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01-12-2021 Council Packet
CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, JANUARY 12, 2021 AT 6:OOPM This meeting will be conducted by video/telephone conference due to the ongoing COVID-19 health pandemic. The meeting will follow the provisions of Minnesota Statute § 13D.021. If practical,members of the public may be permitted to remotely listen to the meeting as provided in 13D.021, Subd. 3, subject to such person paying for any added cost incurred by the City as a result of the additional connection. The open meeting can be viewed remotely online at: https://us02web.zoom.us/j/881617260047pwd=bWtrOUJzR2xIRWRrekFyVGIKS21YUT09 or by calling (312-626-6799)and entering meeting ID 881617260044#.Passcode: 959851# Please contact the City at 651-439-4439 or jpin ski@city ofoakparkheights.com in advance of January 12, 2021 if you have any questions about access. 6:00 p.m. L Call to Order/Approval of Agenda Estimated times 6:00 p.m. II. Swearing in of Chief of Police Steve Hansen by Judge Galler 6:00 p.m. III. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff 6:05 p.m. IV. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 6:10 p.m. V. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—December 8, 2020 (pg. 3) C. Approve Resolution Appointing Professional Consultants for 2021 (pg. 9) D. Approve Resolution Designating Stillwater Gazette as Official Newspaper for Publications in 2021 (pg. 11) E. Approve Resolution Authorizing the St. Paul Pioneer Press as the Alternate Newspaper for Publications in 2021 (pg. 13) F. Approve Budget Line Item Adjustment for COVID-19 —Revenue and Expenditures 2020 (pg. 15) G. Accept Proposal to Update City Hall HVAC Control Software (pg. 19) H. Approve JPA with Police Department and State of MN BCA (pg. 31) 6:10 p.m. VI. Public Hearings 6:10 p.m. VII. Old Business A. Lookout Trail -Update and Requested Actions (pg. 51) Pagel of 76 Agenda January 12,2021 Page 2 6:20 p.m. VIII. New Business A. Appointment of Full-Time New Hire Police Officer(pg. 57) B. 2021 Legislative Consulting (pg. 59) C. Tax Abatement Requests—Washington County (pg. 73) 6:55 p.m. VIII. Other Council Items or Announcements 7:00 p.m. X. Adjournment Page 2 of 76 i Oak Park Heights Request for Council Action Meeting Date January 12, 2021 Agenda Item Approve City Council Minutes—December 8, 2020 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Adiininistratioil/Jem7ifcr Pliiski — 7— Requester's Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 76 CITY OF OAK PARK HEIGHTS TUESDAY, DECEMBER S, 2020 CITY COUNCIL MEETING MINUTES HELD VIA VIDEO CONFERENCE PER MN STAT. 13D.021 I. Call to Order/Approval of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren, and Runk. Staff present: City Administrator Johnson, Finance Director Caruso, City Clerk Pinski, Police Chief Hansen, City Attorney Kevin Sandstrom. and City Engineer Mann. Absent: City Planner Richards. Mayor McComber added New Business Item.M: Approve Resolution Recognizing Chief of Police Brian DeRosier. Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Roll call vote taken. Carried 5-0. II. Council./Staff Reports: A. Mayor McComber: She reported she would be attending the Coalition of Utility Cities meeting on December 10 and the National League of Cities transportation policy committee meeting on December 11. She thanked the Bayport Fire Department for driving. Santa through the City on November 25. B. Councilmember Dougherty: He reported he would be attending the Coalition of Utility Cities meeting on December 10. C. Councilmember Johnson: No report. D. Councilmember Liljegren: No report. E. Councilmember Runk: No report. F. Staff. City Clerk Pinski reported that Heidi Leedom of 14265 Oldfield Avenue Court North was chosen as the recycling award winner. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Worksession Notes—November 24, 2020 C. Approve City Council Minutes—November 24, 2020 D. Approve 2021 Taxi Cab Licenses for F.D.S. Enterprises dba A. Taxi E. Approve Spring and Fall Clean-up Dates for 2021 — May 1 and October 2 Page 4 of 76 City Council Meeting Minutes. December 8, 2020 Page 2 of 4 F. Adopt Resolution Designating the Polling Location for 2021 in the City of' Oak Park Heights in the Event of a Special Election G. Approve Resolution for Certification of Delinquecit Taxes H. Approve Resolution Designating 2021 Checking and Bank Depositories I. Approve 2021 Area Charge for Connection to Water, Sewer and Storm Sewer J. Adopt Amended CC]02 Master Fee Schedule K. Approve 2021 Engineer Rates L. Approve Salary Adjustment for Exempt Employees M. Approve Resolution Recognizing Chief of Police Brian DeRosier Councilmember Runk, seconded by Councilmember Johnson, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: A. Truth in Taxation Hearing—2021 Budget Presentation: Finance Director Caruso provided a presentation on the 2021 budget. Mayor McComber opened the Public Hearing. No comments were received. Councilmember Liljey-ren, seconded by Councilmember Runk, moved to close the Public Hearing. Roll call vote taken. Carried 5-0. VI. Old Business: A. Lookout Trail Cost Estimates—Updates: City Engineer Mann reviewed options. The City Council preferred Option 3. Mann said he would prepare cost estimates for Option 3 and bring it back to Council. No action taken. VII. New Business: A. Resolution Approving the 2021 Budget: Councilmember Runk, seconded by Councilrr3ember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. Resolution Approving the 2021 Tax Levy. Councilmember Liljegren, seconded by Councilmember Johnson, moved to approve the Resolution. Roll call vote taken. Carried 5-0. C. 2021 Water and Sewer Rates Study and Review of Storm Water Rates: Finance Director Caruso provided a presentation and recommended no change in rates for 2021. Councilmember Liljegren, seconded by Councilmember Johnson, moved to approve the study. Roll call vote taken. Carried 5-0. D. 2021 Council Appointments: Councilmember Runk, seconded by Councilmember Liljegren,moved to approve the Resolution with a few changes to last year's appointments. Roll call vote taken. Carried 5-0. Page 5 of 76 City Council Meeting Minutes December 8, 2020 Page 3 of 4 E. Set City 2021 Council Meeting Dates: Councilmember Dougherty, seconded by Councilmember Johnson. moved to approve the regular meeting dates cancelling the first meetings in June, July and August and the last meeting in December unless needed. Roll call vote taken. Carried 5-0. F. Community Energy Transition (CET) Grant Program: Councilmember Runk, seconded by COLIFIC11member Dougherty,moved to approve the Resolution. Roll call vote taken. Carried 5-0. G. Fat Tire — Bike Rally January 23 & 24"Councilmember Runk, seconded by Councilmember Liljcgren, moved to approve the rally leaving it up to staff to work out the details of the agreement and waiving the fees. Roll call vote taken. Carried 5-0. H. Adopt Resolution for 2021 Liquor, Tobacco, and Amusement License Renewals- City Clerk Pinski presented a list of renewals for approval. Chief Hansen reported that one applicant, Fiesta Cancun Stillwater, had some outstanding legal matters related to a violation of their 2020 liquor license that had not yet been resolved. City Attorney Sandstrom suggested Council determine whether to renew with conditions or to deny the renewal until the legal matters were resolved. Council determined a conditional renewal was the best method. Councilmember Dougherty, seconded by Councilmember Runk, moved to approve the Resolution with conditional renetival for Fiesta Cancun Stillwater that they be required to come into compliance with legal matters relating to a previous license violation by February 1, 2021. Roil call vote taken. Carried 5-0. VIII. Other Council Items or Announcements: Mayor McConiber wished everyone a Merry Christmas and Happy New Year. Councilmember Liljegren asked staff for a follow up on the request from Tennis Sanitation during the Public Comments section at the previous meeting. City Administrator Johnson reported that Attorney Sandstrom sent a letter requesting clarification on their request, and staff planned to meet with them the following week. Councilmember Runk asked about swearing ii} of newly elected officials. City Clerk Pinski requested Councilmembers Dougherty and Runk and Mayor McComber make an appointment with her to take the oath prior to the first meeting in January. Page 6 of 76 City Council Meeting Minutes December 8, 2020 Page 4 of 4 IX. Adiourn: Councilmember Johnson, seconded by Councilmember Dougherty, moved to adjourn at 7:28 p.m. Roll call vote taken. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk. Mayor Page 7 of 76 THIS PAGE INTENTIONALLY LEFT BLANK Page 8 of 76 r Oak Park Heights Request for Council Action Meeting Date January 12, 2021 Agenda Item Approve Resolution Appointing Professional Consultants for 2021 Time Req. 0 Agenda Placement Consent Originating DepartmentlRequestor Acimiaiistration,�Jeriiiifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 9 of 76 CITY OF OAK PARK HEIGHTS RESOLUTION 21-01-01 A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS FOR THE CITY OF OAK PARK HEIGHTS IN 2021 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following consultants for 2021: City Engineer: Stantec, Inc. City Auditor: Redpath and Company City Planner: The Planning Company, LLC City Attorney: Eckberg Lammers, P.C. Passed by the City Council of Oak Park Heights this 12th day of January, 2021. ATTEST: Mary McComber, Mayor Eric A. Johnson, City Administrator Page 10 of 76 Oak Park Heights Request for Council Action Meeting Date January 12, 2021 Agenda Item Approve Resolution Designating Stillwater Gazette as Official Newspaper for Publications in 2021 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 11 of 76 CITY OF OAK PARK HEIGHTS RESOLUTION 21-01-02 A RESOLUTION DESIGNATING THE STILLWATER GAZETTE AS THE CITY OF OAK PARK HEIGHTS OFFICIAL NEWSPAPER WHEREAS, the City of Oak Park Heights must designate an official newspaper for publications; and WHEREAS, the Stillwater Gazette meets legal publication requirements under state statute and offers a high number of paid circulation newspapers distributed within the City. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights designates the Stillwater Gazette as the official newspaper for publications in 2021. Passed by the City Council of Oak Park Heights this 12" day of January, 2021. Mary McComber, Mayor ATTEST: Eric Johnson, City Administrator Page 12 of 76 r Oak Park Heights Request for Council Action Meeting Date January 12, 2021 Agenda Item Approve Resolution Authorizing the St. Paul Pioneer Press as the Alternate Newspaper for Publications in 2021 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Ad inistration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 13 of 76 CITY OF OAK PARK HEIGHTS RESOLUTION 21-01-03 A RESOLUTION AUTHORIZING ALTERNATE NEWSPAPER FOR PUBLICATION IN 2021 WHEREAS, the City of Oak Park Heights designated the Stillwater Gazette as the official newspaper for publications in 2021 in Resolution 21-01-02; and WHEREAS, the Stillwater Gazette is published and circulated one time per week; and WHEREAS, the City Council recognizes that there may be instances in which the Stillwater Gazette, as a one-time per week publication. is unable to meet the time limitations imposed upon any required publication of the City so that an alternative publication may be required; and WHEREAS, the Pioneer Press is a newspaper circulated on a daily basis in the City and meets the publication rcquirennents set forth by state law; NOW THEREFORE, BE IT RESOLVED,that the City Council for the City of Oak Park Heights authorizes the Pioneer Press as an alternative publication in any instances in which publication on other than a weekly basis is required to comply with the requirements of the City. Passed by the City Council of Oak Park Heights this 121h day of January, 2021. Mary McComber, Mayor ATTEST: Eric Johnson, City Administrator Page 14 of 76 4� Oak Park Heights Request for Council Action Meeting Date KIMIary 1120')0 Time Required: 1 Minute Agenda Item Title: Approve Resolution for Budget Line Item Adjustments for the COVID-19 Revenue and Expenditures 2020 Agenda Placement Consent Originating Department/Requestor: Belt\ C�11-Uso. Finance Director Requester's Signature Action Requested ADprove Resolution for the Final Budget Adjustments for line_ items related to CARES Act funding and expenditures Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): On July 28, 2020 the Council adopted a COVIDI9 Relief Spending Plan for the $361,709 the City received in CARES Act funding. As the next few months went on, until November 15, 2020. an understanding of the use of the funds was developed the City spent the money in accordance with the developing guidelines. On October 13, 2020 Council Adopted Resolution 20-10-42 amending the original spending plan. The new allocation was in support of the actual spending of the funds which vVas primarily due to the allocating of public health and safety payroll costs as permissible and presumed COVID-19 payroll expenses, The attached Exhibit 1 outlines the CARES Act budget and its allocation, with the final expenditures of the General Fund along with the Water, Sewer and Storm Water Funds. This worksheet reflects the line items that would need to be adjusted to report the budget revenue and expenditures properly in the City's financials for the 2020 year. Action Required: Adopt the Resolution - Approving the Final Budget Line Allocation of the Revenue and Expenditures Related to the CARES Act- Relief Fund City Spending Plan Page 15 of 76 CITY OF OAK PARK HEIGHTS RESOLUTION 21-01-04 A RESOLUTION APPROVING THE FINAL BUDGET LINE ALLOCATION OF THE REVENUE AND EXPENDITURES RELATED TO THE CARES ACT-RELIEF FUND CITY SPENDING PLAN WHEREAS, the City Council did adopt Resolution 20-07-32 that outlined the anticipated expenses for funds received under the Federal CARES ACT; and, WHEREAS,the City Council adopted Resolution 20-10-42 amending the original allocation for the expected final allocation of the Federal CARES ACT due to actual and permitted expenditures in accordance with the established guidelines. NOW,THEREFORE,BE IT RESOLVED, by the City Council of the City of Oak Park Heights that the allocation of revenue and expenditures as prior approved needs to be allocated within the departments and line items of the 2020 Budget as summarized in the attached Exhibit 1. Passed by the City Council of Oak Park Heights this 12th day of January, 2021. Mary McComber Mayor Attest: Eric A. Johnson City Administrator Page 16 of 76 EXHIBIT 1 COVID BUDGET,EXPENDITURES AND FINAL ALLOCATION 7/28/2020 10/13/2020 12/31/2020 ORIGINAL AMENDED FINAL BUDGET BUDGET BUDGET ACTUAL Revenue-Intergovernmental- Federal 361,709.00 361,709.00 361,709.00 361,709.00 101-36020-200 Business Assistance Transfer to Economic Development 50,000.00 52,500.00 52,500.00 52,500.00 101-44444-920 Election Costs 10,000.00 4,000.00 2,100.00 2,115.44 101-40300-311 Legal-Administrative Cost - - 400.00 402.50 101-40200-311 Teleworking General Maintenace-Telemarketing Supplies 29,700.00 5,600.00 8,500.00 8,477.86 101-40000-311 Budgeted Projects-Computers 15,300.00 15,300.00 15,300.00 15,306.38 101-44444-920 Budgeted Projects-Council Chambers 30,000.00 37,100.00 37,100.00 37,061.18 101-44444-920 Total Teleworking 75,000.00 58,000.00 60,900.00 60,845.42 Payroll Expense Administration 1,500.00 23,500.00 23,500.00 23,530.55 101-40400-101 Finance - 23,800.00 23,800.00 23,759.40 101-40600-101 Police 148,500.00 153,009.00 148,609.00 148,573.95 101-41510-101 PW-Street 2,700.00 2,700.00 2,673.86 101-42010-101 PW-Parks 2,300.00 2,300.00 2,339.62 101-44010-101 PW-Water-Transfer of Funds 16,700.00 16,700.00 16,711.60 101-44444-920 PW-Sewer-Transfer of Funds 10,000.00 10,000.00 10,026.96 101-44444-920 PW-Storm-Transfer of Funds 1,700.00 1,700.00 1,671.16 101-44444.920 Total Payroll Expense 150,000.00 233,709.00 229,309.00 229,287,10 Personal Protection Equipment Police-PPE 2,300.00 2,340.00 2,200.00 2,252.73 101-41510-311 General Building-PPE 5,100.00 2,700.00 3,700.00 3,720.05 101-40000-311 Police Computer Supplies 2,600.00 500.00 2,600.00 2,585.78 101-41510-311 Budgeted Projects-Power Washer - 8,000.00 8,000.00 7,999.99 101-44444-920 Total Personal Protecton Equipment 10,000.00 13,500.00 16,500.00 16,558.55 Unallocated 56,709.00 - - Total Cares Act Spending Budget 361,709.00 361,709.00 361,709.00 361,709.01 Page 17 of 76 THIS PAGE INTENTIONALLY LEFT BLANK Page 18 of 76 Oak Park Heights Request for Council Action. Meeting Date: Tuesday August 25 2020 Agenda Item : Update City Hall HVAC Control Software Time Req. 1 Minutes Agenda Placement: Consent Originating Department/Requestor: d Ke le Public Works Director Requester's Signature Action Requested: Accept ro os 1 to Update/uprade QLty Hall HVAC Delta Control Software for$5.,730 funded from bud eted drojects municipal building maintenance fund which has a current balance of$181,620. Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 19 of 76 19 City of Oak Park Heights 14168 Oak Park Blvd N.•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum To: Eric Johnson, Administrator CC: City Council From: Andrew Kegley, Public Works Director k Date: 01/06/2021 Re: HVAC Delta BAS Interface Software Update The City's HVAC control software for Heating and cooling City Hall is outdated and no longer supported. Because the HVAC system is controlled via web interface, the outdated software is clashing with updated web browsers, therefore causing loss of control for the heating and cooling system. To rectify the issue the software needs to be upgraded. Barney Cooper, the original Tech who installed and programmed the Delta system in 2008/2009 is proposing to provide new software and the programming necessary to navigate and control the HVAC system for$5,730. Barney has been responsive to service requests from the beginning and has a unique knowledge of OPH's complex system. I recommend the City accept the proposal from Contrologix Services, LLC for $5,730 to upgrade the HVAC control software. This upgrade will be funded from the City's budgeted projects Municipal Building Maintenance Fund which currently has a balance of$181,620. Page 20 of 76 ;i Air liaglrllinfj 111kil ra... .. Vv r.,..i—I R.r. ••PmPLw IrA fRwea,au, R.�. aarawwa aw,wr�w.ra.a.• l.�.. rnnrar.oewTw !¢rer.>s+.•+V a.prr as C.w 601kwwdla Asan�Nr,•a. �M-. ' sw R.,r R N e•.r•w e•R d�wr+ ••x r •maw t rw t'liva+x '��w. �r�$'�ILYaL 1• iWn.�r.p.�. ..� fit tea• OAA- ZWN0 r s.v Rv u.aprrww*ecs n/r,twwr tis �tiw aM 9rrs L�,y . rtiep Erre,yP�. =� YGa•rr•lfrla f rar.wrww.xer+r. R- r4�1 t w �W^ i a.rr.r Air Ilanrlling 11ni1 ��.. /1ww ar b M1a.a.x...r raryr rare F ... pre-nara+a•+. O aw n..+a.aul.. "..p r r ave..Grave,baro. �>rar Y re.ea•nw � caa.a rrr 4irr ran a1r*wax it �.. c.e+ ave o• h Baa-,r.a T�✓.' 1� •vP:.wpy,p_.ra 6.+ivP+wwe 5M�[ A �.... isityrr SrrW " i�e� Andrew Kegley From: Barney Cooper <bcooper@contrologix.net> Sent: Tuesday,January 5, 2021 8:18 AM To: Andrew Kegley Subject: Oak Park Heights - Building Automation System Interface Upgrade Attachments: Proposal - Oak Park Heights BAS Interface.pdf; enteliWEB Catalog Sheet.pdf Andy, We're recommending replacement of your current BAS Interface Software. We've performed this upgrade for many customers already with 100%satisfaction. Proposal and product data sheet attached Please call or reply if you have any questions. Thanks Barney Cooper 'D e Lta - ControLogix Services 612.442.2252 �� ���� + C U N T..R 0 L S bcooper@contrologix.net 13005 16th Ave N-Ste#500 Authorized Sales&Service Plymouth,MPV 55441 ControLogix.net 1 Page 22 of 76 1 - ControLoglX January 4, 2021 SWON91 LLO: Andy Kegley I Director of Public Works City of Oak Park Heights Deference;Oak Park Heights City Hall—Building Automation System—Interface upgrades Andy, As I menti©ned briefly when we spoke on 1/4,the BAS interface software currently serving City Hall Mechanical Systems is no longer supported by the Manufacturer(Delta Controls), As we saw recently, current Internet Browsers can get h.ung up trying to execute some features gf sol }e web Pages. To enspre Cgmpotibility with modern web browsers into the foreseeable future,we offer the to-allowing sglptionil Graphical User Interface—Software Upgrade; @ Tarnish and install web-based software(EnteliW€B)-Host PC/Server/VM provided by Owner * Create Graphic page§far all Mechanical Systems—similar to existing 0 Configure email event notifications for all critical fault/failure/alarm conditions. + Create hyperlinks in GUI pages for easy access to Schedules, Overrides, Event pb)eEts,and trend Lag information. Total ........................................................... ............................. .................. +rnrrrr!r+r e.r_ ..rr•aerrr..Frxrraay sS A# Control-ogix Services, LLC. Page 1 of 1 1300516 Ave. N,—Suite#5QQ 763.331.0232 Plymouth, MN 55441 Page 23 of 76 ent hWEB ° Software: Enterprise Faci[ity and Energy Management Description Specifications enteliWEB is a web-based application that connects all your facilities and centralizes BACnet Protocol Rev 14 building management operations, site engineering and energy analytics. 6���ipf k7evitt �F€fila View your building your way by creating your own personal dashboards. Whether you Advanced Operator Workstation(B-AWS) are an executive, an energy manager or a building operator, the user experience in aFvr 6�pFaB+mg yfert enteliWEB can be tailored to meet your exact needs. I Microsoft@ Windows Server@ 2019 Microsoft Windows Server&2016 Energy Analytics inside of enteliWEB enables you to turn the existing data and Microsoft Windows Server&2012 sensors inside your building into virtual meters, and manage energy consumption Microsoft Windows ServerO 2008 R2 down to the zone and equipment level. This software-based approach gives you a Standard Edition, complete level of knowledge at a fraction of the cost of installing sub-meters. Microsoft Windows(g)7 Microsoft Windows(D 10 Engineering Tools in enteliWEB allow you to create, edit and save objects, modify €F @F ViFfY@HF4f 4P. system graphics and back up databases from a single modern-looking front-end. VMware@ vCenter Serverxm Microsoft Hyper-VO r Centralize Facility Management and make it easy to integrate scheduling, alarm Microsoft AzureTM management and operations. Connect to all of your buildings under a single login I ArnazonO EC2@ without having to network everything together.Track all building automation Rackspace@ Claud Server- system IBAS) changes by service personnel, partner technicians and facility eliiwit Q0@Fdfif1Q§it§lam managers in enteliWEB. Microsoft windows Server 2016 Microsoft Windows Server 2012 Microsoft Windows Server 2008 R2 1cuwEa Standard Edition Microsoft Windows 7 ®°� �.... Microsoft Windows 10 OS X v10.4 and higher -— Windows Internet Explorer@ 11 and higher �a Firefox&62 and higher Google Ch oMeTm 69 nd rSafari@ 11a d higher higher for Mac Microsoft Edge 41 and higher IZ°C I�....,�... .,,r .n,.:... (ta deltacontrols.com Page 2f67e�+ .nr en teHWEBO enteliWEB Energy enteliWEB Energy is an enterprise energy management package that makes it easy for anyone to understand the energy usage of their building. Leveraging the rich dashboard interface of enteliWEB,you have the tools to view your system's energy usage,set target energy goals and compare your energy usage against historical � A baselines. e 3 Local or Clouts Applications.enteliWEB Energy is the only energy analytics solution that scales from locally installed dashboards and reports to powerful cloud-based analytics. ` Virtuat Meters. Find out exactly which building system is consuming too much energy without having to install costly wired meters.Virtual Meters utilize sensors and the data already gathered by the building automation system to track the energy consumption of every piece of equipment in we-s 4pa 4w Baa your building,giving you unprecedented visibility into your consumption profile.You can also validate the calculated virtual meters with upstream utility meters. ° is Intuitive Dashboards.These interactive dashboards allow you to analyze and breakdown usage to find energy savings. You can also create energy reports,and send and receive them by email. Alerts and Insights. Simple alerts to analytics-based Insights warn you in advance of potential consumption overages. Both alerts and Insights are annunciated in ..... `".."'':"r".' Building Breakd n-Eiecvic entellWEB and can also be set up for email notification. LOO[ a m . a� ♦`Delta. deltacontrols.com Page` 4 G�,P-MY i teHWEB ° Visualizing Your Building enteliWEB makes your data more accessible by presenting information in a visually attractive and user-friendly way. �° — $ '•„ '' _ Enterprise Dashboards.Provide high level information in —� simple graphical formats to help manage the facility's key performance indicators IKPIsI. Personal Dashboards. Personal dashboards are an experience you create yourself. By mixing and matching — widgets, each user gets their own personalized dashboard to keep an eye on things that matter. rr. System Dashboards. Make operating a facility easy by aggregating system graphics,alarm management,energy --- - information and more into a single dashboard screen. Navigator.Automatically scans the BACnet network and presents devices in a logically arranged network tree. BACnet objects can be monitored and commanded directly from Navigator, or opened from Navigator to change the configuration details. enteliVIZTM Graphics. Create HTML5-based intelligent visualizations and equipment graphics in your web browser. Use them in dashboards alongside other widgets,or as full- page standalone graphics. Mobile Friendly. Dashboard and object pages are optimizedfor viewing on your smartphone or tablet.Whether you just want an overview,or you need to override a point, dashboard-driven navigation makes it easy to drill down from high-level views to specific BACnet objects. Finger- friendly buttons and large text mean you don't have to pinch- resspaly _ G' and-zoom to view content. 1.4.i.. 0.2inH20 ■ aowww ■ aAftwd 0 1w:, Multiple Language Display.Support your stakeholders in the e � language that they are most comfortable using. ente[OEB's user-interface can be displayed in one of 22 world languages .—�. r��•. li �„ by selecting the language preference in each user account. t w e Building Automation Reports.Gather information about your building by querying controtlers on the network and displaying them in professional-Looking reports. Reports can rw ° be converted to multiple file types, such as .pdf and .xlsx and emailed automatically on a schedule. Zelta H' S dettacontrals.com Page,2 ���„,�,�, f _ - HWE B ° Centralizing Facility Management enteliWEB provides you the tools to manage multiple sites ........ @nt��� $,. -+ more effectively. z---=---------- t Single login. Manage multiple sites using a single login. i No need to worry about duplicate addresses or networking everything together.All you need is an IP address for each } E site. ; t 1 f Retain Supervisory Control of your entire portfolio of a = BACnet sites. Leave the other vendor's front end on-site . while centralizing your alarm management, scheduling and l energy analytics with enteliWEB. AW&Ai I Version Independent Software.Allows organizations to operate an entire WAN without having to worry about maintaining different firmware versions in the hardware. Restore and Backup. Restore your entire BAS to an earlier state or quickly find a specific backup of a device. Schedule daily,weekly or monthly backups across devices on multiple SII@nt Bf BWwf sites. APPIludtion MEEEMMMEMSEW Platform for Innovation Internet (http, https, Web Services) enteliWEB's suite of developmental tools allow you to create ente WEB mobile apps,customize user interfaces and integrate third- party software. fly API Documentation Available.The enteliWEB application programming interface(API) is well-documented, so that you WO can easily create custom modules,widgets and interfaces to PHP HTML XML MySCIL third-party software. BACnet Web Services.Allow remote applications,such as mobile apps or business systems to communicate with PHP Extension enteliWEB. Alarm Module.The alarm module allows alerts and alarms U00 DACW Stock from non-BACnet systems to be annunciated and managed within enteliWEB. BACnet/IP, BACnet over Ethernet Open Source Reporting Package. Design custom reports in enteliWEB using an industry standard open source report package. Nvit @§ ODBC Driver. Integrate the building automation system with business-level software. ♦Delta deltacontrols.com Page449�, , enteHWEB & Alarms entetiWEB has a robust alarm management system that „ a-- provides a detailed look at the issues and problems that come up on all your sites. mNMI 9— I s C Comprehensive Alarm Management. Includes intelligent visualizations,alarm assignments and operator comments „ ,�•.:_ T, on one screen. Powerful filtering, emailing and priorization make entetiWEB alarm management effective even on your Largest sites. ;...,.__..., i Alarm Widgets.Can be added to any dashboard for a quick summary of specific data types.The maps widget uses pushpins on a map of your building locations to indicate the number and severity of alarms.The alarm list widget shows the active alarms for specific equipment and the widget can be added to system dashboards. .......ter,.,. _ ...... ...,.. _ _...__ Audit Lag Audit togs provide the ability to track changes made to the system.The powerful filtering and timeline chart make it easy to find the information you're looking for, including manual F" changes to outputs, alarm history and any other changes made by the system's users. Electronic Signatures .. _.. . entetiWEB supports electronic record regulations like FDA ® -• - M. _. M Code of Regulations Title 21 Part 11 by enforcing electronic signatures on modifications made in these validated environments. 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C�Oyfiqt 4,7911 PON�NhiFOle A!i Fiqhtb zetta! dettacontrols.com PagedI I � A 0014 Pr9we camppy THIS PAGE INTENTIONALLY LEFT BLANK Page 30 of 76 Oak Park Heights Request for Council Action Meeting Date January 12, 2021 Time Required: 1 minute Agenda Item Title: Approve JPA with Police Dept and State of MN BCA Agenda Placement Consent Agenda Originating Department/Requestor Oak Park Heights Police Det Chief Steve Hansen Requester's Signature Action Requested Approve JPA with Police Dept and State of MN Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): This agreement covers our connection or general access to the state records system Minnesota Criminal Justice Data (CJDN), which is also a conduit to the federal records system. These are high priority connections and essential to the function of the police department or tools which an agency is authorized to access under Minn Stat. 299C.46 Additionally, that state has included a court amendment that covers access of court data too. This will also need signature approval. Part of the process is updating our Joint Powers Agreement with the state. This agreement was last signed in 2010. The state is asking for a resolution of approval Page 31 of 76 RESOLUTION 21-01-05 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF OAK PARK HEIGHT ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS,the City of Oak Park Heights on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety,Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add,modify and delete connectivity,systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW,THEREFORE,BE IT RESOLVED by the City Council of, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Oak Park Heights on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Chief of Police, Steve Hansen or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, City Administrator, Eric Johnson is appointed as the Authorized Representative's designee. 3. That the City Attorney, Kevin Sandstrom or his or her successor,is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, is City Administrator,Eric Johnson appointed as the Authorized Representative's designee. 4. That Mary McComber the Mayor for the City of Oak Park Heights and Jennifer Pinski,the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this I2"day of January 2021 CITY OF OAK PARK HEIGHTS By: Mary McComber Its Mayor ATTEST: By: Eric Johnson Its City Administrator Page 32 of 76 SWIFT Contract# 185766 MN0821400 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension("SCA")and the City of Oak Park Heights on behalf of its Police Department("Agency"). Recitals Under Minn. Stat. § 471.59,the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network(CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch,web services, enterprise service bus and message queuing. For purposes of this Agreement,Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI)National Crime Information Center. 1 Page 33 of 76 SWIFT Contract# 185766 MN0821400 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS)have policies, regulations and laws on access, use, audit, dissemination,hit confirmation, logging, quality assurance, screening(pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations. as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at hitps,.//bcanextest.x.state.mn.us/launchpad/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at bttps:Hsps.x.state.mn.us/sites/bcaservicecatalogLdefault.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gav/divisions/bca/bca- divisions/mnjis/Documents/BCA-Policy-gaLAppropriate-Use-of-Systems-and-Data,pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and(iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement,to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement,the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk,BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7,there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C,the Agency must 2 Page 34 of 76 I SWIFT Contract# 185766 MN082 I 400 keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the transaction occurred and must be made available to the BCA within one (i) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy(see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs,that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Two Hundred Seventy Dollars($270.00) or a total annual cost of One Thousand Eighty Dollars ($1,080.00). Agency will identify its contact person for billing purposes, and will provide updated information to RCA's Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul,MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Chief Steve Hansen, 1.4168 Oak Park Boulevard North, Oak Park Heights, MN 55082, (651)439-4723, or his/her successor. 5 Assignment,Amendments,Waiver,and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement,that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 3 Page 35 of 76 i SWIFT Contract# 185766 MN0821400 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5,the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law,Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored,used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90)but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e)requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court,applicable state statute or federal lacy. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause,"Individual User"means an employee or contractor of Agency. 9.1 Investigation.Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred,Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber 4 Page 36 of 76 SWIFT Contract# 185766 MN0821400 Amendment. None of these provisions alter the Agency's internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and RCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or tenninate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause,upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However,the BCA will be entitled to payment, determ ined on a pro rata basis, for services satisfactorily performed to the extent that funds are available.Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and IO.Venue. 5 Page 37 of 76 SWIFT Contract# 185766 MN0821400 The parties indicate their agreement and authority to execute this Agreement by signing helow. L AGENCY 2. DEPARTMENT OF PUBLIC SAFETY,BUREAU OF CRIMINAL APPREHENSION Name: (PRINTED) Name: Signed: (PRINTED) Signed: Title: (with delegated authority) Title: (with delegated authority) Date: Date: 3. COMMISSIONER OF ADMINISTRATION Naine: (PRINTED) delegated to Materials Management Division By: Signed: Date: Title: (with delegated authority) Date: 6 Page 38 of 76 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Oak Park Heights on behalf of its Police Department ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 185766, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. Page 39 of 76 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. C. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined. herein. ii. "Court Confidential Case In€ormation" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 2 Page 40 of 76 E "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. "Court" shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data. Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. C. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section I. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 Page 41 of 76 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. C. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 Page 42 of 76 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data. Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. C. Marls. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information: which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. a 5 Page 43 of 76 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or throuLh the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall. either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in meriting to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be Iiable to the Court, Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by Iaw and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 6 Page 44 of 76 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all. policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user 11)(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs. to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. C. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the \4 i iinesota Supreme Court for access to Court Records provided via the 7 Page 45 of 76 4' BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division. agcnc\ or bureau 01'the state of Minncsota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Xoticcs. together with applicable sales, use or other taxes. Applicable monthly fees commence teil (10) din s after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. 1t'Iien fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court mai immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section I hereof: 15. WARRANTY DISCLAIMERS. a. WARRAN'T'Y EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HIIZI;IN, COURT, COURT'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data. Services and Policies & Notices, any notice to Court or Subscriber 8 Page 46 of 76 hereunder shall be deemed to have becn reccivcd wlicn personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at lav or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any wav affect the validity of this Subscriber Amendment. 'Flic Nvaiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or �,Nith which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be <rov01,11ed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. G 9 Page 47 of 76 1. SUBSCRIBER(AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CIZIM 1 NAL APPREHENSION Subscriber must attach written verification of authority to sign on behalf of and bind the entity, Name: such as an opinion of counsel or resolution. (PRINTED) Name: Signed: (PRINTED) Signed: Title: (with delegated authority) Title: Date: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Name: Date: (PRINTED) Signed: 4. COURTS Authority granted to Bureau of Criminal Apprehension Title: Name: (with delegated authority) (PRINTED) Date: Signed: Title: (with authorized authority) Date: 10 Page 48 of 76 CJDN Fee Structure Effective July 2018 Statements: All agencies receiving data from the BCA or through the BCA will be charged at least$50 per-month. (Regardless if they are connected directly to us or not) Current paying agencies will continue to pay their current monthly fee regardless of the method of connection. (Exception: See VPN agency charges below) New agencies will pay$50 per-month. Agencies that are currently not paying any fees will be charged $50 per-month. VPN agencies will pay$50 per-month plus $15.00 per-fob p/m (for CJA & Private Law Firm ) or $35 per- fob p/m (for NCJA). $100 one-time charge plus$100.00 fob replacement charge (fobs have a 4-5 year renewal cycle). * BCA Master Agreement with Agency will have language added to reflect Agency/PLF arrangement. Agreement will also allow PLF to support multiple agencies with single connection. Connection types: 1. VPN—Site-Site Connection directly to BCA 2. Direct (CJDN connection) (Additional MN-IT billing is direct to agency upon BCA approving MWIT CJDN WAN Agreement Agency shall have an appropriate agreement (Management Control Agreement with MN.IT)) 3. Shared—Agency shares connection with another BCA connected agency (Agencies are advised to put in place an interagency Agreement (sometimes referred to as downstream agency or agency sitting behind another agency agreement).) 4. Extended--Extending a network connection from a BCA connected agency to an existing agency. (Agencies are advised to put in place an interagency Agreement (sometimes referred to as downstream agency or agency sitting behind another agency agreement).) 1of1 Page 49 of 76 THIS PAGE INTENTIONALLY LEFT BLANK Page 50 of 76 Oak Park Heights Request for Council Action Meeting Date January 12`h, 2021 Time Required: 5 Minutes Agenda Item Title: Lookout Trail—Update and Requested Actions. Agenda Placement Old Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Discussion and Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo from LEE MANN, STANTEC—City Engineer. Page 51 of 76 January 8, 2021 File: 193805070 Attention: Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights MN 55082 Reference: Scope and Fee Amendment for Engineering Services— Lookout Trail Dear Eric: This letter presents an amendment and request for action regarding the design scope of services and fee previously approved by the City Council for the reconstruction of Lookout Trail. The original scope of improvements included the removal and replacement of the existing pavement and curb and gutter to the same configuration as currently exists, the addition of storm sewer piping at various locations and the installation of a bituminous path on the west side of the road. The design of the plans commenced in July and were approximately 70% complete at the time of the neighborhood meeting in October. Pursuant to the neighborhood meeting, in response to the resident feedback, several new options were analyzed as requested, and corresponding cost estimates were prepared. A second neighborhood meeting was held to respond to the resident's feedback and present the new options. The analysis, the second neighborhood meeting and related efforts were not included in the original scope for the design of the project. As a result of the analysis and presentation of options, further feedback from the residents and indications from the City Council, it is our understanding that Option 3 is the preferred configuration for Lookout Trail (see attached Figure). Option 3 would include a paved shoulder along the west side of Lookout Trail that would allow additional space for pedestrians, bicyclists, and parking. In order to complete the design of the project with the new configuration, and accounting for the additional services provided, we have determined the additional fee needed to complete the design of the project per Option 3. It is assumed that there will not be a need for another design related neighborhood meeting. If a need for other meetings and/or analysis is identified during the ongoing design process, the costs for those efforts will be addressed at that time. The additional fee needed (hourly not-to-exceed without prior authorization)to complete the design of Lookout Trail, utilizing Option 3, is $36,400. Page 52 of 76 Revised Schedule The revised proposed schedule for the project is as follows: January 12, 2021 Authorize Design per Option 3, authorize bidding February 9, 2021 Project Update March 18, 2021 Receive bids March 23, 2021 Review Bids, Award Contract May 2021 Begin Construction November 2021 Substantial/Final Completion Council Action Requested 1. Approve Option 3 for the design of Lookout Trail. 2. Approve the scope and fee addition amendment for the design of Lookout Trail in the amount of$36,400. 3. Authorize the completion of plans and specifications for Lookout Trail and solicitation of bids. This letter amending the scope of services for the design of Lookout Trail represent the understanding between the City and Stantec in respect to the amended Project and may only be modified in writing signed by both of us and is subject to the current Master Services Agreement between the City and Stantec. If this letter satisfactorily sets forth the conditions of our amendment to the original Agreement dated 5/21/2020, please sign in the space below and return one copy to our office. Thank you for the opportunity to provide these services. CITY OF OAK PARK HEIGHTS By Print Name and Title Date Page 53 of 76 If you have any questions, need additional information, or wish to discuss this matter in greater detail, please contact me. Regards, Stantec Consulting Services Inc. �0717 )111a'-� L,# "' MN,WI,CA Principal Phone: 612-712-2085 Lee.Mann@stantec.com Attachment: Lookout Trail Option 3 c. file Page 54 of 76 EX. CL OPTION 3: FOG 8618 6' Shoulder/ LINE C&G Parking on MAIL West Side 61 10, 11' SH LD. /PARK Est. Cost = SURMOUN $1,425,000 -TABLE C&G N 8 TYPICAL SECTION-OPTION 3 CITY OF OAK PARK HEIGHTS FIGURE 1 LOOKOUT TRAIL RECONSTRUCTION ®aStantec g .iii nif' Seols � � DATE 01/08/2021 PROJ.NO.193805070 THIS PAGE INTENTIONALLY LEFT BLANK Page 56 of 76 Oak Park Heights Request for Council. Action Meeting Date January 12" 2021 Time Required: 1 minute Agenda Item Title: Appointment of full-time new hire Police Officer Agenda Placement New Business Originating Department/Requestor Chief Steve Hansen Oak Park Heights Police Dept Requester's Signature Action Requested Appointment of full-time new hire Police Officer Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I am requesting the appointment of Ben Badowich as new hire full-time Police Officer. Badowich has successfully completed the hiring process approved by council. This position is to fill vacancy created by the resignation of Officer Tennessen in Spring of 2020. Badowich was 1 of 2 candidates left in the top five applicants that made it to the final selection in the hiring process after the final interview with City Admin and Council members.After review of the final 31 interview and background information of education and employment references,Badowich is selected as a final candidate. 3 other candidates in the top five group have accepted other job offers or removed themselves from the process. Badowich is highly recommended from previous employers and is motivated to come work for a smaller agency. He wants to be more involved with the community outreach programs and has the communication skills to make that a success. I feel.Badowich will be a good fit for this community. Badowich has a strong background in Law Enforcement coming to the OPH PD with over 8 yrs of full-time experience including patrol duties,field training new officers, crime scene management and certified in crisis intervention along with less lethal operations. Due to this experience and training it is expected his training required by OPH PD will be minimal allowing him to fall into the full-time schedule much quicker than a general new hire officer. He will bring experience and training to the department to share with current staff too. I recommend his starting wage be the starting 3 yr step which is an officer with 2 years' experience. After one year of probation and employment with OPH he would then be at the top patrol wage step.This is consistent with what city administration has done with other hires and positions within the City for experienced employees coming to work here. Expected start date would be on or after February 1,2021 with appearance before council for swearing in ceremony at date TBD upon completion of supervised field training program. Requested Action: Aypoint Ben Badowich as full-time Police officer conditioned upon successful completion of a ahvsieal and nsvchological exam as required by POST licensing Page 57 of 76 THIS PAGE INTENTIONALLY LEFT BLANK Page 58 of 76 Oak Park Heights Request for Council Action Meeting Date January 12`h, 2021 Time Required: 5 Minutes Agenda Item Title: 2021 Legislative Consulting Agenda Placement New Business Originating Department/Requestor Mary McComber, Mayor Requester's Signature Action Requested Discussion and Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City may want to consider the engagement of a consultant to again advocate for City goals that may be apparent before the State Legislature in 2021. I have been in contact with Ann Lenczewski of Lockridge Grindal Nauen P.L.L.P. (LGN) for the development of a proposal for such services. They would like to make a presentation to the City Council on January 12th as to their firm's capacities, experience and some discussion of City goals, although these should be more refined —with the assistance of LGN as the 2021 Legislative Session moves closer. The City will want to clarify in its final Legislative Agenda—to be developed that it is advocating for very specific City goals versus more generic policy positions. The 2021 Budget as adopted does include $24,000 for such services and is available if the Council does desire to move forward. NOTE FROM STAFF:LGN's power point presentation is attached to this document. Page 59 of 76 ^� CD 1..L CD L � N N O � U D I f 0 C CO v a� U ruJ m N E 0 zm Qo Page 61 of 76 1 Ln C6 Ln 4--JO L •� .� U O O � V 4-J > E Ln `n OLn Ec O Q E = o V � 0 'Ln >' toO N > O aA 4-j Ln LA 0 c N O 4- j ) M � -&-- c a wo 0 =3 a--r > Ln . _ Ln w O bn V N C O O a) Q) ( ) U oc _ Lh oc V cr) Page 62 of 76 (3) (3) 4-J ate-J a-J N 4-- (3) p =3 O (3) =3 =3 _0 p 0 cn aA 4-J CZO O 4-j '- (3) v 0 0 +J (3) 0 i � aJ •b-0 (3) E(a)E • ca J O p uA U U 'ca O CD E Q Q N N N p O w 'p > 'p . — � � � � r c� � M C � Q +�-+ > o In O aJ � ' r— 0- E E a, — U w U b c = -&-- � p a) U O (3) 4-J ro V) a) a) -0 p -0 4-J _0 4-JN _0 a) cn 32 a, a, c " = W W lO0 W lO0 U Page 63 of 76 a-J p 0 Ln a-J N _0 N C6 =3 =3 O 7; .N ateJ O f6 _ (3) C6 cLn ro to -C c6 4-, c a) t/1 � O O =3 (3) N Q •� N cn � = O N C (3) O V _ �O D V4-J 4-J V D -0p � O ° N > ca > V ca O Ln O Ln Q� •too � Q �; � a., Q w w w •� •� (6 ELn •_ U 0 •(� " W ' O O O ca O U cn Ln Page 64 of 76 0 4-j CO n� W Ln 4- 4-J { A Ln Q� r 4-, r U h, w W 4-j -- _ Ln 4-J o - ca CO r CO 0 Page 65 of 76 N ca N O C6 cn n -biwl*24M RitM _ v T I 0 M — a--+ .� 0 0cn ca E E c� a-J 4-1 _0 (3)ro 4-J — •— W .� J O Ln DC LL 32 Ev Na� _ O =3 0 � �t ri N � V � U (3) (3) =3 = v r U W Page 66 of 76 n� W C) E W 4-j 0 Ln a� � p 3� �0 a--+ CO Co AM Qa n l �ar�„- W C) CO 4—j O z Page 67 of 76 a-J �II C6 N Q (3) o - oLn a � z x r � � U CO w r � 4-jAn Q J =3 o E LLm E O �J CO 4-J CO -0_ f6 .. o m z Page 68 of 76 4-j l4— a--+ CO cQ bn c O t/1 . — c —^ (3)j C) Q 0 ago N o 4j - I 4-j0- =3 Ul D _o W . 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Oak Park Heights Request for Council Action Meeting Date January 12th, 2021 Time Required: 5 Minutes Agenda Item Title: Tax Abatement Requests —Washington County Agenda Placement New Business Originating Department/Requestor Mike Runk, Council Member Requester's Signature Action Requested Discussion and Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Recent public meetings of the City of Stillwater-shown on the CABLE ACCESS channel - related to a proposed development at STH 36 and Manning. Please be aware that Washington County may be approached by this particular developer about providing tax abatement for this development which may have implications to businesses, costs and infrastrcutre in our City. I did provide some documentation related to this matter last week. The County's process for review of an abatement application includes a requirement for a PUBLIC HEARING and I would like the City Council to be prepared to offer comments. Attached is the County Policy -#4006 1 would like the Council to direct staff to monitor this matter, gather relevant information and outline possible impacts to our City should this request to the County actually occur. If the application does occur, Staff is to provide this data to the City Council for possible consideration of submission of comments by the City Council to the PUBLIC HEARING. Page 73 of 76 Was ton Property and Taxation otmty Policy moos Economic Development Abatements (Minnesota Statutes 469.1812—469.1815) Policy The County Board has established a goal to increase its support of economic development efforts within Washington County. The county is committed to investing staff time and financial resources in a planned, coordinated and strategic manner to promote economic development that creates new jobs, retains jobs, increases the county tax base, and enhances the quality of life of the residents of the county. To meet these goals, the county board is committed to partnering with its local communities through the utilization of economic development tools that are available. Economic abatement applications that are submitted under Minnesota Statutes Chapter 469 will be reviewed and considered as provided in this policy. Guidelines Applicants for an economic abatement shall complete an application for economic development abatement that includes: 1. Name and contact information of the applicant 2. Description of request 3. List of parcels included in the abatement request 4. Beginning and ending dates of the abatement 5. The dollar amount or applicable formula of the abatement request 6. Description of the abatement benefits in compliance with M.S. 469.1813 Subd.1 (1) 7. Description of the public interest served by the abatement as defined in M.S. 469.1813 Subd.1(2) Administrative Requirements 1. The proposal must comply with Minnesota Statutes. 2. The proposal must include property identification numbers or legal descriptions and the abatement area must be made up of existing parcels of record. Tax parcels subject to the abatement request must not be in a tax increment financing district. Implemented: July 24, 1990 Page 1 of 3 Revised: November 9, 2010 Revised: October 6, 2015 Page 74 of 76 Policy#4006 3. The Property Records and Taxpayer Services Department may impose a fee commensurate with the complexity of the abatement to cover administrative costs of the program that are anticipated to be incurred over the life of the abatement. Such fee, as applicable, will be included in the terms of the abatement agreement. Restrictions on Economic Development Abatements 1. In compliance with M.S. 469.1813 Subd.1 (1), the county board must find that the expected benefits of the agreement to the county are at least equal the cost. 2. In compliance with M.S. 469.1813 Subd.1 (2), the board must find that the abatement action is in the public interest, because the abatement will meet at least one of the following criteria.- i. riteria:i. Increase or preserve tax base; ii. Provide employment opportunities in the county; iii. Provide or help acquire or construct public facilities; iv. Help redevelop or renew blighted areas; V. Help provide access to services for county residents; vi. Finance or provide public infrastructure; or vii. Phase in a property tax increase of more than 50% not attributable to improvement of the parcel. 3. By statute, abatements may not exceed ten (10) percent of Washington County's net tax capacity. Economic Development Abatement Considerations The county board will consider the following as part of its review and approval of abatements granted under this section: 1. The consistency of the plan with the principles of the county's comprehensive plan for land use and transportation. 2. The extent to which the project has regional impact. 3. The extent to which other taxing jurisdictions participate in the proposed abatement. 4. The extent to which the project impacts county costs for road construction, traffic control, law enforcement, human services and other budgetary items. 5. Whether the abatement includes transit oriented development along transit corridors. 6. The extent to which the abatement contributes to the availability of housing, particularly for persons or families of low and moderate income. Washington County supports housing strategies that create scattered site low income housing options, rather than concentrating development of low income housing in complexes or "projects", or Implemented: July 24, '1990 Page 2 of 3 Revised: November 9, 2010 Revised: October 6, 2015 Page 75 of 76 Policy#4006 7. The extent to which the abatement contributes to economic development. For this purpose, provision of employment opportunities as required by statute will be defined as providing benefits and livable wages. Definitions A. Economic Development Abatement A reduction of part or all of the county tax on a property as an incentive for economic development as authorized by Minnesota Statutes 469.1812 to 469.1815. B. Increase or Preserve Tax Base The extent to which the proposal adds to the county's net commercial and industrial tax base. Responsibility County Board 1. Hold public hearing of abatement request prior to approval. 2. Review and approve by resolution or deny any economic development abatement application and abatement agreement. County Administration 1. Accept applications for economic development abatements under this policy. 2. Ensure the abatements meet the statutory requirements in Chapter 469. 3. Ensure the abatements meet the requirements outlined in this policy. Property Records and Taxpayer Services Department 1. Provide the necessary tax and value information in order to estimate the impact of any approved abatement on the county's tax base and finances. The fiscal disparities contribution must be deducted from the tax capacity used to compute the amount available for purposes of the abatement so that there is no adverse effect on the existing tax base. 2. Provide draft abatement agreement language. 3. Provide for the on-going administration of the abatement as identified in the authorizing resolution. Source 1997 and 2001 Minnesota Legislatures, Chapter 469 County Board motion November 9, 2010 County Board motion October 6, 2015 Implemented: July 24, 1990 Page 3 of 3 Revised: November 9, 2010 Revised: October 6, 2015 Page 76 of 76