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HomeMy WebLinkAbout02.01.16 Council Packet Meeting Location: Farmington Farmington City Hall Minnesota 430 Third Street Farmington,MN 55024 CITY COUNCIL REGULAR MEETING AGENDA FEBRUARY 1, 2016 7:00 P.M. Action Taken 1. CALL TO ORDER 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA 5. ANNOUNCEMENTS/COMMENDATIONS 6. CITIZEN COMMENTS/RESPONSES TO COMMENTS(This time is reserved for citizen comments regarding non-agenda items. No official Council action can be taken on these items. Speakers are limited to five minutes to address the Council during "Citizen Comment"time.) 7. CONSENT AGENDA a) Approve Council Minutes (1/19/2016 Regular)—Administration Approved b) Approve Temporary On-Sale Liquor License Knights of Columbus— Administration Approved c) Approving Joint Powers Agreement for Landfill Abatement Funds from Dakota County—Municipal Services R7-16 d) Adopt Resolution Approving Curbside Cleanup Day Agreement—Municipal Services R8-16 e) Appointment Recommendation Fire Department—Human Resources Approved 0 Appointment Recommendation Fire Department—Human Resources Approved g) Appointment Recommendation Fire Department—Human Resources Approved h) Appointment Recommendation Engineering—Human Resources Approved i) Appointment Recommendation Liquor Operations—Human Resources Approved j) Appointment Recommendation Liquor Operations—Human Resources Approved k) Adopt Resolution—Historic Preservation Consultant Services—Community Development R9-16 1) Approve Bills Approved REGULAR AGENDA 8. PUBLIC HEARINGS a) Certification of Delinquent Municipal Services to 2017 Tax Rolls - Finance R10-16 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Approve Purchase of Electric Ice Resurfacer—Parks and Recreation Approved 12. NEW BUSINESS a) EDA 2016-2018 Strategic Plan for Economic Development—Community Development Approved b) Partial Prepayment of Fire Truck Loan—Finance Approved c) Approve Agreements with National Council on Aging for Aging Mastery Program Grant—Parks and Recreation Approved 13. COUNCIL ROUNDTABLE 14. ADJOURN 41AR l ; City of Farmington 11: 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 0 ''*.4 +. www.ci.fatrnington.mn.us TO: Mayor, Councihnembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Approve City Council Minutes (1/19/2016 Regular)-Administration DATE: February 1, 2016 INTRODUCTION Attached are the city council minutes for January 19, 2016. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the January 19,2016, city council minutes. ATTACHMENTS: Type Description D Exhibit Council minutes (1/19/2016 Regular) COUNCIL MINUTES REGULAR January 19, 2016 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m. 2. PLEDGE OFALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Larson,Bartholomay, Bonar,Donnelly,Pitcher Members Absent: None Also Present: Andrea Poehler, City Attorney;David McKnight, City Administrator; Robin Hanson, Finance Director;Brian Lindquist, Police Chief;Adam Kienberger, Community Development Director;Randy Distad, Parks and Recreation Director; Tony Wippler,Planning Manager;Blair Peterson, Liquor Operations Manager; Cynthia Muller,Executive Assistant Audience: Jake Cordes,Mary Langevin 4. APPROVE AGENDA Councilmember Bonar pulled item 7e)Approve Historic Preservation Consultant Services, for discussion and separate vote. MOTION by Bartholomay, second by Donnelly to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Blair Peterson—Liquor Stores Update Net sales at the Pilot Knob store were down$84,583,net sales downtown were up $64,013. Customer count was down 3,100 at the Pilot Knob store and up 3,700 downtown. The weather and road construction were factors in the changes and also competition in other cities. Liquor operations held four wine club tastings in 2015. They also held four community drives including a coat drive, animals in need drive, support our troops drive and donated 962 pounds of food and supplies to the Farmington Food Shelf Blair presented a check to Ms.Mary Langevin in the amount of$1,495.06 for the Farmington Food Shelf Ms. Langevin noted the food shelf gave out 96,000 pounds of food in 2015. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Bartholomay, second by Pitcher to approve the Consent Agenda as follows: a) Approved Council Minutes(1/4/2016 Regular)(1/11/2016 Special and Workshop) -Administration b) Approved Appointments to Boards and Commissions-Administration c) Approved Dakota County Sentenced to Service Contract-Engineering Council Minutes(Regular) January 19,2016 Page 2 d) Received Fourth Quarter 2015 and Year-End New Construction Report and Population Estimate—Community Development f) Approved Appointment Recommendation Fire Department—Human Resources g) Approved Appointment Recommendation Finance Department—Human Resources h) Approved Bills-Finance APIF,MOTION CARRIED. e) Adopt Resolution Approving Historic Preservation Consultant Services— Community Development Councilmember Bonar stated he appreciates historic architecture,however he questions the necessity of having a consultant. This commission meets six times annually and has had this consultant since it began. He encouraged staff to accept the role of liaison without a consultant. This is the only commission that has a paid consultant. He gave three options;to stay as is at half the previous rate, eliminate the consultant services, or revise the agreement of$3600 per year and paid quarterly at$900 per quarter. With an hourly rate of$85 per hour, perhaps he should be invoiced for services earned,rather than paid quarterly. Councilmember Bartholomay asked how many homes are designated as historical. Tony stated there are 17 properties designated as landmarks, in addition there are 11 to 13 properties determined eligible for designation. The services are not just for these properties,but to look at historic properties throughout the community. Mayor Larson asked what the consultant does for us. Planning Manager Wippler explained the consultant attends all HPC meetings and provides staff with expertise on historic preservation. He performs permit review for any work done on a historic property. He issues a Certificate of Appropriateness after HPC review. He provides training to the commission and staff. The city has had an HPC since 1992 and have used this consultant since 1993. His knowledge is tremendous for this community. Councilmember Donnelly stated Councilmember Bonar has good points,but if it wasn't necessary it wouldn't be before us. He respected staff's judgement that it is a good use of city funds. Councilmember Pitcher asked if staff considers this more of a want or a need. Staff considers this a need. If we were to go out for an RFP, it would be nowhere near the current contract amount. We are getting a good value for what we are paying. Councilmember Pitcher asked if the consultant could be paid hourly up to that dollar amount. City Administrator McKnight stated we can ask the consultant. Council directed staff to cut the contract amount in half which was done with no reduction in services. This is a valuable investment in our community. Mayor Larson stated staff did what we asked them to do. After talking with staff about the value this consultant has he is fine with the contract as is. Council Minutes(Regular) January 19,2016 Page 3 Councilmember Bartholomay suggested putting something in place where we pay for the services we actually need rather than a set amount. City Administrator McKnight stated staff can ask the consultant. Councilmember Donnelly cautioned it could be more with mileage, etc. Councilmember Bonar stated if the amount remains at$3600 and it is a matter of billable hours subtracted from that, it does not change the amount. That is only asking for proper accounting. In working on the 2017 budget,we will on many occasions make the difficult decisions between essential and important. MOTION by Bartholomay, second by Bonar to table until a future meeting and staff will contact the consultant. APIF,MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Approve Facility Rental Agreement with Farmington Youth Lacrosse for Schmitz-Maki Arena-Administration FYLA approached the city about purchasing a turf for lacrosse use during April and May to be installed in the arena. FYLA will purchase, finance, install and store the turf when not in use. Once the loan is paid off, FYLA will donate it to the city and we will take over installation and storage. Until the loan is paid off FYLA will receive a larger share of the proceeds. Once the loan is paid off,the city will receive a larger share. Any proceeds received by the city will be set aside for future maintenance of the turf. MOTION by Bartholomay, second by Bonar to approve the facility rental agreement between the city and Farmington Youth Lacrosse Association. APIF,MOTION CARRIED. b) Approve 2016 Community Development Block Grant Application— Community Development Each year the city receives CDBG dollars distributed by the Dakota County CDA. This year the city will receive$42,520 for the program year of July 1, 2016, through June 30, 2017. Staff recommends allocating$37,520 to the Commercial Rehabilitation Program and$5,000 to the Senior Services Financial Support Program. The Commercial Rehabilitation Program has been very useful to Farmington businesses in repairing and remodeling their buildings. The Senior Services Financial Support Program is to help underwrite and expand senior programs. It was initiated three years ago and is nearing the end of available funds. The program offers assistance to low to moderate income persons to allow them to participate in senior programs. The program provides$50 maximum per person per year. Since 2013,the program has assisted 462 people. MOTION by Bartholomay, second by Donnelly to adopt RESOLUTION 6-16 approving the Council Minutes(Regular) January 19,2016 Page 4 application of Community Development Block Grant funds for fiscal year 2016. APIF,MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Pitcher: He joined the Rambling River Center and the fitness area. Nicole did a fantastic job providing a tour and a volunteer provided training on the weights. Mayor Larson also joined the Rambling River Center. Councilmember Bonar: The Knights of Columbus will be holding a chili bingo on January 23, 2016. Judges will be Mayor Larson,the police chief, a school board member and the assistant fire chief. Community Development Director Kienberger: A Downtown Redevelopment Plan Open House will be held at the Community Expo on January 30,2016. Parks and Recreation Director Distad: The cold weather has been very helpful for the outdoor ice rinks. Mayor Larson: Most of the council attended the fire banquet last week. He congratulated the entire fire department for receiving the fire fighter of the year award. The Community Expo is January 30,2016, from 9:00 a.m.to noon at the Farmington High School. He thanked the Ground Round for giving him the opportunity to be a guest bartender. They raised$1300 for the food shelf. He encouraged residents to shop local. Money spent here stays here. 14. ADJOURN MOTION by Bartholomay, second by Pitcher to adjourn at 7:43 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant 4E94 City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 •4 ■.ti www ci.fannington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Approve Temporary On-Sale Liquor License Knights of Columbus-Administration DATE: February 1, 2016 INTRODUCTION The Knights of Columbus are requesting a temporary on-sale liquor license for a fundraiser. DISCUSSION The Knights of Columbus are requesting a temporary on-sale liquor license for a fundraiser to be held on March 19, 2016 at 22120 Denmark Avenue. Per state statute, a temporary on-sale liquor license must first be approved by the city and then forwarded to the state for approvaL BUDGET IMPACT The State of Minnesota waives all fees for temporary liquor licenses for non-profit organizations. Therefore, the city has not established a fee for a temporary on-sale liquor license. ACTION REQUESTED Approve the attached application for a temporary on-sale liquor license for the Knights of Columbus for a fundraiser on March 19, 2016. ATTACHMENTS: Type Description c Exhibit Temporary Liquor License !en =1 fi". N Minnesota ofPublic Safety t-4"- *� i - >t ALCOHOL AND GAMBLING ENFORCEMENT DIVISION �/ 444 Cedar Street Suite 222,St.Paul MN 55101-5133 ., '; �°''- (651)201-7507 Fax(651)297-5259 TTY(651)282-6555 s• r",`P" WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION ' NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER Vf cp-ts or- Co Wn cos jo/ icigo 6oli 505,4 STREET ADDRESS CITY STATE ZIP CODE Si so <DeA • k 41-t cl-a(1 M 555074 N ' aF PERSON ' I G • ••LICATION :U i r S • BNB •0 I P•0 ,.) ,'1 , %I f l i b (•.-1t r e 3 . 6tz : , o, ' to DATES LIQUOR WILL BE SOLD tV). c J(l TYPE OF ORGANIZATIO LVJ.J 1 1 'p et le Si.,. ; VILE ff e • t:• Nss'Re ORGANIZATION OFFICARSpAW ADDRESS OQi\tk‘'C &1 ch leSrA So to ‘ s\-, 14e-F ► (4,0(\mo 02 ORGANIZATION OFFICER'S NAME ADDRESS - ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area,describe sh GllaQiVS eAlleloc 9/tack 22120 ,cnaj21k Ave, a(4nt 05 fin_ m rJ 650214 Will the applicant contract for intoxicating liquor service? If so,give the name and address of the liquor licensee providing the service. Jo,. Will the applicant carry liquor liability insurance? If so,please provide the carrier's name and amount of Coverage. . APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL&GAMBLING ENFORCEMENT CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE:Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application Is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event P3-09019(12109) • 411tRiti City of Farmington O 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 •A pool" www.cifarrnington.rrm.us TO: Mayor, Councilmembers and City Administrator FROM: Lena Larson SUBJECT: Approving Joint Powers Agreement for Landfill Abatement Funds from Dakota County-Municipal Services DATE: February 1, 2016 INTRODUCTION At the November 16,2015 Farmington City Council meeting,the city council approved the submittal of a grant application to and joint powers agreement with Dakota County for landfill abatement funding assistance. DISCUSSION Dakota County has made some minor revisions to the joint powers agreement approved at the November meeting which must be approved before funding will be released.None of the revisions impact the city. BUDGET IMPACT The year 2016 reimbursement for Farmington is $23,000. ACTION REQUESTED Approve the attached resolution approving a joint powers agreement with Dakota County. ATTACHMENTS: Type Description D Contract Joint Powers Agreement with Dakota County showing changes D Resolution Resolution Dakota County Contract C0027548 JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF FARMINGTON FOR 2016 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between Dakota County(County) and the City of Farmington(Municipality). WHEREAS, Minn. Stat.§471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties;and WHEREAS,the County of Dakota(County)and the Municipality are governmental units as that term is defined in Minn. Stat.§471.59;and WHEREAS,Metropolitan counties are responsible for waste management policy and programs(Minn. Stat. §115A.551);and WHEREAS,counties may require local cities and townships to develop and implement programs, practices,or methods designed to meet waste abatement goals(Minn.Stat. §115A.551);and WHEREAS,Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan);and WHEREAS;by Resolution 12-154(March 27,2012),the Master Plan(Master Plan)was adopted by the County Board of Commissioners,and was subsequently approved by the Minnesota Pollution Control Agency on May 24,2012;and WHEREAS,the Master Plan includes multiple strategies to enhance and leverage resources to help the County meet waste management objectives;and WHEREAS,the Master Plan identifies performance-based funding for Municipalities to develop and implement waste abatement programs,education,and outreach;and WHEREAS,community funding and waste tire activity amounts are established by the County Board • each year as part of the Environmental Resources Department(Department)budget;and • WHEREAS,by Board Resolution#15-428,the County Board approved 2016 community funding as presented to the Physical Development Committee of the Whole on August 18,2015,contingent upon the availability of funds and subject to funding levels approved by the County Board as part of the 2016 budget;and WHEREAS,the Program continues responsibilities to increase curbside recycling,promote The Recycling Zone services,develop municipality-wide diversion metrics and implement recycling in public gathering areas;and WHEREAS,new Program responsibilities include reporting documented waste tonnages and developing a plan for organics diversion in 2017 for municipality-owned/operated buildings;and WHEREAS,County responsibilities include providing messages,images,terminology, best practices templates,infrastructure, providing hauler report data and developing resources for organics diversion as a 2017 priority issue;and WHEREAS,separate Joint Powers Agreements with cities and the Rural Solid Waste Commission identify community and County responsibilities and fund allocations. 1 • Dakota County Contract C0027548 NOW,THEREFORE, in consideration of the mutual promises and benefits that the County and cities and Rural Solid Waste Commission shall derive from this Agreement,the County and City of Farmington hereby enter into this Agreement for the purposes stated herein. • SECTION 1 . . PURPOSE The purpose of this Agreement is to provide for cooperation and funding between the County and the • . . Municipality for the implementation and operation of a local comprehensive landfill abatement program by . . the Municipality in accordance with this Joint Powers Agreement and the 2016 Dakota County Community Funding Application Packet(attached and incorporated herein as Exhibit 1)that is submitted by the Municipality. SECTION 2 • PARTIES The parties to this Agreement are the County of Dakota, Minnesota and the City of Farmington (Municipality). SECTION 3 TERM • Notwithstanding the dates of the signatures of the parties,this Agreement shall be in effect January 1, • 2016,and shall continue in effect until December 31,2016,or until termination in accordance with the provisions herein.This Agreement may be amended in accordance with Section 12 and incorporation of subsequent years'approved funding application packet. SECTION 4 COOPERATION - The County and the Municipality agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this agreement and to, in.good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 5 • PROGRAM 5.1 PROGRAM PURPOSE.The Dakota County Board of Commissioners adopted the 2012-2030 Solid • Waste Master Plan(Master Plan)on March 27,2012,as required,to implement the Minnesota Pollution Control Agency's(MPCA)2010-2030 Metropolitan Solid Waste Management Policy Plan.The Master Plan•identifies performance-based funding for Municipalities to develop and implement waste abatement programs,education,and outreach.The Community Funding Program's primary purposes are to:ensure that residents have the opportunity to recycle;and to develop,implement, and maintain projects, programs,practices,and methods to meet waste abatement objectives as described in the Master Plan. The Community Funding Program supports the County's efforts for broad-based education and implementation of local programs and projects for waste reduction, reuse, recycling, hazardous waste management,and organics diversion as described in the Master Plan. 5.2 ELIGIBILITY. Eligible Municipalities include all cities in Dakota County and the Rural Solid Waste Commission(RSWC)representing the 13 townships,and six small cities in rural Dakota County. 5.3 ANNUAL APPLICATION,WORK PLAN AND BUDGET.Annually, each Municipality shall submit an • Application,Work Plan,and itemized budget breakdown for each funding activity to the Department by the due date specified in writing by the Department and on forms provided by the Department.Public entities have statutory obligations for waste management that are more restrictive than obligations of the private sector.The Application requires communities to identify the status of compliance during this 2 Dakota County Contract C0027548 funding period. If not in compliance,communities must identify a timeline and steps being taken to comply.Referenced statutes•include: MN Stat. 115A.151 (internal operations recycling); MN Stat. 115A.552(programs to meet the County's recycling goal);MN Stat. 115A..552(providing the opportunity to recycle);and MN Stat.473.848 and 115A.471 (internal waste management).The Work Plan shall include a description of annual waste abatement and Priority Issue Program activities and actions, completion date, and methods for qualitative and quantitative measurement for each education/outreach and project/program activity. 5.4 IMPLEMENTATION.The Municipality shall develop,implement,and operate a local comprehensive landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance 110 and Exhibit 1. 5.5 RECYCLING.Municipalities must ensure the opportunity to recycle exists for all residents and businesses. Municipalities must develop and implement programs to increase residential recycling, including at least bi-weekly curbside recyclables collection for single family and multi-family homes. Recyclables collected must include:plastic containers;three colors of glass; metal;and paper. In 2016, • municipalities must continue planning to implement community-wide organics diversion. Recycling must • be available for city employees. Municipalities must also ensure recycling opportunities exist in public spaces that the municipality has control over including, parks,community centers and city-sponsored events. 5.6 PRIORITY ISSUE PROGRAM.The County,with input from Local Solid Waste Staff, develops a Priority Issue Program to accomplish during the multi-year Master Plan reporting cycle. For 2016,the • • Priority Issue will continue to be to increase recycling by expanding the opportunity to recycle for public gatherings,including at city-sponsored events, parks and non-administrative facilities(e.g., community centers): o Recycling collection is offered in municipality-owned non-administrative facilities(e.g.,community centers). o Recycling collection is offered in park shelters and along major trails as well as applicable public gathering areas. o Recycling collection is offered at city-sponsored events. • • • o Park,event,public gathering areas and internal recycling and trash collection containers are • • identified with color-coded signs/labels consistent with the County template. o Residents and applicable coordinators/staff are educated about recycling in parks, public gathering-areas and events. • o Previous year data is submitted to Department staff for recycling, organics(if applicable),and trash in public spaces to ensure recycling is occurring. o Education of municipal staff and public space visitors about what to recycle and general recycling efforts. Department staff will identify effective strategies and provide newly-developed materials for municipalities to implement the Priority Issue Program. For 2017-2020,the Priority Issue is focused on organics diversion and multi-family recycling.This is subject to change pending Legislation or County strategic • planning. 5.8 PERFORMANCE.The County will evaluate the Municipality's performance pursuant to the criteria set •forth in this Section.A Performance Scorecard for each Municipality will be used by Department staff for a qualitative analysis of municipal programs and activities.The Scorecard is developed annually by Department staff with input from LSWS.The Scorecard will be used to•create the Work Plan. • The Master Plan identifies numeric objectives for waste reduction, recycling,organics recovery,resource recovery;and land disposal in five-year increments. Each Municipality's program must be designed to support the Master Plan objectives,as demonstrated cumulatively through annual reporting. 3 Dakota County Contract C0027548 iiitaston Plan'Ohife tbves; t ` . 2015 2020 2025 2030 Reduction&Reuse 1-2% 2-4% 3-5% 4-6% Recycling 45-48% 47-51% 49-54% 54-60% Organics Recovery 3-6% 4-8% 6-12% 9-15% • Resource Recovery 32-34% 32-33% 30-31% 24-28% Land Disposal(ceiling) 20% 17% 15% 9% Monthly updates and metrics must be submitted to the Department for communication activities(e.g., newspaper readership for paid advertising). In preparation for the annual report,it is recommended that monthly or quarterly metrics are also submitted to the Department for waste,recycling and organics(if applicable)tonnages and resulting recycling rate for: o City-sponsored events o Parks o Municipally-owned buildings Continuing in 2016,the County will provide recycling and waste data gathered from hauler reports to assist each Municipality in identifying a quantitative waste diversion baseline for the community as a whole, and annual community diversion goals to help meet the Master Plan objectives. 5.9 ANNUAL REPORT. By February 15,2016,the Municipality shall submit its Annual Report for the year 2015,in the form prescribed by the County.The Annual Report is a measure of the Municipality's performance of the activities identified in the Application Packet and described in Section 5.8.Changes in any funding amounts submitted in the Application must be identified in the Annual Report. SECTION 6 FUNDING 6.1 FUNDING AMOUNT.Communities receive performance-based funding in part from pass-through grants from the State. Funding amounts are contingent upon available State and County funds,and reflect the funding levels presented to the County Board as part of the annual budget.The 2016 funding for the Municipality shall be in the total amount not to exceed$23,000.00, as set forth in Exhibit 1,Section V. 6.2 FUNDING PAYMENT.Contingent upon receipt by February 15,2016 and approval by Department staff of the Municipality's Annual Report for the funding year 2015,the County will pay the Municipality the funding amount set forth in paragraph 6.1 above for 2016. Payment will be made in one installment within 30 days of receipt of the Application and Annual Report receipt. Municipalities with a complete Application and an approved Annual Report receive 100%payment for eligible expenses. • 6.3 ELIGIBLE EXPENSES.Municipalities may use allocated funds only on eligible items as described below. Eligible expenses are for recycling projects/programs and education and outreach; priority issue activities;and include: 6.3.1 Administration a) Salary and benefits of personnel,full-time and temporary,and consultant services while working directly on the planning,implementing,and promoting of eligible activities. b) Matching funds for other related grants consistent with this program (except for MPCA grants). c) Subscriptions,memberships, and training (excluding out-of-state travel or lodging)necessary for eligible activities. d) Data collection and evaluation for effectiveness,efficiency,and responsiveness of landfill abatement activities. e) Oversight of municipality solid waste policy, ordinance and contracts related to landfill diversion. 4 Dakota County Contract C0027548 f) Design and implementation of projects and programs to enhance residential curbside collection programs, park and public gathering area recycling. g) Other expenses with prior written approval from the Department. 6.3.2 Education and Outreach . a) Production and dissemination of education information to increase awareness and participation in recycling programs. b) Promotional items(bags,water bottles,t-shirts, etc.)with Department-approved message and logo. c) Education materials for municipal employees,such as signs,trainings and mass communication. d) Other expenses with prior written approval of the Department. 6.3.3 Eligible Expenses Specific to Priority Issue a) Containers for parks,events,and non-administrative municipality-owned buildings. b) Special event displays and signage. c) Bin recycling/organics/waste labels and signs for park,arena,community center and event containers. • d) Permanent or reusable banners and posters for buildings, parks and events. e) Services related to recycling and organics material management at public events using County- defined best management practices. f) Other expenses with prior written approval from the Department. 6.3.4Non-eligible expenses include: • • a) Expenses related to non-waste abatement waste issues(e.g.,energy,water) b) Waste collection,transportation or management(i.e., reuse,recycle,disposal),except as provided for in Section 6.3.3(e) c) Food or refreshments,unless approved by the Department as compliant with Dakota County policy 1560. Questions about an eligible expense should be directed to Department staff. 6.4 FUNDING PAYMENT ADJUSTMENTS.The Dakota County Physical Development Director shall have the authority to approve modifications to the Funding Amount as requested by the Municipality in the Application,as long as the amount payable under this Agreement does not exceed the amount approved by the Dakota County Board of Commissioners and so long as the proposed modifications are consistent with Exhibit 1. Municipalities must expend the community fund by the end of the calendar year,unless prior written approval is received from the Department. Municipalities must return unspent funds(the difference between the amount of funds provided and the amount a Municipality reports as expended) and must return funds if expenditures or activities that are determined by Department staff as not consistent with the Application and Work Plan. 6.5 FUNDING SOURCE ACKNOWLEDGEMENT.All community printed public education/communication materials shall credit the Dakota County Board of Commissioners and the Minnesota Pollution Control Agency as funding sources.Any use of the Dakota County logo and Dakota County website references must use style guidelines as prescribed by the Dakota County Communications Department. SECTION 7 RESPONSIBILITIES OF THE PARTIES 7.1 The County,through its Environmental Resources Department,shall include the following responsibilities under this Agreement: • Administer Community Funding Program through this Joint Powers Agreement. • Develop and provide annual templates for the Application,Work Plan/Annual Report and Performance Scorecard. • Provide technical assistance for each Municipality to apply,plan for,and report on work efforts. 5 • Dakota County Contract C0027548 • Develop and complete a Performance Scorecard for each Municipality. • Provide messages(e.g.,for print pieces and electronic media),templates,and images for use in community education and outreach efforts for waste abatement and for the Recycling Zone. • Provide preferred terminology based on Regionally-approved language. • Ensure municipalities are familiar with and have access to all new materials in multiple ways, including electronically. • Provide equivalent support(e.g.,technical assistance, messages,templates, images, materials) for the Priority Issue Program. • Develop and maintain waste management information on the County website. • Provide effective strategies,best practice approaches and infrastructure support(e.g.,containers, labels,among others)for Municipalities to implement the Priority Issue Program. • Provide community waste and recycling hauling data based on hauler reports. • Evaluate Municipality performance. • Allocate, manage and distribute funds. 7.2 The Municipality shall include the following responsibilities under this Agreement: • Develop, implement,and maintain a comprehensive landfill abatement program. . • Ensure the opportunity to recycle exists for residents and businesses in the Municipality. • Ensure curbside recycling services are provided for all single-and multi-family residents. • Designate a Municipality Liaison responsible for Community Funding Program implementation. • Ensure the Municipality Liaison or designee attends at least four out of six Municipality/County meetings each year. • Develop and submit an annual Application,Work Plan and itemized budget. • Conduct waste abatement education for Municipal operations. • Develop and submit an Annual Report to the Department. • Follow the Dakota County style guidelines for logo and website references,and use terminology and images developed by the Department. • Ensure Municipality website content for recycling and household hazardous waste link to the respective Dakota County web pages. • Develop and distribute at least one written communication to every new and existing household about recycling. • Develop and report quantitative and qualitative measurements for each communication and outreach activity,waste abatement project/program activity and event. • Except for municipalities with 1,000 housing units or less,implement at least four additional education activities from a menu of options developed by the Department. • Develop and distribute at least one written communication to every new and existing household about The Recycling Zone services. • Submit all print materials to the Department for review prior to distribution. • Provide funding source credit from the Dakota County Board of Commissioners and the Minnesota Pollution Control Agency in all printed materials. • Coordinate with Department staff to identify a quantitative waste diversion baseline and annual goal. • Develop and implement collection events of materials to be recycled. • Develop and implement projects and programs to increase residential recycling. • Implement planning for community-wide organics diversion. • Ensure recycling opportunities exist in public spaces owned and/or managed by Municipality. • Establish a recycling rate goal and report tonnages and recycling rates for municipality-owned and/or operated facilities. • Develop municipality-wide diversion metrics. • Complete Priority Issue Program for public gathering areas: o Coordinate with stakeholders to identify opportunities and improvements for recycling in public gathering areas,including parks and non-administrative buildings(e.g.,community centers).Expand or initiate collection of recyclables and/or organics at special events and other away-from-home locations. 6 Dakota County Contract C0027548 o Ensure all trash,recycling and organics containers for parks,public gathering areas and events have consistent messages,images and colors, and follow best practices,as defined by the Department. o Provide education materials to Municipality employees such as signs,trainings and mass communication to implement the Priority Issue. • Report quantitative measurements for recycling,organics(if applicable),and trash for public spaces, internal operations,and city-sponsored events. SECTION 8 PROPERTY Upon termination of this Agreement, any containers,labels and/or necessary infrastructure purchased by the County and provided to the participating Municipality shall be the sole property of the Municipality. SECTION 9 INDEMNIFICATION 9.1 IN GENERAL. Each party to this Agreement shall be liable for the acts of its officers,employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers,employees or agents. 9.2 LIMITATIONS.The provisions of Minn. Stat.§471.59,the Municipal Tort Claims Act, Minn.Stat.ch. 466 and other applicable laws govern liability of the County and the Municipality 9.3 SURVIVORSHIP.The provisions of this Section shall survive the expiration or termination of this Agreement. SECTION 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES:The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement.These persons have authority to bind the party they represent and to consent to modifications,except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards.Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement,or in a modification of this Agreement. TO THE COUNTY Georg T.Fischer, Director(or successor) Environmental Resources Department Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE MUNICIPALITY Todd Larson, Mayor(or successor) City of Farmington • 430 Third Street Farmington, MN 55024 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney,Civil Division, 1560 Highway 55, Hastings, MN 55033. 7 Dakota County Contract C0027548 10.2 LIAISONS.To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the Municipality.The County and the Municipality shall keep each other continually informed,in writing,of • any change in the designated liaison.At the time of execution of this Agreement,the following persons are the designated liaisons: • County Liaison: Jenny Kedward Telephone: (952)891-7043 Email:jenny.kedward @co.dakota.mn.us Municipality Liaison: Lena Larson Telephone: (651)280-6905 Email: IlarsonCn�ci.farminoton.mn.us SECTION 11 TERMINATION 11.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days'written notice or without cause by giving thirty(30)days'written notice,of its intent to terminate,to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability,responsibility or right of any party,which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 11.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary,the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies,or other funding source,or if its funding cannot be continued at a level sufficient to allow payment pf the amounts due under this Agreement. Written notice of termination sent by the County to the Municipality by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 12 MODIFICATIONS Any alterations,variations, modifications,or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing,approved by the parties'respective Boards,and signed by the Authorized Representatives of the County and the Municipality. SECTION 13 MINNESOTA LAW TO GOVERN • This Agreement shall be governed by and construed in accordance with the substantive and procedural • laws of the State of Minnesota,without giving effect to the principles of conflict of laws.All proceedings related to this Agreement shall be venued in the County of Dakota,State of Minnesota. SECTION 14 MERGER This Agreement is the final expression of the Agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings,or agreements. 8 Dakota County Contract C0027548 SECTION 15 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void,invalid,or unenforceable,such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date(s)indicated below. COUNTY OF DAKOTA COUNTY Georg Fischer, Director Environmental Resources Department Date of Signature: CITY OF F RMINGTON i APPROVED AS TO FORM: • /s/Helen R. Brosnahan 1/12/16 Todd Larson, Mayor Assistant County Attorney/Date Date of Signature: 017077/4 County Attorney File No. KS-16-19.005 Attet iwr _ r (title) County Board Res.No. 15-428 Date o ign:ture: 6 • • • 9 RESOLUTION NO. R7-16 APPROVING A JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR WASTE ABATEMENT FUNDING ASSISTANCE 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 1st day of February, 2016 at 7:00 p.m. Members present: Larson, Bartholomay, Bonar,Donnelly, Pitcher Members absent: None Member Bartholomay introduced and Member Pitcher seconded the following resolution: WHEREAS, according to the Dakota County Solid Waste Master Plan, Dakota County presently provides funding assistance for landfill abatement activities based on performance based funding; and, WHEREAS, the City presently has an integrated resource recovery system of which curbside collection of yard waste and recyclables are major components, and would be eligible for funding under the County program. NOW THEREFORE,BE IT RESOLVED that the Joint Powers Agreement for Dakota County Waste Abatement Funding Assistance, a copy of which is on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that the City Administrator is hereby authorized and directed to execute and forward the 2016 Community Funding Application, and the Mayor and Administrator are hereby authorized and directed to execute the attached Joint Powers Agreement for Waste Abatement should the Application be approved by Dakota County. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1st day of February,2016. Mayor Attested to the a,r day of February,2016. Acting City A. "'inistrator SEAL of 10 City of Farmington 4iiii. p 430 Third Street ■ Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .4P103 °:. wwW.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Lena Larson SUBJECT: Adopt Resolution Approving Curbside Cleanup Day Agreement-Municipal Services DATE: February 1, 2016 INTRODUCTION Curbside Cleanup Days begin on Saturday,April 23 and end on Saturday, May 21, 2016. Dick's Sanitation, Inc./Lakeville Sanitary,Inc. will be providing trucks and labor to remove furniture, mattresses, and household garbage per the contract extension. The city contracts directly with an appliance recycler to reduce costs of the Curbside Cleanup Day program. Residents are allowed up to two appliances and in the past were allowed up to two electronics (televisions/computers)per dwelling unit. DISCUSSION Per the discussion at the December 14, 2015 Farmington City Council workshop, staff obtained quotes for the cost of collecting appliances only. Electronics will no longer be collected as a part of cleanup days. Two quotes were received for collecting and recycling appliances;both companies have provided the service in recent years. J.R.'s Advanced Recyclers,Inc. quoted$15 per appliance. Certified Recycling,LLC submitted a quote of$18 per appliance. BUDGET IMPACT The charge for each appliance picked up at the curb will be$15. Funding for Cleanup Day is included in the Solid Waste operations budget. ACTION REQUESTED Adopt the attached resolution approving the agreement with JR's Advanced Recycling, Inc. for collecting and recycling appliances for Curbside Cleanup Days 2016. ATTACHMENTS: Type Description ® Contract contract ® Resolution resolution nuntlll „„„,HlH' q Kg/.R. % 3, /r / ,illlllllillllil►►iu A.K.A J.R.'S Appliance Disposal,Inc. MINNESOTA 10619 Courthouse Blvd.,Inver Grove Heights,MN 55077 Telephone(651)454-9215 Fax(651)454-8345 (800)358-6563 WiSCttEDUNN # ES ifit ON m Customer/Agency: City of Farmington Contact Person: Title: Phone: Fax: Cell: Office(Billing)Address: Collection Site Address: CURBSIDE Collection Date(s): Spring Fall Collection Hours: From To Fees Collected By: Customer J.R.'S Special Instructions/Remarks: Services Needed For Event (check all that apply) ❑ Appliances: $15 per unit Commercial and gas/ammonia appliance fees will vary ❑ Electronics: Please call for information ❑ Scrap Metal: (20,25,30,or 40 yard boxes available) ❑ Tires: See attached price list ❑ Batteries: Car batteries free—Call for details. ❑ Bulbs: See attached price list ❑ Propane Tanks: See attached price list J.R.'S Appliance Disposal,Inc. (RECYCLER)ensures all items collected will be recycled according to Federal law and the laws of the State of Minnesota. J.R.'S is solely responsible for the safe removal of all PCB's,Mercury,CFC's,Appliance metals,and Other hazardous wastes, The Recycler retains the right to refuse any appliances deemed to be in such compacted or destroyed condition which prevents the proper removal of hazardous wastes and/or refrigerant according to law. The Recycler shall secure and maintain all necessary PERMITS and APPROVALS necessary to handle said items. The Recycler will also provide any necessary CERTIFICATES OF INSURANCE to the Customer,prior to start of work. INSURANCE shall remain in effect at all times and not be materially changed. Special charges will be agreed to by both parties prior to acceptance by either party. Customers shall pay within 30 days of the invoice date. The Recycler shall INDEMNIFY and HOLD the Customer and its employees HARMLESS from all claims,demands,and causes of action of any kind,character,including the cost of defense thereof,resulting from the acts,omissions,of the Recycler;of the organization's respective officers,agents, employees,and/or the individuals receiving benefit from the funds or items exchanged relating to the activities conducted under this agreement Accepted for Customer. � Date: a/A. Title: "1 0;■ j. Accepted for J.R.'S Appliance: Date: /—/5—/6 Title: Administrative Assistant CUSTOMER Keep this original and fax 2nd copy back to J.R.'S Appliance •Printed on Recycled Paper• RESOLUTION NO. R8-16 • APPROVING CURBSIDE CLEANUP DAYS APPLIANCE AGREEMENT Pursuant to due call and notice thereof, a regular meeting of the City Council of Farmington, Minnesota, was held in the Council Chambers of said city on the 1st day of February, 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members Absent: None Member Bartholomay introduced and Member Pitcher seconded the following resolution: WHEREAS,the city of Farmington has provided Farmington residents with curbside collection of appliances since 2001; and WHEREAS,the city has received quotes to provide curbside collection,transportation, disposal/processing of appliances; and WHEREAS,the low quote of$15 per appliance was submitted by JR'S Advanced Recyclers, Inc. NOW,THEREFORE,BE IT RESOLVED,that the city of Farmington hereby awards the contract to provide collection,transportation, and processing of electronics and appliances to JR'S Advanced Recyclers, Inc. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1st day of February, 2016. Mayor Attested to the o?"'day of February, 2016. Afr, cting C A. y 'stator SEAL AJAR ide City of Farmington 430 Third Street Farmington,Minnesota ‘4 651.280.6800 -Fax 651.280.6899 .,,tea WWw cLfarmmgton.nm.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Appointment Recommendation Fire Department-Human Resources DATE: February 1,2016 INTRODUCTION The recruitment and selection process for the appointment of a paid on-call firefighter in the Fire Department has been completed. DISCUSSION After completing testing, a pre-employment physical, and a thorough review by the Fire Department and the Human Resources Office, a contingent offer of employment has been made to Chad Sather, subject to ratification by the city council. Mr. Sather meets the qualifications for this position. BUDGET IMPACT Fire fighters are paid an hourly rate of$10.75 per hour for all training and call hours. Funding for this position is authorized in the 2016 budget. ACTION REQUESTED Approve the appointment of Mr. Chad Sather as a paid on-call firefighter in the Fire Department effective on or about February 8, 2016. O City of Farmington iiii 430 Third Street fb it Farmington,Minnesota liaiti. i 651.280.6800 -Fax 651.280.6899 www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Appointment Recommendation Fire Department-Human Resources DATE: February 1,2016 INTRODUCTION The recruitment and selection process for the appointment of a paid on-call firefighter in the Fire Department has been completed. DISCUSSION After completing testing, a pre-employment physical, and a thorough review by the Fire Department and the Human Resources Office, a contingent offer of employment has been made to John Budrow subject to ratification by the city council. Mr. Budrow meets the qualifications for this position. BUDGET IMPACT Fire fighters are paid an hourly rate of$10.75 per hour for all training and call hours. Funding for this position is authorized in the 2016 budget. ACTION REQUESTED Approve the appointment of Mr. John Budrow as a paid on-call firefighter in the Fire Department effective on or about February 8,2016. s- City of Farmington 430 Third Street Farmington, Minnesota g 651.280.6800 -Fax 651.280.6899 •A Int00.`, www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Appointment Recommendation Fire Department-Human Resources DATE: February 1, 2016 INTRODUCTION The recruitment and selection process for the appointment of a paid on-call firefighter in the Fire Department has been completed. IMSCUSSION After completing testing, a pre-employment physical, and a thorough review by the Fire Department and the Human Resources Office, a contingent offer of employment has been made to Shawn Peters subject to ratification by the city council. Mr. Peters meets the qualifications for this position. BUDGET IMPACT Fire fighters are paid an hourly rate of$10.75 per hour for all training and call hours. Funding for this position is authorized in the 2016 budget. ACTION REQUESTED Approve the appointment of Mr. Shawn Peters as a paid on-call firefighter in the Fire Department effective on or about February 1, 2016. 004'�► City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ' •„Pra", www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Appointment Recommendation Engineering Department-Human Resources DATE: February 1, 2016 INTRODUCTION The recruitment and selection process for the appointment of a full-time Civil Engineer has been completed. DISCUSSION After a thorough review by the Engineering Department and Human Resources Office, a contingent offer of employment has been made to John Schmeling, subject to passing the pre-employment drug test and ratification by the city council. Mr. Schmeling has previous municipal engineering experience and he meets the qualifications for this position. BUDGET IMPACT Mr. Schmeling's starting salary will be$71,345.00 which is step 6 of the salary range for this position(salary range:$65,000.00-$79,272.00). Funding for this position is provided for in the 2016 budget. ACTION REQUESTED Approve the appointment of John Schmeling as Civil Engineer effective on February 8, 2016. Q``1 , City of Farmington 4 430 Third Street Farmington, Minnesota kl 651.280.6800 -Fax 651.280.6899 '-''APO '' WWw.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Appointment Recommendation Liquor Operations-Human Resources DATE: February 1,2016 INTRODUCTION The recruitment and selection process for the appointment of a part-time liquor clerk has been completed. DISCUSSION After a thorough review by Liquor Operations and the Human Resource Office, a contingent offer of employment has been made to Sharri McGibbon, subject to the completion of a background check,pre- employment drug test and ratification by the city council. Ms. McGibbon meets the qualifications for this position. BUDGET IMPACT Ms. McGibbon's starting hourly rate will be$10.92 which is the first step in the salary range for this position (salary range:$10.92-$12.79). Funding for this position is authorized in the 2016 budget. ACTION REQUESTED Approve the appointment of Sharri McGibbon as a part-time liquor clerk effective on or about February 4, 2016. /o�cF ii City of Farmington A 430 Third Street Farmington,Minnesota a 651.280.6800 -Fax 651.280.6899 '+s,.� o' www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt,Human Resources Director SUBJECT: Appointment Recommendation Liquor Operations-Human Resources DATE: February 1, 2016 INTRODUCTION The recruitment and selection process for the appointment of a part-time liquor clerk has been completed. DISCUSSION After a thorough review by Liquor Operations and the Human Resource Office, a contingent offer of employment has been made to Amanda Freiermuth, subject to the completion of a background check,pre- employment drug test and ratification by the city council. Ms. Freiermuth meets the qualifications for this position. BUDGET IMPACT Ms. Freiermuth's starting hourly rate will be$10.92 which is the first step in the salary range for this position (salary range:$10.92-$12.79). Funding for this position is authorized in the 2016 budget. ACTION REQUESTED Approve the appointment of Amanda Freiermuth as a part-time liquor clerk effective on or about February 4, 2016. oEEAR i ;; City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .,,roof www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Adopt Resolution-Historic Preservation Consultant Services-Community Development DATE: February 1, 2016 INTRODUCTION Attached, is a revised contract for historic preservation consultant services with Robert Vogel and Pathfinder CRM,LLC. The contract runs through December 31,2016 As outlined in the contract,the city will be billed by Pathfinder CRM, LLC at an hourly rate of$85 per hour on services rendered with the total compensation not to exceed$3,600 for the year. DISCUSSION The total compensation for services will not exceed$3,600. This amount was included in the approved 2016 city budget. BUDGET IMPACT The cost of this contract is included in the 2016 budget. ACTION REQUESTED Adopt the attached resolution approving the contract for Historic Preservation Consulting Services for 2016. ATTACHMENTS: Type Description Resolution Contract Resolution D Contract 2016 Historic Preservation Consultant Contract RESOLUTION NO.R9-16 APPROVING THE CONTRACT FOR HISTORIC PRESERVATION CONSULTING SERVICES 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 1st day of February,2016 at 7:00 p.m. Members Present: Larson, Bartholomay,Bonar,Donnelly,Pitcher Members Absent: None Member Bartholomay introduced and Member Pitcher seconded the following: WHEREAS,the Historic Preservation Commission has in the past applied for CLG(Certified Local Government) Grants; and, WHEREAS,this contract is required to establish an hourly wage which will be used for in-kind services provided by Mr.Vogel in conjunction with any CLG grant; and, WHEREAS,Mr.Vogel will bill the city at an hourly rate of$85 an hour for services rendered with total compensation not to exceed$3,600 for calendar year 2016; and, WHEREAS,the grant can be used to designate historic sites throughout the City. NOW,THEREFORE,BE IT RESOLVED that the city of Farmington hereby approves the Contract for Historic Preservation Consulting Services. This resolution adopted by recorded vote of the Farmington City Council in open session on the 1st day of February 2016. Mayor Attest to the hd day of February,2016 Acting City ; • 'stator SEAL • 2016 CONTRACT FOR SERVICES PRESERVATION PLANNER SCOPE OF SERVICES Pathfinder CRM, LLC will perform the following tasks as an independent private contractor under the supervision of the City Administrator: • A. Advise the City of Farmington on all matters relating to heritage preservation, including the identification, evaluation, registration, and treatment of heritage resources. Pathfinder CRM senior staff will also be available for presentations to the Heritage Preservation Commission, the Planning Commission, and the City Council as needed. • B. Assist City staff in the preparation of applications for grants-in-aid for preservation projects as directed by the City Administrator. C. Provide information, education, and training in heritage preservation to City officials and advise in the development of high-quality public education and outreach programs. D. Assist City staff in reviewing development projects and applications for certificates of appropriateness in relation to designated heritage landmark properties. E. Perform such other preservation planning tasks as authorized by the City Administrator. COMPENSATION For the services described above in paragraphs A through E, Pathfinder CRM will bill the City at the rate of eighty-five dollars ($85) per hour for the work performed, the total annual compensation not to exceed three thousand six hundred dollars ($3,600). PERSONNEL The City and Pathfinder CRM further agree that Robert C. Vogel will be the City's designated preservation planner. This contract for services shall be in effect from January 1 until December 31, 2016. PAT - ►�.�' CRM THE CITY OF FARMIN ON Robert C.Vogel, °rincipal a4Eii City of Farmington O 430 Third Street Farmington, Minnesota %Watts i 651.280.6800 -Fax 651.280.6899 .A www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Approve Bills-Finance DATE: February 1,2016 INTRODUCTION Attached are the list of bills for January 12-27,2016. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the list of bills for January 12-27, 2016. ATTACHMENTS: Type Description © Exhibit List of Bills • 0 D. 0) co co co co co N CO t0 N. 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Due to the legal issues involved the city does not shut off water to occupied properties. For vacant properties the water may be shut off to assist in preserving the property. Due to the cost involved the city does not utilize collection agencies to collect delinquent accounts. Rather, in accordance with state statute, the city certifies delinquent amounts to the county auditor for collection the following year along with the property owner's other property taxes. DISCUSSION Minnesota state statutes 444.075,429.101 and 443.015 grant municipalities the authority to certify delinquent utility accounts and delinquent billings for weeds,mowing and other city services to the property owner's real estate taxes for collection. Property owners of record with combined delinquent utility bills and services greater than$2,000 as of December 31, 2015 were mailed notices and were advised they could avoid certification by paying the delinquent amount in full by 3:30 p.m. Friday,January 29,2016. The notice also advised the city council would consider this matter at a public hearing on February 1, 2016. As of this writing,no interim payments have been received. These numbers will be further updated for you at the city council meeting on February 1,2016 to reflect any payments made on these delinquent accounts by the 3:30 p.m. January 29,2015 deadline. BUDGET IMPACT Delinquent utility bills do not directly impact the city's budget. The city continues to pay its bills on time,but experiences a significant lag in collections of its utility bills.For example, these delinquent amounts were due in the fall of 2015,the city will not receive its money until June and December of 2017. This negatively impacts the city's internal cash flow and negatively impacts staff time. ACTION REQUESTED Adopt the attached resolution certifying the delinquent accounts as an addition to the 2017 taxes of the appropriate properties. ATTACHMENTS: Type Description © Resolution February 2016 Certification of Delinquent Accounts to 2017 Tax Roll RESOLUTION R10-16 CERTIFYING DELINQUENT MUNICIPAL SERVICE ACCOUNTS TO DAKOTA COUNTY TREASURER/AUDITOR Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington,Minnesota was held at City Hall of said City on the 1st day of February 2016 at 7:00 P.M. The following members were present: Larson, Bartholomay, Bonar,Donnelly,Pitcher The following members were absent: None Member Bartholomay introduced and member Donnelly seconded the following resolution: WHEREAS, the city had provided sewer,water, storm water and solid waste removal services to users of municipal utilities; and WHEREAS,the city has provided mowing, snow removal, and other services to property owners; and WHEREAS,the city has invoiced these users for the services and payment on some of these invoices is delinquent; and WHEREAS, Minnesota State Statute 444.075,429.101 and 443.015 allow the city to certify charges associated with the aforementioned municipal services for collection with the County Auditor as other taxes are collected. NOW THEREFORE,BE IT RESOLVED by the City Council of the city of Farmington,that: 1. Delinquent charges associated with the municipal services and an administrative fee as defined in the city's fee schedule shall be certified to the County Auditor for collection as other property taxes are collected. 2. The amounts shall be due and payable over a term of one (1)year at an annual rate of eight percent(8.0%). This resolution adopted by recorded vote of the Farmington City Council in open session o the 1St day of February 2016. Mayor Attested to the 0? `' day of February 2016. Acting City dministrator SEAL City of Farmington Utility Billing Certification Roll Customers With Combined Accounts Balances>$2,000 As of December 31,2015 Customer Account Amount Number Number Service Address Due PID# 00007830 0221010906 109 Elm Street $ 933.85 142583101020 00007830 0221011300 113 Elm Street $ 241.43 142583101010 00007830 0221011508 115 Elm Street $ 814.88 142583101031 00007830 0221011580 115 Elm Street#C $ 98.98 142583101031 00007830 0221011553 115 Elm Street#E $ 98.98 142583101031 00007830 0221011562 115#Im Street#F $ 97.64 142583101031 00007830 0221011571 115 Elm Street#h#1#J $ 120.42 142583101031 $ 2,406.18 o�E 1i4; City of Farmington p 430 Third Street 4Farmington,Minnesota o 651.280.6800 -Fax 651.280.6899 '�+r.� a www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Approve Purchase of Electric Ice Resurfacer DATE: February 1,2016 INTRODUCTION The State of Minnesota, through the Minnesota Amateur Sports Commission(MASC),recently announced Mighty Duck Grant(Grant)funding recipients. The City of Farmington was chosen as a recipient of a $50,000 grant. The grant agreement form has been fully executed allowing the city to move forward with purchasing an electric ice resurfacer(resurfacer). DISCUSSION The city is currently a member of the National Joint Powers Alliance(NJPA). Because the city is a member of NJPA, it benefits from NJPA's cooperative contract purchasing opportunities while streamlining the required purchasing process.As a municipal national contracting agency,NJPA establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. Joint powers laws enable members to legally purchase through their awarded contracts. A resurfacer is one of the items that NJPA solicits and receives a purchasing contract from specific vendors. NJPA currently has a resurfacer purchasing contract in place with Zamboni, Inc. The contract price, including shipping, is $129,963.75. Staff has contacted MASC to confirm the city is allowed to purchase the resurfacer from Zamboni, Inc off of the NJPA purchasing contract rather than having to go through a competitive bidding process. MASC has confirmed the city is allowed to purchase the resurfacer in this manner and does not have to go through a competitive bidding process. BUDGET IMPACT While the grant's expiration date is June 2017, staff would like to move forward with ordering a resurfacer because it takes up to 240 days for it to be built and delivered. This would allow the resurfacer to be used during the 2016-2017 ice season. Payment for the new resurfacer is 30 days from the date it is shipped to the city,which means invoicing will likely occur sometime either in September or October 2016. Funding to purchase the resurfacer would come from the following sources: • $69,963.75 from the Arena's Capital Improvement Fund, (includes the first 9 months of$20,000 transfer from the general fund to the Arena's Capital Equipment Fund and FYHA annual$5,000 capital contribution in 2016) • $10,000 from the Farmington Liquor Store in exchange for sole advertising rights on the resurfacer • $50,000 from Park Improvement Fund,which will be reimbursed once the grant funds are received ACTION REQUESTED Approve by motion authorizing city staff to purchase off of the NJPA purchasing contract, a new resurfacer from Zamboni,Inc at a cost of$129,963.75 and by utilizing the above funding sources. o�cEi City of Farmington 430 Third Street Farmington,Minnesota �o 651.280.6800 -Fax 651.280.6899 a.agoo www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Adam Kienberger, Community Development Director SUBJECT: EDA's 2016-2018 Strategic Plan for Economic Development DATE: February 1,2016 INTRODUCTION The EDA conducted a strategic planning work session at their October 26,2015 meeting to draft an outline for their 2016-2018 Strategic Plan for Economic Development. DISCUSSION - Strategic planning is a key component of economic development.A three-year strategic plan is a valuable tool for both elected and appointed officials, as well as staff to provide work direction and prioritization of new initiatives. What emerged were five key priorities the EDA will focus on over the next three years: 1. Develop tools for promoting growth and development in Farmington. 2. Develop strong incentive policies to ensure proper use of tools. 3. Explore plans for acquiring land for new industrial development. 4. Complete the development of Vermillion River Crossings. 5. Define and utilize the existing or future resources of the EDA. At their January 7, 2016 Special Meeting the EDA unanimously voted to forward this plan to the city council for approval. The complete document is attached. BUDGET IMPACT NA ACTION REQUESTED Approve the attached EDA 2016-2018 Strategic Plan for Economic Development. ATTACHMENTS: Type Description Exhibit 2016-2018 Strategic Plan for Economic Development Farmington Economic Development Authority AR 6:s i,„ 4,9t. A PROv"- 2016-2018 Strategic Plan for Economic Development January 2016 1 Introduction "The key to successful communities is their heart and soul—the unique cultures, landscapes, traditions and values that people cherish—and with people themselves taking action to enhance and sustain the places they love. Many communities are ready to protect their unique character,deeply engage their citizens,and meet the challenges of the 21st Century.Economic Development is one of those challenges,and citizens can assist with it by shopping locally and creating awareness to other citizens about the businesses within the City."(Farmington 2430 Comprehensive Plan—Chapter so:Economic Development Element) Strategic planning is a key component of economic development.A three-year strategic plan is a valuable tool for both elected and appointed officials,as well as staff to provide work direction and prioritization of new initiatives. The following document outlines the EDA's areas of focus for 2016-2018. Participation EDA Members: Todd Larson, Chair Jeri Jolley,Vice Chair Doug Bonar Steve Wilson Kirk Zeaman Adam Kienberger, Executive Director Dr. Craig Waldron, Facilitator 2 Mission The Economic Development Authority's mission is to improve the economic vitality of the city of Farmington and to enhance the overall quality of life by creating partnerships,fostering employment opportunities, promoting workforce housing,and expanding the tax base through development and redevelopment. Role of the EDA The role of the Farmington EDA is to serve as an advisory board to the City Council on matters related to economic development.Through policy development and implementation of new and existing tools,the EDA serves as the voice of economic development. 3 Strategic Priorities The following five priorities were ranked by the EDA at their strategic planning session and are defined below.These priorities will serve as the focus and primary guidance of the EDA from 2016-2018. Because new opportunities and ideas will arise during this timeframe,these priorities are meant to serve as the focus areas of the EDA while allowing flexibility to thoughtfully explore other topics deemed important. i.. Develop tools for promoting growth and development in Farmington. 2. Develop strong incentive policies to ensure proper use of tools. 3. Explore plans for acquiring land for new industrial development. 4. Complete the development of Vermillion River Crossings. 5. Define and utilize the existing or future resources of the EDA. 4 Implementation Strategies s. Develop tools for promoting growth and development in Farmington. • Identify traditional economic development tools • Identify tools that can be unique to Farmington • Identify existing resources • Identify potential resource partners • Recommend tools to City Council 2. Develop strong incentive policies to ensure proper use of tools. • Discuss criteria and thresholds desired for individual tools(i.e.job creation, wages,etc.) • Recommend policies to City Council • Allocate necessary resources • Promote available tools o Website etc. 3. Explore plans for acquiring land for new industrial development. • Provide input on the 2040 Comprehensive Plan and land use designations o Encourage additional collaboration between advisory bodies o Joint meeting(s)with Planning Commission • Maintain relationships with local landowners • Explore additional ways to facilitate land development 4. Complete the development of Vermillion River Crossings. • Maintain relationship with broker/landowners • Consider alternate land use options • Discuss existing assessments 5. Define and utilize the existing or future resources of the EDA. • Do current resources align with desired tools/initiatives? • Explore economic development revenue opportunities • Joint meeting(s)of the EDA and City Council 5 2016 Work Plan—TBD Check in on strategic priorities at each EDA meeting to demonstrate progress or discussion needed. 6 o i City of Farmington iii) 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .A www.cifarmington.mn.us TO: Mayor, Counci7tnembers and City Administrator FROM: Robin Hanson,Finance Director SUBJECT: Partial Prepayment of Fire Truck Loan DATE: February 1,2016 INTRODUCTION As part of the second installment of its December 2015 property tax revenues,the city received approximately$155,000 in TIF redistribution and excess funds. This represents the city's portion of the redistribution of funds from Redevelopment District 2-City Center. DISCUSSION The expenditure of the TIF redistribution and excess funds is not restricted by TIF rules and regulations. These funds may be invested as the city determines is in its best interest. Staff recommends these funds be applied as a prepayment on the General Fund's Fire Truck Loan from the Water Fund. Prepaying the loan will save the city interest and relieve pressure on the 2017 budget/debt levy. BUDGET IMPACT Prepaying the loan will save the city approximately$4,500 in interest and relieve pressure on the 2017 budget/debt levy by eliminating the 2017 Fire Truck loan payment. ACTION REQUESTED Authorize staff to apply the 2015 TIF redistribution and TIF excess funds received in January 2016 in the approximate amount of$155,000 to the city's Fire Truck loan as of February 1,2016. „‘01411/4s„ City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899.,, www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Approve Agreements with National Council On Aging for Aging Mastery Program Grant DATE: February 1, 2016 INTRODUCTION The National Council On Aging(NCOA)recently accepted applications from Minnesota communities for grant funding to initiate a new program it has created called Aging Mastery Program(AMP),which is a program for older adults. Staff from the cities of Farmington and Rosemount cooperatively worked together to submit one AMP grant(grant)application that would allow funding for the program to occur in both cities. Staff members from both cities were pleased to learn they were recently selected to receive one of 13 grants given to communities in Minnesota. The total grant awarded was $16,800.00,which includes $12,000.00 in grant funding and additional in-kind program course materials valued at$4,800.00. DISCUSSION AMP is a new program developed by the NCOA. Information about AMP has been included as an attachment to this memo. The goal of this 10-session course is to provide participants with an overview of the challenges to be encountered when navigating life in old age. It addresses the following topics: • • introduction to aging mastery/thinking about the gift of time/practicing gratitude • • physical fitness and exercise • sleep • healthy eating and hydration • • medication management • • falls prevention • fmancial fitness • • healthy relationships • • advanced planning • • civic engagement. As a result of being approved for grant funding from NCOA, the cities of Farmington and Rosemount will each offer separate 10 week AMP courses. Residents from both communities may register to attend either one of the sites. Farmington will offer the course at the Rambling River Center. The only requirement to register for AMP when it is offered in Farmington is meeting the minimum age requirement of 50 years and older. In order for the cities of Rosemount and Farmington to receive AMP funding,both must first enter into separate agreements with NCOA. Attached are the Grantee Agreement form and an AMP Agreement form that both cities are being asked to approve. Both cities will split the grant funding equally. Funding will cover the cost of offering the 10 week AMP course one time in each community. The AMP offered in Farmington will begin on March 30,2016 and run consecutively for 10 weeks. The AMP offered in Rosemount will be offered this fall beginning in September and run consecutively for 10 weeks. BUDGET IMPACT The grant will provide a total of$16,800.00 in funding,which includes an in-kind amount of$4,800.00 from NCOA for course materials,to the cities of Farmington and Rosemount to cover costs directly associated with offering AMP. There are no matching funds required from either city to offer the AMP course. Once the Grant Agreement has been properly executed for both cities, an initial allotment of$6,000.00 in grant funding will be advanced for the first AMP course to be offered in the city of Farmington beginning on March 30, 2016. The$6,000.00 initial allotment will be used to purchase equipment and other materials needed for the AMP course. ACTION REQUESTED Approve by motion the attached Grantee Agreement form and an Aging Master Program Agreement form with the NCOA. ,ATTACHMENTS: Type Description ® Exhibit AMP Description © Exhibit NCOA Grantee Agreement © Exhibit NCOA Aging Master Program Agreement AMP National Council on Aging AGING MASTERY PROGRAM" Live Well — Do Well —Age Well ti, '` The Aging Mastery Program®aims to help millions of • " ) baby boomers and older adults take key steps to ( '!iii, improve their well-being, add stability to their lives, and strengthen their ties to communities. When they = • - Y , participate in the Aging Mastery Program® (AMP), « _, 1 individuals create their own personal pathways for t t , aging well via actionable goals, sustainable :. a a . = . behaviors, peer support, and incentives. What is AMP? We are living longer. Are we living better? The Aging Mastery Program® is an approach to living that celebrates the gift of longevity. The program combines goal-setting, daily practices, Why is AMP Important? and peer support to help participants make meaningful changes in their lives. Central to the Life expectancy has increased dramatically over AMP philosophy is the belief that modest lifestyle the past 50 years, yet societal expectations of changes can produce big results and that people older adults have changed little. Moreover, people can be empowered and supported to cultivate are generally unprepared for this increased health and longevity. longevity. AMP offers an innovative approach to guide individuals through this phase of life. The program incorporates evidence-informed Our goal is to change societal expectations about materials, expert speakers, group discussion, peer the roles and responsibilities of baby boomers support, and small rewards to give participants and older adults and to create fun and easy-to- the skills and tools they need to achieve follow pathways for getting more out of life. measurable improvements in managing their health, remaining economically secure, and Equally important, the program encourages contributing actively in society. All program mastery—developing sustainable behaviors materials and resources align with the goal of across many dimensions that will lead to helping people enjoy self-sufficient lives. improved health, stronger financial security, enhanced well-being, and increased connectedness to communities. Each level of "This program was very uplifting, mastery is based on consistency and duration, and I learned that the aging process can be done allowing participants to set individual goals. In graceful/y, I am working on a plan addition, a reward system both motivates and for the future to share with my family." encourages ongoing participation. -AMP Participant NATIONAL COUNCIL ON AGING 1901 L Street,NW,4th Floor • Washington,DC 20036 • 202-479-1200 www.NCOA.org r www.facebook.com/NCOAging • www.twitter.com/NCOAging How Will AMP Grow? "AMP has had a positive impact on NCOA believes that AMP has great potential for both the attendance in other c/asses and nationwide scaling because of the benefits it will activities, as well as motivated individuals produce for older adults, senior centers, and other to participate in new classes." community organizations across the country. - Senior Center Director Using a rapid-cycle innovation strategy, we are partnering with community organizations, private How Does AMP Add Value? foundations, corporations, and government agencies to develop new aspects of the program. Senior Centers and Retirement Communities Initial pilot projects involving 225 participants in 5 AMP is a marketable program to attract new states were very encouraging and demonstrated a participants and position centers as vibrant strong demand for the program. Most importantly, community spaces with valuable resources. AMP preliminary results have shown that older adults in can transform senior centers into wellness centers the program significantly increased their: and broaden their demographic appeal. AMP can • social connectedness also help energize and motivate residents of • physical activity levels retirement communities to take steps that improve • healthy eating habits their health and well-being. • use of advanced planning • participation in evidence-based programs Foundations and Nonprofits • adoption of several other healthy behaviors AMP can incorporate specific programs and/or interventions that align with an organization's mission. "My senior center is a strong ally as I age. I sleep better, exercise regularly, Corporations socialize regularly,and eat healthier." AMP offers both a platform and a network to reach - AMP Participant and serve older adults and to get them to take actions that will improve their health and well-being. The program is now entering its third round of "alpha"testing, which will include materials on both Our Country health and financial mastery. In all, "alpha"testing AMP encourages baby boomers and older adults to will reach 1,000+ people. give time each day in service to themselves and others. As a result: Next, we will conduct"beta"tests with 5,000+ ▪ People will be healthier, more productive people and test the AMP model though a major and have a better quality of life multi-community demonstration program. NCOA is ▪ Overall health care costs will be lower collaborating with the Columbia University Center • Communities and society will be on Aging to design the evaluation of these pilots. strengthened Concurrently, we plan to build an online platform to NCOA has 50+ years of experience in developing include courses, videos, and tools to keep and delivering signature programs that improve participants engaged in the Aging Mastery health and economic security. We understand Program®. Our goal is to reach 5,000,000+ older how to partner with organizations across the adults by 2020 through a nationwide network of country to motivate and support people to senior centers, retirement communities, and online change behaviors and make better decisions. materials. NATIONAL COUNCIL ON AGING 1901 L Street,NW,4th Floor ■ Washington,DC 20036 • 202-479-1200 www.NCOA.org • www.facebook.com/NCOAging ■ www.twitter.com/NCOAging National Council on Aging Grantee Agreement This Agreement is entered into as of January 1,2016 by and between The National Council on the Aging Inc.,hereinafter referred to as"NCOA", and City of Farmington hereinafter referred to as"GRANTEE". The GRANTEE agrees to operate the project in accord with and the terms and conditions attached hereto and any exhibits included herein and in accordance with the terms of the AMP Program Agreement executed contemporaneously with this Grantee Agreement(the "AMP Program Agreement"). This Agreement is contingent,in its entirety, on GRANTEE'S strict conformance with the terms of this Agreement and the AMP Program Agreement. GRANTOR I GRANTEE National Council on Aging City of Farmington 251 18th Street,South 430 Third Street,Farmington,MN 55024 Suite 500 Organization Congressional District: 2nd Arlington,VA 22202 GRANTEE GRANT January 1,2016 to June 1,2017 (the"Grant Period") PERIOD Funds Awarded $12,000 NCOA will provide grant funding to Grantee in the amount of$12,000,half of the funding ($6,000)will be distributed upon execution of this Agreement and the AMP Program Agreement and an additional$6,000 will be distributed in the summer of 2016 upon successful completion of the first 10 week course (including entering program data to the AMP community site).Grant funding will be designated solely for use to implement the AMP Program in accordance with the terms of this Agreement and the AMP Program Agreement. Method of Payment [] Cost [X] Advance Payment Reimbursement Approved for NCOA by: I Approved for GRANTEE by: NAME Donna Whitt NAME 740/," Larvcy TITLE Chief Financial Officer TITLE /11 ttycr SIGNATURE SIGNATURE DATE DATE ADDITIONAL TERMS AND CONDITIONS Page 1 of 7 WHEREAS,the GRANTEE, an independent contractor,has agreed to provide services as detailed below;NCOA and the GRANTEE desire to enter into an agreement whereby NCOA will distribute funds received under its grant to the GRANTEE in exchange for said services. That NCOA and the GRANTEE acting by and through their representatives have collectively agreed and by execution hereof are bound to the mutual obligations and to the performance and accomplishments of the tasks and provisions hereafter described. I. PURPOSE A. Project Objectives The GRANTEE understands and agrees that the purpose of the Agreement is to: The goal of this initiative is to improve the health, independence, and well-being of rural older adults by introducing the Aging Mastery Program®into 39 small towns and rural areas in Minnesota, Washington and Wisconsin. The primary objectives,to be undertaken during the Grant Period include: • Send two staff members to attend a one-day, centrally located training in their state in January or February of 2016.Travel costs for two staff from each site will come from the $12,000 grant funds given to each organization. • Participate in regular technical assistance and training activities. • Provide at least three, 10-week courses to a total of 80-90 participants over 18 months (one or more courses in the spring of 2016,one or more in the fall of 2016, and one or more in the spring of 2017).For these three courses,NCOA will provide all of the participant materials as an in-kind contribution. • Offer ongoing AMP engagement activities for the period of the grant for completers of the 10-week course,using materials to be provided by NCOA.These activities will include:periodic elective classes, daily practices program materials to reinforce individual behavior change, and AMP club activities.At least one of the elective classes and some of the suggested AMP Club activities will include an intergenerational component. • Work with state leads and NCOA to develop and implement sustainability strategies. Assuming the program is successful, make good faith efforts to sustain the program with sources of funding other than this grant, including offering at least one more 10-week program in the Fall of 2017 with participant materials($60 per person)not paid for by NCOA. B. Special Assurances 1) GRANTEE agrees to use its best efforts to comply with this Agreement and the AMP Program Agreement. 2) In the event that GRANTEE is unable to perform such services in a manner consistent with this Agreement and the AMP Program Agreement,GRANTEE agrees to immediately notify NCOA of such,in writing. Page 2 of 7 II. GRANTEE RELATIONSHIP A. Legal Authority The GRANTEE warrants that it is in compliance with all applicable state and federal requirements and standards and that it possesses the legal authority pursuant to any proper, appropriate and official motion,resolution or action passed or taken,giving the GRANTEE authority to enter into this Agreement,receive the funds authorized by this Agreement,and to perform the services the GRANTEE has obligated itself to perform under this Agreement. The person or persons signing and executing this Agreement on behalf of the GRANTEE,or representing themselves as persons authorized to sign and execute this Agreement on behalf of the GRANTEE, do hereby warrant and guarantee that they have been fully authorized by the GRANTEE to execute this Agreement on behalf of the GRANTEE and to validly and legally bind the GRANTEE to all terms,conditions,performances and provisions herein set forth. NCOA shall have the right to suspend or terminate this Agreement if there is a dispute as to the legal authority of either the GRANTEE or the person executing this Agreement on its behalf. In such event, GRANTEE shall refund to NCOA all grant funds received as of the date of such suspension or termination. B. Independent Contractor Each of the parties is an independent contractor and neither party is,nor shall be considered to be,an agent, distributor or representative of the other. Neither party shall act or represent itself,directly or by implication,as an agent of the other or in any manner assume or create any obligation on behalf of,or in the name of,the other. Neither party has authorization to enter into any contracts, assume any obligations or make any warranties or representations on behalf of the other party. Nothing in this Agreement shall be construed to establish a relationship of co-partner or joint venture between the parties. NCOA shall not be responsible and shall have no obligation to GRANTEE,the employees of GRANTEE or any governing body to withhold Federal, State,or local income tax,or NCOA's employee portion of FICA or other payroll taxes,and other taxes relating from any individual assigned by GRANTEE to provide services under this Agreement. C. Prohibition on Lobbying 1) GRANTEE will not attempt to influence any member of Congress,State or local legislator to favor or oppose any legislation or appropriation with respect to this agreement. 2) Grant funds shall not be used for publicity or propaganda purposes, for the preparation, distribution,or use of any kit,pamphlet,booklet,publication,radio,television,or film presentation designed to support or defeat legislation pending before the Congress or state and local legislatures. Page 3 of 7 3) Grant funds shall not be used to pay the salary or expenses of any grant or contract recipient,or agent acting for such recipient,related to any activity designed to influence legislation or appropriation pending before the Congress or state and local legislatures. D. Scope of Agreement Except for the AMP Program Agreement,this written instrument constitutes the entire agreement by the parties hereto concerning the subject matter hereof,and any prior or contemporaneous,oral or written agreement which varies from the terms hereof shall be void. The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court, federal agency,board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. Provided,however,that NCOA retains the right to terminate this Agreement in accordance with this Agreement,at NCOA'S discretion,in the event of breach by GRANTEE or,immediately upon written notice to GRANTEE if NCOA has a reasonable basis for believing the GRANTEE is not or will not be carrying out the project as specified herein and in the AMP Program Agreement. E. Reporting Requirements GRANTEE will be responsible for engaging in the participatory evaluation process which will include: • Active participation in identifying the learning and evaluation issues; • Utilizing the online AMP community to enter program data from your participants including demographic data,participant satisfaction data, and attendance. • Provision of information and sources for data collection; • Participate in semi-structured interviews administered at two time points: at the beginning and the end of the AMP program for evaluation purposes. • Assist NCOA in devising action plans to address the programmatic and operational issues to be addressed by their model; and, • Participation in the feedback loop for distribution of the findings from the research at each data collection point. The above activities will require a minimum of hours as stated below to meet the reporting requirements: • Two hours a month during the project activity period. The above time allocations could be spent in site visits,conference calls, focus groups, completing on-line surveys,reviewing reports and providing written feedback,or other activities deemed by NCOA to be needed to complete the evaluation. Page 4 of 7 F. Subcontractors Without NCOA's express prior written consent,which may be withheld in NCOA's sole discretion,GRANDE shall not subcontract or delegate any work under this Agreement, in whole or in part,to any third party. GRANTEE shall provide NCOA written notice of any proposed subcontracting, including information about the services to be subcontracted,the identity of the subcontractor,a copy of the proposed agreement with such subcontractor and other reasonable detail for NCOA to consider such request. NCOA shall provide written notice to GRANTEE within 10 calendar days after notice from GRANTEE of the subcontractor and the proposed agreement. Failure of NCOA to respond to a request for consent from GRANTEE within such 10 calendar day period shall be deemed to be NCOA's approval of the subcontractor and the agreement. GRANTEE shall be responsible and liable for the performance of any subcontractors, subsidiary or affiliated companies and shall be liable for such subsidiary, affiliated company or subcontractor's misuse or misappropriation of any Confidential Information or other breach of the terms of this Agreement,the AMP Program Agreement and the subcontractor's agreement with GRANTEE. III.GENERAL ADMINISTRATIVE PROVISIONS A. Period of Performance The term of this Agreement shall be for the period of Janwiry 1,2016 to June 1,2017. B. Total Funds Awarded NCOA shall provide GRANTEE the grant funding shown on Page 1 of thisAgreement for the Grant Period in accordance with the payment terms described therein. Payments will be distributed via check to the GRANTEE only after receipt of this Agreement and the AMP Program Agreement, signed by both parties,and a completed W-9 form. It is understood and agreed that in no event shall the total distribution of grant funds made by NCOA to GRANTEE during the term of this Agreement exceed the amount designated on Page 1. This Agreement may be terminated by the parties as follows: 1) Termination for Cause Each party shall have the right,in addition to any other rights and remedies available to the party,to terminate this Agreement by written notice to the other party if the other party breaches any material provision of this Agreement and,in the case of a breach capable of cure,fails to cure such breach within thirty(30)days of the receipt by the breaching party of notice specifying the breach and requiring its remedy. lithe breach is incapable of cure,the non-breaching party may terminate this Agreement immediately upon written notice to the breaching party. 2) Termination for Convenience Page 5 of 7 NCOA may terminate this Agreement for convenience upon at least thirty(30)days' advance written stating the effective date of such a termination. The GRANTEE shall be entitled to receive or retain just and equitable compensation for any allowable services satisfactorily performed hereunder through the date of termination. Any grant funding received by GRANTEE is excess of this amount shall promptly be refunded to NCOA. 3) Effect of Termination Upon termination of this Agreement for any reason,NCOA will determine the amount due the GRANTEE,or otherwise,such sum will in no event exceed the face value of this Agreement. In the event of termination for any reason,the grant funding which is payable under this Agreement shall be equitably adjusted by NCOA. IV.MISCELLANEOUS A. No Advertising/Publicity Except for the limited license rights in the AMP Program Agreement,neither party shall, without the prior written consent of the other,use in advertising,publicity, on the internet or otherwise the names,trade names,service marks,trade dress or logo of the other party or any of its affiliates or refer to the existence of this Agreement in any press releases, advertising,web sites or materials distributed or made available to prospective customers or other third parties. B. Successors and Assigns GRANTEE shall not assign,transfer or delegate any of the rights or obligations under this Agreement without the prior written consent of NCOA,which may be withheld in the sole discretion of NCOA. This Agreement and all of its provisions shall inure to the benefit of and become binding upon the parties and the successors and permitted assigns of the respective parties. C. Survival Any provision of this Agreement which by its nature must survive termination or expiration in order to achieve the fundamental purposes of this Agreement shall survive any termination or expiration of this Agreement. D. Confidential Information This Agreement shall apply to all confidential and proprietary information disclosed by each party to the other including,but not limited to,data relating to a party's products, equipment, inventions,discoveries,trade secrets,secret processes,knowledge databases and proposals which access knowledge databases, financial data,personnel records,patient Page 6 of 7 records,medical records,health information,test results,proprietary computer programs, marketing information,and any other similar information which is(a)clearly marked to indicate its confidential or proprietary status,if disclosed by one party to the other in written,graphic,recorded,photographic or any machine readable form, or(b)by its nature proprietary or non-public,even if not marked and regardless how it is disclosed. A party's Confidential Information shall include Confidential Information of a party's contractors, agents,and vendors. - "Confidential Information" shall not include information which (a) was already known to either party prior to the time that it is disclosed to such party hereunder; (b) is in or has entered the public domain though no breach of the Agreement or other wrongful act of either party; (c) has been rightfully received from a third party without breach of this Agreement; (d) has been approved for release by written authorization of either party; or(e) is required to be disclosed pursuant to the final binding order of a governmental agency or court of competent jurisdiction, provided that NCOA has been given reasonable notice of the pendency of such an order the opportunity to contest it. Both parties agree to hold the other's Confidential Information in strict confidence and not to disclose such information to any third party, or to use it for any purpose other than to exercise its rights and perform its obligations under this Agreement. Each party agrees that it will employ reasonable measures to protect the Confidential Information from unauthorized or inadvertent disclosure, including without limitation all steps that it takes to protect its own information that it considers proprietary. Either party may disclose the other's Confidential Information only to those employees having a need to know and only to the extent necessary to enable the parties to adequately perform their respective responsibilities. No copies of the Confidential Information shall be made by either party except as may be necessary to perform services relating to the Confidential Information. If requested by NCOA,GRANTEE agrees to destroy any NCOA Confidential Information. E. Governing Law This Agreement shall be governed by, and construed in accordance with,the laws of the State of Delaware without giving effect to choice of law principles.Any action brought under or in relation to this Agreement shall be brought in a State or Federal court with venue in the State of Virginia,Arlington County. The parties consent to the jurisdiction of such courts over them, stipulate to the convenience,efficiency and fairness of proceeding in such courts,and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts. Page 7 of 7 National Council on Aging AGING MASTERY PROGRAM® AGREEMENT THIS AGING MASTERY PROGRAM®AGREEMENT(the"Agreement"),effective as of January 1,2016 ("Effective Date")is made by and between the National Council on Aging,Inc.,with offices located at 251 18th Street South,Suite 500,Arlington,VA 22202 ("NCOA")and City of Farmington a Minnesota municipal corporation,having principal offices at 430 Third Street,Farmington,Minnesota("Client"). BACKGROUND NCOA is the nation's leading nonprofit service and advocacy organization representing older adults and the community organizations that serve them. NCOA works with local and national partners to give older adults tools and information to stay healthy and secure,and advocates for programs and policies to improve the lives of older adults. Consistent with NCOA's mission of improving the lives of millions of older adults,NCOA has developed an incentive-based educational program currently known as the Aging Mastery Programli4 (the"Program"),designed to provide seniors the education,information and resources they need to improve their health and wellness. Client is an organization serving older adults and wishes to utilize the Program for the benefit of older adults and NCOA wishes to make the Program available to Client,on the terms and conditions described in this Agreement. AGREEMENT In consideration of the mutual promises contained herein,and for other good and valuable consideration,the parties agree as follows: 1. DEFINITIONS. In addition the any terms defined in the text of this Agreement,the following capitalized terms shall are defined as follows: 1.1 "Administrator"means an employee of Client who is authorized by Client to administer the Program on its behalf,including managing Program Sessions and related documents for Participants and reporting of Program metrics to Client. 1.2 "Affiliate"means any corporation or other business entity controlled by,controlling,or under common control with a party. For this purpose,"control"means(i)direct or indirect beneficial ownership of fifty (50%)percent or more of the voting control,or(ii)the power to direct or cause the direction of the management and policies of such corporation or other business entity. 1.3 "AMP Program"means,collectively,the Program and Content. 1.4 "Content"means the copyrighted Aging Mastery Program®educational and resource materials and content and information provided or referenced therein,including all text,methodologies,approaches,and organization and any additional materials,including training,demonstration and promotional materials developed and licensed by NCOA in connection therewith. 1.5 "Educational and Research Purposes"means,and is limited to,participating in and conducting in- person,community-based training sessions,and participating in NCOA-sponsored research activities regarding participation in,and effectiveness of,the AMP Program. 1.6 "Participant"means an individual assigned to participate in a Program Session. 1.7 "Participant Data"means,collectively,(a)all demographic,healthcare and related program information relating to any Participant,including,without limitation,demographic data and data developed or obtained by NCOA or Client with respect to any Participant in connection with the provision of the AMP Program, whether from NCOA,Participants,Client or others,individually or collectively;and(b)all reports,compilations, analyses,or any other works derived from such information. • 1.8 "Program"means the community-based copyrighted incentive-based educational program developed by NCOA currently known as the Aging Mastery Program®,including cuniculum,program materials for distribution to Participants,methods,methodologies,approaches,training materials,organization and know-how, together with any improvements,modifications and subsequent versions made generally available to third parties by NCOA during the Term. 1.9 "Program Session"means,collectively an in-person,community-based educational session or sessions, conducted in-person for the purpose of implementing and-or participating in the AMP Program. 1.10 "Administrative Tools"means,collectively,all administrative tools and other resources concerning the Program made available by NCOA to Client administrators to assist with administration of the AMP Program and evaluation of Participants'participation in the AMP Program,including electronic versions of AMP Program documents and online access to usage metrics and AMP Program materials. Administrative Tools are not accessible by Participants. 2. LICENSE GRANT 2.1 Grant of License to the AMP Program. Subject to the terms and conditions of this Agreement, including payment of applicable fees,NCOA hereby grants to Client a limited,personal,nonexclusive, nontransferable and revocable license during the Term,without the right to sublicense or assign,to use the AMP Program and to make the AMP Program available to Participants solely for Educational and Research Purposes. In addition,NCOA hereby grants to Client a limited,personal,nonexclusive,nontransferable and revocable license during the Term,without the right to sublicense,assign,or transfer,to use the Administrative Tools solely for access by Administrators to manage the AMP Program on Client's behalf for the benefit of Participants. 2.2 License Limitations. 2.2.1 Client may not sublicense,distribute,display or make available the Administrative Tools to Participants or any third party in any form,or copy,modify or make any derivative works utilizing the Administrative Tools,in whole or in part. 2.2.2 Client may not sublicense,distribute,display or make available the AMP Program,or any portion of it,to any third party except as specifically allowed in Section 2.1 and may not copy,or create any derivate works based on the AMP Program or any portion of it. Except as provided in Section 2.1,Client may not distribute,display,copy or make available the AMP Program to any party in any form(including physical media, online display or in video form). 2.2.3 No license is granted for any other purpose other than described in this Section 2 and there are no implied license rights. 2.2.4 All rights not expressly granted to Client are reserved by NCOA. 2 2.3 Restrictions on Use. Use of the AMP Program in any manner other than described in this Agreement is strictly prohibited. Client may access and use the AMP Program solely for its own internal business use for Educational and Research Purposes. Client shall not use the AMP Program or any related documentation or materials for any unlawful purpose and shall cause its Participants to comply with this restriction. Without the express prior written consent of NCOA,Client shall not;a)copy or modify the AMP Program;b)distribute,disclose,market,rent,lease,transfer or otherwise distribute or provide the AMP Program to any third party;c)create any derivative work of the AMP Program;d)modify or remove any copyright, trademark or other proprietary notices contained on or in the License Program and related materials;or e)disclose to any third party or publish the results of any research concerning the AMP Program or any results or performance benchmarks concerning the AMP Program. 2.4 Training and Support. NCOA shall provide a one-time initial AMP Program training session in such manner and at such date and time as reasonably determined by NCOA for purposes of introducing Client and its employees to the AMP Program and training Administrators in conducting the AMP Program,including use of AMP Program materials and Administrative Tools. In addition,NCOA shall provide general email and telephone support during customary NCOA business hours at such email address and number as designated by NCOA. Such support shall be provided to no more than two(2)designated representatives of Client to answer implementation questions concerning the AMP Program. NCOA may also provide additional training programs during the Term as determined by NCOA in its sole discretion,provided however that NCOA will review and consider input from Client concerning possible improvements and additions to training protocols and training materials for implementation of the AMP Program. 2.5 Quality. Client shall comply with all quality standards and guidelines concerning the AMP Program provided in writing by NCOA from time to time. Failure by Client to maintain such quality standards in utilizing the AMP Program shall constitute a breach of this Agreement,enabling NCOA to terminate this in accordance with the provisions of Section 7.3. 3. OWNERSHIP RIGHTS/USE OF MARKS 3.1 AMP Program. Client acknowledges and agrees that as between Client and NCOA,NCOA owns all right,title and interest in and to the AMP Program,including the Administrative Tools and all modifications, improvements and derivate works derived therefrom,including without limitation any and all copyrights,patents, trade secrets,trademarks and other intellectual property rights therein. 3.2 Limited License to Trademarks. Subject to the terms and conditions of this Agreement,including payment of applicable fees,NCOA hereby grants to Client a limited,personal,nonexclusive,nontransferable and revocable license during the Term,without the right to sublicense or assign,to use NCOA's name and approved logo and trademarks solely for purposes of promoting the AMP Program in the United States. Any such use or display shall be in accordance with NCOA instructions and in compliance with any guidelines provided by NCOA. 3.3 Trademark License Limitations. Client agrees not to take any actions which are harmful to,or inconsistent with,NCOA's rights in its name,logos,trademarks,service marks,trade names and other business names. Except as expressly provided in Section 3.2,Client does not acquire any rights and is not granted any rights or licenses under any trademarks or other intellectual property rights of NCOA or any of its Affiliates and may not use the foregoing for any purpose without the express prior written consent of NCOA. Client acknowledges and agrees that NCOA owns all right,title and interest in and to the NCOA name,other business names,logos,trademarks,tradenames and other business names. 4. NONDISCLOSURE 4.1 Confidentiality Obligations. Client agrees to hold the AMP Program and any information relating to this Agreement(including,without limitation,the AMP Program,Program materials,Administrative Tools and Participant data)and any information obtained by Client or its representatives regarding the AMP Program or its 3 • use)(collectively referred to as the"Confidential Information")in strict confidence and not to use or disclose the Confidential Information,in whole or in part,except as expressly permitted in this Agreement or otherwise with the prior written consent of NCOA. Client may disclose the Confidential Information to employees of Client,but only to the extent they have a need to know to conduct the AMP Program and Client has advised them that such information is Confidential. Client agrees to instruct any such employees in advance who will have access to the AMP Program that they must comply with the restrictions set forth in this Agreement. • 4.2 Exceptions. Client shall have no obligation to maintain the confidentiality of any information which (a)is or becomes publicly available without breach of this Agreement;(b)is rightfully received by Client from a third party without an obligation of confidentiality and without breach of this Agreement;(c)is developed independently by Client without access to or use of the Confidential Information;or(d)has been approved for release by prior written authorization of NCOA. 5. DISCLAIMERS 5.1 Changes to AMPPrograraz. Client understands,acknowledges and agrees that:a)the AMP Program may be revised and/or supplemented by NCOA from time to time without notice to Client;and b)the AMP Program may contain errors,design flaws or other problems which may not be corrected by NCOA. • 5.2 Disclaimer of Warranties. CLIENT AGREES THAT THE AMP PROGRAM IS BEING PROVIDED TO CLIENT ON AN"AS IS"BASIS. CLIENT ASSUMES ALL RISKS WITH RESPECT TO USE OF THE AMP PROGRAM AND AGREES TO MONITOR ITS'USE OF THE AMP PROGRAM AND RESULTS OBTAINED USING THE AMP PROGRAM. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS,AND WARRANTIES INCLUDING,WITHOUT LIMITATION,ANY IMPLIED WARRANTY OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING,USAGE,OR TRADE PRACTICE,ARE DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. 6. LIMITATION OF LIABILITY IN NO EVENT WILL NCOA OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT,OR FOR ANY DIRECT,SPECIAL,INDIRECT,CONSEQUENTIAL,INCIDENTAL,OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE AMP PROGRAM,EVEN IF NCOA OR ITS SUPPLIERS OR LICENSEORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. TERM/TERMINATION 7.1 Term. This Agreement and the license rights granted herein shall commence on the Effective Date and expire twelve months after the Effective Date(the"Initial Term"). Thereafter,this Agreement will automatically renew for successive periods of one(1)year,unless a party provides the other written notice of its intent not to renew within thirty(30)days prior to the expiration date of the then-current term(the Initial Term and any renewal terms,collectively,the"Term"). This Agreement may also be immediately terminated by NCOA upon Client's or its representatives'or Participants'breach of Section 2(license rights)and/or Section 4 (nondisclosure)of this Agreement. 7.2 Return of Materials Any rights to use or access the AMP Program shall cease upon expiration of the Term. Client shall,within two(2)days after the expiration or termination of this Agreement,discontinue all use of the AMP Program and return to NCOA or destroy(including purging from any system or storage media)any and all copies of the AMP Program and any other Confidential Information,including any notes,feedback and other materials relating to the AMP Program. If requested by NCOA,an officer of Client shall certify in writing to NCOA that all copies of the AMP Program and Confidential Information have been returned to NCOA or destroyed. 4 7.3 Termination. 7.3.1 Each party shall have the right,in addition to any other rights and remedies available to the party,to terminate this Agreement by written notice to the other party if the other party breaches any material provision of this Agreement and,in the case of a breach capable of cure,fails to cure such breach within thirty (30)days of the receipt by the breaching party of notice specifying the breach and requiring its remedy. 7.3.2 Upon any expiration or termination of this Agreement,the licenses granted hereunder shall immediately terminate,NCOA's obligations hereunder shall immediately cease,and,at a NCOA's request,the Client shall either promptly return and provide to the requesting party all documents and other material and all electronic or other copies thereof containing any Confidential Information of NCOA or destroy all such documents and other material and all electronic or other copies thereof. At NCOA's request,an officer of the Client shall certify to the requesting party that Client has complied with the terms of the preceding sentence respecting Confidential Information. The expiration or termination of this Agreement for any reason shall not affect any rights or liabilities of the parties which may have accrued prior to the date of expiration or termination. 7.3.3 NCOA my terminate this Agreement at any time upon thirty(30)days'advance written notice to Client in the event NCOA determines,in its sole discretion,to terminate the Pilot or other use of the AMP Program. 7.4 Survival. The rights and obligations of the parties under Sections 3(Ownership);4(Nondisclosure);5 (Disclaimers);and 6(Limitation of Liability)shall survive the expiration or termination of this Agreement for any reason. 8. ADDITIONAL OBLIGATIONS OF CLIENT 8.1 Notice of AMP Program Issues. Client shall promptly notify NCOA of any errors or problems relating to the AMP Program. Client shall cooperate with NCOA in identifying the source of and rectifying any such errors or problems. 8.2 Reporting. 8.2.1 Client shall utilize the Administrative Tools to provide NCOA information concerning Client's use of the AMP Program.Such information shall include the number of times the AMP Program was given;the dates of each Program Session;the number of Participants for each Program Session;the identities and titles of Client's representatives conducting the Program Sessions;and the nature and results of any research activities and benchmarking performed by Client during the applicable period. 8.2.2 From time to time during the Term,NCOA may request information or metrics concerning utilization of the AMP Program. Client shall promptly provide such information as may be reasonably requested by NCOA. 8.3 Marking/Use of Trademarks. Client shall not remove or modify any and all proprietary notices (including any copyright and trademark notices)contained on the AMP Program,or any part of it(including the Administrative Tools,Participant Materials and any content). Except as provided in Section 3.2,Client shall not use or display the name or trademarks,tradenames or service marks of NCOA or its Affiliates without the express prior written consent of NCOA in all instances. Any such use or display shall be in accordance with NCOA instructions and in compliance with any guidelines provided by NCOA. 8.4 Fees. Client shall pay the fees described in Exhibit A(Fees)for access to and use of the AMP Program and Administrative Tools during the Initial Tenn. NCOA may amend the pricing described on Exhibit A at any time,effective as of the commencement of the next subsequent renewal term,upon thirty(30)days' 5 advance written notice to Client. All such fees shall be due and payable within thirty(30)days of invoice. Client shall be solely responsible for determining pricing for participation in the AMP Program by its Participants, as well as billing and collection of such fees from Participants. 9. GENERAL 9.1 Analysis of Participant Data. NCOA shall have the right to access,use,reproduce,compile,and/or aggregate any Participant Data for analytical,academic and other research purposes(including publication of . research reports,articles,presentations and other academic materials),benchmarking and for purposes of extracting,obtaining and providing information related to the use and conduct of the AMP Program,provided that the Participant Data is compiled and presented in de-identified form only,without identifying the identity of the Participant(Participant Data in such de-identified form being referred to as the`De-Identified Data"). NCOA and its subcontractors shall also have the right to make derivative works of any De-Identified Data,including scholarly works and other publications derived from the De-Identified Data and such De-Identified Data may be used freely by NCOA and its subcontractors for any lawful purpose without a duty of accounting to Client. Client further agrees that NCOA may identify Client in works resulting from analysis of the AMP Program and use of the De- Identified Data as a participant in the AMP Program and source of such data. De-Identified Data shall not be considered Confidential Information under this Agreement. 9.2 Audit Rights. Client shall keep and maintain at all times during the Term and for a period of twelve (12)months thereafter(the"Audit Period"),complete and accurate books and records to permit substantiation and verification of compliance with this Agreement.NCOA and/or its representatives shall have the right during the Audit Period,upon no less than fifteen(15)business days prior written notice,to inspect,review and copy the books and records of Client and its subcontractors for the purpose of verifying compliance with the terms hereof and/or assuring high quality implementation of the AMP Program by Client. All audits shall take place at a location or locations designated by NCOA and at mutually agreed times during normal business hours and shall not unreasonably disrupt or interrupt the normal business operations of Client. NCOA shall pay the costs of such audits. 9.3 Compliance with Laws/Indemnity. CLIENT AGREES TO COMPLY WITH ALL APPLICABLE LAWS IN CONNECTION WITH CLIENT'S AND ITS PARTICIPANTS'USE OF THE AMP PROGRAM, INCLUDING BUT NOT LIMITED TO LAWS CONCERNING PRIVACY AND INFRINGEMENT OF THIES PARTY RIGHTS. CLIENT AGREES TO INDEMNIFY NCOA,ITS AFFILIATES AND THIER RESPECTIVE OFFICERS,DIRECTORS AND EMPLOYEES AGAINST LIABILITY TO THIRD PARTIES(INCLUDING GOVERNMENTAL AUTHORITIES)RESULTING FROM CLIENT'S USE OF THE AMP PROGRAM AND ANY FAILURE OF CLIENT AND/OR ITS PARTICIPANTS TO COMPLY WITH SUCH LAWS. 9.4 Injunctive Relief Client acknowledges that any breach of its obligations under this Agreement with respect to the proprietary rights and/or Confidential Information of NCOA will cause NCOA irreparable injury for which there are inadequate remedies at law,and,therefore,NCOA will be entitled to equitable relief in addition to all other remedies provided by this Agreement or available at law or in equity. 9.5 Notices. Any notice required or permitted to be given by either party under this Agreement shall be given in writing and shall be delivered either by hand(provided a written receipt is obtained indicating that such delivery was made),sent by a reputable overnight mail service(e.g.,Federal Express),or by registered or certified mail(return receipt requested),or by facsimile or e-mail(with confirmation copies sent by registered mail) addressed to the receiving party at its address set forth above. Either party may change the address to which notice or payment is to be sent by written notice to the other party pursuant to the provisions of this paragraph. 6 9.6 Assignment. Client may not assign its rights or delegate its obligations hereunder,either in whole or in part,whether by operation of law or otherwise,without the prior written consent of NCOA. Any attempted assignment or delegation(by operation of law or otherwise)without NCOA's written consent will be void. The rights and liabilities of the parties under this Agreement will bind and inure to the benefit of the parties'respective successors and permitted assigns. 9.7 Waiver and Modification. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Any waiver,amendment or other modification of any provision of this Agreement will be effective only if in writing and signed by the parties. 9.8 Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable,that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties,and the remainder of this Agreement will continue in full force and effect. 9.9 Controlling Law. This agreement shall be construed and interpreted in accordance with the Federal laws of the United States and the laws of the District of Columbia,without regard to principles of conflicts of law thereof. The parties stipulate and agree that any litigation arising from or relating to this Agreement will be filed and prosecuted before a court of competent subject matter jurisdiction in the District of Columbia. The parties consent to the jurisdiction of such courts over them,stipulate to the convenience,efficiency and fairness of proceeding in such courts,and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience,inefficiency or 7mfairness of such courts. 9.10 Headings. Headings used in this Agreement are for ease of references only and shall not be used to interpret any aspect of this Agreement. 9.11 Entire Agreement. This Agreement,including all exhibits which are incorporated herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof,and supersedes and replaces all prior and contemporaneous understandings or agreements,written or oral,regarding such subject matter. 9.12 Counterparts. This Agreement maybe executed in two counterparts,each of which shall be an original and together which shall constitute one and the same instrument. A copy of a digital or original signature (including an electronic copy)may be used for any and all purposes for which the original signature may have been used.The parties further waive any right to challenge the admissibility or authenticity of this document in a court of law based solely on the absence of an original signature. IN WITNESS WHEREOF,the parties hereto have executed this Agreement by persons duly authorized as of the date and year first above written. NATIONAL COUNCIL ON AGING,INC. CITY OF FARMINGTON By: By: `� -• Name: Name: '-o c4■11G a e5s7 Title: Title: frilly o 7 • EDIT A FEES Aging Mastery Programs .1 National Council on Aging AMP® Pricing as of 08/18/15 5 Organization Description µ y Single Description Cost What is included One time $3,500 for the first • Planning,training from NCOA staff,technical assistance,and startup cost location access to the online community and tools,marketing and recruitment materials to get the program started in your $500 each for community,and sustainability tools to ensure future additional locations programmatic success. of the same • Ongoing license to provide AMP,subject to rules of organization participation in program.Ongoing technical assistance,access to the online community and tools,and programmatic updates. Core $60 per participant Curriculum for 10 week course • Aging Mastery core program (10 classes) Variable costs (Local partners may • and related materials per choose to price the • Marketing templates participant per program higher to • AMP Daily Practices Log year cover their costs of • AMP note book and pen program delivery.) • AMP tote bag • AMP graduation pins and diploma templates Coming Pricing TBD Soon! Elective class materials and other ongoing engagement activities. Post-core participation opportunities Evaluation Variable TBD based on desired interests and outcome measures. 8