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041320 City Council Meeting Packet NEW HOPE CITY COUNCIL MEETING AGENDA April 13, 2020 7:00 p.m. City Hall – Council Chambers 4401 Xylon Avenue North Mayor Kathi Hemken Council Member John Elder Council Member Cedrick Frazier Council Member Andy Hoffe Council Member Jonathan London The City Council wants and encourages citizen participation at Council Meetings. Your input and opinions count and are valuable. You are encouraged to bring forth your comments and issues at the appropriate point on the agenda. A 15-minute maximum Open Forum is held at the beginning of each Council Meeting. At this time any person may address the Council on any subject pertaining to City business not listed on this agenda or scheduled as a future agenda item. The Council requests that you limit your presentation to 3 minutes. Anyone wishing to address the City Council on a particular item should raise their hand and be recognized by the Mayor. Approach the podium and speak into the microphone by first stating your name and address. Also, please record your name on the roster at the table near the door so that your name will be spelled correctly in the minutes. Individuals should not expect the Mayor or Council to respond to their comments tonight; Council may refer the matter to staff for handling or for consideration at a future meeting. You are welcome to contact the city clerk at 763-531-5117 after the council meeting. COUNCIL MEETING BROADCASTS AND STREAMING Government Access channel 16 programming includes live/taped meeting replays Live on-line meetings and past meetings on-demand are available through www.nwsccc.org. www.newhopemn.gov New Hope Values and Vision City Mission Strong local government that is proactive in responding to the community needs and issues by delivering quality public service to all city residents, businesses, property owners, and organizations in a prudent and e cient manner. Values Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-e ective manner. Fiscal Responsibility We believe that ﬁ scal responsibility and the prudent stewardship of public funds and city assets is essential if residents are to have conﬁ dence in government. Ethics, Integrity and Professionalism We believe that ethics, integrity, and professionalism are the foundation blocks of public trust and conﬁ dence and that all meaningful relationships are built on these values. Respect for the Individual We believe in the uniqueness of every individual, and welcome, appreciate, and respect diversity and the di ering of opinions. Open, Honest, and Respectful Communication We believe that open, honest, and respectful communication is essential for an informed and involved citizenry and to foster a positive environment for those interacting with our city. Cooperation and Teamwork We believe that the public is best served when all work cooperatively. Visionary Leadership and Planning We believe that the very essence of leadership is to be responsive to current goals and needs, and visionary in planning for the future. Vision e city is a great place to grow as a family, individual, or business. All within our city are safe and secure. Essential services will be those that promote a safe and healthy environment for all residents. Essential services and programs will be enhanced and streamlined, and will be provided in an economical manner and with measurable results. e city views residents as its greatest asset and seeks their input and participation. e city will meet the communication needs of citizens, elected o cials, and city sta . Strategic Goals e city will maintain and improve its infrastructure (water distribution, storm water, sewer, roads, parks, lighting, and city facilities). e city will use frugal spending and resourceful ﬁ nancial management to maintain its ﬁ scal health. e city will encourage maintenance, redevelopment, and reinvestment of existing properties to improve or enhance its tax base. e city will provide core services with a professional sta who are equipped with the necessary tools and equipment and given necessary direction. e city will facilitate and improve communications to promote e ective intergovernmental cooperation between sta , citizens, and Council. Adopted by the New Hope City Council, August 2006 Reaffirmed by the New Hope City Council, February 2019 CITY COUNCIL MEETING City Hall, 4401 Xylon Avenue North Monday, April 13, 2020 7:00 p.m. Regular Session City Hall will be open to the public for this meeting; however due to the current COVID-19 pandemic, the city will be making its council meeting available via Webex. The public may participate in this meeting by phone by calling 415-655-0001 and entering meeting/access code 285 872 564 followed by the # sign. When prompted for a password, simply press #. Anyone wishing to speak at Open Forum is encouraged to call the city clerk at 763- 531-5117 in advance for instructions. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – April 13, 2020 2. ROLL CALL 3. APPROVAL OF MINUTES:  Council Work Session Minutes – March 16, 2020  Council Meeting Minutes – March 23, 2020 4. OPEN FORUM 5. PRESENTATIONS 6. CONSENT BUSINESS 6.2 Approval of financial claims through April 13, 2020 6.4 Resolution proclaiming the month of May 2020, as Arbor Month in the city of New Hope 6.5 Resolution proclaiming May 17-23, 2020, as National Public Works Week in the city of New Hope 6.6 Resolution proclaiming April 19-25, 2020 as National Crime Victims’ Rights Week in the city of New Hope 6.7 Resolution approving renewing the agreement with Solution Builders to provide information technology support services for the city effective May 1, 2020 to April 30, 2021 7. PUBLIC HEARING 8. DEVELOPMENT AND PLANNING 9. PETITIONS AND REQUESTS 10. ORDINANCES AND RESOLUTIONS 11. UNFINISHED AND ORGANIZATIONAL BUSINESS 11.1 Motion approving renewal of insurance premiums for general liability, property damage, employee bond and worker’s compensation for the period April 20, 2020 through April 20, 2021 through the League of Minnesota Cities Insurance Trust (LMCIT) 11.2 Motion to accept statutory limitations of $500,000 for individual claimant recovery for insurance provided by League of Minnesota Cities Insurance Trust (LMCIT) 12. OTHER BUSINESS 12.1 Exchange of communication between members of the city council 13. ADJOURNMENT Memorandum To: New Hope City Council From: Kirk McDonald, City Manager Date: April 9, 2020 Subject: Agenda Items for Monday, April 13, 2020 Open Forum We are not aware of anyone who intends to address Council for the open forum. Items 6.1, 6.2, and 6.3 Item 6.1 – there are no new business license requests. Item 6.2 - involves routine financial claims. Item 6.3 – there are no new liability claims to report. Item 6.4 This item proclaims the month of May as Arbor Month in the city. One of the requirements to retain the “Tree City USA” designation is to adopt this resolution and to participate in tree plantings and other environmental enhancements. The city will continue to proactively address the Emerald Ash Borer threat by removing diseased trees and replacing with a variety of species on public property. Director Weber, Director Rader, and I recommend approval. Item 6.5 This resolution proclaims the week of May 17-23 as National Public Works Week in the city of New Hope. Observance is intended to raise awareness of the importance of public works employees and their contributions to maintain the city’s infrastructure to provide a safe and healthy community. Director Weber and I recommend approval. Item 6.6 This resolution proclaims the week of April 19-25 as National Crime Victims’ Rights Week in the city. The Council is asked to reaffirm its commitment to respect and enforce victims’ rights and address their needs. Director Fournier and I support adoption of the resolution. Item 6.7 Since 2015, the city has utilized the services of Solution Builders for information technology support services. The contract renewal for May 1, 2020 to April 30, 2021 is $144,562.56 which is an increase of 3% over the previous contract. In addition to the IT support performed remotely, the city receives two days per week of on-site support. Director Johnson and I recommend approval. Item 11.1 This item approves the city’s property liability and workers compensation annual insurance premium renewal. The premium for property/liability coverage increased from $160,114 to $189,767 or $29,653 from last year (primarily due to the new city hall/police department), and the premium for workers compensation increased from $226,558 to $232,755 or $6,197 based on a $5,000 deductible for workers compensation claims. The total cost of the insurance (property, workers comp, liquor liability, open meeting law defense, faithful performance, and volunteer accident plan) is $422,522 which is $27,366 lower than the 2020 budgeted amount of $449,888. I recommend approval. Item 11.2 This item accepts statutory limitations of $500,000 for individual claimant recovery. Cities with coverage through the LMCIT must specify whether or not the city wishes to waive the monetary limits on tort liability. Staff recommends the city “not waive” the statutory tort limits. I recommend approval. Item 12.1 Mayor Hemken will review the list of upcoming events/meetings. If you have any questions regarding items in the agenda packet, please call the city clerk or me before the meeting so that staff can research any issues and be prepared to respond at the meeting. City Council Work Session March 16, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes Work Session Meeting March 16, 2020 Northwood Conference Room CALL TO ORDER The New Hope City Council met in work session pursuant to due call and notice thereof; Mayor Hemken called the meeting to order at 6:30 p.m. ROLL CALL Council present: Council Absent: Kathi Hemken, Mayor John Elder, Council Member Andy Hoffe, Council Member Jonathan London, Council Member Cedrick Frazier, Council Member Staff present: Kirk McDonald, City Manager Dan Boyum, City Engineer Tim Fournier, Director of Police Rich Johnson, Director of HR/Admin. Services Sarah Larson, WMFRD Fire Chief Valerie Leone, City Clerk Walker MacBeath, HR Coordinator Susan Rader, Director of Parks & Recreation Mark Severson, Recreation Facilities Manager Stacy Woods, Assistant City Attorney AGENDA REVISED Mr. Kirk McDonald, city manager, reported that items 11.2, 11.3, and 11.5 will be delayed to a future work session. LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING DISCUSSION Item 11.1 Mayor Hemken introduced for discussion item 11.1, Discussion with representatives from county assessor’s office regarding Local Board of Appeal and Equalization meeting. Mr. Kirk McDonald, city manager, explained that the city’s meeting is scheduled for Thursday, April 2, 2020. Mayor Hemken introduced Jim Atchison, county assessor. Mr. Atchison reviewed the primary function of the assessor’s office, assessment process, property classification, training of appraisers, appeals process, and the responsibility of the local board of appeal and equalization. He reported that each year the estimated market values are analyzed along with sales data from the market. A recalculation of land and building values was made to all property types. He stated the city has a total market value of approximately $2,242,405,200 which includes $20,381,600 in new construction improvements. The overall value increase for all property types in the city is 6.20%. He indicated the median market value of a single- family home is $257,000. City Council Work Session March 16, 2020 Page 2 Due to the COVID-19 pandemic, Mr. Atchison stated all assessors are working remotely, and property reviews will be handled by phone and photos rather than in - person. Mr. McDonald reported that the Board of Appeal and Equalization meeting will likely be held via Webex to allow residents to participate remotely. Mr. Atchison responded to questions from Council Member London regarding valuations. He stated every neighborhood meets the standards (95% ratio). He stated the assessed values must be compared to the sales data. He pointed out a mass undervaluation in one neighborhood would push taxes onto other properties. Council thanked Mr. Atchison for the update. EMERALD ASH BORER PROGRAM UPDATE Item 11.2 Mayor Hemken introduced for discussion item 11.2, Discussion of New Hope’s Emerald Ash Borer program including an update on efforts made in 2019. Item was postponed until future work session. I/I PROGRAM AND GREEN GRANT UPDATE Item 11.3 Mayor Hemken introduced for discussion item 11.3, Update and discussion regarding the sanitary sewer Inflow and Infiltration (I/I) program and Green Grant project. Item was postponed until future work session. POOL/CIVIC CENTER PARK/CITY HALL LANDSCAPING PROJECTS UPDATE (IMPROVEMENT PROJECT NOS. 995/941/994) Item 11.4 Mayor Hemken introduced for discussion item 11.4, Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering (Improvement Project Nos. 995/941/994). Mr. Dan Boyum, city engineer, stated the contractor for the green contract is meeting with city staff to provide an update on their schedu le for installation of the safety bollards, monument sign and flagpole lights. The work remaining for the rest of the city hall landscaping, park landscaping, trail, pool parking lot, and park items will resume in the April. At the 50-meter pool, the wheel chair ramp, steps, and railings were poured recently. In the bathhouse, the pool contractor is done with the floors on the north side of the building. The ticket windows are all installed, toilet partitions installed, and toilet accessories are mostly installed. Plumbing vents have been installed through the ceiling and sealed. In the mechanical building, the contractor has completed installation of pool equipment. Labeling of piping is currently being done. Lights have been installed inside and outside of the building and the electrician is 75% completed with other electrical items. The roofing steel has been completed up to the location of the slide deck columns. These columns will be arriving on March 13, 2020, and installation will begin as soon as the weekend of March 14, 2020. Column and staircase work for the slides will begin the week of March 16, 2020. The main drain for the zero depth pool was poured on March 10, 2020. Other concrete placement and additional exterior site improvements will start up again this spring. The contractor will continue on interior work in the bathhouse and mechanical building. City Council Work Session March 16, 2020 Page 3 Ms. Susan Rader, director of parks and recreation, explained the negotiation process that has taken place between the city and Donlar since the initial $267,509 claim. She stated a change order for $54,106 will be presented at the March 23 Council Meeting to include: $671 for thicker grade beam at shade structure; $34,814 for rainfall and delay costs; and $18,620 for CenterPoint utility delay. She recommended delaying a decision for costs associated with extended general conditions due from previous delays (part D). Mr. McDonald commented that Donlar is a quality contractor and is doing a good job. He stated the items under negotiation have been reviewed with the city attorney. He pointed out the negotiated amount is one-fourth of the original claim. Council Member London called attention to the field reports and noted it is the contractor’s responsibility to manage subcontractors and project schedules. Discussion ensued regarding potential litigation. Ms. Stacy Woods, assistant city attorney, stated it is best to avoid litigation if possible due to the added expense and construction delays. Ms. Woods stated the contract does contain language for liquidated damages. The majority of the Council stated they supported a change order. Ms. Rader shared a concept of offering the $50,000 construction incentive on a pro - rated basis (up to 21 days past June 5) to encourage earlier completion. Council Member London stated he would oppose such action. Mr. McDonald stated at this time staff is not asking for a decision on the incentive proposal. PARKS AND REC AND PUBLIC WORKS CIP Item 11.5 Mayor Hemken introduced for discussion item 11.5, Discussion regarding the city’s capital improvement program (CIP) for parks and recreation and public works departments for 2020-2029. Item was postponed until future work session. HEYDAY EVENT Item 11.6 Mayor Hemken introduced for discussion item 11.6, Discuss HeyDay Event. Mr. Kirk McDonald, city manager, asked Council to briefly discuss the HeyDay event being planned for July 11 to replace the Duk Daze festival. He stated the Lions Club is interested in holding bingo in the truck bay area of fire station #3 and the beer tent on the front apron of the fire station. He stated Fire Chief Larson and Police Chief Fournier do not support the location as beer sales at the fire station sends the wrong message to the public. He stated staff would prefer the Lions find an alternate location such as Winnetka Shopping Center wh ere the annual corn feed is held. City Council Work Session March 16, 2020 Page 4 Chief Larson commented on liability issues if anyone became impaired if the beer tent was at the fire station. She stated although the Lions Club is very generous to the city, alcohol consumption at the fire station is not in the city’s best interest. Mr. McDonald also advised Council that the Lions would like to host the annual softball tournament the weekend of July 16-19 at a few city parks with a food tent at Victory Park. He stated the event coordinators are also interested in having Pub42 sell beer at Victory Park and possibly Northwood Park. Council did not support bingo/beer tent at the fire station but were receptive to allowing temporary food/beer sales at Victory and Northwood Parks if proper permits were obtained. Chief Fournier stated compliance checks would be conducted as usual and the police would discuss necessary security measures with the Lions Club. It was noted that the Lions Club is interested in using Civic Center Park for the HeyDay event in 2021. Director Rader stated the city will need to discuss the concept before next summer. POLICE SUCCESSION PLANNING Item 11.7 Mayor Hemken introduced for discussion item 11.7, Discussion regarding police succession planning. Mr. Rich Johnson, director of HR & admin Services, was recognized. He reviewed past retirement incentive packages offered to employees. He stated if a program is offered for sworn law enforcement officers in 2020 with eligibility defined as at least 50 years of age with 20 years of service for police plan members, there would be seven eligible employees. Discussion ensued regarding upper management in the police department and the need for succession planning. Mr. Kirk McDonald, city manager, noted a chief and captain retired near the same time about ten years ago and the city should try to avoid a recurrence. Chief Fournier stated that many police personnel have been attending command school in preparation of advancement. He noted it would be in the city’s best interest to allow job knowledge transfer to occur between incumbents and successors. Discussion included the wages of positions and payback period of incentive. Council requested financial data. Mr. Johnson indicated he will prepare a summary of current salaries, projected salaries and payback. Mayor Hemken suggested an illustration based on the impact of one or two employees accepting the retirement incentive. COVID-19 PANDEMIC Mr. Kirk McDonald, city manager, stated the management team held a special meeting today to discuss the COVID-19 pandemic and related implications, and the majority recommended that city offices/operations be shut down for the safety of employees and residents. He noted the city of Golden Valley has closed all of its facilities. He stated many employees have laptops and the ability to work from home. He indicated city inspectors and public works personnel are no longer entering residence s City Council Work Session March 16, 2020 Page 5 and park and recreation programs have been cancelled. He stated council meetings could be conducted electronically. He also reported the EOC has been partially activated. Mr. Rich Johnson, director of HR & admin services, stated there is much uneasiness among staff. He stated finance staff are equipped to process payroll and accounts payable remotely. He also reported a budgetary code has been assigned to track costs associated with COVID-19 for possible reimbursement by the federal or state government. It was noted that essential employees would continue to work. Council Member Elder reported that only essential staff are on duty for the city of Minneapolis. Chief Fournier reported on the steps the police department has already taken such as not responding to routine medical calls. Council directed staff to close city hall operations and recreational facilities effective March 18 with a tentative re-open date of April 6 with the understanding that all employees would continue to receive their regular compensation. Mr. McDonald stated the management team will remain in communication, and the city’s website will be updated. ADJOURNMENT The meeting was adjourned at 8:33 p.m. as there was no further business to come before the Council at its work session. Respectfully submitted, Valerie Leone, City Clerk New Hope City Council March 23, 2020 Page 1 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 City Council Minutes March 23, 2020 Regular Meeting City Hall, 7:00 p.m. CALL TO ORDER The New Hope City Council met in regular session pursuant to due call and notice thereof; Mayor Hemken called the meeting to order at 7:00 p.m. Due to the COVID-19 pandemic, some members of the Council, city staff, and consultants participated remotely. PLEDGE OF ALLEGIANCE Mayor Hemken announced that the Pledge would not be recited since the meeting is not being held in the council chambers. ROLL CALL Council present: Staff present: Kathi Hemken, Mayor John Elder, Council Member (exited meeting at 7:16 pm) Cedrick Frazier, Council Member Andy Hoffe, Council Member Jonathan London, Council Member Kirk McDonald, City Manager Dan Boyum, City Engineer Tim Fournier, Director of Police Rich Johnson, Director of HR/Admin. Services Sarah Larson, WMFRD Chief Valerie Leone, City Clerk Susan Rader, Director of Parks and Recreation Jeff Sargent, Director of Community Development Bernie Weber, Director of Public Works Stacy Woods, Assistant City Attorney APPROVAL OF MINUTES Motion was made by Council Member Hoffe, seconded by Council Member Frazier, to approve the work session minutes of February 18, 2020, and the regular meeting minutes of March 9, 2020. All present voted in favor. Motion carried. OPEN FORUM There was no one present desirous of addressing the Council for the Open Forum. ROTATING VOTES Please note that votes taken on each agenda item are called by the secretary on a rotating basis; however, the written minutes always list the mayor’s name first followed by the council members’ in alphabetical order. CONSENT AGENDA Mayor Hemken introduced the consent items as listed for consideration and stated that all items will be enacted by one motion unless requested that an item be removed for discussion. Mr. Kirk McDonald, city manager, reviewed the consent items. New Hope City Council March 23, 2020 Page 2 FINANCIAL CLAIMS Item 6.2 Approval of financial claims through March 23, 2020. GFOA AWARD Item 6.4 Motion accepting certificate of achievement of excellence in financial reporting. RESOLUTION 2020-29 Item 6.5 Resolution approving a contract with Warning Lites of Minnesota, Inc. for New Hope’s 2020 street paint striping/marking services. RESOLUTION 2020-30 Item 6.6 Resolution approving a contract with Reliakor Services, Inc. for 2020 street sweeping services. RESOLUTION 2020-31 Item 6.7 Resolution approving a contract with Reliakor Services, Inc. for disposal of debris collected during the spring 2020 street sweeping operation. RESOLUTION 2020-32 Item 6.8 Resolution authorizing the appropriation of funds in the amount of $18,449.44 to rebuild the ice compressors and replace shaft seals at the New Hope Ice Arena. RESOLUTION 2020-33 Item 6.9 Resolution authorizing the appropriation of funds in the amount of $4,957.46 for the replacement of the nine system relief valves which are part the refrigeration system at the New Hope Ice Arena. MOTION Consent Items Motion was made by Council Member Elder, seconded by Council Member Hoffe, to approve the Consent items. All present voted in favor. Motion carried. IMP. PROJECT 1034 Item 8.1 Mayor Hemken introduced for discussion Item 8.1, Resolution awarding contract to Northwest Asphalt, Inc. for construction of public improvement project no. 1034 (2020 Infrastructure Improvement Project). Mr. Dan Boyum, city engineer, explained the project generally consists of a full street reconstruction with the replacement of water main and storm sewer utility on both Northwood Parkway and 36 ½ Circle between Boone and 36th avenues. Additionally this project includes pavement work on many streets in the neighborhood between Boone Avenue and Highway 169, and 36th and 27th avenues. He stated plans and specifications were approved at the council meeting of February 10, 2020. He stated the city received four bids at the March 12 bid opening. The low bid contractor for the base bid was Valley Paving, Inc. with a total base bid amount of $2,370,338.47. The second low bid for the base bid was Northwest Asphalt, Inc. with a total base bid amount of $2,383,800.70. He explained there were also four alternate bids, and by adding the alternates to the base bid, then Northwest Asphalt, Inc. is the low bid contractor with a total adjusted base bid of $2,889,365.98. He stated Northwest Asphalt has worked in the city previously on street and storm sewer work next to Cooper High School along Virginia Avenue. Mr. Boyum reported that if the contract is awarded, project construction would begin in the spring of 2020 and all major project work would be complete by fall of 2020. He explained the project will be funded by the street infrastructure fund, utility funds (water, sewer, storm water), and assessments. New Hope City Council March 23, 2020 Page 3 Council Member London commented on the need for communication with residents impacted by the project so that residents are provided a contact person with any issues. Mr. Boyum stated a project update will be mailed to property owners in the project area in the near future. RESOLUTION 2020-34 Item 8.1 Council Member Frazier introduced the following resolution and moved its adoption: “RESOLUTION AWARDING CONTRACT TO NORTHWEST ASPHALT, INC. FOR CONSTRUCTION OF PUBLIC IMPROVEMENT PROJECT NO. 1034 (2020 INFRASTRUCTURE IMPROVEMENT PROJECT).” The motion for the adoption of the foregoing resolution was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: Elder; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. IMP. PROJECT 1048 Item 8.2 Mayor Hemken introduced for discussion Item 8.2, Resolution approving plans and specifications and authorizing to advertise for bids for the proposed 2020-2021 Sanitary Sewer Lining project (Improvement Project No. 1048). Mr. Dan Boyum, city engineer, explained that the city’s 2020 capital improvement program (CIP) includes $350,000 for the lining of deteriorating areas of the sanitary sewer network. Similarly, there is $350,000 in the 2021 CIP budget. Staff is recommending that these two years of work be combined under one contract to save engineering costs and to obtain favorable bids. He stated both projects include lining on streets near Liberty Park in the northwest corner of the city. This area was identified in the city’s inflow and infiltration (I&I) study that was performed in 2019 to identify areas where I&I could be reduced by lining. Mr. Boyum stated if Council chooses to move forward with this project, bids could be received on April 16 and would be brought to the Council for review at the April 27 Council Meeting. Approximately half of the work would occ ur in 2020 and the remainder of the work would be completed in 2021. Council Member London questioned when the city began the I&I program and whether the results have been tracked to justify the expenditures. Mr. Bernie Weber, director of public works, stated the program to reduce inflow and infiltration in the sanitary sewer system began in the fall of 2003. Initiatives completed by the city to date include replacement of open hole sanitary sewer manhole covers, roof vent and foundation drain inspection of apartments and commercial buildings, televised inspection of sanitary sewer pipe, and the implementation of the annual sanitary sewer lining program. He stated the city targets the areas where I&I is most severe. He stated the improvements have significantly reduced I&I. New Hope City Council March 23, 2020 Page 4 Council Member London stated he would like a report of the annual improvements and benchmarks. RESOLUTION 2020-35 Item 8.2 Council Member Hoffe introduced the following resolution and moved its adoption: “RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING TO ADVERTISE FOR BIDS FOR THE PROPOSED 2020-2021 SANITARY SEWER LINING PROJECT (IMPROVEMENT PROJECT NO. 1048).” The motion for the adoption of the foregoing resolution was seconded by Council Member Frazier, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: Elder; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. IMP. PROJECT 1040 Item 8.3 Mayor Hemken introduced for discussion Item 8.3, Resolution approving plans and specifications and authorizing advertisement of bids for playground improvement site work at Begin Park (Improvement Project No. 1040). Mr. Dan Boyum, city engineer, stated Begin Park is located at 5407 Wisconsin Avenue North, and the equipment was last replaced in 1996. He stated the existing playground equipment is from Landscape Structures and it will be th e city’s first project for the equipment refurbishment program. He noted in addition to the playground equipment, the project includes replacement of the container, entrance ramp, sidewalk and concrete pads for two benches and a picnic table . He stated the neighborhood input has been solicited regarding playground design and color schemes, and a final plan will be presented to Council in April . Mr. Boyum stated the site work, playground equipment, and indirect costs are estimated at $198,398 and funding of $200,000 is available in the Park Infrastructure Fund. RESOLUTION 2020-36 Item 8.3 Council Member Frazier introduced the following resolution and moved its adoption: “RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR PLAYGROUND IMPROVEMENT SITE WORK AT BEGIN PARK (IMPROVEMENT PROJECT NO. 1040).” The motion for the adoption of the foregoing resolution was seconded by Council Member London, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: Elder; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. IMP. PROJECT 1046 Item 8.4 Mayor Hemken introduced for discussion Item 8.4, Resolution approving plans and specifications and authorizing advertisement of bids for the basketball court replacement at Northwood Park (Improvement Project No. 1046). Mr. Dan Boyum, city engineer, stated staff is requesting Council’s approval of plans and specifications and authorization to advertisement for bids for the basketball court replacement at Northwood Park. The court is over 25 years old and in need of replacement along with new hoops and bases. The estimated cost New Hope City Council March 23, 2020 Page 5 of the project is $77,667.85, including indirect costs, and there is $80,000 designated in the 2020 CIP for the project. He stated in an effort to reduce costs, the project will be bid with the Begin Park playground project. He stated a bid opening of April 16 is proposed, and bids will be presented to Council on April 27. Council Member London commented that the cost seems excessive for an asphalt court surface. Mr. Boyum explained that the project involves equipment mobilizati on, removal of the existing court, installation of the new court, surface color and striping, and installation of new basketball hoops and footings. He stated the quotes may be lower than the estimate. RESOLUTION 2020-37 Item 8.4 Council Member Frazier introduced the following resolution and moved its adoption: “RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR THE BASKETBALL COURT REPLACEMENT AT NORTHWOOD PARK (IMPROVEMENT PROJECT NO. 1046).” The motion for the adoption of the foregoing resolution was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: Elder; whereupon the resolution was declared duly passed and adopted , signed by the mayor which was attested to by the city clerk. IMP. PROJECT 995 Item 8.5 Mayor Hemken introduced for discussion Item 8.5, Resolution approving Change Order No. 7 in the amount of $54,106.49 with Donlar Construction Company for the pool construction project (Improvement Project No. 995). Mr. Dan Boyum, city engineer, reported that Council reviewed the proposed change order for the pool construction project at the March 16 work ses sion. He stated change order number 7 is $54,106.49 and includes costs for thicker grade beam at the shade structure, CenterPoint utility delay costs, and costs for rainfall and delay costs (as negotiated). The change order increases the contract amount to $11,471,955.84; and the remaining construction contingency after this change order is $112,893.51. RESOLUTION 2020-38 Item 8.5 Mayor Hemken introduced the following resolution and moved its adoption: “RESOLUTION APPROVING CHANGE ORDER NO. 7 IN THE AMOUNT OF $54,106.49 WITH DONLAR CONSTRUCTION COMPANY FOR THE POOL CONSTRUCTION PROJECT (IMPROVEMENT PROJECT NO. 995).” The motion for the adoption of the foregoing resolution was seconded by Council Member Frazier, and upon vote being taken thereon, the follow ing voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: Elder; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. PURCHASE TRAILERS Item 10.1 Mayor Hemken introduced for discussion Item 10.1, Resolution authorizing the purchase of equipment and appropriation of funds in the amount of $24,235.67 for the purchase of three Towmaster trailers from RDO Equipment. New Hope City Council March 23, 2020 Page 6 Mr. Bernie Weber, director of public works, stated the request is for the purchase of three trailers from RDO Equipment for $24,235.67. He stated the trailers would replace trailers that are 19 to 20 years old and in poor condition. The trailer s are used regularly for transporting equipment to perform maintenance activities and to accommodate set up of special events. The replacement fund has $22,405.77 dedicated for the purchase and the difference of $1,829.90 would be funded by the central garage replacement fund. He also noted the three old trailers may be auctioned which would help fund the shortfall. Council Member London inquired whether the funds are available in the capital improvement program. Mr. Weber responded affirmatively. RESOLUTION 2020-39 Item 10.1 Council Member Hoffe introduced the following resolution and moved its adoption: “RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT AND APPROPRIATION OF FUNDS IN THE AMOUNT OF $24,235.67 FOR THE PURCHASE OF THREE TOWMASTER TRAILERS FROM RDO EQUIPMENT.” The motion for the adoption of the foregoing resolution was seconded by Council Member London, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: Elder; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. PURCHASE F350 TRUCK Item 10.2 Mayor Hemken introduced for discussion Item 10.2, Resolution authorizing the purchase of equipment and appropriation of funds in the amount of $66,198.74 for the purchase of a 2020 Ford F350 cab/chassis including dump body with ancillary equipment. Mr. Bernie Weber, director of public works, recommended the purchase of a 2020 F350 dump truck for the street department. He explained the existing street department truck (year 2010) would be transferred to the golf course which would enable the golf course truck (year 2001) to be sent to the auction. The purchase would be made through the state cooperative purchasing venture. The cost of the cab and chassis is $33,064.74; the dump box, ancillary equipment, set up and installation costs are estimated at $33,13 4 making the total cost of the dump truck $66,198.74. He stated the vehicle replacement fund has $69,257.78 dedicated for the purchase. RESOLUTION 2020-40 Item 10.2 Council Member London introduced the following resolution and moved its adoption: “RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT AND APPROPRIATION OF FUNDS IN THE AMOUNT OF $66,198.74 FOR THE PURCHASE OF A 2020 FORD F350 CAB/CHASSIS INCLUDING DUMP BODY WITH ANCILLARY EQUIPMENT.” The motion for the adoption of the foregoing resolution was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: Elder; New Hope City Council March 23, 2020 Page 7 whereupon the resolution was declared duly passed and adopted , signed by the mayor which was attested to by the city clerk. PURCHASE TORO MOWER Item 10.3 Mayor Hemken introduced for discussion Item 10.3, Resolution authorizing the purchase of equipment and appropriation of funds in the amount of $13,867.99 for the purchase of a 2020 Toro 6000 series mower, model 72947 with ancillary equipment from Minnesota Equipment, Inc. Mr. Bernie Weber, director of public works, recommended the purchase of a Toro 6000 series mower to replace a five-year old Toro mower. He stated the cost of the mower and ancillary equipment is $13,867.99 through the state cooperative purchasing agreement. The mower is used to maintain the city’s parks and public property. It is recommended to auction the 2015 mower. He stated the equipment replacement fund has $14,788 dedicated for the purchase. RESOLUTION 2020-41 Item 10.3 Council Member Frazier introduced the following resolution and moved its adoption: “RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT AND APPROPRIATION OF FUNDS IN THE AMOUNT OF $13,867.99 FOR THE PURCHASE OF A 2020 TORO 6000 SERIES MOWER, MODEL 72947 WITH ANCILLARY EQUIPMENT FROM MINNESOTA EQUIPMENT, INC.” The motion for the adoption of the foregoing resolution was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted aga inst the same: None; Abstained: None; Absent: Elder; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. COVID-19 PANDEMIC Item 10.4 Mayor Hemken introduced for discussion Item 10.4, Resolution declaring a local emergency due to COVID-19 health Pandemic. Mr. Kirk McDonald, city manager, recommended the Council adopt the resolution to enable the city to take necessary steps and to receive any financial assistance or reimbursements for potential lost revenue. Mr. McDonald stated Council Member London had inquired of the estimate of revenue losses. He stated the estimate is $400,000 for golf course and ice arena facilities based on March through July. RESOLUTION 2020-42 Item 10.4 Council Member Frazier introduced the following resolution and moved its adoption: “RESOLUTION DECLARING A LOCAL EMERGENCY DUE TO COVID-19 HEALTH PANDEMIC.” The motion for the adoption of the foregoing resolution was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: Elder; whereupon the resolution was declared duly passed and adopted , signed by the mayor which was attested to by the city clerk. EXCHANGE OF COMMUNICATION Item 12.1 Mayor Hemken introduced for discussion Item 12.1, Exchange of communication between members of the City Council. New Hope City Council March 23, 2020 Page 8 Mayor Hemken reported on upcoming events. ADJOURNMENT Motion was made by Council Member Frazier, seconded by Council Member Hoffe, to adjourn the meeting, as there was no further business to come befor e the Council. All present voted in favor. Motion carried. The New Hope City Council adjourned at 7:58 p.m. Respectfully submitted, Valerie Leone, City Clerk G:\City Manager\AGENDA\6.2 R-Approval of Claims Merge Doc.docx Request for Action April 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Approval of claims through April 13, 2020 Requested Action Claims for services and commodities purchased through this period are listed on the Check Disbursement Report Attachments x Check Disbursement Report Agenda Section Consent Item Number 6.2 I:\RFA\PUBWORKS\2020\Council\2020 Arbor Month Request for Action April 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director of Parks & Recreation Agenda Title Resolution proclaiming the month of May 2020, as Arbor Month in the city of New Hope Requested Action Staff recommends Council adopt a resolution proclaiming May 2020 as Arbor Month in New Hope. Policy/Past Practice A formal Arbor Month proclamation is one of the requirements for designation as a Tree City USA by the National Arbor Day Foundation. New Hope has been designated a Tree City USA for each of the last 22 years. The city will continue to proactively address the Emerald Ash Borer threat by removing diseased trees and replacing with a variety of species on public property. Attachment  Resolution Agenda Section Consent Item Number 6.4 City of New Hope Resolution No. 2020- Resolution proclaiming the month of May, 2020, as Arbor Month in the city of New Hope WHEREAS, trees are a valuable resource in the state of Minnesota as well as in the city of New Hope - purifying air and water, helping conserve soil, serving as recreational settings, providing habitat for wildlife, and enriching lives of residents in many important ways; and, WHEREAS, pollutants, tree diseases, drought and urban development have damaged and continue to threaten trees, creating the need for concerted action to ensure the future of urban forests in this community and the state; and, WHEREAS, each year the people of Minnesota pay special attention to the wonderful gift that trees represent and dedicate themselves to the continued health of the state's trees; and, WHEREAS, the city will plant trees at Meadow Lake Park at a later date to be determined, and is continuing an Emerald Ash tree removal/replacement program. NOW, THEREFORE, BE IT RESOLVED that the New Hope City Council does hereby proclaim the month of May 2020 to be Arbor Month in the city of New Hope. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, 13th day of April 2020. _____________________________ Mayor Attest: __________________________ City Clerk I:\RFA\PUBWORKS\2020\Council\2020 Public Works Week Request for Action April 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bernie Weber, Director Agenda Title Resolution proclaiming May 17-23, 2020, as National Public Works Week in the city of New Hope Requested Action Staff recommends that the City Council approve a resolution proclaiming May 17-23, 2020, as National Public Works Week. Policy/Past Practice The city recognizes the importance of public works in maintaining the city’s infrastructure. Background National Public Works Week is observed the third week of May each year to raise awareness of public works issues, and to acknowledge the dedication provided by public works employees. Public works personnel maintain the city’s infrastructure to provide a safe and healthy environment for the community. Adoption of the resolution acknowledges the valuable contributions made by public works personnel. Attachments  Resolution Agenda Section Consent Item Number 6.5 City of New Hope Resolution No. 20- Resolution proclaiming May 17-23, 2020, as National Public Works Week in the city of New Hope WHEREAS, the week of May 17-23, 2020, has been designated National Public Works Week to recognize the men and women in the United States who provide and maintain the infrastructure and services collectively known as public works; and, WHEREAS, public works infrastructure, facilities and services play a pivotal role in the health, safety and quality of life in communities throughout the United States; and, WHEREAS, public works professionals design, build, operate, maintain and protect the transportation systems, water supply infrastructure, sewer systems, public buildings and other structures and facilities; and, WHEREAS, the New Hope Public Works Department provides a vital public service; and; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the city of New Hope hereby proclaims the week of May 17-23, 2020, as National Public Works Week in the city of New Hope and extends its appreciation to public works personnel for their dedication and commitment to the community. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of April, 2020. Mayor Attest: City Clerk I:\RFA\POLICE\Q & R - Crime Victims Week 2020.docx Request for Action April 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Police By: Tim Fournier, Chief of Police Agenda Title Resolution proclaiming April 19-25, 2020 as National Crime Victims’ Rights Week in the city of New Hope. Requested Action Staff recommends that the City Council approve a resolution proclaiming April 19-25, 2020 as National Crime Victims’ Rights –Week in the city of New Hope. Policy/Past Practice The city recognizes the importance of maintaining a safe and secure community, and understands the courageous role that crime victims have in participating in the criminal justice process Background As we continue to make strides in reducing the crime rate, we must remember that there are still far too many victims of crime. Those who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at-large. We recognize that our response to crime victims plays an important role in their efforts to rebuild their lives following the offense. Let all of us — policy makers, those in the criminal justice system, counselors, clergy members, and members of the general public — do what we can to bring honor to victims, responding to crime victims compassionately and respectfully. This year’s theme, “Seek Justice | Ensure Victims’ Rights | Inspire Hope” promotes victims’ rights and honors crime victims and those who advocate on their behalf. Let us acknowledge that, just as government must be open to its citizens, our system of justice must be open to victims of crime. In the year 2020 and beyond, let us bring honor to victims and create a world where respect and dignity will be basic rights for everyone victimized by crime, and where those responsible for implementing the rights of victims are accountable for their actions. Attachment  Resolution Agenda Section Consent Item Number 6.6 City of New Hope Resolution No. 2020- Resolution proclaiming April 19-25 2020 as National Crime Victims’ Rights Week in the city of New Hope WHEREAS one violent crime is committed in America every 5 seconds and one property crime every 1.6 seconds; and WHEREAS 25.9 million Americans are victims of crime each year, and of those, 6.3 million are victims of violent crime; and WHEREAS despite the recent reduction in the rate of crime, far too many persons still suffer the impact of crime; and WHEREAS crime victims play an indispensable role in bringing offenders to justice; and WHEREAS victims of crime deserve respect, resources, restoration, and justice; and WHEREAS as we carry crime victims' rights into 2020 and beyond, we must bring honor to victims, while striving to create a world where the legal rights of victims are honored and government agencies are accountable for their treatment of victims; and WHEREAS despite significant progress in providing rights and services to crime victims over the past two decades, segments of our population are still under-served; and WHEREAS as a nation devoted to liberty and justice for all, America must increase its efforts to protect, restore, and expand crime victims' rights and services; and WHEREAS The city of New Hope is joining forces with victim service programs, criminal justice officials, and concerned citizens throughout Minnesota and America to observe National Crime Victims' Rights Week; NOW, THEREFORE BE IT RESOLVED that the City Council of the city of New Hope designates the week of April 19-25, 2020 as National Crime Victims' Rights Week in the city of New Hope; and NOW, THEREFORE BE IT FURTHER RESOLVED that the City Council of the city of New Hope reaffirms a commitment to respect and enforce victims' rights and address their needs during National Crime Victims' Rights Week in the city of New Hope, and throughout the year. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 13th day of April, 2020. Mayor Attest: City Clerk I:\RFA\HR & Admin Svcs\IT\Solution Builders\RFA - 2020 - 21 Agreement with Solution Builders to Provide IT Services for the City.docx Request for Action April 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: HR & Admin Services By: Rich Johnson, Director of HR & Admin. Services Agenda Title Resolution approving renewing the agreement with Solution Builders to provide information technology support services for the city effective May 1, 2020 to April 30, 2021 Requested Action Staff recommends the council approve the 2020– 2021 proposed agreement with Solution Builders. Policy/Past Practice In the past, the city has utilized the services of outside vendors to provide services to the city e.g. financial services, currently provided by Abdo, Eick & Meyers, LLP. Background In May 2015, the city transitioned from having an in-house IT Coordinator, to utilizing Solution Builders, Inc. as its information technology service provider. This arrangement has proven to be very cost effective and successful overall, as both city staff and Solution Builders have worked hand-in-hand to meet the city’s needs. The proposed contract is attached. Funding The cost for the one-year renewal is $144,562.56 which is an increase of $4,210.56 or 3% from the previous year. There is a clause in the current agreement (as well as the proposed agreement) which limits the annual increase to 3% year over year. Funding for this increase is included in the 2020 IT budget. Attachments  Resolution  Master Services Agreement between Solution Builders, Inc. and the City of New Hope  Addendum to the Master Service Agreement between Solution Builders, Inc. and the City of New Hope Agenda Section Consent Item Number 6.7 City of New Hope Resolution No. 2020 – Resolution approving renewing the agreement with Solution Builders to provide information technology support services for the city effective May 1, 2020 to April 30, 2021 WHEREAS, Solution Builders, Inc. currently provides Information Technology Services to the city; and WHEREAS, the current agreement ends April 30, 2020; and WHEREAS, an agreement was reached between the city and Solution Builders, Inc. to renew this agreement effective May 1, 2020 to April 30, 2021; and WHEREAS, a copy of the amendment to the agreement is on file; and NOW, THEREFORE, BE IT RESOLVED, by the City Council in and for the City of New Hope as follows: 1. The Mayor, City Manager and New Hope City staff are authorized and directed to sign all appropriate documents, and to take whatever additional actions are necessary or desirable, to complete the agreement between the City of New Hope and Solution Builders, Inc. Adopted by the New Hope City Council, Hennepin County, Minnesota, this 13th day of April, 2020. _____________________________________ Mayor Attest:____________________________________ City Clerk Master Services Agreement Master Service Agreement (“Agreement”) between Solution Builders, Inc. 3500 American Blvd W, Suite 50 Bloomington, MN 55431 AND City of New Hope, 4401 Xylon Ave N. New Hope, MN 55428 (“Client”) THIS AGREEMENT (“Agreement”) is made and entered into by Solution Builders, Inc. (“SBINC”) and Client (“Client”). Any Service Addendums (Addendum) and/or other Exhibits attached hereto are incorporated by reference and detail the term of the agreement, the service(s) provided, the fees and any other information about the service(s) to be provided by SBINC. Client agrees that the conditions and terms of this Agreement shall remain in effect on an ongoing basis for all future work and Addendums. 1. Solution Builders Hours and Rates: An Agreement provides for support services to be provided during normal business hours. Normal business hours are defined as being between the hours of 7:00 AM and 7:00 PM (Central Time), Monday through Friday excluding national holidays. The Normal Business Hours Rates below will be applied towards special projects completed outside the scope of the support plan chosen. Upon request from Client, SBINC will provide support services outside of normal business hours. The After-Hours Rates below will be applied towards after normal business hours, weekend and holiday support service requests. 2. Total Monthly Fees and Payment Terms : During the term of an Addendum, Client will pay fees to SBINC based on the Monthly Fees identified in the Addendum and all applicable taxes and any additional monthly amount that may be added during the term of the Addendum. Total Monthly Fees for each month are due at the beginning of each month. All fees will be subject to a finance charge of 1.5% monthly if not paid within 15 days. Failure of SBINC to assess the finance charge does not waive its right to retroactively assess the finance charge. 3. Support Scope Changes: Support option Addendums do envision some fluctuation in the support requirements of Client without an adjustment of the support fee. The following events will trigger an automatic review of the support budget amount: a. Increase in staff count of 10% or more during the term of the Addendum b. Decrease in staff count of 20% or more that is not related to seasonal staff level fluctuations c. Addition of remote office locations with permanent staff d. Support requirements resulting in an increase of 30% or greater in the annualized budget amount exclusive of capital expenses related to the buildout of the new City Hall/Police Department facility. e. At the time of renewal if there are no support scope changes an annual increase shall not exceed 3% of the previous term’s support fees. 4. End of Term/Automatic Renewal : At the end of the term of the Addendum, the Addendum will automatically renew for consecutive terms of the same duration as the term, unless terminated in writing at least sixty (60) days prior to the expiration of the then-current term. If Client allows the Addendum to expire, prompt payment must be made by the Client of any unpaid monthly fees due through the termination or expiration of the Addendum. 5. Early Termination : An Addendum may be terminated early by either party by submitting written notice of the intent to terminate the Addendum to the other party, at least sixty (60) days in advance of the termination date. The written request to terminate the Addendum must be followed by prompt payment by the Client of any unpaid monthly fees due through the termination date of the Addendum. 6. Default: In the event Client fails to pay charges accrued when due, SBINC reserves the right to withdraw further services. Upon default, Client agrees to pay all expenses of collection, including reasonable attorneys’ fees, whether or not legal action is commenced to collect the indebtedness. 7. Product Purchases/No Warranty : SBINC may, when requested by Client, resell products to Client in SBINC’s role as a reseller of computer and technology related equipment and software. SBINC MAKES NO WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. IN NO EVENT SHALL SBINC BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, OR DATA, OR LOSS OF USE BY CLIENT OR ANY THIRD PARTY, REGARDLESS OF WHETHER A CLAIM OR ACTION IS ASSERTED IN CONTRACT OR TORT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO SBINC IN ADVANCE OR COULD HAVE BEEN REASONABLY FORSEEN BY SBINC. Client Initials__________ Service Normal Business Hours Rates After-Hours Rates Workstation/Printer/Mobile Support $145 $217.50 Network/Server Support $175 $262.50 Router/Switch/Firewall Support $225 $337.50 Project Management $175 $262.50 Senior Project Management $255 $382.50 Minimum on-site support charge 1.5 hours 3 hours Minimum remote support charge .5 hours 2 hours Master Services Agreement 8. Limits of Liability : Client acknowledges that network and computer systems support is inherently complex and relies on the inter- operability of various software and hardware components from various manufacturers. Client understands that SBINC is not the manufacturer of said components and therefore SBINC is not a guarantor or insurer of the equipment or services rendered. Although SBINC is responsible to provide its best efforts, SBINC is not responsible for the in-operation of hardware or software systems. SBINC shall not be liable in any way for any delays in, or any failure of, services performed hereunder due to any wrongful or negligent act or omission of Client, or its employees and agents; and/or Client's failure to provide to or secure for SBINC as appropriate, reasonable access to Client's facilities, equipment and/or information as required by SBINC to meet its performance obligations under this Agreement. In furtherance and not in limitation of the foregoing, SBINC will not be liable in respect of any decisions made by Client as a result of the performance of services hereunder. SBINC IS PERFORMING THE SERVICES AND PROVIDING THE TECHNICAL INFORMATION ON AN "AS IS" BASIS AND SPECIFICALLY DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE USE BY CLIENT OF ANY DELIVERABLES. THE OBLIGATIONS AND LIABILITIES OF SBINC AND ITS AFFILIATES AS SET FORTH HEREIN ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY (COLLECTIVELY, "CLAIMS") IN TORT, CONTRACT, STATUTE, OR OTHERWISE, WHETHER OR NOT ARISING FROM NEGLIGENCE OF SBINC OR ITS AFFILIATES, ACTUAL OR IMPUTED. NO WARRANTIES (EITHER EXPRESS OR IMPLIED), REPRESENTATIONS, PROMISES OR STATEMENTS HAVE BEEN MADE BY SBINC OR ITS AFFILIATES UNLESS CONTAINED IN THIS AGREEMENT. NO WARRANTY, EXPRESS OR IMPLIED, IS MADE HEREIN THAT THE DELIVERABLES OR ANY PART ARE MERCHANTABLE, OR FIT OR SUITABLE FOR THE PARTICULAR PURPOSES FOR WHICH THE DELIVERABLES OR ANY PART THEREOF MAY BE ACQUIRED BY CLIENT. IN NO EVENT SHALL SBINC OR ITS AFFILIATES BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO LOSS OF DATA, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF EQUIPMENT, OR OTHER DOWN TIME COSTS, WHETHER CLAIMED BY REASON OF BREACH OF WARRANTY OR OTHERWISE, AND WITHOUT REGARD TO THE FORM OF ACTION IN WHICH SUCH CLAIM IS MADE. NOTWITHSTANDING ANYTHING CONTAINED HEREUNDER TO THE CONTRARY, THE TOTAL MAXIMUM LIABILITY OF SBINC HEREUNDER SHALL IN NO EVENT EVER EXCEED THE AMOUNTS THAT CLIENT HAS PAID SBINC OVER THE PAST 12 MONTHS FOR THE SPECIFIC WORK FOR WHICH CLIENT'S CLAIM AROSE. CLIENT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SBINC FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY SBINC ARISING IN CONNECTION WITH THE PERFORMANCE OF SERVICES EXCEPT SOLELY TO THE EXTENT RESULTING FROM THE WILLFUL OR KNOWING MISCONDUCT OF SBINC. In the event of any dispute by either party to the Agreement, both parties agree to a 60-day period to allow for resolution of any disputes. In the event that a dispute still exists, both parties agree to submit to binding arbitration to resolve the dispute. 9. Limits of Support Provided: An Agreement does not require SBINC to provide unlimited support for resolution of any network or computer related support need. SBINC is responsible to make a best effort in resolution of support issues. This Agreement shall not be construed to include support for or training on specific office productivity applications, line of business or vertical applications unless specifically requested by Client. 10. Remote Support Access Authorization: In addition to onsite support, and for the purposes of providing proactive monitoring, SBINC Support Staff and designates may access Client’s network remotely to resolve issues, perform maintenance, and monitor network systems. Client hereby authorizes SBINC and designates to access Client’s network remotely via an Internet connection or any other connection established for this purpose. 11. Data Backup and Recovery: Client acknowledges that Client is solely responsible for securing the integrity and preservation of Client’s data. Client is advised to backup all data stored on Client systems. Furthermore Client agrees that SBINC is not responsible for any loss of Client data which may be occasioned as a result of system hardware or software failure, or inadvertent human error. In the unfortunate event that data loss occurs, Client agrees that Client is responsible for all costs incurred for data recovery services if employed by Client. 12. Confidentiality: SBINC will not, and will cause its employees and contractors to not, at any time or in any manner, either directly or indirectly, use for the personal benefit of SBINC or divulge, disclose, or communicate in any manner any information that is proprietary to Client or Clients of Client. SBINC will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the expiration of the Agreement. By entering into this agreement, Solution Builders agrees that its employees must meet the requisite clearance requirements and the obtain the training necessary to access confidential police systems in conjunction with MN BCA/CJIS requirements. Client Initials ___________ Master Services Agreement 13. Permanent Hire: Client may at any time elect to make an offer of permanent employment to support personnel provided by SBINC, any SBINC employee or staff, or any contract personnel provided by SBINC. If an offer of permanent employment is accepted during an Addendum term or during twelve months following an Addendum term, a fee equal to one half of the first year total compensation amount of the support person being hired will be due to SBINC from Client on or before the 30th day after the start date of any such individual. 14. Governing Law: The Agreement shall be construed under and governed by the laws of the State of Minnesota. 15. Entire Agreement: This Agreement constitutes the entire Agreement and all Addendums, schedules and documents incorporated herein by reference contain the entire Agreement of the parties and there are no other promises or conditions in any other agreement, whether oral or written. 16. Severability: If any provision of the Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of the Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 17. Force Majeure: SBINC shall not be held liable for failure to perform its obligations under the Agreement when prevented from doing so by strike, lockout, breakdown, accident, order or regulation by any governmental authority, or because of war or other emergency, or for any other cause beyond their reasonable control. Agreement and Acceptance: I acknowledge that I have read this Master Services Agreement and all attached documents, understand them, and agree to be bound by their terms and conditions. For Client: City of New Hope Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ City Manager – Kirk McDonald Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ Mayor – Kathi Hemken SBINC: Solution Builders, Inc. Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ President – Daniel Melling Service Addendum to the Master Services Agreement This ADDENDUM (“Addendum”)is made to the Master Service Agreement (“Agreement”) between AND 1.Term of Addendum: This Addendum will begin on the 1st day of the month of May 2020 and continue for 12 consecutive months ending on April 30th, 2021, unless terminated earlier as provided herein. 2.Services Provided (see attached document for plan description) •Network Support •Dedicated Onsite Support •PD Remote Support Technology 3.Monthly Fees: 4.Support Scope: Agreement and Acceptance: I acknowledge that I have read this Addendum and all attached documents, understand them, and agree to be bound by their terms and conditions. For Client: Authorizing Signature: ________________________________________________ Date: ____________ Print Name:_______________________________________ Title: _____________________________ SBINC: Solution Builders, Inc. Authorizing Signature: ________________________________________________ Date: ____________ Print Name: _______________________________________ Title: _____________________________ CLIENT City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SBINC Solution Builders, Inc. 3500 American Blvd W, Suite 50 Bloomington, MN 55431 (Main) 952.854.8188 (Fax) 952.854.0864 Server Count Workstation Count Workstation Count (Annual High) 8 140 140 SBInc Plan Monthly Amount Annual Amount Network Support & Dedicated Onsite Support 2 days per week $12,046.88 $144,562.56 Network Support Support Services Provided ✓20% Discount for project labor ✓Setup and configuration of workstations, printers (network or local), cell phones and workstation attached peripherals is included with this Network Support Agreement. Support Services Not Included ✓Projects ✓Installation Labor for Projects (hardware and software) not falling into the included line above. ✓Any costs for Hardware, Software, Licensing Compliance Audits, or Infrastructure purchases or replacements ✓Major Operating System/Software/Firmware Upgrades ✓Non-Coordinated Client or Third Party System Modifications ✓Custom Programming Services ✓Microsoft Licensing Verification Audits ✓Third Party Support Fees Client Initials ___________ STRATEGY INFRASTRUSCTURE INFRASTRUSCTURE & SUPPORT SUPPORT Technology Consulting Proactive Technology Management Network Administration Reactive Support Services Dedicated Client Manager Centralized Services Dedicated Network Administrator Client Support Team ✓Technology Summary ✓Design Desk Resource ✓Budget Planning ✓Business Impact of Technology Decisions ✓Project Management ✓Patch Management ✓Anti-Virus Software ✓Spam Filtering Software ✓Desktop Optimization ✓Documentation ✓Backup Management ✓Network Health Reviews based on Best Practices ✓Centralized Service Report Review ✓Unlimited Support Desk Support ✓Unlimited Onsite Support ✓Unlimited Remote After-Hours Emergency Support ✓After-Hours Emergency Support for Critical Systems ✓Problem Isolation &Resolution ✓Tier1 LOB Application Support ✓“How To” Questions ✓Client Portal ✓Remote Support Framework Dedicated Onsite Support Features Provided ✓16 hours of monthly scheduled technician onsite time to address support issues in-person with client’s staff. ✓Specifically designed to overlap one hour of the Police Department shift. Client Initials ___________ I:\RFA\City Manager\2020\Liab And Wc Insur Renewal\Q-Insur Renewal 04.13.20.Docx Request for Action April 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk/Treasurer and Rich Johnson, Director of HR/Admin Services Agenda Title Motion approving renewal of insurance premiums for general liability, property damage, employee bond and worker’s compensation for the period April 20, 2020 through April 20, 2021 through the League of Minnesota Cities Insurance Trust (LMCIT) Requested Action Staff is requesting that Council pass a motion allowing the city to secure insurance coverage from the League of Minnesota Cities Insurance Trust (LMCIT) as summarized in the attached “Summary Recap”. Background This is the annual renewal of property and liability insurance and workers compensation coverage for the city. As in past years, the city’s insurance agent has assisted the city in checking markets and coverage, and recommends we continue coverage with the League of Minnesota Cities Insurance Trust as the rates provide less expensive premiums than private insurers. Property/Liability Coverage: The premium for the 2020-21 year is $189,767 (including the package policy and liquor liability) which is an increase of $29,653 from last year’s premium of $160,114. Property values increased by $11 million and is reflected in the “property” premium. The “municipal liability” category also increased due to the loss history (number of claims and the severity). The per occurrence deductible is $25,000 and the annual aggregate deductible is $125,000 (this was increased from $75,000 to $125,000 beginning in the 2011-12 coverage year to lower premium costs). Another change made in 2011 was coverage for city-wide street lights (considered property in the open and not covered unless specifically added to the policy). Years 2016, 2017, and 2018 are used to calculate the 2020-21 experience modification rate. The experience modification rate for 2020-21’s Property/Liability coverage is .914 (last year’s rating was .937). Workers Compensation Coverage: In 2016, the city moved from a $1,000 deductible to a $5,000 deductible to reduce its annual premium. The average premium savings has been approximately $10,000. By maintaining a $5,000 vs. a $1,000 deductible for this year, the premium savings will be approximately $11,000. Staff and the city’s insurance agent support maintaining the $5,000 deductible for 2020-21. The city’s experience modification rate for 2019-2020 was 1.05 and will decrease to .92 for 2020-2021. The experience modification is calculated using a 3-year period (2016-2019 for this renewal). Once again, the city qualifies for the 10% percent non-smoking discount for the police department’s portion of the workers compensation premium due to 90+% of the sworn officers being non-smokers. Agenda Section Unfinished & Org Business Item Number 11.1 The workers compensation policy premium for 2020-2021 is $232,755, an increase of $6,197 from last year’s premium of $226,558. Funding The overall cost for the insurance package (property, workers comp, liquor liability, open meeting law defense, faithful performance, and volunteer accident plan) is $422,522 (see attachment). This is lower than the 2020 budgeted amount of $449,888. The city periodically receives dividend checks, depending on the overall experience, and dividend checks favorably impact the budget. In 2019 the city received a dividend check for $6,755 based on the city’s share of $2.5 million property/casualty dividend. Cities should not rely on dividends for financial planning purposes. Attachment  Summary Recap I:\RFA\City Manager\2020\Liab insur waiver\Q-Insurance Waiver 04.13.20.docx Request for Action April 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk Agenda Title Motion to accept statutory limitations of $500,000 for individual claimant recovery for insurance provided by League of Minnesota Cities Insurance Trust (LMCIT) Requested Action Staff requests Council pass a motion to accept statutory limitations for individual claimant recovery of $500,000. Policy/Past Practice It is recommended the city follow past practice and not waive the statutory limitation which leaves the individual recovery amount at the lower amount. Background Cities with coverage through the League of Minnesota Cities Insurance Trust must indicate whether or not the city wishes to waive the monetary limits on tort liability established by M.S. 466.04. If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The per occurrence limit would be limited to $1,500,000. If the city waives the statutory tort limits, a single claimant could potentially recover up to $2,000,000 on a single occurrence. The estimated cost of premium increase for excess liability ($1,000,000 limit) is $32,000. Insurance premiums presented at this Council Meeting are based on not waiving the statutory limitation. If the city waives the monetary limits on tort liability, it would increase the exposure, and the city’s premium would increase substantially. Attachments  LMCIT Liability Coverage Waiver Form  Minnesota Statutes 466.04 Agenda Section Unfinished & Org Business Item Number 11.2 466.04 MAXIMUM LIABILITY. Subdivision 1.Limits;punitive damages.(a)Liability of any municipality on any claim within the scope of sections 466.01 to 466.15 shall not exceed: (1)$300,000 when the claim is one for death by wrongful act or omission and $300,000 to any claimant in any other case,for claims arising before January 1,2008; (2)$400,000 when the claim is one for death by wrongful act or omission and $400,000 to any claimant in any other case,for claims arising on or after January 1,2008,and before July 1,2009; (3)$500,000 when the claim is one for death by wrongful act or omission and $500,000 to any claimant in any other case,for claims arising on or after July 1,2009; (4)$750,000 for any number of claims arising out of a single occurrence,for claims arising on or after January 1,1998,and before January 1,2000; (5)$1,000,000 for any number of claims arising out of a single occurrence,for claims arising on or after January 1,2000,and before January 1,2008; (6)$1,200,000 for any number of claims arising out of a single occurrence,for claims arising on or after January 1,2008,and before July 1,2009; (7)$1,500,000 for any number of claims arising out of a single occurrence,for claims arising on or after July 1,2009; (8)twice the limits provided in clauses (1)to (7)when the claim arises out of the release or threatened release of a hazardous substance,whether the claim is brought under sections 115B.01 to 115B.15 or under any other law;or (9)$1,000,000 for any number of claims arising out of a single occurrence,if the claim involves a nonprofit organization engaged in or administering outdoor recreational activities funded in whole or in part by a municipality or operating under the authorization of a permit issued by a municipality. (b)No award for damages on any such claim shall include punitive damages. Subd.1a.Officers and employees.The liability of an officer or an employee of any municipality for a tort arising out of an alleged act or omission occurring in the performance of duty shall not exceed the limits set forth in subdivision 1,unless the officer or employee provides professional services and also is employed in the profession for compensation by a person or persons other than the municipality. Subd.1b.Total claim.The total liability of the municipality on a claim against it and against its officers or employees arising out of a single occurrence shall not exceed the limits set forth in subdivision 1. Subd.2.Inclusions.The limitation imposed by this section on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort. Subd.3.Disposition of multiple claims.Where the amount awarded to or settled upon multiple claimants exceeds the applicable limit under subdivision 1,paragraph (a),clauses (4)to (9),any party may apply to any district court to apportion to each claimant a proper share of the total amount limited by subdivision 1. Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 466.04MINNESOTASTATUTES20171 The share apportioned each claimant shall be in the proportion that the ratio of the award or settlement made to each bears to the aggregate awards and settlements for all claims arising out of the occurrence. History:1963 c 798 s 4;1976 c 264 s 1-3;1983 c 121 s 28;1983 c 331 s 2,3;1986 c 444;1989 c 325 s 50;1997 c 210 s 3,4;2006 c 232 s 2;2012 c 131 s 2,3 Copyright ©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2MINNESOTASTATUTES2017466.04 I:\RFA\City Manager\2020\12.1 Q - Upcoming Events.docx Request for Action April 13, 2020 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Title Exchange of communication between members of the city council Upcoming meetings and events: April 14 7:30 a.m. – District 281 Government Advisory Council Meeting (virtual via Zoom) No Citizen Advisory Commission Meeting April 16 8:30 a.m. – Bassett Creek Watershed Management Commission Meeting (conducted via Webex) April 20 6:30 p.m. – City Council Work Session (canceled) April 22 6:30 p.m. – West Metro Fire-Rescue District Board of Directors Meeting (conducted via Webex) April 27 7 p.m. – City Council Meeting Agenda Section Other Business Item Number 12.1