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HomeMy WebLinkAbout03-28-2023 City Council Packet Page 1 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 122 Page 3 of 122 Page 4 of 122 Page 5 of 122 Page 6 of 122 Page 7 of 122 Page 8 of 122 Page 9 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 122 Page 11 of 122 Page 12 of 122 Page 13 of 122 Page 14 of 122 Page 15 of 122 Page 16 of 122 Page 17 of 122 Page 18 of 122 Page 19 of 122 Page 20 of 122 Page 21 of 122 Page 22 of 122 Page 23 of 122 Page 24 of 122 Page 25 of 122 Page 26 of 122 Page 27 of 122 Page 28 of 122 Page 29 of 122 Page 30 of 122 Page 31 of 122 Page 32 of 122 Page 33 of 122 Page 34 of 122 Page 35 of 122 Page 36 of 122 Page 37 of 122 Page 38 of 122 Page 39 of 122 Page 40 of 122 Page 41 of 122 Page 42 of 122 Page 43 of 122 Page 44 of 122 Page 45 of 122 Page 46 of 122 Page 47 of 122 Page 48 of 122 Page 49 of 122 Page 50 of 122 Page 51 of 122 Page 52 of 122 Page 53 of 122 Page 54 of 122 Page 55 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 56 of 122 Page 57 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 58 of 122 Page 59 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 60 of 122 Oak Park Heights Request for Council Action Meeting Date March 28th, 2023 Time Required: 1 Minutes Agenda Item Title: Approve MNDOT – Oak Park Heights – Master Service Agreement. Agenda Placement: Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature: Action Requested: Approve MNDOT – Oak Park Heights – Master Service Agreement. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): MNDOT is seeking approval of a Master Service Agreement so that it can facilitate a payment request from the City to MNDOT related to certain testing actions stemming from the Norell Ave. Project – 2022 totaling $1,565.42. ($473.85 + $1,091.57). The work was necessary to be completed andthe City selected to utilize MNDOT lab services – versus other private testing lab; but was billed in error in 2022 to the County and other State office. Approve Resolution related to MNDOT – OPH Master Service Agreement. Page 61 of 122 RESOLUTION ______________ Whereas, it has been presented to the City that Minnesota Department of Transportation (MNDOT) has certain billings it is requesting payment from the City totaling less than $1,00.00 as related to various and necessary testing and lab services - soils and gradations of the City’s 2022 Norell Ave Project; and, Whereas the City was not obligated to utilize MNDOT services to perform this testing but MNDOT was utilized as directed by STANTEC so as to more promptly and efficiently complete these necessary tests; and, Whereas, MNDOT wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and Whereas, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and Whereas, if the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified needs. Therefore, be it resolved: 1.That the City of Oak Park Heights enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the th Council on March 28, 2023; and, 2.That City Officers are authorized to finalize and execute this Agreement and City Administrator may also terminate the Agreement with MNDOT pursuant to its stated terms. 3.That the City Engineer and City Administrator are authorized negotiate work order contracts pursuant to the Master Contract, which may provide for payment to or from MnDOT, and that the City Administrator may execute such work order contracts on behalf of City the without further approval by City Council when there is a prior bona-fide City Council approved project in place. Approved this 28th day of March 2023. By:___________________________ Mayor Mary McComber Attest: ____________________ City Administrator Page 62 of 122 Metro State Aid 651-234-7773 1500 County Road B2, Roseville, MN 55113 sharon.lemay@state.mn.us To: Local AgencyDate:March 23, 2023 RE:Proposed Master Partnership Contract Attached is a copy of a proposedmaster partnership contract between the Minnesota Department of Transportation (Mn/DOT) and your Local Agency. The Master Partnership Contract provides a framework for Mn/DOT and Local Agencies to provide services and payment to each other. A few MnDOTprovided routine services are included in the contract—see Exhibit A--butall other services require work orders describing costs and scope. Kindly review the enclosed documentand if acceptable, arrange to have it presented to your Council/Board for their approval and execution. Please provide signatures only under the Local Government heading. Also required is a new resolution passed by the Council/Board authorizing its officials to sign and execute the agreement on its behalf. (Only the named officials may sign the agreement: if anyone else signs in the named official’s place, the agreement will not be executed.) Please return to me at sharon.lemay@state.mn.us. Please note that no work shall be performed by Mn/DOT personnel until the full execution of the agreement. After execution by Mn/DOT and other State officials, a copy of the agreement will be returned to you. If you have any questionsor require additional information, please feel free to contact me at 651-234- 7773. If your local agency will not be executing this contract, please send me an email informing me of this so I can remove you from our list. Thank You Sharon LeMay, Metro State Aid An Equal Opportunity Employer Page 63 of 122 MnDOT Contract Number: 1052597 STATE OF MINNESOTA MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract referred to as the “State” and the City of Oak Park Heights, acting through its City Council, in this contract referred to as the “Other Party.” Recitals 1.The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a “Work Order” contracts. 7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Contract 1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date: This contract will be effective on the date last signed by the Other Party, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. The Other Party must not begin work under this Contract until ALL required signatures have been obtained and the Other Party has been notified in writing to begin such work by the State’s Authorized Representative. 1.2. Expiration Date. This Contract will expire on June 30, 2027. 1.3. Exhibits. Exhibit A is attached and incorporated into this agreement. 1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the Other Party) for each particular engagement, except for Technical Services provided by the State to the Other Party as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that project. A party must not begin work under a work order until the work order is fully Master Partnership Contract Template 1 Updated 02/09/2022 Page 64 of 122 MnDOT Contract Number: 1052597 executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in the work order. The Other Party understands that this MPC is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC. “Requesting Party” is defined as the party requesting the other party to perform work under a work order contract. “Providing Party” is defined as the party performing the scope of work under a work order contract. 2. Technical Services 2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Other Party. If requested and authorized by the Other Party, these services may be performed by the State for the Other Party without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services is attached. 2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract (If you have questions regarding whether a service is covered under 2.1.1, please contact Contract Management). 2.2. The Other Party may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Other Party if the State will be unable to perform the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Other Party the State’s then-current rate for performing the Technical Services. The then-current rate may include the State’s normal and customary additives. The State will invoice the Other Party upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring a Work Order Contract 3.1. Work Order Contracts: A party may request the other party to perform any of the following services under individual work order contracts. 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services “means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task.” Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) cultural resources, engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing 2 Page 65 of 122 MnDOT Contract Number: 1052597 relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party’s professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully-executed work order in place. If work commences without a fully-executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Other Party will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although “on call” work orders may be prepared for certain types of services, especially for “Technical Services” items as identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. The Other Party will not be paid for work performed prior to execution of a work order contract and authorization by the State. 4.Responsibilities of the Providing Party 4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order contracts. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this MPC or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order contract. For services not requiring an engineer, the Providing Party will 3 Page 66 of 122 MnDOT Contract Number: 1052597 furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party’s authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Other Party is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order Contract will require the Other Party to deposit payment in advance. The costs and expenses will include the current State additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of non- payment. 4.1.5. In connection with the performance of this contract and any work orders issued, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State-approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work order contracts for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted contracts. 4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other’s request, furnish copies of right of way certificates, easements, and construction permits. 4 Page 67 of 122 MnDOT Contract Number: 1052597 4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project work if such changes do not increase the Requesting Party’s cost obligation under the applicable work order contract. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party’s written approval, and the execution of a proper amendment to the applicable work order contract when necessary. The Other Party will tender the processing and defense of any such claims to the State upon the State’s request. 4.3.10. The Other Party must coordinate all trunk highway work affecting any utilities with the State’s Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Other Party is the Providing Party, and there is work performed on the trunk highway right-of- way, the following will apply: a. The Other Party will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no liability to the Other Party, or its contractor, if work is suspended or stopped due to any such condition or concern. b. The Other Party will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. c. The Other Party will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, National Pollutant Discharge Elimination System (NPDES) and other environmental permits. d. All improvements constructed on the State’s right-of-way will become the property of the State. 5. Responsibilities of the Requesting Party 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party’s request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Other Party copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time 6.1. In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment 5 Page 68 of 122 MnDOT Contract Number: 1052597 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s normal and customary additives will apply to work performed by the State, unless otherwise specified in the work order. The State’s normal and customary additives will not apply if the parties agree to a “lump sum” or “unit rate” payment. 7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Other Party under all work order contracts issued pursuant to this MPC will not exceed $500,000.00. 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party’s services, and unless otherwise specifically set forth in an applicable work order contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the MnDOT District Office. The Other Party will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State’s prior written approval for such travel. 7.4. Payment 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Other Party. a. The Other Party will make payment to the order of the Commissioner of Transportation. b. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED FROM MNDOT. c. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1052597W\[XX\] and Invoice Number: ##### (see note above) Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3. Payment by the State. a. Generally. The State will promptly pay the Other Party after the Other Party presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. b. Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State’s authorized representative. The balance due will be paid when the State’s authorized representative determines that the Other Party has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment 8.1. All work performed by the Providing Party under a work order contract must be performed to the Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and 6 Page 69 of 122 MnDOT Contract Number: 1052597 regulations. The Providing Party will not receive payment for work found by the Requesting Party to be unsatisfactory or performed in violation of federal or state law. 9. State’s Authorized Representative and Project Manager 9.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State’s performance. 9.2. The State’s Project Manager will be identified in each work order contract. 10. Other Party’s Authorized Representative and Project Manager 10.1. The Other Party’s Authorized Representative for administering this master contract is the Other Party’s Engineer, and the Engineer has the responsibility to monitor the Other Party’s performance. The Other Party’s Authorized Representative is also authorized to execute work order contracts on behalf of the Other Party without approval of each proposed work order contract by its governing body. 10.2. The Other Party’s Project Manager will be identified in each work order contract. 11. Assignment, Amendments, Waiver, and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order contract without the prior consent of the other and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this MPC, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party’s right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts between the State and the Other Party. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability 12.1. Each party will be responsible for its own acts and omissions to the extent provided by law. The Other Party’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party’s failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this MPC and any work order issued hereunder. 13. State Audits 13.1. Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC. 14. Government Data Practices and Intellectual Property 14.1. Government Data Practices. The Other Party and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Other Party under this MPC and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Other Party or the State. 14.2. Intellectual Property Rights 7 Page 70 of 122 MnDOT Contract Number: 1052597 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. a. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. b. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action 15.1. The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Other Party is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Other Party lets a contract for the performance of work under a work order issued pursuant to this MPC, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.2. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 8 Page 71 of 122 MnDOT Contract Number: 1052597 15.3. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.4. Minn. R. Parts 5000.3400-5000.3600. 15.4.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non- compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.4.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: a. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. d. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. e. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.4.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.4.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16. Workers’ Compensation 9 Page 72 of 122 MnDOT Contract Number: 1052597 16.1. Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any work order contracts issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Other Party individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Other Party’s responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue 18.1. Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors 19.1. The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Other Party lets a contract for work pursuant to any work order, the Other Party must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Other Party for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59. 20.1. The Other Party will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the Other Party. Upon termination, the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2. Termination by the Other Party for Convenience. The Other Party may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination, 10 Page 73 of 122 MnDOT Contract Number: 1052597 the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any work order contract 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 or suspension must be by written or fax notice to the Other Party. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Other Party will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Other Party notice of the lack of funding within a reasonable time of the State’s receiving that notice. 22. Data Disclosure 22.1. Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Other Party consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Other Party to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits 23.1. If any lawsuit or claim is filed by a third party (including but not limited to the Other Party’s contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this MPC, the Other Party will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Other Party will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Other Party will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Other Party, and will not be bound by the terms of any settlement entered into by the Other Party except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions 24.1. NONE \[THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK\] 11 Page 74 of 122 MnDOT Contract Number: 1052597 OTHER PARTY COMMISSIONER OF TRANSPORTATION The Other Party certifies that the appropriate person(s) By: have executed the contract on behalf of the Other Party as required by applicable articles, bylaws, resolutions or Date: ordinances. Title: By: Title: COMMISSIONER OF ADMINISTRATION Date: By: By: Date: Title: Date: 12 Page 75 of 122 Page 76 of 122 Page 77 of 122 Page 78 of 122 Page 79 of 122 Page 80 of 122 Oak Park Heights Request for Council Action th Meeting Date , 202 Time Required: 1 Minute _____________________ Agenda Item Title: Approve NLC- City Summit Registration Agenda Placement Consent Agenda Originating Department/Requestor: Mary McComber, Mayor Requester’s Signature ______________________________________________ Action Requested Approve NLC 202 Early - City Summit Registration and Related Travel Costs for Member Attendance Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Pursuant to MN Stat. 471.661 relating to Out of State Travel and the City’s adopted policy relating to Travel, Conferences and Schools - Section 3, I would like the City Council to consider and approve costs associated with attendance of the National League of Cities – City Summit – planned at this time to be held in – Nov 1 Conferences & Meetings - National League of Cities (nlc.org) - https://www.nlc.org/conferences-meetings/ The cost of attendance for early registration which may open soon is typically in the $600-range versus later registration which is usually about $200 more. I have yet to identify “coach” airfare or base hotel registration costs as these too can carry early registration cost reductions, however the base registration rate usually has a fixed timeline. The NLC City Summit is compliant and consistent with the City’s policy (attached) as it is an annual conference for local government officials to learn about what other cities are doing, interact with other local leaders from around the country and participate in policy discussions that provide direction to the NLC. The NLC is non-partisan and works to support the benefit cities across the nation. At this time the 202 Budget for Council – Travel, Conf and Schools – Account Balance is: $(Acct #40100-203) I would like to register in the “early” window and attend the event. I would also encourage any Council Member to also consider if it may work in their schedules. Page 81 of 122 CITY OF OAK PARK HEIGHTS POLICY ON FUNDING FOR TRAVEL, CONFERNCES AND SCHOOLS FOR ELECTED OFFICIALS Purpose: The City of Oak Park Heights recognizes that its elected officials may receive value from traveling for workshops, conferences, events and other assignments outside of the City. This policy sets forth the conditions under which travel, conferences and schools will be reimbursed (or paid directly) by the City. It is the further intention of this Policy to comply st with Minnesota Statute 471.661. This Policy would take effect on January 1, 2020. General Guidelines: 1.At the time of the creation of the City’sAnnual Budget and as resources permit, the (1) Council may identify and allocate a total amount to Fund #101-40100-203as it deems reasonable to accomplish the purposes of this Policy for the forthcoming year. 2.If funds are allocated in the budget process, the Fund may then be utilized for the following “in-State” purposes without further Council action and in the following order of priority as funds permit: a.The Fund shall be first utilized for the attendance of any City elected official to the League of Minnesota Cities (LMC) Annual Conference and its related travel and lodging expenses. b.the Fund shall also provide the Office of the Mayor resources for attendance to the Minnesota Mayor’s Association Annual Conference including its related travel and lodging expenses. Page 82 of 122 c.The Fund shall cover the related travel, registration and expenses of LMC Newly Elected Officials Training for any newly elected officials, (within the first 12 months in office). d.Metro area meetings (such as those held by the LMC, METRO CITIES, MAOSC and the Coalition of Utility Cities; including but not limited to their related policy development and adoption meetings, Experienced Elected Officials Training or other general training these groups may offer) where overnight accommodations are not necessary. 3.In order to expend any other amounts from this Fund (or any other fund); the event, workshop, conference or assignment (in or out-of-State) must be approved in advance by a majority of the City Council at an open meeting andmust include an estimate of the costs including the event, travel and /or lodging. In evaluating the request, the Council will consider the following: Whether the elected official will be receiving training on issues relevant to the City or to his or her role as the Mayor or as a council member; Whether the elected official will be meeting and networking with other elected officials to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full council. Whether the elected official has been specifically assigned by the Council to testify on behalf of the city or to otherwise meet with elected state or elected federal officials on behalf of the city. Whether the city has sufficient funding available in the budgeted Fund to pay the cost of the trip. If the budgeted Fund does not have resources, the Council will be required to identify and approve an alternative funding source. 4.No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 5.The City may make payments in advance for airfare, lodging and registration if necessary. Otherwise all payments will be made as reimbursements to the elected official. 6.Use of the most cost-efficient mode of travel available, taking into consideration reasonable time constraints, is required. 7.Airfare will be reimbursed at the coach rate. Page 83 of 122 8.Mileage will be reimbursed at the IRS rate. If two or more council members travel together by car, only the driver will receive reimbursement. The City will reimburse for the cost of renting an automobile if necessary, to conduct city business. 9. Lodging and meal costs are limited to those which are reasonable and necessary. 10.Receipts are required for lodging, airfare, and meals and should accompany an expense report form. It is not necessary to have receipts for cabs and tips. The expense report form shall be submitted to the City Clerk (or Finance Department) for payment within 30 days after the event. 11.The City will not reimburse for alcoholic beverages, personal telephone calls, costs associated with the attendance of a family member, rental of luxury vehicles, separate meal expenses when otherwise included in the cost of registration, or recreational expenses such as golf or tennis. 12.Elected officials are encouraged to give oral or written reports on the results of the trip / event at the next Council meeting and are encouraged to collect and share reasonable materials received to the balance of the Council. 13.The City Council may make exceptions to the policy as deemed reasonable and necessary by a majority of the City Council. Page 84 of 122 Oak Park Heights Request for Council Action th Meeting Date March 28, 2023 Time Required: 5 Minutes Agenda Item Title:Opioid Settlement– MN AG Recent Actions Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester’s Signature Action Requested: See Below Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): TheCityisaware of the recentactionbythe State ofMinnesotaAttorneyGeneral’s Officeandotherstates andentities nationwide potentially coming to a pending class action settlement of the ongoing OPIOID LITIGATION with various drug manufacturers – PLEASE SEE THE ENCLOSED FACTSHEET fromthe LMC. The questiontoOakParkHeights is should itormustthe City be a signatory (“opt-in”) tothe settlementin some capacity? Unfortunately, it isnot clearif the Cityis beingaskedbythe State of Minnesota toopt-in–as theavailable materials and document language appears toconvey interest in seeking“sign-on” by larger counties andcities of over30,000 population (or in some instances, over 10,000). Nor does it appear our City would be a direct party totheAgreements nor receive directfunds dueto smallersize. However, the implication in the narrative fromthe Attorney Generalisthat the more cities “sign-on” the total amount of payments flowing to Minnesota may increase –specifically: “…The more cities and counties that join, the more money everyone in Minnesota will receive.” City Attorney Kevin Sandstrom will provide more guidance at the Council Meeting. Requested Action:Consider attached Resolution Page 85 of 122 Settlements have been reached with opioid manufacturers TevaPharmaceuticals and Allergan, and retail pharmacy chains Walmart, CVS and Walgreens. Awards are dependent on participation by both litigating and non-litigating local governments and could exceed $235 million over 15 yearsfor Minnesota. To maximize the money coming to Minnesota, all cities with populations over 10,000 are being asked to sign on to these settlements by April 18, 2023. Anticipated breakdown of payoutsnationwide: Tevawill pay up to $4.25 billion over 13 years. Allergan will pay up to $2.37 billion over 7 years. Walmart will pay up to $3.1 billion over 6 years, with a possibility for states to earn the entire amount in the first year. CVS will pay up to $5 billion over10 years. Walgreens will pay up to $5.7 billion over 15 years . State/Local Government Memorandum of Agreement Under the MOA, abatement funds will be directed as follows: Seventy-five percent (75%) will be paid directly to counties and certain cities/other municipalities that participate in the settlement process(e.g., cities over 30,000 population and any city that has a public health department). Twenty-five percent (25%) of the abatement funds will be paid directly to the State. Any cityallocated a share may elect to have its full share or a portion of its full share directed to the county or counties in which it is located. Each county must consult annually with cities in its jurisdiction regarding future use of settlement funds, including holding an annual public meeting to receive input on proposed uses and to encourage collaboration between local governments. Action steps for cities by April 18, 2023 A notice of the settlements with Teva, Allergan and the three pharmacy chains along with the invitation to join was sent to cities on March 8, 2023. Participation issimilar to the processcities usedfor joining last year’s Johnson & Johnson and distributors settlements. The deadline to participate in this latest round of settlements is April 18,2023. Action Step, due byApril 18: Cities with 2019 populations of at least 10,000 must sign documents via DocuSignand execute an amendment to last year’s MOA. These documents are included intheemail from opioidsparticipation@rubris.com. Page 86 of 122 The League’s Role Since 2022, the League has been working closely with state and local government partners to develop and implementa state-subdivision agreement (or “Minnesota Memorandum of Agreement”) designed to maximize the settlement funds coming to the state from litigation against opioids manufacturers and distributors. The money is earmarked to fund needed abatement and remediation programs to fight against the devastating impacts on Minnesota communities borne from the opioid crisis. The League continues to work closely with state/county partners to facilitate communications about the settlement sign-on process and reporting requirements that will reflect how settlement funds are being used across the state. League Resources and Contacts Visit the League’s website for links to these resources and latest news: lmc.org/resources/opioid- epidemic/. Please direct questions to the League of Minnesota Cities General Counsel: (800) 925-1122. PatriciaBeety, General Counsel EdwardCadman, Associate General Counsel pbeety@lmc.org ecadman@lmc.org (651) 281-1270 (651) 281-1229 Page 87 of 122 RESOLUTION ____________ RESOLUTION AUTHORIZING OAK PARK HEIGHTS CITY STAFF TO EXECUTE ALL NECESSARY DOCUMENTS TO ENSURE OAK PARK HEIGHTS CITY PARTICIPATION IN THE MULTISTATE SETTLEMENTS RELATING TO OPIOID SUPPLY CHAIN PARTICIPANTS, AND IN THE MINNESOTA OPIOIDS STATE- SUBDIVISION MEMORANDUM OF AGREEMENT WHEREAS, the State of Minnesota and numerous Minnesota cities and counties are engaged in nationwide civil litigation against opioid supply chain participants related to the opioid crisis; and WHEREAS, the Minnesota Attorney General has signed on to multistate settlement agreements with several opioid supply chain participants, but those settlement agreements are still subject to sign-on by local governments and final agreement by the companies and approval by the courts; and WHEREAS, for the April 2023 agreements there is a deadline of April, 18 2023, for a sufficient threshold of Minnesota cities and counties to sign on to the above-referenced multistate settlement agreements, and failure to timely sign on may diminish the amount of funds received by not only that city or county but by all Minnesota cities and counties from the settlement funds; and WHEREAS, representatives of Minnesota’s local governments, the Office of the Attorney General, and the State of Minnesota have reached agreement on the intrastate allocation of these settlement funds between the State, and the counties and cities, as well as the permissible uses of these funds, which will be memorialized in the Minnesota Opioids State-Subdivision Memorandum of Agreement, as amended (the “State-Subdivision Agreement”); and WHEREAS, the State-Subdivision Agreement creates an opportunity for local governments and the State to work collaboratively on a unified vision to deliver a robust abatement and remediation plan to address the opioid crisis in Minnesota; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Oak Park Heights, Washington County, Minnesota the City of Oak Park Heights supports and agrees to the State- Subdivision Agreement; and BE IT FURHTER RESOLVED, the City of Oak Park Heights supports and opts in to the April 2023 multistate agreement and all future multistate settlement agreements with opioid supply chain participants; and BE IT FURHTER RESOLVED, the City of Oak Park Heights authorizes City staff to execute all necessary documents to ensure Oak Park Heights City participation in the multistate settlement agreements, including Participation Agreement(s) and accompanying Release(s), and the State- Subdivision Agreement(s), unless and until such authority is revoked. This Resolution was declared duly passed and adopted and was signed by the Mayor and th attested to by the City Administrator on the 28 day of March 2023. Mayor Mary McComber Attest: Eric Johnson, City Admin istrator Page 88 of 122 City of Woodbury, Minnesota Office of City Administrator Council Letter 23- April 12, 2023 To: The Honorable Mayor and Members of the City Council From: Clinton P. Gridley, City Administrator Subject: Resolution Authorizing Woodbury City Staffto Execute All Necessary Documents to Ensure Woodbury City Participation in the Multistate Settlements Relating to Opioid Supply Chain Participants, and in the Minnesota Opioids State-Subdivision Memorandum of Agreement Summary Five new proposed national opioid settlements have been reached with Teva, Allergan, CVS, Walgreens and Walmart (“New National Opioid Settlements”) in which the State of Minnesota is participating. In March of 2023, the City was notified of these new proposed settlements and our potential participation as part of our continued participation in the National Opioid Litigation Settlements, originally reviewed and approved by the City Council on December 16, 2021. To participate in the New National Opioid Settlements, a participation form for each settlement must be executed, without alteration, and submitted on or before April 18, 2023, in order for the City to be considered for initial participation calculations and payment eligibility. An Amended Memorandum of Agreement (MOA) must also be executed and submitted as soon as possible in order for the City to be considered a “Participating Local Government” under the Amended MOA. City participation in the New National Opioid Settlements has been reviewed and is recommended by staff, the City Attorney and the League of Minnesota Cities for the City to participate. Recommendation Staff recommends Council adopt the attached resolution approving authorizing Woodbury City staff to execute all necessary documents to ensure Woodbury City participation in the multistate settlements relating to opioid supply chain participants, and in the Minnesota Opioids State- Subdivision Memorandum of Agreement. Fiscal Implications The amount the State of Minnesota will receive the City’s share of that have yet to be determined. Awards are dependent on participation by both litigating and non-litigating local governments and could exceed $235 million over 15 years for Minnesota. Page 89 of 122 Council Letter 23- April 12, 2023 Page 2 Under the MOA, abatement funds will be directed as follows: Seventy-five percent (75%) will be paid directly to counties and certain cities/other municipalities that participate in the settlement process (e.g., cities over 30,000 population and any City that has a public health department). Twenty-five percent (25%) of the abatement funds will be paid directly to the State. Policy Not applicable Public Process On December 16, 2021, Council approved the Memorandum of Agreement (MOA) between the State of Minnesota and Local Governments and authorized participating in National Opioid Settlements. This is the first public process for New National Opioid Settlements. Background Based upon subdivision participation forms received on or before April 18th, the subdivision participation rate will be used to determine whether participation for each deal is sufficient for the settlement to move forward and whether a state earns its maximum potential payment under the settlement. If the settlement moves forward, the City’s signed release will become effective. If a settlement does not move forward, that release will not become effective. Any subdivision that does not participate cannot directly share in the settlement funds, even if other participating subdivisions are sharing in settlement funds. Any subdivision that does not participate will also reduce the amount of money for programs to remediate the opioid crisis in Minnesota. It should also be noted, a subdivision will not necessarily directly receive settlement funds by participating. To promote efficiency in the use of abatement funds and avoid administratively burdensome disbursements that would be too small to add a meaningful abatement response, certain smaller subdivisions do not automatically receive a direct allocation (this is not anticipated to occur for the City of Woodbury). However, participation by such subdivisions will help maximize the amount of abatement funds being paid to Minnesota, including those going to counties and cities. Any City allocated a share may also elect to have its full share or a portion of its full share directed to the county or counties in which it is located. Written By:Angela Gorall, Assistant City Administrator Approved Through: Clinton P. Gridley, City Administrator Attachment: 1.Resolution 2. Amended Minnesota Opioids State-Subdivision Memorandum of Agreement (red-lined) Page 90 of 122 Oak Park Heights Request for Council Action th Meeting Date March 28, 2023 Time Required: 5 Minutes Agenda Item Title: Possible Setting of Public Hearing - APIARIES / BEE KEEPING Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature Action Requested Discussion/ Possible Action Staff would like to have a check-in with Council on the following Items: One of the topics discussed at the 3/14/23 work-session was the concept of holding a PUBLIC HEARING related to a possible ordinance amendment that may allow limited apiary / bee keeping in the City. These are not permitted in the City per the current ordinance, but recall the th City has been approached by a resident on Upper 55Street to reconsider this. If a PUBLIC HEARING is something the Council might desire to hold as a chance to hear more information on the topic – both positive and negative.. or whatever it may be… it might desire to set a date for that. In addition, does it desire that to be at the Planning Commission or at the City Council. The staff memo dated 3/9/23 is attached. Page 91 of 122 City of Oak Park Heights 14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Phone (651) 439-4439 Fax (651) 439-0574 3/9/23 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: Apiary / Bee Keeping th The Council is aware that a resident Mr. Mike Houde who resides at 14529 Upper 55approached the City Council in February indicating if there is a possibility to consider the allowance of the keeping of bees in the City. The City’s current rules 602.08 prohibit that as outlined in City Ordinance. I dorecall that concerns for this 10 years ago+/- was that there was a dispute between a neighbor who cited that their child was allergic to bees and sought some prohibition prior to any establishment of such un the City – perhaps beyond the one known the neighborhood. Since that time, it appears that – like the keepingof chickens – perhaps due to COVID – there is some desire for a “cottage” industry of these things..Many cities now allow chickens – including OPH that did not 10 years ago. Perhaps Apiaries are the same? Mr. Houde has supplied a letter and several examples of communities in the metro area that allow some limitedbee keeping. In comparing these – including Stillwater’s – they substantivelyfollow the MODEL ORDINACE as offered from the Minnesota Hobby Bee Keepers AssociationMN Hobby Beekeepers (mnbeekeepers.com) – this website offers significant MN based data on the issue. https://mnbeekeepers.com/wp-content/uploads/MHBA-Model-Ordinance-2018.pdf While anecdotally, I have not personally heard of issues with this type of land –use as being wholly incompatible with a residential nature in a low density setting. The City can require permittingand limitations similar to chickensand is what other communities utilize. Perhaps the City considers holding a publichearing on the concept ofit may be the next step? Enclosures: 1. Letter from Mike Houde & Examples 2. Model Bee Keeping Ordinance Page 92 of 122 Page 93 of 122 Page 94 of 122 Page 95 of 122 Page 96 of 122 Page 97 of 122 Page 98 of 122 Page 99 of 122 Page 100 of 122 Page 101 of 122 Page 102 of 122 Page 103 of 122 Page 104 of 122 Page 105 of 122 Page 106 of 122 Page 107 of 122 Page 108 of 122 Page 109 of 122 Page 110 of 122 Page 111 of 122 Page 112 of 122 Page 113 of 122 !!Nbz!2:-!3129! ! ! NPEFM!CFFLFFQJOH!PSEJOBODF! ! qsfqbsfe!cz!uif! Njooftpub!Ipccz!Cfflffqfst!Bttpdjbujpo! ! 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Tfdujpo!:/!Tbwjoht!Dmbvtf/! ! Jo!uif!fwfou!boz!qbsu!pg!uijt!psejobodf!ps!jut!bqqmjdbujpo!up!boz!qfstpo!ps!qspqfsuz!jt!ifme! up!cf!vofogpsdfbcmf!gps!boz!sfbtpo-!uif!vofogpsdfbcjmjuz!uifsfpg!xjmm!opu!bggfdu!uif! fogpsdfbcjmjuz!boe!bqqmjdbujpo!pg!uif!sfnbjoefs!pg!uijt!psejobodf-!xijdi!xjmm!sfnbjo!jo! gvmm!gpsdf!boe!fggfdu/! ! Tfdujpo!21/!Fggfdujwf!Ebuf/! ! Uijt!psejobodf!tibmm!cfdpnf!fggfdujwf!po!````````````````````-!31``````/! ! ! Qbhf!6!pg!6! Page 118 of 122 Oak Park Heights Request for Council Action th Meeting Date March 28, 2023 Time Required: 5 Minutes Agenda Item Title: Schedule Worksession – Continued 2023 Goalsetting Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester’s Signature Action Requested Discussion/ Possible Action Staff would like to have a check-in with Council on the following Items: Continued discussion from 3/14/23. thth Possibly prior to April 11 or April 25 meeting? 5 pm? Page 119 of 122 THIS PAGE INTENTIONALLY LEFT BLANK Page 120 of 122 Oak Park Heights Request for Council Action th Meeting Date March 28, 2023 Time Required: 1 Minutes _____________________ Agenda Item Title: Resolution Declaring Local State of Emergency Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester’s Signature Action Requested _Approve Resolution Declaring Local State of Emergency for Flood Assistance and Operations - 2023 Based upon further communication with the Chief of Police and other Emergency Managers within our community, there is a possibility of flooding impacts related to the St. Croix River and as a result of this year’s spring melt. The City generally has three “properties” along the riverway, lying east of STH 95 being: Sunnyside Condominiums & Marina, the Wastewater Treatment Facility and Xcel Energy. As it relates to the Marina, this area is well managed and prepared for the rise in the water as they have been through this many-times and begin installing barricades and flood proofing of buildings at the 688 ft stage. Xcel Energy has been issued an emergency permit to build a 1,400 linear foot dyke and the WWTF is implemented necessary steps as required by the MET COUNCIL/ STATE. It is vital to note that Sunnyside Condominiums are at an elevation that is significantly above this elevation being – over 700 ft. While this is a traditional spring concern, in the event there are some significant changes in these reports it is important to be able to react quickly. Thus, the issuance of an EMEREGNCY DECLARATION that empowers the City Emergency Government Manager – Chief Hansen to reasonable implement actions – where possible - to address some matters and secure resources outside the traditional bidding protocols. The enclosed resolution provides the Chief such reasonable authority and may help in the securing of possible reimbursements. SEE REAL-TIME NOAA INFORMATION: https://water.weather.gov/ahps2/probability_information.php?wfo=mpx&gage=stlm5 Page 121 of 122 RESOLUTION ______ A RESOLUTION A LOCAL STATE OF EMERGENCY FOR FLOOD ASSISTANCE AND OPERATIONS WHEREAS, the City Council of the City of Oak Park Heights finds that the following situation exists: The National Weather Service has predicted that a flood event associated with spring melt and rains may impact Oak Park Heights threatening to damage to both public and private property in Oak Park Heights and its service areas and to impact the functions of city government and emergency services. The City is actively working to reduce the impact of this flood event by undertaking protective actions for public property and persons, and the cost of protective actions, response, and recovery from this flood event may be beyond the resources of the City; and, WHEREAS, the City Council finds that the situation is sudden and unforeseen and could not have been anticipated; and, WHEREAS, the City Council finds that conditions in the City can worsen considerably – without notice or reasonable time to convene further Council meetings as a result of the situation; and, WHEREAS, the City Council finds that this situation can threaten the health, safety, and welfare of the community; and, WHEREAS, City Ordinance 1118 outlines roles, obligations and processes on how the City responds to emergencies. NOW THEREFORE, BE IT RESOLVED BY THE OAK PARK HEIGHTS, MINNESOTA, ocal state of emergency effective immediately a nd that the City’s emergency/disaster plan is hereby invoked that the Emergency Manager for the City Chief Steve Hansen is empowered with authority to implement reasonable actions to protect the City, its residents, businesses and local infrastructure. BE IT ESOLVED, that the State of Emergency effective , unless extended or shortened by the City Council. th Passed by the City Council for the City of Oak Park Heights this 28 day of March 2023 __________________________________ Mary McComber, Mayor Attest: __________________________________ Eric Johnson, City Administrator Page 122 of 122