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IP #880For the full report on City Council agenda packets and/or N 0 0 Planning Commission �?.genda packets. PROJECT NO. 880 Solar Powered driver feedback signs — Sonnesyn School Item 8.2 05/10/10 Motion authorizing solicitation of quotes Res 2010 -90 06/14/10 Res awarding contract to ACT Traffic Solutions, Inc. for two solar powered driver feedback signs for Safe Routes to School infrastructure improvements at Sonnesyn Elem School Res 2010 -114 07/26/10 Res approving agreement with Hennepin county for Safe Routes to School improvements at Sonneysn - $18,000 COUNCIL V REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Development & Community Development May 10, 2010 Planning Item No. By: Curtis Jacobsen, CD Director Eric Weiss, CD Assistant By: Kirk McDonald, City Manager 8.2 Motion authorizing staff to proceed with the solicitation of quotes for two solar powered driver feedback signs for the Safe Routes to School grant program at Sonnesyn Elementary School Requested Action Staff requests that the City Council approve a motion authorizing staff to proceed with solicitation of quotes for two solar powered driver feedback signs as part of the Safe Routes to School program at Sonnesyn Elementary. Hennepin County has funding available to purchase and install two driver feedback signs and has requested to contract with the city on the improvement project. Policy /Past Practice City departments regularly partner with other government agencies that aid in the initiation and /or continuation of projects that will benefit the city and its residents. Background In 2007, the city received a grant for $31,200 for safety improvements at Sunny Hollow Elementary School (now Spanish Immersion School), which included the installation of three solar powered driver feedback signs on Medicine Lake Road and Boone Avenue. So far those signs have been well received by the community and school. Staff from the school district, the city and the county have been meeting with parents and students of Sonnesyn Elementary since last fall regarding safety concerns in the area of the school. It was suggested that driver feedback signs similar to those at Spanish Immersion could help slow traffic along Boone Avenue. Since then, Hennepin County has secured funding for the installation and purchase of two signs. The county has requested to contract with the city on the project. The city would coordinate the purchase, installation and maintenance of the signs and the county would reimburse the city for the Eurchase and SECOND BY TO: I: RFA PLANNING Im provement Projects \Q-authorize bids for Safe Routes Sonnes n.doc Request for Action May 10, 2010 Page 2 of 2 installation of the signs. Maintenance of the signs is minimal. It should also be noted that Boone Avenue is a city street. Hennepin County has submitted a letter of support for the project and has suggested the funding available will cover all expenses incurred by the city. Hennepin County will complete the contract with the city once quotes are received and dollar amounts are finalized. The quote form will include all of the same specifications as were included in the previous sign installation at Boone Avenue and Medicine Lake Road. Attachments - Hennepin County letter of support - Solicitation cover letter - Quote Proposal Form 612 - 348 -5618 Phone 612 - 348 -7548 Fax www.hennepin.us Eric Weiss Community Development Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Eric, Hennepin County Public Health Promotion staff have enjoyed partnering with you and your colleagues at the City of New Hope on the Safe Routes to School initiative at Sonnesyn Elementary School. This is an excellent example of how various organizations can collaborate to improve and increase opportunities for active living. As you know, the Safe Routes to School walking workshop that was conducted last fall identified several pedestrian safety concerns near the school. One of these concerns is inadequate signage alerting drivers of the crosswalk near 34th Avenue North and Boone Avenue North. It was suggested that installing flashing speed signs on both sides of the crosswalk would increase safety for students arriving to and departing from school. Hennepin County has funding available to purchase the speed signs. We would like to contract with the City of New Hope to coordinate the purchase, installation, and maintenance of the signs. I understand your purchasing guidelines require you to solicit bids before selecting a vendor. Please contact me once you have made a decision regarding the vendor and I will initiate a contract for this work. Feel free to contact me at 612 -596 -7467 or < cathy.stahl(a co.hennepin.mn.us if you have questions. Once again, we appreciate the opportunity to work with you to improve the safety and physical activity of New Hope youth! Sincerely, Cathy St P.H. Community Health Program Supervisor a Quote Proposal Form City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 763 - 531 -5196 All Quote prices shall be compensation in full for services, materials, and labor, as indicated in the request for quotes cover letter. The Contractor acknowledges the receipt of related quote specifications and guarantees the submitted quote accurately reflects these expenses. Immediately upon acceptance of this quote, the Contractor must provide a current Certificate of Insurance and Worker's Compensation coverage at mandatory levels. It is understood that the City Council reserves the right to reject any or all quotes and to waive informalities, and to award the contract in the best interest of the City. It is agreed that all work shall be completed by August 31, 2010. This quote shall remain valid until July 31, 2010. Name of Company: Company Address: Phone: Name of authorized representative: Signature: Submit on or before: June 4th, 2010 Submit to: Eric Weiss /Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Phone: 763-531-5114 eweiss @ci.new - hope.mn.us City Completes Contractor Com letes Item: Purchase and Installation of Driver Feedback Signs at /around Total: Total: Sounes n Elementary School, 3421 Boone Avenue N Price /sin Price for 3 signs Driver'! Feedback Sign $ $ • 24" X 30" (2. digit) display • 18" numeral height • LED display, yellow (or similar) in color • Solar photocell /DC capability • Self regulating solar battery charger • Pole mountable (single pole) • Aluminum (rust resistant, lockable) 'enclosure wistainless steel hardware • ` Violator alert when driver is exceeding speed limit • - Pro able sie timer Installation of Driver Feedback. Sign including all necessary hardware $ $ • Contractor providing all services, materials and labor necessary for proper sign installation, • Materials are capable of withstanding adverse weather conditions including but not limited to snow, sleet, high winds, rain etc. • ! 12" sonnet tube concrete footing • Pole base /concrete must be installed at a depth below frost line (42 ") extending to grade. • Adequate pole size to mount solar power source, driver feedback sign and traditional speed limit si *The City is subject to state of Minnesota sales tax. This bid includes sales tax Oyes; or ❑no * The Hennepin County Sales and Use Tax of 0.15% effective January 1, 2007 does not apply to municipalities. Please send invoices to the City of New Hope taxed at 6.5 %. Invoices received with the additional 0.15% sales and use tax will be adjusted and paid out at 6.5 %. May 11, 2010 Subject: Solar Powered Driver Feedback Signs The city of New Hope is currently requesting price quotes for two driver feedback signs with solar capabilities. As part of a project to make safer pedestrian routes to and from Sonnesyn Elementary School, the city is soliciting quotes for both the purchase and installation of the two drive feedback signs. We ask that price quotes provided by the vendor remain available until July 31st of 2010 as the installation of the signs may not occur until late summer of 2010. The sign must have: • 24"X30" (2 digit) display • 18" Numeral height • LED display, yellow (or similar) in color • Solar photocell /DC capability • Self regulating solar battery charger • Pole mountable (single pole) • Aluminum (rust resistant, lockable) enclosure w /stainless steel hardware • Violator alert -When driver is exceeding speed limit • Programmable sign timer Pole /sign Installation must consist of: • Contractor providing all services, materials and labor necessary for proper sign installation. • Materials are capable of withstanding adverse weather conditions including but not limited to snow, sleet, high winds, rain etc. • 12" sonnet tube concrete footing • Pole base /concrete must be installed at a depth below frost line (42 ") extending to grade. • Adequate pole size to mount solar power source, driver feedback sign and traditional speed limit sign. Please provide any warranty information for your product as well as warranty on all work performed. Additionally, please provide any pertinent insurance and liability information. All work is to be completed by August 31, 2010, before the start of the school year. If interested, please submit a price quote for the services described on the attached quote form, to be received no later than June 4th, 2010. Quotes may be submitted by mail or email to: Eric Weiss City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 eweiss @ci.new - hope.mn.us Thank you for your interest in this matter. If you have any questions related to the preparation of your quote, please contact me at 763- 531 -5196. Sincerely, Eric Weiss Community Development Assistant City of New Hope COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Development & Community Development June 14, 2010 Plannin Item No. By: Eric Weiss, CD Assistant Curtis Jacobsen, CD Director By: Kirk McDonald, City Manager 8.1 Resolution awarding contract to ACT Traffic Solutions, Inc. for construction of two (2) solar - powered driver feedback signs for Safe Routes to School infrastructure improvements at Sonnesyn Elementary School Requested Action Staff requests approval of a resolution awarding the contract for the Safe Routes to School infrastructure improvements to ACT Traffic Solutions, Inc., in the amount of $14,770. This project is being funded in full by Hennepin County. Policy /Past Practice City departments regularly work with other government agencies on projects that aid in the initiation and /or continuation of projects that will benefit the city and its residents. Background The Safe Routes to School program is intended to help cities improve walking/bicycle access to local K -8 schools. Staffs from the school district, the city and the county have been meeting with parents and students of Sonnesyn Elementary since last fall regarding safety concerns in the area of the school. It was suggested that driver feedback signs similar to those at Spanish Immersion (former Sunny Hollow) could help slow traffic along Boone Avenue. Since then, Hennepin County has secured funding for the installation and purchase of two signs. The county plans to contract with the city on the project. The city will coordinate the purchase, installation and maintenance of the signs and the county will reimburse the city for the purchase and installation of the signs. Maintenance of the signs is minimal and will be the city's responsibility. It should also be noted that Boone Avenue is a city street. Motion by Second by To: a S c I: \RFA \COMM DEV\Community Initiatives \R -Safe Routes Sonnesyn award contract 6.14.10.doc June 14, 2010 Page 2 of 2 Hennepin County has submitted a letter of support for the project and has suggested the available funding will cover all expenses incurred by the city (less maintenance). Hennepin County will complete the contract with the city once the Council selects a contractor for the project. The City Council authorized staff to proceed with plans and specifications and advertising for bids at its May 10, 2010, meeting. Two quotes were received by the June 4 deadline: ACT Traffic Solutions, Inc. $14,770 TAPCO $14,808 The low quote was submitted by ACT Traffic Solutions of Shorewood, MN. ACT Traffic Solutions is the company that received the contract for the Safe Routes to School improvements at Spanish Immersion School and staff has been satisfied with their work. The signs would be installed sometime this summer before the beginning of the new school year in the fall. Recommendation Staff recommends the City Council select ACT Traffic Solutions as the contractor for the purchase and installation of two solar - powered driver feedback signs at Sonnesyn Elementary School in the amount of $14,770.00. Attachments Resolution awarding the contract Quotes City of New Hope Resolution No. 10 -90 Resolution awarding contract for construction of two (2) solar - powered driver feedback signs for the Safe Routes to School infrastructure improvements at Sonnesyn Elementary School. WHEREAS, driver feedback signs have been shown to be effective in improving the safety of school zones; and, WHEREAS, the faculty, parents and students at Sonnesyn Elementary support the construction of two solar - powered driver feedback signs to improve the safety of students walking and bicycling to and from school; and, WHEREAS, the bid in the amount of $14,770.00 from ACT Traffic Solutions, Inc. for the purchase and installation of signs is the lowest responsible quote submitted; and, WHEREAS, city staff has recommended that Council award the contract to ACT Traffic Solutions, Inc. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That a contract in the amount of $14,770.00 for the purchase and installation of two solar - powered driver feedback signs is awarded to ACT Traffic Solutions, Inc., and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 14th day of June, 2010. Mayor Attest: ' LC. City Clerk �Or Quote Proposal Form City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 768 - 531 -5196 All Quote prices shall be compensation in full for services, materials, and labor, as indicated in the request for quotes cover letter. The Contractor acknowledges the receipt of related quote specifications and guarantees the submitted quote accurately reflects these expenses. immediately upon acceptance of this quote, the Contractor must provide a current Certificate of Insurance and Worker's Compensation coverage at mandatory levels. It is understood that the City Council reserves the right to reject any or all quotes and to waive informalities, and to award the contract in the best interest of the City. It is agreed that all work shall be completed by August 31, 2010. This quote shall remain valid until July 31, 2010. Name of Company: Company Address: Phone: Name of authorized representative: Signature: Submit on or before: June 4th, 2010 A C T 7"ra c. .: Ye- Submit to: Eric Weiss/Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Phone: 763 -531 -5114 eweiss@ci.new-hope.mn.us City Completes C ontractor Com fetes Item: Purchase and Installation of Driver Feedback Signs attaround Total: Total: Soune!n Elementa SthooL 3421 Boone Avenue N Pricetsi n Price for X si gns Driver Feedback Sign $ � • 24" X 301, (2 digit) display �, � �. �. 00 � 50, 0 18'" numeral hei • LED display, yellow (or similar) in color a Solar photocell/DC capability • Self regulating solar battery charger • Pole mountable (single pole) ® Aluminum (rust resistant, lockable) enclosure wlstainless steel hardware ® Violator alert when driver is exceeding speed limit • Pro ammable si g timer Installation of Driver Feedback Sign including all necessary hardware $ $ Contractor; providing all services, materials and labor necessary for proper sign installation, 1 5610. oo 3, � cCV A 00 • ,Materials are capable of withstanding adverse weather conditions including but not limited to snow, sleet, high winds, rain etc, • 12" sonnet tube concrete footing Pole base/concrete must be installed at a depth below frost line (42 ") extending to grade. ' • Adequate pole size to mount solar power source, driver feedback sign and traditional s limit si $ *The City is subject to state of Minnesota sales tax. This bid includes sales tax yes; or L * The Hennepin County Sales and Use Tax of 0.15% effective January 1, 2007 does not apply to municipalities. Please send invoices to the City of New Hope taxed at 6.5 %. Invoices received with the additional 0.15% sales and use tax will be adjusted and paid out at 6.5 %. or a► io is /� omva 2,1- // For 12 years, the quality leader in Radar speed display systems The Voluntary Speed Compliance display is typically used in Neighborhoods and School Zones. Watching one in action, you'll see brake lights come on as motorists immediately slow to the speed limit. By displaying their speed on large 18" numerals, the VSC -1820F makes the inattentive driver aware of their speed, inducing them to slow down and focus on driving. With more overt speeders, the implicit threat of being `caught' hits home. The bottom line is that Voluntary Compliance displays have proven extremely effective at slowing traffic. With the Violation Alert option, even the most inattentive motorists can't help but notice the display as it flashes their speed to further attract attention. Available with either Solar Power or AC power. 100% electronic LED display has no moving parts to wear out, stick, or break, and carries an 8 year warranty. ® To gain the attention of motorists, or as a warning to pedestrians, the Voluntary Speed Compliance display can activate additional warning lights, sirens, etc., when a rapidly approaching vehicle is detected. Violation Alert feature flashes the display when a pre -set speed is exceeded. Conveys increased urgency by flashing more and more rapidly as speed increases beyond the set threshold. l4quM Fluorescent Yellow -Green (MUTCD Pedestrian, Bicycle, School) or Standard Yellow sign colors. Violation Alert - Display flashes when a pre -set speed is exceeded. To convey increased urgency, the display flashes more rapidly as speed increases. Controlled viewing area prevents distracted driving - Our exclusive SafetyMaskTM technology allows display viewing on /y when within a driver's normal field of view. Prevents viewing from acute angles to avoid distracting a drivers attention to the side of the road at a time when it is critical that their attention is on the road ahead. Ultraclear TM contrast enhancement technology provides the ultimate in display visibility. 100% solid -state - no moving parts to wear, stick or break. AC and Solar power options Unbreakable 1/4" Polycarbonate window Full 2 year warranty - 8 year warranty on LEDs INFORMATION OILAY COMPANY Box 19640 - Portland, Oregon 97280 - USA (800) 421 -8325 / (503) 678 -2861 fax: (503) 678 -2863 sales @informationdisplay.com ACT Traffic Solutions Inc. will warranty the installation of 2 fixed mount speed display signs for a period of 1 year from the date of installation. This warranty does not cover vandalism, accidental damage, damage caused by weather related items, or damage not directly related to the normal installation and operation of the system. Batteries are not covered under this warranty and will maintain the original manufacturer's warranty. A 3Traffic Solutions Inc. 23585 Yellowstone Trail Shorewood, MN 55331 952 - 288 -4830 phone 952- 960.8002 fax www.acttrafficsolutions.com Brett Lievers 952- 288 -4830 Josh Friesz 952 - 288.4828 Ub /UJ/ LU Ua; -* lI 11r Ln .lJ:.1141:1 rnn e- All Quote prices shall be compensation in full for services, materials, and labor, as indicated in the request for quotes cover letter. The Contractor acknowledges the receipt of related quote specifications and guarantees the submitted quote accurately reflects these expenses. Immediately upon acceptance of this quote, the Contractor must provide a current Certificate of Insurance and Worker's Compensation coverage at mandatory levels. It is understood that the City Council reserves the right to reject any or all quotes and to waive informalities, and to award the contract in the best interest of the City. It is agreed that all work shall be completed by August 31, 2010. This quote shall remain valid until July 31, 2010. Name of Company: TAPCO Company Address: 5100 W. Brown Deer Road, Brown Deer, WI 53223 Phone: (877) 804 -4471 Name of aupz�;� n Nystedt Signature: Submit on or before: June 4 th, 2010 Submit to: Eric Weiss /Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Phone: 763 - 531 -5114 ewcjss@ci,new-hope.n City Completes Contractor Corn letes Item: Purchase and Installation of Driver Feedback Signs at /around Total: Total: Sonnes n Elementary Sch ool 3421 Boone Avenue N Price /sin Price for 2 signs Driver Feedback Sign $5,734.00 $11,468.00 • 24" X 30" (2 digit) display SP- 3158 -375 (RU2FAST 375) • 18" numeral height • LED display, yellow (or similar) in color • Solar photocell /DC capability • Self regulating solar battery charger • PoIe mountable (single pole) • Aluminum (rust resistant, lockable) enclosure w/stainless steel hardware • Violator alert when driver is exceeding speed limit • Programmable sin timer installation of Driver Feedback Sign including all necessary hardware $1,670.00 $3,340.00 • Contractor providing all services, materials and labor necessary for proper sign installation. (INSTALLED BY SAFETY SIGNS) • Materials are capable of withstanding adverse weather conditions including but not limited to snow, sleet, high winds, rain etc. • 12" sonnet tube concrete footing • Pole base /concrete must be installed at a depth below frost line (42 ") extending to grade. • Adequate pole size to mount solar power source, driver feedback sign and traditional speed limit sign. 15' 4 Yz P ®LE *The City is subject to state of Minnesota sales tax. This bid includes sales tax "yes; or Moo * The Hennepin County Sales and Use Tax of 0.15% effective January 1, 2007 does not apply to municipalities. Please send invoi es o the City of New Hope taxed at 6.5 %. Invoices received with the additional 0.15% sales and use tax will be adjusted and paid out at 6.5 %. 44840 E. Jasmine St., #102, Mesa, AZ 85205 [P] 480 - 982 -2107 [F] 4809 - 982 -5237 Toll Free 877 - 982 -2107 i i- .;�. The RU2 Fast 375 is a permanent or semi - permanent mounted radar speed sign featuring 18" full matrix amber LED characters. This unit is ideal for primary streets where speeding is a problem. All signs include our exclusive 2 piece variable angle pole- mounting bracket. • Units feature sealed case with easy access to critical components through rear access panel, .100" thick welded aluminum NEMA 4X construction • Casework: 40" wide, 4" thick, 28.5" high • Finished size (includes MUTCD compliant R2 -1 style "YOUR SPEED" aluminum overlay sign, white retro - reflective material, black series "E" characters): 41" wide, 4" thick, 54.5" high • Units have White polyester powder coat paint inside and out • Units have all stainless steel hardware (mounting brackets aluminum) • Universal 2 piece mounting brackets are included; U -bolt, band or wall mount • Units have 3/16" GE Lexan shielding with a smoked, non -glare finish • Units have Single directional, K -band radar unit • Units have user programmable radar sensitivity, 5 levels • Units have user selectable MPH /KPH setting • Units radar device has X -Y axial position adjustability independent of sign housing • Units have 18" Full matrix characters made of Amber AIInGaP high intensity LED's • Units operating parameters set by case mounted push button or included remote RF fob, 100' range, on display • Set up must not rely upon lap top or handheld in field • Unit(s) display must not be of seven - segment variety • Each pixel is comprised of four LEDs • Units Display speeds from 1 to 99 MPH /KPH • Units have Automatic intensity adjustment to ambient light conditions • Units must have a "Dark Mode" of operation for data collection when data optioned • Units must accept 110v power input (100 to 277 VAC, 10, 50 -60 Hz.) • Power Consumption: not to exceed 6W nominal power consumption, 15W peak • Units be capable of reliable solar power operation (Option — see below) • Units have on- screen voltage check • Units have Keyed On /Off switch • Display equipped with High Speed Blanking settable in 1 MPH increments standard • Display equipped with amber LED Flashing Speed Violator alert settable in 1 MPH increments standard • Display equipped with Minimum Speed Display settable in 1 MPH increments standard • Violator Alerts can be set in any order of hierarchy • Units operating parameters stored to non - volatile memory and defaults to last settings on power up • Single cycle 24 hour ON /OFF clock included • Embedded Life -Time run clock • Built in LED Operation diagnostics • Built in LED Intensity operational diagnostics • Built in battery diagnostics where applicable • Low voltage battery protection mode where applicable • Display must be warranted against defects in materials and workmanship for at least 5 years • Radar device must be warranted against defects in materials and workmanship for at least 2 years OPTIONALLY • Display is equipped with embedded red LED "SLOW DOWN" Violator alert settable in 1 MPH increments And /or • Display is equipped with embedded "Red /Blue" Flashing Bars Violator alert settable in 1 MPH increments And /or • Display is equipped with embedded "White Photo Flash" Violator alert settable in 1 MPH increments And /or • Display is equipped with dry contact, either NO or NC, settable in 1 MPH increments And /or • Display is equipped with data collection capabilities, capturing each free flow vehicle and time /date stamping each event with speed And /or • Solar power option includes 85 -watt panel (typical), group 27 AGM battery (one), cabling and mounting hardware. Solar panel may be upsized at supplier's discretion to ensure proper function under installed environmental variables at no additional charge. Radar Speed Display Signs Manufacturing & Sales The RU2 Systems has your pole mount traffic calming needs covered with our Fast - 275/375 pole mount radar speed display sign series. Faithfully modeled on the iconic R2 -1 Speed Limit sign, these high intensity LED displays getthe attention of oncoming drivers. The signs can be directly hard -wired to your electric service or optionally powered by a solar panel power system. Each of these designs feature a full matrix high intensity LED display with either 12" or 18" characters. The 12" character is appropriate for slower speeds (sub 35 MPH) and is readable to 750 feet, the 18" above that or in visually "competitive" areas, In addition to the standard flashing digit Violator Alert, several additional Violator Alerts are available including an embedded "SLOW" /"SLOW DOWN" message and our flashing Red /Blue bars, particularly effective at night. 4840 E. Jasmine St., Suite 102 Mesa, AZ 85205 [P] 480 -982 -2107 [F] 480 - 982 -5237 Toll Free 877- 982 -2107 e -mail; info @ru2systems.com www.ru2systenis.com '••• 1164 •- -• 1 DI 001 • •' •- • • Casework: 1/8" aluminum construction, powder coat finish inside and out rear access panel to critical components All stainless steel hardware Large "YOUR SPEED" sign included (MUTCD compliant R2 -1 profile) GE Lexan' shielding with a smoked, non -glare finish for easy readability even in direct sunlight Universal 2 piece mounting brackets included; U -bolt, band or wall mount • • • • • • • • • • • « • • • * Violator alerts & blanking may be set in 1 MPH increments In any order of hierarchy or Individually disabled, Fast-375 e 26" WARRANTY; RU2 Systems warrants their LED Displays for Five Years. The Radar Gun is warranted for Two years. On -site labor is not Included. However, parts are repaired within five business days of receipt, and include ground - shipping expenses. Warranty does not Include physical damage from misuse or vandalism. 32.5" 20.5" 4 " 41" i 54.5" i 28.5" i i i 4 " RU2 Systems, Inc. [P] 480 - 982 -2107 [F] 480- 982 -5237 4840 E, ,Jasmine St., Suite 102 Toll Free 877- 982 -2107 Mesa, AZ 85205 www.ru2systems.com COUNCIL VIR2 Request for Action Originating Department Approved for Agenda Agenda Section Development & Community Development July 26, 2010 Plan Item No. By: Eric Weiss, CD Assistant By: Kirk McDonald, City Manager 8.3 Curtis Jacobsen, CD Director Resolution approving an agreement with Hennepin County for the Safe Routes to School improvements at Sonnesyn Elementary School in the amount of $18,000. o Requested Action Staff requests the Council approve a resolution approving the agreement with Hennepin County for safety improvements at Sonnesyn Elementary. Policy /Past Practice City departments regularly work with other government agencies on projects that aid in the initiation and /or continuation of projects that will benefit the city and its residents. Background The Safe Routes to School program is intended to help cities improve walking/bicycle access to local K -8 schools. Staff from the school district, the city and the county have been meeting with parents and students of Sonnesyn Elementary since last fall regarding safety concerns in the area of the school. It was suggested that driver feedback signs similar to those at Spanish Immersion (former Sunny Hollow) could help slow traffic along Boone Avenue. Since then, Hennepin County has secured funding for the installation and purchase of two signs. The county is contracting with the city on this project. The city will coordinate the purchase, installation and maintenance of the signs and the county will reimburse the city for the purchase and installation of the signs. Maintenance of the signs is minimal and will be the city's responsibility. It should also be noted that Boone Avenue is a city street. Motion by Second by C To: Azi I: \RFA \COMM DEV\Community Initiatives \R -Safe Routes Sonnesyn approve contract with counL7-26-1 July 26, 2010 Page 2 of 2 In June, the Council awarded the contract for the two driver feedback signs to ACT Traffic Solutions in the amount of $15,730 (after taxes). Since then, the County has written and submitted an agreement to the city for the project in the amount of $18,000. Once the agreement has been approved by the city and sent to the county the project can commence. It is a goal to have the signs installed before the beginning of the new school year. Recommendation Staff recommends the City Council approve the resolution approving the agreement with Hennepin County for the Safe Routes to School improvements at Sonnesyn Elementary School in the amount of $18,000. Attachment Hennepin County Contract No. A101192 City of New Hope Resolution No. 10 -114 Resolution approving an agreement with Hennepin County for the Safe Routes to School improvements at Sonnesyn Elementary School in the amount of $18,000. WHEREAS, the faculty, parents and students at Sonnesyn Elementary support the construction of two solar - powered driver feedback signs to improve the safety of students walking and bicycling to and from school; and, WHEREAS, the bid in the amount of $15,730.05 from ACT Traffic Solutions, Inc. for the purchase and installation of signs was accepted by the city on June 14, 2010; and, WHEREAS, Hennepin County Human Services and Public Health Department has agreed to cover the purchase and installation expenses up to $18,000.00; and, WHEREAS, the city has agreed to solicit bids for the purchase of two solar powered flashing speed signs, coordinate the purchase of the signs, oversee installation of the signs near the school and cover costs associated with maintenance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That an agreement between Hennepin County and the city of New Hope in the amount not to exceed $18,000.00 for the purchase and installation of two solar - powered driver feedback signs is approved, and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 26th day of July, 2010. Mayor Attest: Z A t . U,. Z-) City Clerk July 15, 2010 Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Dear Mr. McDonald: Enclosed please find three (3) original contracts, A101192, with the Hennepin County Human Services and Public Health Department, Public Health and Clinical Services Service Area. Please review, sign, and return all three (3) to my attention at the address listed above. I will secure the necessary County signatures. When fully executed, I will return an original contract to you. In addition to the signed contracts, I will also need I additional item in order to complete your contract: Substitute Form W-9. Please complete both sides of the W -9 form, sign it, and return with the contracts (enclosed). If you have any questions, please feel free to contact me at 612 - 596 -6661. Sincerely, Steph J. Skogerboe Contract Coordinator Enclosures HC 573 (5/2008) (Back) - • The information requested below is used internally by Hennepin County to monitor and report on participation in county contracting. ♦ Please be sure to choose the one column (below) -- and check the one box in that column -- that best describes the contractor's business ownership code. ♦ If the contractor listed on the reverse side of this form is an individual, check the appropriate box for the individual's AA code. If the contractor is a business, check the appropriate box for the AA code of the owner of that business. If the business is owned by more than one individual, base the AA code on the ma'orit owner's classification. If you have questions, please call. (612) 348 -3181. I. BUSINESS STRUCTURE 11. ETHNICITY & GENDER III. CERTIFIED SMALL BUSINESS If you check one of the options Base your response below on the Hennepin County, in collaboration with below, Columns 11 and 111 are not (majority) owner's gender & ethnicity. other jurisdictions, certifies eligible small applicable, so you may stop here. (See details below.)' businesses. (See details below.) If none of the options below If you are a Certified Small applies to your business, please Business, please skip this column go to Column /I. and complete Column Ill. ❑ Publicly -Held Company (M11)* Black/African American Black/African American ❑ Male (M23) ❑ Female (M33) ❑ Male (S23) ❑ Female (S33) ❑ Non - Profit Entity (M13) Hispanic Hispanic ❑ Male (M24) ❑ Female (M34) ❑ Male (S24) ❑ Female (S34) [ Government Entity (GOV) Asian or Pacific Islander Asian or Pacific Islander ❑ Male (M25) ❑ Female (M35) ❑ Male (S25) ❑ Female (S35) American Indian or Alaskan Native American Indian or Alaskan Native ❑ Male (M26) ❑ Female (M36) ❑ Male (S26) ❑ Female (S36) White /Caucasian White /Caucasian *Stock is traded on the open market. ❑ Male (M22) ❑ Female (M17) ❑ Male (S22) ❑ Female (S17) ' Black/African American: All persons having origins in any of the Black racial groups of Africa. Hispanic: All persons of Mexican, Puerto Rican, Cuban, Central or South American descent or other Spanish culture or origin, regardless of race. Asian or Pacific Islander: All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Sub - continent or the Pacific Islands, including, for example, China, Japan, Korea, Hawaii, Guam, the Philippine Islands and Samoa. American Indian or Alaskan Native: All persons having origins in any of the original peoples of North America, and who maintain tribal affiliation or community attachment. White /Caucasian: All persons with origins in any of the original peoples of Europe, North Africa or the Middle East. 2 While certification is not necessary to do business with Hennepin County only certified businesses can be counted toward the goal for Small Business Enterprise (SBE) participation in county contracting. Certification also boosts market exposure and qualifies businesses to access SBE Program Services. For further information about certification, please call 651 - 266 -8900 or visit the Central Certification Program's web site at: www.govcontracts.org HC 573 (5/2008) Hennepin • Accounting A-1301 Government 300 South 6th Street •; Minnea 1 IMPORTANT TAX INFORMATION - PLEASE READ THIS NOTICE CAREFULLY This form was developed to comply with Internal Revenue Service (IRS) regulations and Minnesota statute and to assist Hennepin County in paying providers and vendors for -their goods and services. You, as a payee, are required by law to provide us, as payer, your correct Taxpayer identification Number (TIN). This information will only be shared with the IRS. The Minnesota Government Data Practices Act classifies the Social Security Number as private. Unless otherwise provided by law, the home address is also private. Direct questions to 612- 348 -3095. Failure to respond to this request can result in IRS- mandated withholding on future payments as well as other penalties. Hennepin County Name Contract Number Contract No. A101192 Taxpayer Identification Number Printed: May or (TIN): Enter your social security SSN / EIN: 41- 6008870 number (SSN) if an individual or federal employer identification number (EIN) if Phone: ( 763) 531 -510 Date: 7/26/10 a business. Name: City of New Hope Provider Name and Business Name, if different from above: Remittance Address: NOTE: Name must match your social Address: security card if you are an individual or : sole proprietor. All other businesses 4401 %ylon Avenue North must use the name that was used when your employer identification number was applied for. City, State & ZIP' New Hope, Minnesota 55428 Certification: Under penalties of perjury, I certify that: 1) The number shown on this form is my correct taxpayer identification number, and the name shown is the correct corresponding name. 2) 1 am subject to 1099 reporting unless one of the following is checked: [Government Entity. ❑ Tax Exempt Organization. ❑ Corporation that does not provide medical services or billing /collection for medical services. ❑ Other (please specify): 3) 1 am a U.S. person (including a U.S. resident alien). 4) 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. Certification Instructions: You must cross out item 4 above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting of interest or dividends on your tax return. Please complete the Affirmative Action section on the reverse side Name Title Please Sign Printed: Kathi Hemken Printed: May or Here Signatur . Phone: ( 763) 531 -510 Date: 7/26/10 Please complete the Affirmative Action section on the reverse side July 29, 2010 Mr. Stephan Skogerboe Hennepin County, Contract Administration Govt Center, A-1006 300 S. Sixth Street, MC A106 Minneapolis, MN 55487 Subject: Safe Routes to School project — Contract No. A101192 Dear Mr. Skogerboe: Enclosed are three contracts executed by New Hope officials. Also enclosed is a completed W9 form. After obtaining county signatures, please return a fully executed contract to my attention. Thank you. Si�erel Y' Valerie Leone, CMC City Clerk Enc. cc: Eric Weiss, Community Development Assistant 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 + www. ci.new-hope.mn.us City Hall: 763-531-5100 + Police (non-emergency): 763-531-5170 + Public Works: 763-592-6777 + TDD: 763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 'F1 Hennepin County Human Services and Public Health Department Contract Management 612 - 348 -4071 Government Center A -1006 612 - 348 -4592 Fax 300S. 6 th Street, MC A106 612 - 596 -6661 (direct) Minneapolis, MN 55487 www.hennepin.us October 4, 2010 Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Dear Mr, McDonald: Enclosed, please find a fully executed Agreement, A101192. If you have any questions, please feel free to contact me at 612 -596 -6661. For any billing /invoicing questions, please contact the Program Contract Manager, Catherine Stahl, at 612 - 596 -7467. Please direct billing/invoicing to Ms. Stahl. Thank you for contracting with the Hennepin County Human Services and Public Health Department, Public Health and Clinical Services Service Area. Sincerely, Stephan J. Skogerboe Contract Coordinator Enclosure A Contract No: A 10 1192 PERSONAL/PROFESSIONAL SERVICE AGREEMENT This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, (the " COUNTY ") A -2300 Government Center, Minneapolis, Minnesota 55487, on behalf of the Hennepin County Human Services and Public Health Department, A -2300 Government Center, 300 South Sixth Street, Minneapolis, Minnesota 55487, ( " DEPARTMENT ") and the City of New Hope, 4401 Xylon Avenue North, New Hope, Minnesota 55428 ( " CONTRACTOR "). The parties agree as follows: TERM AND COST OF THE AGREEMENT CONTRACTOR agrees to furnish services to the COUNTY commencing August 1, 2010 and terminating October 31, 2010, unless terminated earlier in accordance with the Default and Cancellation provisions of this Agreement. The total cost of this Agreement shall not exceed Eighteen Thousand Dollars ($18,000.00). 2. SERVICES TO BE PROVIDED CONTRACTOR shall purchase two solar powered flashing speed signs near the Sonnesyn Elementary School in New Hope. • Solicit bids for the purchase of the two solar powered flashing speed signs. • Coordinate the purchase of the signs. • Oversee the installation of the signs near the elementary school. PAYMENT FOR SERVICES Payment for services shall be made directly to CONTRACTOR after completion of the services upon the presentation of a claim as provided by law governing the COUNTY's payment of claims and /or invoices. CONTRACTOR shall submit quarterly invoices for services rendered on forms which may be furnished by the COUNTY. Payment shall be made within Thirty -Five (35) days from receipt of the invoice. 4. PROFESSIONAL CREDENTIALS � i 1 5. INDEPENDENT CONTRACTOR CONTRACTOR shall select the means, method, and manner of performing the services. Nothing is intended or should be construed as creating or establishing the relationship of co- partners between the parties or as constituting CONTRACTOR as the agent, representative, or employee of the COUNTY for any purpose. CONTRACTOR is and shall remain an independent contractor for all services performed under this Agreement. CONTRACTOR shall secure at its own expense all personnel required in performing services under this Agreement. Any personnel of CONTRACTOR or other persons while engaged in the performance of any work or services required by CONTRACTOR will have no contractual relationship with the COUNTY and will not be considered employees of the COUNTY. The COUNTY shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against CONTRACTOR, its officers, agents, contractors, or employees. CONTRACTOR shall defend, indemnify, and hold harmless the COUNTY, its officials, officers, agents, volunteers, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re- employment Compensation, disability, severance pay, and retirement benefits. 6. NON - DISCRIMINATION A. In accordance with the COUNTY's policies against discrimination, CONTRACTOR agrees that it shall not exclude any person from full employment rights nor prohibit participation in or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable Federal or State laws against discrimination shall be subjected to discrimination. D. CONTRACTOR agrees to adhere to the COUNTY's AIDS Policy which provides that no employee, applicant, or client shall be subjected to testing, removed from normal and customary status, or deprived of any rights, privileges, or freedoms because of his or her AIDS status except for clearly stated specific and compelling medical and /or public health reasons. CONTRACTOR shall establish the necessary policies concerning AIDS to assure that COUNTY clients in contracted programs and CONTRACTOR's employees in COUNTY contracted programs are afforded the same treatment with regard to AIDS as persons directly employed or served by the COUNTY. NJ 7. INDEMNIFICATION AND INSURANCE A. Each party shall be liable for its own acts and the results thereof to the extent provided by law, and agrees to defend, indemnify, and hold harmless each other (including their officials, employees, volunteers, and agents), from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and /or anyone for whose acts and /or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Except for State agencies, each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The liability of State agencies shall be governed by the provisions of Minnesota Statutes, Section 3.736 and other applicable law. B. Each party warrants that it has a purchased insurance or self - insurance program. C. Duty to Notify. CONTRACTOR shall promptly notify the COUNTY of any claim, action, cause of action or litigation brought against CONTRACTOR, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement and shall also notify the COUNTY whenever CONTRACTOR has a reasonable basis for believing that CONTRACTOR and /or its employees, officers, agents or subcontractors, and /or the COUNTY, might become the subject of a claim, action, cause of action or litigation arising out of the services contained in this Agreement. Failure to provide the notices required by this section is a material violation of the terms and conditions of the Agreement. DATA PRACTICES CONTRACTOR, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 ( MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. If CONTRACTOR creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement, then CONTRACTOR must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. CONTRACTOR agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from CONTRACTOR's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. CONTRACTOR agrees to promptly notify the COUNTY if it becomes aware of any 3 potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 9. RECORDS — AVAILABILITY /ACCESS Subject to the requirements of Minnesota Statutes Section 16C.05, Subd, 5, CONTRACTOR agrees that the COUNTY, the State Auditor, the Legislative Auditor or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CONTRACTOR and involve transactions relating to this Agreement. CONTRACTOR shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its termination or cancellation. 10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS A. CONTRACTOR binds itself, its partners, successors, assigns and legal representatives to the COUNTY for all covenants, agreements and obligations contained in the contract documents. B. CONTRACTOR shall not assign, transfer or pledge this Agreement and /or the services to be performed, whether in whole or in part, nor assign any monies due or to become due to it without the prior written consent of the COUNTY. A consent to assign shall be subject to such conditions and provisions as the COUNTY may deem necessary, accomplished by execution of a form prepared by the COUNTY and signed by CONTRACTOR, the assignee and the COUNTY. Permission to assign, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. C. CONTRACTOR shall not subcontract this Agreement and /or the services to be performed, whether in whole or in part, without the prior written consent of the COUNTY. Permission to subcontract, however, shall under no circumstances relieve CONTRACTOR of its liabilities and obligations under the Agreement. Further, CONTRACTOR shall be fully responsible for the acts, omissions, and failure of its subcontractors in the performance of the specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CONTRACTOR and each subcontractor shall require that the subcontractor's services be performed in accordance with the terms and conditions specified. CONTRACTOR shall make contracts between CONTRACTOR and subcontractors available upon request. 11 11 12, MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. DEFAULT AND CANCELLATION A. If CONTRACTOR fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, it shall be in default. Unless CONTRACTOR's default is excused by the COUNTY, the COUNTY may upon written notice immediately cancel this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for the COUNTY to delay payment until CONTRACTOR's compliance. In the event of a decision to withhold payment, the COUNTY shall furnish prior written notice to CONTRACTOR. B. Upon cancellation or termination of this Agreement: 1. At the discretion of the COUNTY and as specified in writing by the Contract Administrator, CONTRACTOR shall deliver to the Contract Administrator copies of all writings so specified by the COUNTY and prepared by CONTRACTOR in accordance with this Agreement. The term "writings" is defined as: Handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and every other means of recording, including electronic media, any form of communication or representation, including letters, works, pictures, drawings, sounds, or symbols, or combinations thereof. 2. The COUNTY shall have full ownership and control of all such writings. CONTRACTOR shall have the right to retain copies of the writings. However, it is agreed that CONTRACTOR without the prior written consent of the COUNTY shall not use these writings for any purpose or in any manner whatsoever; shall not assign, license, loan, sell, copyright, patent and /or transfer any or all of such writings; and shall not do anything which in the opinion of the COUNTY would affect the COUNTY's ownership and /or control of such writings. C. Notwithstanding any provision of this Agreement to the contrary, CONTRACTOR shall remain liable to the COUNTY for damages sustained by the COUNTY by virtue of any breach of this Agreement by CONTRACTOR. Upon notice to CONTRACTOR of the claimed breach and the amount of the claimed damage, the COUNTY may withhold any payments to CONTRACTOR for the purpose of set -off until such time as the exact amount of damages due the COUNTY from CONTRACTOR is determined. Following notice from the COUNTY of the claimed breach and damage, CONTRACTOR and the COUNTY shall attempt to resolve the dispute in good faith. D. The above remedies shall be in addition to any other right or remedy available to the COUNTY under this Agreement, law, statute, rule, and /or equity. E. The COUNTY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. F. This Agreement may be canceled with or without cause by either party upon thirty (30) day written notice. G. Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement include but are not limited to: SERVICES TO BE PROVIDED (as to ownership of property); INDEPENDENT CONTRACTOR; INDEMNIFICATION AND INSURANCE; DATA PRACTICES; RECORDS - AVAILABILITY /ACCESS; DEFAULT AND CANCELLATION; PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 13. CONTRACT ADMINISTRATION In order to coordinate the services of CONTRACTOR with the activities of the DEPARTMENT so as to accomplish the purposes of this Agreement, Catherine Stahl, or successor (Contract Administrator), shall manage this Agreement on behalf of the COUNTY and serve as liaison between the COUNTY and CONTRACTOR. 14. COMPLIANCE AND NON - DEBARMENT CERTIFICATION A. CONTRACTOR shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted. on B. If the source or partial source of funds for payment of services under this Agreement is federal, state or other grant monies, CONTRACTOR shall comply with all applicable conditions of the specific referenced or attached grant. C. CONTRACTOR certifies that it is not prohibited from doing business with either the federal government or the State of Minnesota as a result of debarment or suspension proceedings. 15. SUBCONTRACTOR PAYMENT CONTRACTOR shall pay any subcontractor within ten (10) days of CONTRACTOR's receipt of payment from the COUNTY for undisputed services provided by the subcontractor. CONTRACTOR shall pay interest of 1' /a percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, CONTRACTOR shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including any attorney's fees, incurred in bringing the action. 16. PAPER RECYCLING The COUNTY encourages CONTRACTOR to develop and implement an office paper and newsprint recycling program. 17. NOTICES Any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance shall be in writing, and shall be sent registered or certified mail. Notices to the COUNTY shall be sent to the County Administrator with a copy to the originating Department at the address given in the opening paragraph of the Agreement. Notice to CONTRACTOR shall be sent to the address stated in the opening paragraph of the Agreement or to the address stated in CONTRACTOR's Form W -9 provided to the COUNTY. 18, CONFLICT OF INTEREST CONTRACTOR affirms that to the best of CONTRACTOR's knowledge, CONTRACTOR's involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. CONTRACTOR agrees that, should any conflict or potential conflict of interest become known to CONTRACTOR, CONTRACTOR will immediately notify the COUNTY of 7 the conflict or potential conflict, specifying the part of this Agreement giving rise to the conflict or potential conflict, and will advise the COUNTY whether CONTRACTOR will or will not resign from the other engagement or representation. 19. PROMOTIONAL LITERATURE CONTRACTOR agrees that the terms "Hennepin County" or any derivative shall not be utilized in any promotional literature, advertisements of any type or form or client lists without the express prior written consent of the COUNTY. 20. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney's Office COUNTY OF HENNEPIN STATE OF MINNESOTA Date: City organized under: 0 Chair of Its Date: CITY OF NEW HOPE By: Its: Mayor And: Its: City Manager Statutory X Option A Option B X Charter 0