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HomeMy WebLinkAboutCCAgen_11April13CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA April 13, 2011 A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ C. PRESENTATIONS: 1. Neal Kwong Youth Citizenship Award Presentation 2. CERT Graduation Ceremony D. APPROVAL OF MINUTES: March 23, 2011 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 4/7/2011: $152,228.31 Payroll through 3/29/2011: $14,778.95 2. City License Renewal 3. 2011 Replacement Boulevard Tree Contract G: POLICY ITEMS: 1. Data Innovation Project H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA March 23, 2011 A. CALL TO ORDER: B. ROLL CALL: LINDSTROM _ab_ HARRIS _X_ GOSLINE _ab_ LONG _X_ MERCER-TAYLOR _X_ MILLER _X_ C. PRESENTATIONS: 1. Neal Kwong Youth Citizenship Award Presentation 2. Annual City Commission Updates D. APPROVAL OF MINUTES: March 9, 2011 Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: Pam Harris Moved Approval 3-0 1. General Disbursements through 3/17/2011: $36,433.97 Payroll through 3/15/2011: $14,455.66 2. City License Renewal 3. Appointment of Linda Fite to the Planning Commission 4. Office Assistant Appointment G: POLICY ITEMS: H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 7:56 p.m. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date April 13, 2011 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 4/7/2011: $152,228.31 Payroll through 3/29/2011: $14,778.95 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date April 13, 2011 Agenda Item Consent F2 Attachment Submitted By Michelle Tesser, Assistant to the City Administrator The City That Soars! Item City License Applications Description The following individuals have applied for a Mechanical License for 2011. Staff has received the necessary documents for licensure. 1. Seasonal Control Mechanical Division, Inc. 2. Allan Mechanical, Inc. The following individuals have applied for a Tree Trimming License for 2011. Staff has received the necessary documents for licensure. 1. Precision Landscape & Tree Inc. 2. Premium Tree Protection, LLC The following individuals have applied for a Municipal Business License for 2011. Staff has received the necessary documents for licensure. 1. Warners’ Stellian Co Inc. 2. TIES Budget Impact Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2011 City License Applications REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date April, 13, 2011 Agenda Item Consent F3 Attachment Submitted By Justin Miller, City Administrator The City That Soars! Item 2011 Replacement Boulevard Tree Contract Description Each year the City of Falcon Heights removes and replaces boulevard trees throughout the community. This year, with the addition of the city’s aggressive Emerald Ash Borer mitigation strategy, it is estimated that the city will need to replace approximately 50 trees. Earlier this spring the city solicited quotes from area tree farms and nurseries regarding their prices for a variety of tree species. Four companies adequately responded to the request. When applying their prices to a listing of tree varieties that the city will be planting this year, the quotes came in as follows: St. Croix Tree Service, Inc. $12,597.00 Rum River Tree Farm and Nursery $14,725.00 Tree Trust $15,647.09 Cedar Ridge Landscaping, Inc. $16,005.00 Budget Impact Trees which are replacing ash removals will be paid for through Minnesota Department of Agriculture grant funds. Other replacements will be paid for through funds allocated in the capital improvements plan. Attachment(s) Action(s) Requested Staff recommends that the Falcon Heights City Council designate St. Croix Tree Service, Inc. as the replacement boulevard tree contractor for 2011. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date April 13, 2011 Agenda Item Policy G1 Attachment Professional Services Agreement Submitted By Justin Miller, City Administrator The City That Soars! Item Data Innovation Project Description Earlier this year, Mayor Lindstrom had a discussion with Gopal Khanna, the former State of Minnesota Chief Information Officer, about better utilizing data that local units of government produce and collect. Since leaving his employment with the State, Mr. Khanna has been working with a company named ZH Computer, Inc. to develop software applications for government to access and analyze this data. ZH Computer is seeking to use the City of Falcon Heights as a test location to develop software applications using city data. The city would provide data that the city collects, and ZH Computer would then see what types of innovative software could be developed. It is their hope to then use this information to structure applications for other cities. ZH Computer is providing this service free of charge, and the city would retain the ability to use any software or applications that the company develops. Examples of data that the city will be providing includes:  Boulevard tree inventories  Building permit data  Business and contractor license lists  Pavement management plan reports Budget Impact None Attachment(s) Professional Services Agreement Action(s) Requested Staff recommends that the Falcon Heights City Council adopt the attached professional services agreement with ZH Computer, Inc. for the purposes of analyzing and compiling city data into more useable formats and applications. PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this _______ day of _______________, 2011, by and between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation (“City”) and Z H COMPUTER, INC., a Minnesota corporation (“Consultant”). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The Contract consists of the following documents. In the event of conflict among the documents the conflict shall be resolved by the order in which they are listed with the document listed first having the first priority and the document listed last having the last priority: (1) this Professional Services Agreement, (2) Exhibit “A” - Scope of Services. 2. SCOPE OF SERVICES. The City retains Consultant to provide professional services set forth on Exhibit “A”. 3. COMPENSATION. Consultant shall not be reimbursed for any expenses and shall not be paid by for services. 4. SOFTWARE. The City shall be given, without cost to the City, a perpetual license to use any software the Consultant develops pursuant to Exhibit “A” and shall be provided without charge corrections, updates and new versions of the software. The Consultant shall be the owner of any software that is developed pursuant to this agreement. 5. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 6. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. 7. INDEMNIFICATION. The Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney’s fees, arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 8. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker’s Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: 156890v1 1 Commercial General Liability $1,000,000 each occurrence/aggregate Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence/aggregate The City shall be named as an additional insured on the general liability and umbrella policies. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured’s capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of $1,000,000 with a deductible maximum of $125,000 unless the City agrees to a higher deductible. Before commencing work the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer’s intention of cancel this insurance. 9. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 10. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay subcontractor for all undisputed services provided by subcontractor within ten days of Consultant’s receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 11. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 12. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 156890v1 2 13. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 14. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Ramsey County. 15. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 16. PATENTED DEVICES, MATERIALS AND PROCESES. If the Contract requires, or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement 17. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 156890v1 3 19. TERMINATION OF THE AGREEMENT. The City may terminate this Agreement, or any part thereof, at any time, upon written notice to the Consultant, effective upon delivery including delivery by facsimile or electronic mail. CITY OF FALCON HEIGHTS BY: ______________________________ Peter Lindstrom, Mayor Dated: ______________________, 2011. AND: ____________________________ Justin Miller, City Administrator/City Clerk Dated: ______________________, 2011. Z H COMPUTER, INC. BY: ______________________________ Its Dated: _______________________, 2011. 156890v1 4 156890v1 5 Exhibit “A”- Scope of Services ZH Computer, Inc. agrees to analyze and compile data received from the City of Falcon Heights for the purposes of creating beta versions of software or other applications that, when finalized, may be available for use by the City of Falcon Heights and the general public.