—Property taxes represent 81%of the city's total budgeted General Fund revenues. The first installment of the 2015 taxes was received. Of the amount recorded, $60K represents debt levy for the repayment of the fire truck loan and$40K of previously delinquent taxes were collected. Licenses—At 67%, license revenue is ahead of pro-rata budget amounts. When compared to 2014, the amounts are$15K less.The details reveal the 2015 animal licenses are less than 2014,because 2015 is the second year of the two year renewal license period.In addition residents have the option to purchase lifetime animal licenses. In 2015 liquor licenses are down, due to the timing of when customers paid for their liquor licenses and one less business selling liquor. Other license revenue is down due to non-renewals and proper classification in 2015. Permits—Building,plumbing and heating, sewer and utility permit revenues are less than last year and behind the 2015 pro-rata budgeted amounts. Building activity is slower.To-date there are 22 fewer permits(62 in 2014 and 40 in 2015). In light of the significant variance in the building permits line item, staff is continuing to review the projected revenues and expenditure for the remainder of the year and will make a recommendation to council at its next regularly scheduled meeting as to whether or not a 2015 budget amendment is needed. Intergovernmental—Similar to last year,the LGA and Police Aid amounts will be received later in the year. Investment Income—Rather,than being allocated based on proportional budgeted amounts for a few funds, investment income is being allocated based on month-end cash balances across all city funds. The General Fund is benefiting from having a higher month-end cash balance than it has in the past. For some context, five years ago the general fund cash balance as of June 30, 2011 was negative $327,631. As of June 30,2015,the balance is$2.1 million. In addition the amount of actual investment income available for allocation is higher than was budgeted. Miscellaneous Revenues—On a day-to-day basis,this line item is primarily for rental income.2015 rental income is lower than 2014 primarily due to rental income from the library;this was available in 2014 during their remodeling project. In 2015,this line item also reflects the city's decision to utilize$81K of its existing fund balance to pay for increased human resource costs in the fire department($60K)and the carryover of a 2014 building project for the fire department(fire station#1 concrete apron replacement for$21K)to 2015. General Fund Expenditures The year-to-date General Fund expenditures for 2015 total $4.9 million or 46%of budget. The more significant reasons for the variance are as follows: Planning—Year-to-date expenditures are 72%of budget,the higher than expected amount relates to a personnel settlement with a former employee. Fire—While in line with budget,the year-to-date 2015 expenditures are$103K higher than 2014 year -to-date(i.e. spending sooner in 2015,than we did in 2014). Of this amount$34K represents higher human resource costs, $33K in higher uniform costs(new Chief and turnout gear)and the remaining $36K was spent across many line items to address deferred and ongoing operational needs. Snow Removal—Year-to-date amounts are significantly less than last year. The first four months of 2015 were much milder than the same time period in 2014. General Fund,Fund Balance During the first six months of 2015 the fund balance in the General Fund increased approximately $212,000 to approximately$4.3 million or 37.6%of the 2015 budgeted General Fund expenditures. The historical General Fund Fund Balance chart is included in your packet. Other Funds Rambling River Center(Included in the General Fund) Overall,the Rambling River Center revenues appear to be comparable to the previous year-to-date amounts. In addition,there is approximately$3,400 in CDBG funds attributable to the Rambling River Center,which is not recorded here;those amounts are included in the intergovernmental revenue federal grants line item,because they need to be tracked separately. The 2015 year-to-date expenditures are$2K higher than 2014. During the 1St quarter of 2014,while Missie was training Nicole in her new position,both Missie and Nicole's time was charged to the RRC. During the 2nd quarter of 2015 Cindy was in Finance assisting with utility billing. This is offset by higher programming expenses related to increased shared programming with Apple Valley and Lakeville. Pool(Included in the General Fund) The year-to-date revenues are similar to the prior year.The 2015 expenditures are approximately$10K less than 2014. In 2014 the city had repairs to the pool's handrails and filter and had to replace the pool vacuum. EDA—Special Revenue Fund Expenditures are significantly higher than budgeted due to the$19K payment to Dakota Co Lumber for improvements made to their building. In April 2015,the city received the$19K CDBG reimbursement from the county for the Dakota Co Lumber project. Ice Arena—Special Revenue Fund Increased revenues in the second quarter and cumulatively relate to summer ice programs. Enterprise funds Liquor Operations Neither liquor store met their individual gross profit benchmark of 25%. Through June the downtown liquor store was at 24%and the Pilot Knob liquor store was at 24.7%. The stores are experiencing increased competitive pressure from neighboring communities and the traffic flow disruption of the 195th street project. Staff continues to closely monitor sales prices and when buying inventory works to take advantage of vendor sales and quantity discounts to maximize profit margins. The majority of increased expenditures relate to security camera upgrades;the fact that the community investment transfers are being done pro-rata throughout the year in 2015,rather than at the end of the year;and that net sales are lower at both stores. Sewer Fund The increase in 2015 expenses when compared to 2014 is primarily attributable to the budgeted increase in MCES (Metropolitan Council Environmental Services) fees and a new service vehicle. Solid Waste The 2015 increase in expenditures is related to higher recycling costs from Dick's for residential properties, including townhomes, an increase in the amount of commercial recycling, increased disposal fees from Resource Recovery and the purchase of new garbage containers. In addition the city has disposed of nearly 100 tons more in the first six months of 2015,when compared to the same time period in 2014. Storm Water The increase in expenses,when compared to 2014, is related to pond dredging($46K) and the 195th street reconstruction project($165K). Water Revenues consist of not only water bills,but also special assessments, permits, water availability charges, interest on investments,marked-to-market on investments and rental income. The water availability charges are less than 2014 due to fewer building permits. The 2015 net interest income amounts are less than 2014. Current year amounts are allocated based on actual month-end cash balances.Past practice was to allocate in accordance with budget allocation. The 2015 rental income is higher than 2014,because the new lease with Verizon started in September 2014,which means the revenues for this lease were not in effect during the first six months of 2014. For"all other revenues"in the Water Fund,this line item trends with building permit activity.As you know building permit activity is down and as a result these amounts are down when compared to the prior year. There is no one particular reason for the decrease in Water Fund expenses from the prior year. There are several individual line items that are lower than last year and several line items that are ahead of where they were as of June 30, 2015. ACTION REQUESTED Review the financial reports and answer any questions. 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I I I . 14 d . 1111 ! _ iJjt! 1 • m a m N 8 iii u) 4FN,yA City of Farmington 430 Third Street Farmington, Minnesota wo- 651.280.6800 -Fax 651.280.6899 o : www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Adam Kienberger, Community Development Director SUBJECT: CDBG Commercial Rehabilitation Grant-Farmington Bakery DATE: August 3,2015 INTRODUCTION Staff has received a completed application from David and Gina King, Sweet Advantage Inc. dba Farmington Bakery for a Commercial Rehabilitation Grant for the building they own in Downtown Farmington(212 Oak Street). Staff has reviewed the application and worked in coordination with the Building Official and the Dakota County CDA to recommend approval of a$13,250 grant for necessary improvements to eliminate conditions detrimental to public health and safety. The EDA reviewed this application and voted to recommend approval at their July 27, 2015 regular meeting. DISCUSSION Earlier this year,the EDA recommended,and the city council authorized application for the City of Farmington to allocate its 2015 CDBG allocation(estimated to be$42,717)to the Commercial Rehabilitation Grant program. This program has been very successful in Farmington over the past several years, and encourages local building/business owners to reinvest in public health and safety improvements in Farmington. A program summary is below: Grant funds may be available to assist local businesses and/or property owners who are making qualified improvements to eligible commercial properties that eliminate conditions that are detrimental to public health and safety. The following are examples of qualified improvements: correcting code violations, code improvements, and the correction of handicap accessibility issues.The intent of the grant program is to prevent the deterioration of commercial structures and discourage blight, encourage projects that correct code violations and to eliminate accessibility restrictions.Requirements of the program include, but are not limited to the following: • Applicant providing a 1:1 dollar match • Competitive bidding • Davis-Bacon Wage Act(payment of prevailing wages to contractors) The grant will cover new windows, façade repairs, an ADA accessible front door, and an ADA accessible cake viewing/meeting area. The grant amount requested is$13,250,with the applicant providing matching funds of at least$13,250. The renovations will address several health and safety building findings including, replacing an unsafe roof overhang,replacing rotted/leaking windows,replacing rotted and degraded stucco and trim due to water intrusion, lack of an ADA accessible door,and lack of interior ADA accessible counter space. BUDGET IMPACT $13,250 from Farmington's CDBG program funds. ACTION REQUESTED Approve the attached CDBG commercial rehabilitation grant agreement between the City of Farmington and David and Gina King(Farmington Bakery)funding the improvements outlined above. ATTACHMENTS: Type Description • Exhibit Farmington Bakery Grant Agreement © Exhibit Davis Bacon Wage Determination- Attachment B CI Exhibit Federal Labor Standard Provisions- Attachment C D Exhibit Standard Assurances-Attachment D City of Farmington Commercial Rehabilitation Grant Program Grant Agreement This agreement is made and entered into thisday of � %4 ,2015,by and between David and Gina King, Sweet Advantage Inc.dba Farmington akery at 212 Oak Street, Farmington,Minnesota(hereinafter referred to as"Grantee")and the City of Farmington,a public body corporate and politic,having its principal offices at 430 Third Street,Farmington, Minnesota(hereinafter referred to as"Grantor"). WHEREAS,the Grantor is a Subrecipient of Dakota County Community Development Agency in the County's Community Development Block Grant("CDBG")Program;and WHEREAS,the Grantor has established a Commercial Rehabilitation Grant Program funded by its entitlement of CDBG funds to assist businesses with the elimination of specific conditions detrimental to public health and safety;and WHEREAS,the Grantee has applied for Commercial Rehabilitation Grant funds to replace the rooftop HVAC system and related components at 400 Third Street Farmington,Minnesota;and WHEREAS,the Grantee has requested funding to assist with the installation of a new HVAC system;and WHEREAS,the Grantor has reviewed the Grantee's application and determined that the proposed rehabilitation project eliminates specific conditions detrimental to public health and safety. NOW THEREFORE,in consideration of the Grant and the mutual covenants contained herein, the parties agree as follows: 1. The Grantor agrees to provide a maximum of$13,250(thirteen thousand two hundred - and fifty dollars)in CDBG funds to the Grantee for replacing an unsafe roof overhang, replacing rotted/leaking windows,replacing rotted and degraded stucco and trim due to water intrusion,lack of an ADA accessible door,and lack of interior ADA accessible counter space(the"Project")to eliminate conditions detrimental to public health and safety. 2. The Grantee agrees to use the proceeds of the Grant solely for facade repairs,windows, front door,and ADA accessibility improvements outlined above. 3. The Grantee will provide the Grantor copies of the bids received for the Project prior to the award of bids. Grantee must solicit at least three businesses and obtain two competitive bids for all work to be done as part of the Project. 4. The Project shall be completed in a timely manner and all Grant funds must be used within one year from the date of the grant agreement("End Date"). The End Date may be extended beyond the original End Date up to one year,upon written approval of the Grantor. • 1 5. The Grantee will require all contractors to pay federal prevailing wages(Davis Bacon Act)to employees working on the Project. The wage determination for this project is General Decision Number: MN150034 07/17/2015 MN34(Attachment B) 6. The Grantee will require all contractors to submit weekly Davis Bacon payroll documents to the Dakota County CDA(contact:Lisa Alfson,Director of Community and Economic Development). Such payroll documents must be approved by the Dakota County CDA before reimbursement payments will be made to the Grantee. 7. Grant funds will be paid on a reimbursement basis only after all improvements have been completed according to the authorized scope of work and have been accepted by the Grantor. 8. The grant agreement will be terminated 90 days from the date of this Agreement if construction work has not yet begun. 9. The Grantee shall defend,indemnify,and hold harmless the officers and employees of the Grantor and the Dakota County CDA from all liability and claims for damages arising from bodily injury,death,property damage,sickness,disease,or loss and expense resulting from or alleged to result from Grantee's operations under this Agreement. 10. The Grantee agrees to keep in force at all times during the term of this Agreement a comprehensive general liability insurance policy covering any injury and/or property damage caused by any negligent act or omission on the part of the Grantee,its agents,or employees in the performance of or with relation to the work or services to be performed or furnished by the Grantee under the terms of this Agreement in an amount of $2,000,000.00. The Certificate of Insurance shall include the Grantor and Dakota County CDA as certified holders by endorsement. The Grantee further agrees to maintain worker's compensation coverage in accordance with state law. Certificates of Insurance evidencing such insurance policies shall be provided to the Grantor prior to initiation of the work under the Project activities covered by this Agreement and before any reimbursement of grant funds is made. 11. The Grantee agrees to comply with all local,state,and federal equal employment • opportunity laws and ordinances as they pertain to unlawful discrimination on account of • race,color,creed,religion,national origin,sex,sexual or affectional orientation,marital status,status with regard to public assistance,familial status,disability or age. 12. The.Grantee agrees to comply with other Federal CDBG contract provisions as detailed in Attachment A. 13. The Grantee agrees to comply with the Federal Labor Standard Provisions and Standard Assurances as detailed in Attachment C and Attachment D. 14. Grantee agrees that if there occurs any breach in the terms of this agreement after payment of CDBG funds that is not cured within 30 days or such longer period as may be necessary after written notice from the Grantor to the Grantee of such breach,the Grantor may take whatever action,including legal,equitable or administrative action,which may appear necessary or desirable to the Grantor,to enforce performance and observance of any obligation,agreement,or covenant of the Grantee under this Agreement. In addition, upon said breach and the failure to cure said breach within 30 days or such longer period 2 • • • as may be necessary after written notice from the Grantor to the Grantee of such breach, the Grantor shall have the option to require the Grantee to reimburse the Grantor CDBG funds,plus any expense incurred by the Grantor to include,but not necessarily be limited • to,administrative and legal expenses and any investment of CDBG funds. IN WITNESS WHEREOF,the parties hereto have hereby executed this Agreement as of the year and date above. GRANTOR: GRANTEE: CITY OF FARM NGTON 0 DAVID AND GINA KING BY. BY: ITS:71'77 ITS: 3 • ATTACHMENT A PROVISIONS FOR CDBG FUNDED CONTRACTS I. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246,as Amended (Applicable to Federally assisted construction contracts and related subcontracts of$10,000 and under.) During the performance of this contract,the contractor agrees as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed,and that employees are treated during employment,without regard to their race,color,religion,sex, or national origin. Such action shall include, but not be limited to,the following: employment,upgrading, demotion, or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. 2. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. 3. Contractors shall incorporate the foregoing requirements in all subcontracts. B. Executive Order 11245 (Applicable to Federally assisted contracts and related subcontracts of$10,000 and over.) 1. Section 202 Equal Opportunity Clause During the performance of this contract,the contractor agrees as follows: (A) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race, color,religion,sex,or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion,or transfer;recruitment,or recruitment advertising;layoff or termination,rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. (B) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration without regard to race,color,religion,sex,or national origin. • (C) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representatives of the contractor's commitment under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (D) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. (E) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules,regulations, and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records,and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and others. 4 • (F) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule,regulation,or order of the Secretary of Labor, or as otherwise provided by law. (G) The contractor will include the provisions of the sentence immediately preceding paragraph (A)and the provisions of paragraphs(A)through(G)in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions,including sanctions for non-compliance. Provided,however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (A) The Offer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (B) The goals and timetables for minority and female participation,expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: Goals for Women/Minority Participation 5%Overall Timetables: N/A These goals are applicable to all the Contractor's construction work(whether or not it is Federal or federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause,specific affirmative action obligations required by the specifications set forth in 41-CFR 60-4.3 (a),and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract,and in each trade,and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (C) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of the award of any construction subcontract in excess of$ 10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor;employer identification number;estimated dollar 5 • amount of the identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract;and the geographical area in which the contract is to be performed. (D) As used in this Notice, and in the contract resulting form this solicitation,the"Covered Area"is Dakota County,Minnesota. 3. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (A) As used in these specifications: (1) "Covered area"means the geographical area described in the solicitation from which this contract resulted; (2) "Director"means Director,Office of Federal Contract Compliance Programs,United States Department of Labor,or any person to whom the Director delegates authority; (3) `Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return,U.S. Treasury Department Form 941. (4) "Minority"includes: (a) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin,regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,Southeast Asia,the Indian Subcontinent, or the Pacific Islands):and • (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). (B) Whenever the Contractor, or any subcontractor at any tier,subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (C) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables)shall be in accordance with that for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. (D) The Contractor shall implement the specific affirmative action standards provided in paragraphs (G)(1) through (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female employees the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. (E) Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246,nor the regulations promulgated pursuant thereto. 6 (F) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.Department of Labor. (G) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its efforts to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following; (1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment • opportunities available,and maintain a record of the organizations'responses. (3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female refeual from a union,a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred,not employed by the Contractor,this shall be documented in the file with the reason therefore,along with whatever additional actions the Contractor may have taken. (4) Provide immediate notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under(G)(2)above. (6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at lease once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment,layof termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents,General Foremen,etc.,prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings,persons attending,subject matter discussed,and disposition of the subject matter. (8) Disseminate the contractor's FRO policy externally be including it any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs.Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training•by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (10)Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youths both on the site and in other areas of a Contractor's work force. (11)Validate all tests and other selection requirements where there is an obligation to do • so under 41 CFR part 60-3. (12)Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. (13)Ensure that seniority practices, job classifications, work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (14)Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15)Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers,including circulation of solicitations to minority and female contractor associations and other business associations. (16)Conduct a review,at least annually,of all supervisors'adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (H) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations [(G)(1)through(16)]. The efforts of a contractor association,joint contractor-union,contractor-community,or other similar groups of which the contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations as enumerated above provided that the Contractor actively participates in the group,makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. (I) A single goal for minorities and a separate single goal for women have been established. The Contractor,however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (J) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. 8 (K) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (L) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended,and its implementing regulations,by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. (M)The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph(G)of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. (N) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address,telephone numbers, construction trade, union affiliation if any, employee identification number assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (0) Nothing herein provided shall be constructed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 4. Segregated Facilities The Contractor or Subcontractor will not maintain any facility which is provided for their employees in a segregated manner or permit their employees to perform their services at any location under their control where segregated facilities are maintained except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. C. Section 503 Handicapped—Affirmative Action for Handicapped Workers (Applicable to Federally assisted contracts and related subcontracts if$2,500 or over.) 1. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment,upgrading, demotion or transfer,recruitment, advertising,layoff or termination,rates of pay or other forms of compensation,and selection for training,including apprenticeship. 2. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules,regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. • 4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices in a form to be prescribed by the Director,provided by or through 9 the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment,and the rights of applicants and employees. 5. The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The Contractor will include the provisions of this clause in every subcontract or purchase • order of$ 2,500 or more unless exempted by rules,regulations, or orders of the Secretary issued pursuant to Section 503 of the Act,so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions,including action for non-compliance. D. Section 402 Veterans of the Vietnam Era (Applicable to Federally assisted contracts and related subcontracts of$10,000 or over.) 1. Affirmative Action for Disabled for Disabled Veterans and Veterans of the Vietnam Era (A) The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and'veterans of the Vietnam Era without discrimination based upon their disability or veteran status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training,including apprenticeship. (B) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract,including those not generated by this contract and including those occurring at an establishment of the Contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of$10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service,but are not required to provide those reports set forth in paragraphs(D)and(E). (C) Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals for veterans and non-veterans. This listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants,and nothing herein is intended to relieve the Contractor from any requirements in Executive Orders or regulations regarding non- 'discrimination in employment. • (D) The reports required by paragraph(B)of this clause shall include,but not be limited to, periodic reports which shall be filed at lease quarterly with the appropriate local office or, where the Contractor has more than on hiring location in a State,with the central office of the State employment service. Such reports shall indicate for each hiring location(1) the number of individuals hired during the reporting period, (2) the number of non- disabled veterans of the Vietnam era hired, (3)the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period 10 • wherein any performance is made on this contract identifying data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract,during which these reports and related documentation shall be made available,upon request,for examination by any authorized representatives of the•contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings,recruitment and placement. (E) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each. State where it has • establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system when it is no longer bound by this contract clause. (F) This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states,the District of Columbia,Puerto Rico, Guam and the Virgin Islands. (G) The provision of paragraphs(B),(C),(D),and(E)of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. (H) As used in this clause: (1) "All suitable employment openings"includes,but is not limited to openings which occur in the following job categories: Production and non-production; plan and office; laborers and mechanics; supervisory and non-supervisory; technical; and executive administrative,and professional openings that are compensated on a salary basis of less than $ 25,000 per year. This term includes full time employment, temporary employment of more than 3 days duration,and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement or openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing,including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security,or where the requirement of listing would otherwise not be in the best interest of the Government. (2) "Appropriate office of the State employment service system"means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the areas where the employment opening is to be filled, including the District of Columbia,Guam,Puerto Rico,and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries,and the parent companies) and includes any openings which the Contractor proposes to fill from regularly established`recall"lists. (4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement"means employment openings which the Contractor proposes to fill from union halls,which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. (I) The Contractor agrees to comply with the rules,regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. (J) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules,regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. 11 • (K) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notice shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the rights of applicants and employees. (L) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the contractor is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act,and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. (M)The Contractor will include the provisions of this clause in every subcontract or purchase order of$ 10,000 or more unless exempted by rules,regulation,or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director_of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. E. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in,be denied the benefits ot;or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F. "Section 3"Compliance in the Provision of Training,Employment and Business Opportunities 1. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in,or owned in substantial part by persons residing in the area of the project. - 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR,Part 135 and all applicable rules and orders of the Department issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. 3. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding,if any,a notice advising the said labor organization of workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will,at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in a violation of regulations issued by the Secretary of Housing and Urban Development,24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3,the regulations set forth in 24 CFR Part 135,and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, 12 binding upon the applicant or recipient for such assistance,its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided,and to such sanctions as are specified by 24 CFR Part 135. IL CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding$100,000) A. During the performance of this contract,the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act,as amended,42 USC 1251 et seq.,and the regulations of the Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended. B. In addition to the foregoing requirements,all non-exempt contractors and subcontractors shall furnish to the owner,the following: 1. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any non-exempt contract or subcontract, is not listed on the list of Violating Facilities issued by the Environmental Protection Agency(EPA)pursuant to 40 CFR 15.20. 2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution • Control Act,as amended,(33 USC 1318)relating to inspection,monitoring,entry,reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. 3. A stipulation that as a condition for the award of the contract,prompt notice will be given of any notification received from the Director,Office of Federal Activities,EPA,indicating that a facility utilized,or to be utilized for the contract,is under consideration to be listed on the EPA List of Violating Facilities. . 4. Agreement by the Contractor that he will include, or cause to be included,the criteria and requirements in paragraph(1)through(4)of this section in every non-exempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. III. CERTIFICATION FOR CONTRACTS,GRANTS,LOANS,AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belied that: • • 13 A. No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. B. If any funds other than Federally appropriated funds have been paid or will be paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, `Disclosure Form to Report Lobbying,"in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontract, sub-grant, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction imposed by Section 1332,Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. • • 14 • http://www.wdol.gov/wdol/scafiles/davisbacon/MN34.dvb?v-4 • • General Decision Number: MN150034 07/17/2015 MN34 Superseded General Decision Number: MN20140034 State: Minnesota Construction Type: Building County: Dakota County in Minnesota. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Executive Order (HO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it • is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 03/27/2015 2 05/22/2015 3 06/12/2015 4 07/17/2015 * ASBE0034-009 06/01/2015 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings & finishes to all types of mechanical systems) $ 34.37 28.68 BO1L0647-007 01/01/2013 Rates Fringes BOILERMAKER $ 32.40 25.37 • * BRMN0001-049 05/01/2015 Rates Fringes TILE SETTER $ 29.30 20.39 BRMN0008-013 05/01/2014 • Rates Fringes BRICKLAYER $ 34.62 15.99 1 of 8 7/28/2015 8:20 AM http://www.wdol.gov/wdol/scafiles/davisbacon/MN34.dvb?v=4 CARP0068-002 06/01/2009 Rates Fringes LATHER $ 33.04 14.87 C2RP0322-004 05/01/2009 Rates Fringes CARPENTER (Including Acoustical Installation, Drywall Hanging & Form Work) Non Wood Frame Construction.$ 31.79 16.10 Wood Frame Construction $ 28.83 8.92 ELEC0110-013 07/01/2014 Rates Fringes ELECTRICIAN (Low Voltage, including wiring for Alarms) Installer $ 24.67 11.78+a+b Technician (Installation of Controller) $ 35.24 11.91+a+b FOOTNOTES: a. 1 year service - 5 days paid vacation; 2 years service - 10 days paid vacation; 5 years service - 12 days paid vacation; 7 years service - 14 days paid vacation; 9 years service - 16 days paid vacation; 11 years service - 18 days paid vacation; 12 years service - 20 days paid vacation b. 8 Paid Holidays: New Year's Day; Memorial Day; 4th of July; Labor Day;• Thanksgiving Day; Day after Thanksgiving; the normal work day preceding Christmas Day; & Christmas Day ELEC0110-014 05/01/2014 • Rates Fringes ELECTRICIAN $ 37.28 25.33 ELEV0009-002 01/01/2015 Rates Fringes ELEVATOR MECHANIC $ 44.93 28.385 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGI0049-042 05/01/2015 2 of 8 7/28/2015 8:20 AM http://www.wdol.gov/wdol/scafiles/davisbacon/MN34.dvb?v=4 Rates Fringes OPERATOR: Power Equipment GROUP 1 $ 37.74 17.15 GROUP 2 $ 37.40 17.15 GROUP 3 $ 35.99 17.15 GROUP 4 $ 35.65 17.15 • GROUP 5 $ 35.48 17.15 GROUP 6 $ 33.97 17.15 GROUP 7 $ 32.85 17.15 GROUP 8 $ 30.84 17.15 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Truck & Crawler Crane with 200' of Boom & Over, including Jib ($.50 premium with 300' of Boom & over, including jib); & Tower Crane 250' & Over. GROUP 2: Truck & Crawler Crane with 150' of Boom, up to but not including 200' of Boom, including Jib; & Tower Crane 200' & Over. GROUP 3: Traveling Tower Crane; Truck & Crawler Crane, up to but not including 150' of Boom, including Jib; Tower Crane (Stationary) up to 200'; All-Terrain Vehicle Crane, Boom Truck over 100 ft, Dragline. GROUP 4: Backhoe/Track/Trackhoe, Hoist (3 drums or more); Overhead Crane (inside building perimeter), Excavator. GROUP 5: Asphalt Spreader, Bulldozer, Curb Machine, Drill, Forklift, Compressor 450 CFM or over (2 or more machines); Boom Truck up to 100 ft, Loader over 1 cu yd, Hoist (1 or 2 drums) ; Mechanic, Milling Machine, Roller, Scraper, Tractor over D2. • GROUP 6: Bobcat/Skid Loader, Loader up to 1 cu. yd., Tractor D2 or similar size. • GROUP 7: Compressor 600 CFM or over, Crane Oiler, Self Propelled Vibrating Packer. GROUP 8: Oiler, Greaser (Tractor/Truck) . IRON0512-002 05/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL, REINFORCING, AND STRUCTURAL $ 35.50 23.45 LAB00132-006 01/01/2012 • Rates Fringes LABORER (ASBESTOS ABATEMENT) Removal from Floors, Walls & Ceilings $ 27.33 14.94 LAB00132-023 05/01/2012 3 of 8 7/28/2015 8:20 AM http://vvww.wdol.gov/wdoWscaftles/davisbacon/MN34.dvb?v=4 Rates Fringes LABORER Group 1 $ 28.46 15.82 Group 2 $ 28.96 15.82 LABORERS CLASSIFICATIONS GROUP 1 - Common or General Laborer, Asphalt Raker, Asphalt Shoveler, Carpenter Tender, Concrete Saw, Form Stripping, Mason Tender (Brick, Cement/Concrete) , Plaster Tender, Scaffold Builder (Brick and Masonry), Top Person, Vibrating Plate • GROUP 2 - Pipelayer, Bottom Person .PAIN0061-007 05/01/2014 Rates Fringes Drywall Finisher/Taper $ 32.18 18.01 Sander $ 24.14 18.01 PAINTER Brush, Roller $ 33.17 18.17 Spray $ 33.17 18.17 PAIN1324-006 06/01/2012 Rates Fringes • GLAZIER $ 35.69 13.95 PLAS0265-005 06/01/2014 Rates Fringes PLASTERER $ 30.02 19.62 • PLAS0633-054 05/01/2012 Rates Fringes CEMENT MASON/CONCRETE FINISHER $ 32.39 16.60 • PLUM0034-011 05/01/2013 Rates Fringes PLUMBER (Excluding HVAC Pipe Installation) $ 39.99 20.81 • FOOTNOTE: Paid Holiday: Labor Day PLUM0417-003 06/01/2013 Rates Fringes SPRINKLER FITTER (Fire) $ 40.08 21.00 4 of 8 7/28/2015 8:20 AM • http://www.wdol.gov/wdol/scafiles/davisbacon/MN34.dvb?v=4 • FOOTNOTE: Paid Holidays: Memorial Day; July 4th; Friday before Labor Day; Labor Day; Columbus Day; & Thanksgiving Day • PLUM0455-012 05/01/2013 Rates Fringes PIPEFITTER $ 39.98 23.18 R00F0096-022 05/01/2015 Rates Fringes • ROOFER $ 35.41 15.33 FOOTNOTE: Paid Holiday - Labor Day . SHEE0010-052 05/01/2009 • Rates Fringes SHEET METAL WORKER (Including HVAC Duct and System Installation) $ 38.46 18.34 FOOTNOTE: Paid Holiday: Labor Day TEAM0346-005 05/01/2015 • • • Rates Fringes TRUCK DRIVER 2-Axle Dump Truck $ 26.40 14.45 • 3-Axle Dump Truck $ 26.65 14.45 • SUMN2009-043 07/27/2009 Rates Fringes INSTALLER - SIGN $ 20.32 5.05 LABORER: Landscape $ 12.88 4.61 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) '(1) (ii) ) . 5 of 8 7/28/2015 8:20 AM http://www.wdol.gov/wdol/scafiles/davisbacon/MN34.dvb?v=4 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers • A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate • changes in the collective bargaining agreement (CBA) governing this classification and rate. • Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average • rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all • rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey,wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers • Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of 6 of 8 7/28/2015 8:20 AM • http://wwwwdol.gov/wdollscafiles/davisbacon/MN34.dvb7v=4 each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the • Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage •and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator • U.S. Department of Labor 200 Constitution Avenue, N.W. • Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. 7 of 8 7/28/2015 8:20 AM http://www.wdol.gov/wdol/sca.files/davisbacon/MN34.dvb?v=4 END OF GENERAL DECISION 8 of 8 7/28/2015 8:20 AM . Federal Labor Standards Provisions UPS.Department of Housing and Urban Development 1 . . . Office of Labor Relations : Applicability (1) The work to be performed by the classification The Project or .Program to which the construction wprk requested Is not performed by a classlficatlon in the wage • covered by this contract pertains is•being assisted by.the determination; and United Atates of America and the tollowing Federal Labor (2) The classification Is utilized in the area by the ; Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide j assistance. fringe benefits, bears a •reasonable relationship to .the # A. 1. (i) Minimum WageS. All laborers and mechanics wage fates contained in the'wage determination. . ! employed or working upon the site of the work',will be paid (b) if the contractor and the laborers and mechanics to be 1 unconditionally and not less often than once a week, and employed in the classification (if known), or their Without subsequent deduction or rebate on any account representatives, and Hp or its designee agree on the (except such payroll deductions as are permitted by classification and wage :rate (including the amount regulations, Issued by.the Secretary of Labor under the designated for fringe benefits where appropriate), a report I Copeland Act (29 CFR Part 3), the full amount,of wages of the action taken shall be sent by HUD or ifs.designee to and bona fide fringe benefits for cash'equivalents thereof) the Administrator of the Wage and Hotar Division,. due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor,Washington, D.C. 20210. The Administrator, or an I Secretary of Labor which Is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action Within 30 which may be alleged to exist between the contractor and days of receipt,and so advise HUD or its 'designee or will i such laborers and mechanics. Contributibhs made or notify HUD or its designee Within the 30-day period that 1 costs reasonably anticipated for bona fide fringe benefits additional time is necessary. I ry. (Approved by the Office of Under'Section 1(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under 0MB control number 1215- f laborers or mechanics are cdnsidered wages paid to such 0140.) laborers or mechanics,.subjedt to the provisions of 29•CFR (c) in the event the contractor, the laborers or mechanics 5.5(a)(1)(iv); aiso, regular contributions. made or costs to be employed in the classification or their Incurred for more than a weekly period (but not less often representatives, and HOD or Its designee do not agree on •• than quarterly) under plans, funds, or programs, which cover the particular weekly period, ire deemed to be the proposed classification and wage rate (including the constructively made or incurred during such weekly period. amount designated for fringe benefits, where ap-procludi g HUD or its designee shall•refer the questions, including • Such laborers and mechanics shall be paid the•approprtate the views of ail interested parties and the recommendation wage rate and fringe benefit's on the wage determination of HUD or its designee, to the Administrator for for the classification of Work actually' performed, without determination. 'The Administrator, or an authorized regard to skill, except as provided In 29 CFR 5.5(a)(4). representative, will issue a determination within 30 days of • Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or •will notify ` classification may be compensated at the rate specified for HUD or its designee 'within the 30-day period that each classification for the time actually Worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in Whien 1215-0140.) work is performed. The wage determination'(including any • ' additional classification and wage rates conformed under (d) The wage rate (including fringe benefits where • 29 CFR 5.5(a)(1)(il) and the Davis-Bacon poster (WH- appropriate) determined pursuant to sgkparagraphs 1321) shall be posted at all times by the contractor and its (1)(ii)(b) or (c) of this paragraph, shall be paid to all subcontractors at the site of the work Ina prominent and workers performing work in the classification under this accessible, place Where it can be easily seen by the contract from the first day op which work Is performed in workers, the classification. i (if) (a) Any class of laborers or mechanics which is not (iii) Whenever the minimum wage rate prescribed in the listed in the wage deterrrilnatlon and which is to be contract for a class of laborers or mechanics Includes a employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate,the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated In the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or'an.hourly cash equivalent thereof. have been met: (iv) If the contractor•does not make payments to a,trustee or other third person, the•contractor may consider as part • form HUD-4010(0602009) Previous editions are obsolete Page 1 of 5 ref;Handbook 1344.1 of the wages of any laborer or meclaa'nlo the amount of any communicated in wilting to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That 'the the actual cost incurred in providing such benefits, I Secretary of Labor hie found, upon the'written request of Contractors employing ap'p'rentices or trainees under the contractor.,that the applicable standards of the Davis- approved programs shall maintain.written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to 'set aside in a separate account trainee programs, the registratiori of the apprentices and assets for the Meeting of obiigatIons under the plan or trainees, and the ratios and wage rates prescribed In the program. (Approved by the 'Office of Management and applicable programs. (Approved by the 'Office of Budget under OMB Control Number 1215-0140.) Management and Budget Under OMB Control Numbers 2. Withholding. HUD Or its designee shall upon its own 1215-0140 and 1215-0017) action or upon written request of an authorized (ii) (a) The contractor shall submit weekly for each week representative of the. Department of Labor withhold or in which any contract work Is performed a copy Of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract.vlith the same prime the contract, but if the agency is not such a party,'the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant ;subject to Davis-Bacon prevailing Wage requirements, sponsor, or.owner, as the case may be,for transmission-10 which is held by the same prime contractor so much of the HUD or its designee. 'The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i)except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages Included on weekly transmittals. Instead the payrolls shall required by the coritrect in the event.of.fallure to pay anY only need'to include an.individually Identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security _number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired, designee may, after Written notice to the contractor, 'Optional Form'WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further Jrtto://wwie.dol.aov/esa/whd/forms/wh$471nstr.htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors nd subcontractors shall maintain The full I •a withheld for and on account of the contractor or social security number and current address of each I subcontractor to the respeciive.employees to whom they covered worker, and shall provide them upon request to are due. The 'Comptroller General shall make such HUD or Its designee If the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. .contractor will submit the payrolls to the applicant 3. (I) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be,for transmission to records relating thereto shall be maintained by the HUD or its designee,the contractor; or the Wage and Hour contractor during the Course of the work preserved for a Divtsiop of the Department of Labor for purposes Of an period of three years thereafter for all laborers and investigation or audit of coritpllance with prevailing wage mechanics working at:the site of the work. Such records requirements. It.is not a violation of this subparagraph for shall contain the habits, address, and social security a prime contractor lb require a subcontractor to provide • number of each such worker, his o,r her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission Of contributions or costs anticipated for bona'fide fringe to HUD or Its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted Shall be accompanied by a actual'wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages 'of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of,the persons employed under the contract reasonably anticipated in,providing.benefits under a plan, and shall certify the following: j or program described in'Section 1(b)(2)(B) of the Davis-. (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required 'to be provided under 29 CFR 5.5 show that the commitment to provide such benefits Is (a)(3)(i), the appropriate Information is being maintained enforceable, that the plan or program is financiaily under 29 CFR 5.5(a)(3)(i), and that such Information is responsible, and that the plan or program 'has been correct and complete; I Previous editions are obsolete ' - form HUD-4010(06/1.009) Page 2 of 5 ref.Handbook 13441 i I I 3 • (2) That each laborer or mechanic (including each helper, is not registered or otherwise:employed as stated above; apprentice, and trainee) employed on The contract during shall be'paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work ectua)ty earned, without rebate, either directly or indirectly, and performed.. in.addition, any apprentice performing work on that no deductions have been made .either directly or the 'Job site in excess of the ratio permitted under the Indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set'forth in 28 CFR Part 3: applicable wage rate on the wage determination for the i (3) That each laborer or mechanic has been paid not less work actually performed•. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program.is registered, the ratios and wage rates I .specified in the applicable Wage determination (expressed in percentages of the journeyman's hourly I Incorporated into the contract. rate) specified in the contractor's or subcontractor's (c) The weekly submission of a properly executed registered program shalt be observed. Every apprentice certification set forth on the reverse side of Optional Form' must be paid at not less than the rate specified In the WH-347 shall satisfy the requirement lot submission of.the registered•program for the apprentice's level of progress, °Statement of Compliance" requited by subparagraph expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. A.3.(1i)(ti). Apprentices shaft be paid fringe benefits In accordance (d) The faistfication.'of ahy of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, I. prosecution'Under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits ( 231 of Title 31 of the United States Code. listed on the wage determination for the applicable I (iii) The, contractor or subcontractor shall make the classification. If the Administrator determines that a t records required under subparagraph.A..3..(I) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized. .oia'ssificatioh,fringes shall be paid In accordance with that i representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State interview employee's during working hours on the job. If Apprenticeshi0 Agency recognized by the Office, the contractor or.subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize , may, after Written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicantor owner, take such action as may be necessary for the work performed Until an acceptable program is to cause the suspension of any further payment, advance, approved. Or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 6.16, required records upon request or to make such records trainees will not be permitted to work at less than the • s available may be grounds for debarment actions pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ",to and individually registered in a • 4. Apprentices and Trainees. progre'm which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, (I) A"ppren"tices. Apprentices will be permitted tb work at i less than the predetermined rate for the Work they Employment and Training Administration. The ratio of f performed when they are employed pursuant to and trainees to journeymen on the job Site shall not be greater individually registered In a bona tide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every,trainee must be paid it not less than the rate 4pecifled In the Employment and Training Administration, Office of } Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress. with a State Apprentlaestiip Agency recognized by the expressed as•a percentage elite journeyman hourly rate Office, or if a person is employed In his or her first 90 specified in the applicable Wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program.. If the trainee program registered in the.program, but Who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage . Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate)to be eligible for.probationary employment as Hour Dlvls(on determines that there is an.apprenticeship t an'apprentice. The allowable ratio of apprentices to program .associated with the corresponding journeyman t journeymen on the Job site in any craft classification shall wage rate on the wage determination which provides for I not be greater than the ratio permitted to the contractor as less than tu)I fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not worker.ilsted on a payroll at an apprentice wage rate, who registered and participating In a training plan approved by I.' Previous editions are obsolete form HUD-4010(06009) Page 3 of 6 ref.Handbook 1344.1 I . • • the Employment and Training'Administration shall be paid, awarded HIM contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to.24 CFR Part 24. determination for the work actually.performed. In addition, (iI) No part Of this contract shall be subcontracted to any any trainee performing work on the job site in excess•of person Or firrtt ineligible ;for award 'of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a),of the Davis-Bacon Act paid not less. than the applicable wage rate on the wage or 29 CFR'5.12(4(1) or to be awarded HUD contracts or determination for the work actually Performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration .(Iii) The penalty for making false'statements is prescribed . withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less then in the U.S, Criminal Code, 18 U.S.C. 1001. Additionally, the applicable predetermined rate for the work performed U:S: Criminal Code, Section 1 01 0 Title 16, U.S.C., until an acceptable program is_approved. "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . ... influencing in.any (III) Equal employment opportunity. The utilization of way the action of such Adrniriistration makes, utters'or apprentices,trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be.false shall be in. conformity with the equal employment shall be fined not more than $5;'000 or Imprisoned not opportunity requirements of Executive Order 11246, as niore.than two years, or both." amended, and 29 CFR Part 30. 91. ,Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requlrerhents. The • Employees. No laborer or mechanic to whom:the wage, contractor Shall comply with the requiretents of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are Incorporated by reference in this contract are applicable shall be discharged or in'any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert In any subcontracts the clauses contained in subcontractor because such employee 'has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or Its designee may by appropriate proceeding or has testified or 1s about to testify in any irtstruotions require, and a copy of the applicable proceeding. under or relating to the labor standards prevailing wage decision,•and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. 'Contract Work Hours and Safety Standards Act The subcontracts. The.prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subPontracto'r or lovier tier prime contract exceeds $100,000. As.used in this paragraph,the subcontractor with all the contract clauses in this terms"laborers"and"mechanics"•include watchmen and guards. paragraph: (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach 'of the contracting for any part of the contract Work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the • contractor and a subcontractor as, provided in 29 CO individual is employed on such work to work in excess of 40 hours In ' 5.12. auch 'workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon,and Related Act Requirements. compensation at a rate not less than one and one-half times the'basic All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked In excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference In this contract (2) violation; liability for 'unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out Of the labor standards provision's of this forth'in subparagraph (1) of this paragraph, the.contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such'Oscines shall be resolved In for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department 'of 'subcontractor shad be liable to the United States (in the Labor set forth in 29 CFR Parts 5. 8, and 7. Disputes case of work done under contract for the District of • within the meaning of this clause include disputes between Columbia •or a territory, to such DiStrict or to such the contractor (or any of its subcontractors):and HUD or territory), for liquidated damages. Such liquidated its designee, 'the U.S. Department of Labor, or the damages shall be computed with respect to each individual I employees'or their representatives. laborer or mechanic, including watchmen' and guards, ed in violation of the clause sat forth in 10, (i) C @rtifleatlon of Eligibility. By entering into this employed contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each she) nor any person or firm who has an interest in the calendar day on which such individual Was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment awarded Government contracts.by virtue of Section.3(a) of of the overtime wages required'by the.clause set forth in sub the Davis-Bacon Act or 29 CFR 5.1'2(a)(1) or to be paragraph(1) of this paragraph. ` Previous editions are obsolete form HUD-4010(0612009) Page 4 of 5 ref:Handbook 134.4.1 1 i 13) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action •or:upon written request of an authorized representative of the Department of Labor withhold br cause tb.be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours end Safety Standards Act which Is held by the same prime contractor *mar sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and .liquidated damages es provided in the clause set forth in subparagraph(2) of this paragraph. '(4) Subcontracts.. The contractor or subcontractor shall • insert in any subcontracts the clauses set forth in subparagraph (1)through (4) of this paragraph and also a clause requiring the subcontractors to Include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier'subcontractor•with the clauses "set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The,provisions of this paragraph C are applicable where the amount of the prime contract exceeds$100,000. ('1) No laborer or mechanic: shall be required to.work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shalt comply with all regulations issued by the'Secretary of Labor pUrsttarit to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USG. 3701 et sea. (3) The contractor shall Include the provisions of this paragraph..tn every'-subcontract so that Such provisions will be binding on 'each-subcontractor. The 'contractor shall take such action with respect to any subcontractor as the Secretary. of Housing and Urban 'Development or the Secretary of Labor shall direct as a means of enforcing such provisions. • Previous'editions are obsolete ' form'HUD-4010(06/2009) Page 5 of 5 ref.Handbook 1344.1 Revised 1017/99 STANDARD ASSURANCES 1. NON DISCRIMINATION. During the p'erforinance Of this Contract, the Contractor shall not unlawfully discriminate against any employee or applicant for employment because of race,color,creed,religion,sex,national origin,disability,sexual orientation;age, marital states or public assistance status. The Contractor will take affirmative•action to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination because of.their race,color,creed,religion,sex;national origin,disability,sextlal orientation,age,marital'states or public assistance status. Such action-shall include,but not be limited to the following: employment,upgrading, demotion,or transfer;recruitment or recruitment advertising;layoff-or termination;rates of pay or other forms of compensation;and selection.for training,lneluding.apprenticeship. The Contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices which set forth the provisions of this nondiscrimination-clause. The-Contractor Will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicant's'will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability,sexual orientation,age,marital status,or public assistance status. No funds received under this Contract shall be used to provide religious or sectarian training or Services. The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes,but is not meant to limit,laws which maybe applicable: • A. The Equal Employment Opportunity Act of 1912, as amended, 42 U.S.C. §2000e et sew. which prohibits discrimination in employment because of race,color,.re-ligion,sex or-.national origin. B. Executive Order 11246,as amended,which is incorporated herein by reference,and prohibits discrimination by U.S.Government contractors and subcontractors.because of race,color,religion,sec Or national origin. C. The Rehabilitation Act of 1973,as amended,29 U.S.C.§701 et seq.and 45 C.F.R.84:3(J)and(K)implementing Sec.504 of the Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally-funded.services or employment. D. The Age.Discrimination in Employment Act of 1967,29 U.S.C:§621 et seq.as amended,and-Minn.Stat.§181.81,which generally prohibit discrimination because of age. E. The.Equal Pay Act of-1963,as amended,§29 U.S.C.§206,which provides that an employer may not discriminate on the basis of sex by paying employees-of different sexes differently for the same work, F. Minn.-Stat.Ch.363,as amended,which generally prohibits discrimination because of race,color,creed,religion,national origin,sex, marital status,status with regard.to public assistance,disability,sexual orientation or age: G. Minn. Stat. 4 181,59-which prohibits discrimination against any person by reason of race, creed,-or color hi any 'state or political subdivision contract for materials,supplies or construction. Violation of this section is a misdetineanor and any second or subsequent violation Of these terms may be cause for forfeiture of all stuns due under the Centred. H. ,Ainerieans'with Disabilities Act of 1990,-42 U.S.C. §§12101 through 12213,47 U.S,C.§*225,611,with regulations at 29 C F.IL §1630,which prohibits discrimination against qualified individuals on the basis'of a disability in term,condition or privilege of employment. 2. DATA PRIVACY. For purposes of this Contract all data created,collected,received,stored,used,maintained,-or disseminated by Contractor in the performance of this Contract is subject to the requirements of the Minnesota Government Data Practices Act,Minn. Stat. Chapter 13 and the Minnesota Rules implementing the Act note in force or hereafter adopted as well as the Federal laws on data privacy,and Contractor•must comply with those requirements as if it were a governmental entity, The remedies in section 13.08 apply to the Contractor. Contractor does not have a duty to provide access to public.data to the.public if the public'data are available from the governmental agency (CDA), except as required by the terms of this Contract All subcontracts shall -contain the same or similar data practices Compliance requirements. • 3, RECORDS DISCLOSURE/RETENTION. Contractor's bonds,records,documents,papers,accounting procedures and practices, and other'evidences relevanfto this Contract are-subject Co the exaniiniation, duplication, transcription and audit by the CDA and either the Legislative or State Auditor,pursuant to Minn.Stat.§16C.05,subd.5. Such evidences are also subject to review by the Comptroller General of the United States,or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to maintain such evidences far a period of six(6)years from the date services or payment were last provided or made or.longer if any audit in progress requires a longer retention period. 4. WORKER HEALTH. SAFETY AND.TRAINING. Contractor shall be solely responsible for the health and safety of its employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in connection with.this Contract Contractor shall ensure all personnel of Contractor and subcontractors are properly trained'and Super=vised.and when applicable,dulylicensed or certified appropriate to the tasks engaged in under this Contract. Each Contractor shall comply•with federal, state and local occupational safety and health standards, regulations and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the work to be performed by Contractor.