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03-12-2024 Council Packet
CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA CITY HALL COUNCIL CHAMBERS TUESDAY, MARCH 12, 2024 6:00 PM, or immediately following conclusion of preceding Worksession 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • City Administrator • Chief of Police • Assistant City Administrator/City Clerk (pg. 2) 6:05 p.m. III. 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). A. Presentation for the Oak Park Heights and Stillwater Convention & Visitor Bureau (pg. 3) B. Presentation from Washington County on Proposed Emergency Housing Services Building (pg. 19) 6:25 p.m. IV. Consent Agenda (Roll Call Vote) C. Approve Bills & Investments D. Approve City Council Minutes — February 27, 2024 (pg. 39) E. Approve Proclamation for April 26 as Arbor Day and May as Arbor Month in Oak Park Heights (pg. 41) F. Approve Replacement of Two Squad Radar Units (pg. 43) G. Approve Service Agreement with Lexipol for Police Department Policy Development (pg. 45) H. Approve Resolution Authorizing Receipt of Donation from Margaret Sandberg (pg. 59) 6:25 p.m. V. Public Hearings 6:25 p.m. VI. Old Business 6:25 p.m. VII. New Business 6:25 p.m. VIII. Other Council Items or Announcements 6:10 p.m. IX. Adjournment Page 1 of 60 City of Oak Park Heights 14168 Oak Park Blvd. N • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 March 5, 2024 Richard Johnson 6218 Peabody Ave N Oak Park Heights, MN 55082 Dear Mr. Johnson: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of a fire extinguisher and/or smoke detector. Your residence was checked on Tuesday, March 5, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Pinski Assistant City Administrator TREE CITY U.S.A. Page 2 of 60 a� Oak Park,%._ G Date: March 12, 2024 Visitor/Public Comment TO: Mayor and City Council FROM: Jacob Rife, City Administrator AGENDA ITEM: Presentation for the Oak Park Heights and Stillwater Convention & Visitor Bureau BACKGROUND: Annually, the Oak Park Heights and Stillwater Convention & Visitor Bureau provides a report to each respective city. Kelly Nygaard will be present to review the attached slides. ATTACHMENTS: 1. Presentation Page 3 of 60 cb 0 c L 0 a) 4-0 41 C c .� 0 4-1 V) U i r�� Page 4 of 60 i O m r•1 L J 4 L N L Q N bJDO L0 Ile L. N U (L6 7 cn Y U U W 4- LL L 0 N U N 00 a Page 5 of 60 a O � o = a , � y a !� o a. a n, w 3 O r tm=a0p o 4 L N L Q N bJDO L0 Ile L. N U (L6 7 cn Y U U W 4- LL L 0 N U N 00 a Page 5 of 60 rU • M N O N • s�� � z LU Page 6 of 60 N Q N L N (3) E N Q O VLn M N O N • s�� � z LU Page 6 of 60 Page 7 of 60 ;t .n e+i i � w P iv Qti 05 O roti CN m w O � t'S N 4 4 ID 4 4 4 4 4 ID ID O C'+ C+� Q Q 6m O kn O 0 O O V �"11 11 Ln db Page 7 of 60 i �Z: (7 E�Fk_gzyaak_ �r 5s^aky� A_s•s _ ~ oax.;x;gksk =xone ,53 �: tic k7aaap""Y�; .W.O u - a o I 'Awl Ar {5 sgffa, 7d� AN O se, Oz CJ 1 '� sae =a:Rx. ak'�2ks9ks; ak W Z 8 "xg°ay`aR N-�,� xsr :g k KBiA• ax= aa4'�ny.9?gip kkkB;Agk R Z "k .Sr aagg � � - ax d� k����Fx a �kgkgkA$kk^as asked dk8, 0 4i /c m E W L x 0 • . •i O +j �N Vf v r o N a O > N a.:, (n i o U � V • N V c X v v A, W N x M f6 i N O vT! •�LMV G� a -J O U i 4J +, f6 v O > C:M N W O t�A L / AteA'' W ��// X J a -J v W/�/� !E N v • bA F— o\° �Om E U o cn •� O 0 O ° L S 0 •— VO) •0 O 0 s V m PW of 60 44 bA c O t EL .5 N 1]1 2 C C -AY w 4! ,p f4 C C 7 rn 1 r_ E � :° •- I V 06 u CL M �u Page 9 of 60 C- } W E M r a �u LLD 0 Page 10 of 60 E 0- E E LLA O O 0 bD 0 LU Q) > m LU p 41 M > fV }J L L 0 V 0 0 0 > Q 0 }J LLL O O 41 i Q E Q �o L7 N D O N L cn 0 cn U D O Q +_+ U + (A + O D 41 Q) N o Y v U Q a m ca 41 Q ca >>O U u Q N .� 2i U Z 2 Page 10 of 60 b�A w r4 l` w IM N M 4 U� Page 11 of 60 U O O — C QU U D cn ~ ri N M Page 11 of 60 He 5 m ru iiiEiiai Os di Page 12 of 60 Cap l5 IT-111,itNilEFI [didd llia f,l oil,1 A* 0%, Page 12 of 60 Page 13 of 60 ►rp Page 14 of 60 _0 Ca V ^ 4-J a -J N Ln 0 0 � •Q O (n 0 U41 L Lcc C: L LL a--+ U- Q L- E E Ca Q• cn i — Q N w ca U cnw Lncn N C: U L m U a- C� a z ►rp Page 14 of 60 w o g 55n i i -N C O H 8 s W N " yypp a0i F I lum, H CL O H O W Q coif O H � r9� • Z • Page 16 of 60 s Cr Page 17 of 60 L 3 L V � � 0 � z � Q .� N N GJ cc GJ �c i a Page 17 of 60 THIS PAGE INTENTIONALLY LEFT BLANK Page 18 of 60 a� Oak Park,%._ G Date: March 12, 2024 Visitor/Public Comment TO: Mayor and City Council FROM: Jacob Rife, City Administrator AGENDA ITEM: Presentation from Washington County on Proposed Emergency Housing Services Building BACKGROUND: Representatives from Washington County will provide an overview of the proposed emergency housing services building. For additional information, please visit: https://www.co.washington.mn.us/3698/Emergency- Housing-Services-Building. ATTACHMENTS: 1. Presentation Page 19 of 60 Page 21 L 0 (3) (3) bn _0 C6 4-- O a -J a) N Q N N N _(3) _0 c O � O aA Ln . Ln 0 N LnLn 0 N � O O - 2 N ca ca N i N p .�j ai 0 _0 �' CC N N >..-0 LM ca a.� ca ca a ro r L m .> � _ a- O cai v �n W • • • • • • Ln Q cO� c � Ln a) Ln - �' bn sE 0 >.. bn ro N���, p fu (n m O /T� O V aA_ Ln ate) .� > w � a� � _ U O LL V) J Page 21 aA E O .O U 0 N a--' a"' U 07 O 0 O _0 ca — '> O O Q � i U E ca O O .0 i U U cOn O N 4-j � N ! U O U j =3 N > +-+ U + ca N cn 00 'U E N U E � m .� _0 o ° o Q U Q i Page 22 •O I- M Gl N M +�+ N +�+ M N O r_ bb N Gl O N O 2 Ln dA (D r— > 4— .N O OE no to W dA N O N O O Q r -- L- bA c Q= r - O � � • � ca O Gl '� N l� O �O l l S �l� WO of CX WO J �l GJ � w �l Q 01 - cm N O m 00 O^ w Ln 14 14 Page 23 m LU N i E O N E O .N O EU W C: Q) � Q) O E U w . 141 El 0 U . O N ca � U a -J C:M (n 'Q) cn O z a� U C: N O cn !Eo LnO =� N Ln Q) CSC C:O 'U Ln Y O Q) . - Q > w Page 24 w r_ E v GJ = 4- 0 O GJ 3., ac Q a-+ •N O �' a-+ S +0.+ a� Q Q Q O Q O i O 3 O Q i� U Q1 as-+ w V a-+ Q CL 3 Q _ N 4J W of O = N O � O � c� on E 0 .� O s 3 � O N ca � U a -J C:M (n 'Q) cn O z a� U C: N O cn !Eo LnO =� N Ln Q) CSC C:O 'U Ln Y O Q) . - Q > w Page 24 Z O TQ w ZZ E-2 NE N C 3Uuoa Page 25 of 60 V, a, CL E c U UE > a) Q Q O o v O L > U CL C � n3 v c 3 w L v � L Q m a CL m Page 26 a 0 iff !!LEM y *IPWAI Aim 1 -r- llml� --- \ Jr i Page 27 II Z zz� Ia m as epi L 0 _0 LL 0 U N 0 0 LL N L LL in -J �-- :<_ x a.t, p I C Y' 7, 7 tt I so Ju V� II kD a -j Page 36 ro ca O CL +-+ •� O •� U O C: -0 ca O C:4-. _ ca ca +-0 E +� ca � O Ln tw p C: p tw Ca O v O � � Q •V C6 � � O pLn }' t�10 E •E O O o Q U U- U - Page 36 I AI Page J7 of I THIS PAGE INTENTIONALLY LEFT BLANK Page 38 of 60 CITY OF OAK PARK HEIGHTS TUESDAY, FEBRUARY 27, 2024 CITY COUNCIL MEETING MINUTES L Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 5:00 p.m. Present: Councilmembers Dougherty, Johnson, Lilj egren, and Runk. Staff present: City Administrator Rife, Police Chief Hansen, Assistant City Administrator/City Clerk Pinski, City Engineer Mann, and City Attorney Sandstrom. Absent: None. Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve the Agenda. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: Mayor McComber reported she attended the WIMG meeting on February 22, the Airport board meeting and the NLC Transportation and Infrastructure meeting on February 23, and the Lake Elmo Airport Commission meeting on February 26. B. Councilmember Dougherty: No report. C. Councilmember Johnson: No report. D. Councilmember Liljegren: No report. E. Councilmember Runk: No report. F. Staff: City Administrator Rife reported the City received the American Council of Engineering Companies Grand Award for the Norell Avenue proj ect. Police Chief Hansen reported that the two newest officers were doing very well, and that members of the department would be attending the funeral for the emergency services personnel who were killed in Burnsville. Assistant City Administrator/City Clerk Pinski reported that Danielle Koenig of 14913 57th Street N 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 — February 13, 2024 C. Approve City Council Minutes — February 13, 2024 D. Appoint George Hoeppner to the Parks and Trails Commission for a Second Term Page 39 of 60 City Council Meeting Minutes February 27, 2024 Page 2 of 2 E. Approve Final Payment — 2022 Mill and Overlay/Pedestrian Improvements F. Approve the Federal Awards Procedure Manual G. Approve Renewal of Consumption and Display Permit for LRS Enterprises Inc dba Sodie's Cigar and Pipe H. Approve License for Sale/Storage of Fireworks at Menards I. Award the Winter 2024 Ash Tree Removals and Stump Grinding Project to SavATree Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VL Old Business: A. Approve an Independent Contractor Agreement with David Mol: City Administrator Rife reviewed the memo in the packet. Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the agreement. Carried 5-0. VII. New Business: None VIII. Other Council Items or Announcements: None IX. Adiourn: Councilmember Runk, seconded by Councilmember Johnson, moved to adjourn at 5:06 p.m. Carried 5-0. Respectfully submitted, Jennifer Pinski Assistant City Administrator/City Clerk Approved as to Content and Form, Mary McComber Mayor Page 40 of 60 a�Oak Park,%._ G Date: March 12, 2024 Consent TO: Mayor and City Council FROM: Lisa Danielson, City Arborist AGENDA ITEM: 2024 City of Oak Park Heights Arbor Day & Arbor Month Proclamation BACKGROUND: Arbor Day is recognized in all 50 states as well as in many other countries. Many communities have special Arbor Day events and activities such as tree plantings. This year Arbor Day is on Friday, April 26th 2024. On Arbor Day and throughout Arbor Month the benefits of tree care and the importance of tree plantings are expressed. Arbor Day and Arbor Month are a great way to get the community active outdoors and make a difference in the appearance of their property and city parks. The City of Oak Park Heights has been named a Tree City USA for 41 years and the award is valued greatly by the community. One of the many eligibility requirements for receiving the Tree City USA award again this year includes this proclamation. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? NO ACTION REQUESTED: Proclaim Friday, April 26th 2024 Arbor Day in the City of Oak Park Heights and the month of May 2024 as Arbor Month in the City of Oak Park Heights ATTACHMENTS: 2024 City of OPH Arbor Day & Arbor Month Proclamation (requires Mayor's signature) Page 41 of 60 CITY OF OAK PARK HEIGHTS PROCLAMATION WHEREAS: Minnesota is home to many of our nation's natural resources, foremost among them are our beautiful and abundant forests; and WHEREAS: Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying the air, conserving soil, water and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and creating beautiful landscapes to make our communities more livable; and WHEREAS: Human activities such as construction damage, pollution and neglect, as well as climatic extremes, disease and insects threaten our trees, creating the need for concerted action to ensure the future of community and rural forests in our state and throughout the country; and WHEREAS: Each individual can act locally to improve the environment by planting trees and ensuring that these trees are protected and receive proper maintenance in the years ahead; and WHEREAS: Each year on the last Friday in the month of April and throughout the month of May, the people of Minnesota pay special tribute to the vital natural resource that our trees represent and dedicate themselves to the continued vitality of our state's community and rural forests; NOW, THEREFORE I, Mary McComber, Mayor of the City of Oak Park Heights, do hereby proclaim Friday, April 26, 2024 to be ARBOR DAY and the month of May, 2024 to be ARBOR MONTH in Oak Park Heights, Minnesota. Signed this, , 2024 Mary McComber, Mayor a� Oak Park,%._ G TO: Mayor and City Council FROM: Steve Hansen, Chief of Police AGENDA ITEM: Replacement of two squad radar units Date: March 12, 2024 Consent BACKGROUND: The police department currently has two squad cars with failing radar units. Each radar unit has two radar cone antennas (front and rear) with a display box in the drivers center console area. The radar antennas have failed and are no longer capable of picking up moving vehicles. These units are 12 yrs and 16yrs old, far surpassing their lifespan of 8 yrs. The units are no longer serviceable and the older radar cone antennas are no longer produced for replacement options. Typically, we wait to replace the units until the new squad change over process, however these have failed prior to 2025 squad rotation. I am recommending we stick with the current brand of Stalker radar and move forward with replacement of the two units at this time which has been funded under budged projects. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? Yes • IF YES, TOTAL COST: $6,168 • BUDGET LINE ITEM: 401 -Budgeted Project Fund BUDGET AMOUNT: $36,000 • WITHIN BUDGET? Yes ACTION REQUESTED: Approval to purchase two Stalker DSR squad radar units ATTACHMENTS: 1- Stalker radar applied concepts, inc quote Page 43 of 60 STALKERradar applied concepts, Inc. 855 E. Collins Blvd Richardson, TX 75081 Phone: 972-398-3780 National Toll Free: 1-800- STALKER Fax: 972-398-3781 Inside Sales Partner QUOTE # 2083667 Diane Satoren +1-972-801-4843 Reg Sales Mgr diane@stalkerradar.com Page 1 of 1 Date: 01/26/24 Peter Bauer 972-398-3780 peter@stalkerradar.com Effective From : 01/26/2024 Valid Through: 04/25/2024 Lead Time: 35 working days Bill To: Customer ID: 013486 Ship To: FedEx Ground City of Oak Park Heights Oak Park Heights Police Dept 14168 Oak Park Blvd N Accounts Payable 14168 Oak Park Blvd Sergeant Chris Vierling Oak Park Heights, MN 55082-6476 Oak Park Heights, MN 55082-6476 Grp Qty Package Description Wrnty/Mo Price Ext Price FT 1 1 806-0022-00 DSR 2 Antenna Radar 36 $2,995.00 $2,995.00 Ln Qty Part Number Description Price Ext Price 1 1 200-0999-40 DSR Enhanced Counting Unit, 1.5 PCB $0.00 2 1 200-1000-40 DSR Modular Display $0.00 3 2 200-1468-00' Dual DSR Ka Antenna $0.00 4 1 200-0921-00 DSR Ergonomic Remote Control w/Screw Latch $0.00 5 1 200-0769-00 25 MPH/40 KPH KA Tuning Fork $0.00 6 1 200-0770-00 40 MPH/64 KPH KA Tuning Fork $0.00 7 1 200-0243-00 Counting/Display Tall Mount $0.00 8 1 200-0244-00 Antenna Dash Mount $0.00 9 1 200-0245-00 Antenna Tall Deck Mount $0.00 10 1 200-0648-00 Display Sun Shield $0.00 11 1 155-2591-08 8 Foot Antenna Cable, IP67 $0.00 12 1 155-2591-20 20 Foot Antenna Cable, IP67 $0.00 13 1 200-0622-00 VSS Cable Kit $0.00 14 1 200-0821-00 DSR Documentation Kit $0.00 15 1 006-0095-00 Fan Noise Suppression Addendum - DSR $0.00 16 1 035-0361-00 Shipping Container, Dash Mounted Radar $0.00 17 1 060-1000-36 36 Month Warranty $0.00 18 1 155-2211-00 Remote Display Interconnect Cable, 10' $89.00 $89.00 Group Total $3,084.00 State Contract # 154200 Vehicle Information: 2024 Ford Interceptor SUV Product $3,084.00 Sub -Total: $3,084.00 Discount $0.00 Sales Tax 0% $0.00 Shipping & Handling: $0.00 Payment Terms: Net 30 days Total: USD $3,084.00 001 This Quote or Purchase Order is subject in all respects to the Terms and Conditions detailed at the back of this document. These Terms and Conditions contain limitations of liability, waivers of liability even for our own negligence, and indemnification provisions, all of which may affect your rights. Please review these Terms and Conditions carefully before proceeding. Page 44 of 60 a� Oak Park,%._ G Date: March 12, 2024 Consent TO: Mayor and City Council FROM: Steve Hansen, Chief of Police AGENDA ITEM: Approve Service Agreement with Lexipol for Police Department Policy Development BACKGROUND: The police department's policies are in need of a comprehensive review and updating. The majority of the policies are from 2011 and are currently blended with city ordinance, state law, LMC, BCA and POST board mandates. The importance of having strong updated policies for both the city and the employees is paramount for everyone's protection along with keeping successful operational guidelines. I have researched a vendor called Lexipol, which currently serves over 200 agencies in Minnesota alone and over 10,000 agencies nationwide. Lexipol has developed over the past 20 years as a leader with accredited background of producing best practices policies with a massive nationwide legal team which includes subject matter experts. Lexipol not only will keep or reflect the most current updated federal and state laws, but also trains each employee of any new updated changes throughout the year. This is accomplished through daily bulletins and testing of subjects which is tracked for the employer to document accountability. I have personally spoken with several local police chiefs and they all endorse this policy management solution. I am requesting OPHPD move forward with this important task of updating our policies and enter into an annual service agreement with Lexipol. The expected full implementation will take approx. 9-12 months as we customize it specifically to OPH. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? Yes • IF YES, TOTAL COST: $21,472.69 • BUDGET LINE ITEM: 101-41510-212 and Public Safety Aid Money BUDGET AMOUNT: $42,000 and $211,362 • WITHIN BUDGET? Yes ACTION REQUESTED: Approve Service Agreement with Lexipol for Police Department Policy Development ATTACHMENTS: 1. Lexipol solutions proposal 2. Lexipol master service agreement Page 45 of 60 11111LEXIPOL Agency's Name: Agency's Address: Agency's Sourcewell Member ID: Attention: Sales Rep: Lexipol's Address: Effective Date: MASTER SERVICE AGREEMENT Oak Park Heights Police Department 14168 Oak Park Blvd N POB 2007 Oak Park Heights, Minnesota 55082 P.111 Ed Chief Steve Hansen Karen James 2611 Internet Boulevard, Suite 100 Frisco, Texas 75034 to be completed by Lexipol upon receipt of signed Agreement This Master Service Agreement (the "Agreement") is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), and the department, entity, or organization referenced above ("Agency") This Agreement consists of: (a) this Cover Sheet (b) Exhibit A - Selected Services and Associated Fees (c) Exhibit B - Terms and Conditions of Service This Agreement is entered into subject to the terms and conditions contained in Sourcewell Contract Number 011822-LXP (the Sourcewell Contract). In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions set forth in the Sourcewell Contract, the terms and conditions of the Sourcewell Contract shall control. Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement. Oak Park Heights Police Department Lexipol, LLC Signature: Signature: Print Name: Title Date Signed: Print Name: Title: Date Signed: Page 46 of 60 Exhibit A SELECTED SERVICES AND ASSOCIATED FEES Agency is purchasing the following: Subscription Pro -rated 9 -mos (April thru Dec 2024) + One Time Implementation QTY 1 DESCRIPTION• Annual Law Enforcement Policy Manual USD 7,079.25 & Daily Training Bulletins (Start: 4/1/2024 End: 12/31/2024) DISC 5% USD 353.96 DED USD 6,725.29 Subscription Line Items Total USD 353.96 USD 6,725.29 1 Law Enforcement Tier I Implementation USD 3,985.00 10% USD 398.50 USD 3,586.50 1 Law Enforcement Tier II Implementation USD 3,626.00 10% USD 362.60 USD 3,263.40 1 Law Enforcement Tier III Implementation USD 2,802.00 10% USD 280.20 USD 2,521.80 1 Law Enforcement Tier IV Implementation USD 3,973.00 10% USD 397.30 USD 3,575.70 1 Law Enforcement Tier V Implementation USD 2,000.00 10% USD 200.00 USD 1,800.00 One -Time Line Items Total USD 1,638.60 USD 1,992.56 USD 14,747.40 USD 21,472.69 Subscription Pro -rated 9 -mos (April thru Dec 2024) + One Time Implementation Sourcewell Discount: Subscription Pro -rated 9 -mos (April thru Dec 2024) + One Time Implementation TOTAL: USD 1,992.56 USD 21,472.69 Annual Subscription Renewal - Jan 2025 Annual Law Enforcement Policy Manual & Daily Training Bulletins (12 Months) USD 9,439.00 1 5% 1 USD 471.95 USD 8,967.05 Subscription Line Items Total I -III 10II I USD 471.95 1 USD 8,967.05 1 USD 471.95 USD 8,967.05 Annual Subscription Renewal - Jan 2025 Sourcewell Discount: USD 471.95 Annual Subscription Renewal - Jan 2025 TOTAL: I USD 8,967.05 *Law Enforcement pricing is based on 12 Law Enforcement Sworn Officers. The foregoing pricing has been prorated for the benefit of Agency and Agency therefore agrees that they will waive the right to cancel this agreement until the end of the first renewal period. Page 47 of 60 Discount Notes 5% MPCA member annual subscription discount. Special Offer: 10% discount on one-time implementation (Tiers 1 - 5) if signed Agreement received on or before 3/31/2024. Notes Subscription pricing based on 12 FT sworn. Page 48 of 60 Exhibit B Terms and Conditions of Service These Terms and Conditions of Service (the "Terms") govern the rights and obligations of Lexipol and Agency under this Agreement. Lexipol and Agency may each be referred to herein as a "party" and collectively as the "parties." 1. Definitions. Each of the following capitalized terms will have the meaning included in this Section 1. Other capitalized terms are defined within their respective sections, below. 1.1 "Agency" means the department, agency, office, organization, company, or other entity purchasing and/or otherwise subscribing to the Lexipol Services set forth in Exhibit A. 1.2 "Agency Data" means data, information, and content owned by Agency prior to the Effective Date, or which Agency provides during the Term of this Agreement for purposes of identifying authorized users, confirming agency or department information, or other purposes that are ancillary to receipt of the Service. 1.3 "Agreement" means the combination of the cover sheet (signature page); Exhibit A ("Selected Services and Associated Fees"); this Exhibit B; and any other documents attached hereto and expressly incorporated herein by reference. 1.4 "Effective Date" means the date specified on the cover sheet (signature page), or as otherwise expressly set forth and agreed upon by Lexipol and Agency in a writing and defined as the "Effective Date." 1.5 "Initial Term" means the period commencing on the Effective Date and continuing for the length of time indicated on Exhibit A. If not so indicated, the default Initial Term is one (1) year from the Effective Date. 1.6 "Lexipol Content" means all content in any format including but not limited to: written content, images, videos, data, information, and software multimedia provided by Lexipol and/or its licensors via the Services. 1.7 "Services" means all products and services, including but not limited to all software subscriptions, professional services, and ancillary support services, as may be offered by Lexipol and/or its affiliates from time to time. 2. Term; Renewal. This Agreement becomes enforceable upon signature by Agency's authorized representative, with an Effective Date as indicated on the cover page. Unless expressly stated in the "Custom Agreement Terms" section of Exhibit A, this Agreement shall automatically renew in successive one-year periods (each, a "Renewal Term") on the anniversary of the Effective Date unless a party provides written notice of non -renewal to the other party at least sixty (60) days prior to such renewal. The Initial Term and all Renewal Terms collectively comprise the "Term" of this Agreement. Termination. 3.1 For Convenience; Non -Appropriation. This Agreement may be terminated at any time for convenience (including due to lack of appropriation of funds) upon sixty (60) days written notice.' 3.2 For Cause. This Agreement may be terminated by either party, effective immediately, (a) in the event the other party fails to discharge any obligation, including payment obligations, or remedy any default hereunder for a period of more than thirty (30) calendar days after it has been provided written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction. 3.3 Effect of Expiration or Termination. Upon the expiration or termination of this Agreement for any reason, Agency's access to Lexipol's Services shall immediately cease unless Lexipol has, in its sole discretion, provided for their limited continuation. Termination or expiration of this Agreement shall not, however, relieve either party from any obligation or liability that has accrued under this Agreement prior to the date of such termination or expiration, including payment obligations. ' Note: fees paid for Online Services are not eligible for refund, proration, or offset in the event of Agency's termination for convenience as Online Services are delivered in full as of the Effective Date. Fees pre -paid for Professional Services are eligible for refund, proration, or offset to the extent such Services have not been delivered or utilized by Agency. Copyright © Lexipol, LLC 1995-2023 Rev. 1.1.2023 Page 49 of 60 4. Fees; Invoicing. Lexipol will invoice Agency at the commencement of the Initial Term and at the commencement of each Renewal Term. Agency agrees to remit payment within thirty (30) calendar days following receipt of Lexipol's invoice. Payments may be made electronically or by mailing a check to Lexipol at 2611 Internet Blvd, Ste. 100, Frisco, TX 75034 (Attn: Accounts Receivable). Lexipol reserves the right to increase fees for Renewal Terms. All fee amounts stated in Exhibit A are exclusive of taxes and similar fees now in force or enacted in the future. Agency is responsible for all third -party fees (e.g., wire fees, bank fees, credit card processing fees). Unless otherwise exempt, Agency is responsible for and will pay in full all taxes related to its receipt of Lexipol's Services, except for taxes based on Lexipol's net income. 5. Terms of Service. The following terms and conditions govern access to and use of Lexipol's Services: 5.1 Online Services. Lexipol's Online Services include all cloud -based services offered by Lexipol and its partners, affiliates, and licensors. Online Services include, without limitation, Lexipol's Knowledge Management System ("KMS") for policy, Learning Management System ("LMS")z, GrantFinder, and Cordico wellness applications (collectively, the "Online Services"). Lexipol's Online Services are proprietary and, where applicable, protected under U.S. copyright, trademark, patent, and/or other applicable laws. By subscribing to Lexipol's Online Services, Agency receives a personal, limited, non-sublicensable and non -assignable license to access and use such Services in conformity with these Terms. 5.2 Professional Services. Lexipol's Professional Services include all Services that are not part of Lexipol's Online Services, and which require the professional expertise of Lexipol personnel and/or contractors, including implementation support for policy manuals, technical support for online learning, accreditation consulting, grant writing and consulting3, and projects requiring regular input from Lexipol's subject matter experts (collectively, "Professional Services"). Lexipol shall provide all Professional Services in accordance with industry best practices. 5.3 Intellectual Property; License. Lexipol's Services and all Lexipol Content are the proprietary intellectual property of Lexipol and/or its licensors, and are protected where applicable by copyright, trademark, and patent laws. Nothing contained in this Agreement or these Terms shall be construed as conferring any right of ownership or use to Lexipol's Services or Lexipol Content. Notwithstanding the foregoing, Agency may, in limited circumstances (e.g. creation, modification, and updating of Agency's policy manuals) create Derivative Works based on Lexipol's Content and shall retain a personal, non-commercial, non-sublicensable and non -assignable license to use such Derivative Works, including beyond the expiration or termination of this Agreement. "Derivative Works" include all work product based on or which incorporates any Lexipol Content, including any revision, modification, abridgement, condensation, expansion, compilation, or any other form in which Lexipol Content, or any portion thereof, is recast, transformed, or adapted. Agency acknowledges and agrees that Lexipol shall have no responsibility to update Lexipol Content used by Agency beyond the Term of this Agreement and shall have no liability whatsoever for Agency's creation or use of Derivative Works. 5.4 Account Security. Access to Lexipol's Services is personal and unique to Agency. Agency shall not assign or otherwise transfer any such rights to any other person or entity. Except as set forth herein, Agency remains responsible for maintaining the security and confidentiality of Agency's usernames and passwords and the security of Agency's accounts. Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency's account or Agency's usernames and/or passwords. 5.5 Agency Data. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol's Services use the Secure Socket Layer (SSL) protocol, which encrypts information as it travels between Lexipol and Agency. However, data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits to or through Lexipol or the Services is 100% secure. Lexipol's use of Agency Data is limited to providing the Services, retaining records in the regular course of business, and complying with valid legal obligations. 6. Confidentiality. During the Term of this Agreement, each party may disclose information to the other party that would be reasonably considered confidential, including Agency Data (collectively, "Confidential Information"). The receiving party will: (a) limit disclosure of any such Confidential Information to the receiving party's authorized representatives; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in this Agreement; and (c) not disclose any Confidential Information to any third party unless expressly authorized by the disclosing party. A party may disclose Confidential Information pursuant to a valid governmental, judicial, or administrative order, subpoena, regulatory request, Freedom of 2 LMS Services include, but are not limited to: PoliceOne Academy, FireRescuel Academy, EMS1 Academy, Correctionsl Academy, and LocalGovU. 3 Agency is responsible for submitting all information reasonably required by Lexipol's grant writing team in a timely manner and always at least five (5) days prior to each grant application submission date. Agency is responsible submissions of final grant applications by grant deadlines. Failure to timely submit required materials to Lexipol's grant writing team will result in rollover of project fees to next grant application cycle, not a refund of fees. Requests for cancellation of grant writing services which have already begun will result in a 50% fee of the total value of the service. Copyright © Lexipol, LLC 1995-2023 Rev. 1.1.2023 Page 50 of 60 2 Information Act (FOIA) request, Public Records Act (PRA) request, or equivalent, provided that the disclosing party promptly notifies, to the extent practicable, the other party in writing prior to such disclosure so that the other party may seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information. Each party shall be responsible for any breach of this section by any of such party's personnel or agents. The parties may also disclose the fact that they are working together, including for promotional purposes, and include each other's name and logo(s) for such purposes. 7. Warranty. LEXIPOL WARRANTS THAT ITS SERVICES ARE PROVIDED IN A PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH PREVAILING INDUSTRY STANDARDS, THAT THEY SHALL BE FIT FOR THE PURPOSES SET FORTH HEREIN, AND THAT SUCH SERVICES SHALL NOT INFRINGE THE RIGHTS OR INTELLECTUAL PROPERTY OF THIRD PARTIES. NOTWITHSTANDING THE FOREGOING, LEXIPOL'S SERVICES ARE PROVIDED "AS -IS" AND LEXIPOL DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 8. Indemnification. Lexipol will indemnify, defend, and hold harmless Agency from and against any and all loss, liability, damage, claim, cost, charge, demand, fine, penalty, or expense arising directly and solely out of Lexipol's gross negligence or willful misconduct in providing Services pursuant to this Agreement. Agency shall likewise indemnify, defend, and hold Lexipol harmless from and against any and all loss, liability, damage, claim, cost, charge, demand, fine, penalty, or expense arising out of acts or omissions by Agency, Agency's personnel, or any party acting on Agency's behalf. 9. Limitation of Liability. Each party's cumulative liability resulting from any claims, demands, or actions arising out of or relating to this Agreement, the Services, or the use of any Lexipol Content shall not exceed the larger of: the aggregate amount of fees paid to Lexipol by Agency during the twelve-month period immediately prior to the assertion of such claim, demand, or action; or $10,000.00. In no event shall either party be liable for any indirect, incidental, consequential, special, exemplary damages, or lost profits, even if such party has been advised of the possibility of such damages. 10. General Terms. 10.1 Entire Agreement. This Agreement embodies the entire agreement between the parties and supersedes all prior agreements with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by either party that is not embodied herein. Terms and conditions set forth in any purchase order or other document that are inconsistent with or in addition to the terms and conditions set forth in this Agreement are rejected in their entirety and void, regardless of when received, without further action. No amendment, modification, or supplement to this Agreement shall be binding unless it is made in writing and signed by both parties. 10.2 General Interpretation. The terms of this Agreement have been chosen by the parties hereto to express their mutual intent. This Agreement shall be construed equally against each party without regard to any presumption or rule requiring construction against the party who drafted this Agreement or any portion thereof. 10.3 Invalidity of Provisions. Each provision contained in this Agreement is distinct and severable. A declaration of invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision. Should any provision or portion thereof be held to be invalid or unenforceable, the parties agree that the reviewing authority should endeavor to give effect to the parties' intention as reflected in such provision to the maximum extent possible. 10.4 Compliance; Governing Law. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders relating to its obligations pursuant to this Agreement. This Agreement shall be construed in accordance with, and governed by, the laws of the state in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. 10.5 Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Notwithstanding the foregoing, this Agreement may be assumed by a party's successor in interest through merger, acquisition, or consolidation without additional notice or consent. 10.6 Waiver. Either party's failure to exercise, or delay in exercising, any right or remedy under any provision of this Agreement shall not constitute a waiver of such right or remedy. 10.7 Notices. Any notice required hereunder shall be in writing and shall be made by certified mail (postage prepaid) to known, authorized recipients at such address as each party may indicate from time to time. In addition, electronic mail (email) to established and authorized recipients is acceptable when acknowledged by the receiving party. Copyright © Lexipol, LLC 1995-2023 Rev. 1.1.2023 Page 51 of 60 i - i1i - rLEXIPOL SOLUTIONS PROPOSAL :j:11:7_11.1111;MI.; Oak Park Heights Police Department Chief Steve Hansen shansen@cityofoakparkheights.com (651) 439-4723 PREPARED BY: Karen James kjames@lexipol.com (949) 325-1230 2611 Internet Blvd, Ste 100 Frisco, Texas 75034 (844) 312-9500 www.lexipol.com Page 52 of 60 Public safety agencies and local government organizations today face challenges of keeping personnel safe and healthy, reducing risk and maintaining a positive reputation. Add to that the dynamically changing legislative landscape and evolving best practices, and even the most progressive, forward -thinking departments can struggle to keep up. Lexipol's solutions are designed to save you time and money while protecting your personnel and your community. Our team consists of professionals with expertise in public safety law, policy, state and federal accreditation, training, mental and physical wellness and grants. We continually monitor changes and trends in legislation, case law and best practices and use this knowledge to create policies, training, wellness resources and funding services that minimize risk and help you effectively serve your community. THE LEXIPOL ADVANTAGE Lexipol was founded by public safety experts who saw a need for a better, safer way to run a public safety agency. Since the company launch in 2003, Lexipol has grown to form an entire risk management solution for public safety and local government. Today, we serve more than 10,000 agencies and municipalities and 2 million public safety and government professionals with a range of informational and technological solutions to meet the challenges facing these dynamic industries. In addition to providing policy management, accreditation, online training, wellness resources, and grant assistance, we provide 24/7 industry news and analysis through the digital communities Police1, FireRescue1, Corrections1, EMS1 and Gov1. Our customers choose Lexipol to make an investment in the safety and security of their personnel, their agencies and their communities. We help agencies address issues that create substantial risk, including: • Inconsistent and outdated polices • Lack of technology to easily update and issue policies and training electronically • Unchecked mental health needs of staff • Difficulty keeping up with new and changing legislation and practices • Inability to produce policy acknowledgment and training documentation • Unfamiliarity of city legal resources with the intricacies of public safety law • The need to secure grant funding for critical equipment, infrastructure and personnel Lexipol is backed by the expertise of 440 employees with more than 2,075 years of combined experience in constitutional law, civil rights, ADA and discrimination, mental health, psychology, labor negotiations, Internal Affairs, use of force, hazmat, instructional design, federal and state grants and a whole lot more. That means no more trying to figure out policy, achieve accreditation, develop training or wellness content, or secure funding on your own. You can draw on the experience of our dedicated team members who have researched, taught and lived these issues. We look forward to working with Oak Park Heights Police Department to address your unique challenges. Page 2 of 6 Page 53 of 60 Policy Manual Constitutionally sound, up-to-date policies are the foundation for consistent, safe public safety operations and are key to reducing risk and enhancing personnel and community safety. Lexipol's comprehensive policy manual covers all aspects of your agency's operations. • More than 155 policies researched and written by public safety attorneys and subject matter experts • Policies based on State and federal laws and regulations as well as nationwide best practices • Content customized to reflect your agency's terminology and structure Daily Training Bulletins (DTBs) Even the best policy manual lacks effectiveness if it's not backed by training. Lexipol's Daily Training Bulletins are designed to help your personnel learn and apply your agency's policy content through 2 -minute training exercises. • Scenario -based training ties policy to real-world applications • Understanding and retention of policy content is improved via a singular focus on one distinct aspect of the policy • Each Daily Training Bulletin concludes with a question that confirms the user understood the training objective • Daily Training Bulletins can be completed via computers or from smartphones, tablets or other mobile devices • Reports show completion of Daily Training Bulletins by agency member and topic Policy Updates Lexipol's legal and content development teams continuously review state and federal laws and regulations, court decisions and evolving best practices. When needed, we create new and updated policies and provide them to your agency, making it simple and efficient to keep your policy content up to date. • Updates delivered to you through Lexipol's web -based content delivery platform • Changes presented in side-by-side comparison against existing policy so you can easily identify modifications/improvements • Your agency can accept, reject or customize each update Web -Based Delivery Platform and Mobile App (Knowledge Management System) Lexipol's online content delivery platform, called KMS, provides secure storage and easy access to all your policy and training content, and our KMS mobile app facilitates staff use of policies and training completion. • Ability to edit and customize content to reflect your agency's mission and philosophy • Efficient distribution of policies, updates and training to staff • Archival and easy retrieval of all versions of your agency's policy manual • Mobile app provides in -the -field access to policy and training materials Reports Lexipol's Knowledge Management System provides intuitive reporting capabilities and easy -to -read reports that enhance command staff meetings and strategic planning. • Track and report when your personnel have acknowledged policies and policy updates • Produce reports showing completion of Daily Training Bulletins • Sort reports by agency member, topic and other subgroups (e.g., shift, assignment) • Reduce the time your supervisors spend verifying policy acknowledgement and training completion Implementation Policy Tier I: High -Risk Policies Benefit from our proven, systematic approach to implementing polices. Tier I represents about 20% of the manual, including foundational policies necessary to provide structure and authority to your policy manual, as well as policies addressing high-risk, low -frequency and high-risk, high -frequency incidents. You'll receive one-on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Implementation Policy Tier II: High -Liability Policies Benefit from our proven, systematic approach to implementing polices. Tier 11 represents about 20% of the manual, including policies that relate to common day-to-day calls for service that have a higher level of potential liability. Page 3 of 6 Page 54 of 60 You'll receive one-on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Implementation Policy Tier III: Daily Operations Policies Benefit from our proven, systematic approach to implementing polices. Tier III represents about 20% of the manual, including policies needed for orderly daily operations of your organization. You'll receive one-on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Implementation Policy Tier IV: Defensibility Policies Benefit from our proven, systematic approach to implementing polices. Tier IV represents about 20% of the manual, including policies essential to agency and agency member defensibility, including civil liability -related topics. You'll receive one-on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Implementation Policy Tier V: Operational Consistency Policies Benefit from our proven, systematic approach to implementing polices. Tier V represents about 20% of the manual, including policies needed to ensure operational consistency across your organization. You'll receive one-on-one collaborative assistance to help you review, customize and adopt the policies efficiently and effectively. Page 4 of 6 Page 55 of 60 Prepared By: Karen James Phone: (949) 325-1230 Email: kjames@lexipol.com Proposal Quote #: Q-77484-4 Date: 2/6/2024 Valid Through: 3/31/2024 Lexipol empowers first responders and public servants to best meet the needs of their residents safely and responsibly. We are the experts in policy, training and wellness support, committed to improving the quality of life for all community members. Our solutions include state -specific policies, online learning, behavioral health resources, funding assistance, and industry news and information offered through the websites Police1, FireRescue1, EMS1 and Corrections1. Lexipol serves more than 2 million public safety and government professionals in over 10,000 agencies and municipalities. The services proposed below are designed to meet your agency's specific goals and needs. Subscription Pro -rated 9 -mos (April thru Dec 2024) + One Time Implementation QTY DESCRIPTIONDED 1 Annual Law Enforcement Policy Manual & Daily Training Bulletins (Start: 4/1/2024 End: 12/31/2024) USD 7,079.25 5% USD 353.96 USD 6,725.29 Subscription Line Items Total USD 353.96 USD 6,725.29 1 Law Enforcement Tier I Implementation USD 3,985.00 10% USD 398.50 USD 3,586.50 1 Law Enforcement Tier 11 Implementation USD 3,626.00 10% USD 362.60 USD 3,263.40 1 Law Enforcement Tier III Implementation USD 2,802.00 10% USD 280.20 USD 2,521.80 1 Law Enforcement Tier IV Implementation USD 3,973.00 10% USD 397.30 USD 3,575.70 1 Law Enforcement Tier V Implementation USD 2,000.00 10% USD 200.00 USD 1,800.00 One -Time Line Items Total USD 1,638.60 USD 1,992.56 USD 14,747.40 USD 21,472.69 Subscription Pro -rated 9 -mos (April thru Dec 2024) + One Time Implementation Discount: Subscription Pro -rated 9 -mos (April thru Dec 2024) + One Time Implementation TOTAL: USD 1,992.56 USD 21,472.69 Annual Subscription Renewal - Jan 2025 Page 5 of 6 Page 56 of 60 ! 111 11111 iiiiiiiiii�illillillillillillipI 1 • Subscription Line Items Total 1 1 USD 471.95 1 1 USD 8,967.05 USD 471.95 USD 8,967.05 Annual Subscription Renewal - Jan 2025 Discount: Annual Subscription Renewal - Jan 2025 TOTAL: USD 471.95 USD 8,967.05 *Law Enforcement pricing is based on 12 Law Enforcement Sworn Officers. The foregoing pricing has been prorated for the benefit of Agency and Agency therefore agrees that they will waive the right to cancel this agreement until the end of the first renewal period. Discount Notes 5% MPCA member annual subscription discount. Special Offer: 10% discount on one-time implementation (Tiers 1 - 5) if signed Agreement received on or before 3/31/2024. Notes Subscription pricing based on 12 FT sworn. Page 6 of 6 Page 57 of 60 THIS PAGE INTENTIONALLY LEFT BLANK Page 58 of 60 a� Oak Park,%._ G Date: March 12, 2024 Consent TO: Mayor and City Council FROM: Steve Hansen Police Chief AGENDA ITEM: Approve Resolution Authorizing Receipt of Donation from Margaret Sandberg BACKGROUND: The Oak Park Heights Police Department received a donation check $50.00 from Margaret Sandberg to be used for community outreach programs. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve resolution ATTACHMENTS: 1. Resolution 24-03-12 Page 59 of 60 RESOLUTION 24-03-12 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING RECEIPT OF A DONATION TO THE POLICE DEPARTMENT WHEREAS, the following donation was made to the City of Oak Park Heights for the Police Department Donation Fund: OPH Resident Margaret Sandberg $50 check WHEREAS, the City of Oak Park Heights is grateful for the donation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights shall accept the donation and that the City is authorized to use the donation for the Police Department Donation fund involving community outreach. Passed by the City Council of Oak Park Heights this 12th day of March, 2024. ATTEST: Jacob Rife City Administrator Mary McComber Mayor Page 60 of 60