Loading...
HomeMy WebLinkAbout01-14-2025 Council PacketCITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA CITY HALL COUNCIL CHAMBERS TUESDAY, JANUARY 14, 2025 Oath of Office/Swearing-In Ceremony — 5:45 p.m. Regular Meeting —following conclusion of Oath of Office (approximately 6:00 p.m.) 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. II. 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. 3) 6:10 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). 6:10 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — December 10, 2024 (pg. 5) C. Approve 2025-2027 Washington County Conservation District East Metro Water Education Program Agreement (pg. 9) D. Authorize Fat Tire Bike Rally on City Trails — January 26, 2025 (pg. 17) E. Approve City Hall Generator Maintenance Contract (pg. 29) F. Approve 2025 Home Occupation Permit Renewal Requests (pg. 39) G. Approve Resolution Designating the Stillwater Gazette as the Official Newspaper for Publications in 2025 (pg. 41) H. Approve Resolution Appointing Professional Consultants for 2025 (pg. 43) I. Approve Resolution Granting the Application of Ducks Unlimited St. Croix Valley Chapter to Conduct a One -Day Raffle at St. Croix Event Center on May 1, 2025 (pg. 45) J. Approve Resolution Authorizing the St. Paul Pioneer Press as the Alternate Newspaper for Publications in 2025 (pg. 47) K. Approve The Agreement Between The City Of Oak Park Heights And Washington County For Coordinated Mental Health Response (pg. 49) 6:15 p.m. V. Public Hearings 6:15 p.m. VI. Old Business Page 1 of 60 6:15 p.m. VIL New Business 6:15 p.m. X. Other Council Items or Announcements 6:15 p.m. XI. Adjournment Page 2 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 January 7, 2025 Colin Grundtner 14250 Upper 54th Street North Oak Park Heights, MN 55082 Dear Mr. Grundtner: 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, January 7, 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 3 of 60 THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 60 CITY OF OAK PARK HEIGHTS TUESDAY, DECEMBER 10, 2024 CITY COUNCIL MEETING MINUTES L Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren, and Runk. Staff present: City Administrator Rife, Police Chief Hansen, City Attorney Sandstrom, City Planner Richards, and Assistant City Administrator/City Clerk Pinski. Absent: None. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the Agenda. Carried 5-0. II. Lifesaving Awards: Chief Hansen presented Lifesaving Awards to Thomas Dunn, Michael Renfro, and Olivia DuBois. III. Summary of Closed Session from November 26.2024 Citv Council Meetin City Attorney Sandstrom reported that the City Council met in a closed session to discuss a purchase offer related to property identified as PID 03.029.20.24.0038. He said staff was taking steps on negotiation, and no action was taken in the closed session. IV. Council/Staff Reports: A. Mayor McComber: She reported she attended the Lake Elmo Airport Commission meeting on November 25 where they reviewed the sound study, and she attended the Executive Energy Transition Aid Committee meeting on November 26 and the Energy Transition Aid Committee quarterly meeting on December 4. B. Councilmember Dougherty: No report. C. Councilmember Johnson: She reported she attended a League of Minnesota Cities meeting the previous week. D. Councilmember Liljegren: He reported the Planning Commission meeting was cancelled. E. Councilmember Runk: He reported he would be attending the Convention and Visitor's Bureau meeting on December 11. F. Staff: City Administrator Rife reported the Chamber's Gingerbread House Contest was set for December 14 at the Water Street Inn. Chief of Police Hansen reported Shop with a Cop was taking place on December 12, the Toys for Tots drive at City Hall would end December Page 5 of 60 City Council Meeting Minutes December 10, 2024 Page 2 of 4 13, and they were participating in Holiday Hope through Watermark Church. City Administrator Sandstrom reported that the City Administrator review would be coming up, and he asked whether the City Council wanted Department Heads involved. The Council said yes. Assistant City Administrator/City Clerk Pinski reported that Ray Ronayne of 13821 55th Street North was chosen as the recycling award winner. V. Visitors/Public Comment: Sue Carlson of 5892 Oxboro Avenue North requested an extension to pay her utility bill before it would be certified to Washington County Property Taxes. Mayor McComber told her to contact Finance Director Egger. VL Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — November 26, 2024 (pg. 5) C. Approve 2025 Tax Licenses for Picuup LLC dba A Taxi D. Approve Salary Adjustment for Non -Represented Employees E. Approve Purchase of 2025 Ford Interceptor Explorer Police Vehicle along with Upfitting Equipment and Authorize the Sale of 2017 Ford Interceptor Explorer Police Vehicle F. Approve Resolution Authorizing Receipt of Donation to the Police Department G. Approve Amendments to the City's Earned Sick and Safe Time Employment Policy H. Approve 2025-2029 Capital Improvement Plan 1. Approve 2025 Engineering Rates J. Approve 2025 Area Charges for Connection to Water, Sewer, and Storm Sewer Systems K. Approve Resolution Designating 2025 Checking and Bank Depositories L. Approve Redpath and Company Auditing Services for Year Ending December 31, 2024 M. Approve Resolution for Certification of Delinquent Utility Billing N. Approve Resolution for 2025 Water Utility Rate Adjustment Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. VIL Public Hearings: A. Truth in Taxation — 2025 Budget Presentation: Mayor McComber opened the Public Hearing. Finance Director Egger provided a presentation on the 2025 budget. Page 6 of 60 City Council Meeting Minutes December 10, 2024 Page 3 of 4 Councilmember Liljegren, seconded by Councilmember Johnson, moved to close the public hearing. Carried 5-0. VIIL Old Business: A. Stagecoach Trail Condo Building — Comprehensive Plan Amendment, Conditional Use Permits and Architectural Design Guideline/Site Plan Review — 5845 Stagecoach Trail North: Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Resolution for Comprehensive Plan Amendment. Roll call vote taken. Carried 5-0. Councilmember Liljegren, seconded by Councilmember Johnson, moved to approve the Resolution of denial of the Conditional Use Permits. Roll call vote taken. Carried 5-0. IX. New Business: A. Resolution Approving the 2025 Budget: Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. Resolution Approving the 2025 Tax Levy: Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Resolution. Roll call vote taken. Carried 5-0. C. Approve Changes to City Ordinance 102 — Master Fee Schedule: Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve the amended fee schedule. Roll call vote taken. Carried 5-0. D. 2025 City Council Meeting Dates: Council discussed the regular meeting date calendar and made changes as follows: cancel first meetings in June, July, August, and November and cancel second meeting in December. Councilmember Johnson, seconded by Councilmember Liljegren, moved to approve the meeting calendar with those changes. Carried 5-0. E. Discuss and Approve Appointments for 2025: Updates were made to the appointment list from 2024. Councilmember Liljegren, seconded by Councilmember Runk, moved to approve the Resolution for Appointments with the changes noted. Roll call vote taken. Carried 5-0. X. Other Council Items or Announcements: The City Council wished everyone Happy Holidays. XI. Adiourn Councilmember Liljegren, seconded by Councilmember Johnson, moved to adjourn at 6:58 p.m. Carried 5-0. Page 7 of 60 Respectfully submitted, Jennifer Pinski Assistant City Administrator/City Clerk City Council Meeting Minutes December 10, 2024 Page 4 of 4 Approved as to Content and Form, Mary McComber Mayor Page 8 of 60 a� Oak Park,%._ G Date: January 14, 2025 Consent TO: Mayor and City Council FROM: Jennifer Pinski, Assistant City Administrator AGENDA ITEM: Approve 2025-2027 Washington County Conservation District East Metro Water Education Program Agreement BACKGROUND: The City is required to implement the rules and regulations found under the Municipal Separate Storm Sewer System (MS4) permit to discharge public water through City systems into other federal and state waters. One of the rules of the MS4 permit is public education and outreach, which includes teaching citizens about better stormwater management. The City has participated in the East Metro Water Resource Education Program (EMWREP) offered through Washington County Conservation District since 2018, and the EMWREP staff have done a great job keeping partners informed and providing a vast amount of public information. For an annual fee of $900.00, the EMWREP will develop, publish, disseminate, and ensure the City is meeting the compliance requirements of the MS4 permit. A number of cities also participate in this joint venture, including Stillwater, Woodbury, and Lake Elmo. It is unlikely the City would be able to match this service and/or this cost. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? Yes • IF YES, TOTAL COST: $900/year ACTION REQUESTED: Approve 2025-2027 Washington County Conservation District East Metro Water Education Program Agreement ATTACHMENTS: Proposed Agreement Page 9 of 60 Contract Number: 25-EMWREP AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2025-2027 EAST METRO WATER EDUCATION PROGRAM (EMWREP) A. PARTIES This Agreement is made and entered into by Washington Conservation District, hereinafter referred to as HOST, and members of the East Metro Water Education Program (EMWREP), hereinafter referred to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement, and this Agreement provides for the withdrawal or addition of PARTNERS to EMWREP. Eligible PARTNERS include counties, watershed organizations, lake improvement districts, and municipalities within the Twin Cities East Metro and Lower St. Croix Watershed of Minnesota. B. PURPOSE WHEREAS, the PARTNER and the HOST have a common objective of educating the citizens of the East Metro and Lower St. Croix Watershed about water resource, stormwater, and groundwater management in order to improve water quality; and WHEREAS, the PARTNER has identified a need for education assistance; and WHEREAS, counties, watershed organizations, lake improvement districts, and municipalities within the East Metro and Lower St. Croix Watershed have education components in their respective watershed management plans; and WHEREAS, 25 communities in Washington County and 5 communities within the Lower St. Croix portions of Anoka, Chisago and Isanti Counties are required to obtain a Municipal Separate Storm Sewer System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA), which requires nonpoint source pollution education; and WHEREAS, the PARTNER agrees it is in its best interest to define its respective responsibilities and obligations; and WHEREAS, the PARTNER agrees that collaborative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requirements; and WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN. STAT. §§ 103A.206; and WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7. NOW, THEREFORE, the PARTNER agrees as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1, 2025 to December 31, 2027 unless extended or terminated earlier as provided herein. D. MEMBERSHIP STRUCTURE In accordance to the program goals of collaboration and partnership, entities may become a PARTNER by signing the Signature Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a separate contract and its signature page shall be attached to the original document. The HOST will coordinate with each PARTNER, update the project budget, and distribute it to each PARTNER. Page 10 of 60 Each PARTNER will assign a member to the EMWREP Steering Committee. This Committee will assist the EMWREP Coordinator and HOST to prepare the Annual Workplan, Annual Budget, and Annual Report. A Membership Summary will be included in the Annual Report prepared by the HOST. E. SCOPE OF SERVICES The HOST will perform for the PARTNER the services and furnish and deliver work products generally described in Exhibit A, attached and made part of this agreement. Services for a specific PARTNER will be defined in the Annual Workplan developed as described in Exhibit A. PARTNER -specific services will constitute approximately 15% of the total Annual Workplan. Eighty-five (85) percent of the total Annual Workplan will be committed to shared, multi -jurisdictional benefit educational activities. F. COST In full consideration for services under this agreement, the PARTNER shall provide its portion of the annual costs to the HOST in accordance with the executed Signature Page at the end of this Agreement. The total annual budget for the program is as shown in Exhibit B with contributions outlined in Paragraph G. If all PARTNER contributions total less than the Total Budget, educational material expenses not otherwise paid for will not be incurred. PARTNER's annual contribution may be increased from the amount stated in the Signature Page at the end of the Agreement only with approval of PARTNER's governing body. G. FUNDING STRUCTURE Each PARTNER is suggested to contribute annually in accordance with the following funding structure. County or SWCD (Population > 100,000): $16,300/year County or SWCD (Population < 100,000): $8,000/year County or SWCD partially within the Lower St. Croix watershed: $1,600/year Small Watershed Districts (Taxable Market Value < $1 Billion): $16,000/year Medium Watershed Districts (TMV $1-5 Billion): $24,500/year Large Watershed Districts (TMV >$5 Billion): $32,000/year Watershed Management Organizations and Lake Improvement Districts: $8,000/year Large MS4 Cities (Population > 5,000): $3,500/year Small MS4 Cities (Population > 5,000): $900/year An annual COLA/infllation adjustment of 4% will be added for year 2 and year 3 of the agreement. In -kind matches from existing educational staff from within partner organizations are also encouraged. The WCD shall provide $16,172.82 of in -kind match to the program per year. As shown in Exhibit B, PARTNER contributions will be reviewed and adjusted on an annual basis, as needed. H. PAYMENTS 1. The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B. Invoices will be sent on a quarterly basis and will summarize the work performed. Invoices are payable within 60 days. 2. Office supplies, in-house reproduction expenses, and transportation are included in the overhead noted above. Out source reproduction, special bulk mailings and other direct costs beyond the actual current budget as established in accordance with the Annual Workplan (the combined contributions of each PARTNER) noted in Paragraph F are to be reimbursed at actual cost with prior approval from the PARTNERS. 2 Page 11 of 60 L EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS During the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. J. STANDARDS The HOST shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. K. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the HOST's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide by these statutes, rules and regulations and as they may be amended. L. AUDITS, REPORTS, AND MONITORING PROCEDURES The HOST will: Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the HOST which are relevant to the contract. The annual audit conducted for the Washington Conservation District that includes EMWREP activities. M. INDEMNITY No parry to this Agreement agrees to be responsible for the acts or omissions of another, its agents, officials, contractors or employees within the meaning of Minnesota Statutes section 471.59, subdivision la. Each PARTNER and HOST will hold harmless, defend and indemnify all other parties to this Agreement, their officers, board members, employees and agents for any and all damage, liability, cost or claim (including reasonable attorneys' fees) to the extent it is the result of its negligent act or of another action or inaction that is the basis for its liability in law or equity. The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph does not constitute a waiver or otherwise diminish, any statutory or common law defense, immunity or limit on liability any PARTNER or HOST may enjoy as against any third parry. N. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the HOST as the agent, representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The HOST is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Page 12 of 60 The HOST represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the HOST or other person, while engaged in the performance of any work or services required by the HOST under this Agreement, shall have no contractual relationship with the PARTNER and shall not be considered employees of the PARTNER. O. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Contract extensions will be handled as a material alteration. P. MERGER It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph O above concerning a non -material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. Q. TERMINATION This Agreement will commence when executed by HOST and all PARTNERS and will continue until terminated. The Agreement will commence with respect to each additional PARTNER on that PARTNER'S execution of a signature page acceding to the terms of the Agreement. This Agreement will terminate immediately upon completion of the activities enumerated herein and the program duration expires. Any party to this Agreement may withdraw participation on an agreement -year basis with 60 days written notice to HOST prior to the annual anniversary date of the Agreement, with the actual termination date falling on the anniversary date. Pro -rated contributions will be returned to the terminated or terminating PARTNER. The HOST will promptly notify all PARTNERS of any PARTNER's termination. Termination by any one PARTNER will not constitute the termination of this Agreement. If HOST determines that PARTNER termination has resulted in inadequate funds to deliver the work products generally described in Exhibit A, the HOST will terminate the Agreement effective the anniversary date unless adequate funds can be procured. Termination by the HOST will constitute termination of this Agreement in whole and pro -rated contributions will be returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the HOST or a PARTNER used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of the HOST and the PARTNER providing the property. The HOST and PARTNERS shall jointly own and each party has the individual right to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Durable goods purchased by the HOST, such as office equipment and computers, shall remain the property of the HOST. 0 Page 13 of 60 CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF EMWREP HOST: Washington Conservation District PARTNER: City of Oak Park Heights Annual Contribution Amount*: $900 *An annual COLAlinfllation adjustment of 4% will be added for year 2 and year 3 of the agreement. Contract start date: January 1, 2025 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: PARTNER HOST BY: BY: Mary McComber, Mayor Date Jacob Rife, City Administrator Date Approval as to form and execution: Date WCD Board Chair Date WCD Manager Date 9 Page 14 of 60 EXHIBIT A SCOPE OF SERVICES EMWREP HOST responsibilities: 1. Hire, employ and supervise Water Resource Educators that will successfully serve the education needs as prescribed herein. 2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement. 3. Work in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial transactions. 5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to EMWREP partners. 6. Provide office space, office furniture, computer, transportation, and phone. Equipment purchased by the HOST will remain the property of the HOST following the term of this agreement. PARTNER responsibilities: 1. Provide a single representative to the EMWREP Steering Committee. This person shall actively participate in the Steering Committee and assist in employee selection, Annual Workplan Development, and other tasks as needed. 2. Provide funds for the EMWREP Program described herein. 3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water Resource Educator/s. 4. Share equipment, staff, and educational resources to facilitate Education Program planning and implementation. 5. As initiated by the HOST, discuss the progress of the Water Resource Educator/s and agree to take any action that is appropriate to ensure the successful fulfillment of project objectives. 6. Work with the Water Resource Educator/s to ensure that services are being used to address high priorities at the local level. EMWREP staff responsibilities: 1. Prepare, coordinate, and revise EMWREP Work Plan annually with the EMWREP Steering Committee. 2. Review and advise PARTNERS annually on educational aspects relevant to their water plans. 3. Develop annual plan of work with the EMWREP Steering Committee. Workplan will reference MS4 education programs and PARTNERS water and education plans. 4. Implement annual work plan, including planning, implementing, evaluating, and reporting on such anticipated activities as presentations, workshops, in -field training, demonstration projects, and published materials. 5. Pursue grants and other funding sources to enhance the EMWREP Program. 6. Coordinate with "Watershed Partners" and other entities conducting water resource education efforts to minimize overlap and maximize effectiveness. 7. Maintain educational information share on website, social, media, and print communications. 8. Present papers as appropriate at professional meetings within Minnesota. 9. Prepare annual education report (which meets MS4 requirements) and conduct shared MS4 annual meetings for participating EMWREP members. 31 Page 15 of 60 EXHIBIT B BUDGET SHARED WATER RESOURCE EDUCATION PROGRAM ANNUAL BUDGET Staff Support and Overhead Expenses Materials Total $181,685 $13,000 $194,685 MEMBERSHIP STRUCTURE AND FUNDING CONTRIBUTIONS Watershed Management Organizations Counties Soil & Water Conservation Districts Cities & Townships Partner 2025 Contribution Browns Creek Watershed District $24,500 Carnelian -Marine -St. Croix Watershed District $16,000 Comfort Lake — Forest Lake Watershed District $0 Middle St. Croix Watershed Management Organization $6685 Ramsey -Washington Metro Watershed District $16,000 Rice Creek Watershed District $6000 South Washington Watershed District $32,000 Valley Branch Watershed District $24,500 Chisago County $8,000 Isanti County $1,600 Washington County $16,300 Chisago Soil and Water Conservation District $8,000 Isanti Soil and Water Conservation District $1,600 City of Afton $900 City of Bayport $900 City of Cottage Grove $3,500 City of Dellwood $900 City of Forest Lake $3,500 City of Grant $900 City of Hugo $3,500 City of Lake Elmo $3,500 City of Newport $900 City of Oak Park Heights $900 City of Oakdale $3,500 City of St. Paul Park $900 City of Stillwater $3,500 City of Willernie $900 City of Woodbury $3,500 City of Wyoming $900 West Lakeland Township $900 TOTAL I $194,685.00 7 Page 16 of 60 a� Oak Park,%._ G Date: January 14, 2025 Consent TO: Mayor and City Council FROM: Jennifer Pinski, Assistant City Administrator AGENDA ITEM: Authorize Fat Tire Bike Rally on City Trails — January 26, 2025 BACKGROUND: The City has been requested to consider the use of City trails for the purposes of a Fat Tire bike Rally to be held on Sunday, January 26. Please see the attached communication. This event has been held for the past four years on City trails without any issues. This event is sponsored by Chilkoot Velo Cycling Club with proceeds benefiting SASCA. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Authorize the event and execution of a Final Agreement (draft attached) consistent with the past practices but waiving fees and financial securities as there are no planned on -site events in the City, such as tents or formal staging. ATTACHMENTS: Draft Agreement with Exhibits Page 17 of 60 CITY OF OAK PARK HEIGHTS — FAT TIRE EVENT- AGREEMENT 2025 THIS AGREEMENT is made this 141h day of January, 2025 between the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota ("City"), and Chilkoot Velo Cycling Club, ("EVENT HOLDER"). Whereas the EVENT HOLDER, via the Contractor, has approached the City — see email dated December 10, 2024 in "Exhibit A — Route Maps and Request Letter" - regarding the desire to have the Fat Bike Rally in Stillwater event. (the "Event") to allow the event and its participants to stage and move through the City of Oak Park Heights on Sunday, January 26, 2025 between the hours of 9:00am and 3:00pm. The City does hereby approve such event subject to the execution of this document by the City and the EVENT HOLDER and which requires the full compliance with all provisions. RECITALS 1. The City hereby authorizes the EVENT HOLDER to organize and conduct the Event within the statutory limits of the City of Oak Park Heights subject to the terms and conditions found herein. This shall be a singular event on the specified date(s). No date or route deviations shall occur in the City without the prior approval of the City. "Exhibit A" additionally contains the route map. a. The City expressly states to the EVENT HOLDER that the routes chosen will be under traffic, including possible construction traffic or other public projects and the City will not provide any staff or police officers that will be charged with any traffic management at any area. This Agreement does not convey sole, primary or priority use of any public infrastructure, roads, trails or any such related item. All City controlled facilities shall also be used by the general public. b. The EVENT HOLDER has an explicit duty to inform all participants that they must fully comply with all laws associated with the use of public property including the use of roads, trails and other City properties. At all times participants will additionally and strictly obey traffic laws. c. The EVENT HOLDER shall make extensive, proactive efforts to communicate protocols to all its participants that they may not block or interfere with public roadways, trail -ways or other public spaces. 2. Limitations. EVENT HOLDER agrees that the number of EVENT participants for all EVENTs will be limited to an estimated total of 200 individual participants through the course of the day. Fees. EVENT HOLDER shall pay a City impact fee of $500.00 and $1,000.00 security escrow to the City 1 month prior to the event (see item 15). The EVENT HOLDER may seek a waiver of the City's impact fee from the City Council through 12/31/24. [NOTE: In prior years the City Council has waived these fees and escrow, and no fees are due.] 4. Parking Control. No parking is expected to occur within the City that relates directly to this Event. Should such circumstances change, the Event Holder shall promptly provide a parking plan for review by the City, so that the City can understand where all parking may be planned to occur and/or if other permitting is necessary. 5. Garbage and Rubbish Removal. All garbage and refuse generated by the EVENT and their Page -1of10 Page 18 of 60 participants, including that left by participants and/or spectators, will be removed and properly disposed of by sundown on the approved day(s) by EVENT HOLDER. The EVENT HOLDER will be responsible to reimburse the City for any subsequent cleaning determined to be necessary by the City as a result of the EVENT. 6. Portable Toilets. Portable toilets will not be set-up in the City. Participants or spectators will be ticketed should they be viewed utilizing inappropriate toilet facilities. 7. Water Stops and First Aid Stations. If desired by the EVENT HOLDER, the EVENT HOLDER shall be permitted to establish water and first aid stations at locations on the route in keeping with National Event Standards for similar events. Should the EVENT HOLDER desire to place a station(s) in the City the EVENT HOLDER shall explicitly supply information to the City as to the exact locations and set-up plans to the City not later than 1 month prior to the event. The City may not unreasonably withhold such permissions. 8. Emergency. The EVENT HOLDER shall provide to the City a copy of their Emergency Plan and will then be affixed hereto as "Exhibit B — Event Medical Plan". Failure to provide an Emergency Plan does not release the EVENT HOLDER from ensuring the protection of its participants. The City is not dedicating any additional resources to the EVENT and shall provide emergency services only as traditionally held during regular duty hours. 9. Food, Liquor and Vending. The EVENT HOLDER will not sell commercial food, liquor or vending, nor will they license others to provide these services to EVENT participants in the City. This provision does not prevent EVENT HOLDER from providing food and nonalcoholic beverages to EVENT participants only and shall be consistent with the intent of this Agreement. 10. Insurance, Hold Harmless, and Indemnity. The EVENT HOLDER does agree to fully and unilaterally indemnify, defend, and hold harmless in totality the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events, activities, and occurrences arising out of or relating to this Agreement or activities hereunder including any claim brought by any participant or any other impacted party. Further, the EVENT HOLDER shall provide to the City evidence of insurance coverage of at least $1,500,000 of combined single limits covering claims that might be brought against them that arise out of the events authorized by this Agreement; and to name the City as an additional insured on their policy "as their interest may appear." This proof of insurance shall be provided to the City Administrator not later than January 2, 2025 and affixed here to as "Exhibit C — Proof of Insurance". [NOTE: In prior years the City Council has approved a reduction in the combined single limit to SI,000,000. This year, the event Liability insurance is being included under the Stillwater Chamber of* Commerce Foundation's "World Snow Celebration" insurance. See Exhibit C ] The EVENT HOLDER has been made specifically aware by the City that participants will be moving across surfaces that are un-even, unpaved, not regularly maintained for running, are not solely dedicated for pedestrian traffic and/or are impacted by construction. The City does not warrant that any such surface is maintained in a condition that is suitable for the purposes of the EVENT HOLDER and their participants. The EVENT HOLDER shall inform all participants of these conditions to use utmost caution, and cause participants to sign a waiver that releases the City from any responsibility or liability arising from their participation. Page - 2 of 10 Page 19 of 60 11. Public Information. EVENT HOLDER shall make extensive, deliberate, affirmative and documented efforts to notify property owners and businesses along the EVENT course of any restrictions that might be placed upon their movements or activities during the EVENT. 12. Community Participation. The City shall work in good faith with EVENT HOLDER to encourage community participation in EVENT preparation and EVENT conduct. The City however shall not be required to perform any specific action or provide any funding or service. The City and EVENT HOLDER shall not be deemed partners, a joint venture or any other similar affiliation merely by the City's encouragement of community participation. 13. Police Power. The EVENT HOLDER shall maintain and monitor his/her personal cell phone at all times on the day(s) of the EVENT, and such phone number shall be provided to the City Police Department prior to January 2nd, 2025 in order to enable the City to immediately reach EVENT HOLDER in the event of any emergencies or safety issues during the EVENT. 14. Term. The term of this Agreement is for the dates noted in the Agreement. 15. Non -Compliance. Failure on the part of EVENT HOLDER to comply with specific provisions of this Agreement, including the providing of the preparatory documents and actions may result in the City implementing monetary penalties in the amount of $200.00 for each violation and/or the City's revocation of permission to hold this EVENT within the City. The City will provide written notice to EVENT HOLDER for each violation and will bill EVENT HOLDER for such violation. The City may also conclude, through the decision of the Chief of Police that EVENT HOLDER has not provided the required documentation in the required timelines the City may then revoke the permission to hold the EVENT within the City limits, as determined by the Chief of Police. It remains EVENT HOLDER'S responsibility to provide the required documents in a fashion wholly consistent with the dates stated in this Agreement. 16. Additional Permits. Not later than 1 month prior to the event the EVENT HOLDER shall provide a copy of the City of the Washington County and/or the State of Minnesota permit(s) (to be incorporated herein as "Exhibit D - Washington County and State of MN Permits:") if necessary to hold such EVENT along or upon the St. Croix Crossing, STH 95 or other State or County roadways. Failure to provide this information may result in the City revoking this permit. [The St Croix River Crossing Loop Trail is managed and maintained 50% by the City of Stillwater on the Minnesota side of the river, and 50% by St Croix County Parks Department on the Wisconsin side of the river, both of which a trail use permit application has been sought. Hence, no additional Washington County, State of MN or Wisconsin permits should be necessary.] Page - 3 of 10 Page 20 of 60 IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. ("EVENT HOLDER") By PRINT NAME: Michael R Lyner Title: President, Chilkoot Velo Cycling Club STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by , the the duly authorized agent for (the EVENT Holder). Notary Public City of Oak Park Heights ("City") ATTEST: Its Mayor , Its City Administrator STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 20_, by Mary McComber Mayor, and Jacob Rife, Administrator, for the City of Oak Park Heights. Notary Public Page - 4 of 10 Page 21 of 60 Exhibit A Route Maps and Letter: To: Jennifer Pinski From: Mike Lyner Date: loth December 2024 Jennifer: We would like to once again promote the Fat Bike Rally, 9am - 3pm on Sunday, 26th january, 2025, and in conjunction with the Stillwater Chamber of Commerce Foundation's "World Snow Celebration". Please find attached a copy of our live "Fact Sheet" plus a detailed "Route Map" which form our PROPOSAL REQUEST for the City of Oak Park Heights' permission to use both the blacktopped and park's multi -purpose dirt trails. This is our 5th year running this event and the course and event logistics will be similar as in the past, with Chilkoot Velo Cycling Club being the official `promoter' of the event. The event is being permitted and insured under the Stillwater Chamber of Commerce Foundation's "World Snow Celebration" event. Chilkoot Velo Cycling Club will be donating ALL of the net proceeds of the event to the Stillwater Area Scholastic Cycling Advocates (SASCA), a 501(c)3 non-profit. I believe that the attachments should answer most of the questions you might have. However, please feel free to email or phone me if you have any further questions or concerns. Stillwater Fat Bike Rally Mike Lyner (Chilkoot Velo Cycling Club) 612-360-1533 Attachment A-1: Fact Sheet Attachment A-2: Route Map Page - 5 of 10 Page 22 of 60 (ATTACHMENT A-1) STILLWATER FAT BIKE RALLY - 2025 FACT SHEET � (BikeReg.com/stiIlwater-fat-bike-rally) ccA'f B[& STILLWATER As part of the Wintertime in Stillwater festivities, the Stillwater Fat Bike Rally is the perfect outdoor activity to look forward to! All participants will get a virtual swag bag to local shops & restaurants plus cash prizes for the winners. The event will be held on Sunday 26th January 2025 in Downtown Stillwater. It can be contactless, and will have a large window of time during the day to self -space and complete the course (more than once if you choose). Participants can either'ride' or'race' the course; with the 3 designated timed racing segments along the course being the only portions that should be raced! There is no prize for the fastest completion of the entire course! Both fat -bikes and mountain bikes will be allowed, but should the course be soft, fat bikes may be your only rideable choice! Event Schedule and Details: Dates/Times: Sunday 26th January 2025. Earliest start is 10am, and all need to finish by 2pm. Location/Course:(https://ridewithgps.com/routes/44881510) Starting (and finishing) at River Siren Brewing at the north end of Stillwater's Riverfront/Lowell Park, over the old historic lift bridge on the St Croix Crossings Loop Trail, up to Houlton in Wisconsin, then return via new St Croix Crossing (MN Hwy 36 / WI Hwy 64) bridge, Oak Park Heights' Valley View Park, and back to the Loop Trail along the Minnesota side of the St Croix River. Race 'segments' proposed up Houlton Hill (where a one-way cycle path exists) and Oak Park Heights' Valley View Park mountain bike trails in Oak Park Heights... both of which should not have many (but possibly some) pedestrians on them!. Participants can choose to 'ride' the entire 11-mile course (including the Houlton Hill 0.5 mile) segment, or by-pass the 2 technical 'racing' segments in Valley View Park (1.2 miles & 1.7 miles) shortening their course to 8.1 miles. Parking: Early -bird free parking available for the first 20 riders in River Siren's parking lot (immediately north of the brewery), but also available on streets and in many surrounding parking lots. Racers: The timed segments will be tracked using Ride with GPS' app. Rides must be tracked and/or downloaded onto Ride with GPS within 1 day, following completion of the ride. The course may be 'ridden' or'raced' as many times as each participant wants during the event day at no additional cost, but racing segments must be completed in order, and as a part of each 10-mile complete course. Registration Fees: Adults (19+) $25.00, Youth (18-) $15.00. It is not recommended that children (11-) attempt this ride. Pre -registration is strongly encouraged (COVID recommendation), and fees will increase to $30 and $20 respectively for onsite/day-of registrations. No refunds. Beneficiary: Stillwater Mountain Bike Team, via Stillwater Area Scholastic Cycling Advocates (SASCA) https://www.sasca-mn.orq/ a 501(c)3 non-profit organization; supporting St. Croix Valley competitive co-ed riding programs for students in 6th-12th grades. Kids learn mountain biking skills, develop teamwork and gain confidence, all the while engaging in an activity that will provide them a lifetime of fun and fitness. Questions/Updates: "Stillwater Fat Bike Rally" Facebook page, or contact Event Director. Page - 6 of 10 Page 23 of 60 (ATTACHMENT A-2: ROUTE MAP) Stillwater Fat Bike Rally 2025 80 70 60 ele (feet) 4 �s d 4A t�J H ar W 10.7 miles,+ 574 /- 574 feet 1.2. ppen5treetMap 2 4 6 8 10 distance in miles Page - 7 of 10 Page 24 of 60 Exhibit B - The Emergency Plan EVENT MEDICAL PLAN EVENT: STILLWATER FAT BIKE RALLY 2025 d. Will there be an EMT or ambulance on site? staff be notified? Pay Phone X Cell Phone Radio DATE: 26 JANUARY 2025 Yes _X No If not on site, how will emergency medical Other: e. Are there event staff or certified volunteers with Red Cross First Aid training? Yes _X No If yes, what training? X Basic Advanced - Identify staff: VOLUNTEER MCA MOUNTAIN BIKE COACHES MAY BE IN ATTENDANCE f. Is there a First Aid kit on site? X Yes No g. Will police or security services be on site? Yes _X No h. Will emergency medical staff at event site be clearly identified? Yes Y No i. First aid and emergency medical stations identified? Yes X No j. Does course design allow easy access for emergency vehicles? _X Yes No k. Describe emergency medical transportation? AMBULANCE I. City/Location of nearest hospital: STILLWATER MN m. Distance from event: 2 Miles n. Has hospital been notified of the event? o. Is emergency air transportation available? p. How will air transport be notified? Phone X Yes No X Yes No Response time: Minutes Radio X EMT q. What is the plan for suspending or postponing the event if a serious injury occurs? WE HAVE ROVING/BICYCLING MECHANICS ON COURSE WHO CAN CALL FOR ASSISTANCE/ADVICE r. Who will compile and submit USA Cycling First Reports of Occurrence for all injuries at the event to the Chief Referee? X Event Director EMT/Medical Staff Other (specify): NOTES: HOSPITAL PHONE NUMBER: Stillwater Lakeview Hospital = Emergency 911, Non -Emergency 651-430-8535 AMBULANCE PHONE NUMBER: Stillwater Lakeview Hospital = Emergency 911, Non -Emergency 651-430-8535 POLICE/SHERIFF PHONE NUMBER: Stillwater Police = Emergency 911, Non -Emergency 651-351-4900 Oak Park Heights Police = Emergency 911, Non-Emeraencv 651-439-9381 Page - 8 of 10 Page 25 of 60 Exhibit C Proof of Insurance (See attached) DATE (MM/DDNYYY) ACORD—DATE 0 LIABI ITV INSURANCE 1 121\0/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) musl have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(&). PRODUCER McGarry-Keamey Agency Inc 450 Main Street Norin Stillwater MN 55082 NAM (7 ... COLLTN MCGARRY .#1:'Ntf0E,1)_ (651) 439-6345 t,IVC Ho>, XXREss. coiiin@mcgarry-keameyagency.com INSURER(S) AFFORDING COVERAGE WIC INSURERA, WESTBEND MILT TNSCO 15350 INSURED Greater Stillwatct Arca Chamber of Com.mere<: 333 Main St Stillwater MN SS082-5098 INSURER B: INSURER C: INSURERD, INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER- REVISION NUMBER - THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE INSD WV POLICYNUMBER Miiii>DI IIM/DDIYYYYJ LIMITS A COMMERCIAL GENERAL LIABILITY .=JCtAIMS-MADE OOOCCUR y A074137 10/01/2024 10/01/2025 EACH OCCURRENCE$ 1,000000 PREMisES( aA) s 100,000 GENT. AGGREGATE LIMIT APPLIES PEA: POLICY O & OLOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS. COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY UTOS HIRED ON -OWNED AUTOS ONLY AUTOS ONLY (E'aa:kle;;n............................ $ BODI LY INJU RY(Per person) $ BODILY INJURY (Per accident) $ (P t)- _ _ _ _ - - $ A UMBRELLA UAB OCCUR EXCESS DAS CLAIMS -MADE A074137 10/01/2024 10/01/2025 EACH OCCURRENCE S 1,000,000 AGGREGATE 1000000 OED I /RETENTION$ g O AHO EMPLOYERS'LIABILITY II Y/N v PROPRIETOAIPARTNER/EXECULVE ACERMIEMBER EXCLUDED? Mandatory in NH) yes, describe ,. ESCRIPTION OFOPERATIONS below N/A IsTATUTE I IER EL DISEASE- EA EMPLnyLF 9 ELDISEASE. POLICY LIMIT S DESCRIPTION oFOPERATIONS/ LOCATIONS/ VEH6CLES (ACORD 101, Addilional Remarks Schedule, maybe attached if more space Ia tequired) WORLD SNOW CELEBRATION: JANUARY 15-26TH, 2025 CERTIFICATE HOLDER nANl Fl I ATInN SHOULDANYOFTH ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITYOPS'.tYLLWATER ACCORDANCE WTH THE POLICY PROVISIONS. 216N4THST AUTHORIZEDREPRESENTATIVE Ili,., 1 arrll 1 STILLWATERMN55082 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page - 9 of 10 Page 26 of 60 Exhibit D Washington County and State of MN Permits [NOTE: The event does not utilize any roads, but only the blacktopped bike/pedestrian St Croix River Crossing Loop Trail, plus blacktopped bike/pedestrian trails alongside Oak Park Heights roads, and the Valley View Park multi purpose bike/pedestrian dirt trails. The St Croix River Crossing Loop Trail is managed and maintained 50% by the City of Stillwater on the Minnesota side of the river, and 50% by St Croix County Parks Department on the Wisconsin side of the river, both of which a trail use permit application has been sought. Hence, no additional Washington County, State on MN or Wisconsin permits should be necessary.] Page - 10 of 10 Page 27 of 60 THIS PAGE INTENTIONALLY LEFT BLANK Page 28 of 60 °Oak ParkI%e . G' Date: January 14, 2025 Consent TO: Mayor and City Council FROM: Andy Kegley, Public Works Director AGENDA ITEM: Approve City Hall Generator Maintenance Contract BACKGROUND: The existing City Hall generator maintenance contract with Ziegler CAT expired. Due to Ziegler CAT's significant rate increase exceeding 40%, staff solicited quotes from alternative service providers. Kodiak Power Solutions presented competitive rates comparable to Ziegler CAT's services, with the condition of reducing load bank testing frequency to once every three years. 2025 2026 2027 Total Cost Kodiak Power Solutions $1,935.00 $1,935.00 $3,010.00 $6,880.00 Ziegler CAT $4,423.39 $4,423.39 $4,423.39 $13,270.17 FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? Yes • IF YES, TOTAL COST: $6,880 • BUDGET LINE ITEM: City Hall Building maintenance fund -212 BUDGET AMOUNT: $35,000 • WITHIN BUDGET? Yes ACTION REQUESTED: Enter into a three-year maintenance contract based on the proposal from Kodiak Power Solutions. ATTACHMENTS: Quotes Page 29 of 60 Kodiak Power Solutions 1738 Commerce Court White Bear Lake_ MN 55110 651-343-3254 City of Oak Park Heights 12/10/2024 14168 Oak Park Blvd N Oak Park Heights MN 55082 Andrew, IN 1 KO D IAK Thank you for the opportunity for Kodiak Power Solutions to offer the City of Oak Park Heights a proposal to provide maintenance services on the backup generator. Per your request we have put together the pricing based on your maintenance schedule below. One annual service visit per year. Our annual service includes the engine oil and filter change along with multi -point inspection of the cooling system, engine, battery and charging circuits, generator assembly, generator controller and skid mounted breaker. We will also perform a visual inspection of the automatic transfer switch on location and perform a transfer test if approved. Engine oil and coolant samples are taken during this visit and sent in for analysis. Our semi-annual inspection includes a multi -point inspection of the cooling system, engine, battery, and charging circuits, generator assembly, generator, skid mounted breaker, enclosure, and fuel tank. We will also perform a visual inspection of the automatic transfer switch on location and perform a transfer test if approved. Load bank testing will be performed once during the 3-year service agreement. During this test we wi 11 load the fenerator to name plate rating to ensure the unit is fully operational and all components of the system are functioning properly on the generator. Unit 1 2025 2026 2027 Oak Park Heights — City Hall Annual Service $1535.00 $1535,00 $1535.00 Semi Annual Inspection $400.00 $400.00 $400.00 Load Bank $1075.00 Total 1 $1935.00 $1935.00 $3010.00 Services are billed after each service event. Page 30 of 60 We pride ourselves on our quality of work. If you find our services do not meet your satisfaction, you may cancel anytime by providing a 30-day written notice. Thank you for allowing Kodiak Power Solutions the opportunity to provide you with this proposal. Regards, Michael Melton Partner Kodiak Power Solutions To accept this agreement and the terms attached please sign and date. Authorized Representative for City of Oak Park Heights x Date Reference agreement #12102024 Page 31 of 60 CUSTOMER SUPPORT AGREEMENT Date: 7/18/2024 ZIEGLER Proposal No. 8562 Power Systems M 8050 County Road 101 East Shakopee, MN 55379 952-4454292 / 888-320-4292 To: ANDREW KEGLEY CITY OF OAK PARK HEIGHTS 14168 OAK PARK BLVD OAK PARK HEIGHTS, MN 55082-6476 Re: 3 year Customer Support Agreement (CSA) for MODEL: 11296420201 SERIAL: 2103912 WE PROPOSE TO FURNISH IN ACCORDANCE WITH THE FOLLOWING SPECIFICATIONS, TERMS AND CONDITIONS Enclosed is a 3 year Customer Support Agreement (CSA) for the following Engines Model(s): 11296420201 Serial Number(s): 2103912 1 AGREEMENT START DATE: 11/1/2024 AGREEMENT END DATE: 10/31/2027 INVOICE FREQUENCY: ❑ Annually INVOICE AMOUNT: $4,423.39 • CUSTOMER SUPPORT AGREEMENT PRICING WILL NOT INCREASE DURING THE TERM OF THIS AGREEMENT. • PRICE INCLUDES PARTS, LABOR, TRAVEL AND DISPOSAL OF ALL FLUIDS PER E.P.A. STANDARDS. • TRAINED AND CERTIFIED ENGINE/GENERATOR TECHNICIANS WILL PERFORM ALL SERVICES. TERMS AND CONDITIONS • Invoices will be sent on the first day of each invoicing period (i.e. monthly, quarterly, semi-annually or annually). • This proposal Is valid for (30) thirty days. • Pricing does not include local and/or state taxes. Taxes will be applied to invoices where applicable. • Agreement pricing Is based upon generator run time between 0 and 250 hours per year (standby applications). • Either party may cancel this agreement with a (60) sixty day written notice. • Prices assume all services to be performed during normal business hours (7:30am - 4:00pm, M-F) unless otherwise specified. • Additional Terms and Conditions below. ACCEPTED BY: Respectfully submitted, Ziegler Power Systems Please Sign Name: Please Print Name: By: Patrick Lorentz Date: Customer Support Representative Level Definitions Watchguard Level 1 (64 Point Inspection) Includes inspection of the following systems: • Cooling • Lube Oil • Air Intake • Fuel • Exhaust (inside building only) • Starting • Engine • Generator • Transfer Switch • Coolant and Oil Analysis • Provide written retort MODEL: 1129642020 1 SERIAL: 2103912 Level 1 Sep12025 , Sep/2026 , Sep/2027 WatchGuard Level 2 (67-Point Inspection with Oil and Filter Change) Includes the following: • Level l Inspection • Change engine oil • Change engine oil filter(s) • Change engine fuel filter(s) • Inspect air filter(s) • Disposal of old fluids per EPA standards • Provide written report MODEL: 1129642020 1 SERIAL:2103912 Level 2 Mar/2025 , Mar/2026 , Mar/2027 WatchGuard Level 5 (Load Bank Testing) Includes the following: • Engine load bank test (2 - hours) • Provide written report MODEL: 1129642020 1 SERIAL:2103912 Level 5 Mar/2025 , Mar/2026 , Mar/2027 Customer Requirements It is the customer's responsibility to... • Perform weekly and monthly inspections of the engine/generator • Maintain written or computerized records of the weekly and monthly inspections. Page 33 of 60 • Contact Ziegler Power Systems with any problems or concerns noted during the weekly and monthly inspections. Ziegler Power Systems Exclusion of Responsibility: Ziegler Inc. is not responsible for... • Providing a portable generator during repairs • Fuel consumed by generator set during operation • Building wiring • System modifications • Acts of nature, terrorism or war • Uses of generator beyond rated capacity • Main fuel tank or piping problems • Emissions permitting • Regulation changes • State and local taxes • Customer abuse/neglect CUSTOMER VALUE AGREEMENT - TERMS AND CONDITIONS • Customer agrees to the terms and conditions set forth on the preceding Customer Value Agreement Proposal (the "Proposal") and the following terms and conditions, including the websites referred to herein (together with the Proposal, the "Agreement"). Ziegler Inc. ("Ziegler") rejects all different or additional terms submitted by Customer, and any such terms shall be void. • 1.Term. The Agreement shall begin on the Start Date and end on the End Date identified on page 1, unless earlier terminated as set forth herein. • 2.Services. Ziegler will perform preventative maintenance services on the Engine(s) identified on page 1 in accordance with the Level Definitions set forth in the Proposal (collectively, the "Services"). All Services are subject to the exclusions and limitations set forth herein. Services include all parts, labor, travel and disposal of all fluids per U.S. Environmental Protection Agency standards. Except as otherwise agreed upon by Customer and Ziegler as noted on page 1, Services shall be performed during Ziegler's normal business hours (7:30 a.m. to 4:00 p.m., Monday through Friday). Services performed outside of Zieglees normal business hours will be subject to additional charges. In the event Customer cancels scheduled Services on the day Services are to be performed, Customer shall pay a cancellation fee in the amount of travel time and mileage and will cooperate with Ziegler to re -schedule the cancelled Services. This Agreement is based upon equipment run time between 0 and 250 hours per year (standby applications), run time exceeding 250 hours per year may be subject to additional costs. Repairs classified outside the scope of the applicable service level will result in additional costs to Customer. Customer will have ten (10) days to reject the Services provided. If Customer rejects the services, it will do so by providing a written notice specifically identifying the manner in which the Services fail to materially comply with manufacturer's applicable specifications. Ziegler will be entitled to rely on all decisions and approvals of Customer in connection with the Services. • 3.Payment. Customer will pay the Invoice Amount Identified on page 1, plus any Additional Charges (as defined in Section 4 below), at the frequency set forth on page 1. The Invoice Amount will not increase during the tern of the Agreement. Customer agrees to make payment to Ziegler Net 10th of the following month from the date of invoice. Late payments, which are not under any dispute, will result in default and a late fee of 1.5% per month (189/6 annual), which will be assessed on all past due amounts until paid in full. Any payments made will first be applied toward the late fee, then toward the past amount due. Ziegler reserves the right to suspend or discontinue all Services, or terminate this Agreement, at Ziegler's sole discretion upon Customer's failure to pay or comply with the payment requirements of this Agreement. All amounts due under this Agreement shall be paid In full without any setoff, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). • 4.Taxes, Licenses, Permits, and Additional Charges. Customer is responsible for all local and/or state sales and use taxes in connection with this Agreement. Taxes will be applied to invoices, where applicable, as required by law. Customer will obtain, at its sole cost and expense, all applicable licenses and permits (including emissions permitting) necessary for performance of the Services. Customer is responsible for service charges and environmental charges incurred in performing the Services (collectively, "Additional Charges") as communicated In advance by Ziegler. • 5.Additional Services. Repairs or other work classified outside standard preventative maintenance services will result in additional costs to Customer and will be invoiced separately on a time and materials basis. Such services include, but are not limited to, any service that is considered electrical work pursuant to Minnesota Statues, Section 326B.31, subdivision 17 or Iowa Code Title 111, Section 103 (2022). A verbal commitment or authorization by Customer to perform such additional services will be binding on Customer and will entitle Ziegler to such additional compensation. Any repairs or other work performed outside of the original scope at the direction of Customer will be deemed to be included as Services hereunder. • 6.Customer Obligations. Customer agrees to maintain the Engine(s) in accordance with the obligations below. Customer's failure to perform any of the following obligations will be considered a breach of this Agreement: Page 34 of 60 • a.Operation and Regular Maintenance. Customer agrees to operate the Engines) only within its rated capacity. Customer agrees to perform weekly and monthly maintenance and inspections in accordance with manufacturer guidelines, as provided by Ziegler, and provide to Ziegler, upon reasonable request, written or computerized maintenance and inspection records. Customer further agrees to promptly contact Ziegler with any problems or concerns noted during the weekly and monthly inspections and Ziegler and Customer will work together to address such problems or concerns. • b.Equipment Access. Customer agrees to furnish safe, free, and full access to the Engine(s) to enable Ziegler employees to perform the Services. Customer will take all reasonably necessary steps to provide for the safety of all Ziegler employees performing the Services. Customer shall promptly notify Ziegler if, during the term of this Agreement, Customer observes or otherwise learns of any condition(s) which pose a threat to the safety of persons or property, adversely affects the Engine(s), or is in violation of any applicable federal, state, or local laws, rules or regulations. • c.Halt Operation. Customer agrees to shut an Engine down, if after inspection by Ziegler, it is determined that further operation of the Engine will result in imminent mechanical damage to the components covered in this Agreement • 7.Exclusions. Ziegler is not responsible for. (1) Customer's abuse or failure to maintain or operate equipment in accordance with the respective equipment manufacturer's operations and maintenance manual as provided by Ziegler in advance, (2) provision of rental equipment during repair, (3) fuel consumed by equipment during operation and performance of maintenance services, (4) building wiring, system modifications, main fuel tank or piping problems, (5) repairs or maintenance to building or enclosure, transformers, radiators, fuel tanks, or other components outside the scope of the Services, unless otherwise agreed to in writing by both parties, (6) unauthorized repairs or adjustments, or repairs or adjustments made by unauthorized person(s), (7) performance complaints, including but not limited to, any adjustments to fuel settings or programming of any electronic controls, (8) downtime or downtime -related expenses or economic lass, (9) extermination of any creature taking up residence in the generator enclosure or building, or (10) any Force Majeure Events (as defined In Section 17 below). • 8.Indemnification. Subject to the limitations set forth in this Agreement, Ziegler shall indemnify Customer and its respective officers, directors, employees, agents, assigns and successors, against any losses, liabilities, damages, costs or expenses (including reasonable attomeys' fees) (collectively, "Losses") for death, personal injury, or damage to property to the proportionate extent the same have been proximately caused by the negligence or willful misconduct of, or breach of this Agreement by, Ziegler or Ziegler's officers, directors, employees, or agents in the performance and furnishing of the Services. Customer shall indemnify Ziegler, its affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, assigns and successors, against any Losses for death, personal injury, or damage to property to the proportionate extent the same have been proximately caused by the negligence or Wilful misconduct of, or breach of this Agreement by, Customer or Customer's officers, directors, employees, or agents. • 9.Insurance. Ziegler will maintain In full force and effect throughout the tern of this Agreement the following forms of Insurance: (a) workers compensation and occupational disease insurance within statutory limits; (b) commercial general liability Insurance, including products and completed operations, contractual liability, and personal injury, written on an occurrence basis, with limits not less than a combined single limit per occurrence of $1,000,000. $2,000,000 general aggregate for bodily injury and property damage; $1,000,000 aggregate for products/oompieted operations; and $1,000,000 per person for personal injury/advertising injury; (c) automobile liability insurance for vehicles owned or operated by Ziegler, its employees or agents, with combined bodily Injury and property damage limits of liability of no less than $1,000,000 per occurrence; and (d) excess liability insurance over that required in clauses (a), (b), and (c) above, under the umbrella foram, with a limit of liability of no less than $1,000,000 each occurrence. Upon request, Ziegler will provide to Customer a Certificate of Insurance evidencing Zieglers compliance with such insurance requirements. • 10.Damages; Maximum Liability. IN NO EVENT WILL ZIEGLER, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, INDIRECT, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, DIMINUTION OF VALUE, LOSS OF USE, DOWNTIME OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF: (A) WHETHER THE DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT ZIEGLER WAS ADVISED OF THE POSSIBILITY OF DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) ON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL ZIEGLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO ZIEGLER HEREUNDER IN THE SIX MONTHS IMMEDIATELY PRECEDING THE CLAIM. • 11.Servioe Warranty. Ziegler warrants the Services will be performed in a professional, workmanlike manner, by qualified personnel consistent with industry standards, free from defects in workmanship for a period of 12 months from the date of completion of the Services, subject to the terms of the then -current Ziegler Power Systems Service Department Labor Warranty, a copy of which is available upon request Warranty claims must be brought within the warranty period. Customer must provide prompt notice to Ziegler after discovery and before expiration of the warranty period. As Customers sole and exclusive remedy, Ziegler, at Ziegler's sole discretion, will either re -perform the Service during Ziegiers normal business hours or refund all or part of the monies paid by Customer for the Service performed. Replacement parts shall be covered under the applicable warranty provided by the manufacturer. Non -Ziegler provided components are not covered by this warranty. • 12.Disclaimer of Warranties. WITH THE EXCEPTION OF THE SERVICE WARRANTY PROVIDED IN SECTION 11, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. ZIEGLER EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. • 13.Termination; Suspension. • a.Either party may terminate this Agreement upon sixty (60) days' prior written notice to the other party. In the event of early termination by Page 35 of 60 Customer, Customer shall pay for all approved Services performed prior to the termination date. • b.lf either party breaches any provision hereof, or becomes insolvent, enters bankruptcy, receivership or other like proceedings, or makes an assignment for the benefit of creditors, the non -breaching party shall have the right to immediately terminate this Agreement by giving the breaching party written notice. In the event Customer breaches any provision hereof, and upon receipt of notice, Customer shall immediately pay Ziegler any monies due and owing up to the time of termination for Services performed. Notwithstanding the foregoing, if Customer fails to comply with the provision for Equipment Access in Section 6.b, Ziegler reserves the right to suspend or discontinue all Services, or terminate this Agreement, at Ziegler's sole discretion. • 14.Data and Privacy. Ziegler and its partners, affiliates, subsidiaries, and third parties, including but not limited to suppliers, manufacturers, dealers, and service providers (collectively, "Ziegler Parties"), collect and share information relating to products, services, and customers as detailed in Zieglers Privacy Policy and applicable manufacturers' statements located at wwwAegiercat.c orn/privacy, which are hereby incorporated into this Agreement by this reference. Manufacturers' statements may be updated at any time without notice. Products equipped with telematics or other tools, applications, or devices to coiled, process, and assess information, such as equipment locations, operating hours, health of equipment, and basic utilization (collectively, "Telematics"), whether manufactured by Caterpillar or by other companies, collect and transmit information to Ziegler Parties with a legitimate business reason to access the information, including, but not limited to, providing services and support, developing new products and services, personalizing user experiences, improving products, or compliance with legal obligations. Customer understands that Telematics or other tools, as applicable, may have been activated on machines by Ziegler or the manufacturer, and may be subject to or required by specific manufacturer user agreements available to Customer upon request. Customer consents to the collection, use, storage, processing, sharing, and disclosure of such information by Ziegler Parties in accordance with this Agreement, Ziegler's Privacy Policy, and applicable manufacturers' statements. • 15.Notices. All notices, requests, demands and other communications, including any notice of change of address, shall be sent by certified or registered mail with postage prepaid to the last designated address to the other party. • 16.Compliance with Laws, Rules and Regulations. Each party agrees to comply with applicable federal, state, and local laws, rules, and regulations applicable to the Services In effect at the time of performance of the Services. Upon completion of the Services, Customer shall be responsible for complying with any changes in federal, state, and local laws, rules, and regulations. • 17.Force Majeure. Ziegler will not be liable to Customer, and will not be deemed to have breached this Agreement, for any failure or delay in performing any term of this Agreement, to the extent the failure or delay is caused by or results from ads beyond Ziegler's control, including ads of God, flood, fire, earthquake, explosion, war, invasion, hostilities, terrorist threats or ads, cyber-attacks, riot or other civil unrest, requirements of law, embargoes or blockades, actions by any governmental authority, national or regional emergencies, epidemics or pandemics, labor stoppages or slowdowns or other industrial disturbances, concealed or unknown conditions at the site, delays in manufacture, supply shortages, or shortages of adequate power or transportation facilities (collectively, "Force Majeure Events"). Any Force Majeure Event that has an adverse effect on Ziegler's ability to perform will absolve Ziegler from any liability to Customer. • 18.Entire Agreement; Amendment. This Agreement constitutes the entire agreement between Ziegler and Customer. Customer acknowledges and agrees that there are no oral or written contracts, agreements or warranties other than are set forth in this Agreement. No amendment or modification of this Agreement will be valid unless it is set forth in writing, signed by authorized representatives of both parties. • 19.Waiver. No course of dealing, course of performance, or failure of either party strictly to enforce any tern, right or condition of this Agreement shall be construed as a waiver of any other term, right or condition. No waiver or breach of any provision of this Agreement, in whale or in part, shall be construed to be a waiver of any subsequent breach of the same or any other provision. • 20.Severability. Each portion of this Agreement is intended to be severable. If any term or provision hereof is held illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. • 21.Survival. Any term or provision of this Agreement of an ongoing nature and/or which, by its nature and context, should reasonably be expected to survive the expiration or earlier termination of this Agreement, shall so survive such expiration or termination thereof. • 22.131sputes; Governing Law. This Agreement is governed by and to be construed in accordance with the laws of the State of Minnesota, without regard to its principles of conflicts of law. If legal action is brought to enforce this Agreement, the Federal District Court of Minnesota (4th Division) or Hennepin County District Court (4th Judicial District) will be the exclusive jurisdiction and venue for said action unless Ziegler, in its sole discretion, commences proceedings in a different jurisdiction or venue. • 23.Counterparts; Electronic Signatures. This Agreement may be separately signed by Ziegler and Customer in any number of counterparts, each of which, when signed and delivered, will be deemed to be an original, and all of which will constitute the same Agreement. Customer agrees that the Electronic Signatures (whether digital or encrypted) included in this Agreement are intended to authenticate this writing and have the same effect as manual signatures. "Electronic Signature" means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a person with the intent to sign the record, including facsimile or email electronic records, in accordance with the Uniform Electronic Transactions Act, Minnesota Statutes 325L.01-325L.19, as amended from time to time. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. Page 36 of 60 AGREEMENT DATE - January x, 2025 AGREEMENT TO PERFORM GENERATOR MAINTENANCE THIS DOCUMENT SERVES AS A FINAL AGREEMENT BETWEEN THE CITY OF OAK PARK HEIGHTS AND KODIAK POWER SOLUTIONS (THE CONTRACTOR). • The Contractor shall provide all preventative maintenances services as delineated in the December 10, 2024 proposal in an amount not to exceed $6,880.00 from 2025 through 2027. The Contractor's quote and related information is attached and incorporated into this Agreement as "Exhibit A". • This Agreement once fully executed shall serve as a notice of acceptance by the City of the Contractor's quote and also acts as a notice to proceed by the City for the submitted price quote. • The Contractor shall complete all work as outlined in the submitted Contractor's quote and shall provide all final reporting and closing documents to the City in a timely manner. • The City may terminate this Agreement at anytime and for any reason. • Except for intentional or willful acts by the City, the Contractor does hereby release the City from any loss or liability incurred by the Contractor related to the disposition of the work at the site. The Contractor shall implement best management practices to complete this work and will utilize appropriate caution to complete the work in a safe and efficient manner. • The Contractor shall follow all federal, state, county or other laws that may be in effect related to the performance of this project. ACCEPTED: date Contractor Title Notary date Andrew Kegley, Notary Page 37 of 60 "Exhibit A" AGREEMENT TO PROVIDE PREVENTATIVE MAINTENANCE ON THE GENERAC 400 KW, MODEL: WK496671129642020, GENERATOR SERIAL NUMBER: 112964202002103912 CITY HALL GENERATOR Includes: Submitted Proposal dated 12/10/2024 Page 38 of 60 ., 0 Osk P a l G Date: January 14, 2025 Consent TO: Mayor and City Council FROM: Julie Hultman, Building Official AGENDA ITEM: Approve 2025 Home Occupation Permit Renewal Requests BACKGROUND: The following had Home Occupation Permits in 2024 and have requested renewal for 2025: • Michael and Heather Diethert, SoHill Properties — Airbnb • Melanie Ebertz, ArtAndes — Airbnb • Tracy Evanoff, Tracy's Daycare • Brenda Grubb, Stillwater Baking Company • Martin and Louise Fenner, Scenic Overlook Enterprises —Airbnb • Todd Follis, Squadron Enterprises — St. Croix Sign • Annalise Berres, Kind Roots Early Learning & Care • Elizabeth O'Neil, Lookout Haven — Airbnb • Kimberly Warner, KMZ Catering LLC — Loon's Nest Airbnb FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve 2025 Home Occupation Permit Renewal Requests ATTACHMENTS: None Page 39 of 60 THIS PAGE INTENTIONALLY LEFT BLANK Page 40 of 60 a� Oak Park,%._ G Date: January 14, 2025 Consent TO: Mayor and City Council FROM: Jennifer Pinski, Assistant City Administrator AGENDA ITEM: Approve Resolution Designating the Stillwater Gazette as the Official Newspaper for Publications in 2025 BACKGROUND: Each year, the City passes a Resolution designating the official newspaper for publication. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve Resolution ATTACHMENTS: Resolution 25-01-02 Page 41 of 60 CITY OF OAK PARK HEIGHTS RESOLUTION 25-01-02 A RESOLUTION DESIGNATING THE STILLWATER GAZETTE AS THE CITY OF OAK PARK HEIGHTS OFFICIAL NEWSPAPER WHEREAS, the City of Oak Park Heights must designate an official newspaper for publications; and WHEREAS, the Stillwater Gazette meets legal publication requirements under state statute and offers a high number of paid circulation newspapers distributed within the City. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights designates the Stillwater Gazette as the official newspaper for publications in 2025. Passed by the City Council of Oak Park Heights this 141h day of January, 2025. Mary McComber, Mayor ATTEST: Jacob Rife, City Administrator Page 42 of 60 a� Oak Park,%._ G Date: January 14, 2025 Consent TO: Mayor and City Council FROM: Jennifer Pinski, Assistant City Administrator AGENDA ITEM: Approve Resolution Appointing Professional Consultants for 2025 BACKGROUND: Each year, the City passes a Resolution appointing the professional consultants for the City. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve Resolution ATTACHMENTS: Resolution 25-01-01 Page 43 of 60 CITY OF OAK PARK HEIGHTS RESOLUTION 25-01-01 A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS FOR THE CITY OF OAK PARK HEIGHTS IN 2025 BE IT RESOLVED, that the City Council for the City of Oak Park Heights hereby appoints the following consultants for 2025: City Engineer: Stantec, Inc. City Auditor: Redpath and Company City Planner: The Planning Company, LLC City Attorney - Civil: Eckberg Lammers, P.C. City Attorney — Criminal Prosecution: Eckberg Lammers, P.C. Passed by the City Council of Oak Park Heights this 14th day of January, 2025. Mary McComber, Mayor ATTEST: Jacob Rife, City Administrator Page 44 of 60 a� Oak Park,%._ G Date: January 14, 2025 Consent TO: Mayor and City Council FROM: Jennifer Pinski, Assistant City Administrator AGENDA ITEM: Approve Resolution Granting the Application of Ducks Unlimited St. Croix Valley Chapter to Conduct a One -Day Raffle at St. Croix Event Center on May 1, 2025 BACKGROUND: Mike Dvorak, on behalf of Ducks Unlimited St. Croix Valley Chapter, has made an application with the State of Minnesota to conduct a raffle. The application requires approval by the City of Oak Park Heights. This is an annual fundraising raffle held by Ducks Unlimited St. Croix Valley Chapter. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve Resolution 25-01-04 ATTACHMENTS: Resolution 25-01-04 Page 45 of 60 RESOLUTION 25-01-04 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF DUCKS UNLIMITED ST. CROIX VALLEY CHAPTER TO CONDUCT A ONE -DAY RAFFLE AT ST. CROIX EVENT CENTER ON MAY 1, 2025 WHEREAS, Mike Dvorak, on behalf of Ducks Unlimited St. Croix Valley Chapter, has submitted a request to conduct a one -day raffle on May 1, 2025 at the site of the St. Croix Event Center, 5880 Omaha Avenue North; and WHEREAS, the City of Oak Park Heights has reviewed the request and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the raffle permit as applied for by Ducks Unlimited St. Croix Valley Chapter with the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of Ducks Unlimited St. Croix Valley Chapter with the State of Minnesota Gambling Control Board to conduct a one -day raffle on May 1, 2025 at the site of St. Croix Event Center, 5880 Omaha Avenue North, within the City of Oak Park Heights is hereby approved with no waiting period. Passed by the City Council of Oak Park Heights this 141h day of January, 2025. ATTEST: Jake Rife, City Administrator Mary McComber, Mayor Page 46 of 60 a� Oak Park,%._ G Date: January 14, 2025 Consent TO: Mayor and City Council FROM: Jennifer Pinski, Assistant City Administrator AGENDA ITEM: Approve Resolution Authorizing the St. Paul Pioneer Press as the Alternate Newspaper for Publications in 2025 BACKGROUND: Each year, the City passes a Resolution designating an alternative newspaper for publication in the event there is a timing issue as the primary paper only publishes once per week. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve Resolution ATTACHMENTS: Resolution 25-01-03 Page 47 of 60 CITY OF OAK PARK HEIGHTS RESOLUTION 25-01-03 A RESOLUTION AUTHORIZING ALTERNATE NEWSPAPER FOR PUBLICATION IN 2025 WHEREAS, the City of Oak Park Heights designated the Stillwater Gazette as the official newspaper for publications in 2025 in Resolution 25-01-02; and WHEREAS, the Stillwater Gazette is published and circulated once per week; and WHEREAS, the City Council recognizes that there may be instances in which the Stillwater Gazette, as a one-time per week publication, is unable to meet the time limitations imposed upon any required publication of the City so that an alternative publication may be required; and WHEREAS, the Pioneer Press is a newspaper circulated on a daily basis in the City and meets the publication requirements set forth by state law; NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Oak Park Heights authorizes the Pioneer Press as an alternative publication in any instances in which publication on other than a weekly basis is required to comply with the requirements of the City. Passed by the City Council of Oak Park Heights this 14th day of January, 2025. Mary McComber, Mayor ATTEST: Jacob Rife, City Administrator Page 48 of 60 °f Oak p�� - G Date: January 14, 2025 Consent Agenda TO: Mayor and City Council FROM: Steve Hansen, Chief of Police AGENDA ITEM: Approve The Agreement Between The City Of Oak Park Heights And Washington County For Coordinated Mental Health Response BACKGROUND: OPHPD would like to implement a coordinated response program with Washington County Social Services to address the increase of law enforcement calls involving mental health crises and emergencies in the community. This program involves a clinical social worker that is teamed up with a police officer typically from the investigation's unit, in which they are both based out of OPHPD. This program is often referred to as the embedded social worker program as they work side by side in the same office space and often respond together for related calls concerning mental health. Washington County will be assisting with cost sharing of this venture with the initial year of 75% then down to 50% for 2026 and 50% for continuing years. Washington County and OPHPD have been involved in the interview process of a candidates over the past couple of months, which has been narrowed down to one finalist that is currently under the backgrounding process. Anticipated start date is February IOth 2025. Note: this a half-time position only. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? Yes • IF YES, TOTAL COST: $17,175 (2025) $34,350 (2026) • BUDGET LINE ITEM: 101-41510-103 BUDGET AMOUNT: $120,000 • WITHIN BUDGET? Yes ACTION REQUESTED: Approve The Agreement Between The City Of Oak Park Heights And Washington County For Coordinated Mental Health Response ATTACHMENT: 1. Agreement Between The City Of Oak Park Heights and Washington County Page 49 of 60 AGREEMENT BETWEEN THE CITY OF OAK PARK HEIGHTS AND WASHINGTON COUNTY FOR COORDINATED MENTAL HEALTH RESPONSE THIS AGREEMENT ("Agreement") is made and entered into this February 01, 2025, ("Effective Date") by and between the CITY OF OAK PARK HEIGHTS, 14168 Oak Park Heights Blvd. North, Oak Park Heights, Minnesota 55082, a Minnesota municipal corporation ("CITY') and WASHINGTON COUNTY, 14949 62nd Street North, Stillwater, Minnesota 55082, a Minnesota municipal corporation ("COUNTY") (hereinafter collectively referred to as the "Parties"). MISSION STATEMENT It is the stated goal of this Agreement to have a working partnership between the City of Oak Park Heights, and Washington County, so as to implement a Coordinated Response Program by the Parties to address the increase in law enforcement calls involving mental health crises and emergencies in the community. RECITALS WHEREAS, the CITY is a municipal corporation duly organized and validly existing under the Constitution and the laws of the State of Minnesota. WHEREAS, the COUNTY is a municipal corporation duly organized and validly existing under the Constitution and the laws of the State of Minnesota. WHEREAS, the CITY desires services available through Washington County Community Services ("WCCS"). WHEREAS, the Parties are authorized to enter into this AGREEMENT pursuant to the laws of the State of Minnesota. WHEREAS, the COUNTY employs a Social Worker specially trained, experienced and competent to provide the services articulated under this AGREEMENT and COUNTY is willing to provide such services to CITY on the terms and in the manner provided in this AGREEMENT. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed, by and between the parties, as follows: AGREEMENT 1. TERM The term of this AGREEMENT shall commence on the Effective Date written in the initial paragraph of this Agreement through January 31, 2027, notwithstanding date of signatures, unless terminated pursuant to Section 7. This AGREEMENT may be extended upon the written mutual consent of the Parties. Page 50 of 60 The intention of the Co -Response Program is that this will be a continued permanent partnership between the CITY and COUNTY. 2. COUNTY SERVICES a. Services - General. COUNTY will provide a Clinical Social Worker employed with Washington County to function as a Coordinated Response licensed mental health professional. The Clinical Social Worker shall perform services under the supervision of Washington County Community Services and will meet regularly with their assigned Clinical Supervisor. The Clinical Supervision is defined as oversight and consultation for treatment planning and delivery of mental health services. The Oak Park Heights Police Department will provide location/worksite oversight. COUNTY will provide the necessary resources to support the Social Worker including, but not limited to, equipment and training to facilitate Coordinated Response activities. b. Services - Specific. COUNTY shall hire the Clinical Social Worker as defined by Minnesota Statute 245I.04, subd. 2, to perform those services outlined in this AGREEMENT at the Oak Park Heights Police Department and within the community identified therein. In addition thereto, the Clinical Social Worker shall have the following duties and responsibilities: i. Serve as a resource to CITY employees, such as command staff, public safety officers and support staff, on all mental health related issues affecting the community, including supporting citizens suffering from substance use disorder and/or homelessness. ii. Respond during scheduled shift, when available and assistance is requested, with law enforcement to a mental health crisis or emergency. iii. Educate and train CITY's law enforcement personnel on crisis and emergency services offered by WCCS, including the roles and responsibilities of the Crisis Response Unit (CRU). iv. Coordinate, with the assigned law enforcement officer(s) and/or CRU staff, a timely follow-up contact with the individual/household after a crisis/emergency service call or crisis intervention. v. Outreach to determine if an individual/household is interested in and eligible for other WCCS or community -based services (housing, employment, etc.), including networking outreach to potential community resources and service providers. vi. Coordinate with Coordinated Response Programs in other jurisdictions. 3. CITY DUTIES In addition to other duties specified in this AGREEMENT, CITY will identify and dedicate one or more public safety officers to: 0 Page 51 of 60 a. Work with the Clinical Social Worker for administration, coordination, and assessment. b. Coordinate education of CITY's public safety officers and staff about the Coordinated Response Program and COUNTY crisis services, including the roles and responsibilities of the Crisis Response Unit (CRU). c. Educate and train the Clinical Social Worker and any other participating WCCS staff on law enforcement response to crisis and emergency mental health service calls, including the roles and responsibilities of law enforcement. d. Work with the Clinical Social Worker and/or other COUNTY staff to develop the crisis response plan. e. Work with the Clinical Social Worker to create procedures to guide work for the Coordinated Response Program. f. Continue problem solving with the Clinical Social Worker and other stakeholders to identify proposed solutions with the goal of creating a service model that may be replicated in other jurisdictions. 4. OPERATIONAL PROCEDURES a. Selection. COUNTY shall provide a half-time Clinical Social Worker to CITY for the Coordinated Response Program. CITY and COUNTY shall jointly determine which Clinical Social Worker will be assigned to perform the services under this AGREEMENT. The CITY and COUNTY will collaboratively determine those individuals best suited to carry out the duties and responsibilities of the Clinical Social Worker under this AGREEMENT, including a CITY representative being permitted to participate and provide input in candidate interviews. The COUNTY shall have the final authority to select the Clinical Social Worker assigned to the CITY from the group of individuals meeting minimum qualifications and identified by COUNTY Human Resources as eligible to be part of the candidate pool. COUNTY shall use its best efforts to ensure that the same person provides services to the CITY except when he/she is on paid leave or otherwise absent. CITY shall use its best efforts to schedule the assigned public safety officer(s) so that at least one (1) of the assigned law enforcement officers is on duty each day the Clinical Social Worker is working. b. Work Space. The Clinical Social Worker will physically report to, and be housed out of, the Oak Park Heights Police Department building full-time. CITY will provide a workspace, desk/office furniture and necessary internet and other connections needed to perform job duties in the CITY's Public Safety building. The Clinical Social Worker will ride with law enforcement partner in unmarked car to in -progress calls and/or follow up visits when applicable. c. COUNTY shall train, equip, provide mileage reimbursement, and all materials for the Clinical Social Worker's programs under this AGREEMENT. 3 Page 52 of 60 5. FUNDING a. Funding of Personnel. On the Effective Date February 1, 2025 to January 31, 2026 CITY shall pay the COUNTY twenty-five percent (25%) of the total compensation paid to the Clinical Social Worker by the COUNTY for participation in the Coordinated Response Program provided to the CITY during the term of this AGREEMENT. The term "total compensation" includes salary, benefits and overhead as those exist on the Effective Date and as modified from time to time, during the term of this AGREEMENT. Any grant or temporary funding obtained by the CITY should be for startup funding only with the expectation that funding will be secured by the CITY to permanently maintain the program in its entirety annually. February 1, 2026 to January 31, 2027 the CITY shall pay the COUNTY fifty percent (50%) of the total compensations, administrations, and operations for the Coordinated Response Program. These amounts shall be annually adjusted with up to seven percent (7%) increase to wages and benefits to take into consideration wage rates and overhead adjustments for Community Services Department's services implemented by the COUNTY. The COUNTY shall notify CITY on or before December 31st of each year as to the increases to be implemented for the following year's services. The current total compensation as of the Effective Date of this AGREEMENT is detailed below in Figure 1: Figure 1. CLINICAL SOCIAL WORKER 2/1 /25-1 /31 /26 2/1126 — 1 /31127 .50 FTE Co -Response Clinical Social Worker Wages/Benefits Wages/Benefits Admin/Operation Cost Admin/Operation Cost Law Enforcement Portion (25%) $17,175 (5o%) $34,350 Community Services Portion (75%) $51,525 (50%) $34,350 Total $68,700 $68,700* *annually adjusted up to 7% increase to wages and benefits, to be determined. b. CITY Payments. CITY shall pay the amount indicated under Section 5(a) within (30) days of receipt of an invoice submitted by the COUNTY. COUNTY will bill the CITY quarterly. Invoices shall be mailed to the address in Section 18, to the attention of the Finance Department. 61131 CJIS MANAGEMENT CONTROL AGREEMENT M Page 53 of 60 Pursuant to the Federal Bureau of Investigation Criminal Justice Information Services Security Policy ("FBI CJIS" or "CJIS"), it is agreed that with respect to administration of that portion of computer systems and network infrastructure interfacing directly or indirectly with the state network or the interstate exchange of criminal history/criminal justice information, the Oak Park Heights Police Department shall have the authority, via managed control, to set, maintain, and enforce: a. Priorities. b. Standards for the selection, supervision, and termination of personnel access to Criminal Justice Information ("CH"). Policy governing operation of justice systems, computers, access devices, circuits, hubs, routers, firewalls, and any other components, including encryption, that comprise and support a telecommunications network and related criminal justice systems to include but not limited to criminal history record/criminal justice information, insofar as the equipment is used to process or transmit criminal justice systems information guaranteeing the priority, integrity, and availability of service needed by the criminal justice community. d. Restriction of unauthorized personnel from access or use of equipment accessing the State network. Compliance with all rules and regulations of the Oak Park Heights Police Department policies and CJIS Security Policy in the operation of all information received. This Section ensures that management control of the criminal justice function remains solely with the Oak Park Heights Police Department. This Section covers the overall supervision of all Oak Park Heights Police Department systems, applications, equipment, systems design, programming, and operational procedures associated with the development, implementation, and maintenance of any Oak Park Heights Police Department system to include National Crime Information Center ("NCIC") Programs that may be subsequently designed and/or implemented within the Oak Park Heights Police Department. 7. TERMINATION Termination by Either Party. This AGREEMENT may be terminated by either party upon thirty (30) days' written notice delivered to the other party to the addresses listed in Section 18 of this AGREEMENT. Upon termination under this provision, if there is no default by the COUNTY, COUNTY shall be paid for services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This AGREEMENT may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this AGREEMENT. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5 Page 54 of 60 Notwithstanding the above, CITY may immediately terminate this AGREEMENT at any time if the health, safety or welfare of any person receiving services or entitled to receive services under this AGREEMENT is at risk because of the actions or inaction of the COUNTY. 8. INDEMNIFICATION Notwithstanding any other provision to the contrary, the CITY agrees to indemnify, defend and hold harmless the COUNTY, its officers, employees and agents for any and all claims arising out of the CITY's activities related to the services provided under this AGREEMENT. Notwithstanding any other provision to the contrary, the COUNTY agrees to indemnify, defend and hold harmless the CITY, its officers, employees and agents for any and all claims arising out of the COUNTY's activities related to the services provided under this AGREEMENT. b. To the full extent permitted by law, actions by the Parties pursuant to this AGREEMENT are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la provided further that for purposes of the statute, each party to this AGREEMENT expressly declines responsibility for the acts or omissions of the other party. Each parry also specifically intended that the single tort cap limits specified for cooperative agreements under Minnesota Statutes, Section 471.59, subd. la, or as such statute may be amended or modified from time to time, shall apply to this AGREEMENT and to the activities of the parties hereunder. The statutory limits for the parties may not be added together or stacked to increase maximum amount of liability for either parry. Each parry to this AGREEMENT shall be liable for the acts of their own officers, employees, and/or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other parry, its officers, employees, and/or agents. It is understood and agreed the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466, and other applicable laws governing liability arising from the parties' acts or omissions applies. 9. ASSIGNMENT This AGREEMENT may not be assigned or transferred by either parry without the express written consent of the other parry. 10. INSURANCE REQUIREMENTS CITY agrees that in order to protect itself, under the indemnity provisions set forth above, it will at all times during the term of this AGREEMENT keep in force and effect insurance policies as indicated in this Section, in an amount equal to the COUNTY's liability limits set forth in Minnesota Statute, Chapter 466 and the workers compensation requirements in Minnesota Statutes, Chapter 176, as they may be amended from time to time. no Page 55 of 60 b. Nothing in this AGREEMENT shall constitute a waiver by the COUNTY of any statutory limits upon liability. Prior to the Effective Date of this AGREEMENT, the CITY will furnish the COUNTY with a current and valid insurance certificate indicating insurance coverage in the amounts required by this AGREEMENT and shall include a provision that such insurance shall not be canceled or modified without written notice to the COUNTY. This certificate of insurance shall be on file with the COUNTY throughout the term of the AGREEMENT. c. CITY's failure to maintain a current certificate of insurance with the COUNTY shall be a substantial breach of this AGREEMENT and any payments required under this AGREEMENT shall be withheld by the COUNTY until a certificate of insurance showing current insurance coverage in amounts required by this AGREEMENT is provided to the COUNTY. During the term of this AGREEMENT, CITY shall maintain the following insurance policies in accordance with the statutory limits under Minnesota Statutes, Section 466.04 and Chapter 176: W Automobile Liability Insurance Requirements Waived, except for Worker's Compensation General Liability F�--Pr-ofessieffal Liability F Hired/Non-Owned Liability Worker's Compensation d. COUNTY agrees that in order to protect itself, under the indemnity provisions set forth above, it will at all times during the term of this AGREEMENT keep in force and effect insurance policies as indicated in this Section, in an amount equal to the CITY's liability limits set forth in Minnesota Statute Chapter 466 and the workers compensation requirements in Minnesota Statutes, Chapter 176, as they may be amended from time to time. e. Nothing in this AGREEMENT shall constitute a waiver by the CITY of any statutory limits upon liability. Prior to the Effective Date of this AGREEMENT, the COUNTY will furnish the CITY with a current and valid insurance certificate indicating coverage in the amounts required by this AGREEMENT and shall include a provision that such insurance shall not be canceled or modified without written notice to the COUNTY. This certificate of coverage shall be on file with the CITY throughout the term of the AGREEMENT. f. COUNTY's failure to maintain a current certificate of coverage with the CITY shall be a substantial breach of this AGREEMENT and any payments required under this AGREEMENT shall be withheld by the CITY until a certificate of coverage showing current insurance coverage in amounts required by this AGREEMENT is provided to the CITY. During the term of this AGREEMENT, COUNTY shall maintain the following insurance policies in accordance with the statutory limits under Minnesota Statutes, Section 466.04 and Chapter 176: r Automobile Liability Insurance Requirements Waived, except for Worker's Compensation General Liability F Professional Liability 7 Page 56 of 60 r Hired/Non-Owned Liability Worker's Compensation 11. DATA PRACTICES_ OBTAINING AND SHARING INFORMATION a. All data collected, created, received, maintained, or disseminated by the Parties in the performance of their roles and responsibilities under this AGREEMENT shall be subject to and governed by the requirements of the Minnesota Government Data Practices Act ("MGDPA"), Minnesota Statutes, Chapter 13 and the Minnesota Administrative Rules implementing the MGDPA, as amended, as well as any applicable state or federal laws on data privacy and security. The remedies contained in Minnesota Statutes, Section 13.08 shall apply to the CITY and COUNTY under this AGREEMENT. b. All necessary Tennessen Warning notices, consents, releases, and authorizations shall be obtained prior to the collection, release, exchange, or discussion of not public data, as that term is defined in Minnesota Statutes, Section 13.02, subd. 8a, unless such data collection, release, exchange, or discussion is otherwise permitted by law or court order. 12. RECORD DISCLOSURES / MONITORING Pursuant to Minnesota Statute, Section 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the CITY and COUNTY relevant to this AGREEMENT are subject to examination by the CITY and COUNTY, and either the legislative or state auditor, as appropriate. The CITY and COUNTY agree to maintain and make available these records for a period of six (6) years from the date of termination of this AGREEMENT. 13. NONDISCRIMINATION The Parties agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, sexual orientation, disability, or age. 14. COMPLIANCE WITH LAW The CITY and COUNTY agree to comply with all federal, state or local laws, statutes, ordinances, and all applicable rules, standards and regulations now in effect or hereinafter adopted insofar as they relate to the Parties' performance of the provisions of this AGREEMENT. 15. INDEPENDENT CONTRACTOR It is agreed that nothing contained in this AGREEMENT is intended or should be construed as creating the relationship of agents, partners, joint ventures, or associates between the Parties hereto or as constituting either CITY or COUNTY employees as employees of the other party for any purpose or in any manner whatsoever. CITY and COUNTY are acting as independent contractors under this AGREEMENT and neither it nor its employees, agents, or representatives are employees of the other party. Page 57 of 60 16. SUBCONTRACTING AND ASSIGNMENT The CITY and COUNTY shall not enter into any subcontract for performance of any services contemplated under this AGREEMENT without the express written consent of the other party. The CITY and COUNTY shall not assign any interest in this AGREEMENT and shall not transfer any interest in the same, without the prior written consent of the other party. Any assignment made or subcontract entered into shall be subject to such conditions and provisions as the party granting consent may impose. The party authorized to enter into a subcontract for the performance of any services under this AGREEMENT shall retain sole liability for the subcontractor's performance and actions taken pursuant to this AGREEMENT. 17. HIPAA COMPLIANCE If applicable to any of the Parties' responsibilities under this AGREEMENT, the Parties agree to comply with the Health Insurance Portability and Accountability Act of 1996 ("HIPAX), the Health Information Technology for Economic and Clinical Health Act ("HITECH") and any other applicable state or federal laws. This includes health data laws, including, but not limited to, the Minnesota Health Records Act, Minnesota Statutes, Sections 144.291 through 144.298 and 42 CFR Part 2 regarding confidentiality of alcohol and drug abuse patient records. The CITY and COUNTY further agree that they will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103) and shall comply with the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information. 18. NOTICE / REPRESENTATIVES The COUNTY and CITY have designated the following representatives to receive notices and have the authority to transmit instructions, receive information, interpret and define the Parties' policies and decisions in the administration of this AGREEMENT: CITY: Steve Hansen, Chief Oak Park Heights Police Department 14168 Oak Park Heights Blvd. North Oak Park Heights, Minnesota 55082 651-294-4822 SHansen@cityofoakparkheights.com COUNTY: Kathy Mickelson, Community Services Division Manager Washington County 14949 62" d Street N Stillwater Minnesota 55082 651-430-6532 kathy.mickelson@co.washington.mn.us 19. NO THIRD -PARTY BENEFICIARY I Page 58 of 60 This AGREEMENT, including, but not limited to, the indemnification provisions, is for the benefit of the Parties only and does not create, nor is it intended to create, any benefit or liability to third parties. 20. STANDARD OF CARE In performing the services under this AGREEMENT, the Parties will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Parties undertaking herein or its performance of its services. 21. DELAY IN PERFORMANCE Neither CITY nor COUNTY shall be considered in default of this AGREEMENT for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this AGREEMENT, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either CITY or COUNTY under this AGREEMENT. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this AGREEMENT. 22. AMENDMENTS Any alteration, variation, modification of the provisions of this AGREEMENT shall be valid only after it has been reduced to writing and duly signed by both Parties. 23. WAIVER A waiver by either CITY or COUNTY of any breach of this AGREEMENT shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. 24. GOVERNING LAW This AGREEMENT shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County, State of Minnesota District Court. 25. ENTIRE AGREEMENT This AGREEMENT constitutes the entire agreement of the Parties and supersedes all prior communications, understanding and agreements relating to the subject matter hereof, whether oral or written. 10 Page 59 of 60 CITY OF OAK PARK HEIGHTS Bv: Mary McComber Date Mayor By: City Clerk Date WASHINGTON COUNTY, MINNESOTA By: Stan Karwoski Date Washington County Commissioner Chair Bv: Kevin Corbid Date County Administrator APPROVED AS TO FORM: Washington County Attorney 11 Page 60 of 60