The URL can be used to link to this page

Home My WebLink AboutCCAgen_06Apr12 CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA April 12, 2006 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: GEHRZ ____ KUETTEL ____ HARRIS ____ LINDSTROM ____ TALBOT _____ WORTHINGTON _____ KREUSER_____ C. PRESENTATION: D. APPROVAL OF MINUTES: March 22, 2006 TAB 1 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 4/6/06: $121,691.94 Payroll through 3/31/06: $13,901.73 TAB 2 2. 2006 License Approval TAB 3 3. Joint Cooperation Agreement with Ramsey County HRA TAB 4 4. Award bid for Roselawn Ave Reconstruction TAB 5 5. Award bid and order improvement for Contract C Improvements TAB 6 G. POLICY AGENDA: 1. Consideration of contract with Saint Anthony Village for police services TAB 7 2. ADDENDUM: Consideration of a contract with the Aimee Gourlay of the Mediation Center for Dispute Resolution at Hamline University TAB 8 H. COMMUNITY FORUM: I. INFORMATION/ANNOUNCEMENTS: J. ADJOURN: City of Falcon Heights Regular Meeting of the City Council March 22, 2006 Members present: Mayor Gehrz, Council members Talbot, Lindstrom and Harris, City Administrator Worthington, Assistant City Administrator/Deputy Clerk Kreuser, various city commissioners. Members absent: Council member Kuettel Mayor Gehrz called the meeting to order at 7:00 p.m. Presentations: The Neal Kwong Youth Citizenship Awards were given to Kelsey McCoy in the 12-15 age group and Christina Vernon in the 16-19 age group. Laura Kwong and Alan Kwong awarded the teens and thanked them for their service to the City. Both winners also made short speeches about why volunteering is so important. Mayor Gehrz closed by congratulating Ms. McCoy and Ms. Vernon on their great work to the City. The minutes from the March 8, 2006 city council meeting were approved. Consent Agenda: Council member Lindstrom moved to approve the following four items. The motion passed unanimously. 1. General Disbursements through 3/16/06: $94,702.99 Payroll through 3/15/06: $14,388.66 2. Approval of licenses 3. Approval of renewal contract with SafeAssure Consultants, Inc. for OSHA training and safety management 4. Resolution 06-08 prohibiting parking on Roselawn Avenue Policy Agenda: The Mayor asked for a brief report from the five city commissions and stated the reports were a chance for the council to recognize their hard work over the past year. 1. Parks and Rec Commission – Chair Chuck Long. Commissioner Jim Albans was also present. Commissioner Long announced the parks and recreation programs are growing, with yoga a very popular addition this year. He stated the City has gotten requests for more early childhood programs. In the past year, Long said the commission has re-vamped the field use policy and fee structure for rentals. Lastly, he thanked City staffers Greg Hoag and Lisa Anderson for their work with the commission. 2. Planning Commission – Chair Pat Ryan. Commissioners Rich Rodich and Jim DeLeo were also present. Commissioner Ryan stated the main project has been the zoning ordinance and various variance requests over the past year. He said the recodification will be on the front burner in the coming year, along with the drive- through study. 3. Neighborhood Commission – Chair Robert Thompson. Commissioners Kris Grangaard and Laura Kwong were also present. Commissioner Thompson thanked Grangaard for her years of service as chair of the commission, but stated he is so glad she is still on the commission as a member. Thompson added Dan Johnson Powers and Sue Majerus have stepped down, so the commission would be happy to take applications for new members. Thompson said the commission is currently working on a success measures plan and will hopefully bring it before the council in the next couple months. He summarized the events in 2006 so far by telling the council about the pandemic flu training and the CERT/liaison get- together back in January. Commissioner Kwong added the commission has been putting together a “Treasures of Falcon Heights City Tour” to be held May 13, 2006 featuring various architectural and public buildings in the City. 4. Human Rights Commission – Commissioner Colette Campbell-Stewart Commissioner Campbell-Stewart stated the commission has been busy working on a bias/hate response plan. She added a brochure has been printed to share with residents. The joint meeting in January with the CERT/liaison groups was a good time to focus on the changing demographics of the City, and she stated the commission is currently working on getting the brochure out to everyone. 5. Environment Commission – Commissioner Susan Harding Commissioner Harding stated the commission is busy gathering information on several projects including the Bell Museum, the community garden, and water issues including run-off. She added the commission is looking for new members. Information/Announcements: Council member Talbot notified residents of the Communications Commission scholarships available. Applications will be taken through April 14, 2006. Mayor Gehrz announced the process for the hiring of a new city administrator that was decided on during the March 16, 2006 special council meeting. She asked for residents input on the interview questions. Mayor Gehrz adjourned the formal meeting at 8:10 p.m. and the commissioners present retired to the back of the chambers to talk about the comp plan update. Comp Plan Discussion: Jim Solem gave extensive background on the Met Council and the reasoning and history of comprehensive planning. Commissioners then were given an update on the process for the updating by Mayor Gehrz and Administrator Worthington. The commissioners will be sent a copy of the current plan, and they are encouraged to make suggestions on the sections that are of interest to their commission. Respectfully submitted, Stacey Kreuser Assistant City Administrator/Deputy Clerk CONSENT F1 4/12/06 ITEM: Disbursements and Payroll SUBMITTED BY: Roland O. Olson, Finance Director REVIEWED BY: Heather Worthington, City Administrator EXPLANATION: 1. General Disbursements through 4/6/06: $121,691.94 2. Payroll through 3/31/06: $13,901.73 ATTACHMENTS: • General Disbursements • Payroll ACTION REQUESTED: • Approval DATE 04/06/06 TIME 01:18 CITY OF FALCON HEIGH COUNCIL REPORT APPROVAL OF BILLS PERIOD ENDING:_4-6-06 PAGE 1 CHECK#VENDOR NAME DESCRIPTION DEPT.AMOUNT GREATER METROPOLITAN LEAGUE MN CITIES INS TRST ***TOTAL 06 HOUSING RESOURCE 06 OPEN MEETING LAW FOR DEPT 11 CTR LEGISLAT 5,000.00 LEGISLAT 413.00 5,413.00 481.96 99.33 104 .14 149.09 91.90 256.78 32.58 63.19 15.88 9.35 25.05 4,431.00 16,124.00 361.00 18.00 74.53 25.00 22.25 1,891.98 55.00 ALLEGRA PRINT &IMAGING ALLEGRA PRINT &IMAGINGALLEGRAPRINT&IMAGINGAMERICANOFFICEPRODUCTSAMERICANOFFICEPRODUCTSAMERICANOFFICEPRODUCTSAMERICANOFFICEPRODUCTSANDERSON, LISA CASH CASHSTACEY KREUSERLEAGUEMNCITIES INS TRSTLEAGUEMNCITIESINSTRSTLEAGUEMNCITIESINSTRSTMETROPOLITANAREAMANAGE-MINNEAPOLIS PAPER COMPANYMUNICI-PALSOLSON,ROLAND61721PERAWORTHINGTON,HEATHERTOTAL ENVELOPES/BULK MAILING CAFR REPORT COVERS BUSINESS CARDS-STACEY LASER CARTRIDGE:PRINTER LASER CARTRIDGE PENS/PADS/CALCULATOR/POS GLUESTICKS/TAPE 1ST QTR MILEAGE REIMB CERTIFIED POSTAGE&STAMPS 1ST Q MILEAGE REIMB PAT REIMB:AWARD CEREMONY EXP 06 EXCESS LIABILITY INS 06 GEN CITY LIABILITY 06 EMPLOYEE DISHONEST BD MAMA NOON MEETING EXPS LASER/COPY PAPER 06 MEMBERSHIP 1ST QTR MILEGE REIMB MAR 31ST PERA WITH REIMB:CANCELLED REGISTRA FOR DEPT 12 ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST ADMINIST 24,332.01 AWARDS BY HAMMOND CASH CASH NORTH SUBURBAN ACCESS CITY OF ROSEVILLE CITY OF ROSEVILLE KERN,DEWENTER,VIERE LTD INTERIM AUDIT FEE *.*TOTAL FOR DEPT 13 NEAL KWONG AWARD ENGRAVG PINE CONES FOR DEAD WTR TICKETS/PLASTIC SUPPLIES CO.REIMB:MAUREEN CABLE WORK APR/06 TECH SUPPORT APR/06 IP TELEPHONY TOTAL FOR DEPT 16 FINANCE 11,000.00 11,000.00 COMMUNIC 15.61 COMMUNIC 17.04 COMMUNIC 9.56 COMMUNIC 180.00 COMMUNIC 725.00 COMMUNIC 208.33 1,155.54 61719 61720 61722 FIRE MARSHALS ASSOC OF MN GOVERNMENT TRAINING SERVo MN NCPERS LIFE INSURANCE PAKOY,GENE CORNEJO CONSULTING TOTAL 2006 MEMBERSHIP COMPREHENSIVE PLAN CONF APR/06 JONES INSURANCE 1ST QTR MECHANlCALS MORATORIUM:DRlVE THRU FOR DEPT 17 PLANNING 45.00 PLANNING 125.00 PLANNING 16.00 PLANNING 2,875.60 PLANNING 1,360.00 4,421.60 XCEL ENERGY NEXTEL COMMUNICATIONS,INC NEXTEL COMMUNlCATIONS,INC NEXTEL COMMUNlCATIONS,INC *••TOTAL ELECTRICITY CELL PHONE CELL PHONE CELL PHONE FOR DEPT 21 EMERGENC EMERGENC EMERGENC EMERGENC 86.45 7.46 14.01 19.14 45.84 CITY OF ST ANTHONY APRIL/06 POLICE SVCS TOTAL FOR DEPT 22 POLICE 41,035.08 41,035.08 JACK J AUGER SR FIRE INSPECTION MILEAGE FIRE FIG 6.68 DATE 04/06/06 TIME 01:18 CITY OF FALCON HEIGH COUNCIL REPORT APPROVAL OF BILLS PERIOD ENDING:_4-6-06 PAGE 2 CHECK#VENDOR NAME DESCRIPTION DEPT.AMOUNT AMERIPRIDE LlNEN&APPAREL LINEN CLEANING FIRE HALL FIRE FIG 26.75 AMERICAN OFFICE PRODUCTS HP INKJET CARTIDGES FIRE FIG 90.48 CITY OF ST PAUL REPAIR TURNOUT COAT FIRE FIG 69.33 FIRE EQUIPMENT SPECIALTIE SCBA REPAIRS FIRE FIG 188.95 PATRICK GAFFNEY REIMB:FIRESCHOOL ROCHSTR FIRE FIG 251.94 DEEP ROCK WATER COMPANY H20 &COOLER RENTAL FIRE FIG 40.00 HINRICHS,RICH 1ST QTR FIRE HALL CLEANG FIRE.FIG 325.00 HENN TECH COLLEGE HAZMAT OPERATIONS TNG FIRE FIG 544.34 LEAGUE MN CITIES INS TRST 06 FIRE BLDG/CONTENTS FIRE FIG 881.00 LEAGUE MN CITIES INS TRST 06 FIRE VEHICLES(LIAB&PH FIRE FIG 10,673.00 METRO FIRE SCBA FACE MASKS REPAIRS FIRE FIG 971.60 MN VETERINARY MED ASSOC BASIC ANIMAL RESCUE TNG FIRE FIG 300.00 OXYGEN SERVICE COMPANY BREATHING AIR 3 TANKS FIRE FIG 88.54 RAMSEY CTY FIRE CHIEFS FIRE CHIEFS/ANNUAL BANQ FIRE FIG 105.00 FIREHOUSE MAGAZINE 2YR SUBSCRIPTIONS FIRE FIG 52.00 NEXTEL COMMUNlCATIONS,INC CELL~PHONES FIRE DEPT FIRE FIG 153.19 ***TOTAL FOR DEPT 24 14,767.80 ALLIED WASTE SERVICES SOLID WASTE CHARGESCITYHAL298.90 ALLIEDWASTESERVICES COUNTY CEC CHRGSCITYHAL157.91 ALLIEDWASTESERVICES SOLID WASTE MGMT TAXCITYHAL50.65 HOAG, GREG REIMB:MARCH MILEAGECITYHAL82.77 BOARDOFWATERCOMMISSNRSH2O CITY HAL1.72 BOARDOFWATERCOMMISSNRSS.S. CITY HAL1.53 CASH MOUSE TRAPS/KITCHEN SUPP CITY HAL26.97 CINTASCORPORATION#470 RUG SVC CITY HALLCITYHAL 79.3~2separateinvoices CINTASCORPORATION#470 RUG SVC CITY HALLCITYHAL79.30./DEEPROCKWATERCOMPANY H20 &COOLER RENTALCITYHAL41.25 LEAGUEMNCITIESINSTRST06/CITYHALLBLDG/CONTNTCITY HAL 881.00 LEAGUEMNCITIESINSTRST06PAVILION CITY HAL495.00 LEAGUEMNCITIESINSTRST06MOBILEPROPERTY CITY HAL1,342.00 XCELENERGY GASCITY HAL660.33 SAMSCLUBDISCOVERCARD 06 SAM'S CLUB MEMBERSHIP CITY HAL35.00 SUBURBANACEHARDWARE FASTENERS AND GLASSCITYHAL25.44 TERMINIX PEST CONTROL CITY HALLCITYHAL47.93 NEXTELCOMMUNICATIONS,INCCELLPHONE CITY HAL14.01 ***TOTALFORDEPT31 4,321.01 18.16 1,797.00 708.00 436.81 7.97 31.64 33.06 46.25 102.55 16.44 19.14 CASH LEAGUE MN CITIES INS TRST LEAGUE MN CITIES INS TRST M-R SIGN COMPANY INC XCEL ENERGY XCEL ENERGY XCEL ENERGY OREILLY AUTO PARTS SCHARBER &SONS SUBURBAN ACE HARDWARE NEXTEL COMMUNlCATIONS,INC ***TOTAL TRACTOR FILTER/JD 06 STREET LIGHTS 06 OTHER VEHICLS(LIAB&PH STREET SIGNS ELECTRICITY ELECTRICITY ELECTRICITY EXHAUST TAILPIPE/JD 4310 JD REPAIR PARTS FASTENERS CELL PHONE FOR DEPT 32 STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS 3,217.02 BOARD OF WATER COMMISSNRS H20 BOARD OF WATER COMMISSNRS S.S PARK &R PARK &R 46.26 26.04 DATE 04/06/06 TIME 01:18 CITY OF FALCON HEIGH COUNCIL REPORT APPROVAL OF BILLS PERIOD ENDING:4-6-06 PAGE 3 ~HECK#VENDOR NAME DESCRIPTION DEPT.AMOUNT LEAGUE MN CITIES INS TRST 06 PARKS BLDG/CONTENTS PARK &R5,129.00 LEAGUEMNCITIESINSTRST06GROVEPLAYGROUNDEQUP PARK &R 344.00 LEAGUEMNCITIESINSTRST06GAZEBOCURTISSFIELD PARK &R248.00 XCELENERGY ELECTRICITYPARK&R26.37 XCELENERGY ELECTRICITYCOMMPKPARK&R726.45 SCHARBER&SONS JD REPAIR PARTSPARK&R102.46 SUBURBANACEHARDWARE PAINT ROLLERS/FUEL STABL PARK &R36.07 QWEST PARKS TELEPHONEPARK&R111.28 NEXTELCOMMUNICATIONS,INCCELLPHONE PARK &R16.15 NEXTELCOMMUNICATIONS,INCCELLPHONE PARK &R16.15 ***TOTALFORDEPT41 6,828.23 ANDERSON,LISA CASH 3 RECREATION CLAY PROJECT ***TOTAL FOR DEPT 50 BOOKS PARK PRO KILN FIRING PARK PRO 96.55 64.43 32.12 WASTE MANAGEMENT-BLAINE MAR/06 RECYCLING ***TOTAL FOR DEPT 56 SOLID WA 2,592.80 2,592.80 AMERICAN OFFICE PRODUCTS OFFICE SHREDDERGENERAL468.07 HEWLETTPACKARD HP 2420 LASERJET PRINTER GENERAL883.95 ***TOTALFORDEPT63 1,352.02 FIREEQUIPMENTSPECIALTIE4FIREHOSES FIRE &R435.00 FIREEQUIPMENTSPECIALTIESOFTSUCTIONHOSE FIRE &R214.97 ***TOTALFORDEPT64 649.97 MUSKA ELECTRIC DISCONNECT SCHL RINK BLD PUBLIC W 135.00 ***TOTAL FOR DEPT 65 135.00 XCEL ENERGY ELEC~LIFT STATIONSANITARY25.33 FASTSIGNS CITY NAME&LOGO-NEW TRKSANITARY224.25 NEXTELCOMMUNICATIONS,INCCELLPHONE SANITARY38.28 ***TOTALFORDEPT75 287.86 ***TOTAL FOR BANK 01 ***GRAND TOTAL *** 121,691.94 121,691.94 PERIOD END DATE 03/31/06 "FILE NOT UPDATED"PAGE SYSTEMDATE03/30/06 C H E C K REG 1ST E R CHECK CHECKEMPLOYEE NAME CHECKCHEC TYPE DATENUMBER NUMBERAMOU!\ COM 3 30 06 6 SUSANGEHRZ625335.5? COM 3 30 0612 LAURA A.KUETTEL625342/1.O~ COM 3 30 0613 PETER C.LINDSTROM625352/1 .O~ COM 3 30 0614 RICHARD PTALBOTJR62536?O~ COM 3 30 0616 PAMELA M.HARRIS62537277.0: COM 3 30 0634 CLEMENTKURHAJETZ62538340.0~ COM 3 30 0640 KEVINANDERSON6253960.0: COM 3 30 0674 MARK JALLEN62540184.7( COM 3 30 0691 RICHARD HHINRICHS6254166.3: COM 3 30 0697 PATRICKGAFFNEY6254292.3: COM 3 30 0698 BRADLEY J.REZNY6254391.1: COM 3 30 061003 HEATHERWORTHINGTON625462126.1: COM 3 30 061007 PATRICIAPHILLIPS62547519.1' COM 3 30 061008 STACEY T.KREUSER625481185.1: COM 3 30 061015 GREGORY R.HOAG625491802.61 COM 3 30 061016 LISA A.ANDERSON625501090.5' COM 3 30 061033 DAVETRETSVEN625511341.6' COM 3 30 061035 JOSEPH J.AUGER SR62552236.1. COM 3 30 061038 DEBORAH KJONES625531243.0: COM 3 30 061136 ROLAND 0OLSON625541470.0' COM 3 30 061140 ROBERT MPILGRIM62555349.0 COM 3 30 061143 COLIN BCALLAHAN62556750.5. COM 3 30 062012 KIMBERLY A.KUHENS6255762.3 COM 3 30 062046 ANDREA L.ROTHMAN6255846.7 COMPUTERCHECKS 13901.7 MANUALCHECKS .0 NOTICESOFDEPOSIT .0 **··TOTALS**** 13901.7 r~1E~~¥.~~!~@~t~fi~~~;~,~;~;;::tli:::~~~;;~ttlf~!t'~~A~", $0.00 $0.00 ..$0.00 $OJJO :~Accep!l!d At oWi "Millioii ..locatiOns ~You see .~ .~.::;.;:~.>.~:..~:."'.'. O'~·~·.·... z.OO~H-·~~.~-·CIU~H .~~~,~~~ I I I 6709 0007 EEG 1 7 23 060323 Page 1 of 2 6213 1000 8201 01AS6709 22275 CONSENT F2 04/12/06 ITEM: 2006 License Approval SUBMITTED BY: Stacey Kreuser, Assistant City Administrator/Deputy Clerk EXPLANATION: The following businesses have applied for mechanical contractor’s licenses for 2006. City staff has obtained the necessary documents for licensure. • Key Metalcraft • TLT Enterprises The following business has applied for a tree trimming license for 2006. City staff has obtained the necessary documents for licensure. • All Season’s Tree & Snowplowing, Inc. CONSENT F3 4/12/06 ITEM: Joint Cooperation Agreement with Ramsey County HRA SUBMITTED BY Heather Worthington, City Administrator EXPLANATION: Summary: 21 years ago, the U.S. Department of Housing and Urban Development determined that Ramsey County would be eligible to become an Entitlement Urban County and receive an annual allocation of Community Development Block Grant (CDBG) dollars in excess of one million dollars. Sixteen suburban communities have chosen to participate in the agreement process over the past 18 years, thus ensuring that a guaranteed annual allocation would be earmarked for the County and those suburban municipalities that desire to actively participate in the program. Recently, HUD notified Ramsey County that in order to remain eligible to continue in the federal program, a new cooperation agreement incorporating all the amendments of the past agreements must be executed. The eligibility and the actual dollar amount is based on the population accumulated through the number of jurisdictions that join. Since 1985, Falcon Heights has signed cooperation agreements with the County to ensure eligibility. ATTACHMENTS: • Joint Cooperation Agreement with Ramsey County HRA ACTION REQUESTED: • Authorize City Administrator to execute new cooperation agreement. AMENDED AND RESTATED JOINT COOPERATION AGREEMENT This Agreement ("Agreement")is between the Ramsey County Housing and Redevelopment Authority ("Authority")and ("Municipality"),each a political subdivision of the State of Minnesota,and is made pursuant to Minnesota Statutes, Section 471.59,as amended. WHEREAS Title I of the Housing and Community Development Act of 1974,42 U.S.c. §5301 et seq.,as amended,("CDBG Act")provides for a program of community development block grants;and. WHEREAS,computation of a county's population as an Urban County may include persons residing in units of general local government within the county with which it has entered into cooperative agreements to undertake or to assist in the undertaking of essential activities pursuant to community development block grants;and WHEREAS,Ramsey County,Minnesota qualifies as an "Urban County"as that term is used in the CDBG Act and is eligible to receive corrimunity development block grant funds;and, WHEREAS,the HOME Investment Partnerships Act,Title II of the Cranston-Gonzalez National Affordable Housing Act,42 U.S.c.§12701 et seq.,as amended ("HOME Act") provides for support for affordable housing activities;and WHEREAS,Ramsey County is a member of the Anoka,Dakota,Ramsey,and Washington Counties HOME Consortium ("Consortium")formed pursuant to the HOME Act; and WHEREAS,Pursuant to a Joint Powers Agreement executed May 4,1993,the Authority assumed all rights and duties of Ramsey County related to the administration of CDBG and RESTATED JOINT COOPERATION AGREEMENT Page 1 of7 HOME funds received ITom the United States Department of Housing and Urban Development ("HOD"). Now,Therefore,the Parties agree: 1.DEFINITIONS For the purposes of this Agreement,the terms defined in this section have the meanings given to them: "Act"means either the CDBG Act or the HOME Act,or both,depending upon the context. "CDBG Regulations"means those regulations at 24 C.F.R.Part 570,as amended. "Cooperating Community"means any city,town,or township in Ramsey County which has entered into a Cooperation Agreement,as amended,substantially similar to this Agreement and its Amendments. "HOME Regulations"means those regulations at 24 C.F.R.Part 92,as amended. "Regulations"means either the CDBG Regulations or the HOME Regulations,or both, depending upon the context. 2.SCOPE The Authority and Municipality will cooperate to undertake or assist in undertaking community renewal and low and moderate income housing assistance activities and other eligible activities authorized by the CDBG Act and HOME Act. RESTATED JOINT COOPERATION AGREEMENT Page 2 of7 The Authority and Municipality will cooperate in establishing priorities and in preparation of the application for a grant.The Authority will prepare and submit to HUD and appropriate reviewing agencies,all necessary applications for a basic grant amount under the CDBG Act and the HOME Act. In preparing the grant application and allocating grant funds received,the Authority will consider projects proposed by the Municipality.The Authority reserves the right to propose projects which are both consistent with the mutually established goals,needs and priorities and within its statutory implementation authority.No Municipality shall be required to propose a proj ect. The Authority shall have final responsibility for selecting projects and will distribute to the Municipality such funds as are determined appropriate for the Municipality to use in implementing a project.The Authority may implement projects within the Municipality as are determined appropriate by the Authority. 3.TERM The term of this Agreement is for Federal Fiscal Years 2007 -2009.The Agreement remains in effect until the CDBG and HOME funds and program income received with respect to activities carried out during the initial three year qualification period,and any successive qualification periods,are expended and the funded activities completed.Neither the Authority nor the Municipality may terminate or withdraw from this Agreement during that period~ This Agreement will be automatically renewed for participation in successive three year qualification periods,unless the Authority or the Municipality provide written notice it elects not to participate in a new qualification period.By the date specified in BUD's urban county REST A TED JOINT COOPERATION AGREEMENT Page 3 of7 qualification notice for the next qualification period,the Authority will notify the Municipality in writing of its right not to participate. Both the Authority and Municipality are required to adopt any amendment to this Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three year urban county qualification period.Failure to adopt the necessary amendment will void the automatic renewal for such qualification period. 4.MISCELLANEOUS PROVISIONS A.The CDBG Act and CDBG Regulations are incorporated herein by reference.The HOME Act and HOME Regulations are incorporated herein by reference. B.Nothing in this Agreement shall be construed to prevent or otherwise modify or abrogate the right of the Authority or Municipality to submit individual applications for discretionary funds in the event Ramsey County does not receive designation as an Urban County entity under the CDBG Act C.Nothing in this Agreement shall preclude the Municipality from establishing a Municipal Housing and Redevelopment Authority pursuant to Minnesota Statutes,Chapter 469. D.In the event that there is a revision of the Act and/or Regulations which would make this Agreement out of compliance with the Act or Regulations,both parties will review this Agreement to renegotiate those items necessary to bring the Agreement into compliance. E.The Municipality shall indemnify,hold harmless,and defend the Authority,Ramsey County,their officials,agents,and employees against any and all liability,losses,costs, damages,expenses,claims or actions,including attorney's fees,which the Authority, Ramsey County,their officials,agents,or employees may hereafter sustain,incur or be RESTATED JOINT COOPERATION AGREEMENT Page 4 of7 required to pay,arising out of or by reason of any act or omission of the Municipality,its officials,agents or employees,in the execution,performance,or failure to adequately perform its obligations pursuant to this Agreement. F.The Authority shall indemnify,hold harmless and defend the Municipality,its officials, agents,and employees against any and all liability,losses,costs,damages,expenses, claims or actions,including attorney's fees,which the Municipality,its officials,agents, or employees may hereafter sustain,incur or be required to pay,arising out of or by reason of any act or omission of the Authority,its officials,agents or employees,in the execution,performance,or failure to adequately perform its obligations pursuant to this Agreement. G.Nothing in this Agreement shall constitute a waiver by the Authority,Ramsey County,or the Municipality of any statutory or common law immunities,limits,or exceptions on liability. H.The Authority and the Municipality shall maintain financial and other records and accounts in accordance with the requirements of the Act and Regulations.Such records and accounts will be in such form as to permit the Authority to prepare required reports and to permit the tracing of grant funds and program income to final expenditure. 1.The Authority and the Municipality agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials.Such records shall be retained as provided by law,but in no event for a period ofless than six years from the date of completion of any activity funded under the Act or less than three years from the last receipt of program income resulting from activity implementation.The Authority shall RESTATED JOINT COOPERATION AGREEMENT Page 5 of7 perfonTI a1l audits of the basic grant amounts and resulting program income as required under the Act and Regulations. 1.A1l projects undertaken pursuant to this Agreement sha1l be subject to home rule charter provisions,assessment,planning,zoning,sanitary,and building laws,ordinances and regulations applicable to the Municipality in which the project is situated. K.The parties further agree that pursuant to 24 CFR 570.501 (b),the Municipality is subject to the same requirements applicable to subrecipients,including a written agreement as set forth in 24 CFR 570.503. L.By executing this Agreement the Municipality understands that it: 1.may not apply for grants from appropriations under the Sma1l Cities or State CDBG Programs for fiscal years during the period in which it participates in the Authority's CDBG program;and 2.may participate in a HOME Program only through the Authority.If Ramsey County does not receive a HOME fOnTIulaa1location,the Municipality may not fOnTIa HOME consortium with other units of general local government. M.Both the Authority and Municipality are obliged to take all actions necessary to assure compliance with Ramsey County's certification required by section 104(b)ofTitIe I of the Housing and Community Development Act of 1974,as amended,including Title VI of the Civil Rights Act of 1964,the Fair Housing Act,section 109 of Title I of the Housing and Community Development Act of 1974,and other applicable laws.The Authority is prohibited .tTom funding for activities,in or in support of,any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes its actions to comply with its fair housing certification. N.The Municipality has adopted and is enforcing: RESTATED JOINT COOPERATION AGREEMENT Page 6 of7 1.a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2.a policy of enforcing applicable State and local laws against physicaJJy barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. RAMSEY COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: David Twa Ramsey County Manager Dated: APPROVED AS TO FORM Harry D.McPeak Assistant Ramsey County Attorney This Document Drafted By: Office of the Ramsey County Attorney St.Paul,Minnesota REST A TED JOINT COOPERA nON AGREEMENT Page 7 of7 Dated: MUNI CIP ALITY By: Its: CONSENT F4 4/12/06 ITEM: Award Bid for Roselawn Ave Reconstruction SUBMITTED BY: Deb Bloom, City Engineer REVIEWED BY: Heather Worthington, City Administrator Background: On January 30, 2006, the City Council approved the plans and specifications for the Roselawn Avenue reconstruction project. This project is a shared project with the City of Roseville and is the complete reconstruction of the road between Snelling Avenue and Hamline Avenue. Roseville and Falcon Heights staff opened bids for this project on Wednesday, March 22, 2006 at 3:00 pm. Based on past practice, the City Council has awarded the contract to the lowest responsible bidder. In the case of Roselawn Avenue Reconstruction, the lowest bidder is Forest Lake Contracting of Forest Lake, Minnesota. We received five bids for Roselawn Avenue Reconstruction. The low bid submitted by Forest Lake Contracting, $837,872.05, is 20% lower than the Engineer’s construction estimate of $997,164.00. The following is a list of the bids received: BIDDER AMOUNT Forest Lake Contracting $837,872.05 Palda & Sons $856,341.41 T. A. Schifsky and Sons, Inc. $862,949.65 Frattalone Companies $992,212.92 Park Construction $1,055,872.81 ATTACHMENT: Resolution 06-09 ACTION REQUESTED: Approval of a resolution, awarding bid for Roselawn Avenue Reconstruction project in the amount of $837,872.05 to Forest Lake Contracting of Forest Lake, Minnesota. CITY OF FALCON HEIGHTS COUNCIL RESOLUTION No: 2006-09 April 12, 2006 AWARDING BIDS FOR ROSELAWN AVE RECONSTRUCTION WHEREAS, pursuant to advertisement for bids for the improvement, according to the plans and specifications thereof on file in the office of the Administrator of said City, said bids were received on Wednesday, March 22, 2006, at 3:00 p.m., opened and tabulated according to law and the following bids were received complying with the advertisement: BIDDER AMOUNT Forest Lake Contracting $837,872.05 Palda & Sons $856,341.41 T.A. Schifsky and Sons, Inc. $862,949.65 Frattalone Companies $992,212.92 Park Construction $1,055,872.81 WHEREAS, it appears that Forest Lake Contracting of Forest Lake, Minnesota, is the lowest responsible bidder at the tabulated price of $837,872.05 and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. The Mayor and Administrator are hereby authorized and directed to enter into a contract with Forest Lake Contracting, for $837,872.05 in the name of the City of Falcon Heights for the above improvements according to the plans and specifications thereof heretofore approved by the City Council and on file in the office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids except the deposits of the successful bidder and the next lowest bidder shall be retained until contracts have been signed. Approved: ________________________ Susan L. Gehrz, Mayor April 12, 2006 GEHRZ ____ In Favor Attested: _________________________ KUETTEL Heather M. Worthington H A R R I S C i t y A d m i n i s t r a t o r LINDSTROM April 12, 2006 TALBOT ____ Against CONSENT F5 4/12/06 ITEM: Award of 2006 Contract C SUBMITTED BY: Deb Bloom, City Engineer REVIEWED BY: Heather Worthington, City Administrator Greg Hoag, Parks and Public Works Director EXPLANATION: Summary: The City of Roseville’s 2006 Contract C consists of Mill and Overlay, reconstruction, and sidewalk work. They have included the City of Falcon Heights maintenance projects as a part of this comprehensive maintenance contract. These projects are; St. Mary’s Street reconstruction, Ties Sidewalk replacement, and sidewalk and curb replacement. Bids were solicited during the month of April. The bids were opened on Wednesday, April 5, 2006. Based on the bids received, staff recommends awarding the maintenance work to Hardrives, Inc. of Rogers, Minnesota. Roseville received five bids for 2006 Contract C. The low bid submitted by Hardrives, Inc., $736,217.92, is 13% lower than the Engineer’s construction estimate of $848,689.95. The following is a list of the bids received: BIDDER AMOUNT Hardrives, Inc. $736,217.92 Midwest Asphalt, Inc. $821,238.14 North Valley, Inc $887,033.18 T.A. Schifsky and Sons, Inc. $899,720.19 A breakdown of the costs for the portion of the work that is within Falcon Heights: Engineer’s estimate Low Bid St. Mary’s Reconstruction $17,259.50 $15,241.53 Ties Sidewalk $28,826.40 $25,826.40 Sidewalk and curb replacement $12,500 $11,425 Total $58,585.90 $52,492.93 ATTACHMENT: Resolution 06-10 ACTION REQUESTED: Approval of Resolution 06-10 ordering the improvement and accepting the bid of $52,492.93 for the St. Mary’s Reconstruction, TIES Sidewalk, and Sidewalk and Curb Replacement. CITY OF FALCON HEIGHTS COUNCIL RESOLUTION No: 06-10 April 12, 2006 AWARDING BIDS FOR 2006 CONTRACT C AND ORDERING IMPROVEMENT WHEREAS, pursuant to advertisement for bids for the improvement, according to the plans and specifications thereof on file in the office of the Manager of the City of Roseville, said bids were received on Wednesday, April 5, 2006, at 9:00 a.m., opened and tabulated according to law and the following bids were received complying with the advertisement: BIDDER AMOUNT Hardrives, Inc. $736,217.92 Midwest Asphalt, Inc. $821,238.14 North Valley, Inc $887,033.18 T.A. Schifsky and Sons, Inc. $899,720.19 WHEREAS, it appears that Hardrives, Inc. of Rogers, Minnesota, is the lowest responsible bidder at the tabulated price of $837,872.05 and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That we approve the inclusion of City of Falcon Heights maintenance projects as a part of this comprehensive maintenance contract. These projects are; St. Mary’s Street reconstruction, Ties Sidewalk replacement, and sidewalk and curb replacement at a cost of $52,492.93. 2. That we hereby order the improvement as described above. Moved by: _______________ Approved: ________________________ Susan L. Gehrz, Mayor April 12, 2006 GEHRZ ____ In Favor Attested: _________________________ KUETTEL Heather M. Worthington L I N D S T R O M C i t y A d m i n i s t r a t o r TALBOT April 12, 2006 HARRIS ____ Against POLICY G1 4 / 1 2 / 0 6 ITEM: Consideration of a contract for police services with the City of St. Anthony SUBMITTED BY: Heather Worthington REVIEWED BY: Roger Knutson, City Attorney EXPLANATION: Summary: The City has had a contract for police services with the City of St. Anthony since 1995. For the next contract period, the City of St. Anthony is estimating that the contract costs will rise 5.5% for each year of the contract. Additionally, the City of St. Anthony is requesting that their contract cities go to a three-year contract. This new contract would commence in January 2007, and continue through December 2009. Working with the City of St. Anthony, some contract items were clarified, including the termination clause, and the yearly increase in the police contract costs as tied to the union contract amount. Also, in the new contract, the City of Falcon Heights ability to utilize alternate revenue will be clarified, and the new dispatching cost formula will be represented in the contract. ATTACHMENT: 2007-09 Contract for Police Services ACTION REQUESTED: Discussion Approval of the 2007-09 Contract for Police Services CONTRACT AGREEMENT FOR POLICE SERVICES This Agreement is made and entered into as of April 12, 2006 between the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota ("St. Anthony") and the CITY OF FALCON HEIGHTS, a municipal corporation under the laws of the State of Minnesota ("Falcon Heights"). The services to be performed under this Agreement will commence January 1, 2007. I. PURPOSE St. Anthony and Falcon Heights have the power within their respective cities to provide for the prevention of crime and for police protection. Under Minnesota Statutes, Section 471.59, the cities may, by agreement, provide for the exercise of the police power by one city on behalf of the other city. This Agreement sets forth the terms and conditions under which St. Anthony will provide police services for Falcon Heights. St. Anthony will have full authority and responsibility to provide services in accordance with all enabling legislation under the laws of the State of Minnesota and the ordinances of Falcon Heights. St. Anthony will provide feedback to the Falcon Heights City Administrator and City Council on a regular and timely basis, and will actively support the creation of a joint advisory committee pursuant to Section IX of this Agreement, whose members come from both cities, and whose purpose is to review, monitor, and ensure a successful relationship between the two cities under this Agreement. II. INTERPRETATION This Agreement is entered following the preparation by Falcon Heights of a Request for Proposal for Police Services and the submission of a responsive Proposal by St. Anthony (the "Proposal"). To the extent that any of the provisions of this Agreement are inconsistent with the provisions of the Proposal, the provisions of this Agreement will control. If any provision of this Agreement is ambiguous, the parties agree that the Proposal may be looked to as evidence of the parties' intent. III. SERVICES St. Anthony will provide Falcon Heights with 24 hour police service, and will physically place a certified officer within the boundaries of Falcon Heights 24 hours each day, except in those instances when the officer makes an arrest and transports a prisoner, during mutual aid situations, when providing a backup for another officer, or when called away for a court appearance, booking or similar police matter. Subject to these exceptions and in normal circumstances, St. Anthony will provide 24-hour police protection and police presence each day within the City of Falcon Heights. In those instances stated above when an officer is not physically present in Falcon Heights, St. Anthony will respond to emergency police calls with other officers. IV. LEVEL OF SERVICES During the term of this Agreement, St. Anthony will provide to Falcon Heights the same police service extended to persons and property within St. Anthony, which will include, but be limited to, the following: A. Patrol services, with random patrolling of all residential, business and public property areas during all shifts: B. Police presence within the boundaries of Falcon Heights 24 hours each day, subject only to the exceptions noted above: C. Animal control services as provided within the City of St. Anthony by the animal control service employed by St. Anthony: D. Enforcement of all ordinances of Falcon Heights which are intended to be enforced by police officers, with special attention being given to parking, winter and nuisance ordinances: E. Ticketing for traffic violations will be done routinely during normal shifts: F. Crime prevention programs that encourage community involvement and investment in the City of Falcon Heights, including participation in the Mayor's Commission, Family Violence Network, Neighborhood Watch Programs, "McGruff Houses," and "Combat Auto Theft" programs; in appropriate cases, referrals will be made to the Northwest Youth and Family Services Youth Diversion Program: G. Criminal investigations, crime lab service and supervisory service: H. Reports on police services and activities, including weekly, monthly and annual police reports: I. Responses to medical emergencies, fires and other emergencies; responses shall include, where appropriate, securing the scene for fire/rescue personnel, accompanying fire/rescue personnel to the hospital upon request of such personnel, and providing follow-up information to fire/rescue personnel upon request of such personnel: J. Officers will be available at Falcon Heights City Hall to answer questions from, and provide information regarding police activities to, Falcon Heights resident, business owners and staff on an as-needed basis: K. License inspections, background investigations and license enforcement services as called for under applicable state law or city ordinances: L. Review and comment, upon request, of proposed Falcon Heights ordinance affecting police services or enforcement: M. Follow-up on reported crimes with the person(s) who reported the crime, including routine notification by telephone or mail as to the status of the investigation; and N. Special event traffic patrol services, including ten days per year during the State Fair; and other events such as periodic parades and the Minnesota Street Rods Association Convention. V. PAYMENT FOR SERVICES In consideration of the services to be provided under this Agreement, Falcon Heights will pay St. Anthony annual fees of: $519,500 for the year 2007, $548,100 for the year 2008, and $578,250 for the year 2009, except as such amounts may be modified in accordance with the additional agreements of the parties contained in the Memorandum of Understanding dated April 12, 2006, and attached hereto as Exhibit A. VI. METHOD OF PAYMENT St. Anthony will bill Falcon Heights monthly for 1/12 of the annual fee, and Falcon Heights will promptly remit payments to St. Anthony within 30 days after receiving each billing from St. Anthony. VII. LIABILITY St. Anthony will be responsible for all liability incurred as a result of the actions of St. Anthony police officers under this Agreement, and will hold Falcon Heights, its officers and employees harmless for any liability resulting from actions of a St. Anthony employee and shall defend Falcon Heights, its officers and employees, against any claim for damages arising out of St. Anthony's performance of this Agreement; provided, however that if the claim, action or liability is one which is insured by St. Anthony's liability insurer, Falcon Heights will bear the first $5,000.00 of expense for any such claim, action or liability, or expenses relation thereto, including attorneys' fees, to the extent not covered by the insurer because of a deductible amount under the policy (which deductible amount is currently $10,000.00). VIII. ADMINISTRATIVE RESPONSIBILITY The law enforcement and police services rendered to Falcon Heights will be under the sole direction of St. Anthony. The standards of performance, the hiring and discipline of officers assigned, and other matters relating to regulations and policies related to police employment, services and activities, will be within the exclusive control of St. Anthony. The parties hereto expressly affirm the importance of work force diversity and St. Anthony agrees to use reasonable efforts, within applicable departmental budgetary limits, to recruit qualified female and minority police officers. IX. JOINT ADVISORY COMMITTEE Both cities will appoint members to a joint advisory committee. The committee will meet at least four times each year to ensure that this Agreement and the services performed pursuant to this Agreement are meeting the expectations of both cities. Any recommendations of the committee will be strictly advisory. X. COMMUNICATIONS, EQUIPMENT AND SUPPLIES St. Anthony will furnish all communication equipment and any necessary supplies required to perform the services, which are to be rendered under this Agreement. XI. COOPERATION AND ASSISTANCE AGREEMENTS Falcon Heights will be included in all cooperative agreements entered into by the St. Anthony Police Department with other police services units. XII. HEADQUARTERS Headquarters for services rendered to Falcon Heights under this Agreement will be located at offices owned or leased by St. Anthony. The citizens of Falcon Heights may notify headquarters or Ramsey County radio dispatch for police services requested either in person or by some other means of communication. St. Anthony officers may take routine telephone calls and complete routine reports for Falcon Heights at the Falcon Heights City Hall, and Falcon Heights will have facilities available to the officers at Falcon Heights City Hall for this purpose. The facilities will include a desk, telephone, fax and copier. XIII. EMPLOYEES OF ST. ANTHONY Officers assigned to duty in Falcon Heights will at all times be employees of St. Anthony. All obligations with regard to workers compensation, PERA, withholding tax, insurance, and similar personnel and employment matters will be the obligation of St. Anthony. Falcon Heights will not be required to furnish any fringe benefits or assume any other liability of employment to any officer assigned to duty within Falcon Heights. XIV. ENFORCEMENT POLICIES Enforcement policies of St. Anthony will prevail as the enforcement policies within Falcon Heights. A written statement of the current enforcement policies of St. Anthony will be provided in writing to Falcon Heights. XV. ENFORCEMENT OF ORDINANCES OF THE CITY OF FALCON HEIGHTS St. Anthony officers assigned to duty within Falcon Heights will enforce Falcon Heights' ordinances to the extent appropriate for enforcement by police officers. XVI. OFFICERS OF FALCON HEIGHTS The officers assigned duty within Falcon Heights will be provided with authority to enforce the laws of the City of Falcon Heights by proper action to be taken by the Falcon Heights City Council, and while performing services under this Agreement will be considered police officers of Falcon Heights. The Chief of Police of St. Anthony will furnish to the Falcon Heights City Administrator the names of all St. Anthony police officers assigned to Falcon Heights, and all such officers will be appointed officers of the City of Falcon Heights. XVII. OFFENSES All offenses within Falcon Heights charged by police officers under this Agreement will be charged in accordance with Falcon Heights' ordinances when possible; otherwise, the charge will be made in accordance with the laws of the State of Minnesota or the laws of the United States of America. XVIII. COMMUNICATIONS St. Anthony agrees to provide the Falcon Heights Administrator with weekly, monthly and annual police reports, in a format as is mutually agreed to by the St. Anthony Police Chief and the Falcon Heights City Administrator. The St. Anthony Police Chief will regularly communicate with the Falcon Heights City Administrator in order to ensure that Falcon Heights is knowledgeable about any police activity in the City, and at the request of the Administrator the Police Chief will make presentations to the Falcon Heights City Council. XIX. PROSECUTION AND REVENUES Falcon Heights will pay all costs of prosecution for all offenses charged within its boundaries or under its ordinances. LEAA funds and confiscated drug funds will be retained by St. Anthony. Fine revenues will be paid to Falcon Heights. P.O.S.T. training funds will be used for officer training. XX. CONTINUATION OF AGREEMENT This Agreement will be effective January 1, 2007 and will continue until terminated as described in Paragraph XXI below. In consideration for services provided under this Agreement, St. Anthony and Falcon Heights shall establish the fee for police services by May 15, 2009. XXI. Term and Termination The term of this Agreement shall be from January 1, 2007 through December 31, 2009, unless renewed by May 15, 2009. XXII. REVIEW OF AGREEMENT From time to time the terms and conditions of this Agreement shall be reviewed and revised, as St. Anthony and Falcon Heights deem necessary. XXIII. ASSIGNMENT The rights and obligations of the parties under this Agreement will not be assigned, and St. Anthony will not subcontract for any services to be furnished to Falcon Heights (except as otherwise provided in this Agreement), without the prior written consent of the other party. The parties hereto have executed this Agreement as of the date first above stated. CITY OF FALCON HEIGHTS CITY OF ST. ANTHONY By:____________________________ By:________________________ M a y o r M a y o r By:____________________________ By:________________________ City Administrator City Manager Date:__________________________ Date:______________________ EXHIBIT A April 12, 2006 MEMORANDUM OF UNDERSTANDING Re: Contract Agreement for Police Services, effective January 1, 2007 To: Mike Mornson From: Heather Worthington We wish to clarify three separate contract provisions, contained within the revised Contract Agreement for Police Services, effective January 1, 2007: 1. Consolidated Dispatch Provision: Falcon Heights will be billed directly by Ramsey County for dispatch costs. The contract amount will be adjusted annually to account for this direct payment to the County, and the contract amount reduced to reflect said payment. 2. Alternate Revenue: Falcon Heights, may, at its discretion, negotiate “payments in lieu of taxes” with tax exempt and non-profit entities within the boundaries of Falcon Heights to recoup service costs. These payments may be invoiced by Falcon Heights, or at the direction of Falcon Heights, by the City of St. Anthony in cases where said non-profit or tax exempt entity requests or requires such action. Any alternate revenue sources negotiated by Falcon Heights will be utilized exclusively by St. Anthony to offset the overall contract cost. The City of St. Anthony shall not retain fees against these alternate revenue sources, unless extra staff is required and costs are incurred for the event, and adequate documentation is provided to the City of Falcon Heights by the City of St. Anthony. In that case, the funds will then be used to offset any extra costs. 3. Salary Offset: In the event that the police union contract is negotiated at a rate lower than the projected rate of 3.5%, the salary costs of the contract will be adjusted to reflect this lower rate. In the event that the police contract is negotiated at a rate above 3.5%, the amount of the contract will be adjusted to reflect these higher salary costs of the contract. Mike Mornson, City Manager City of St. Anthony Heather Worthington, City Administrator City of Falcon Heights POLICY G2 4 / 1 2 / 0 6 A D D E N D U M ITEM: Consideration of a contract with the Aimee Gourlay of the Mediation Center for Dispute Resolution at Hamline University SUBMITTED BY: Heather Worthington, City Administrator REVIEWED BY: Roger Knutson, City Attorney Summary: The city will begin a series of three community meetings tomorrow evening regarding the drive-through moratorium. In an effort to have a well-organized and highly participative environment at these meetings, the city council recommended that we contract with a third-party neutral facilitator to conduct the meetings. The city staff has negotiated an agreement with the Mediation Center for Dispute Resolution at Hamline University to utilize the services of Aimee Gourlay, Executive Director. Ms. Gourlay will provide meeting preparation, facilitation, and any needed additional work in this process. Staff estimates that the needed hours for this work will not exceed12 hours, or $1,800.00. ATTACHMENT: Independent Contractor Agreement ACTION REQUESTED: Approval of contract for facilitation services with Aimee Gourlay of the Mediation Center for Dispute Resolution at Hamline University. INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made by and between CITY OF FALCON HEIGHTS and Mediation Center (Contractor). The Contractor represents that it is duly qualified and agrees to perform all services in this Agreement to the satisfaction of CITY OF FALCON HEIGHTS. RECITALS: CITY OF FALCON HEIGHTS and Contractor each desire that the Contractor performs certain services according to the conditions of this agreement. The primary responsibilities are: To provide facilitation services for the Drive-Through Moratorium Study Process. NOW THEREFORE, in consideration of the foregoing and the terms and conditions therein, CITY OF FALCON HEIGHTS and the Contractor agree as follows: 1. Duties of the Contractor. As of the date of this Agreement, CITY OF FALCON HEIGHTS appoints the Contractor, and the Contractor accepts such appointment as an independent contractor throughout the term of this Agreement, to render the following services: Overall Preparation. The Mediation Center will provide one facilitator/consultant. It is estimated that the facilitator/consultant will need approximately two hours for overall preparation for the project and first meeting. This will include one meeting with the City staff involved with the project (one hour). Meeting Preparation. It is estimated that the facilitator will need one to two hours to prepare for subsequent meeting, including discussion with City staff and compiling meeting notes from the previous meeting. Meeting Facilitation. The facilitator will be paid for the time of the three scheduled meetings, and attendance at the City Council meeting if required. Billing includes discussions before and after meetings. Our experience is that the time after meetings is a good time to strategize, check in with people and address individual conflicts. Additional Work. If other related work is necessary (e.g., reporting to the City Council, research to identify stakeholders in the community or identifying information that the staff or the committee must gather) the facilitator will discuss an appropriate amount of effort with the City Council and staff. 2. Consideration and Payment. 2.1 Consideration. CITY OF FALCON HEIGHTS will pay for all services performed by the Contractor under this Agreement as follows: (a) CITY OF FALCON HEIGHTS will pay on a monthly basis for services rendered. CITY OF FALCON HEIGHTS will reimburse contractor for reasonable mileage and travel expenses. 2.2 Payment. (a) Invoices: The Contractor agrees to provide CITY OF FALCON HEIGHTS with a monthly invoice of services payable 30 days from receipt of invoice. In order to ensure compliance with audit requirements, original invoices must be submitted that includes an invoice date, description and date of service, and total amount(s) billed for each of the listed services. CITY OF FALCON HEIGHTS agrees to compensate the Contractor at a rate of $150.00 per contracting hour. CITY OF FALCON HEIGHTS shall pay any amounts due to Contractor hereunder as specified in CITY OF FALCON HEIGHTS policies. (b) Conditions of Payment: All services provided by Contractor under this Agreement must be performed to CITY OF FALCON HEIGHTS satisfaction, as determined at the sole discretion of CITY OF FALCON HEIGHTS authorized representative, and in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. Contractor will not receive payment for work found by CITY OF FALCON HEIGHTS to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. Payment will be mailed to the Contractor unless requested otherwise. Internal Revenue Form 1099 will be issued to Contractor's compensated $600.00 or more during the calendar (tax) year that are not incorporated. ________ I am incorporated and will be providing my own tax information to the IRS. ________ My taxpayer (EIN) ID# is:______ - ________________. ________ I am not incorporated and should be issued form 1099 at the end of the tax year. - My social security number is: ________-_____-________ - Please mail payments to: ________________________________ ___ ___________________________________ ___________________________________ 3. Term and Termination. The term of this Agreement shall begin on the date hereof and shall be in effect until either CITY OF FALCON HEIGHTS or the Contractor terminates this Agreement with or without cause upon written notice to the other, fourteen (14) days after the notice is received. 3.1 Effective date: This Agreement will be effective on April 3, 2006 , or the date that CITY OF FALCON HEIGHTS OBTAINS all required signatures. 3.2 Expiration date: This Agreement will remain in effect until July 30, 2006 , or until all obligations have been satisfactorily fulfilled, whichever occurs first. 4. Authorized Representatives: 4.1 CITY OF FALCON HEIGHTS authorized representative is HEATHER WORTHINGTON, City Administrator, or her successor, who has responsibility to monitor the Contractor’s performance and the authority to accept the services provided under this Agreement. If the services are satisfactory, CITY OF FALCON HEIGHTS Authorized Representative will certify acceptance on each invoice submitted for payment, in accordance with Clause 2.2, paragraph c. 4.2 The Contractor’s Authorized Representative is Aimee Gourlay, Chief Executive Officer, Mediation Center for Dispute Resolution, or her successor. If the Contractor’s Authorized Representative changes at any time during this Agreement, the Contractor must immediately notify CITY OF FALCON HEIGHTS. 5. Relationship of Parties. CITY OF FALCON HEIGHTS and the Contractor understand and agree that for all purposes the Contractor shall be an independent contractor in the performance of this Agreement. The Contractor is not an employee of CITY OF FALCON HEIGHTS for any purpose whatsoever, and the Contractor is not granted any right or authority to assume or create any obligation, express or implied, on behalf or in the name of CITY OF FALCON HEIGHTS, or to find CITY OF FALCON HEIGHTS in any manner or thing whatsoever except as otherwise expressly stated in writing by CITY OF FALCON HEIGHTS. The Contractor is hereby specifically authorized to take, on behalf of CITY OF FALCON HEIGHTS, those actions described. In the performance of this Agreement, the Contractor shall not participate in any pension, executive compensation, or other benefit plans now in existence or which may be adopted by CITY OF FALCON HEIGHTS under the terms of which employees of CITY OF FALCON HEIGHTS are eligible to participate. CITY OF FALCON HEIGHTS shall not be obligated to make any premium payments or contributions for any Worker's Compensation or unemployment compensation for the Contractor, except as provided by law. In any and all tax returns filed by the Contractor with either federal, state or local governments or authorities, the Contractor shall represent therein that any income or compensation received hereunder shall be income earned as a result of the Contractor being an independent contractor and not as an agent or employee of CITY OF FALCON HEIGHTS. 6. Indemnification. The Contractor agrees to indemnify and hold CITY OF FALCON HEIGHTS harmless for any and all liabilities, costs and penalties arising from the violation of any statutes, laws, ordinances, rules, or regulations by the Contractor during the performance of this Agreement, any tortious acts on the part of the Contractor; provided, however, that the Contractor shall not be obligated to indemnify or hold CITY OF FALCON HEIGHTS harmless hereunder with respect to any liabilities, costs, or penalties resulting from explicit instructions given to the Contractor by CITY OF FALCON HEIGHTS under this Agreement. 7. Warranties of the Contractor. (a) The Contractor warrants that he or she has no conflicts of interest, real or potential, with CITY OF FALCON HEIGHTS in the performance of his or her duties hereunder. 8. Miscellaneous. (a) This Agreement may not be assigned by either party without the prior written consent of the other. (b) This Agreement contains the entire understanding of the parties regarding the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties, whether written or oral, regarding any such subject matter. No modification of this Agreement shall be valid unless in writing and signed by both parties. (c) Failure of either party to enforce any term of provision of this Agreement shall not be construed as a waiver of such provision of term nor of the right to enforce such term or provision. (d) All notices and communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given when received by the party to be notified. (e) Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. (f) For purposes of this Agreement, the laws of the State of Minnesota shall govern. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the 12th day of April, 2006 ___________________________________ _________________________________ C o n t r a c t o r W i t n e s s CITY OF FALCON HEIGHTS 2077 W. Larpenteur Avenue Falcon Heights, Minnesota 55113 By ____________________________________ Its ____________________________________