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HomeMy WebLinkAbout04.04.16 Council Packet Meeting Location: Farmington Farmington City Hall Minnesota 430 Third Street Farmington,MN 55024 CITY COUNCIL REGULAR MEETING AGENDA APRIL 4, 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 S. ANNOUNCEMENTS/COMMENDATIONS a) Proclaim April 22,2016 as Earth Day Proclaimed b) Proclaim April 29, 2016 as Arbor Day Proclaimed 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 (3/21/2016 Regular)(3/28/2016 Workshop) - Administration Approved b) Adopt Resolution Approving Master Joint Powers Agreement and Court Data Services Subscriber Amendment for Criminal Justice Data Network- Attorney R26-16 c) Adopt Resolution Accepting Donation from Farmington Firefighters Relief Association—Human Resources R27-16 d) Approve Seasonal Hiring—Human Resources Approved e) Adopt Resolution Accepting Donation to Rambling River Center—Parks and Recreation R28-16 f) Approve Agreement with Marschall Lines, Inc to Provide Bus Service for 2016 Swim Bus Program—Parks and Recreation Approved g) Adopt Resolution Accepting Swim Bus Program Donation from Marschall Line Inc—Parks and Recreation R29-16 h) Trident Development TIF Request Call for Public Hearing—Community Development R30-16 i) Adopt Resolution Declaring Surplus Property—Fire R31-16 j) Approve Storm Water Trunk Fund Transfer to Maintenance Fund for Henderson Project—Finance Approved k) Approve Special Assessment Look Up Software Through eProperty-Finance Approved 1) Approve Bills -Finance Approved REGULAR AGENDA 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Approve Purchase and Installation of Troy Hill Park Playground Equipment— Parks and Recreation Approved 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) 2016 Seal Coating and Trail Maintenance—Engineering Information Received 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Adopt Resolution TH3 Trail Cooperative Agreement-Engineering R32-16 b) Appoint Member to City/School Intergovernmental Committee- Councilmember Administration Donnelly 13. COUNCIL ROUNDTABLE 14. ADJOURN o�FANy�, , City of Farmington 430 Third Street T'' Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ' www.cifarrnington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Lena Larson,Municipal Services Coordinator SUBJECT: Proclaim April 22, 2016 as Earth Day DATE: Apri14,2016 INTRODUCTION The United States has celebrated Earth Day on April 22nd since 1970. In 1990, it became a global event. Promoting Earth Day activities and events educates the public about the importance of caring for the environment by reducing waste, conserving energy and water, and adopting more ecologically sound lifestyles. DISCUSSION In commemoration of Earth Day, the fifteenth annual Community Pond & Park Cleanup will be held on Saturday, April 30, 2016 and the city is partnering again this year with Farmington Area Community Education to bring an Earth&Arbor Day Celebration to the community that same day. The Earth&Arbor Day Celebration will be held at Rambling River Center from 10:30 a.m. to 12:30 p.m. and gives participants an opportunity to learn about how their actions impact the environment. Curbside Cleanup Days start on Saturday, April 23, 2016 and end May 21, 2016. The Curbside Cleanup Day program gives Farmington residents a convenient opportunity to properly dispose of appliances and large household items. BUDGET IMPACT None ACTION REQUESTED Proclaim April 22,2016 to be Earth Day in Farmington. ATTACHMENTS: Type Description © Backup Material Proclamation 4114iy��► City of Farmington 'z 430 Third Street Farmington,Minnesota v e 651.280.6800•Fax 651.280.6899 www ci.farmington.mn us Arbor Day Proclamation WHEREAS: The health of the people is tied to the health of their forests; and WHEREAS: Trees and forests improve our physical health by cleaning the air,reducing exposure to the sun's UV rays, and decreasing temperatures during the summertime;and WHEREAS: Childhood asthma rates are lower in urban communities that have a higher density of trees; and WHEREAS: Trees and forests improve our mental health by reducing stress and increasing concentration;and WHEREAS: In 50 years, one tree provides$62,000 worth of air pollution control;and WHEREAS: Forests create high-quality drinking water by acting as a natural filter;and WHEREAS: Getting a daily dose of trees is healthy for all Minnesotans; and WHEREAS: Each year, on the last Friday in April, and throughout the month of May, Minnesotans pay special tribute to rural and community trees and all the natural resources, and dedicate themselves to the continued vitality of our state's forests. NOW,THEREFORE,I, Todd Larson,Mayor of the city of Farmington, do hereby proclaim Friday,April 29,2016, as: ARBOR DAY Dated: This 4th day of April in the year 2016. Mayor Todd Larson �4i �i City of Farmington Q 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 '�'j>.,, www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Proclaim April 29,2016 as Arbor Day DATE: April4, 2016 INTRODUCTION The City of Farmington has been designated as a Tree City USA community for the past 25 years. To continue with this designation, the city council must proclaim Arbor Day in the City of Farmington. DISCUSSION The city will be celebrating Arbor Day with a tree planting celebration that will be held on Friday,April 29, 2016 at 10:00 a.m. in Jim Bell Park and Preserve. The tree planting celebration will involve fifth grade students from Meadowview Elementary School assisting city staff with planting trees in the park This is a public event, so city council and community members are invited to attend and participate. BUDGET IMPACT NA ACTION REQUESTED Proclaim Friday,April 29,2016 as Arbor Day in Farmington. ATTACHMENTS: Type Description © Exhibit Arbor Day Proclamation ip�FAR,,i�► City of Farmington tio 430 Third Street z f Farmington,Minnesota , X10 651.280.6800•Fax 651.280.6899 w�eT'"'"° � www.ci.farmington.mn.us PROCLAMATION EARTH DAY - April 22, 2016 WHEREAS, The people of Farmington take great pride in our City's natural beauty and support a clean and safe environment; and WHEREAS, Earth Day is a national and international call to action for all citizens to join in a global effort to save the planet; and WHEREAS, Earth Day activities and events will educate all citizens on the importance of acting in an environmentally sound fashion by reducing waste, conserving energy and water, using efficient transportation, and adopting more ecologically sound lifestyles; and WHEREAS, through increased environmental awareness, Farmington can meet the challenge of having an ecologically healthy community and a vigorous environment for its citizens; NOW THEREFORE, BE IT RESOLVED that I, Todd Larson, Mayor, on behalf of the City Council, do hereby proclaim April 22, 2016 as Earth Day in the city of Farmington. Earth Day activities and events will educate all citizens on the importance of acting in an environmentally sound fashion by reducing waste, conserving energy and water, using efficient transportation, an adopting more ecologically sound lifestyles. PROCLAIMED this 4th day of April, 2016. Todd Larson, Mayor oEFAR fir► City ofoFarmington Td Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 '--P•4 e- www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Cynthia Muller, Executive Assistant SUBJECT: Approve City Council Minutes (3/21/2016 Regular)(3/28/2016 Work Session)- Administration DATE: Apri14,2016 INTRODUCTION Attached are March 21 and 28,2016 city council meeting minutes. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the attached March 21 and 28,2016 city council meeting minutes. ATTACHMENTS: Type Description a Exhibit Council Minutes (3/21/16 Regular) II Exhibit Council Minutes (3/28/16 Workshop) • COUNCIL MINUTES REGULAR March 21, 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: James Monge III, City Attorney;David McKnight, City Administrator;Robin Hanson,Finance Director; Jim Larsen,Fire Chief; Randy Distad,Parks and Recreation Director; Kevin Schorzman, City Engineer;Brenda Wendlandt,Human Resources Director; Fire Department Members Jeff Allbee and Doug Rowe; Cynthia Muller,Executive Assistant Audience: Lacelle Cordes,Tim Thompson,Jake Cordes, Bob Heman, Bill Toninado,Jennifer Bartholomay 4. APPROVE AGENDA MOTION by Bartholomay, second by Bonar to approve the Agenda. APIF,MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclaim April 3,2016 as Maricia Pacheco Day in Farmington Mayor Larson proclaimed April 3, 2016 as Maricia Pacheco Day. She is the first Farmington resident to serve as the Minneapolis Aquatennial Queen of the Lakes for 2016. 6. CITIZEN COMMENTS Mr.Tim Thompson, 816 7th Street, stated at a previous meeting Councilmember Bartholomay stated his actions could serve as a civics lesson to students and this was a kangaroo court. Yet for a gentleman to sit on the Council and say he is trying to do what is best for the city and plead guilty to what he said he had nothing to do with,Mr. Thompson disagreed. He asked Councilmember Bartholomay to step down and show he has the city's best interest and move on from the situation. Second of all,Mr. Thompson felt Council should install an ethics clause in the city because Apple Valley, Lakeville, Rosemount, everyone around us has one except for Farmington which may stop habits like this in the future. Council should look at installing an ethics clause within their own by-laws to make items like this go away and not continually give Farmington a black eye. Every time we turn around we get a black eye in the paper. It has been a long time since he has seen something positive and that would be nice. A positive action today would be for Councilmember Bartholomay to step down and we can move forward. Council Minutes(Regular) March 21,2016 Page 2 Ms. Lacelle Cordes, 1405 Lower Heritage Way, demanded the resignation of Jason Bartholomay. His actions on October 26,2015, of having illegal lights in his car and impersonating a police officer and his subsequent denial of those actions make him unfit to serve the citizens of Farmington. He has sat up there and told us that he was innocent and he would be exonerated of all charges. Innocent people do not plead guilty. His most recent claim is that he did not know the lights were illegal. Being ignorant of the laws does not make you innocent. Ms. Cordes stated she pretended to be a police officer once, she was 10 years old and was playing Charlie's Angels. A man in his 40's who pretends to be a cop has nothing but bad intentions. Ms. Cordes stated she was going to bring a shovel tonight to help him dig a hole that he is putting himself into but he is doing a fine job by himself. He has changed his story so many times she does not believe he knows what to believe. During Council roundtable he will yet have another story to tell claiming his innocence. Please don't insult the citizens of Farmington with continued excuses as to why you had illegal lights in your car. A petition has been started demanding the resignation of Councilmember Bartholomay. With little effort they have obtained close to 200 signatures both online and in person and they are prepared to obtain more. These are just a few comments that she can repeat on television that citizens of Farmington have said about Councilmember Bartholomay: I'm signing this petition due to the fact I do not believe Jason should be able to uphold our laws while breaking others; what a disgrace; he cannot be trusted;poor actions; he should not be leading our city; there is no leading by example going on there;his actions are a disgrace no responsible or respectable adult person would even consider impersonating a police officer;he had nothing but bad intentions; get rid of the bum;time for him to go; actions don't warrant civic duty; I think what he did was deceitful and downright creepy; I certainly don't want someone with such lack of scruples representing the citizens of Farmington; no matter what exactly happened,he was in the wrong on many counts and in no way should he still consider himself a council person; he should resign;what he did is wrong and he is not an upstanding community leader; Councilmember Bartholomay lied several times to police about the lights;we cannot trust him to ever be truthful to the citizens of Farmington again;he needs to step down;Farmington deserves better;Farmington needs better; I don't believe this man or his opinions have any business deciding things for our town;what he has done is wrong and that makes the city look bad. Ms. Cordes stated she understands that his actions do not warrant official actions from the rest of the council and at one time Mayor Larson was quoted as saying such,but she has to disagree. She thinks it is time that council takes a stance on this,unless you all condone this behavior. If that is the case, it is time that we start looking for new leadership in the fall. Mr. Bartholomay, your civics lesson is over and so should your time on the council. Ms. Cordes demanded his resignation immediately to prevent further embarrassment to the city of Farmington and to allow the citizens to start the process of being able to trust our elected officials again. Mr.Bill Toninado, 18586 Elgin Avenue, stated he checked the records and on March 15, 2016, it says under charges, impersonating an officer not applicable, dismissed. That says it all. The only thing he is guilty of is having those lights on. Ms.Cordes stated being ignorant of the law does not make you innocent. He recalled someone that was a Council Minutes(Regular) March 21,2016 Page 3 former councilmember that wanted to have alcohol on school grounds and was told that was against the law as well. She thought it was perfectly okay then decided to take her event elsewhere. People sometimes just don't know what the law is. Mr.Bartholomay paid the price. He admitted that he had the lights and he was told at the time that they were illegal and he took them off right there. As far as impersonating an officer,that charge was dismissed, so Mr. Toninado does not know what Mr.Bartholomay lied about. As far as the signatures,the newspaper said there were 75 signatures. To say now there is 200,when there were 75 about half of those were from Farmington. Of the comments read, he wondered how many were Farmington residents and not from all over. Ms.Jennifer Bartholomay, 19630 Estes Path,happy to say she is Mr. Bartholomay's wife, stated this whole thing has been an absolute disaster. The light charges are a petty misdemeanor and so is a parking ticket, a speeding ticket. She was pretty sure you should not get crucified over a cross for having a petty misdemeanor on your record. She was sure a lot of people in this room have disobeyed the law by having a petty misdemeanor. It is wrong to say that just because you are a public official he did no obey the law. There are a lot of people in this room that have not obeyed the law, so are they above the law as well? It is embarrassing the city of Farmington. This has been thrown into every single paper ridiculously. There are actual crimes being committed in this city, state, country, other countries, actual real crimes like murder,kidnapping like what just happened in Lakeville, not a petty misdemeanor which is why it did not go through the courts even longer because it would not have seen the light of day for another year and a half in the court system. To save the city,the taxpayers and the county money this was stopped where it was because it was all such a big joke. She urged resident to stop this kangaroo court and stop letting these people continue to do this. If they want to drag the city of Farmington through the newspapers and the media,they can come to her door and bang on it all they want. Mr. Tim Thompson wanted to respond. Anyone in here would know that if that gentleman with the lights on would have pulled over your 15-year old daughter,we wouldn't be having this conversation. If you would have pulled over my daughter you and your husband would not be having any conversations anymore. We need to look at this from all angles. Vehicles were moving over. Councilmember Bartholomay asked Mr. Thompson if he was there that night. There is only one other person in this room that has seen the video and you are not one of them. City Attorney Monge noted this is a public comment period. Mr. Thompson stated no he has not seen the video, but from what he has read, you as a parent would have been just as disgusted as I am. If you have children you will understand where I am coming from. Mr.Bill Toninado stated no where in any of the papers did it say Mr.Bartholomay pulled anyone over. No one has ever made that statement. To stand up here and make that insinuation is totally false. Just like the rest of this. If someone wants to get on the council this is not the way to do it. We have elections for that. Personal assassinations of people's character is not the way to get on the council. Council Minutes(Regular) March 21,2016 Page 4 Ms.Lacelle Cordes stated the ThisWeek newspaper will be coming out with a retraction with the correct plea deal and charges that were not dismissed,but were continued. Looking at the county's website you will see the other charges. There are 124 signatures online with nine people who do not live in Farmington, but are former residents. If you would like to discuss the Dew Days softball tournament she used to run and what transpired there, I will be more than happy to do that on or off camera. You need to get your facts straight about that. Mr.Rick Reichert, 709 4th Street, stated Jason Bartholomay from one veteran to another it is time for your resignation. 7. CONSENT AGENDA MOTION by Bartholomay, second by Donnelly to approve the Consent Agenda as follows: a) Approved Council Minutes (3/7/2016 Regular)(3/14/2016 Workshop)- Administration b) Approved Joint Powers Agreement to Complete a Systems Plan for Broadband Services-Administration c) Approved Temporary On-Sale Liquor License Masonic Lodge-Administration d) Approved Farmington Fire Relief Association 2017 Pension Contribution- Administration e) Approved Out-of-State Travel to Attend Fire Department Instructors Conference- Fire f) Adopted RESOLUTION R24-16 Declaring Surplus Property-Fire g) Approved City Participation in City of Apple Valley Auction—Human Resources h) Approved Bills APIF,MOTION CARRIED. 8. PUBLIC HEARINGS a) Adopt Resolution—Certification of Delinquent Municipal Services to 2017 Tax Rolls-Finance Property owners with combined city service bills greater than$2,000 were advised they could avoid certification by paying the delinquent amount by March 18,2016. Two customers have paid their balances before the deadline. One owner has six properties and they will be certified in the amount of$2,401.73 for collection with their 2017 property taxes along with an administrative fee and interest. MOTION by Bonar, second by Pitcher to close the public hearing. APIF,MOTION CARRIED. MOTION by Donnelly, second by Bonar to adopt RESOLUTION R25-16 certifying the delinquent accounts as an addition to the 2017 taxes of the appropriate properties. APIF,MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS,REQUESTS AND COMMUNICATIONS a) Parks and Recreation Department's 2015 Annual Report Council Minutes(Regular) March 21,2016 Page 5 Parks and Recreation Director Distad presented the activities and accomplishments in the Parks and Recreation Department for 2015. 11. UNFINISHED BUSINESS 12. NEW BUSINESS a) Approve Revised Cable Franchise Policy—Human Resources The city has received a request from Frontier Communications for a cable franchise. Staff has revised the cable franchise policy to comply with state requirements in terms of procedure and regulatory review. The cities of Apple Valley,Farmington and Rosemount have each received a request from Frontier Communications to provide video services. They would directly compete with the existing cable provider. All three cities view this competition favorably. The application fee is$5,000 to cover processing costs. Any amount left over will be returned to the applicant. The cable commission will work to negotiate the franchise for the three cities. MOTION by Donnelly, second by Bonar to approve the cable franchise policy. APIF,MOTION CARRIED. b) Financial Review—Draft 2015 Financials-Finance The 2015 general fund revenues totaled$10,491,556 and were 101%of the 2015 budget. The largest revenue variances were in property taxes, intergovernmental revenues and permits. General Fund expenditures were$10,200,153 and were 95.72%of budget. The major areas were human resource costs were$185,000 under budget,a one-time savings streets materials of$103,000 and a fuel savings of$89,000. The general fund fund balance increased$590,000 to$4.7 million. For the second year in a row,the city was able to pay all general fund operations from cash on hand and did not have to borrow from other funds. In 2011 we had 14 negative accounts, in 2015 it was reduced to five accounts and in 2016 we will be down to three accounts. Rambling River Center revenues were$6,000 more than budgeted and expenditures were$20,000 less than budgeted due to the vacant part-time administrative position and lower utility bills and repairs. The city's contribution was$95,000 in 2015 which was$26,000 less than budgeted. Pool revenues were similar to 2014. Expenditures totaled$131,000 and were $10,000 less than budget. The city's contribution was $71,000 which was$9,000 less than budgeted. The EDA provided CDBG funding for Dakota County Lumber, Farmington Cakery and the Otten building. Park improvement fund revenues were$25,000 more than budgeted and expenditures were related to a new shelter at Fair Hills and a new boardwalk in Meadowview Park. Both projects came in under budget. Council Minutes(Regular) March 21,2016 Page 6 The ice arena had a positive bottom line of$2,565 which included summer ice. Regarding liquor operations,the downtown sales were$57,000 higher than 2014 and Pilot Knob sales were$81,000 lower due to neighboring competition and the 195th Street construction. The profit as a percent of sales benchmark is 6.5%and was at 5.9%in 2015. Overall net assets increased$180,000. The city used $10,000 to assist with purchase of fire radios and set aside$10,000 for advertising on the new Zamboni and earmarked the remainder for the TH3 trail connection. Regarding utilities—sewer fund revenues were higher than budgeted due to increased winter consumption amounts,an increased number of customers and a rate increase. Sewer expenses were less than budgeted. Solid Waste revenues were similar to 2014 and expenses were less than budgeted. The solid waste fund balance increased$250,000 which enables cash payment of a truck in 2016. Storm water revenues were more than budgeted due to a rate increase. Expenses were higher than budgeted due to pond dredging in 2015 and planning and design costs for the 195th Street project. The storm water fund balance has a net decrease of$163,000. Water revenue for interest and rental income exceeded budget. Revenue from water availability charges and other line items were less than budgeted due to few building permits. Enterprise sales were less than budgeted due to decreased water usage. Water fund expenses were less than budgeted. Street light revenues exceeded budget and expenses were under budget. Staff will bring to Council in April a review of the overall debt profile and some potential refinancing opportunities. Council noted staff did a great job with this report and with keeping expenses down. This is a shining example of fiscal restraint. 13. COUNCIL ROUNDTABLE Councilmember Bartholomay: Regarding the earlier comments and the charge of impersonating an officer and pleading guilty that is completely false. It is on a continuance for dismissal/continuance without prosecution. He has never been prosecuted for it nor will he. He gave the lights to the police once he found out he was not supposed to have them. He took ownership and that is what we teach our kids. You take ownership,pay your dues and be done. If we want to call out everyone's records,he could call out Ms.Cordes' two speeding citations,he could call out Mr. Thompson's citations,but we are not here for that. We are here to do good things for the city and quite frankly he was disgusted with the behavior he saw tonight and in the past by a past councilmember. He is a public official,but his wife is not. He takes issue with Ms. Cordes calling his wife crazy and residents should as well. The council should adopt a policy on ethics,but we should also have a policy on anti-bullying and slandering and make it enforceable. People should ask themselves a couple questions. They were not there that night. He has received a lot of calls saying it was 11:00 at night and there was not much traffic on the road. He has shown one person the video and they were able to Council Minutes(Regular) March 21,2016 Page 7 see that what was alledged was completely different than what they showed on the squad video. He apologized if this alarmed anyone,but there was no ill intent. He is a psychotherapist with the University of MN Medical Center not the U of M police department. He does get called out for patients that are suicidal. It is an atrocity for people to stand up and throw someone that helps people for a living under a bus. It is a disgrace. For the same person to be sitting outside his house,he has two kids,and to have a past councilmember sit outside his house on two different occasions,that is a disgrace. Ms. Cordes stated she has no idea where he lives. Councilmember Bonar: He feels a council should consider now or in the near future a value statement and code of conduct. Moving forward that is one of the best things we can do. There are models we can use from the League of Minnesota Cities. Mayor Larson was in favor of that. City Administrator McKnight: the final community open house for the downtown redevelopment plan will be held on Tuesday, April 5, 2016, from 5:00 to 6:30 p.m. at city hall. All community members are welcome to attend. The plan will be brought to the council in May for adoption. City Engineer Schorzman: Upcoming road construction projects will be a mill and overlay on Pilot Knob from south of the roundabout to highway 50, a mill and overlay on highway 50 from Cedar Avenue to the Rambling River Park bridge. That will be finished before the highway 3 project from Ash Street to 170t Street. Human Resources Director Wendlandt: The cable commission staff has a new public safety program on channels 180 and 188 involving the police and fire departments of all three cities, called In the Line of Duty. Mayor Larson: Curbside cleanup begins on Saturday April 23, 2016. Electronics will not be taken this year. Pond and park cleanup day will be held on April 30,2016. He encouraged residents to shop local. 14. ADJOURN MOTION by Bonar, second by Pitcher to adjourn at 8:14 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant Council Workshop Minutes March 28,2016 Mayor Larson called the workshop to order at 5:30 p.m. Present: Larson,Bartholomay,Bonar,Donnelly,Pitcher Also Present: David McKnight, City Administrator; Robin Hanson,Finance Director;Adam Kienberger, Community Development Director;Kevin Schorzman, City Engineer; Cynthia Muller,Executive Assistant MOTION by Larson, second by Bartholomay to approve the agenda. APIF,MOTION CARRIED. 20-Year Financial Plan and 2017 Budget Council was given an overview of this plan at the March 14,2016, Council workshop. It pays for decisions Council has made over the last few years. From 2011 to 2016 we have reduced our debt by over$10 million. The fund balance has gone from 15%to 40%as a result the bond rating went from AA-to AA. Staff feels it is time to start looking at the budget in 10-15 year increments rather than one to two years. This formalizes the plan Council has been following. Staff took 2016 expenditures minus the debt to get to the base 2016 operating levy of $11,798,225. Staff increased this number by 3%for 2017, 3%for 2018 and 5%for 2019. This is assuming the cost of living increases,utilities, etc. Staff assumed revenues would increase by 1%per year and that fiscal disparities will go down by 2%per year which equals approximately $40,000. Staff recognized growth at 1.29%each year. The potential levy increases are 5.03%in 2017, 7.62%in 2018 and 6.91%in 2019. For 2017,the 5.03% levy increase amounts to $483,176. City Administrator McKnight reviewed the debt and CIP summary. Debt is split out between the road and bridge fund,and non-road and bridge fund. Road and bridge fund projects will be paid off in 2026. Non-road and bridge fund projects will be paid off in 2030. Staff presented the street CIP for the next 20 years. The next street project is Second Street/Honeysuckle in 2019 for$3,000,000. That will be paid for by issuing$2.4 million in debt and the other$600,000 comes from water, storm water and sanitary sewer funds. City Administrator McKnight continued to explain the payment plan for subsequent projects throughout the years. The plan shows the transition from borrowing to paying cash for projects and equipment. The total debt due in 2016 is$3,170,848. MSA dollars have been left out of the plan and would be used as a backup. MSA was collected for the 195th Street project, but it will take five years to collect all of it. City Administrator McKnight reminded Council we have a$10 million recreational facility question on the November ballot. That is not reflected in this plan. He will add it as a separate line item. It will include debt payments and estimated operating costs. That will be an additional $600,000-$700,000 yearly payment. Council Workshop Minutes March 28,2016 Page 2 Council mentioned adding more dollars for the EDA. If we had economic development it would help the numbers. To tie everything together,the March 21,2016,memo showed revenues over budget of$133,000 and net expenses under budget by$456,000 for a net increase in the general fund of$589,000. Council asked how that will calculate into this plan. Staff explained the fund balance was at 40%at the end of 2015. Part of that is perhaps holding expenses down too much. If we were to have that$500,000 again this year, staff would ask Council to pick projects off the CIP to help the bottom line. Council should not expect this overage every year. To use any overage to reduce the levy amount would not be good, because we would have to raise it that much more the next year. Any overage in the budget would affect the budget two years out. If we were over$200,000 in 2015,the 2016 budget is already set by the end of 2015, so the overage would be used in the 2017 budget. If staff was to bring the 2017 budget to Council today,the levy would be at 5.03%even with some minor adjustments. The debt will be discussed at the April workshop. Council discussed items that are not included in the CIP. We have discussed needing$185,000 for the emerald ash borer problem. City Administrator McKnight explained three ways to pay for it—with LGA dollars in 2020 if we can wait, extra fund balance dollars, or put more money away in the CIP. Council noted it is important to set money aside for building repairs. It was discussed whether to do a building assessment. Councilmember Bonar will provide a sample study. Regarding giving the EDA more dollars,we underwrite other budgets far less than we do for the EDA. If we give them$40,000 a year,we should not expect a lot in return. A TIF district is retiring in the next year or two. Any funds from that will go into the property tax levy; we do not collect it separately. The bond retirement for VRC will be coming in 2022. We are approaching the 10-year mark on bond payments for city hall. That will be discussed next month. Council asked about staffing for the recreation facility that will be on the ballot. That will be included in the proposal presented to Council on May 2,2016. If it's an arena or pool they are different amounts of staffing. Council asked about a staffing model for retirements. This is mostly unfunded. Council asked if we can chart this. Staff can do a simple chart,but it can change at any time. Council asked if we have a liquor operations CIP with a revenue model of more than we saw last year, is there a five to ten year acquisition plan,are we going to continue to lease? Staff stated our 6.5%profit as a percentage of sales is a goal and we can develop a CIP from that. Council will see more from the presentation of the downtown redevelopment plan next month. Council recalled the cost of insurance is going up and can that be charted as to what we should expect for inflationary increases? Staff has charted that at 15% for next year. The city spends$1 million a year on health insurance for employees. Council asked about land acquisition for future liquor stores. We are further away from that than previously thought. Council asked about the streets CIP and areas to be determined. Staff explained those are eight years into the future and are a much larger number. City Administrator McKnight realized the levy number is larger than Council would like,but most of these decisions have already been made. If we are off track with the levy numbers, Council needs to let us know now. Staff will discuss the debt number in April,but it will not be final until October or November which is after the 2017 preliminary budget is set. Council Workshop Minutes March 28,2016 Page 3 Council asked about using the overage in the fund balance to fix the Rambling River Center parking lot. City Administrator McKnight stated the policy for the fund balance says it should be 40%to 50%. We just got to 40%with the$589,000. If Council wants to spend$100,000 on that,we would be$100,000 behind in keeping the fund balance at 40%at the end of 2016. It depends on the end of the year and how the entire budget does. We may be able to absorb that by not spending money somewhere else. It is Council's decision whether to spend some of the $589,000, it is not in the budget and it will take our fund balance down. The next project is in 2019. Council suggested adding that parking lot to that project. Plans for that parking lot are also included in the downtown redevelopment plan. Council noted in the past we talked about re-prioritizing spending and is there an update. City Administrator McKnight stated that will be discussed later and we tried doing that last year. We brought up the pool and the Rambling River Center position and were told no. Any other decisions will be more difficult. We cannot continue to pay for these decisions with people. We cannot continue to do the same services or more with the staffing we have today. Council noted the plan is a good, solid plan we just have a lot of holes we cannot fill. If Council wants the EDA to have for example$100,000 and the EDA has a plan to spend it,tell us. In the EDA strategic plan,one of their main goals is to understand the allowance they receive from the Council and will that allow them to do what they want to do. They will determine what they want to do, how much will it cost, and then what is in the fund balance. That will determine if the EDA needs more money. Councilmember Bonar stated he is pro-growth. Right now we want to increase the levy by 5.03%and have a hope of 1.29% in growth which would give us a levy increase of 3.7%. The 5.03% is real. People will not accept the 1.29%because people do not see it with commercial development. Residents need to see commercial growth to agree with a levy increase. Mayor Larson asked if councilmembers agree with the 5.03%levy increase. There was one definite no. Staff noted if the recreational facility question on the ballot passes,that will add 6%to 7%to the levy for the bond payment. The voters need to understand they will increase their debt and also the staffing associated with that investment. Council noted the next year we have a 7.62%levy increase so we would be adding to that also. It will be a 15 or 20-year bond. Staff will add this line item to the plan. The levy increase this year was 4.9%and there was not considerable pushback from the residents. Staff reminded Council they have made 90%of these decisions already. Liquor Store Update The downtown lease expires July 31, 2017. At that time we will be paying$15.50 per square foot. The current contract was for four years. The rate went from$13.50 to$15.50. The cost of the laundromat building,with 3,000 square feet, is for sale at$399,900. The Dakota Motors building is for sale at$899,000 and is also for lease. A lot in VRC would be$399,000. Staff continues to work with the highway 3 site with a range of$15 to $18 per square foot over the ten year contract. An estimate of moving costs is$150,000. At the highway 3 site, staff expects the house to stay. Council recalled the entire laundromat building was for sale at$399,900. Now half the building is for sale for the same amount. There is room to expand to the back. Council Council Workshop Minutes March 28,2016 Page 4 felt the most viable site is highway 3. Staff noted we have$265,000 in the pot for capital improvements which would include purchasing. The moving costs would come out of this amount. The ownership of the location of the downtown store is changing. Council felt the current location is not a good position. Next to the laundromat is not a good place for a liquor store. That leaves highway 3 or VRC. Council recalled there was also a space available in Tamarack. The concern there is access. Council was leaning toward highway 3,but the price is concerning. It provides a stop light,traffic count and visibility. City Administrator McKnight recommended the owners of the highway 3 site meet with Council. With the Dakota Motors building, staff would try to work out a lease rather than own. City Administrator McKnight will look at options for the highway 3 site, Tamarack and the Dakota Motors building. MOTION by Bartholomay, second by Pitcher to adjourn at 7:55 p.m. APIF,MOTION CARRIED. Respectfully submitted, Cynthia Muller Executive Assistant �o4F iii► City of l Farmington = Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ''�.,, a ' www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Henry Schaeffer, III, City Attorney SUBJECT: Adopt Resolution Approving Master Joint Powers Agreement and Court Data Services Subscriber Amendment for Criminal Justice Data Network-Attorney DATE: April4, 2016 INTRODUCTION The attached agreements pertain to the city's access to criminal justice data over the state's criminal justice data communications network. DISCUSSION The BCA has notified the city attorney's office that the city's Master Joint Powers Agreement and the Court Data Services Subscriber Amendment will be expiring soon. Attached are agreements for the Police Department and the prosecuting attorney for your approval. BUDGET IMPACT The Joint Powers Agreement for the Police Department has an annual fee for the network connection of $1,080,which is the current amount paid. There is no fee associated with the Joint Powers Agreement for the prosecuting attorney. ACTION REQUESTED Adopt the attached resolution approving the Master Joint Powers Agreements and the Court Data Services Subscriber Amendments for the Police Department and the prosecuting attorney. ATTACHMENTS: Type Description O Resolution Resolution © Contract Police Court Data Services Subscriber Amendment ® Contract Police Joint Powers Agreement Contract Attorney Court Data Services Subscriber Amendment ✓ Contract Attorney Joint Powers Agreement RESOLUTION NO. R26-16 SC4 NMED RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF FARMINGTON ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT 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 4th day of April 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar,Donnelly, Pitcher Members Absent: None Member Bartholomay introduced and Member Bonar seconded the following: WHEREAS,the city of Farmington on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the city is eligible. The Joint Powers Agreements further provide the city with the ability to add,modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the city to pay the costs for the network connection. NOW,THEREFORE,BE IT RESOLVED by the City Council of Farmington,Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the city of Farmington on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this resolution and made a part of it. 2. That the Chief of Police, Brian Lindquist, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the city's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement,Administrative Sargent Jim Constantineau is appointed as the Authorized Representative's designee. 3. That the City Attorney,Elliott B. Knetsch, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the city's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement,Assistant City Attorney Henry A. Schaeffer, III, is appointed as the Authorized Representative's designee. 4. That Todd Larson,the Mayor for the City of Farmington, and David McKnight,the City Administrator, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and adopted by the Council on this 4th day of April, 2016. CITY OF FARMINGTON y: Todd Larson Its Mayor Attested to the 6-4 day of April 2016. di/ By: David McKniL t Its City Administrator COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Farmington on behalf of its Police Department("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 107080, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that,pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination,the Subscriber shall perform the responsibilities set forth in paragraph 7(f)hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment,including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules,lists,and tables will be posted on the Minnesota Judicial Branch website,for which the current address is www.courts.state.mn.us. g. "Court" shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service,the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies &Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That,notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks"MNCIS"and"Odyssey." d. Restrictions on Duplication,Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation,if any,for each individual authorized to access,use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright,trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication,disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13,2010 with DPS-M-0958. 6 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs,to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the • 7 BCA systems and tools under this Subscriber Amendment; (3)the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4)these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten(10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year,if applicable.. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind,express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 8 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment,and all other provisions shall remain in full force and effect. ' 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. - IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 9 9 • 1. SUBSCRIBER(AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: such as an opinion of counsel or resolution. (PRINTED) Name: r e p a i d 1 L,^ ' , Signed: (PRINTED) Signed. �'" Title: (with delegated authority) Title: /14a c e" Date: (with deleed authority) Date: ,� � / 3 Q*6/6 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division ��77 1� By: Name: 7 j4 /41e h y4+ Date: (PRIN'TEED) Signed:(J&tt; 4. COURTS / Authority granted to Bureau of Criminal Apprehension Title: (2J-h, (with deledated authority) Name: (PRINTED) Date: .4/11-'5/5;GW5/6 Signed: Title: (with authorized authority) Date: 10 SWIFT Contract# 107080 MN0190200 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota,acting through its Department of Public Safety,Bureau of Criminal Apprehension("BCA")and the City of Farmington on behalf of its Police Department("Agency"). Recitals Under Minn. Stat. §471.59,the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers.Under Minn. Stat. §299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota.The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition,BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility,and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05,subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access.BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network(CJDN)and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. §299C.46. 2.2 Methods of access. The BCA offers three(3)methods of access to its systems and tools. The methods of access are: A.Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B.Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C.Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation,interface types include: state message switch,web services,enterprise service bus and message queuing. For purposes of this Agreement,Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access.In addition,pursuant to 28 CFR§20.30-38 and Minn.Stat. §299C.58,BCA may provide Agency with access to the Federal Bureau of Investigation(FBI)National Crime Information Center. 1 SWIFT Contract# 107080 MN0190200 2.4 Agency policies.Both the BCA and the FBI's Criminal Justice Information Systems(FBI-CJIS)have policies, regulations and laws on access,use,audit,dissemination,hit confirmation,logging,quality assurance,screening(pre- employment),security,timeliness,training,use of the system,and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement.These BCA and FBI-CJIS policies and regulations,as amended and updated from time to time,are incorporated into this Agreement by reference. The policies are available at https://app.dps.mn.gov/cj dn. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools,information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca- divisions/mnj is/DocumentsB CA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A.Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency(i)satisfying all applicable federal or state statutory requirements;(ii) complying with the terms of this Agreement;and(iii)acceptance by BCA of Agency's written request for use of a specific system or tool. B.To facilitate changes in systems and tools,Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access.On written request by Agency,BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement,to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access.BCA agrees that it will comply with applicable state and federal laws when making information accessible.Agency agrees that it will comply with applicable state and federal laws when accessing, entering,using,disseminating,and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement,the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk,BCA.ServiceDesk @,state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B,BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C,the Agency must 2 SWIFT Contract# 107080 MN0190200 keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data,Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access,and the date, time and content of the request. The transaction record must also include the date,time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the transaction occurred and must be made available to the BCA within one(1)business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment,which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms,including but not limited to privacy(see Clause 8.2, below),fees(see Clause 3 below),and transaction records or logs,that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening.The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal,fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. §299C.46 as specified in this Agreement.The bills are sent quarterly for the amount of Two Hundred Seventy Dollars($270.00)or a total annual cost of One Thousand Eighty Dollars($1,080.00). Agency will identify its contact person for billing purposes,and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,additional fees,if any,are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz,Department of Public Safety,Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St.Paul,MN 55106,651-793-1007,or her successor. The Agency's Authorized Representative is Chief Brian Lindquist, 19500 Muncipal Drive,Farmington,MN 55024, (651)280-6700,or his/her successor. 5 Assignment,Amendments,Waiver,and Contract Complete 5.1 Assignment.Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement,except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement,their successors in office,or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement,that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 3 SWIFT Contract# 107080 MN0190200 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions.The Minnesota Torts Claims Act,Minn.Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act,Minn.Stat. Ch.466,governs the Agency's liability. 7 Audits 7.1 Under Minn.Stat. § 16C.05,subd.5,the Agency's books,records,documents,internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA,the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Agreement.Under Minn.Stat. § 6.551,the State Auditor may examine the books,records,documents,and accounting procedures and practices of BCA.The examination shall be limited to the books,records,documents,and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law,the Agency's records are subject to examination by the BCA to ensure compliance with laws,regulations and policies about access,use,and dissemination of data. 7.3 If Agency accesses federal databases,the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law,Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn.Stat.Ch. 13,as it applies to all data accessible under this Agreement,and as it applies to all data created, collected,received,stored,used,maintained,or disseminated by the Agency under this Agreement.The remedies of Minn.Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records.If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding data practices also apply. The Court is not subject to Minn.Stat.Ch. 13 (see section 13.90)but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03,subdivision 4(e)requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of,access to or submission of Court Records,as that term is defined in the Court Data Services Subscriber Amendment,may be restricted by rules promulgated by the Minnesota Supreme Court,applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations;sanctions For purposes of this clause,"Individual User"means an employee or contractor of Agency. 9.1 Investigation.Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement.Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement.When BCA becomes aware that a violation may have occurred,BCA will inform Agency of the suspected violation,subject to any restrictions in applicable law.When Agency becomes aware that a violation has occurred,Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber 4 SWIFT Contract# 107080 MN0190200 Amendment.None of these provisions alter the Agency's internal discipline processes,including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment,Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated.The decision to suspend or terminate access may be made as soon as alleged violation is discovered,after notice of an alleged violation is received,or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay.BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction.If Agency's failure is continuing or repeated,Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment,if it has been signed by Agency.As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment,BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received,or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment,access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment,it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time,with or without cause,upon 30 days'written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature,or other funding source;or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written notice to the other party's authorized representative.The Agency is not obligated to pay for any services that are provided after notice and effective date of termination.However,the BCA will be entitled to payment,determined on a pro rata basis,for services satisfactorily performed to the extent that funds are available.Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature,or other funding source,not to appropriate funds.Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement:6.Liability; 7.Audits;8.Government Data Practices;9.Investigation of alleged violations;sanctions;and 10.Venue. 5 SWIFT Contract# 107080 MN0190200 The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY 2. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Name: (PRINTED) Signed: Signed: Title: (with delegated authority) Title: (with delegated authority) Date: _ Date: 3. COMMISSIONER OF ADMINISTRATION Name: delegated to Materials Management Division (PRINTED) By: Signed: Date: Title: (with delegated authority) Date: 6 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Farmington on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office("Court")who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 107079, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that,pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERNIINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination,the Subscriber shall perform the responsibilities set forth in paragraph 7(f)hereof. 2. - Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 1 w a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists,and tables will be posted on the Minnesota Judicial Branch website,for which the current address is www.courts.state.mn.us. g. "Court" shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service,the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies &Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That,notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema,are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks"MNCIS"and"Odyssey." d. Restrictions on Duplication,Disclosure,and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access,use,or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 • e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or(2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors,and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13,2010 with DPS-M-0958. 6 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs,to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1)the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 BCA systems and tools under this Subscriber Amendment; (3)the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4)these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten(10)days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes,if any,and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year,if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies &Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 8 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment,and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate,intending to be bound thereby. 9 s 1. SUBSCRIBER(AGENCY) • 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: such as an opinion of counsel or resolution. (PRINTED) Name: caell; Zezr5o17 Signed: (PR TED) Signed: / Title: (with delegated authority) Title: Al c2,y en r" Date: (with delegaeld authority) Date: ✓Ary r7 i / ?®/e 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division � y By: Name: /Oa Vi c/ /`l C/6W qh!" Date: ( ZIN2l, �, Signed: 4. COURTS Authority granted to Bureau of Criminal Apprehension Title: �:49 _,4q/a e in is-Ir.:0 o r- (with delegated authority) Name: (PRINTED) Date: '4g":/ c?6,14 Signed: Title: (with authorized authority) Date: 10 SWIFT Contract# 107079 MN019099A STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota,acting through its Department of Public Safety,Bureau of Criminal Apprehension("BCA")and the City of Farmington on behalf of its Prosecuting Attorney("Agency"). Recitals Under Minn.Stat. §471.59,the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers.Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota.The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition,BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility,and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05,subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access.BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network(CJDN)and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. §299C.46. 2.2 Methods of access. The BCA offers three(3)methods of access to its systems and tools. The methods of access are: A.Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B.Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation,interface types include:state message switch,web services,enterprise service bus and message queuing. For purposes of this Agreement,Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access.In addition,pursuant to 28 CFR§20.30-38 and Minn.Stat. §299C.58,BCA may provide Agency with access to the Federal Bureau of Investigation(FBI)National Crime Information Center. 1 SWIFT Contract# 107079 MN019099A 2.4 Agency policies.Both the BCA and the FBI's Criminal Justice Information Systems(FBI-CJIS)have policies, regulations and laws on access,use,audit,dissemination,hit confirmation,logging,quality assurance,screening(pre- employment),security,timeliness,training,use of the system,and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement.These BCA and FBI-CJIS policies and regulations,as amended and updated from time to time,are incorporated into this Agreement by reference. The policies are available at https://app.dps.mn.gov/cj dn. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools,information is available at https://sps.x.state.mn.us/sites/bcaservicecatalogldefault.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca- divisions/mnjis/DocumentsBCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A.Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency(i)satisfying all applicable federal or state statutory requirements;(ii) complying with the terms of this Agreement;and(iii)acceptance by BCA of Agency's written request for use of a specific system or tool. B.To facilitate changes in systems and tools,Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access.On written request by Agency,BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement,to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access.BCA agrees that it will comply with applicable state and federal laws when making information accessible.Agency agrees that it will comply with applicable state and federal laws when accessing, entering,using,disseminating,and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement,the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk,BCA.ServiceDesk @state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B,BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C,the Agency must 2 SWIFT Contract# 107079 MN019099A keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data,Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access,and the date, time and content of the request. The transaction record must also include the date,time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the transaction occurred and must be made available to the BCA within one(1)business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment,which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms,including but not limited to privacy(see Clause 8.2, below),fees(see Clause 3 below),and transaction records or logs,that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening.The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal,fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. No charges will be assessed to the agency as a condition of this agreement. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,additional fees,if any,are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz,Department of Public Safety,Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue,St.Paul,MN 55106,651-793-1007,or her successor. The Agency's Authorized Representative is Elliott Knetsch,City Attorney, 1380 Corporate Center Curve,Suite 317, Eagan,MN 55121,(651)452-5000,or his/her successor. 5 Assignment,Amendments,Waiver,and Contract Complete 5.1 Assignment Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments.Any amendment to this Agreement,except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement,their successors in office,or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement,that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions.The Minnesota Torts Claims Act,Minn.Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act,Minn. Stat. 3 SWIFT Contract#107079 MN019099A Ch.466,governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd.5,the Agency's books,records,documents,internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA,the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Agreement.Under Minn.Stat. § 6.551,the State Auditor may examine the books,records,documents,and accounting procedures and practices of BCA.The examination shall be limited to the books,records,documents,and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law,the Agency's records are subject to examination by the BCA to ensure compliance with laws,regulations and policies about access,use,and dissemination of data. 7.3 If Agency accesses federal databases,the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law,Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn.Stat.Ch. 13,as it applies to all data accessible under this Agreement,and as it applies to all data created, collected,received,stored,used,maintained,or disseminated by the Agency under this Agreement.The remedies of Minn.Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records.If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat.Ch. 13 (see section 13.90)but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03,subdivision 4(e)requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of,access to or submission of Court Records,as that term is defined in the Court Data Services Subscriber Amendment,may be restricted by rules promulgated by the Minnesota Supreme Court,applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations;sanctions For purposes of this clause,"Individual User"means an employee or contractor of Agency. 9.1 Investigation.Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement.Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement.When BCA becomes aware that a violation may have occurred,BCA will inform Agency of the suspected violation,subject to any restrictions in applicable law.When Agency becomes aware that a violation has occurred,Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment.None of these provisions alter the Agency's internal discipline processes,including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment,Agency 4 SWIFT Contract# 107079 MN019099A must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated.The decision to suspend or terminate access may be made as soon as alleged violation is discovered,after notice of an alleged violation is received,or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay.BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction.If Agency's failure is continuing or repeated,Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment,if it has been signed by Agency.As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment,BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received,or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment,access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment,it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 11 Termination 11.1 Termination, The BCA or the Agency may terminate this Agreement at any time,with or without cause,upon 30 days'written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature,or other funding source;or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.Termination must be by written notice to the other party's authorized representative.The Agency is not obligated to pay for any services that are provided after notice and effective date of termination.However,the BCA will be entitled to payment,determined on a pro rata basis,for services satisfactorily performed to the extent that funds are available.Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature,or other funding source,not to appropriate funds.Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement:6.Liability; 7.Audits;8.Government Data Practices;9.Investigation of alleged violations;sanctions;and 10.Venue. 5 SWIFT Contract# 107079 MN019099A The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY 2. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Name: (PRINTED) Signed: Signed: Title: (with delegated authority) Title: (with delegated authority) Date: Date: 3. COMMISSIONER OF ADMINISTRATION Name: delegated to Materials Management Division (PRINTED) By: Signed: Date: Title: (with delegated authority) Date: 6 �oEFAR�ii�► City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .,� � www.ci.fannington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Adopt a Resolution Accepting Donation from Farmington Firefighters Relief Association-Human Resources DATE: Apri14,2016 INTRODUCTION Staff is requesting for city council to adopt a resolution accepting the donation of an Automated External Defibrillator(AED)for City Hall from the Farmington Firefighters Relief Association. DISCUSSION The Farmington Firefighters Relief Association would like to donate an AED to be placed in City Hall. Sudden cardiac arrest is one of the leading causes of death in the U.S. It can happen to anyone, anytime, anywhere and at any age and having immediate access to an AED can help save a life. BUDGET IMPACT NA ACTION REQUESTED Adopt the resolution accepting and acknowledging the donation from the Farmington Firefighters Relief Association. ,ATTACHMENTS: Type Description a Resolution AED Donation Resolution RESOLUTION NO. R27-16 A RESOLUTION ACCEPTING DONATION TO THE CITY OF FARMINGTON Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington was held at the Farmington City Hall on the 4th day of April 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly,Pitcher Members Absent: None Member Bartholomay introduced and Member Bonar seconded the following: WHEREAS,the Farmington Fire Department provides fire and emergency medical services; and WHEREAS,the Farmington Firefighters Relief Association from time to time makes a donation to the city of Farmington from gambling proceeds, NOW THEREFORE BE IT RESOLVED that,after due consideration,the Mayor and City Council of the city of Farmington, Minnesota,hereby accept the donation of an Automated External Defibrillator(AED) from the Farmington Firefighters Relief Association to the city of Farmington to be placed in City Hall. This resolution was adopted by recorded vote of the Farmington City Council in open session on the 4th day of April 2016. Mayor Attested to on the 544 day of April 2016. City Administrator SEAL oEF � City of Farmington 47: ty Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 -.4 P R00.9. www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Brenda Wendlandt, Human Resources Director SUBJECT: Approve Seasonal Hiring-Human Resouces DATE: April4,2016 INTRODUCTION The recruitment and selection process for the appointment of the attached list of summer seasonal staff has been completed. DISCUSSION After a thorough review by the Parks and Recreation Department and the Human Resources Office, offers of employment have been made to the individuals show on the attached spreadsheet, subject to a pre- employment drug test and ratification by city council. BUDGET IMPACT These positions are included in various departmental budgets. ACTION REQUESTED By motion approve the attached seasonal employment recommendations. ATTACHMENTS: Type Description ® Backup Material Summer Seasonal Staff 2016 Spring/Summer Seasonal Staff 2015-16 Name Pay Rate Pos/Step RETURNING ARENA STAFF Dylan Wall $ 9.80 Step 1-Arena Supervisor Hannelore Langseth $ 9.80 Step 1-Arena Supervisor Aydan Lewis $ 9.80 Step 1-Arena Supervisor RETURNING POOL STAFF Hanna Sundt $ 12.73 Step 1- Pool Supervisor Hanna Sundt $ 11.35 Step 3-Water Safety Instructor Alexis Johnson $ 10.77 Step 1-Assistant Pool Supervisor Alexis Johnson $ 11.35 Step 3-Water Safety Instructor Alexis Johnson $ 10.38 Step 3-Lifeguard Lauren Ellis $ 10.77 Step 1-Assistant Pool Supervisor Lauren Ellis $ 11.07 Step 2-Water Safety Instructor Lauren Ellis $ 10.38 Step 3-Lifeguard Adam Dougherty $ 10.77 Step 1-Assistant Pool Supervisor Adam Dougherty $ 10.38 Step 3-Water Safety Assistant Adam Dougherty $ 10.38 Step 3-Lifeguard Cristian Brollier $ 11.35 Step 3-Water Safety Instructor Cristian Brollier $ 10.38 Lifeguard Kaitlyn Besler $ 9.86 Step 1-Water Safety Assistant Kaitlyn Besler $ 9.86 Step 1-Lifeguard Zachary Seufer $ 9.86 Step 1-Water Safety Assistant Zachary Seufer $ 9.86 Step 1-Lifeguard Ryan Newton $ 10.13 Step 2-Water Safety Assistant Ryan Newton $ 10.13 Lifeguard Ethan Monroe $ 9.86 Step 1-Water Safety Assistant Ethan Monroe $ 9.86 Step 1- Lifeguard Amelia Hein $ 9.86 Step 1-Water Safety Assistant Amelia Hein $ 9.86 Step 1- Lifeguard 4ihRifi City of Farmington 430 Third Street Farmington,Minnesota .4,6\ ' 651.280.6800 -Fax 651.280.6899 .,, , ``�' www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Donation to the Rambling River Center-Parks DATE: Apri14, 2016 INTRODUCTION A donation was recently received at the Rambling River Center from Matt Little. DISCU SION The Rambling River Center received a donation from Matt Little in the amount of$554.92. Mr.Little has identified that this donation should be used towards the purchase of a new laptop for the Rambling River Center. This donation came from the funds raised by Mr. Little from the guest bartending event that he participated in at the Ground Round in Farmington. Staff will communicate on behalf of the city council its appreciation of the donation of$554.92 made by Mr. Little to the Rambling River Center. BUDGET IMPACT NA ACTION REQUESTED Adopt the attached resolution accepting the donation of$554.92 from Matt Little that will be used towards the purchase of a new laptop for the Rambling River Center. ATTACHMENTS: Type Description D Resolution Donation Resolution RESOLUTION NO. R28-16 ADOPT RESOLUTION ACCEPT DONATION OF$554.92 FROM MATT LITTLE TO THE RAMBLING RIVER CENTER FOR PURCHASE OF NEW LAPTOP 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 4th day of April, 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members Absent:None Member Bartholomay introduced and Member Bonar seconded the following: WHEREAS, a donation of$554.92 has been given by Matt Little to the Rambling River Center; and, WHEREAS, the donation was given to purchase a new laptop for the Rambling River Center; and, WHEREAS, it is required by State Statute and in the best interest of the City to accept this donation. NOW,THEREFORE,BE IT RESOLVED that the city of Farmington hereby accepts with gratitude the generous donations of$554.92 from Matt Little for the purchase of a new laptop at the Rambling River Center. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of April, 2016. Mayor Attested to this S of April,2016. .. O. City Administrator SEAL V�F�R� ; City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .,, � www ci.farnvngton.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Approve Agreement with Marschall Lines,Inc. to Provide Bus Service for 2016 Swim Bus Program-Parks DATE: April4,2016 INTRODUCTION 2016 will mark the 13th year the Swim Bus Program(swim bus)has been offered. For the past 10 years, Marschall Line, Inc.has provided the bus service for the program. DISCUSSION Staff contacted Marschall Line,Inc. see if they would be interested in providing transportation for the swim bus program in 2016. Marschall Line, Inc. indicated they would be interested in providing this service for the 11th consecutive year. The bus has stops at many neighborhood parks where children are picked up and transported to the outdoor pool. Since the swim bus program began in 2004 and through the 2015 season, 7,836 riders have used the bus to travel to the city's outdoor POOL Attached is an agreement form that the city council is being asked to approve that will allow the city to contract with Marschall Line,Inc. to provide a bus and driver to transport children to the outdoor pool from various city and Empire Township parks. Exhibit A shows the schedule and the pickup locations. BUDGET IMPACT Funding for the Swim Bus comes from the outdoor pool budget and from a contribution made by Empire Township. Marschall Line,Inc. has agreed to provide the transportation service at a cost of$95.00 per day, which is a$5.00 per day increase from the rate charged in 2015. This is the first rate increase since 2012. This daily charge is well below the rate that Marschall Line, Inc.normally charges its customers. According to MLI,the normal three hour minimum terminal to terminal rate for the swim bus service would have cost the city$6,862.50. Under the proposed agreement the total cost for 25 days of bus services will be $2,375.00. This means the city will save$4,487.50 from the normal MLI charge during the 25 days the swim bus will be provided. Had MLI not made this significant donation,the swim bus program would be very costly to offer. ACTION REQUESTED Approve the attached agreement with Marschall Line, Inc. to provide transportation for the 2016 swim bus program. ATTACHMENTS: Type Description © Contract Swim Bus Agreement Form 13 Exhibit Swim Bus Route and Schedule AGREEMENT AGREEMENT made this V-A day of Q , 2016, between the ora CITY OF FARMINGTON, a Minnesota municipal co tion ("City"), and MARSCHALL LINE,INC.,a Minnesota corporation("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED,THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Proposed Swim Bus Route and Schedule attached as Exhibit"A." In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document"B"having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services,and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the bid. 4. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 5. TIME OF PERFORMANCE. The Contractor shall provide the Swim Bus Program service beginning on June 20,2016 and complete its obligations on August 4,2016. 6. PAYMENT. a. When the obligations of the Contractor have been fulfilled, inspected, and accepted, the City will pay the Contractor $2,375.00 during the Swim Bus Program ($95/shuttle, 25 total shuttles). Such payment shall be made not later than thirty(30) days after completion, certification thereof,and invoicing by the Contractor. b. No final payment shall be made under this Contract until Contractor has- satisfactorily established compliance with the provisions of Minn. Stat. Section 290.92. A certificate of the commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor. 7. EXTRA SERVICES. No claim will be honored for compensation for extra services or beyond the scope of this Agreement or the not-to-exceed price for the services identified in the proposal without written submittal by the Contractor, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs, prior to commencement of the work. 8. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten(10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (1%2 %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees,incurred in bringing the action. 9. WORKER'S COMPENSATION. If Contractor does public work,the Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 10. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract,with the City included as an additional name insured by endorsement: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate,products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three (3)years after final payment and Contractor shall continue to provide evidence of such coverage to City on an annual basis during the aforementioned period; or if any reason Contractor's work ceases before final payment,for a minimum period of three(3)years from the date Contractor ceases work. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) Contractual Liability(identifying the contract): 2 Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury,with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 11. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act,including but not limited to the civil remedies of Minnesota Statutes Section 13.08,as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 12. RECORDS. Contractor shall maintain complete and accurate records of expenses involved in the performance of services. 13. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 14. INDEMNITY. The Contractor agrees to defend,hold harmless, and indemnify the City, its officers, agents, and employees, for and against any and all claims, demands, actions, or causes of action, of whatever nature or character, arising from the Consultant's performance of work or services provided for herein. The Contractor shall take all reasonable precautions for the safety of all employees on the site and shall provide reasonable protection to prevent damage or loss to the property on the site or properties adjacent thereto and to work, materials and equipment under the Contractor's control. 3 4. 15. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition,or obligation. 16. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 17. SEVERABILITY. If any provision, term, or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties'entire contract. 18. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a fmal, complete, and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. 19. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall be obligated to the Contractor for payment of amounts due and owing for materials provided or for services performed or furnished to the date and time of termination. Dated: Cg , 2016. CITY OF FARMINGTON By: Todd Larson, Mayor By: • Cei avid McKnight, Cit Administrator Dated: ,4p , 2016 CONTRACTOR: MARSCHALL LINE,INC. BY: AKI g je✓e r se 17 Its: &evert / /Li e fe r 4 EXHIBIT A Farmington Parks and Recreation Department's 2016 Swim Bus Stops and Times Starting June 20th and ending on August 6th, 2016 No Swim Bus service the week of July 4-July 8, 2016 Both Swim Bus Routes will run on July 27th for the Party on the Knoll event Mondays &Wednesdays Meadowview Park parking Lot 197th St. & Escort 12:30 p.m. Pine Knoll Park 203rd St. & Dunbar Ave. 12:35 p.m. Stelzel Field (parking lot) 19200 Centerfield Court 12:50 p.m: Empire Town Hall 3375 197th St. 12:55 p.m. Sach's Park Calgary Trail &200th St. 1:00 p.m. Prairie View Park Hickory and 12th St. 1:05 p.m. Outdoor Pool drop off time 1:10 p.m. Return pick-up time at the Outdoor Pool 3:30 p.m. (Drop off will be the opposite order as the pick-ups) (If the Outdoor Pool is closed, then the swim bus will drop riders at Levi Dodge Middle School indoor pool and the return pick-up time will be 3:00) Tuesdays &Thursdays (Plus Wednesday, July 27th— Party on the Knoll Event, both shuttles run) Fair Hills Park 19200 Estate Avenue 12:30 p.m. Daisy Knoll Park Esquire Way& Essence Trail 12:40 p.m. Dakota County Estates Park 18220 Emerald Trail 12:50 p.m. North Creek Park(parking lot) Upper 182nd St and Dunbury Ave 1:00 p.m. Lake Julia Park 187th St.W&'Embers 1:10 p.m. Jim Bell Park& Preserve Trailhead at 190th Street cul-de-sac 1:20 p.m. Farmington Preserve Park (parking lot) 19975 Embers Avenue 1:30 p.m. Outdoor Pool drop-off time 1:40 p.m. Return Pick-up Time at the Outdoor Pool 3:30 p.m. (Drop off will be in the opposite order as the pick-ups) (If the Outdoor Pool is closed, then the swim bus will drop at Levi Dodge Middle School indoor pool and the return pick-up time will be 3:00) 41 City of Farmington.... iiii ill. a 430 Third Street Farmington,Minnesota ' 651.280.6800 -Fax 651.280.6899 'fir.,, www ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad, Parks and Recreation Director SUBJECT: Adopt Resolution Accepting Swim Bus Program Donation from Marschall Line,Inc.- Parks DATE: Apri14, 2016 INTRODUCTION Marschall Line,Inc. (MLI)has for the past 10 years provided transportation for the swim bus program and in the past has not charged the normal 3 hour minimum terminal to terminal rate for this service. In the past the difference of what the city of Farmington has paid versus what MLI normally charges for this service has been recognized and accepted by the city as a donation. DISCUSSION An agreement with MLI is on the April 4,2016 city council agenda for approval. The agreement states that the city will pay$95.00 per day for the transportation service that MLI will provide for the swim bus.MLI staff has shared with city staff that normally the terminal to terminal rate at a three hour minimum would cost $274.50. MLI is agreeable to allowing the difference between the two costs of$179.50 per day to be considered as a donation to the city. BUDGET IMPACT According to the MLI,the normal three hour minimum terminal to terminal rate for the Swim Bus service would have cost the city$6,862.50. Under the proposed agreement the total cost for 25 days of bus services will be$2,375.00. This means the city will save$4,487.50 during the 25 days the swim bus will be provided by MLI. Had MLI not made this significant donation,the swim bus program would be very costly for the city to provide to the community. Staff will communicate the city's appreciation on behalf of the city council to MLI for its generous donation. ACTION REQUESTED Adopt the attached resolution accepting the donation of$4,487.50 from MLI to the city for the reduction in costs to provide the swim bus transportation service. ATTACHMENTS: Type Description 0 Resolution Donation Resolution RESOLUTION NO. R29-16 ACCEPT 2016 SWIM BUS PROGRAM DONATION FROM MARSCHALL LINE,INC. 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 4th day of April 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly,Pitcher Members Absent:None Member Bartholomay introduced and Member Bonar seconded the following: WHEREAS, Marschall Line, Inc. total cost for the service rendered for the 2016 Swim Bus Program should have been$6,862.50; and, WHEREAS, Marschall Line, Inc. will be charging the city$2,375.00 for services rendered; and, WHEREAS, Marschall Line, Inc.has agreed to donate the remainder of the cost, or$4,487.50, to provide the bus service for the 2016 Swim Bus Program; and, WHEREAS, it is required by State Statute and in the best interest of the city to accept such donation. NOW,THEREFORE,BE IT RESOLVED that the city of Farmington hereby accepts with gratitude the generous donation of$4,487.50 from Marschall Line, Inc. for the reduction in the cost of offering the 2016 Swim Bus Program. This resolution adopted by recorded vote of the Farmington City Council in open session on the 4th day of April, 2016. Mayor Attested to the 57* day of April, 2016. City Administrator SEAL City of Farmington 44. 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .4 www CLfarnvngton.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Adam Kienberger, Community Development Director SUBJECT: Trident Development TIF Request Call for Public Hearing-Community Development DATE: April4, 2016 INTRODUCTION Trident Development,LLC has submitted an application to the City of Farmington EDA requesting Tax Increment Financing(TIF)for the construction of a new 70-unit assisted senior living facility with memory care south of St. Michael's Church on Denmark Avenue. DISCUSSION At their meeting on March 24,2016 the EDA passed the attached resolution requesting that the city council call for a public hearing to consider the proposed adoption of the Modification to the Redevelopment Plan for the Downtown Redevelopment Project and the proposed adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-14 and cause notice of said public hearing to be given as required by law. The proposal is currently undergoing additional review by the city's financial advisor.A development agreement will be prepared and brought forth to the EDA and city council at an upcoming work session for further review and comments. BUDGET IMPACT TBD ACTION REQUESTED Pass the attached resolution calling for a public hearing on June 6,2016 to consider the proposed adoption of the Modification to the Redevelopment Plan for the Downtown Redevelopment Project and the proposed adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-14. ATTACHMENTS: Type Description © Backup Material EDA Resolution Requesting City Council Call for a Public Hearing D Backup Material Trident Senior Assisted Living Project Rendering D Resolution City Council Resolution-Call for Public Hearing FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY CITY OF FARMINGTON DAKOTA COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF FARMINGTON CALL FOR A PUBLIC HEARING ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 14 (A HOUSING DISTRICT)THEREIN. BE IT RESOLVED,by the Board of Commissioners(the"Board")of the Farmington Economic Development Authority,Minnesota(the"EDA")as follows: WHEREAS,the City Council(the"Council")of the City of Farmington,Minnesota(the"City")has heretofore established the Downtown Redevelopment Project pursuant to Minnesota Statutes,Minnesota Statutes,Sections 469.090 to 469.1082,inclusive,as amended,in an effort to encourage the development and redevelopment of certain designated areas within the City;and WHEREAS,the EDA is proposing the Modification of the Redevelopment Plan for the Downtown Redevelopment Project and the establishment of Tax Increment Financing District No. 14 pursuant to, and in accordance with,Minnesota Statutes,Sections 469.174 to 469.1794 and Sections 469.090 to 469.1082,inclusive,as amended; NOW,THEREFORE BE IT RESOLVED by the Board as follows: 1. The EDA hereby requests that the Council call for a public hearing on May 16,2016 to consider the proposed adoption of the Modification to the Redevelopment Plan for the Downtown Redevelopment Project and the proposed adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-14(collectively,the"Plans")and cause notice of said public hearing to be given as required by law. 2. The EDA directs the Executive Director to transmit copies of the Plans to the Planning Commission of the City and requests the Planning Commission's written opinion indicating whether the proposed Plans are in accordance with the Comprehensive Plan of the City,prior to the date of the public hearing. 3. The Executive Director of the EDA is hereby directed to submit a copy of the Plans to the Council for its approval. 4. The EDA directs the Executive Director to transmit the Plans to the county and the school district(s) in which Tax Increment Financing District No. 14 is located not later than April 15,2016. 5. Staff and consultants are authorized and directed to take all steps necessary to prepare the Plans and related documents and to undertake other actions necessary to bring the Plans before the Council. Approved by the Board on March 24,2016. Chair ATTEST: A 1,1 re ,, A, ii iii C' k , T 71 1., , 1 . 0 1,8],....,.. c .... ...1- F... (-.) ; E . 1 ,. H Li , •t t _ILI_ • ----,_ ,,,!.. :-.1 A ..., , =ft ( I ,,,, re L_ I-•....- U < p §Ikl .J Ej 4 I MI Fill g, rn U Z El 0 0 IL i 1 i- LLI 0 Z (I ( — z ,:t- L ) w. d) -J ow op crIl 4 .4 so DJ 111 U- , 111111 1111111111111110011 i frig n i r-i tr ,. .sti.L.........1-L• Lir E io i .k. C - z .,..u.--—..‘, , , ,, i ■If II . rn4 5.< ' ' 1■ ?' E3 ---- / * 05 ,... , 1/4"-c, - •-tv It4 i 111, El] 1.' 1.,, N. 1 ,, w r_ , , . g , .44,p,,„ 1 l• , .,... ? 1110. 1-4: _At , 41M4'..4 P XX 70,41 k:('‘ ,,,,,, CITY OF FARMINGTON DAKOTA COUNTY STATE OF MINNESOTA RESOLUTION NO. R30-16 RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 14 THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFOR 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 4th day of April 2016 at 7:00 p.m. Members Present: Larson, Bartholomay, Bonar, Donnelly, Pitcher Members Absent: None Member Bartholomay introduced and Member Bonar seconded the following: BE IT RESOLVED by the City Council (the"Council") for the city of Farmington,Minnesota (the"city"), as follows: Section 1. Public Hearing. This Council shall meet on June 6, 2016, at approximately 7:00 p.m. to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for the Downtown Redevelopment Project,the proposed establishment of Tax Increment Financing District No. 14, (a housing district), and the proposed adoption of a Tax Increment Financing Plan(together the"Plans")therefor all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082, and Sections 469.174 to 469.1794, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the city; and Section 2. Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to work with Ehlers to prepare the plans and to forward documents to the appropriate taxing jurisdictions including Dakota County and Independent School District No. 192. The City Administrator is authorized and directed to cause notice of the hearing,together with an appropriate map as required by law,to be published at least once in the official newspaper of the city not later than 10, or more than 30, days prior to June 6,2016, and to place a copy of the plans on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: April 4,2016 Adopted: April 4, 2016 Mayor Attested to the 5'441 day of April 2016. City Administrator �otFARM4 City of Farmington p 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 Mr". wow www.cifarmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Jim Larsen,Fire Chief SUBJECT: Adopt a Resolution Declaring Surplus Property-Fire DATE: Apri14, 2016 INTRODUCTION The Farmington Fire Department(FFD)staff is seeking city council approval to declare surplus property in the FFD. DISCUSSION FFD personnel continue to inventory and find outdated,non-serviceable and non-essential equipment in the FFD. We seek approval to sell this equipment which has been discontinued in our operations. The department moved away from using the Euro style helmet and now have one style of helmet for all members. The uniform style that is currently is use costs less and using one style increases the effectiveness of incident management and accountability BUDGET IMPACT FFD staff has found a buyer for these helmets who will pay$150.00 per helmet. If approved,this revenue would return to the fire department operating budget to be used for other purchases. ACTION REQUESTED Adopt a resolution declaring this property as surplus and authoring the City Administrator or his designee to sell the equipment. ATTACHMENTS: Type Description ® Cover Memo Excess Equipment RESOLUTION NO.R31-16 A RESOLUTION DECLARING SURPLUS PROPERTY IN THE FARMINGTON FIRE DEPARTMENT Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington was held at the Farmington City Hall on the 4th day of April 2016 at 7:00 p.m. Members Present: Larson,Bartholomay, Bonar, Donnelly, Pitcher Members Absent: None Member Bartholomay introduced and Member Bonar seconded the following: WHEREAS,the Fire Department has outdated Euro Helmets; and WHEREAS,the Fire Department is seeking Council approval to declare them surplus property and sell them. NOW THEREFORE BE IT RESOLVED that, after due consideration,the Mayor and City Council of the city of Farmington,Minnesota,hereby declare the attached itemized list as surplus equipment and authorize the City Administrator or his designee to sell the designated helmets for $150 per helmet. This resolution was adopted by recorded vote of the Farmington City Council in open session on the 4th day of April 2016. ayor Attested to the 5'441 day of April 2016. City Administrate J Surplus Euro Helmets (2016) Manufacture Model Year Red Black Comments ROSENBAUER HERO XT 2013 X 27 ROSENBAUER HERO XT 2013 X 35 ROSENBAUER HERO XT 2013 X LT-2 ROSENBAUER HERO XT 2013 X LT-4 ROSENBAUER HERO XT 2013 X 30 ROSENBAUER HERO XT 2013 X 60 vti ifi City of Farmington 6 430 Third Street o Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 4+r.A P�'. WWW.CLfarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson,Robin Hanson SUBJECT: Storm Water Trunk Fund Transfer to Maintenance Fund for Henderson Project- Finance DATE: Apri14, 2016 INTRODUCTION A portion of the 2015 Henderson project(Feb. 17, 2015 city council memo attached for your reference)involved improvements to the city's storm water infrastructure. These costs were initially paid for by the Maintenance Fund. The project is now complete and funds need to be transferred from the Storm Water Trunk Fund to the Maintenance Fund where these costs were originally paid. DISCUSSION The storm water trunk fund improvements totaled$53,218. These amounts were initially paid for from the Henderson project account in the Maintenance Fund. As of December 31, 2015 staff recorded the capital assets in the Storm Water Trunk Fund,but the cash transfer to pay for these improvements has not yet been made. BUDGET IMPACT Budget neutral. Cash transfer between funds. Project was included in the 2015 budget. ACTION REQUESTED Authorize staff to transfer$53,218, effective December 31, 2015, from the Storm Water Trunk Fund to the Maintenance Fund to pay for the storm water infrastructure improvements completed in 2015 part of the Henderson project. ,ATTACHMENTS: Type Description o Backup Material Henderson Project-February 17,2015 y4F104 , City of Farmington p 430 Third Street y' Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 "44.4 ° www.ci.farmington.mn.us TO: Mayor,Councilmembers and City Administrator FROM: Kevin Schorzman,City Engineer SUBJECT: Award Contract-Henderson's Addition Rehabilitation Project DATE: February 17,2015 INTRODUCTION The city council authorized advertisement for bids for the Henderson's Addition Rehabilitation Project at the January 5,2015,city council meeting. pISCUSSION Bids were opened on Monday,February 9,2015. Six bids were received as shown on the bid summary below: Contractor Bid cNamara Low Bid *'grading, $411,824.75 . #2 1 c. 'yes, $455,757.01 #3 $493,405.75 1'aving,Inc. #4 1 orthwest $498,059.50 phalt,Inc. ituminaus #5 1' •adways, $608,222.50 I nc. 1'ark #6 •nstruction $610,522.25 'mpany Based on the bids that were received, staff recommends awarding the contract to McNamara Contracting, for the bid price of$411,824.75. BUDGET IMPACT A 10%contingency applied to the low bid would result in a potential project cost of$453,000. Based on the individual unit prices and including a 10%contingency,staff recommends that the project be financed as follows: Funds remaining from Akin Park Estates Project: $401,700(Approx.$421,000 Remaining) Contribution from the Storm Water Fund: $ 1,300($50,000 Budgeted in 2015) Total: $453,000 ,ACTION REQUESTED Adopt the attached resolution accepting the bid of McNamara Contracting,Inc. in the amount of $411,824.75 and awarding the project. eiiiii* City of Farmington 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 ' ►r.,, o► ' www.cifarmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson,Finance Director SUBJECT: Approve Special Assessment Look Up Software Through eProperty-Finance DATE: April4,2016 INTRODUCTION The City of Farmington uses special assessments to finance different types of local improvements and to recover unpaid municipal services charges. Special assessments appear on the annual property tax bills that are payable along with the property taxes. City staff maintains special assessments detail in the Property Data Systems (PDS)software. DISCUSSION On a daily basis staff receives email and/or phone requests from property owners,potential buyers,title companies,realtors or financial institutions inquiring about special assessments. Are there any special assessments for property'x'?What is the balance owing?How much is due this year?What are the re- payment terms? Staff has learned a special assessments search lookup (ie. eProperty interface with PDS software)can be added to the city's website. This would further improve customer service by making this information available 24/7. There are presently four other cities that provide this information on their websites: Eagan, Lakeville, St. Paul and Woodbury. In addition there are five cities--Brooklyn Center, Crystal, Eden Prairie, Minnetonka and Rochester--working with LOGIS to add this enhancement to their website. We have spoken with Eagan and Lakeville about this feature and both cities provided favorable feedback. Staff also reached out to two of our most frequent inquirers. User 1 I use Eagan, Lakeville and Woodbury. I like it although the amounts on some of the multi year assessments are sometimes off by a few cents. I usually try to cross reference those with the county. For that reason I think Burnsville decided against using it. It's nice to have everything at your fingertips, especially the pendings and the new certifieds. I think it's beneficial and my vote is a yes if that matters. User 2 Yes, my company uses all of those websites!I personally use all but Woodbury and Burnsville. This is because I am not aware of the Burnsville site, I will have to check in with them.My co-worker uses the Woodbury site. They are great and I love that the cities have implemented them. I still obtain rolls from Lakeville and Eagan because there sites are so new there was some glitches of rolls being entered at first. This is great news I hope it works out for you. Please keep me informed if the city decides to move forward with it! As you can see both of our potential power users thought this would be beneficial. With regard to the comments about Burnsville. I spoke with their Finance Director. She was not aware of any issues,rather it was personal preference within their engineering department which is responsible for communicating special assessments. At this time they were choosing not to make eProperty available to the public. The annual cost to the city for providing this information to the public is $1,680. The cost would be charged to the Sewer fund,because that is where the certified utility bills,which comprise the vast majority of calls, are recorded. A sample input screen shot is attached for your reference. This new feature would provide better customer service to our external customers by making this information available 24/7 and would reduce the amount of staff spent responding to these types of inquiries. Staff recommends working with LOGIS to make this feature available to our clients. BUDGET IMPACT The total annual cost is $1,680 and would be paid for from the Sewer Fund. ACTION REQUESTED Authorize staff to implement the eProperty search lookup functionality. ATTACHMENTS: Type Description D Exhibit Sample eProperty Lookup Screen rO . O a. aa O ro 0 3 E tQ N O d 0 0 a p 0 a 2 o .0 o p, a F Q N el O Q p E G igo d Rt aa CO to 4. .I3 Q, 0 O `O A = D. Q CI N p4 © Q O N O. Fo N L'" g1 N C° '0 O © C E 42 Z7 O. p O I n- G kJ tio 41 U . ' '5 m r " 'w 0 _ _ _ w ' ro • iflil In a a VI In�, ro N rD H C O E E A c S a LEE = Z to a) O O iU O C a o Ii i � _ m a q € § U . a a . Q in m 1�i1t Et _1r�GN11 E `P ep 1t�L 1111 '� g. am 1' 81 U-■.■ ■E.■ 3 � °' � ` N ■ OGlro VA ro A kRA►i o City ofFa smington Street IIII��'' Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 '��r.A ' WWW.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Robin Hanson, Finance Director SUBJECT: Approve Bills-Finance DATE: Apri14, 2016 INTRODUCTION Attached is the list of bills for March 16-30, 2016. DISCUSSION NA BUDGET IMPACT NA ACTION REQUESTED Approve the list of bills for March 16-30,2016 ATTACHMENTS: Type Description ® Exhibit List of Bills A C m m m m m m m In N N CO CO CO CO m N N N N N N N N N • 0 0 0 o O o o 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 0 0 C] 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 O 0 0 0 0 0 0 0 0 P o o O O O O 0 0 co O o O O O O O O O O O 0 O O O O N M In M CO 0 O 0 0 0 O ad m m m m sf t0 t0 m m <0 CO CD (O m m m co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0-0 W m g CO o d Z CO CO o m O X O O co --Co a W IILL� 0- w Z Z z ee Z Z CO Z CO CO Z -J 0 j Z O a I)1 a 0 W O O 0 0 0 O 0 0 0 O O Q W C w w IX W I- W � > d co co W W 'o F W I- J I- Q K W W U U U U U W m W W W W W W W a Q ZZ a CO rco F- Ili a s > > > > a 0 a a a a a a s •. p Q Q a CO O O a a a a a O O O 0 0 0 O O 'Lr. d' ce Q 0 J O re m w w W W W IX Y R K 2 0 m R K p p co o co 77 CO p F O O O O O O O m c O - C 0 op J J W re 7 7 W W W W W 7 0 7 7 7 7 7 7 7 7 I— < 0 -4. 0 Q o a re K re ce re O J a a O a Cr O O m co a CO CO �i co li a 7 J LL LL LL LL LL J a J J J J J 7 J CO < m m < < m m I- < m m re 0 6 6 ua6 Y p Z Z Z Z Z 7� a O O 7. 0 0 7. 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N b Z 00 J n t F_ Q Q o co d 0 2 O U O 2 2 W W O 0 U LL U CO CO CO CO 11 R m d' O 0 0 0 0 0 0 0 U) ,o 0 0 0 0 0 o 0g▪ Oo b s- s- to to N co `- N o T Q ca 00 o E CO U1 'g CO CO t0 t- P a- • O O O O J O co N N VV I W I N N N N E ❑ t9 co co • r U• n. a AO CO N h y o W 10 10 re z t U 411019y City of Farmington . 430 Third Street Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 4'11'.4 pol o www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Randy Distad,Parks and Recreation Director SUBJECT: Approve Purchase and Installation of Troy Hill Park Playground Equipment DATE: April4, 2016 INTRODUCTION Staff solicited proposals from seven companies for the purchase of new playground equipment in Troy Hill Park. The proposal also required each vendor to submit two separate quotes for the installation of the playground equipment, so the city would not have to pay sales tax on the purchase of the playground equipment. DISCUSSION Previously the city council had approved in the 2016 Park Improvement Fund budget an amount of$60,000 to replace the playground equipment in Troy Hill Park. The project included: • Removal of existing playground equipment(no cost for this service) Removal of existing concrete border(will be completed by city park maintenance staff) Purchase and installation of new playground equipment(estimated at$50,000) • Construction of concrete border around new playground equipment(estimated at$10,000) In January 2016, a Request for Proposals was sent to seven companies soliciting proposals for new playground equipment and two separate quotes for the installation of the playground equipment. Six of the seven companies submitted proposals to the city. One of the companies submitted two different options. Exhibit A is attached showing a tabulation of the proposals submitted. It is important to note that playground equipment is not standardized as each company has unique equipment so a comparison of one company's playground equipment against another is virtually impossible. Some play components are proprietary in nature and so cannot be matched by other companies. It is for this reason that proposals were requested with an identified not to exceed amount of$50,000,which was the budgeted amount. Companies then"compete"with one another to submit their best proposal to the city for the not to exceed amount. Because each company has unique playground equipment, each proposal has a unique look to it and the play components,while looking the same,may be built with different types of materials. Each playground proposed functions differently from other playgrounds proposed.As a result it may also be priced differently. The proposals are then ranked against pre-determined selection criteria that were developed before proposals were received. The selection criteria are identified in the Request for Proposals so companies that are solicited understand how proposals are compared against one another and how the winning proposal is selected. Sometime this process results in a proposal selected that is right at the budgeted amount and sometimes the proposal selected will come in lower than the budgeted amount. It just depends on which proposal best meets the selection criteria. If specifications were written for only one specific type of playground equipment then other companies would not be able to compete in a bidding process because it would not be able to match the specifications. This could be considered closed specifications,which could result in the specifications being challenged by other companies. In addition to the playground equipment proposals submitted, each vendor was also required to submit quotes from at least two contractors to install the playground equipment proposed. At its March 16, 2016 meeting,the Park and Recreation Commission(the commission)reviewed the six proposals submitted and selected playground equipment manufactured by Miracle Recreation Equipment Company and sold by a company called Webber Recreational Design, Inc.,which is located in Hastings, Minnesota. The cost to purchase the playground equipment is $40,311.00,which includes shipping costs. The playground equipment is shown in Exhibit B. The installation cost is based on the lower of two quotes submitted by contractors,which are shown in Exhibit C. Installation of the playground equipment will be completed by a company called Koolmo Construction,Inc. at a cost of$9,500.00 An agreement with Koolmo Construction,Inc. to install the playground equipment is attached. The commission felt the purchase of the playground equipment submitted in the proposal by Webber Recreational Design, Inc. best met the following selection criteria: submitted a cost estimate that did not exceed$50,000 the total number of play components that are received for the budget identified compared to other proposals • innovation in design or theme • wide variety of activities for all ages of children The commission is unanimously recommending to the city council to purchase the playground equipment from Webber Recreational Design,Inc., shown in Exhibit B, and to have Koolmo Construction, Inc. install the playground equipment in Troy Hill Park. BUDGET IMPACT The budgeted amount for the purchase and installation of playground equipment was $50,000. The total proposed cost of the playground equipment to be purchased and installed is $49,811.00. ACTION REQUESTED Approve the purchase of playground equipment for Troy Hill Park from Webber Recreational Design, Inc. at a cost of$$40,311.00 and shown in Exhibit B and approve the attached agreement with Koolmo Construction,Inc. for the installation of playground equipment in Troy Hill Park at a cost of$9,500.00. ATTACHMENTS: Type Description D Exhibit Exhibit A Playground Proposal Tabulations D Exhibit Exhibit B Playground Proposal D Exhibit Exhibit C Playground Installation Tabulation D Contract Troy Hill Park Playground Installation Agreement Form D Exhibit Troy Hill Park Location Map N 0 V • C 0 •L - 0000000 0. CU 0000000 . o .- �.ci0000 N H ▪ 0 60) 00 00 00_00 O C (4? 4' 4' ,53 53 I0) to to-to co to a`. a � c .0 r C 0 E Q a g z W Ezz aizzz Cv ii . � � a) O c c 0) co > 0) C �q CO) C O = N O SS E ° fna0 ° 0 CL O ac L 03 a 0 I CD N r C C N oo >' 0.• O. co c 00 0 c yr o C c o p • .° •m N 7 U O N N tO A V O a) "' c c m ac0i �0 0. 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A .. •C:. .":.' ..' -. . 1 1 / ',.-••• , , . eae...c J •■• , .. . _ . ._ , , - .,,, . • • .. . . ... ., \ , , Exhibit C Troy Hill Park Playground Equipment Installation Tabulation Contractor Name Quote Amount Koolmo Construction, Inc. $9,500.00 Otto Landscaping, Inc. $9,950.00 AGREEMENT AGREEMENT made this I44' day of .�d , 2016, between the CITY OF FARMINGTON, a Minnesota municipal corporation ("City"), and KOOLMO CONSTRUCTION,INC.,a Minnesota corporation("Contractor"). IN CONSIDERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED,THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement B. Contractor Proposal dated February 25,2016,attached as Exhibit"A." C. Request for Proposal Troy Hill Park Playground Equipment Specifications, attached as Exhibit`B". In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document"C"having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR The Contractor shall provide the goods,services,and perform the work in accordance with the Contract Documents. 3. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the bid. 4. SOFTWARE LICENSE. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 5. ASSIGNMENT. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 6. TIME OF PERFORMANCE. The Contractor shall complete its obligations on or before August 31,2016. 7. PAYMENT. a. When the obligations of the Contractor have been fulfilled, inspected, and accepted, the City shall pay the Contractor $9,500.00. Such payment shall be made not later than thirty (30) days after completion,certification thereof,and invoicing by the Contractor. b. No final payment shall be made under this Contract until Contractor has satisfactorily established compliance with the provisions of Minn. Stat. Section 290.92. A certificate of the commissioner shall satisfy this requirement with respect to the Contractor or any subcontractor. 8. EXTRA SERVICES. No claim will be honored for compensation for extra services or beyond the scope of this Agreement or the not-to-exceed price for the services identified in the proposal without written submittal by the Contractor, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs, prior to commencement of the work. 9. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (11/2 %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees,incurred in bringing the action. 10. WORKER'S COMPENSATION. If Contractor does public work, the Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 11. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract,with the City included as an additional name insured by endorsement: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate,products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of three (3) years after final payment and Contractor shall continue to provide evidence of such coverage to 2 City on an annual basis during the aforementioned period; or if any reason Contractor's work ceases before'final payment,for a minimum period of three(3)years from the date Contractor ceases work. Property Damage Liability Insurance shall include coverage for the following hazards: X (Explosion) C (Collapse) U (Underground) Contractual Liability(identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury,with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability(owned,non-owned,hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 12. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 13. RECORDS. Contractor shall maintain complete and accurate records of expenses involved in the performance of services. 14. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and 3 equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. The Contractor further warrants to the City that all goods and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. This warranty is in addition to any manufacturer's standard warranty y,and any warranty provided by law. 15. NONDISCRIMINATION. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in employment to members of a protected class and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provision in all subcontracts entered into for the performance of this contract. 16. INDEMNITY. The Contractor agrees to defend,hold harmless, and indemnify the City, its officers, agents, and employees, for and against any and all claims, demands, actions, or causes of action, of whatever nature or character, arising from the Consultant's performance of work or services provided for herein. The Contractor shall take all reasonable precautions for the safety of all employees on the site and shall provide reasonable protection to prevent damage or loss to the property on the site or properties adjacent thereto and to work, materials and equipment under the Contractor's control. 17. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition,or obligation. 18. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 19. SEVERABILITY. If any provision,term, or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms, and conditions of this Contract, unless such invalid or unenforceable provision, term, or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties'entire contract. 20. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final, complete, and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings, or written or verbal representations made between the parties with respect thereto. 21. TERMINATION. This Agreement may be terminated by the City for any reason or for convenience upon written notice to the Contractor. In the event of termination, the City shall be obligated to the Contractor for payment of amounts due and owing for materials provided or for services performed or furnished to the date and time of termination. 4 Dated: +-Z.(S , 2016. CITY OF FARMINGTON By: // y� �/ Todd Larson,Mayor By 71./" . jle/(/) avid McKnight Administrator 5 Dated: Pprik ` , 2016 CONTRACTOR: KOOLMO CONSTRUCTION,INC. 6 ,_,_.. v....._.___-- By: Its: bak.oc\_ Kc,k uw o ®vv A,-e r 6 c4 ; F A , 8;• City of Farmington ka► 430 Third treat Farmington,Min.' esota w'" 651,280.6800.Fax 651.280.6899 *�asar °� •w wd• 7in$ba Lo • PLAYQRO> �1VIENT i...$TALLLATI0 UO1'l # SUBMITTAL T®. Submit your company's quote below for the Troy Dill.Park Playground Eclirlprent Project. Your project quote should include the following itemized costs: • Cost to install:all playground equipment The deadline to submit your playground.equipment installation quote for Troy FIlll Palk is Friday,Febmary 26,2016 nolater than 10:00 a,m. • Company Ozmation: The undersigned,being&Bilk with local conditions,having made the field inspections and investigations deeined.x ecessary,having studied the speeii ioations for the work and being familiar with all factors and other conditions affecting the work and costs thereof hereby propose to ftruish,all.labor,tools,materials, skills,equipment and all else necessary to completely conatrnot the project in accordance with the specifications identified previously. Please provide in the space that:follows,your company's information. • Name of Vendor Submitting Bid: Koolmo Construction,Inc, Contact Person:, Dave Koolmo ° Address:, 2324169thtane NW;Andover,MN 55304 Work Phone Nwnbe : 612-308-6666 Email.Address: dmkool@nasn.com. • Prate Quoie Submitted: 02/25/2016 Quote#1 Troy 1B11 Park Playground Equipment installation Amount: $ 9,500,00 Option 1 4IMRM4 City of Farmington 430 Third Street ` ,: Farmington Minnesota 1`� ' a 651.280.6800•Fax 651.280.6899 move www ci.farmington.mn us EXHIBIT B REQUEST FOR PROPOSALS TROY HILL LL PARK PLAYGROUND EQUIPMENT • INTRODUCTION The Farmington Park and Recreation Department would like to invite you to submit a proposal for new playground equipment for 2-5 year and 5-12 year old children to be purchased and then installed in Troy Hill Park. For your convenience,there is a map enclosed indicating where this park is located in Farmington. Please feel free to visit the park site. Also enclosed is a master plan for the park that identifies the general location of where the playground equipment is currently located in the park. There should be two separate proposals submitted. One proposal should include information and costs associated with the purchase of the proposed playground equipment for the park. The second proposal submitted should include at least two separate quotes for the installation of the playground equipment,in order to meet the requirements for allowing the city to not having to pay sales tax on the playground equipment. The deadline to submit your conceptual design plan proposal for playground equipment in Troy Hill Park is Friday,February 26,2016 no later than 10:00 a.m. The proposed conceptual design plan may either be dropped off at the Parks and Recreation Department office located at 430 Third Street Farmington, Minnesota or may be mailed to the same address. An electronic plan may also be submitted but must be in a PDF format. The Perk and Recreation Commission(PRC)will be reviewing the conceptual design plan proposals that have been submitted at its March 16,2016 meeting and will forward to the City Council at that time a recommendation about the vendor the city should purchase the playground equipment from and a recommendation about the contractor the city should hire to install the playground equipment. It is required that this project be completed on or before August 31,2016 Please direct questions about this project to Randy Distad,Farmington Parks and Recreation Director either by phone at 651-280-6851 or via email at rdistad@cilarmington.mn.us SPECIFICATIONS FOR FAIRRILLS PARK PLAYGROUND EQUIPMENT 1. The cost for the combined purchase and installation of the playground equipment should not exceed$50,000.00,which should include shipping costs. 2. In order to meet Minnesota Statute allowing the purchase of playground equipment to be exempt from Minnesota sales tax two separate proposals should be submitted. One proposal should show the playground equipment and the cost associated with purchasing it. A.second proposal should show at least two quotes on the cost to install the playground equipment.In addition the vendor selected for the purchase of the playground will need to enter into purchasing agent contract with the City and complete Form ST3 Certificate of Exemption.,which will be provided to the vendor selected after the selection process has been completed. 3. Any playground equipment and installation proposals that are submitted over this amount will be rejected. 4. The quote amount for the purchase of the equipment and two quote amounts for the playground equipment to be installed should be included on the proposal submitted and should also be submitted on the Submittal of Quote Form below. 5. The playground surfacing material will be purchased separately from the proposals submitted(see #19 below for more details) 6. The City is seeking proposals that contain themed based playground equipment. Selection of the playground equipment will be based primarily on the most innovative and/or creatively designed Chemed playground equipment. There is no preferred theme to follow.It is up to each vendor to submit the most innovative or unique themed equipment they sell. 7. Number of years the playground equipment is covered under full warranty should be included with the proposal. 8. Poles for the playground equipment should be at a minimum 31/2 inches OD for the playground equipment proposal designed and submitted for 2-5 year old children and at a minimum 5 inches OD for the playground equipment proposal designed and submitted for 5-12 year old children. 9. Paint on all poles,arches,railings and climbers should be powder coated. 10.Dimensions for a concrete border around all playground equipment and swings should be shown on the concept plan. 11.Playground equipment should be constructed from recycled materials as much as possible.If there is recycled material used in the playground equipment,a percentage of recycled materials used in the construction of the playground equipment should be provided with the proposal submitted if possible. 12.The playground equipment proposal should include separate play structures for ages 2-5 year and 5-12 year old children. • 13.There should be a stand-alone welcome and informational sign that should be included and • installed with the playground equipment. 14. Components of the playground equipment for 2-5 year old children should meet the following minimum requirements: • There should be at least one play component that utilizes balance • There should be at least two climbing apparatus that either provide access to a deck or are stand alone structures • There should be a minimum of at least two slides • There should be at least a minimum of two ground level play components with at least one ground level play component being a spring rider and at least one ground level component being some type of play panel • There should be at least one play component that solely promotes the use of upper body muscles • At a minimum the playground equipment should have at least one deck with a roof • At least one bay of two swings at a height of 8 feet with bucket swing seats The proposal submitted should call out the equipment that meets each of the requirements. It is acceptable if a piece of equipment meets more than one of the above requirements. 15.Components of playground equipment for 5-12 year old children should contain at a minimum the following: • at least two ground level play components with at least one component being a spring rider and at least one component being some type of play panel • at least three slides • at least two components that solely promote the use of upper body muscles. • at least two components that utilizes balance • at least one deck with a roof • at least three climbing apparatus that either provide access to a deck or are stand alone structures • at least two bays of two swings at a height of 10 feet with belt swing seats The proposal submitted should call out the equipment that meets each of the requirements. It is acceptable if a piece of equipment meets more than one of the above requirements. 16.Selection of the playground equipment for this project will be based on the following criteria: most innovative and/or creative theme,most closely meets the specifications identified above,is able to submit a cost estimate to purchase and install the playground equipment that does not exceed$50,000,the total number of play components that are received for the proposal submitted when compared to other proposals,and warranty coverage. 17.The City reserves the right to reject any and/or all playground equipment proposals submitted. 18.The City shall perform the site work in preparation for the installation of the playground equipment including the removal of the existing playground equipment,concrete border(if needed based on the dimensions of the playground equipment),swings and the existing fall material. 19.The City shall perform the construction of a new border(if needed)to the dimensions indicated in the playground concept plan submitted to the City. Installation of the border will occur after the playground equipment and swing sets have been installed. 20.The City shall be responsible for purchasing and immediately installing the surfacing material under and around the playground equipment and swing sets after they have been installed.The purchase of the surfacing material is separate from this proposal. 21.The proposal submitted should include a submittal of one large drawing of the playground equipment that is proposed to be installed that is at least 24 x 36 inch(or as close as possible) colored plan. 22. 6 color copies of the proposal on an 81/Z x 11 inch size paper should be submitted. On this handout,information should be included that reflects the overall total playground equipment border dimensions that allows all playground equipment and swings sets to fit inside,color scheme,number of play components,names of the play components and carrying capacity of the playground equipment. 23.Please do not submit any catalogs with your proposal. 24.A statement also must be made that the playground manufacturer is a current IPEMA member. 25.A statement must be made that the playground equipment complies with all current ASTM and CPSC guidelines and standards. 26.Insurance Requirements are as follows: The vendor's insurance company will waive its right to assert the immunity of the City as a defense to any claims made under said insurance. The vendor shall take out and maintain during the life of the contract,vendor's General Liability &Automobile Insurance,including vendor's Contingent or Protective Insurance to protect the vendor from damage claims arising for operations under this contract,which shall protect him or her and any subcontractor performing work covered by this contract,from claims for damages for personal injury including accidental death under this contract whether such operations by him or herself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of the insured shall be as follows: Worker's Compensation Insurance Coverage B—Employer's liability with limits of not less than: $100,000 Bodily injury by disease per employee $500,000 Bodily injury by disease aggregate $100,000 Bodily injury by accident The vendor and his/her subcontractors,if any,must provide Worker's Compensation Insurance for all employees,in accordance with the statutory requirements of the State of Minnesota, including Coverage B,Employer's liability. Evidence of subcontractor insurance shall be filed with the vendor. Automobile Liability Insurance 1. Minimum limits of liability coverage for passenger vehicles such as car,van or pickup truck, unless it be being used to perform the service. If vehicle is towing equipment or a commercial vehicle,and all other vehicles then liability limits shall be the same as required under#c.General Liability Insurance,below. • • , t 2.Required Coverages The vendor and his/her subcontractors,if any,shall maintain insurance to cover liability arising out of the operations,use,or maintenance of all owned,non-owned and hired automobiles. Evidence of subcontractor insurance shall be filed with the vendor. General Liability Insurance Minimum limits of liability shall be as follows: • $2,000,000 Per Occurrence • $2,000,000 Annual Aggregate • $2,000,000 Annual Aggregate applying to Products/Completed Operations Insurance coverages should include the following: o Premises and Operations Bodily Injury and Property Damage • Personal and Advertising Injury • Blanket Contractual • City of Farmington listed as additional insured The vendor shall maintain insurance to cover claims,which may arise from operations under a contract with the City,whether such operations are by vendor or subcontractor or by anyone directly or indirectly employed under this contract. If vendor's work involves worldng with,or the potential release of,a hazardous substance,then the vendor shall be required to procure double the insurance policy limits of those above. CONTRACT INSURANCE REQUIREMENTS-SUPPLEMENTAL A sample Certificate of Insurance will be supplied to the vendor selected so they may provide it to their agent along with the insurance requirements identified in the Request for Proposal. Should your proposal be selected and the City contract with your company,this will make it possible for your agent to complete a certificate of insurance that will be in compliance with the specifications in the contract. An important requirement of the contract insurance is that the City be listed as"Additional Insured"by being added to your liability policy by endorsement. This endorsement must accompany the certificate and must be provided to the City prior to the Contractor beginning any work for the City. It may be mailed via regular U.S.mail or may be emailed to: Mailing address: Randy Distad City of Farmington 430 Third Street Farmington,MN 55024 Email address: rdistad @ci.fannington.mn.us Troy Hill Park Location Map a , x' A ro! 1 " Mfr ' A 1♦ ` < Y Yew,. �� [ �� �ys i NI / i - '. * .'r." i . 1.;—',1 i Al w» * „:. ..4 / ; r J.., ' . 'i$0,Nt 4 yr- .,', e A•' ,,: pip-, - .t..„,,,,,,,,... f If,,,i • i ' d 1.,m ,.» � ` .. . ..V, ark . r e * m..,,,,,,,., % . J s..., 41(1, '~ "' J '`" fir. , - r; ;,� F�� x �,. . ;,mom 1, ..k', - is w -4 D �zk r i /lig 77 '14;, ::: kTb•K`: . r:44,-r"..; 1,43,,..';;L., a/d \. '1 }V 1,. e LwiNL I '' , iv, .,,,.., Id . + r µ . " i rt .i ii 0,. . .. , ,y 4., be a AIL] { (R $ "ICWIL t 4 t.{ y . +# T r M • .. March 28, 2016 1:4,800 0 225 450 900 ft 1 r' r 1 1 ' ' ' i l l 0 65 130 260 m Property Information Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey.or for zoning verification. 4004 City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 -Fax 651.280.6899 .4 WWW.cLfamnngton.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Kevin Schorzman, City Engineer SUBJECT: 2016 Seal Coating and Trail Maintenance DATE: Apri14, 2016 INTRODUCTION Bids for street maintenance services were received by Burnsville on March 11, 2016,and the bid was awarded at the Burnsville city council meeting on March 22, 2016. DISCUSSION The following is a summary of our costs based on the bids received: Seal Coating Streets: $180,541.60 Crack Sealing: $ 43,860.00 Pavement Marking: $ 4,926.60 Administrative Fee:(1/2%of total cost): $ 1,146.64 Total: $230,474.84 Due in part to the decline in oil prices during 2015, seal coating prices decreased this year by approximately 5.3%($1.13 to $1.07 per square yard)and crack sealing prices decreased by approximately 11.9%($0.488 to $0.43 per linear foot). The costs for the above-mentioned items will be paid for using money from the city's seal coating fund. Attached for city council's information is a chart showing actual and projected costs for seal coating, and how they compare to available funding. As you can see,we continue to project that the total 7-year cost will be less than the original estimates (between 91%and 92%of the available funding). In addition to the street seal coating and crack sealing, the Water Board has included the paved areas around wells#4,#6,#7,#8, and the Daisy Knoll water tower for crack sealing and seal coating during this year's project. The cost for the crack sealing and seal coating around the wells and tower will be paid from the water fund. In 2012,the South Metro Joint Powers group,which the city has been a part of for nine years,began including bituminous fog sealing for trails as part of their bidding process. Since 2013,the city council has allocated funds for the maintenance of the city's trail system. On March 3,2014, the city council approved the city's trail maintenance plan. In conjunction with that plan,and because of the city council's continued commitment to maintain the city's trail system, approximately 23 miles of the city's trail system have been maintained over the last three years. The following is a summary of our costs for trail fog sealing in 2016 based on the bids received: Bituminous Fog Sealing(trails): $16,140.00 Administrative Fee: (1/2%of total cost): $ 80.70 Total: $16,220.70 Prices for bituminous fog sealing of trails increased this year by approximately 8%($0.20 per gallon more than 2015). While oil prices fell during 2015,this increase can be attributed to contractor's having a better idea of the work involved with trail fog sealing and incorporating the additional labor costs into the price for this work. The cost for the bituminous fog sealing will be paid for using money allocated for trail maintenance. In addition to the fog sealing,we are also planning to do crack sealing on the trails within this year's fog sealing areas. Trail crack sealing is not included as part of the South Metro Street Maintenance contract. BUDGET IMPACT The costs for seal coating and trail maintenance are included as separate items in the 2016 budget. ACTION REQUESTED Provided for city council information only. ATTACHMENTS: Type Description 0 Backup Material Seal Coat Funding Chart 4-t:7-) O iUl � I + CO O (L 2 w L iQD + N O O iQI0 - rn N N N ffy i co \ ilk,. to N , t \\\\ i 0 N O i.l N ,31 Cpl zNi 1 I- (. , LO as ('; : O >-N 'I' O N CO N N 0 N 0 0 0 0 0 0 O 0 0 0 0 0 Eff 6 6 O O O O O o O O O O O O O O O O O 6 6 O O O O O O O O O O LC) O Li) O to C) N N EH E9 Ea to EH 411tR�iy� City of Farmington ,0A 430 Third Street Farmington,Minnesota '�e 65L280.6800 -Fax 651.280.6899 �+r.,, www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: Kevin Schorzman, City Engineer SUBJECT: Adopt Resolution-TH-3 Trail Cooperative Agreement DATE: April4, 2016 INTRODUCTION As the city council is aware,the Minnesota Department of Transportation(MnDOT)is doing a project on Trunk Highway 3 (TH-3)this summer. DISCUSSION As part of the project,the city requested that MnDOT include the completion of the trail along TH-3 from 194th Street to 190th Street. Attached is a cooperative agreement between MnDOT and the city to facilitate this construction. As discussed previously with the city council, 50%of the cost of the project is being paid by MnDOT and the remaining 50%is the city's responsibility. The estimated cost to the city is $61,440.95 as indicated in the agreement. This cost will be revised once bids have been received to reflect the actual bid prices. BUDGET IMPACT $40,000 of the city's cost will be paid by the liquor store. The remaining portion will be paid from funds left after the completion of the Henderson's Addition project. ACTION REQUESTED Adopt the attached resolution entering into the cooperative agreement and authorizing the appropriate city signatures. ATTACHMENTS: Type Description D Exhibit Cooperative Agreement ® Resolution TH-3 Trail Agreement Resolution D Exhibit Location Map MnDOT Contract No: 1002467 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF FARMINGTON COOPERATIVE CONSTRUCTION AGREEMENT State Project Number(S.P.): 1921-98 Estimated Amount Receivable Trunk Highway Number(T.H.): 3=001 $61,440.95 State Project Number(S.P.): 1920-41 City Project: Farmington Federal Project Number: STPM 1916(149) This Agreement is between the State of Minnesota,acting through its Commissioner of Transportation("State")and City of Farmington acting through its City Council("City"). Recitals 1. The State will perform grading,bituminous mill and overlay,ADA improvements and bike trail construction and other associated construction upon,along and adjacent to Trunk Highway No.3 from just north of Willow Street to 0.02 miles north of County Road No. 58 according to State-prepared plans,specifications and special provisions designated by the State as State Project No. 1921-98(T.H.3=001)("Project").The State will also perform grading,bituminous mill and overlay,signal and ADA improvements construction and other associated construction upon,along and adjacent to Trunk Highway No.3 from 0.1 miles south of Trunk Highway No. 50(Ash Street)to Willow Street according to State-prepared plans, specifications and special provisions designated by the State as State Project No. 1920-41 (T.H.3=001)("Project");and 2. The City has requested the State to include in its Project bike trail construction along and adjacent to Trunk Highway No. 3 from 194th St W to 195th St W;and 3. The City wishes to participate in the costs of the bike trail construction and associated construction engineering;and 4. Agreement No. 1002015 between the State and the City of Farmington and Dakota County will address removal of existing traffic control signals and installation of new traffic control signals;and • 5. Minnesota Statutes§ 161.20,subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms;Plans;Incorporation of Exhibits 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes§ 16C.05,subdivision 2. 1.2. Expiration date.This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including,without limitation,the following clauses:3.Maintenance by the City; 8.Liability;Worker Compensation Claims; 10. State Audits; 11.Government Data Practices; 12.Governing Law;Jurisdiction; Venue; and 14.Force Majeure. -1- Receivable Standard(Municipal Agreements) • MnDOT Contract No: 1002467 1.4. Plans,Specifications,Special Provisions. Plans, specifications and special provisions designated by the State as State Project No. 1921-98(T.H. 3=001)are on file in the office of the Commissioner of Transportation at St.Paul,Minnesota,and incorporated into this Agreement by reference.("Project Plans") 1.5. Exhibits.Preliminary Schedule"I" is on file in the office of the City Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction,Supervision and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Inspection by the City. The City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective,the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. 2.3. Plan Changes,Additional Construction,Etc. A. The State will make changes in the Project Plans and contract construction,which may include the City participation construction covered under this Agreement,and will enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda, change orders and supplemental agreements to the construction contract that will affect the City participation construction covered under this Agreement. B. The City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s)with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project,the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 2.5. Permits A. Limited Use Permit. The City will obtain,through the District's Right of Way Area Manager,a Limited Use Permit under Control Section 1921 along Trunk Highway No.3 to cover the City's liability responsibilities of a non-motorized recreational trail to be constructed upon the State right-of-way. 2.6. Replacement of Castings.Adjustments to certain City-owned facilities, including but not limited to,valve boxes and frame and ring castings,may be performed by the State's contractor under the construction contract. The City will furnish the contractor with new units and/or parts for those in place City-owned facilities when replacements are required and not covered by a contract pay item,without cost or expense to the State or the contractor,except for replacement of units and/or parts broken or damaged by the contractor. -2- Receivable Standard(Municipal Agreements) MnDOT Contract No: 1002467 3. Maintenance by the City. Upon completion of the project,the City will provide the following without cost or expense to the State: 3.1. Roadways. Maintenance of T.H.3 East and West Frontage Roads.Maintenance includes,but is not limited to,snow,ice and debris removal,resurfacing and seal coating and any other maintenance activities according to accepted City maintenance practices. 3.2. Storm Sewers. Routine maintenance of any storm sewer facilities construction. Routine maintenance includes,but is not limited to,removal of sediment,debris,vegetation and ice from the grates and catch basins. When conducting routine drainage maintenance the City shall notify the District Maintenance Engineer of any needed repairs. 3.3. Sidewalks.Maintenance of all sidewalk construction, including stamped and colored concrete sidewalk(if any)and pedestrian ramps. Maintenance includes,but is not limited to,snow,ice and debris removal, patching,crack repair,panel replacement,cross street pedestrian crosswalk markings,vegetation control of boulevards(if any) and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable,and aesthetically acceptable condition. 3.4. Bikeways/Shared Use Paths. Maintenance of any bikeways and shared use paths construction. Maintenance includes,but is not limited to,snow and ice control/removal,sweeping and debris removal, patching,crack repair,pavement replacement,vegetation control,signing,pavement markings,and any other maintenance activities necessary to perpetuate the bikeways and shared use paths in a safe and usable condition. 3.5. Additional Drainage.Neither party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed,without first obtaining written permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map,EXHIBIT"Drainage Area",which is on file in the office of the State's District Hydraulics Unit at Roseville and is incorporated into this Agreement by reference. 3.6. Future Responsibilities.Upon completibn of the T.H.3 East and West Frontage Roads construction,the City will accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation,maintenance,repair and reconstruction of T.H.3 East and West Frontage Roads and all of the facilities constructed as part of this Agreement,without cost or expense to the State. 3.7. Release and Conveyance of Roadways. Upon completion of the T.H. 3 East and West Frontage Roads construction,the State will serve upon the City a"Notice of Release"placing the frontage roads under the jurisdiction of the City; and subsequent thereto,after all required documents have been prepared and processed,the State will convey to the City all right,title and interest of the State in the frontage roads. Upon receipt of that"Notice of Release",the City will become the road authority responsible for the frontage roads so released. 4. Basis of City Cost 4.1. SCHEDULE "I" The Preliminary SCHEDULE "I" includes all anticipated City participation construction items,and the construction engineering cost share covered under this Agreement,and is based on engineer's estimated unit prices. 4.2. City Participation Construction. The City will participate in the work items at the 50 percentage participation rate as shown and tabulated on the sheet No.2 of the Preliminary SCHEDULE"I". The construction includes the City's proportionate share of item costs for mobilization,field office,and field laboratory. 4.3. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of the total City participation construction covered under this Agreement. -3- Receivable Standard(Municipal Agreements) MnDOT Contract No: 1002467 4.4. Plan Changes,Additional Construction,Etc. The City will share in the costs of construction contract addenda,change orders and supplemental agreements that are necessary to complete the City participation construction covered under this Agreement, including any City requested additional work and plan changes. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes,construction contract addenda,change orders and supplemental agreements,and associated construction engineering before the completion of the contract construction. 4.5. Liquidated Damages.All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 5. City Cost and Payment by the City 5.1. City Cost.$61,440.95 is the City's estimated share of the costs of the contract construction and the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE"I". The Preliminary SCHEDULE "I"was prepared using estimated quantities and unit prices,and may include any credits or lump sum costs. Upon award of the construction contract,the State will prepare a Revised SCHEDULE"I" based on construction contract unit prices,which will replace and supersede the Preliminary SCHEDULE "I"as part of this agreement. 5.2. Conditions of Payment.The City will pay the State the City's total estimated construction and construction engineering cost share,as shown in the Revised SCHEDULE"I",after the following conditions have been met: A. Execution of this Agreement and transmittal to the City,including a copy of the Revised SCHEDULE "I" B. The City's receipt of a written request from the State for the advancement of funds 5.3. Acceptance of the City's Cost and Completed Construction.The computation by the State of the amount due from the City will be final,binding and conclusive. Acceptance by the State of the completed contract construction will be fmal,binding and conclusive upon the City as to the satisfactory completion of the contract construction. 5.4. Final Payment by the City Upon completion of all contract construction and upon computation of the final amount due the State's contractor,the State will prepare a Final SCHEDULE "I"and submit a copy to the City. The Final SCHEDULE"I"will be based on fmal quantities,and include all City participation construction items and the construction engineering cost share covered under this Agreement. lithe final cost of the City participation construction exceeds the amount of funds advanced by the City,the City will pay the difference to the State without interest. If the final cost of the City participation construction is less than the amount of funds advanced by the City,the State will refund the difference to the City without interest. The State and the City waive claims for any payments or refunds less than$5.00 according to Minnesota Statutes§ 15.415. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name/Title: Maryanne Kelly-Sonnek,Municipal Agreements Engineer (or successor) Address: 395 John Ireland Boulevard,Mailstop 682, St.Paul,MN 55155 -4- Receivable Standard(Municipal Agreements) MnDOT Contract No: 1002467 Telephone: (651)366-4634 E-Mail: maryanne.kellysonnek @state.mn.us 6.2. The City's Authorized Representative will be: Name/Title: Kevin Schorzman,City Engineer (or successor) Address: Farmington City Hall,430 Third Street,Farmington,MN 55024 Telephone: 651-280-6841 E-Mail: kschorzman@ci.farmington.mn.us 7. Assignment; Amendments;Waiver; Contract Complete 7.1. Assignment Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement,executed and approved by the same parties who executed and approved this Agreement,or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement,or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City.No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 8. Liability;Worker Compensation Claims 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes §3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes§ 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes§ 16C.05, subdivision 5,the City's books,records,documents,and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act,Minnesota Statutes Chapter 13,as it applies to all data provided under this Agreement,and as it applies to all data created,collected,received, stored,used,maintained,or disseminated by the City under this Agreement.The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 12. Governing Law;Jurisdiction; Venue Minnesota law governs the validity,interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. -5- Receivable Standard(Municipal Agreements) • MnDOT Contract No: 1002467 13. Termination;Suspension 13.1.By Mutual Agreement.This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature,or other funding source;or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project.Termination must be by written or fax notice to the City. 13.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement and all work,activities and performance of work authorized through this Agreement. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in performance),if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control,including but not limited to,unusually severe weather,fire,floods,other acts of God, labor disputes,acts of war or terrorism,or public health emergencies. [The remainder of this page has been intentionally left blank] -6- Receivable Standard(Municipal Agreements) MnDOT Contract No: 1002467 • CITY OF FARMINGTON DEPARTMENT OF TRANSPORTATION The undersigned certify that they have lawfully Recommended for Approval: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (District Engineer) By: Date: Title: �Y7c , Approved: • Date: 4� 2e,/ By. 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N N M O N W N N O O O N �O C- yr) A h h h v) v) ui h N N N N N N N N v) lry h v) v) )A C h N N N N N N N N RESOLUTION NO.R32-16 APPROVING COOPERATIVE AGREEMENT WITH MnDOT FOR THE CONSTRUCTION OF A TRAIL ON TRUNK HIGHWAY 3 Pursuant to due call and notice thereof, a regular meeting of the City Council and the city of Farmington, Minnesota, was held in the Council Chambers of said City on the 4th day of April, 2016 at 7:00 p.m. Members present: Larson, Bartholomay, Bonar, Donnelly,Pitcher Members absent: None Member Bartholomay introduced and Member Bonar seconded the following resolution: WHEREAS, it is considered desirable to complete the trail connection from 194th Street West to 190th Street West on the west side of Trunk Highway 3; and, WHEREAS, the City of Farmington and MnDOT will share project responsibilities and jointly participate in the project costs associated with engineering and construction of the project. NOW THEREFORE, BE IT RESOLVED that the city of Farmington enter into Agreement No. 1002467 with the State of Minnesota, Department of Transportation for the following purposes,to wit: To provide for payment by the city to the State of the City's share of the costs of the bike trail construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 3 from 194th Street West to 190th Street West within the corporate city limits under State Project No. 1921-98 (T.H. 3=001) BE IT FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement and any amendments to the Agreement. This resolution adopted by recorded vote of the Farmington City ouncil in open session on the 4th day of April, 2016. �. Mayor Attested to the S' day of April, 2016. ()a,i, P- Administr SEAL Page 1 of 1 Dakota County, MN 7 a ti 19011-1',1 '.0t t ' ,,,..:_,..i'j _ Existing Trail .r : ,-.."1_ -Li-- ''' ., .„,2,..r ,,,/, / \\.: ..,i.' 11 liV \------ g- T:..g `gip^ `-`,F'`' i '4r New Trail Segment—.--- ` .. .... `° k e*4 • '_a`. - i, • _„ i4 �� Ii 1141; -4414 L . r• ; -`11---,A•1', _• Qt..aarir �., _ ' • rvatH 'r, . •.,,.t.. , Ain 1 ,, .-- . .,,,, x .: . Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal Map Scale document and should not be substituted for a title search,appraisal,survey,or for zoning verification-Dakota County 1 inch=252 feet assumes no legal responsibility for the information contained in this data. 1/22/2015 http://gis.co.dakota.mn.us/Content/DCGISMaps/_ags_8dba2e00.jpg 1/22/2015 o�F � , City of Farmington iiii �, 430 Third Street ib Farmington,Minnesota 651.280.6800 -Fax 651.280.6899 .,,powe www.ci.farmington.mn.us TO: Mayor, Councilmembers and City Administrator FROM: David McKnight,City Administrator SUBJECT: Appoint Member to the City/School Intergovernmental Committee DATE: April4, 2016 INTRODUCTION Councilmember Bartholomay has submitted his resignation from the City/School Intergovernmental Committee. A new member will need to be appointed to this committee. DISCUSSION In 2014 the City of Farmington and ISD 192 created an Intergovernmental Committee. This committee is made up of two city councilmembers and two school board members. The committee meets on a regular basis to keep communication open between the two entities at the elected official level and discuss potential areas of cooperation. Councilmembers Bonar and Bartholomay were appointed to this committee at your organizational meeting in January 2016. Councilmember Bartholomay has need to be replaced on this committee. With that in mind, the city council should select a new member for this committee for the remainder of 2016. BUDGET IMPACT NA ACTION REQUESTED Appoint a new member to the City/School Intergovernmental Committee for the remainder of 2016.