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2024-05-07 CC Agenda Packet
lJwr The Birthplace of Minnesota WORKSHOP MEETING CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov REVISED AGENDA CITY COUNCIL MEETING May 7, 2024 1. MN PERA Statewide Volunteer Firefighter Retirement Plan 2. PFA Treatment Mitigation Discussion - TKDA 3. Comprehensive Zoning Code Amendment IV. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. IT Manager 13. Library Director 4:30 P.M. V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL Vill. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 14. Proclamation - International Foreign Exchange Students Day 15. Proclamation - Stillwater Gazette's Stu Groskreutz Day 16. Stillwater Police Department Oath of Duty Presentation - Sergeants, Dave Wulfing and Josh Gow 17. Certificates of Appreciation for Wally Milbrandt (Charter Commission), Heidi Presslein (Human Rights Commission) and Stephanie Souter (Parks and Recreation Commission) 18. Proclamation - Building Safety Month 19. Proclamation - Arbor Day X. OPEN FORUM — the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 20. April 16, 2024 Regular Meeting Minutes 21. Payment of Bills 22. 2024 Sidewalk Rehabilitation Project Bid Award and Agreement - Resolution 23. Amend Land -Use License for Brown's Creek Restoration Project 24. Boards & Commission Appointments 25. Bridge the Valley Bike Rally Event Agreement 26. Church of St. Mary Temporary Liquor License 27. Church of St. Michael Temporary Liquor License 28. Community Project Funding Request for Water Treatment — Resolution 29. IT Cooling Unit Installation Agreement 30. Liquor License Premise Extension for Domacin Wine Bar — Resolution 31. Maryknoll Lift Station Improvements Bid Award and Agreement — Resolution 32. Off -Sale Liquor License for Top Ten Liquors — Resolution 33. On -Sale with Sunday Sales Liquor License for Keys Cafe Bar and Bakery — Resolution 34. Pressure Washer Replacement and Installation Agreement 35. Retail Sale of Fireworks Permit for Target 36. Short Term Home Rental Licenses for 110 Mulberry St E and 419 Harriet St S 37. Special Service District Sidewalk Pressure Washing Agreement 38. Stillwater Sunrise Rotary Club Temporary Liquor License 39. Therapeutic Massage Business Licenses and Massage Therapist Licenses — Resolution 40. Tricia and The Toonies Performance Agreement 41. Washington Conservation District Raingarden Maintenance Agreement 42. Washington County 2024 Municipal Recycling Grant Agreement 43. Washington County ARPA Funds Agreement 44. Water Heater Replacement and Installation Agreement 45. Wine & Strong Beer Liquor License for Quick Fire Pizza — Resolution 46. Settlement Agreement XII. PUBLIC HEARINGS — None XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda May 7, 2024 PFAS Options Analysis Shawn Sanders, PE, Public Works Director/City Engineer Matt Ellingson, PE, TKDA Anna Munson, PE, Hazen & Sawyer May 7, 2024 Oak Glen Golf Club r., St111watllrlounery.Club • - Maple s, w Myrtle St W l ES] awe se w Flee St 'N ae.Mwlb,�gM g 'a Y rd 51 W z Wrlla \t 1:' nu+lu lakeP lal �. Odwn. tit w s alto, 5 Heighf� � V•"��Iage �1 W t.i.�. �� o it /G 0 �St FWWOW flak ' Cemetery llememary School S.I.- r lwh." �s School o � U z to . 0.00 ppt 0.00 ppt No Available 0.56 ppt 0.00 ppt No Available 2.90 ppt 10.0 ppt Yes Off 0.79 ppt 0.00 ppt No Available 3.50 ppt 0.00 ppt No Available but inactive 4.30 ppt 4.70 ppt Yes Off 0.82 ppt 0.00 ppt No Available 0.00 ppt 0.00 ppt No Available PFAS Options Analysis May 7, 2024 EK4 1. Interconnections With Other Water Utilities 2. Residential Whole Home or Point of Use Filters 3. Blending Water In the Distribution System 4. Drilling New Wells 5. Keep Impacted Wells Off 6. Granular Activated Carbon (GAC) Water Treatment Recommendations and Next Steps lllwater PFAS Options Analysis May 7, 2024 waver �I Ilwater„ Limited options available based on available data. No discussions have occurred. City of Oak Park Heights • Two drinking water wells currently serve the community. • Water quality differences with Stillwater's water would present challenges. Minnesota Correctional Facility - Stillwater • Two drinking water wells. • Water comes from a different aquifer; does not have any reported levels of PFAS. • Transmission of water to Stillwater's high-pressure zone at the water tower would be difficult due to the long distance. Further analysis not recommended. PFAS Options Analysis May 7, 2024 waver �I Ilwater„ MDH has resources on their website that discuss home water treatment systems. Considerations for installation of home water treatment could include: • Not liking the way the water tastes, smells, looks or feels. • Concerns about a contaminant such as lead, arsenic, nitrates, or PFAS. Granular Activated Carbon (GAC) used in residential filters is the same used in larger municipal well sites, just designed for a smaller flow and capacity. PFAS Options Analysis May 7, 2024 111wa ter Residential Fil There are two primary types of GAC residential filter systems: • Whole House Filters, also known as Point of Entry (POE) • A POE system is installed on the home's water supply plumbing system, like a water softener. • Point of Use (POU) Filters which include: • An under the kitchen sink unit for a kitchen faucet. • GAC pitcher filters that are available for retail purchase. • GAC filters that are part of a refrigerator's water dispenser or ice maker. Residential filters with GAC media must be maintained and replaced according to the instructions for proper filtration to occur. PFAS cannot be detected by taste or smell in the water. A city-wide program for installation of in -home filters is not recommended because it would not meet the 2029 EPA MCL. PFAS Options Analysis May 7, 2024 waver to . A Water Model was set up to run scenarios for wells with differing PFAS levels Scenarios Included: • Running all wells including Well No. 6 and Well No. 10 for blending to reduce PFAS levels. Results: • The distribution system is not designed to provide blending because of how spread out the wells are. This may be different if the water was mixed at one location like a tank, but also would not meet 2029 EPA MCL. Further analysis not recommended. PFAS Options Analysis May 7, 2024 There are three aquifers in the Stillwater Area WEST Wright County Hennepin County ST. PAUL EAST Ramsey County Washington County QUATERNARY AQUIFER WATER BEARING. BUT ONLY MINOR AMOUNTS AIRIE DU CHIEN-JORDAN AQUIFER . • • ■ IUNNEL CITY-WONEWOC AQUIFER ■ MT. SIMON-HINCKLEY AQUIFER ■ CONFINING LAYER to . Source: Metropolitan Council, Twin Cities Metropolitan Area, Minnesota Groundwater Digest, March 2013 PFAS Options Analysis May 7, 2024 to . Jordan or Mt. Simon Aquifers • Jordan is not recommended due to the presence of contamination in existing wells. • Mt. Simon is protected by state law; must demonstrate no other alternative. Tunnel City - Wonewoc Aquifer • Further aquifer investigation and studies could be done including drilling test well(s) to determine if this aquifer would meet projected water demands based on future development and water use. • There are additional water quality and quantity considerations to review. No further analysis is recommended at this time. PFAS Options Analysis May 7, 2024 waver System Layout 0 (is fed from both the high and the River N eights PIa a S--gggggggggg� to . Farrvlew park Cemetery llernemery School Sala. Wtheran School U PFAS Options Analysis May 7, 2024 I I High Peak Flow Demands May Cause Problems • If demand outpaces what the well pumps and storage can provide, system pressures would be lower. The system may not be able to keep up if Well No. 9 is not used. This could result in water not being available for peak water demand including fire flow events. Tower Drive Elevated Water Tower • 500,000 gallons of storage. • Originally scheduled to be painted this summer. If Well No. 9 and No. 10 are not used, this project will have to be delayed until lower water use periods in the fall of 2024 or possibly 2025. • Further analysis is required regarding water system impacts with the water tower out of service. Keeping Well No. 9 available as a peaking well would reduce the likelihood of lower pressures and would meet the system demands. 111wa ter PFAS Options Analysis May 7, 2024 • EPA designated best available technology for PFAS removal. • Pressure vessels or gravity filters. • Many options for vessel sizes and treatment media alternatives. • Requires periodic wastewater management • Spent GAC — recharge or dispose. ..........water. PFAS Options Analysis May 7, 2024 Chlorination/ pH Adjustment Fluoridation Cartridge Source Well Filters GAC Pressure Vessels (Lead/Lag) Distribution System lllwater *MDH requires water treatment facilities to be enclosed. PFAS Options Analysis May 7, 2024 0 c� Example Site Layout d t 12 FT ® PRESSURE VESSEL TRAINS M 6 FT 0 CHEMICAL STORAGE TANKS CARTRIDGE FILTERS lllwater *Example of a GAC treatment building next to a wellhouse. TREATMENT PLANT WELL HOUSE PFAS Options Analysis May 7, 2024 Total Capital $9.1 M Costs Annual O&M $0.1 M O&M NPV $1.9M (20 Years) Capital Costs $12.2M 1 $30.1 M O&M Costs $0.2M $0.3M $0.6M $4.OM $5.8M $11.6M to . Present Valve $ 45 M ■ Capital Cost ■ O&M 20-YR NPV $ 40 M $35M $30M $25M $20M $15M $10M - Well 6 Well 9 Well 10 Project Costs PFAS Options Analysis May 7, 2024 to . A GAC Water Treatment Plant Design will be a multi -month process and will need coordination and buy in with many City staff and stakeholders, both internal and external to the City. PFAS Options Analysis May 7, 2024 111wa ter Milestone Schedule TASK May-24 Summer 24 Fall 24 Winter 24 Spring 25 Summer 25 Fall 25 Winter 25 Spring 26 Summer 26 Fall 26 Prepare Cost Estimate Submit Grant Request Receive Grant Notification Finalize Scope/Proceed with Design - Design Phase Bidding Phase Award Contract Permitting Long Lead Equipment Bids Award Equipment Contract Construction Commissioning Well 9 Design Phase Bidding Phase Award Contract Permitting Long Lead Equipment Bids Award Equipment Contract Construction Well 6 :D PFAS Options Analysis May 7, 2024 111wa ter Water Treatment with Granular Activated Carbon (GAC) • Design and construct up to three water treatment plants to achieve EPA MCL. • This treatment technology is being used effectively across the country and in Minnesota. • GAC is the only currently MDH approved treatment of PFAS that does not require full scale pilot testing. Due to the schedule to design, bid, and construct a water treatment plant, other short-term options should be used including: • Use Well No. 9 as a peaking well to meet the water demands of the community. • Encourage water conservation to minimize peak water use as much as possible. PFAS Options Analysis May 7, 2024 waver to . Water Treatment with Granular Activated Carbon (GAC) • Requires significant capital investment. Operations and maintenance costs are also substantial and will need to be funded. Funding Sources Include: • State of Minnesota Bonding Bill. • MPCA Drinking Water Planning and Design Funds for PFAS Treatment. • Drinking Water Revolving Fund (DWRF) (application submitted May 3, 2024) • Community Project Funding through the EPA • City utility fees. PFAS Options Analysis May 7, 2024 to . • Keep the City PFAS webpage up to date. • Encourage people to sign up for drinking water updates on the City's website. • Review other sources of public notification such as the City newsletter, utility bill inserts, and discussions with residents and businesses. PFAS Options Analysis May 7, 2024 water. THE BIRTHPLACE OF MINNESOTA DATE: May 7, 2024 TO: Honorable Mayor and City Councilmembers FROM: Sarah Erenberg, Senior Account Clerk SUBJECT: Payment of bills A list of bills in the amount of $796,462.68 has been sent to the Mayor and City Council Members to approve for payment. Waste Management Recycling Pickup Change Two service areas will have a change in recycling pickup in June, 2024. The pickup day currently is set for Tuesday on the odd week and it will move to an even week. Waste Management will pickup two weeks in a row during the transition. The route has been completed by a swing driver and now it will be done by a dedicated full-time driver that is familiary with Stillwater. All residents will be notified and given a new recycling calendar. 0pitwood Rd" ... ` J ' �j' South :' Twin JJ J 4tIve, 4 Ir; Lakes 44 �J J J JJ J JJJJJJJJJJ J J J & J Oak Glen Golf Club Kr J J J 0 D2YA U ,nth Sc N I,_?6j Stillwater C i _. fir Z LA a N M M v J.J.p ';J '0 JJ J St w 'D H y 3 Lily Lake �y e► t` LLk H a J � J J Orleans St W i Stillwater Human Rights Commission Harmony • Dignity • Respect The Stillwater Human Rights Commission invites you to a special event on May 29', 2024 at 7 pm at Stillwater City Hall, 216 4t" St N, Stillwater, MN. M21VII American Stories of Cultural Change Come reexamine history through a cultural lens with M21VI's DEI and implicit bias training. Journey from America's birth to the present day, uncovering stories of resiliency and the true spirit of the American Dream. This training isn't just about the past; it's a powerful exploration empowering us to collectively shape a better future. Attendees will immerse themselves in M2M's educational adventure while, exploring the cultures woven into America's fabric. By bringing history to life and connecting those lessons to today, M21VI provides new perspective, deeper understanding and practical strategies for building culture through effective engagement. It's more than a history lesson; it's an opportunity to create stronger, more connected communities for a brighter and more equitable future. Learning Objectives: • Demonstrate understanding of race relations and their impact on policing practices: o Summarize race and policing in the U.S. in historical context. Discuss the ongoing influence of race relations, strategies to reconcile past injustice, and the importance of fair and impartial policing. o Identify/analyze policing practices that have historically alienated and angered disadvantaged communities. o Discuss how policing practices can address historically unjust laws and policies Demonstrate understanding of implicit and explicit bias o Explain the difference between implicit and explicit bias o Discuss how fear and bias influence officer behavior and police -community interactions o Identify your own implicit bias and strategies that reduce the negative influence of bias • Demonstrate understanding of impartial policing o Describe institutional racism and other forms of bias in the U.S. in a historical context, and their effect on culture, justice, crime, and law o Discuss law enforcement practices that reduce bias and positively influence community o Reflect on your individual practices and discuss how to apply impartial policing practices in your community Citp of 6tillw ter, Alinneota WHEREAS, the City Council of Stillwater, Minnesota recognizes the invaluable benefits of cultural exchange programs that connect our community with countries across the globe; and WHEREAS, these programs enhance mutual understanding, enrich cultural dialogue, andfoster internationalrelationsht ps by providing an opportunity for foreign exchange students to explore our culture and, in turn, share their diverse traditions and perspectives with us; and WHEREAS, Principal Rob Bach and School Counselor Xristina Xing have been instrumental in supporting and guiding foreign exchange students through their educationaljourney in Stillwater; and WHEREAS, the dedicated efforts of Principal Bach and Counselor Xing, alongside the continued support from the school board, have significantly broadened educational opportunities and cultural awareness among our students, and WHEREAS, embracing this educational exchange epitomizes an exemplary enhancement, not solely for Stillwater's scholars but also as apivotalpursuitpromoting profound international interrelations anddtpComatic dialogue; and WHEREAS, our charming town of Stillwater, renowned for its scenic beauty and Often celebrated in newspapers, magazines, and blog posts as the most beautiful city in Minnesota and a premier destination for visitors to the state, proudly showcases its community spirit and hospitality through such enriching programs; and NOW, THEREFORE, I, ied Xozlowski, Mayor of the City of Stillwater, do hereby proclaim March 7, 2024 as InternationaCForeign Exchange Student Day in Stillwater, and urge all residents to recognize and participate in celebrating the diversity and educational enrichment brought about by these valuable cultural exchange programs. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 7th day of May, 2024. Mayor lJwr The Birthplace of Minnesota WORKSHOP MEETING CALL TO ORDER II. ROLL CALL III. OTHER BUSINESS 216 41h Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING May 7, 2024 1. MN PERA Statewide Volunteer Firefighter Retirement Plan 2. PFA Treatment Mitigation Discussion - TKDA 3. Comprehensive Zoning Code Amendment IV. STAFF REPORTS 4. Public Works Director 5. Police Chief 6. Fire Chief 7. Finance Director 8. Community Development Director 9. City Clerk 10. City Attorney 11. City Administrator 12. IT Manager 13. Library Director 4:30 P.M. V. RECESS REGULAR MEETING 7:00 P.M. VI. CALL TO ORDER VII. ROLL CALL Vill. PLEDGE OF ALLEGIANCE IX. RECOGNITIONS OR PRESENTATIONS 14. Proclamation - International Foreign Exchange Students Day 15. Proclamation - Stillwater Gazette's Stu Groskreutz Day 16. Stillwater Police Department Oath of Duty Presentation - Sergeants, Dave Wulfing and Josh Gow 17. Certificates of Appreciation for Wally Milbrandt (Charter Commission), Heidi Presslein (Human Rights Commission) and Stephanie Souter (Parks and Recreation Commission) 18. Proclamation - Building Safety Month 19. Proclamation - Arbor Day X. OPEN FORUM — the open forum allows the public to address council on subjects which are not a part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. XI. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 20. April 16, 2024 Regular Meeting Minutes 21. Payment of Bills 22. 2024 Sidewalk Rehabilitation Project Bid Award and Agreement - Resolution 23. Amend Land -Use License for Brown's Creek Restoration Project 24. Boards & Commission Appointments 25. Bridge the Valley Bike Rally Event Agreement 26. Church of St. Mary Temporary Liquor License 27. Church of St. Michael Temporary Liquor License 28. Community Project Funding Request for Water Treatment — Resolution 29. IT Cooling Unit Installation Agreement 30. Liquor License Premise Extension for Domacin Wine Bar — Resolution 31. Maryknoll Lift Station Improvements Bid Award and Agreement — Resolution 32. Off -Sale Liquor License for Top Ten Liquors — Resolution 33. On -Sale with Sunday Sales Liquor License for Keys Cafe Bar and Bakery — Resolution 34. Pressure Washer Replacement and Installation Agreement 35. Retail Sale of Fireworks Permit for Target 36. Short Term Home Rental Licenses for 110 Mulberry St E and 419 Harriet St S 37. Special Service District Sidewalk Pressure Washing Agreement 38. Stillwater Sunrise Rotary Club Temporary Liquor License 39. Therapeutic Massage Business Licenses and Massage Therapist Licenses — Resolution 40. Tricia and The Toonies Performance Agreement 41. Washington Conservation District Raingarden Maintenance Agreement 42. Washington County 2024 Municipal Recycling Grant Agreement 43. Washington County ARPA Funds Agreement 44. Water Heater Replacement and Installation Agreement 45. Wine & Strong Beer Liquor License for Quick Fire Pizza — Resolution XII. PUBLIC HEARINGS — None XIII. UNFINISHED BUSINESS XIV. NEW BUSINESS XV. COUNCIL REQUEST ITEMS XVI. ADJOURNMENT Page 2 of 2 City Council Meeting Agenda May 7, 2024 Statewide Volunteer Fire Fighter Plan Doug Anderson, Executive Director May 7, 2024 I/A PERA Ing The Public Employees Retirement Association (PERA) administers multiple retirement/pension plans. • PERA has over 440,000 employee members. • Members include those who serve or have served in: O Parks O Cities O Counties O Schools AA iStock Credit: Caiaimage/Martin Barraud . .2V The Statewide Volunteer Firefighter (SVF) Pension Plan: • Created by MN Legislature in 2010. • Administered by PERA for Minnesota's volunteer firefighters. • Joining the SVF Plan is voluntary. The local relief association no longer administers the pension plan for its volunteer firefighters when a fire department enrolls in the SVF Plan. > =-> ==> -:7> Et= > ENROLLMENT => => E:::> E:::::> iStock Credit: IvelinRadkov N 't A&A VAV V V Number Representing Requirements Appointing Authority Current Members • Minnesota Association 1 Townships Either lump -sum or monthly Steve Fenske (12/31/23) benefit of Townships Either lump -sum or monthly League of Minnesota Anne Finn (12/31/23) 2 Cities benefit Cities Calvin Larson (12/31/21) 1 Fire Chiefs Must be a fire chief Minnesota State Fire Jeff Sanborn (12131120) Chiefs Association Volunteer Both must be active, one in Minnesota State Fire Jay Wood (12131118) 2 Firefighters lump -sum plan, one in monthly Chiefs Association Dan Anderson (12131118) plan John King (12/31/21) 3 Volunteer Must be active and in lump- Minnesota State Fire Marc Volk (12/31/23) Firefighters sum plan Departments Association Justin Nielsen (12/31/23) 1 Office of the State State Auditor Rose Hennessy -Allen Auditor * Terms on the advisory board other than the Office of the State Auditor representative are three years. VAV N 4 250 200 150 F tlill 50 235 yti y� 'y1 ,y0 ,y0 ,y0 T T, ,y0 lf0 if ,ti0 ,y0 If, If, ,ti0 ,y0 ,y0 5 v v V A& V 100% 80% - 5 60% 40% 20% 0% 34 92 182 46 14 ti� tip` ti� tip` 11P 44 4, Smaller departments have joined PERA SVF at a higher rate than larger departments ■ SVF VFRA 22 -ItO - AL V VAY -6V s0 40 30 20 Rol 42 000 �00 pSP �00 000 ti�pSP 000 titititi3� * Lump Sum Plans Only AL 00 �h0 AkA .A. VT I/A PERA The State Board of Investment (SBI) invests the pension assets for each fire department in the SVF Plan. The SBI allocates SVF Plan pension assets among the following investment categories at the percentages indicated: SBI Long -Term Policy Target SVF Retirement Plan r% () / Domestic Stocks International Stocks ■ Bonds Alternative Assets Cash Per the August 6, 2009 SVF Advisory Board meeting notes, the board was presented seven different asset allocation options by the SBI and elected the asset allocation shown to the left. The assumed future rate of return for this allocation was set at 6% and has not been revisited since that time. AV VA AV VAV VA 20% 15% 10% 5% 0% 1 Q Q 0/ -5 % -� -3.7% MSVF Annual -10% —SVF Cumulative -15% -15.2% -20% - Actual Annual and Cumulative Returns Since 2018 (Calendar Years) The SBI can provide the Fire Chief and a representative from the governing body with online access to their SVF Plan investment account and associated statements. r AL AA VAV V9V SVF Plan benefits are funded by the volunteer fire department's pension assets. The assets of each fire department are maintained separately in the SVF Plan, meaning a fire department's assets exclusively fund its firefighters' benefits. Your fire department's pension assets grow with the addition of: • Annual fire state aid • Investment earnings • Contributions from the fire department's governing body N & AA V VAS V V BMIN. Hirw Fire State-,ALO- Does the fire department qualify for fire state aid? • Fire department's governing body must apply annually • Determined and distributed by the Minnesota Department of Revenue. For Fire Departments in the SVF Plan receiving aid: Fire State Aid $ L110. PERA 7 Fire Department's Account A 74 A AA VAV V V I/A PERA Voluntary Contributions can be made at any time throughout the year and can only be made by the city or township. Required Contributions: • PERA calculates funding level of the fire department's SVF Plan account annually (August 1 deadline). • The calculation determines if the governing body owes a required contribution. iStock Credit: sutlafk A AA A 'T ... -- AVVAAV----- I/A PERA �A PERA Administrative Fees: $60 per firefighter per year effective in 2025 (includes active and deferred firefighters) fee is subiect to change. State Board of Investment Fees: $0.06 per $1,000 invested Fees are paid from plan assets Annual SVu iStock Credit: TheaDesign A A AA VAV V V I/A PERA 101 The SVF Plan benefit levels may vary. • Benefit levels range from $500 to $15,000 per year of service. • The governing body sets the benefit level and has the authority to approve future increases. • There is no waiting period to implement a benefit increase. • Increase may occur in $100 installments. A V AA VAV V V I/A PERA How and when are benefit levels increased in SVF? The governing body may approve an increase once per year. Approved increases are effective January 1 following approval. PERA can provide a benefit level cost analysis to assist. iStock Credit: guoya A& A&A V VAV V V I/A PERA What happens if a member leaves before the fire department joins the SVF Plan? PERA will calculate the firefighter's benefit applicable at the time the firefighter deferred according to: • Relief association's vesting requirements; • Benefit level; • Interest earnings; and, • Retirement age. iStock Credit: deepblue4you • A AA I n^ ... - - AVVAAV----- I/A PERA am Here is how the benefit is calculated for members leaving after joining SVF: Benefit Level $ (effective on date of deferral) x Whole Years of Service x Vested = Benefit No interest is earned on benefits deferred under the SVF Plan. A V AL AA VAV V V The following are changes to the Relief Association (RA) after joining SVF: • RA ceases to be the pension plan administrator for the volunteer firefighters. • The special fund* is disestablished. • RA transfers the special fund assets to the State Board of Investment. *Fund where the RA maintains the fire department's pension assets r Ak &,& V,&V Additional changes to the RA after joining SVF are as follows: • The RA may choose to continue or dissolve after joining the SVF Plan. • If a RA continues, the RA determines the rules and regulations that apply to it. • PERA does not set, monitor, or provide advice on the rules or regulations applicable to RAs that choose to continue. T's iStock Credit: skynesher - AL A- - - VAV -- `AV --------- I/A PERA PERA is responsible for the following: • Collecting information and maintaining records for Firefighters • Depositing fire state aid and contributions • Processing benefit applications and paying out benefits • Paying out and applying for reimbursement of supplemental benefits • Providing annual pension reports, benefit level cost analyses, and other SVF Plan news/information to fire chief and governing body I& AA VAV V V I/A PERA PERA will also provide the following to the fire chief and governing body: • Annual pension reports • Benefit level cost analyses • SVF Plan news/information 0 II iStock Credit: lemono - . AA . ... - - I/A PERA The State Board of Investment is responsible for the following: • Investing the pension assets for the SVF Plan • Providing online access to the fire department's investment account and associated statements iStock Credit: ipopba V 4k AA A V VAV V V AVVAAV----- I/A PERA The fire chief's is responsible for the following: • Annually certifying service credit • Reviewing communications/reports from PERA • Completing a section on benefit application forms • Updating fire chief's contact information with PERA as needed IN Fr jjLL Z; IIIE \ J�r►_�� iStock Credit:rpellicer I& A AA VAV V V AV VA AV VAV VA I/A PERA -d" The governing body is responsible for the following: • Annually applying for fire state aid • Reviewing communications/reports PERA sends about the SVF Plan • Monitoring/reviewing/approving increases to benefit level • Paying required contributions (if any) per invoices issued by PERA • Updating governing body contact information with PERA as needed A 74 A AA VAV V V Step Methodology • The initial incentive amount is: • $10,000 per plan, plus Step 1 • $1,000 per active member • The initial incentive amount applies to 2023, 2024, and 2025 entrants or until $51VI is exhausted • Order of eligibility is based on proper submission of participation documents • Amount is paid to the plan (not the individual member) • If money remains in the incentive plan pool after allocation to 2023, 2024, and 2025 entrants. PERA will increase the incentive amount to each 2026 entrant to: • $10,000 per plan, plus Step 2 • $1,000 per active member, plus • $X per active member (amount to be determined by PERA) • 20231, 2024 and 2025 entrants will also receive the additional $X per active member. • PERA has discretion to set the amount in a way to maximize the addition of new plans. Step 3 If money remains in the incentive plan pool after allocation to 2026 entrants, Step 2 is repeated N 'k AA VAV i 25 I/A PERA Listed below is the timeline to join SVF on January 1, 2025; • April 1st —Fire departments may submit a cost analysis request and a copy of bylaws. Statutes require a cost analysis. Helps establish benefit level. • July 15t" — Deadline to request a cost analysis. • November 15t" — Deadline to provide resolutions to join. Resolutions needed from governing body and firefighters. Receipt of resolutions preserve a place in line for the incentive plan. N A AA VAV V V I/A PERA Mimi Defined contribution plans may join SVF • 2025 — DC plans may join PERA • Annual allocations only • No individual investment discretion • Same SBI Fund as DB plans • 2026 — Lump Sum DB plans may convert to a DC plan • Excess assets are allocated • Governing Body contribution volatility is eliminated A V AA VAV V V I/A PERA -ddm Visit the SVF pages on the PERA website. MPUBLIC EMPLOYEES RETIREMENT ASSOCIATION Statewide Volunteer Firefighter (SVF) Plan SVF PLAN FORMS SVF Plan Retirement Benefit Application SVF Plan Survivor Benefit Application Request for a Cost Analysis to join the SVF Plan Sample Resolution to join SVF Plan for Relief Association Sample Resolution to join SVF Plan for Governing Body Sample Resolution for Increasing SVF Plan Benefit Level Sample Attestation to Adjust Certified Service SVF cq RESOURCES SVF Home I Want To... SVF Plan Frequent Topics SVF Plan Forms V AL A . VAY AV VA AY VAV -- �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: May 7, 2024 TO: Honorable Mayor and City Council FROM: Ben Gutknecht, Planning Manager SUBJECT: Comprehensive Zoning Code Amendment (2024-2025) BACKGROUND Throughout 2024 and into 2025 the Planning Division will be conducting a comprehensive zoning code amendment. Staff began the process with a kickoff meeting in March to discuss goals, timelines, and workflow. The following report will serve as a roadmap through the Amendment process and provide the City Commissions/Council with a high- level workflow. Goals The primary goals for the comprehensive zoning code amendment are to consolidate the number of Zoning Districts, consolidate the Use Table and Land Uses, simplify and modernize existing and proposed regulations, and update the zoning code definitions and performance standards. Staff Resources Staff anticipates utilizing internal City Staff resources for majority of the review with budgeted assistance from the City Attorney. This will include working with Commission (along with other City Advisory Commissions), City Council, and public feedback at various points throughout the process. Scope of Work While still in the initial phase of the amendment process, Staff has identified key items to be included in the project scope that should be included in the comprehensive code amendment. This currently includes (but not limited to): • Consolidating Zoning Districts • District Standard Review • Zoning Definition Update • Sign Ordinance Review • Use Table Review and Consolidation • Performance Standard Review • Housing Density and Standards • Codification of some design standards • Implement and codify a Rental License Program • Discuss key policy changes desired • Implement strategies from Energy in Action Plan • Implement strategies from Residential Economic Stability (housing, when ready and where applicable) • Updates to Subdivision Code Again, this is not an all -encompassing list, rather an opportunity for the Commission to weigh in on the proposed scope. Staff welcomes the Commission's feedback should they want to recommend the addition or removal of items from the project scope. As a note, Staff does not expect the Commission to provide immediate feedback, rather take in the information and update staff as the process move forward. Schedule -Kick Off Meeting -Zoning Maps and District -Consolidate Use Table -Review District Standards i •Review Zoning Code Definitions •Review Performance Standards December aw Public To Comment Period January • Public Workshop (Focused) -Environmental/ Sustainability -Additional Regulatory Sections/Standards September llllll`�M lllllllllllllllll •Qual ty control and Analysis far Ordinance consistency February • Public • Approval Hearing and Adoption Staff anticipates the process will take approximately 12 months. Some highlights of the process are below. March 2024 Staff met to establish goals and parameters for the comprehensive zoning code amendment process. May 2024 Starting in May, Staff will begin consolidating Zoning Districts and updating the proposed Official Zoning Map. This includes keeping Village Commercial separate from other Commercial Districts (due to design criteria, uses, and drive throughs) and redefining the High -Density Mixed -Use district as an overlay district. Staff will also be reviewing goals outlined in the Comprehensive Plan to ensure consistency with Zoning Code. June 2024 Staff will compile an updated Land Use Table and refine individual zoning district standards (setbacks, height, etc.). July 2024 Staff will audit the Definitions section to ensure they are consistent with modern standards and interpretation. Staff will also review Performance Standards (parking, landscaping etc.). Staff proposes codifying the West Stillwater Business District standards to the industrial, commercial, and office districts. August 2024 Staff anticipates that the newly formed Energy Action Committee will be able to provide framework and suggestions for environmental considerations. Staff will also review other regulatory sections and key policy changes such as, rental licensing, sign code, and land use alteration permits. September 2024 September will focus on conducting a thorough quality control and analysis to ensure consistency throughout the Zoning Ordinance and other sections of City Code. Staff will draft a complete concept draft of the proposed Code with our City Attorney in November. December 2024 December will start an early public comment period. January 2025 Staff will host a focused public workshop/public comment process to engage with public to address specific aspects of concerns with the draft proposal. February 2025 Staff will schedule Public Hearing in February at the Planning Commission with anticipated approval and adoption by City Council in March. March 2025 Updated Zoning Code is anticipated to be formally adopted. ACTION No action is being requested at this time. This report if for informational purposes only. The Planning Commission reviewed this framework at their April Meeting and supported the approach. Stillwater Official Zoning Map Framework for Zoning Map Amendment April 18, 2024 Revised May 2, 2024 Purpose: The purpose of this report is to establish a framework for a comprehensive amendment to the City of Stillwater's Official Zoning Map. This is a 'first read' of a framework and is not the official amendment. This will set the stage and the tone for the process of this project moving forward, but does not lock in a particular outcome. Goal: The goal of the Zoning Map Amendment is to consolidate the number of individual zoning districts into a more manageable number that will help streamline the approval process for qualifying requests and overall making the Stillwater Zoning Code more user friendly. This is the first step and foundation for streamlining and right sizing the overall Stillwater Zoning Code. Without this first step, the end result of the broader amendment to the Zoning Code as a whole will not be able to achieved. Additionally, without this first step as a foundational element, the remainder of the Zoning Code Update will likely be cumbersome and inefficient. That said, this is an iterative process. Decisions made 'down stream' of the Zoning Map Amendment may result in a need to step back and refine the Zoning Map. Strategy: In recognition that many of the residential districts are fairly repetitive with small differences, it is possible to consolidate several districts without creating nonconforming lots or creating additional developable area beyond the scope of our Comprehensive Plan. Tactic: The actual process proposed to achieve the above strategy and goal can be found in the following exhibits. Exhibit A Proposed Official Zoning Map Exhibit B Proposed Districts Exhibit C Proposed District Change Crosswalk Exhibit D Dimensional Standard Comparison Exhibit E PREVIEW of Use Table Consolidation and Update Prepared by: Tim Gladhill Community Development Director Exhibit A Proposed Official Zoning Map ..^ill e z'G A. Houl w ■ r'go MEN a r Oak Pars Sc,rces: E§ri, HERE, Garmir., USGS, Irtermap, INCREMENT P. NRCan, Esri �^ �.»; .;, _ - Japan, tv1E 1. Esri China ;Hong KaggOlEsri.Kcrea, Esri ;Thailand). NGCC, ;c) '_"' St h ` OpenstrMap ocntributons, and the GIS User Community 1 ,1 I 1wa ter rut nlrTle,/t[ or v!nwt.dra '\ Proposed Zoning Districts _ 11: Office and lydusinal R2: Neghbodwod ConswvaSon Bt Downcwn _ PublioQuasi Publ r M: Small Lot Single Fandy 2024 Comprehensive B2: General commercial _ Recreation - R4: Medium Density Reesdential Zoning Code Update BS:Neighborhood Commercal R`:SirgleFamityResidenoal-WHoDenstyPesidential Proposed Official Zoning Map Exhibit B Proposed Districts NOTE —This is a work in progress. Zoning District Codes will be cleaned up on final version. Existing Districts Proposed Districts A-P—Agricultural preservation 61: Downtown LR—Lakeshore residential 132: Mixed Use CTR—Cove traditional residential 133: Neighborhood Commercial RA —One -family districts 11: Office and Industrial TR—Traditional residential P1: Public/Quasi-Public CCR—Cove cottage residential Recreation RB—Two-family districts R1: Single -Family Residential CR—Cottage residential R2: Neighborhood Conservation TH—Townhouse residential R4: Medium Density Residential CTHR—Cove townhouse residential R5: High Density Residential RCL—Low density multiple -family residence RCM —Medium density multiple -family residence RCH—High density multiple -family residence CA —General commercial CBD—Central business district VC —Village commercial BP-C business park —Commercial BP-O business park —Office 1313-1 business park —Industrial CRD—Campus research district PA —Public administrative offices PWFD—Public works facility district PROS —Park, recreation or open space RR —Rural residential Neighborhood Commercial Downtown Design Review District Neighborhood Conservation District Note — District Boundaries have also been cleaned up, further consolidating and streamlining. Exhibit C New District Crosswalk This 'crosswalk' better illustrates, generally, where existing districts would be placed in the new framework. Proposed District Previous District(s) 132: Mixed Use CA: Commercial BP-C: Business Park —Commercial VC: Village Commercial HMU: Highway Mixed Use 133: Neighborhood Commercial Neighborhood Commercial B1: Downtown CBD: Central Business District Downtown Design Review Overlay District RCH—High density multiple -family residence (inside Downtown District) 11: Office and Industrial BP -I: Business Park— Industrial BP-O: Business Park —Office CRD: Campus Research District P: Public/Quasi-Public PA: Public Administrative Recreation PROS: Parks, Recreation, or Open Space R1: Single -Family Residential RA: One -Family District RR: Rural Residential TR—Traditional Residential R2: Residential RB: Two -Family Residential Neighborhood Conservation Overlay District R4: Medium Density Residential **need to fact check this category** CCR—Cove cottage residential CR—Cottage residential TH—Townhouse residential CTHR—Cove townhouse residential RCL—Low density multiple -family residence RCM —Medium density multiple -family residence R5: High Density Residential RCH—High density multiple -family residence (outside of Downtown District) Exhibit D Dimensional Standard Comparison RA R1 TR R1 CTR R1 LR R1 R7 **new RB R2)NCD R2NCD **new* CR R3 CCR R3 R3 **new** TH R4 CTHR R RCL R4 RR R1b AP Lot Size 10000 10000 140001 20000 10000 7500 7500 6000 7000 6000 5000 3000 7000 43560 435600 Lot Width 75 65 80 80 65 50 50 50 60 50 100 300 Lot W idt Cut de Sac 40 40 Lot De th 100 170 100 25 100 20 100 20 15 20 15 20 30 35 35 300 40 300 50 Front Yard Setback 30 20 25 25 Front Yard Setback (Garage) 30 27 32 30 30 30 20 20 25 45 40 25 Side Yard Setback 10 10 7.5 10 5 7.5 5 5 7.5 5 25 50 20 15 25 Side Yard Setback (Garage) 10 3 5 5 3 3 5 7.5 5 25 10 15 25 Side Yard ComerlExtedor Setback 30 10 20 25 25 20 20 15 20 15 25 40 25 Side Yard Comer/Exterior Setback Gars a 25 30 30 15 15 25 40 25 Rear Yard Setback 25 25 25 25 25 25 25 25 28 25 5 45 50 75 Rear Yard Setback (Garage) 3 5 3 3 3 3 25 10 50 75 Building Se ration 15 40 50 35 OHW Setback 85 Lot CO'era a 30 35 35 Lot Covens a Stmctures 25 25 Lot Coverage Other Ira Mous 25 25 Floor Area Ratio 0.75 Building Height 35 351 351 35 35 35 28 35 25 35 35 35 35 Buildin Hai ht Stories 2 3 Butldin Hei ht Accesso Stmctures 20 20 25 20 20 20 20 35 35 20 20 50 Buildin Height A Bull din s Garage Size 1 10001 1 1000 Exhibit E Preview of Use Table Consolidation and Update **The following exhibits need to be updated to reflect the further consolidation of districts per 4/25 discussion*** Residential Districts Allowable Uses This is a preliminary draft solely to illustrate process and framework, not an outcome. R1 R2 R3 R4 R5 Allowable Uses Single -Family Detached P P Duplexes P P Townhomes (3+Attached) P P Apartments and Condominiums P Assisted Living and Memory Care P P P P P Accessory Dwelling Units P P Short Term Home Rentals P P P P P Home Occupation —Type I P P P P P Home Occupation —Type II CUP CUP CUP CUP CUP Home Occupation —Type III CUP K-12 Schools, Public and Private CUP CUP CUP CUP CUP Places of Worship CUP CUP CUP CUP CUP Cemeteries CUP CUP CUP CUP CUP Agriculture and Agricultural Sales P Commercial Greenhouse CUP Fish and fur farming??? CUP Riding Academies or Stables CUP Growing of Industrial Hemp CUP Commercial, Industrial, and Mixed Use Districts This is a preliminary draft solely to illustrate process and framework, not an outcome. B1 B2 B3 11 I Allowable Use General Retail P P P A Tobacco Sales CUP P CUP CBD Retail Establishment —Intoxicating CUP Medical Cannabis Distribution Facility CUP Medical Cannabis Laboratories CUP Hemp — growing of Therapeutic Massage Business P P P Restaurants P P P Taprooms (and other definitions) P P P P Drive Throughs CUP Personal and Professional Services P P P Offices P P P CUP Offices — Medical and Medical Ancillary P P P CUP Hospitals Motor Vehicle Sales Motor Vehicle Repair Car Wash Gas Station Indoor Commercial Recreation P P P P Dog Training Facility Outdoor Commercial Recreation CUP CUP CUP Outdoor Dining P P CUP Outdoor Sales CUP CUP CUP Outdoor Events IUP IUP IUP Commercial Nurseries CUP K-12 Schools, Public and Private IUP CUP IUP Public Administrative Offices Libraries and Museums Post Offices Commercial Day Care P P P Hotels or Motels CUP P CUP Light Manufacturing P Warehousing P Indoor Self Storage CUP Transportation Terminals CUP Funeral Home or Mortuary CUP Multifamily Residential CUP Short Term Home Rentals P P Wireless Communication Towers CUP CUP Commercial, Industrial, and Mixed Use District Allowable Uses Crosswalk This is a preliminary draft solely to illustrate process and framework, not an outcome. Previous Description New Description General retail business uses or service; local market' General Retail General retail business uses or service; local and regional market General Retail Specialty retail, incl. antique shops General Retail Department stores General Retail Drug stores General Retail Interior decorating sales; sale of floor covering, paint, wallpaper, materials and objects of interior decorating General Retail Appliances and furniture, sale of General Retail Household goods, sale of (including china) General Retail Books, magazines, newspapers, stationary; sale of General Retail Gifts, flowers, photographic supplies; sale of General Retail Medical cannabis distribution facility Medical cannabis distribution facility CBD retail establishments non -intoxicating CBD retail establishments non -intoxicating CBD retail establishments intoxicating CBD retail establishments intoxicating Therapeutic massage business Therapeutic massage business Tobacco products; sale of Tobacco products; sale of Hardware, sale of General Retail Sporting goods; sale of General Retail Music store General Retail Supermarket, retail food General Retail Baked goods, manufacture/retail sale of ( <_ 5 persons employed) General Retail Baked goods, manufacture/retail sale of ( > 5 persons employed) General Retail Grocery, < 5,000 sq. ft. of retail area General Retail Restaurants3 Restaurants Fast food outlet Restaurants Tea rooms, delis, coffee shops, soda fountains, not including the sale of alcoholic beverages Restaurants Outside eating establishments Outdoor Dining Drive-in or drive -through: restaurant, eating places or any other use involving a drive-in or drive -through activity Drive Throughs Barber or beauty shops Personal or Professional Services Shoe repair shop Personal or Professional Services Printing shop Manufacturing? Photo processing General Retail? Tailoring or pressing Personal or Professional Services Laundry; agencies, self-service, full service, dry cleaning Personal or Professional Services Laundry employing < 5 persons Personal or Professional Services Carpet, bag and rug cleaning Personal or Professional Services Banks and financial institutions Personal or Professional Services Offices; general, business or professional Offices Offices; finance, insurance, editorial or real estate services Offices Offices; administrative Offices Offices; business offices that are accessory to permitted uses on the site Offices Office buildings Offices Consultant services such as advertising, engineering, architects and designers Offices Radio or television stations Offices Offices; medical and dental Offices, medical Office display or sales spaces' Offices Automotive sales, service and storage, excluding gasoline filling stations (See Section 28-382for performance standards.) Motor Vehicle Sales Service stations or fuel sales (See Section 28- 382for performance standards.) ??? Gasoline filling station Gasoline filling station Auto repair and related services Auto repair and related services Car Washes Commercial recreational uses Indoor Commercial Recreation Commercial recreational entertainment Indoor Commercial Recreation Amusement and recreational establishments' Indoor Commercial Recreation Event Centers Outside entertainment, commercia18 Outdoor Special Events Indoor commercial recreation Indoor commercial recreation Outdoor commercial recreation Outdoor commercial recreation Outside eating areas Outdoor Dining Outside sales or special events' Outdoor Sales Outdoor Special Events Outside storage Outside storage Seasonal outdoor sales Seasonal outdoor sales Commercial nurseries Commercial nurseries Exterior phonographs, paging systems, musical instruments, etc. that may disturb the peace and quiet of the public Outdoor amplified music Parks Trails Move all to PROS (and consolidate to simply parks and related infrastructure) and zone appropriately Park structures" Playgrounds Nature preserve Athletic fields with lights12 Outside tennis courts with lights13 Outside basketball courts with lights" Outside hockey rinks with lights" Athletic fields without lights13 Outside tennis courts without lights Outside basketball courts without lights Outside hockey rinks without lights Recreation centers14 Multiple purpose park buildings Golf course Golf course club houses Dog park Public boat launch Other passive recreational or natural open spaces Parking lot Schools, business and technical Schools, public and private Post secondary education institutions Schools and studios for arts and crafts, photography, music, dance ?? Educational institutions, schools Schools, public and private Libraries, art galleries, theaters for the performing arts, and other such cultural facilities Libraries and Museums Libraries or post offices Libraries and Museums Public Administrative Offices Churches and other places of worship Places of Worship Day cares/ nurseries Day cares/ nurseries Group day care Day Cares Governmental facilities Public Administrative Offices Fire station Public Administrative Offices Hospitals, convalescent hospitals and nursing homes Hospitals, convalescent hospitals and nursing homes Hotels or motels Hotels or motels EMS facilities26 ?? Manufacturing, limited17 Light Manufacturing Manufacture of baked goods Light Manufacturing Manufacturing, processing, fabrication or assembling of limited commodity18 Light Manufacturing Retail sales of products manufactured on the site19 Retail sales of products manufactured on the sitel9 Wholesale trade Warehousing Warehousing and outside storage Warehousing and inside storage Warehousing Mini -storage Indoor Self Storage Light industrial that is clean and compatible with surrounding properties Light Industrial Limited bottling works20 Light Industrial Printing and publishing or lithographic shop Light Industrial Chemical laboratories Light Industrial? Research establishments of industrial, medical or scientific nature Light Industrial Medical cannabis laboratories Medical cannabis laboratories Research facilities or research laboratories Research facilities or research laboratories Transportation station or terminal Transportation station or terminal Helipads Helipads Public works facility, including office and meeting space Public Administrative Offices Essential services Public utility transmission lines and facilities Utility Facilities Telephone exchange Utilities Facilities Parking facilities See Off Street Parking Performance Standards Private parking facilities > 5 cars See Off Street Parking Performance Standards Funeral home or mortuary Funeral home or mortuary Growing of industrial hemp Growing of industrial hemp Club or lodge Event Center Dog training facility25 Dog training facility" Outside eating areas Outdoor Dining Outside sales or special events' Outdoor Sales Special Events Residences of all classes Multifamily Residential Temporary structures Temporary structures Short-term home rentals Short-term home rentals Small wireless facilities in the right-of-way Small wireless facilities in the right-of-way Wireless communication services towers and antennas Wireless communication services towers and antennas Cite of *tiCCmater, Minnesota WHEREAS, Stillwater Gazette's Stuart Groskreutz, a highly -respected do -it -all sports reporter -photographer -editor, is the 2024 recipient of the Minnesota State High School League's Outstanding Media Service Award in the Print Division; and WHEREAS, for nearly three decades, Groskreutz has been the one patrolling the sidelines, keeping score, taking pictures, and spending hours typing, editing and designing pages in the wee hours to deliver the news to the readers of the Stillwater Gazette, and WHEREAS, He was recognized on Saturday, March 23 during the Boys Basketball State Tournament, and in April, he's also set to receive a citation award from the Minnesota Football Coaches Association for meritorious service, and WHEREAS, Groskreutz is a 1991 graduate of Litchfield High School where he played basketball and tennis. In 1989, the Dragons won the Class A tennis championship, and he played No. 1 doubles on that championship team. He went to Concordia (Moorhead) where he played tennis and majored in English; and WHEREAS, Groskeutz would later move to the Chippewa Falls (Wis.) Herald where he served four years as the sports editor and met his wife, Sarah. As they prepared to move to the Twin Cities, the Stillwater Gazette had an opening in August of 2000 and he was selected to cover prep sports in the St. Croix River Valley, primarily the Stillwater Ponies, with their rich traditions of success, championships and colorful characters, and WHEREAS, Groskreutz's is not complacent. He maneuveres into position to get a powerful photo, accurately breaking down a championship winning play, and writing a compelling feature. He challenges himself each day on behalf of his legion of followers. NOW, THEREFORE BE IT RESOLVED, that I, Ted Kozlowski, by virtue of the authority vested in me, as Mayor of the City of Stillwater, do hereby proclaim May 8, 2024 as, Stu Groskreutz Day in the City of Stillwater and encourage the citizens of Stillwater to congratulate Stu on his accomplishments. WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 7th day of May, 2024. Mayor Nillwater THE BIRTHPLACE OF MINN E S 0 T A S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to tPie efimkt eatntrib,3 and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: May 7, 2024 Nillwater THE BIRTHPLACE OF MINN E S 0 T A S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to J&" 9'Wjj &in Lie 3bunan Zyfib eammW ion and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: May 7, 2024 Nillwater THE BIRTHPLACE OF MINN E S 0 T A S TIL L WA TER CITY COUNCIL SERVICE AWARD On behalf of a grateful City and upon the recommendation of leading citizens, the Mayor and City Council hereby extend recognition and appreciation to and for outstanding service in support of the City of Stillwater's mission. Ted Kozlowski, Mayor Date of Recognition: May 7, 2024 Cf tp of *tiCCmater, Minnesota WHEREAS, our (City, Town, County, State) is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and when disasters strike; and WHEREAS, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians --building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry --who workyear-round to ensure the safe construction of buildings; and WHEREAS, these guardians are dedicated members of the International Code Council, a nonprofit that brings together local, state, territorial, tribal and federal officials who are experts in the built environment to create and implement the highest -quality codes to protect us in the buildings where we live, learn, work and play, and WHEREAS, these modern building codes include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes; and WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities' largely unknown protectors of public safety -- our local code officials --who assure us of safe, sustainable and affordable buildings that are essential to our prosperity; and WHEREAS, "Mission Possible," the theme for Building Safety Month 2024, encourages us all to raise awareness about building safety on a personal, local and global scale; and WHEREAS, each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. NOW, THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me, as Mayor of the City of Stillwater, do hereby proclaim May 2024 as, N Building Safety Month N in the City of Stillwater and encourage the citizens of Stillwater to join us as we participate in Building Safety Month activities. WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 7th day of May, 2024. Mayor Cite of *tiCCmater, Minnesota WHEREAS, in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business area, and beautify our community; and WHEREAS, trees - wherever they are planted - are a source of joy and spiritual renewal. NOW THEREFORE, I, Ted Kozlowski, by virtue of the authority vested in me, as Mayor of the City of Stillwater, do hereby proclaim the 261" of April 2024 N ARBOR DAY throughout the City, and I urge all the people of Stillwater to join in and celebrate Arbor Day and to support efforts to protect our trees and woodlands; and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well- being of this and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Stillwater to be affixed this 7th day of May, 2024. Mayor j(Water 216 4th Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES April 16, 2024 REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:00 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land Administrative Assistant Schmid Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Captain Meredith Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS Energy Action Plan Paolo Speirn, facilitator with Partners in Energy, presented an Energy Action Plan that the groups has been working over the past last year. The Plan offers Stillwater residents, businesses, and the City a path forward to save energy and manage costs while avoiding carbon emissions. Jessica Johnson, Realtor and collaborative member of the Energy Action Plan, provided positive feedback on the experience with Partners in Energy and the plan they have created. Rick Hieck, Sustainable Stillwater, is strongly supportive of the Energy Action Plan outcome and workplan and is happy to continue the collaboration with the City and Partner's in Energy. Dori Herman, resident and collaborative partner on plan, is happy to be a part of the Energy Action Plan and excited to see what their team and workgroup can accomplish under the plan. Glen Hanson, resident, communication professional and collaborative partner on plan, expressed the communication plan they have to effectively communicate the plan to residents and businesses will have positive change. City Council Meeting April 16, 2024 Councilmember Dunker asked Mr. Speirn about his background and what other cities they have been working with. Mr. Speirn has been with Partners in Energy for two years however Partners in Energy has been around for nine years. Mayor Kozlowski asked about the success rate in other communities after the plan has been initiated. Mr. Speirn acknowledged the success rate has been high because of the goals the community members create and are able to achieve. Councilmember Polehna stated that the city had their own facilities reviewed for energy efficiency. Mr. Speirn was aware of this and worked with City Administrator Kohlmann to access files. Upon implementation, Partners in Energy will review those reports. Councilmember Polehna asked Mr. Speirn how a resident goes about implementing a plan for themselves. Mr. Speirn expressed there are programs through Xcel and people available to assess the residents home. Mayor Kozlowski confirmed that the program is to bring more awareness and expressed positive feedback at the program being able to help residents and business, at no cost to the city, and is proud to see volunteers contribute to the City. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the Energy Action Plan and memorandum of understanding. All in favor. Councilmember Odebrecht reviewed the resolution and acknowledged the details of the Energy Action Plan. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt the Resolution 2024-041, Resolution Establishing the Energy Action Team as an Endorsed Committee. All in favor. Water Update Public Works Director Sanders gave a presentation on the detection of PFAS in three of the City's wells, prompting the Minnesota Department of Health (MDH) to issue a health risk advisory. All three wells were below the acceptable levels in 2021 and 2022. He reviewed the roles and responsibilities of involved agencies. The MDH has drastically lowered the acceptable level of PFAS over the past several years. Stillwater's average values were within guidelines until the MDH updated its guidelines in 2024. The City stopped using Well #6 when it learned of the test results in 2023, and stopped using a second well in 2023 in anticipation of the EPA's maximum contaminant level. In 2024, the MDH released more stringent values which resulted in a third well exceeding those values and out of caution the City has not been using that well. The City is seeking grant funding and initiated a study to identify alternatives to mitigate the PFAS contamination. The City will continue to monitor the wells and stay in communication with the MDH and with customers. Social District Mayor Kozlowski brought to attention the social district Anoka County is participating in. A social district allows people to go from one establishment to another with alcoholic drinks in downtown. Mayor Kozlowski would like to have Stillwater included in the discussion by representatives at the Capitol. Details and further discussion can be tabled for another time. Page 2 of 6 City Council Meeting April 16, 2024 Motion by Councilmember Odebrecht, seconded by Councilmember Polehna to request Senator Housley include the City of Stillwater in a social district bill and for Council to have the option to participate in the future. All in Favor. OPEN FORUM Louise Hanson, resident at Rivertown Commons raised concerns of parking on 2na Street from Mulberry to Mrytle, graffiti and drug use in parking ramp and erosion at Peace Park. Bob Holt, resident, thanked staff and Council for answering questions he had on Waste Management contract and yard waste. He would like Council to review other options rather than having a one size fits all. STAFF REPORTS Public Works Director Sanders reported on the Metropolitan Pollution Control Agency Grant and Special Appropriation Application and provided an update on the 2024 Parking Lot and Trail Improvement Project which consists of three trail projects, upgrading storm drainage at Long Lake Villas and parking Lot 8 behind River Market Coop. Police Capitan Meredith gave an update on employee promotions, hiring and staffing at events. Councilmember Junker suggested to keep an eye on the graffiti. Police Capitan Meredith advised they have identified an individual and are working on the issue. Fire Chief Glaser highlighted the successful Leadership in the Valley Public Safety and Law Day.; Safer Grant submitted to FEMA and expressed condolences to the family on the passing of Larry Beers, who served the Stillwater Fire Department for 15 years. Finance Director Provos commented the annual audit continues and they are Finance working on sales tax for parking. Councilmember Odebrecht asked the payment of bills be posted on wall for residents to create transparency. Finance Director Provos stated it will be added to the agenda packet. Community Development Director Gladhill noted department activity and Planning Manager Guetknecht and City Attorney Land have started the comprehensive review of the zoning code. City Attorney Land reminded everyone of the Boards and Commission annual training on May 8th at City Hall; continue to watch the legislature and see if any city codes would have to be updated. City Administrator Kohlmann presented the 2023 City Annual Report. CONSENT AGENDA April 2, 2024 Workshop and Regular Meeting Minutes Payment of Bills 2024 Parking Lot and Trail Improvement Project Bid Award and Agreement - Resolution 2024-042 2024 Sidewalk Rehabilitation Project Plans and Specs and Advertise for Bids - Resolution 2024-043 2024 Street Project Bid Award and Agreement - Resolution 2024-044 Animal Humane Society Services Revised Agreement Conditional Use Permit for 14100 60th St N - Resolution 2024-045 Page 3 of 6 City Council Meeting April 16, 2024 Engineering Services Agreement for PFAS Option Analysis Municipal Parking Ramp Restoration Project Bid Award and Agreement - Resolution 2024-046 Retail Sale of Fireworks License for Cub Foods Senior Engineering Technician Position Promotion Temporary Site Lease Agreement for 2001 Willard Street Metropolitan Pollution Control Agency Grant Agreement Special Appropriation Application - Resolution 2024-047 Councilmember Junker requested the Conditional Use Permit for 14100 601h St N - Resolution 2024-045 be pulled from the Consent Agenda. Motion by Councilmember Junker, seconded by Councilmember Collins, to adopt the Consent Agenda as amended. All in favor. Community Development Director Gladhill gave update on parcel location information and how the parcel came to market with proposal as a carwash. Councilmember Junker questioned the proposal where it stated the mock up wasn't specific for City of Stillwater. Mr. Gladhill advised often times developers will have a disclaimer stating it may not be the exact image but they do have the precise plans for it. Conditional of approval should change the aluminum to composite material. Councilmember Junker questioned the signage, traffic study, lighting and parking lot. Nick Johnson, Design Project Manager for Mister Carwash, and Eric Logansgard, Civil Engineering for Kimly Horn, addressed questions on traffic study. Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt Resolution 2024-045, Approving a Conditional Use Permit to for Automotive Repair and Related Services (Carwash) and Site Plan Approval for Mister Car Wash Located at 14100 60th Street North (Case No. CD2024-005). All in favor. PUBLIC HEARINGS There were no public hearings. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS River Market Parking Lot Lease Agreement Community Development Director Gladhill presented lease agreement as it coincides with reconstructing the River Market Parking Lot. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to approve the River Market Parking Lot Lease Agreement. All in favor. Deputy Clerk Position City Administrator Kohlmann advised the Administration Department has seen an increase in work and would like to create a Deputy Clerk Position to relieve the workload on the department. Page 4 of 6 City Council Meeting April 16, 2024 Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to approve the creation of the Deputy Clerk Position. All in favor. COUNCIL REQUEST ITEMS Dine Here Dance Here - May 18th Councilmember Polehna announced the event details and how to purchase tickets. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 9:21 p.m. Ted Kozlowski, Mayor ATTEST: Joe Kohlmann, Acting City Clerk Resolution 2024-041, Resolution Establishing the Energy Action Team as an Endorsed Committee Resolution 2024-042, Resolution Accepting Bid and Awarding Contract for 2024 Parking Lots and Trails Improvement Project (2024-07) Resolution 2024-043, Resolution Approving Plans & Specifications and Ordering Advertisement For Bids For 2024 Sidewalk Rehabilitation Project (Project 2024-03) Resolution 2024-044, Resolution Accepting Bid and Award Contract for 2024 Street Improvement Project (2024-02) Resolution 2024-045, Resolution Approving a Conditional Use Permit to for Automotive Repair and Related Services (Carwash) and Site Plan Approval for Mister Car Wash Located at 14100 60th Street North (Case No. CD2024-005) Resolution 2024-046, Resolution Accepting Bid and Awarding Contract for 2024 Parking Ramp Restoration Project Resolution 2024-047, Resolution Approving Special Appropriation Application Page 5 of 6 i water THE BIRTHPLACE OF MINNESOTA DATE: May 7, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Award of Bid for 2024 Sidewalk Rehabilitation Project (Project 2024-03) BACKGROUND The bid opening for the 2024 Sidewalk Rehabilitation Project was Thursday, May 2nd, 2024. The City received four bids with the lowest bid in the amount of $110,657.63 submitted by Q3 Contracting, Inc. of Little Canada, Minnesota. This was 45% lower than the engineer's estimate of $161,474.89, The project will be funded from the capital improvement budget. RECOMMENDATION Staff recommends that the City Council accept the bids submitted for the 2024 Sidewalk Rehabilitation Project, Project 2024-03, and award the contract to Q3 Contracting, Inc. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion authorizing the Mayor and Clerk to enter into contract, upon City Attorney review and adopt RESOLUTION 2024- , ACCEPTING BID AND AWARDING CONTRACT FOR 2024 SIDEWALK REHABILITATION PROJECT (PROJECT 2024-03). City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx ACCEPTING BID AND AWARDING CONTRACT FOR 2024 SIDEWALK REHABILITATION PROJECT (2024-03) WHEREAS, pursuant to an advertisement for bids for the 2024 Sidewalk Rehabilitation Project, four bids were received by the City Engineer, opened and tabulated according to law, and the following bids were received complying with the advertisement; BIDDER BID Q3 Contracting, Inc., Little Canada, MN $ 110,657.63 Pember Companies, Inc., Menomonie, WI $ 163,910.25 Northern Contracting, LLC, Grand Rapids, MN $ 194,258.00 Urban Companies, St. Paul, MN $ 269,543.00 Engineer's Estimate $ 161,474.89 and WHEREAS, it appears that Q3 Contracting, Inc., Little Canada, MN is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STILLWATER, MINNESOTA, the Mayor and Clerk are hereby authorized and directed to enter into a contract with Q3 Contracting, Inc., Little Canada, Minnesota in the name of the City of Stillwater for the improvement of sidewalks according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 7th day of May 2024. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: May 7, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Amendment to agreement Dedicating a Land -Use License for the Brown's Creek Restoration Project Between the City of Stillwater and Brown's Creek Watershed District BACKGROUND The City council in their regular meeting on February 20, 2024 approved an agreement to grant Brown's Creek Watershed District a Land -Use License for the Brown's Creek Restoration Project. The Brown's Creek Watershed District approached staff and requested an amendment to the agreement to change the access point per the attached exhibit. The BCWD will restore any damages that may occur during construction to City property to its original status. ACTION REQUESTED MOTION TO APPROVE AMENDING THE AGREEMENT BETWEEN THE CITY OF STILLWATER AND BROWN'S CREEK WATERSHED DISTRICT. Amendment to Agreement Dedicating a Land -Use License for the Brown's Creek Restoration Project Between the City of Stillwater and Brown's Creek Watershed District This amends the March 19, 2024, agreement (Agreement) between the City of Stillwater, a Minnesota municipal corporation (Stillwater), and Brown's Creek Watershed District, a special purposes governmental entity of the State of Minnesota with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (BCWD), to revise the property -access area to be used by BCWD's contractor for construction and maintenance of a creek -improvement project. Recitals A. Stillwater and BCWD entered into the Agreement to provide BCWD with rights to access the Brown's Creek Nature Preserve, 10.8 acres of certain real property owned in fee by Stillwater at the southwest corner of McKusick Road North and Neal Avenue North in the City of Stillwater, Washington County property identification number 19-030-20-41-0001 (the Stillwater Property) to construct "the Project," a creek -restoration construction and improvement defined and specified in the Agreement; B. As contemplated by the Agreement, BCWD has awarded a construction contract for the Project to a responsible and qualified bidder, and the selected contract has identified an alternative route to access the Stillwater Property than is specified in the Agreement, and Stillwater concurs that the route specified by the contractor and shown in Exhibit BB, attached hereto and incorporated into this amendment as a term hereof, and the associated alteration of the "Project Area," as defined in the Agreement, are feasible and acceptable; and C. Stillwater and BCWD are authorized by Minnesota Statutes section 471.59 to enter into this amendment to designate a new access route for purposes of the Project. Amendment NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into and made a part of this amendment, and to facilitate the Project for the benefit of the public, the parties agree as follows: 1. Replacement of Access -Route Exhibit. Exhibit B to the Agreement is deleted in its entirety and replaced with Exhibit BB to this amendment. All terms of the Agreement not expressly altered or amended by this amendment remain in full force and effect. [remainder of page intentionally left blank] IN WITNESS WHEREOF, the undersigned have executed this amendment with the intent to be legally bound by its terms as of the date this amendment is fully executed by both parties. City of Stillwater By Ted Kozlowski Its Mayor Attest By Beth Wolf Its City Clerk Date: Brown's Creek Watershed District By Klayton Eckles Its President Approved as to form and execution BCWD counsel Date: City of Stillwater Brown's Creek Watershed District Brown's Creek Resotration Project Amendment LOAMI IlIC _: Site Plan — Project Area City of Stillwater Brown's Creek Watershed District Brown's Creek Resotration Project Amendment i water THE BIRTHPLACE OF MINNESOTA DATE: May 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Boards and Commission Annual Appointments BACKGROUND Each May several commissions have members whose terms end May 1st. Staff publishes the openings, applications are received and interviews are conducted if needed. RECOMMENDATION The Chair and Councilmember Representative for each respective commission have made the following recommendations. Charter Commission Three terms ended and all three members were recommended for reappointment. Two seats were vacant. Jon North moved to CPC last year and Wally Milbrandt resigned. Both spots were recommended to be filled by new applicants, Catherine Preston and Mark Berhow. A letter has been mailed to the Chief Judge for approval. Downtown Parking Commission Three terms ended and all three members are recommended for reappointment Member Ward Term Term Ending Christopher Lepage 2 2nd May 1, 2027 Paul Kaufer 3 1st full Ma 1, 2027 Cliff Bates 2 2nd May 1, 2027 Heritaae Preservation Commission Two terms ended and both members are recommended for reappointment. Member Ward Term Term Ending Brian Larson 2 5th May 1, 2027 Paul Holmes 2 2nd May 1, 2027 Human Riahts Commission Two terms ended and one member, Ed Nelson is recommended for reappointment. The other member, Heidi Presslein resigned so new applicant Drew Chapman is recommended to fill the seat. Member Ward Term Term Ending Ed Nelsen 3 1 st full May 1, 2027 Drew Chapman 1 1 st May 1, 2027 Joint Cable Commission The alternate seat remains unfilled. Staff will publish the for the opening. Parks & Recreation Commission Three terms ended and all three members are recommended for reappointment. One seat was vacant due to resignation of Stephanie Souter so new applicant Glenn Hansen is recommended to fill the seat. Member Ward Term Term Ending Andrew Haveles 4 1 st full May 1, 2027 Dan Macswain 4 2nd May 1, 2027 Megan Lehmann 2 1 St full May 1, 2027 Glenn Hansen 3 Partial May 1, 2026 Planning Commission Two terms ended and both are recommended for reappointment. Member Ward Term Term Ending Eric Hoffman 3 2"d May 1, 2027 John North 4 1 St full May 1, 2027 Utilities Commission Two terms ended and both are recommended for reappointment. One seat remains vacant so Staff will publish for the opening. Member Ward Term Term Ending Curtis Hudak 2 2nd May 1, 2027 Heidi Hutter 1 2nd May 1, 2027 ACTION REQUESTED If Council agrees with the recommendations, they should pass a motion to approve the appointments to the Downtown Parking Commission, Heritage Preservation Commission, Human Rights Commission, Parks & Recreation Commission, Planning Commission, and the Utilities Commission. �l Water THE BIRTHPLACE OF MINNESOTA DATE: May 7, 2024 TO: Honorable Mayor and City Councilmembers FROM: Chad Rogness, Parks Superintendent SUBJECT: 2024 Bridge the Valley Bike Rally Event Contract BACKGROUND The Stillwater Sunrise Rotary Club has completed an event application for the 4th Annual Bridge the Valley Bike Rally event. This bike rally is proposed to take place on Sunday, August 11th, 2024. There are four possible bike routes which range in distance and difficulty, and all of these potential bike routes are located on both sides of the St. Croix River. The event will be based in North Lowell Park and have a 10-mile, 25-mile, 45-mile and 60-mile race, hosting an estimated 700-1000 contestants. They have also requested the use of Parking Lots 4 and 5 for 2 days (8/10 & 8/11). The race starts at 7:00am and will conclude at 5:00pm, with setup at 5:00am and cleanup completed by 7:00pm. Fees for this event will be charged according to the 2024 Fee Schedule and will be due 3 weeks prior to the event. The event organizer must provide all insurance, coordinate with city staff, pay for any city services and materials. STAFF RECOMMENDATIONS City staff recommends approving the 2024 Bridge the Valley Bike Rally. ACTION REQUIRED If Council wishes to approve the event, they should pass a motion approving the 2024 Bridge the Valley Bike Rally Event Contract with the Stillwater Sunrise Rotary Club. BRIDGE THE VALLEY BIKE RALLY 2024 EVENT AGREEMENT THIS AGREEMENT (the "Agreement") is made this 711 day of May, 2024 by and between the CITY OF STILLWATER, Washington County, Minnesota (the "City"), and the STILLWATER SUNRISE ROTARY CLUB, a Minnesota nonprofit corporation (the "Organizer"). WHEREAS, in light of the foregoing, the Organizer wishes that the City will permit The Stillwater Sunrise Rotary Club to organize and conduct a bike rally at Lowell Park and Trails, in August, 2024 in order to foster and promote tourism within the City of Stillwater and encourage commerce within the City that will ultimately increase property values and the quality of life within the City, thereby promoting the welfare of the City; NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements contained herein, the City and the Bike Rally agree as follows: 1. Security Deposit: A damage deposit of $1000.00 is required in case there is damage to irrigation systems and the City's park. 2. Event/Alcohol. Alcohol will be served during this event within the designated event area. 3. Signs. The Organizer will post signs, the number and content of which must be approved by the City Police Chief, describing the regulations prohibiting liquor as well as the prohibition against participants bringing their own liquor into the event area. 4. Noise Control. The Event is responsible to control the noise emanating from the Area at a level that will not interfere with the peace and repose of the residential area on the bluffs on the north, west and south edges of the downtown. Dates and Hours of Event. Operations are limited as follows: August 11, 2024 Set up: 5 a.m. to 10 a.m. August 11, 2024 Event: 7 a.m. to 5 p.m. August 11, 2024 Cleanup: 5 p.m. to 7 p.m. 6. Police Power. The City reserves the right to order a shutdown of the Area in the event the Chief of Police determines, in his sole discretion, that the public safety is threatened or any condition of this Agreement is violated. If requested by the Chief of Police, the Organizer will assist the police in the clearing of the Area. 7. Use of Parking Lots. The Organizer agrees to pay the City for the use of a parking lots 5, 4 for August 10 & 11th, 2024, according to the current Fee Schedule as designated by the City Council, if needed. Use of City Parking Lots in the event of flooding. The City prefers the association to stage the majority of the event in Lowell Park rather than in public parking lots. If Lowell Park is not flooded and is not recovering from flood waters, then it should be the primary event venue. The use of public parking lots 5 and 4 are approved to accommodate all event activities. 8. Trail. The bicycle and pedestrian trail from Laurel Street to Nelson Street must remain open and unobstructed (no vehicles, trailers etc.) for the public during the Event. The Organizer shall pay for any restoration of the trail caused by the Event, as determined by the City. 9. Park Property. Lessee shall ensure that no vehicles drive on the City's park property. In the event that damages occur to the City's property, the Organizer shall pay for any restoration of the park as determined by the City. 10. Irrigation System in Park Property. Lowell Park is maintained by a buried irrigation system. This system can be damaged by stakes or posts that are driven into the ground. For that reason, stakes or posts longer than 12 inches and more than a quarter inch in diameter may not be used in the park. Further, as insurance against damage, a deposit must be made and any damage to the system will be deducted from the deposit. The balance of the deposit will be returned with 30 days of the conclusion of the event. Organizer shall request the City to locate the irrigation system prior to event. 11. City Services. The type and amount of materials needed for the Event will be determined by the Public Works Superintendent. The Organizer may contact the City to arrange rental of materials and will be charged for use according to the City of Stillwater Event permit fee schedule. a. City Public Restrooms. City Public Restrooms on the Pedestrian Walkway will remain open during the Event and the City will supply and equip the restrooms. The City reserves the right to require Organizer to maintain, stock, clean and supervise restrooms should the Event require additional facilities as determined by the Stillwater Public Works Superintendent. b. Trash Enclosures. The Organizer shall furnish dumpsters or roll -off boxes and trash receptacles in sufficient quantity to contain the accumulation of trash generated by the Event. The Organizer shall make certain that all trash is picked up during and after Event daily. The Organizer shall remove any excessive garbage that does not fit within the receptacles and dispose in trash dumpsters. The City reserves the right to require additional receptacles should the Organizer not remove excess garbage from the Event. c. Electricity and Water. Each electrical box needed for the Event will be opened by the City prior to each event. Organizer agrees to meet with the City and/or the State electrical inspector a minimum of 1 week prior to event to ensure all vendors using electrical service comply with the Minnesota Electrical Code. Inspection costs (if any) shall be the Event Organizer responsibility. d. The City shall provide Organizer a key for the water shut off valve if needed. The Organizer shall provide a $50 deposit and be reimbursed upon return of said key. e. Cleanup/Removal. Organizer shall remove all barricades, and portable toilets on the day following the event. Organizer shall remove trash, additional trash enclosures no later than Noon, on the day following Event. If the above items are not removed as stated above, the Organizer will reimburse the City for costs incurred in removing the items. Vendors. No camping. The Organizer agrees to inform any vendors that there is no camping permitted in Lowell Park or any City parking lots. a. The Organizer agrees that any vendor using cooking facilities will be inspected for safety by the Stillwater Fire Department and Washington County Health Department. Inspection costs (if any) shall be paid for by the Event Organizer directly to the agency/person doing the inspection. b. The Organizer agrees to ensure that all vendors waste water be discharged into a holding tank approved by Washington County Health Department. Vendors without an approved holding tank shall discharge into grey water barrels provided by the Organizer. Disposal costs are the responsibility of the Organizer. For no reason shall grey water barrels or holding tanks be disposed into the City's Sanitary or Storm Systems. The Organizer agrees to provide hand washing stations as needed to facilitate the expected crowds and vendors as deemed necessary to protect public health. 12. Insurance. The Organizer must provide to the City satisfactory proof that it has obtained liability insurance coverage of at least the statutory limits for municipalities covering claims that might be brought against the Event that arise out of the Event's authorized by this Agreement and to name the City as an additional insured on their policy as their interest may appear. 13. Hold Harmless and Indemnify. The Organizer agrees to hold the City harmless and to indemnify and defend the City with regard to any claims, causes of action, or demands that might be brought against the City arising out of the activities in the area. 14. The Application for the Event as submitted by the Organizer is considered part of this Contract and any representations of the Organizer or conditions imposed by the City are restated as if fully set forth in this Agreement. 15. The Organizer hereby agrees to follow the City's Special Event Policy. [remainder of page intentionally blank] IN WITNESS WHEREOF, the undersigned have executed this Agreement with the intent to be legally bound by its terms as of the date this Agreement is fully executed by both parties. CITY OF STILLWATER Ted Kozlowski, Its Mayor Attest: Beth Wolf, City Clerk STILLWATER SUNRISE ROTARY CLUB Preside t/Chair Name Printed: Lonny Stormo Bridge the Valley - Brown's Creek State Trail Route Information Route Ambassador BTV-2 10-MILE ROUTE = Deputy + Squad Car Explore Plan UPload Routes Rides Ritle Reports Help s BTV-3 25-MILE ROUTE 125[M1 Avenue tloi Chinme File Edit View History Bookmarks Profiles Tab Window Help zoom e o _.. _ Uploatl rn I- Ritle Reports Help Exit Rulis—n / Heatmap- 0Settin,- RWGPSCycle Mahtomedi \ ® County Roa `� Stillwater `� Wlllemle l I 6 � re H�9M1way 35 Pine springs ® 36 36 i t; ` Oak Park Heights L l Raypnrt • / '� e �` .--_ � � ♦ ' \IC`/ Saint Croix Rive 40tM1 Street North 8e m1es-+880ft/-881ft BTV-4 45-MILE ROUTE (Not on Brown's Creek Trail) Chrome File Edit Tiew Alstory Bookmarks Profiles Tab Wini Help zoom c © o Explore Plan Upload Routes Rides Ride Reports Help ;: Exit Fullscreen Grant A RWGpscycle ' `L3-1- Me- Pal�4 Ilon BLllaue Mahtomedi c- 1 A A A Birehwpptl Village ., I Stillwater not $aint�oseph Willernie 1 41 i _ R� �40 d o' ry i Plne SPrin W,Inw k ver \"9� Si�•y�l Sta tc Pu rk Bullfhardt . 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RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a Temporary On -Sale Liquor License to the Church of St. Mary for September 6t" and 8t", 2024, contingent upon AGED approval. i water THE BIRTHPLACE OF MINNESOTA DATE: May 2, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Temporary Liquor License for Church of St. Michael BACKGROUND The Church of St. Michael applied for a Temporary On -Sale Liquor License to be used during their Emerald Festival event which is held solely on private property on July 28, 2024. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a Temporary On -Sale Liquor License to the Church of St. Michael for July 28, 2024, contingent upon AGED approval. i N 1. ` W fit �h • _ r r � .. y `A% V 3rd Street Si 5 i water THE BIRTHPLACE OF MINNESOTA DATE: May 7, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Community Project Funding Request for Water Treatment BACKGROUND City staff submitted a request to Congresswoman McCollum for federal funding assistance associated with construction of a water treatment plant to mitigate the impacts of PFAS in our water supply. The request was for fiscal year 2025 in the amount of $7,040,000 and requires commitment of $1,760,000 in matching local funds. RECOMMENDATION Staff recommends that Council approve the funding request application. ACTION REQUESTED If Council concurs with staff recommendation, Council should pass a motion adopting RESOLUTION 2024- , SUPPORT OF COMMUNITY PROJECT FUNDING ENVIRONMENTAL PROTECTION AGENCY STATE AND TRIBAL ASSISTANCE GRANT REQUEST TO SUPPORT WATER TREATMENT PLANT CONSTRUCTION City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX A RESOLUTION IN SUPPORT OF COMMUNITY PROJECT FUNDING ENVIRONMENTAL PROTECTION AGENCY STATE AND TRIBAL ASSISTANCE GRANT REQUEST TO SUPPORT WATER TREATMENT PLANT CONSTRUCTION WHEREAS, the City Council of the City of Stillwater, Minnesota ("City") dutifully provides water services to a population of approximately 20,000 and hundreds of thousands of visitors annually; and WHEREAS, water quality sampling efforts by the Minnesota Department of Health (MDH), the presence of several per- and polyfluoroalkyl substances ("PFAS") were observed in groundwater wells which contribute to the City's water; and WHEREAS, the City has conducted further analysis that supports the need to construct treatment facilities at well locations to mitigate PFAS contamination; and WHEREAS, the City is taking aggressive actions to reduce risk to the public from PFAS exposure well in advance of the Environment Protection Agency's recently adopted 2029 compliance deadlines; and WHEREAS, the City seeks Fiscal Year 2025 federal funding in the amount of $7,040,000 for construction of a treatment facility and commits to matching funds in the amount of $1,760,000. NOW THEREFORE BE IT RESOLVED by City Council of the City of Stillwater, Minnesota, hereby supports the request for federal grant dollars in the amount of $7,040,000 for the construction of the water treatment plant. Adopted by the Stillwater City Council this 7th day of May, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk FY2025 INTERIOR, ENVIRONMENT, AND RELATED AGENCIES Community Project Funding MN-04 Request Form The Subcommittee on Interior, Environment, and Related Agencies will accept Community Project Funding requests for the following accounts. Please choose one of the following accounts for your project request: ❑ Environmental Protection Agency —Clean Water State Revolving Fund ❑X Environmental Protection Agency —Drinking Water State Revolving Fund Contact name: Shawn Sanders, Public Works Director/City Engineer Contact email address: ssanders@stillwatermn.gov Contact phone number: 651.275.4100 Organization name: City of Stillwater Organization address: 216 4t" Street N., Stillwater, MN 55082 Organization type: ❑x State, local, or tribal ❑ Public institution of ❑ Non-profit government higher education *Note: For -profit entities are NOT eligible to receive community project funding Brief description of the project: The City of Stillwater provides water services to approximately 20,600 people (approximately 6,800 connections) throughout Stillwater, Minnesota. The City has eight separate wells that feed the distribution system, which average 2.05 million gallons per day MGD, peaking during the summer months to up to 4.99 MGD. The water is treated with chlorine and fluoride only before entering the distribution system. In water quality sampling efforts by the Minnesota Department of Health (MDH), the presence of several per- and polyfluoroalkyl substances (PFAS) were observed in groundwater wells which contribute to the City's water supply. Of the eight wells, three of the wells had concentrations of PFAS greater than final maximum contaminant level (MCQ established by the United States Environmental Protection Agency (EPA). The City is faced with the need to construct treatment facilities at three well locations to mitigate PFAS contamination and meet EPA standards. The City seeks funding in the amount of $7,040,000 for construction of a treatment facility at Stillwater Well #9. The City commits to matching funds in the amount of $1,760,000 for this treatment facility. Brief description of who benefits from this project: Customers of the City of Stillwater including homeowners and renters, commercial businesses, industries, and visitors to the community. Brief description of the community support for the project: This project is supported by the Stillwater City Council and Representative Betty McCollum. Amount of funding requested for project: The estimated construction cost for a treatment plant at Stillwater Well #9 is $8,800,000. The City's share of the estimated construction cost is $1,760,000. The requested amount from Community Project Funding for the EPA State Revolving Funds Accounts is $7,040,000. 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: May 7,2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Installation of A/C unit IT Closet— Police Department DISCUSSION Staff is looking to install an A/C unit to keep the existing IT closet in the Police Department temperatures cool as needed with IT equipment. Currently there is no cooling in the space as needed. A quote was provided in the amount of $8,600.00 to install a 1-ton unit to provide the necessary cooling for the space. Funding will be paid out of the Capital Outlay budget. RECOMMENDATION Staff recommends entering into an agreement with MK Mechanical, for the Police Department A/C installation project. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH MK MECHANICAL FOR THE INSTALLATION OF AN A/C SYSTEM PROJECT. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 7th day of May, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and MK Mechanical Inc., 23996 Olinda Trail North, Scandia, MN 55073 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; PD IT Room — Cooling Unit Installation NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 05/l/2024, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. TERM. The term of this Agreement expires 5/7/25. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through 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. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor 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. 7. DELAY IN PERFORMANCE. Neither City nor Contractor 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 Contractor 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. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY' S REPRESENTATIVE. The City has designated Mick Greiner to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Mike Kastner to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater MK Mechanical Inc. 216 4th Street North 23996 Olinda Trail N. Stillwater, MN 55082 Scandia, MN 55073 Attention: Mick Greiner Attention: Mike Kastner Or e-mailed: mgreiner@stillwatermn.gov Or emailed: mike(a mkmech.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor 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. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. 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 District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk 4 CONTRACTOR MK Mechanical Inc. By: By (Please Print): Title (Please Print): Project Description: PD IT Room — Cooling Unit Installation lVel I 1 **' Mechanical Inc. 23996 Olinda Trail North, Scandia, MN 55073 Phone: 651-248-5195 Date: Wednesday, May 01, 2024 To: City of Stillwater 216 North Fourth Street Stillwater MN 55082 Phone 651-430-8831 Fax Attn: Mick Greiner Cell 651-413-5985 mgreiner@ci.stillwater.mn.us Re: City hall Phone IT room cooling WE PROPOSE to furnish materials and labor to install a 1 ton Movincool unit in ceiling to cool IT room. Per the scope of work. Note. They only have one of these left in stock. Scope of Work: 1. Supply and install 1 ton Movincool unit.. 2. Mount unit in ceiling outside of IT room and duct air in and out. 3. Condenser air to dump above ceiling. 4. Run condensate line somewhere will look for best option. 5. Excludes electrical unit need 120v. BID AMOUNT FOR THE SCOPE OF WORK: As always, we will work with you and provide the best service and pricing available. $8,600.00 Customer agrees to pay MK Mechanical all amounts due for any services or materials provided upon receipt of any invoices from MK Mechanical. Customer agrees to a service charge of 1.5% on all balances thirty (30) days or more past due. Customer also specifically agrees to pay MK Mechanical for all collection costs, including employee and employer time and expense, and all attorney fees and legal cost incurred in either collection of or protection of MK Mechanical's interest in customers past due accounts or performance of the work provided. In the event the customer terminates or breaches this agreement/contract customer still agrees to pay MK Mechanical in full on a time and material basis for all services or materials provided to the customer including but not limited to the time MK Mechanical has expanded in preparing any invoices and estimates, and an additional consulting and adjusting fee equal to 20% of the total services and materials MK Mechanical provided to the customer for the work up to and including the date of such termination or breach, which fee represents the industry standard for reasonable profits and overhead generally paid and is not a penalty. Any change or modification to this agreement and these terms must be in writing and change orders signed by both parties. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. MK Mechanical will not be held liable for agreements contingent upon strikes, accidents or delays beyond our control. Building owner shall carry fire, property and other necessary insurance. Our workers are covered by workmen's compensation insurance. MK Mechanical will not be responsible for, nor will bid on this project, any work or cost of asbestos abatement. Building owner shall provide safe work area with free access to carry out above work. Upgrading of existing systems to meet the most current codes is limited to scope of work detailed above. All work to be performed during normal workday on straight time unless otherwise noted. Materials are to be paid for upon delivery to the job site. MK Mechanical excludes extended or additional parts or labor warranty coverage beyond the manufacturer's warranty or guarantee. This agreement and quote is "Prelien Notification' and "Lien Claimants Notice" as required by Minnesota Law. Authorized Signature MK Mechanical Accepted By Title Mike Kastner Date Page 1 water. THE BIRTHPLACE OF MINNESOTA DATE: May 2, 2024 TO: Honorable Mayor and City Council FROM: Beth Wolf, City Clerk SUBJECT: Amendment to Liquor License for Premise Extension Domacin LLC dba Domacin Wine Bar at 102 2nd St S BACKGROUND Domacin LLC dba Domacin Wine Bar at 102 2nd St S has expanded their premise. They are requesting to amend thier On -sale with Sunday sales intoxicating liquor license to include the new space. RECOMMENDATION Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving a resolution approving amendment to liquor license for expansion of premise for Domacin LLC dba Domacin Wine Bar at 102 2nd St S. City of Stillwater Washington County, Minnesota RESOLUTION 2024- RESOLUTION APPROVING THE AMENDMENT TO LIQUOR LICENSE FOR EXTENSION OF PREMISE FOR DOMACIN LLC DBA DOMACIN WINE BAR AT 102 2ND ST S WHEREAS, a request from Domacin LLC dba Domacin Wine Bar has been received to amend their On -sale with Sunday sales liquor license for the expansion of their premise located at 102 2nd St S; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and continuous"; and BE IT RESOLVED, that the Stillwater City Council hereby approves the amended licensed premises located at 102 2nd St S, conditioned upon the following: 1. Approvals Washington County Public Health and Environment Department, Police, Building, Fire, Finance, and Community Development Departments as well as the Minnesota Alcohol & Gambling Enforcement Division. Adopted by the Stillwater City Council this 7th day of May 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 water T H E B I R T H P LACE O P M I N N E S O T A DATE: May 7th, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Maryknoll Lift Station Improvement Bid Award BACKGROUND The Maryknoll Lift Station Improvement would replace the lift station from adry well configuration to a new submersible pump lift station. A submersible pump lift station is generally safer and has less maintenance. After rebidding the project two bids were submitted for the improvement on April 25t". The Low Bid price is $402,000 from Minger Construction Inc. This bid is $56,000 less than the original bid rejected due to inconsistency in the consultant's bidding documents. The project would be funded through the Sanitary Sewer Capital Outlay fund. RECOMMENDATION Staff recommends the City Council accept the bids and award the contract for the Maryknoll Lift Station Improvement to Minger Construction. Co. ACTION REQUESTED If Council concurs with recommendation, Council should pass a motion authorizing the Mayor and Clerk to enter into contract, upon City Attorney review and adopt Resolution 2024 ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE MARYKNOLL LIFTSTATION IMPROVEMENT TO MINGER CONSTRUCTION CO City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx ACCEPTING BID AND AWARDING CONTRACT FOR MARYKNOLL LIFT STATION IMPROVEMENT PROJECT (2023-12) WHEREAS, pursuant to an advertisement for bids for the Maryknoll Lift Station Improvement Project, two bids were received by the City Engineer, opened and tabulated according to law, and the following bids were received complying with the advertisement; 90 : Minger Construction, Jordan, MN $402,000.00 Pember Companies, Menomonie, WI $466,965.00 and WHEREAS, it appears that Minger Construction, Jordan, MN is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Of Stillwater, Minnesota, the Mayor and Clerk are hereby authorized and directed to enter into a contract with Minger Construction, Jordan, Minnesota in the name of the City of Stillwater for the improvement of Maryknoll Lift Station according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. Adopted by the City Council this 7th day of May 2024. CITY OF STILLWATER Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk water. THE BIRTHPLACE OF MINNESOTA Date: May 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Issuance of New Off -sale License for Top Ten Liquors DISCUSSION An application for a new off -sale liquor license has been received from Yayin Gadol LLC dba Top Ten Liquors located at 1920 Market Drive (in the former Cellars Wine & Spirits location). RECOMMENDATION Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Planning and Finance Departments, and Minnesota Alcohol Gambling Enforcement Division (AGED). ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion approving the issuance of a new off -sale liquor license to Yayin Gadol LLC dba Top Ten Liquors, contingent upon inspection and approval. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx APPROVING ISSUANCE OF NEW OFF -SALE LIQUOR LICENSE TO YAYIN GADOL LLC DBA TOP TEN LIQUORS WHEREAS, an application has been received for the issuance of an Off -Sale Liquor License from Yayin Gadol LLC dba Top Ten Liquors, located at 1920 Market Drive; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of a new Off -Sale Liquor License to Yayin Gadol LLC dba Top Ten Liquors conditioned upon approval from Police, Fire, Building, Planning and Finance Departments, and Minnesota Alcohol Gambling Enforcement Division (AGED). Adopted by the Stillwater City Council this 7th day of May, 2024. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: May 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Issuance of a new On -Sale Liquor License with Sunday Sales for AMGAR Hunn Inc. dba Key Cafe Bar & Bakery BACKGROUND AMGAR Hunn Inc. dba Key Cafe Bar & Bakery has submitted an application for an on - sale with sunday sales intoxicating liquor license. Key Cafe moved into the vacant location at 1400 W. Frontage Rd (formerly Norman Quacks). The license will be effective after satisfactorly completing all license requirements. RECOMMENDATION Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Planning and Finance Departments, as well as Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the issuance of a new On -Sale Liquor License with Sunday Sales for AMGAR Hunn Inc. dba Key Cafe Bar & Bakery at 1400 W. Frontage Rd, contingent upon the satisfactory investigation, inspections, and approvals. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx APPROVING ISSUANCE OF NEW ON -SALE LIQUOR LICENSE WITH SUNDAY SALES TO AMGAR HUNN INC. DBA KEY CAFE BAR & BAKERY WHEREAS, an application has been received for the issuance of an On -Sale Liquor License with Sunday Sales to AMGAR Hunn Inc. dba Key Cafe Bar & Bakery, located at 1400 W. Frontage Rd; and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of a new On -Sale Liquor License with Sunday Sales to AMGAR Hunn Inc. dba Key Cafe Bar & Bakery conditioned upon approval from Police, Fire, Building, Planning and Finance Departments, as well as Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). Adopted by the Stillwater City Council this 7th day of May, 2024. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: May 7,2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Hotsv Pressure Washer Replacement and Installation — Public Works DISCUSSION Staff is looking to replace the existing "Hotsy" hot water pressure washer at the Public Works facility, the current unit has reached its life cycle end and is showing signs of deterioration. A quote was received for the amount of $21,783.50 for removal of the existing unit and installation of the new unit. Funding will be paid out of the Streets Capital Outlay budget. RECOMMENDATION Staff recommends entering into an agreement with Hotsy Minnesota, for the Public Works Hotsy Pressure Washer Replacement and Install. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH HOTSY MINNESOTA FOR THE REPLACEMENT OF THE HOTSY HOTWATER PRESSURE WASHER. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 7th day of May, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Hotsy Minnesota, 2951 100th Court NE, #100, Blaine, MN 55449 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Public Works Pressure Washer NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 02/05/2024, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. TERM. The term of this Agreement expires 5/7/25. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through 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. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor 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. 7. DELAY IN PERFORMANCE. Neither City nor Contractor 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 Contractor 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. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY' S REPRESENTATIVE. The City has designated Mick Greiner to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Garrett Jensen to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater Hotsy Minnesota 216 4th Street North 2951 100th Court NE. # 100 Stillwater, MN 55082 Blaine, MN 55449 Attention: Mick Greiner Attention: Garrett Jenson Or e-mailed: mgreiner@stillwatermn.gov Or emailed: garrett@hotsymn.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor 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. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. 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 District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. £ Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: LON Ted Kozlowski, Mayor Beth Wolf, City Clerk 4 CONTRACTOR Hotsy Minnesota By: By (Please Print): L\) Or) Title (Please Print):U' A- Project Description: Public Works Pressure Washer HOTSY MINNESOTA 2951 100th Court NE, #100 Blaine, MN 55449 Rep.: EAST METRO (763) 786-5525 CITY OF STILLWATER 216 NORTH 4TH STREET STILLWATER, MN 55082-4807 TA Equipment Quote wII,., .,M VV Customer # ST70013 Quote # 6371 Quote Date.; 02/05/2024 Quoted pricing is valid for 30 days Quantity Item Number Item Description Unit Cost Line Total 1 11096540 HOTSY MODEL 5732SS-208 19840.00 19840.00 8.0@3000 208/3 NG ETL CERTIFIED TO UL1776 1 80.3020 KIT, DAMPER & DIVERTER 12" 780.00 780.00 1 70.1365 VENT ADPT 10-12 IN 31.45 31.45 1 70.2690 JUMP GARDEN HOSE 3/4 X 10 FT 50.82 50.82 MFG # A-2193-7500-01 0-MGHTXFGHT 1 70.2270 GAS REGULATOR 1.25 1800/5700 428.22 428.22 1 80.2040 INJECTOR ASSBLY 3-5 GPM TC 128.00 128.00 1 89182840 HOSE JUMPER 3/8 X 8 FT 6000 55.32 55.32 1 89250720 WIRELESS KIT 1127.65 1127.65 2 REMOTES, 1 RECEIVER 2 89248780 WIRELESS REMOTE BRACKET 78.02 156.04 1.000 DLRS STATIONARY UNIT PREP & TEST 125.00 125.00 UNCRATE, ASSEMBLE, SETUP, WIRE, PROGRAM, AND TEST 8.000 LBR - INSTALL HOURLY LABOR RATE 149.00 1192.00 Remove old Hotsy Install New Hotsy 1.000 SER1 METRO SERVICE CHARGE 128.00 128.00 Quote subtotal 24042.50 Discount-2259.00 Quote total 21783.50 Serving Minnesota Since 1976 water. THE BIRTHPLACE OF MINNESOTA DATE: May 2, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Retail Sale of Fireworks Permit for Target BACKGROUND Target located at 2021 Market Drive has submitted the required application, insurance and fee for a 2024 Retail Sale of Fireworks permit. RECOMMENDATION Staff recommends approval contingent upon the satisfactory completion of application submittal requirements and inspection. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving Target a license to sell fireworks products contingent upon the satisfactory completion of application submittal requirements and inspection. �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: May 7, 2024 TO: Honorable Mayor and City Councilmembers FROM: Angela Ross, Community Development Admin. Assistant SUBJECT: Consent Agenda Item: Short -Term Home Rental License Applications BACKGROUND According to Section 6-11, Short -Term Home Rental license applications must be approved by the City of Stillwater City Council. The Community Development Department has received and processed the following license applications and have deemed them complete for approval by the City Council. The last STHR license approved by the City Council noted it was the 39t" license to be approved outside of the Central Business District. The number of licenses below is the corrected and accurate number of licenses available as of the date of this Memo. RECOMMENDATION Approval of the following Short -Term Home Rental License Applications: License Type Address Owner/Applica nt Occupancy Type License Location Number of Licenses Short-term Owner Outside of home rental 110 Mulberry St E Tamara Hillstrom Occupied Downtown 40 of 50 Area Short-term Owner Outside of home rental 419 Harriet St S Jeffrey Flicker Occupied Downtown 41 of 50 Area ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license applications. 1 1 Water THE BIRTHPLACE OF MINNES 0 TA DATE: May 7, 2024 TO: Honorable Mayor and City Councilmembers FROM: Cody DeNucci, Assistant Public Works Superintendent SUBJECT: Special Service District Sidewalk Pressure Washi BACKGROUND The Special Service District Committee has asked staff to receive quotes for the pressure washing of our downtown sidewalks. Throughout the year the sidewalks become very dirty from the high volume of use from the public. Pressure washing the sidewalks with a flat surface scrubber and pressure washers will make the sidewalks clean and more appealing to the public. Staff has reached out for 5 quotes, receiving 2 quotes, with RTD Services being the lowest quote at $1,998.00 per time. Funding will be paid out of Special Service District Fund. RECOMMENDATION It is recommended that Council approve the contract with RTD Services to perform the washing of the Special Service District Sidewalks. ACTION REQUIRED If council agrees with the recommendation, they should pass a motion APPROVING THE CONTRACT WITH RTD SERVICES TO PERFORM THE WASHING OF THE SPECIAL SERVICE DISTRICT SIDEWALKS. l (water The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 7th day of May, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and RTD Services, 365 Webster St., St. Paul, MN 55102 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: Pressure Washing Special Service District Sidewalks WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 4/9/24, incorporated herein as Exhibit A; b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. This Agreement expires on 5/7/2025. This Agreement may be extended only upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant 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. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant 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 Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant 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 Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Cody DeNucci, to act as the City's representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Maddy Grahek, to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4tn Street North Stillwater, MN 55082 Attention: Cody DeNucci Or e-mailed: cdenucci@stillwatermn.gov If to Consultant: RTD Services 365 Webster St. St. Paul, MN 55102 Attention: Maddy Grahek Or e-mailed: maddy.grahek(a-)_gmail.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant 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. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER M M Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: N RTD Services By: Its: Date: Project Description: Pressure Washing Special Service District Sidewalks 46 41- WA as►F RMSERVICES RTD Services 365 Webster St St. Paul, MN 55102 Phone: (651) 699-3504 Email: info@rtdservices.com Contact Name: Cody DeNucci Date: 4/9/2024 Business: City of Stillwater Street Address: City, State, ZIP: Phone Number: 651-275-4101 Email Address: cdenucci@ci.stillwater.mn.us Job Location: City of Stillwater Street Address: Downtown City Sidewalks City, State, ZIP: Stillwater, MN 55082 The RTD Services power washing process: We use high -volume 15 GPM power washers, hot water, rotary surface cleaners and bio-friendly detergents and cleaners. We have been certified in washing buildings and flatwork by the Power Washers of North America. RTD Services will provide the following service(s) for the price(s) listed below: Description of Work Price Concrete & Flatwork Cleaning $1,998.00 City sidewalks located within the Special Service District (see map) per time 'Sales tax rates are determined at the time of service and may change Accounts 60 days or more past due will incur an 8% annual finance fee. You also will be responsible for any collection/chargeback or NSF costs we incur. If this contract is canceled after the cleaning has been scheduled, you will be charged for any non -returnable materials or rentals. RTD Power Washing is not responsible for customer's electrical, ventilation, or any other mechanical systems. RTD Power Washing will maintain liability insurance of $2,000,000.00, and each of its employees will be covered under workers' compensation insurance. RTD Power Washing has the right to cancel this contract at any time. If our technicians cannot begin at the scheduled time because the job site is unavailable, you will be billed for the delay at $50 per hour, per technician. If an "Additional Insured" on a Certificate of Insurance is required, $40 will be added per address. RTD Power Washing will rinse the windows in the areas we are cleaning; however, you may need to have them professionally cleaned after we have finished. Proposal accepted by: Subtotal: $1,998.00 8.375%'Sales Tax: F $167.33 Total Price of Project:F $2,165.33 Signature Date i water THE BIRTHPLACE OF MINNESOTA DATE: May 2, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Temporary Liquor License for Stillwater Sunrise Rotary Club BACKGROUND The Stillwater Sunrise Rotary Club applied for a Temporary On -Sale Liquor License to be used during their Bridge the Valley — Bike Rally event held in Lowell Park on August 11, 2024. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve a Temporary On -Sale Liquor License to Stillwater Sunrise Rotary Club for August 11, 2024, contingent upon AGED approval. £ i maw 1 Beer Consumption Area ST. CROIX RIVER Set up by 6:30am i .'V i water THE BIRTHPLACE OF MINNESOTA DATE: May 7, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Therapeutic Massage Business License and Individual Massage Therapist License BACKGROUND Renewal applications for Massage Therapy License have been received from the businesses and individuals listed on the attached resolution. The license term runs from April 1 to March 31 every year. Final application materials have been collected for all the renewal applications and background checks have been conducted. In addition, two new applicants, Amelia Dunavan and Dakota Schwantes, new employees for Just for Me Spa submitted applications for an Individual Massage Therapist License. Background checks have been conducted and are ready for approval. RECOMMENDATION Staff recommends approval of the businesses and individual massage therapists listed in the attached resolution. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to adopt RESOLUTION 2024- APPROVING ISSUANCE OF 2024 RENEWALS FOR THERAPEUTIC MASSAGE BUSINESS LICENSE AND INDIVIDUAL MASSAGE THERAPIST LICENSE. City of Stillwater Washington County, Minnesota RESOLUTION 2024- APPROVING ISSUANCE OF THERAPEUTIC MASSAGE BUSINESS LICENSE AND INDIVIDUAL MASSAGE THERAPIST LICENSE FOR 2024 WHEREAS, a request from the following business and message therapist has been received for the issuance of a Therapeutic Massage Business License and Individual Massage Therapist License; and WHEREAS, all required documentation has been received and background checks have been completed. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves issuance of Therapeutic Massage Business License and Individual Massage Therapist License to the businesses and individuals listed below with their respective licenses. Business Location Massage Therapist s Just for Me Spa 110 S. Greeley St Heidi Rosebud Julie Neihart Grace Kenney Margaret Orton Kailee Berg Shelbi Herzog Alice Garcia Faith Saige Katilyn Lamb Michelle Hughes Deidre Pihonsky Conor Bengry Michelle Case Kristen Meuwissen Lisa Rambo Olivia Rossi Abby Spott Alissa Wilharber Michele Fahey Amelia Dunavan Qin Chinese Acupressure 1940 Greeley St S Guiyun Qin Therapeutic Massage LLC Extraordinary Journeys' 219 N. Main St Heidi Knudson Center LLC The Healing Journey 6750 Stillwater Blvd Lilly Nyquist Massage & Wellness Oasis LLC The Healing Hand LLC 116 Chestnut St E Brooke Gavin Birch Tree Bodywork LLC 116 Chestnut St E Emily Murray Trulief, Inc. 402 Main St N Joshua McClung MBody Massage LLC 226 Myrtle St E Rita Kiter Mend Therapy Services LLC 402 Main St N Kevin McCarthy Stillwater Therapeutic Massage LLC 305 Greeley St S Devon Campbell Stillwater Calm Care 275 3rd St S Susan Waldenstrom Fuss Over Me 227 Chestnut ST E Jenny Chesnut Island Time Spa 1940 S. Greeley St Lisa Green Adopted by the Stillwater City Council this 7th day of May, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk i water THE BIRTHPLACE OF MINNESOTA DATE: May 2, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Tricia and The Toonies Performance Contract BACKGROUND Each year staff applies for and receives a grant from Washington County to develop and implement recycling activities and education within the city. One of the activities again this summer is to promote recycling and environmental stewardship through a childrens program at Teddy Bear Park. Attached is a performance agreement to have Tricia and The Toonies do six shows. The total cost of $5,400 will be funded by the Washington County Recycling grant. RECOMMENDATION Staff recommends approving the Performance Agreement with Tricia and The Toonies for 2024. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Tricia and The Toonies Performance Agreement for 2024. PERSONAL APPEARANCE AGREEMENT www.TheToonies.com This agreement is made April 30, 2024 between Tricia Haynes for Tricia & The Toonies (hereinafter referred to as "Artist") and Beth Wolf for City of Stillwater (herein referred to as "Purchaser"). It is hereby mutually agreed between the parties as follows: The purchaser engages the Artist as an independent contractor and the Artist agrees to perform the engagement hereinafter provided, upon all the terms and conditions herein set forth. 1. PLACE AND ADDRESS OF ENGAGEMENT 2. DATES AND HOURS OF ENGAGEMENT: 3. NUMBER OF ARTISTS IN GROUP: 4. TYPE OF PERFORMANCE(S): Teddy Bear Park Amphitheater 207 Nelson St East Stillwater, MN 55932 SIX (6) Tuesdays 10:00 - 10:50 AM on June 4 & 18, July 2 & 16, August 6 & 20, 2024 Two (2) SIX Toonies ENVIRO-FUN Show (50 minutes each) (recycling, environmental stewardship, nature) 5. CONTRACT PRICE: Price for this engagement shall be $5400.00 Total price ($900.00 per show). Please sign and return agreement with $2700.00 deposit. Balance of $2700.00 is due following last performance. Please make checks payable to The Toonies. LLC 6. ARTIST'S DUTIES: Artist agrees to provide professional entertainment services and to perform the engagement according to the terms and conditions as set forth in this agreement. 7. PURCHASER'S DUTIES: Purchaser agrees to use Artist as an independent contractor for professional services as entertainer. Purchaser agrees to the terms and conditions as set forth in this agreement. Purchaser warrants there will be no audio/video reproduction or transmission without the prior written consent of Artist. 8. ACTS BEYOND CONTROL OF PARTIES: This agreement is subject to proven detention by sickness, accidents, acts of God, or any other legitimate conditions beyond Purchaser's or Artist's control. In the case of cancellation under these legitimate conditions, Artist and Purchaser will reschedule for a mutually agreed upon date. 9. ARBITRATION: Any disputes which arise out of this agreement or performance of this agreement shall be resolved before a mutually agreed upon arbitrator. 10. ENTIRE AGREEMENT: This agreement shall constitute the entire agreement between the parties. Any prior understanding preceding the date of this agreement shall not be binding upon either party except if incorporated in this agreement. 11. RIDER: Artist will be paid in full rain, snow or shine. Sound system will be furnished by Artist. Purchaser grants Artist permission to display and sell TOONIES merchandise for public purchase following performance. Artist will arrive 90 minutes before scheduled showtime for set up. Please reserve a parking space closest to performance area for unloading and set up. Also inform Artist of ANY important and/or unusual circumstances such as road closures, barricades. etc. Artist appreciates all information that supports a smooth load -in, set up and performance. XX XX SIGNATURE OF PURCHASER Date SIGNATURE OF PURCHASER X SIGNAA& OF ARTIST Ted Kozlowski, Mayor Beth Wolf for City of Stillwater Date 216 Fourth Street North Stillwater, MN 55082 Day of Concert: Beth: 651-430-8802 bwolfkstillwatermn.gov April 30, 2024 Tricia Haynes for The Toonies Date PO Box 471 Hopkins, MN 55343 Phone/Text: (612) 327-3400 Please read carefully (see #11/rider) and RETURN SIGNED CONTRACT within 14 working days. Thank you for choosing TRICIA & THE TOONIES. www.TheToonies.com 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: May 7, 2024 TO: Honorable Mayor and City Councilmembers FROM: Reabar Abdullah, Assistant City Engineer SUBJECT: Washington Conservation District — Raingarden Maintenance Agreement DISCUSSION Attached is an agreement with the Washington Conservation District (WCD) to pay for the Maintenance of 68 raingardens within the City of Stillwater. Maintenance activities include; inlet cleanout, weed removal, and litter removal. RECOMMENDATION It is recommended that City Council authorize the approval of the agreement between the Washington Conservation District and the City of Stillwater for the Raingardens Maintenance Agreement. ACTION REQUESTED If council concurs with staff recommendation, Council should pass a motion APPROVING AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND CITY OF STILLWATER FOR RAINGARDEN MAINTENANCE Agreement Between the Washington Conservation District and the City of Stillwater PARTIES: This letter of agreement will set forth the work to be provided by the Washington Conservation District (WCD) to the City of Stillwater (City) to perform maintenance of Best Management Practices (BMPs). TERM OF CONTRACT: The effective date of the agreement is from April 1, 2024 to December 31, 2024. SCOPE OF SERVICES: Work to be performed by the WCD includes the following tasks: a. Perform a minimum of two maintenance visits for 68 raingardens. Maintenance activities include inlet cleanout, weed removal, and litter removal. COST AND PAYMENTS: Costs for services and materials for these activities shall not exceed $10,000.00. Services will be provided by the WCD Staff and Seasonal Maintenance Worker(s) at $68 to $42/hr. Invoices will be sent in the fourth quarter and will list specifically the work performed. Invoices are payable by the City of Stillwater within 60 days. Office supplies, normal office reproduction expenses, and transportation are included in the hourly rate. Other expenses are to be reimbursed at actual cost. RELATIONSHIP: This agreement in no way shall constitute, nor be construed in such a way to create an employment relationship between the City and the WCD. WCD staff shall not be entitled to any rights, privileges, or benefits of employees of the City. INDEMNIFICATION & INSURANCE: The WCD agrees it will defend, indemnify and hold harmless the City, its board members and employees against any and all liability, loss, costs, damages and expenses, including attorney's fees, which the WCD its board or employees may hereafter sustain, incur, or be required to pay arising out of the WCD performance or failure to adequately perform its obligations pursuant to this agreement. Likewise, the City agrees that it will defend, indemnify and hold harmless the WCD, its board members and employees against any and all liability, loss, costs, damages and expenses, including attorneys' fees, which the City its council members or employees may hereafter sustain, incur, or be required to pay arising out of the actions of the WCD. The parties acknowledge and agree that any exposure to liability of the WCD or the City, or the acts or omissions of their respective officers, agents board members and employees will not exceed the limits provided for in is governed by_Minn. Stat. section 466. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS: During the performance of this Agreement, the WCD 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. RECORDS: Under Minn Stat. section 16C.05, the WCD's books, records, documents and accounting procedures and practices relevant to this grant are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate for a minimum of six years from the end of this agreement. DATA PRIVACY: All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the WCD's performance of the Agreement is governed by the Minnesota Government Data 2024 WCD Technical Services Agreement 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 WCD agrees to abide by these statutes, rules and regulations and as they may be amended. TERMINATION: Either the WCD or City may terminate this Agreement with or without cause by giving the other party thirty (30) days written notice prior to the effective date of such termination. In Witness Whereof, the WCD and City have duly executed this Agreement as of the date and year Ted Kozlowski Mayor, City of Stillwater Beth Wolf City Clerk, City of Stillwater 4-17-24 Jay Riggs District Manager, Washington Conservation District Date 2024 WCD Technical Services Agreement i water THE BIRTHPLACE OF MINNESOTA DATE: May 1, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Washington County Municipal Recycling Grants BACKGROUND Each year staff applies for and receives a grant from Washington County to develop and implement recycling activities, education and projects within the city. The funding formula is based on household count and reycling program activities. It covers administrative expenses and specific projects related to achieving recycling goals. Each year the city uses this grant to promote recycling in our city newsletters, social media and on the city website. Other projects for 2024 will include children education programs at Teddy Bear Park, update our New Resident Guide book, and program promotions such as Household Hazardous Waste Collection Day in May and September, Mattress Recycling Program in October and upcoming food scraps pickup program. Last year a study was conducted on all of the city parks determining where trash and recycling containers were needed. Folllowing recommendation of the study, Parks staff requested to purchase 25 recycling containers. The cost of the recycling containers exceeded the Project grant amount therefore staff applied and received an Incentive grant to cover the remaining cost. Both agreements are attached for review. RECOMMENDATION Staff recommends approving the attached Washington County Recycling Grant Distribution Agreement and the Incentive Funding Agreement that will allow us to use the grant funds toward the projects and purchases mentioned above. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the Washington County 2024 Municipal Recycling Grant Distribution Agreement and Incentive Funding Agreement. WASHINGTON COUNTY CONTRACT # PUBLIC HEALTH & ENVIRONMENT 2024 TERM: Date of final signature - 12 31 24 GRANT AGREEMENT FOR MUNICIPAL RECYCLING GRANT DISTRIBUTION THIS AGREEMENT made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Stillwater, 216 North Fourth Street, Stillwater, MN 55082, hereinafter referred to as the "Grantee". WHEREAS, the County desires to encourage and provide opportunities for residential recycling to reduce the County's reliance on solid waste disposal facilities, and WHEREAS, the Washington County Board of Commissioners has budgeted funds to be used to further develop recycling projects in the County. NOW, THEREFORE, the parties hereto agree as follows: 1. Term: The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 2024. 2. The County's Obligations: The County will pay the Grantee an amount of up to $35,622.00 which is to be used for recycling program expenses in 2024. Payment will be within 60 days of execution of this Agreement. 3. The Grantee's Obligations: a. The Grantee agrees to follow their 2024 Municipal Recycling Grant Application and the guidelines therein (Exhibit A). b. The Grantee will use all recycling grant money received in 2024 as a result of this Agreement, for base funding activities, recycling projects, and public education related to recycling, as indicated in Exhibit A. If all recycling grant funds are not used within the grant period, the Grantee must return unexpended funds to the County unless the County approves utilizing the unspent funds for recycling projects the following year. c. The Grantee shall sign and return this Agreement to the County by July 1, 2024. Failure to do so will result in a reduction or loss of grant funds. d. The Grantee agrees to support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, if needed. e. The Grantee will prepare and submit annual work plan project reports to the County. The reports shall cover the time period from January 1 to December 31 and shall be submitted to the County by January 31st of the year following the reporting period. The annual reports are available on the County's Municipal Recycling Grant Application and Reporting software (Re-TRAC Connect). f. Pursuant to Minnesota Statutes Sections 115A.46 and 115A.471, all waste generated by city/township government activities (including city/town halls, public -1- works buildings, parks, and for city/townships that arrange for waste services on behalf of their residents) shall be delivered to the Ramsey/Washington Recycling and Energy Center in Newport for disposal. Failure to comply with this provision shall constitute a breach of this Grant Agreement. g. The parties agree that if the Grantee contracts or otherwise arranges for municipal solid waste hauling service on behalf of its residents and/or businesses and the Grantee issues bills for this service, the Grantee shall bill the County Environmental Charge (CEC) as a separate line item on the solid waste bill and shall make reasonable effort to collect the CEC. Exception to this provision is if the licensed hauler collected the CEC for the previous year. All County Environmental Charges collected shall be remitted to the County according to section 14.5 of Washington County Ordinance #178 or its replacement, Ordinance #194, effective July 1st, 2014. Failure of the Grantee to comply with this provision shall constitute a breach of this Grant Agreement and will result in loss of grant funds. 4. Indemnification and Insurance: a. The Grantee agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Contractor/Consultant in the performance of this agreement. The Grantee agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Commercial General Liability with Contractual liability coverage in the amount of $1,500,000 per occurrence with a $3,000,000 aggregate. An excess or umbrella liability policy may be used in conjunction with primary coverage limits to meet the minimum limit requirements. 2. Automobile coverage in the amount of $1,500,000 on a combined single limit basis and include hired and non -owned. 3. Worker's Compensation in statutory amount. (if applicable) Washington County shall be listed as additional insured as it relates to Commercial General Liability and Automobile Liability. Prior to the effective date of this Contract, the Contractor will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this Contract. This certificate of insurance shall be on file with the County throughout the term of the Contract. As a condition subsequent to this Contract, Contractor shall ensure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Contractor to maintain a current certificate of insurance with the County shall be a substantial breach of the Contract and payments on the Contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the Contract is provided to the County. -2- c. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days' notice thereof to the County. 5. Data Practices: All data collected, created, received, maintained, or disseminated for any purposes by the activities of Grantee because of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as Federal regulations on data privacy. 6. Condition Subsequent: It is understood and agreed that in the event that reimbursement to the County from state sources is not obtained and continued at a level sufficient to allow the Grant, the obligations of each party hereunder shall thereupon be reviewed to determine the necessity of renegotiating all or parts of this Agreement. 7. Records Availability and Retention: Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Grantee agrees to maintain these records for a period of six (6) years from the date of termination of this Agreement. 8. Independent Contractor: Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights or benefits, including Worker's Compensation, Unemployment Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, shall accrue to the Grantee or employees of the Grantee performing services under this Agreement. 9. Nondiscrimination: The Grantee agrees to comply with the nondiscrimination provision set forth in Minnesota Statute 181.59 and not discriminate on the basis of race, creed, color, or national origin. -3- The Grantee's failure to comply with this requirement may result in cancellation or termination of the Contract, and all money due or to become due under the Contract may be forfeited for a second or any subsequent violation of the terms or conditions of this Contract. 10. Firearms Prohibited: Unless specifically required by the terms of this Contract or the person it is subject to an exception provided by 18 USC§ 926B or 926C (LEOSA) no provider of services pursuant to this Contract or subcontractors shall carry or possess a firearm on County premises or while acting on behalf of Washington County pursuant to the terms of this Contract. Violation of this provision is grounds for immediate suspension or termination of this Contract. 11. Noncompliance by Grantee: If the County finds that there has been a failure to comply with the provisions of this Agreement, the County may terminate the Agreement at any time following seven (7) days written notice to the Grantee and upon failure of the Grantee to cure the default within the seven day period. The County will require the Grantee to repay the grant funds in full or in a portion determined by the County. Nothing herein shall be construed so as to limit the County's legal remedies to recover grant funds. 12. Termination: This Agreement may be canceled by either party upon thirty (30) days written notice. Notice to the Cities shall be mailed to the City Administrator or to the City Clerk if there is no Administrator. Notice to Townships shall be mailed to the Township Clerk. Notice shall be sent to the official business address of the City or Township. Notice to the County shall be mailed to: Department of Public Health and Environment, 14949 62nd Street N, PO Box 6, Stillwater, MN 55082-0006. 13. Merger and Modification: a. It is understood and agreed that the entire Agreement between the parties is contained here and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment and signed by the parties. 14. Force Majeure Events: For purposes of this agreement, "Force Majeure" refers to an event that by its nature is unforeseen, or, if it was foreseen, was beyond reasonable control by either party. With a Force Majeure event, the parties agree to 1) make an attempt to reschedule any such municipally planned events impacted included but not limited to community clean-ups, collection events, planned performances, and promotional campaigns, or 2) substitute the impacted event with other acceptable recycling efforts as outline in Exhibit A of this agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. GRANTEE W TITLE: Ted Kozlowski, Mayor DATE: BY: TITLE: Beth Wolf, City Clerk DITnXIINhLCROP►[41911110wi1 93 David Brummel, Director Department of Public Health and Environment DATE: APPROVED AS TO FORM LTA Ass't Washington Co. Attorney DATE: DATE: -5- Municipalities in Washington County are responsible for establishing and maintaining municipal recycling programs. The County provides educational, financial and technical assistance to local governments to aid these programs. The County's municipal recycling grant program assists municipalities with recycling program expenses. Grant funding levels are dependent on municipality household counts and recycling program activities. Municipalities are encouraged to apply for the maximum level of funding. Four levels of grant funding are available: 1. Base Funding: funding to cover administrative and program expenses to sustain existing programs and covers the BASIC category of the recycling continuum. Base funding is dependent on the number of households in a community. 2. Project Funding: funding to target specific grant projects that are related to achieving recycling goals and covers projects contained in the IMPROVED and ADVANCED categories of the recycling continuum. 3. Incentive Funding: funding for one-time special projects or purchases that cannot be covered with project funding. Project funding shall be used for before incentive funding is applied for. 4. Shared Resources Funding: funding for collaboration among multiple municipalities. I. Eligibility Requirements To receive funding through the Washington County municipal recycling grant program, municipalities must meet the following eligibility requirements: 1. A municipality's curbside recycling program shall be established by; 1) ordinance, 2) contracted with a hauler, or 3) a hauler be licensed to operate within the municipality. 2. Municipality must support State efforts in obtaining hauler reports by ensuring compliance through ordinance, contract or license requirements and the ability to exercise punitive actions, as needed. 3. All multi -unit dwellings (4 or more units) must have recycling service available. 4. At a minimum, the municipality must meet or plan to meet the components under the BASIC category of the recycling continuum (see page 8). 5. At a minimum, municipal staff must participate in two recycling coordinator meetings and one meeting with PHE staff per year to develop the grant project work plan(s). 6. Supply Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law (if applicable). 7. Submit completed previous grant cycle expenditures and project final reports. 8. Submit complete application and project(s) form, as applicable. Id Complete projects and performance measures outlined on the application or return funds for incomplete projects. 9. Continue to make progress along the municipal recycling performance continuum. Washington County, on behalf of State requirements, reserves the right to withhold any and all funding from municipalities for; 1) failure to report on previous grant activities of a municipality (not in good effort), 2) failure to complete application and project work plans and 3) failure to not actively engaging with PHE staff in grant funding activities and the execution of projects. II. Funding Application Municipalities must complete a funding application by February 29th, 2024, to receive grant funding. Applications and yearly work plan(s) must be submitted using Re-TRAC Connect. III. Grant Funding Allocation Funding is separated into four (4) categories: 1. Base funding: funding for activities that sustain the municipalities existing recycling program. This includes funding for administration of a recycling ordinance, resident questions, completing the municipal grant application, work plan(s) and annual report, residential recycling information, website maintenance, and meeting the BASIC category of the continuum, which can be found on page 8. The table below shows how base funding is determined for each community. # of Households <450 451-1000 1001-2000 2001-5000 5001-10000 >10000 Eligible Amount for Base Funding $1,500.00 $2,500.00 $5,000.00 $10,000.00 $20,000.00 $30,000.00 Note: household data is retrieved from the Metropolitan Council's most recent population estimates. These estimates are the official population and household estimates for state government purposes, including how local government aid (LGA) and local street aid allocations are determined. Previous year estimates are prepared the following year and certified by July 15. 2. Project funding: funding to develop and implement new or expanded recycling projects that encourage movement along the recycling continuum in the IMPROVED and ADVANCED categories, found on page 8. A municipality is eligible to receive $0.50/household/project. A municipality may qualify for up to four projects per year. 3. Incentive funding: one-time special project funding for large purchases that cannot be covered with project funding. Incentive funding can be applied for after the February 29th grant application deadline so long as the municipality meets to discuss with PHE staff. Funding can be requested and utilized at any time during the 2024 grant cycle. 4. Shared Resource funding: this is targeted to fund collaborations among municipalities. Municipalities participating in shared resource funding must designate one municipality to act as representative and fiscal agent to be liaison with the county. IV. Eligible Expenses Grant funds are used for the following expenses and are subject to approval by PHE staff: 1. Administrative (maximum of 75% of County grant funds) • Salary and legal costs of personnel only while directly working on, part time or full time, the planning, implementation and promotion of eligible activities. • Salaries, benefits and mileage for consultant services or temporary help with prior written approval from PHE and must be related to eligible activities. • County -approved educators, performers, and municipal staff who help implement required education activities using County toolkits and standardized messaging. 2. Capital Expenses • Event recycling containers • Public space recycling containers • Recycling containers and education for municipally owned/operated buildings and internalspaces • Resident -only municipal food scraps drop-off site 3. Public Education and Promotion* • Design, production, and distribution of flyers, brochures, newsletter articles, posters, advertisements, videos, billboards, audio (radio, video, television, theater), electronic (website and a -news) and other communication promotional items reaching at least 1% of a community's population • Disseminating Washington County flyers, brochures, newsletters, posters, advertisements, videos, billboards, audio (radio, video, television, theatre) electronic (website and a -news) and other communication promotional items • Development of promotional materials for a community event such as a clean-up day or road clean up event • The percentage of cost for a municipality's newsletter devoted to recycling • Environmental commissions and related expenses directly related to recycling and waste education (maximum of 25% of County grant funds) 4. Singular Item Collection • Design, production, and distribution of flyers, brochures, newsletter articles, posters, advertisements, videos, billboards, audio (radio, video, television, theater), electronic (website and a -news) and other communication specific to the collection of a specific item or material.* • Disposal costs of items collected for recycling or reuse at special collection events by an approved County vendor 5. Other • Yard waste, recycling, or composting project • Reuse projects and promotion • Other expenses with prior written approval from the PHE *Municipalities should reference MN State Statute 16C.073 for purchasing of paper for print materials. V. Ineligible Expenses Ineligible expenses are considered the following and subject to review by PHE: 1. Permanent, single sort, year-round recycling drop-off locations 2. Disposal expenses for community clean up events or road cleanup activities where specific items are not directed to recycling or reuse 3. Expenses for non -waste abatement, such as energy or ground water 4. Ongoing recycling or garbage service fees (collection, processing, transportation) 5. Costs for office equipment and supplies 6. Street sweeping expenses 7. Beautification projects or rain gardens 8. Lobbying and legal expenses 9. Food or refreshments 10. Funding currently budgeted or being provided by applicant VI. Standard List of Residential Curbside Recyclables to Be Collected Curbside for Single Sort Collection PHE created the list of standard recyclable materials to be collected curbside after researching current materials collected curbside by haulers as well as the availability of viable end markets for those materials. This list covers only the minimum materials recommended for residential curbside collection. A municipality may require the collection of additional recyclable materials. A municipality may choose how to enforce such as through ordinance or hauler licensing. The Standard List of Residential Curbside recyclables can be found at the link below. Washington County Standard List of Residential Curbside Recyclables This standard list of recyclables for single sort recycling collection will be periodically reviewed and updated by PHE as additional materials and end markets become available. PHE may add materials to this list and require municipalities to begin collection of the new materials within one year of receiving notification from the PHE. VII. Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Public Entities Law As a condition of eligibility for the Washington County Municipal Recycling Grant funds, pursuant to Minnesota Statutes 115A.46, subd. 5 and 115A.471, all waste generated by municipal government activities, including, but not limited to city/town halls, public works buildings, parks, etc., and waste arranged or waste contract for on behalf of its residents (such as organized garbage collection), must be managed in accordance with the County's Solid Waste Management Plan and delivered to the Ramsey/Washington County Resource Recovery Facility in Newport for disposal. Failure to comply with this provision shall constitute a breach of the Municipal Recycling Grant Agreement. Vill. Reporting 2 1. Hauler Reporting The Minnesota Pollution Control Agency (the State) will collect tonnage reports directly from haulers on behalf of counties and municipalities. Reports will be collected on a quarterly basis and will have tonnage amounts for MSW/garbage, recycling and source separated organics listed for each county. To ensure data is provided to the State quarterly, municipalities are expected to continue their role in enforcing hauler compliance through existing ordinances, contracts or licenses with haulers. Municipalities are expected to exercise punitive actions, if needed. The final, compiled hauler reports will be available on the County's Re-TRAC Connect system for municipality's to view after the reporting period has closed. 2. Annual Work Plan Project Status Reports Municipalities receiving funding through the Washington County municipal recycling grant program must complete annual work plan project status reports. The annual report is a measure of a municipality's progress towards meeting components on the recycling continuum and on program expenditures. Annual reports must be completed by the municipality receiving the grant by January 31st of each year using the County's Re-TRAC Connect system. • Work plan project status report: o project completion (yes/no) o performance measurements (minimum of 3 forms of measurement, as identified in work plan, should be reported) o description of information helpful to other municipalities desiring to replicate projects 3. Final Program Expenditures Report Municipalities receiving funding through the Washington County municipal recycling grant program must complete final program expenditures report at the end of the grant term. Reports must be completed to receive funding in future grant cycles. Components to be included in the final report includes the following: • Program expenditures: Total program expenditures must equal total program revenue. o Administrative costs including 1. Direct salaries 2. Direct membership, training, subscriptions 3. Consultant services and or temporary help 4. Promotion 5. Design, printing and postage 6. Advertisements/Videos/Promotional items 7. Special events 8. Other (list and describe) o Capital Costs o Collection Costs (grant funds cannot be used for collection costs) o Other • For each line item on the report's expenditures sheet, indicate: o Total County grant funds used o City/Township funds contributed o % of County grant used for particular line item o Total expenditures IX. Recycling Performance A municipality's performance will be evaluated based on information from the annual work plan project status reports, and reasonable effort towards reaching outcomes from work plan activities implemented and progression along the recycling continuum. PHE reserves the right to request documentation for information submitted. Failure by a municipality to demonstrate measurable progress towards one or more of the work plan goals will result in a Recycling Improvement Plan be submitted 90 days of being notified by PHE. The Plan must be negotiated with PHE and specify the efforts that will be undertaken by the municipality to improve its recycling program to achieve the identified goal in the work plan by implement strategies agreed upon by municipal staff and PHE. The plan should focus on components of the recycling continuum. Funding will be withheld until the municipality's Plan is completed and approved by PHE. X. County Responsibilities The county will be responsible for the following: 1. Grant documents PHE will provide the grant application and work plan by January 15T for each municipality to use to request grant funding and to develop project work plans. PHE will also provide the report for municipalities to report on their recycling program. Annual reports are available year round. 2. Meetings PHE staff will host quarterly recycling coordinator meetings and will make meeting materials available on the City Recycling Resources webpage on the County's website. PHE staff will also coordinate individual work plan meetings with each municipality to identify grant projects. 3. Technical assistance PHE staff will help identify if and how additional technical assistance is needed. 4. Payments Grant payment will be made in one installment, which is to be used for recycling program expenses in 2024. The payment will be made within 60 days of execution of the Recycling Grant Agreement. 5. Recycling tonnages Recycling tonnages for each municipality will be collected by the Minnesota Pollution Control Agency (the State) from the community's recycling hauler(s) on a bi-annual basis. Reports are available by request. 6. Residential recycling survey If requested, PHE will develop a survey on residents' recycling knowledge and behavior for municipalities to promote and distribute regularly. 7. Online recycling information and best practices PHE will maintain the City Recycling Resources webpage on the County's website for use by municipal staff to obtain information on recycling best practices, track recycling coordinator meetings and access templates and other educational information designed specifically for use by municipalities. 8. Commercial Recycling PHE has a separate funding mechanism to promote and support recycling in the commercial sector. This program is called BizRecycling and more information can be found at www.bizrecVcling.com. 9. Recycling in multi -unit dwelling (4+ units) 11 PHE has a separate funding mechanism to promote and support recycling in multi -unit dwellings. More information and ways to access this program can be found on www.bizrecycling.com. Supplemental documents required upon application submittal: 1. Updated waste and recycling ordinance(s) (if applicable) 2. Updated waste and recycling contract(s) (if applicable) 3. City/Township council meeting minutes discussing/approving updated ordinances/contracts (if applicable) 4. Verification of public entities law (MN Statute 115.471 and 115A.46) (if applicable) 5. A certificate of insurance indicating the municipalities' general liability limits as indicated in Section 4 of the Agreement. Please include certificate with the application. 7 Washington County Municipal Recycling Grant Continuum BASIC IMPROVED ADVANCED Administrative Actively participate in municipal recycling grant program Engage in professional development around recycling best practices Provide professional development opportunities to municipal leadership and staff on recycling best practices Participate in a minimum of two recycling coordinator meetings per Develop partnerships within the community to create more Establish partnerships with other municipalities year widespread knowledge of recycling best practices Establish a curbside recycling program by ordinance or contract Update solid waste/recycling ordinance and/or contract with county Update solid waste/recycling ordinance and/or contract with county assistance to meet current state requirements assistance to expand and require recycling best practices Require collection of standard list of recyclables Support community wide efforts to increase recycling of non- Adopt municipal policies to support waste reduction, reuse, and standard items recycling for non-standard items Support state efforts in obtaining hauler reports through ordinance, contract or license requirements Capital Expenses Establish signage or updated signage for collection best practices Replace worn/torn/missing signage Establish municipal drop locations for use by residents for items notavailable for curbside pick-up Provide recycling in municipally owned/operated public spaces Expand recycling in municipally owned/operated public spaces Establish permanent -away -from -home recycling opportunities, such as fairs, parks, athletic fields, arenas, and recreation centers Provide recycling in municipally owned/operated buildings (non- Expand recycling in municipally owned/operated facilities (non- Establish programs that target reuse public facing) public facing) Education & Information Establish and maintain web page with recycling and waste Improve information on municipal web page to encourage waste Provide recycling and waste information to all new residents in the information for residents and businesses that meet minimum reduction and reuse community requirements set by the county Share designated county created communications Encourage backyard composting and provide information on Establish recycling targets for the community county's compost bin/rain barrel sales Update county resources as shared by the county Encourage special events in community to utilize the county's Encourage special events in the community to utilize municipal - special event resources owned special event resources (ex. Clear Streams) Reach 1% of resident population with municipal waste and recycling Encourage reuse opportunities and provide outreach on Establish reuse incentive programs or equipment library information and programs environmental benefits of reuse Reach 1% of resident population with information on the Encourage participation in the Ramsey/Washington Food Scrap Provide recycling and food scrap containers for events hosted or Ramsey/Washington Food Scrap Pickup Program Pickup Program sponsored by the municipality or located on public property Multi -Unit Dwellings Ensure all multi -unit dwellings (4 or more units) have recycling Provide educational materials to interested properties and referproperty Target education to specific multi -units and/or property managers services available managers to Washington County staff Coordinate targeted information /events for multi -units Host clean-up events for multi -units based on multi -unit turnover WASHINGTON COUNTY CONTRACT # PUBLIC HEALTH & ENVIRONMENT TERM: Date of final signature - 12 31 24 Washington County AND The City of Stillwater Incentive Funding This contract is made and entered into by and between the County of Washington, hereinafter referred to as the "County", and the City of Stillwater, 216 North Fourth Street, Stillwater, MN 55082, hereinafter referred to as the "Contractor". I. Term of Contract: The term of the Agreement shall be from the date this Agreement is approved by the County to December 31, 2024. II. Scope of Service: Contractor, will partner with the County to add single stream recycling capacity in various city parks by providing the services set forth in Exhibit A. The Contractor shall be paid for services as outlined in Exhibit B. Any costs not itemized, or exceeding what is outlined in Exhibit B, will be the Contractor's responsibility. III. Cost: The total payment for these services provided under this agreement shall not exceed $35,000.00. IV. INDEPENDENT CONTRACTOR. It will be agreed that nothing within the contract is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting the Contractor as the agent, representative, or employee of the County or Public Health & Environment for any purpose or in any manner whatsoever. The Contractor is to be and shall remain an independent Contractor with respect to all services performed under this agreement. The Contractor will secure, at its own expense, all personnel required in performing services under the agreement. Any and all personnel of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under this agreement shall have no contractual relationship with the County or Public Health & Environment and shall not be considered employees of the County or Public Health & Environment. V. STANDARDS. The Contractor shall comply with all applicable Federal law, State statutes, Federal and State regulations, and local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above shall be a substantial breach of the agreement and will be cause for cancellation of this contract. VI. POSSESSION OF FIREARMS ON COUNTY PREMISES. Unless specifically required by the terms of this Contract or the person it is subject to an exception provided by 18 USC§ 926B or 926C (LEOSA) no provider of services pursuant to this Contract or subcontractors shall carry or possess a firearm on County premises or while acting on behalf of Washington County pursuant to the terms of this Contract. Violation of this provision is grounds for immediate suspension or termination of this Contract. VI I. SUBCONTRACTING AND ASSIGNMENT. The contractor shall not enter into any subcontract for performance of any services contemplated under this agreement nor novate or assign any interest in the agreement without the prior written approval of the county. Any assignment or novation may be made subject to such conditions and provisions as the county may impose. If the contractor subcontracts the obligations under this agreement, the contractor shall be responsible for the performance of all obligations by the subcontractors. Vill. INDEMNIFICATION. The Contractor agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Contractor/Consultant in the performance of this agreement. IX. INSURANCE REQUIREMENTS. The Contractor agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Commercial General Liability with Contractual liability coverage in the amount of $1,500,000 per occurrence with a $3,000,000 aggregate. An excess or umbrella liability policy may be used in conjunction with primary coverage limits to meet the minimum limit requirements. 2. Automobile coverage in the amount of $1,500,000 on a combined single limit basis and include hired and non -owned. 3. Worker's Compensation in statutory amount. (if applicable) Washington County shall be listed as additional insured as it relates to Commercial General Liability and Automobile Liability. Prior to the effective date of this Contract, the Contractor will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this Contract. This certificate of insurance shall be on file with the County throughout the term of the Contract. As a condition subsequent to this Contract, Contractor shall ensure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Contractor to maintain a current certificate of insurance with the County shall be a substantial breach of the Contract and payments on the Contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the Contract is provided to the County. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days' notice thereof to the County. X. AUDITS, REPORTS, RECORDS AND MONITORING PROCEDURES/RECORDS AVAILABILITY & RETENTION. Pursuant to Minn. Stat. section 16C.05 subd. 5, the Contractor/Consultant will: A. Maintain records which reflect all revenues, costs incurred and services provided in the performance of this Agreement. B. 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 and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices and involve transactions relating to this agreement. The Contractor agrees to maintain and make available these records for a period of six (6) years from the date of the termination of this agreement. XI. DATA PRACTICES. All data collected, created, received, maintained, or disseminated for any purpose by the activities of the contractor, because of this agreement shall be governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (Act), as amended and the Rules implementing the Act now in force or as amended. The contractor is subject to the requirements of the Act and Rules and must comply with those requirements as if it is a governmental entity. The remedies contained in section 13.08 of the Act shall apply to the contractor. XII. SUBCONTRACTOR PROMPT PAYMENT. Pursuant to Minnesota Statute §471.425 subd. 4a., contractor shall pay any subcontractors within 10 days of the contractor's receipt of payment from the county for undisputed services provided by the subcontractor. The contractor shall pay interest of 1% percent per month, or any part of a month, to the subcontractor on any disputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. The subcontractor shall have third party rights under this agreement to enforce this provision. XIII. NONDISCRIMINATION. The Contractor agrees to comply with the nondiscrimination provision set forth in Minnesota Statute 181.59 and not discriminate on the basis of race, creed, color, or national origin. The Contractor's failure to comply with this requirement may result in cancellation or termination of the Contract, and all money due or to become due under the Contract may be forfeited for a second or any subsequent violation of the terms or conditions of this Contract. XIV. JURISDICTION & VENUE. This contract, amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. All actions brought under this agreement shall be brought exclusively in Minnesota State Courts of competent jurisdiction with venue in Washington County. XV. TERMINATION The County may cancel this agreement at any time upon giving fifteen (15) days written notice sent to the Consultant at the address above. XVI. MERGER It is understood and agreed that the entire agreement of the parties is contained here and that this contract supersedes all 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. XVI I. CONTRACTOR DEBARMENT, SUSPENSION AND RESPONSIBILITY CERTIFICATION Federal Regulation 45 CFR 92.35 prohibits the County from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minnesota Statutes, Section 16C.03, subdivision 2, provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to Contract with the County. Contractors may be suspended or debarred when it is determined through a duly authorized hearing process, that they have abused the public trust in a serious manner. By signing this Contract, the Contractor certifies that it and its principals* and employees: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state, or local governmental department or agency; and B. Have not within a three year -period preceding this Contract: 1) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state, or local government) transaction or Contract, 2) violated any federal or state antitrust statutes, or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: a. commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state, or local government) transaction, b. violating any federal or state antitrust statutes, or c. committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and C. Are not aware of any information and possess no knowledge that any subcontractor(s), that will perform work pursuant to this Contract, are in violation of any of the certifications set forth above; and D. Shall immediately give written notice to the Contract manager should the Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining or performing a public (federal, state, or local government) transaction, violating any federal or state antitrust statute, or committing embezzlement, theft, forgery, bribery, falsification of records, making false statements, or receiving stolen property. *Principals, for the purpose of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary division or business segment, and similar positions). XVIII. MODIFICATION Any material alteration, modification, or variation shall be reduced to writing as an amendment and signed by the parties. Any alterations, modifications, or variations deemed not to be material by agreement of the County and the Consultant shall not require written approval. IN WITNESS WHEREOF, the County and Contractor have executed this agreement as of the date written below. City of Stillwater WASHINGTON COUNTY BY: BY: David Brummel, Director TITLE: Department of Public Health and Environment DATE: DATE: APPROVED AS TO FORM BY: Ass't Washington Co. Attorney DATE: Exhibit A Park Bins SCOPE OF SERVICES The City of Stillwater would like to expand recycling opportunities in several of their parks. In 2023, Stillwater worked with Minnesota Waste Wise to do an assessment of bin infrastructure in all city parks and prepared a report with recommendations. The city will be purchasing 25 open top recycling bins with appropriate county approved labels and will be placed in designated high traffic public areas. Bins will be equipped with labels indicating accepted items. The bins will be distributed to the following parks: Pioneer, Lily Lake, Washington, Lowell, Sunrise, Meadowlark, Ramsey Grove, Triangle, Benson, Anez, Browns Creek, Settlers, Heritage Square, Legends, Prairie, Bergman, Teddy Bear and Millbrook. Park Name Existing Trash Existing Recycling Suggested Pairs Recycling Bin Needs Trash Extras Pioneer Park 7 2 4 2 3 Lily Lake Park 9 4 6 2 3 Washington Park 4 1 2 1 2 Lowell Park 14 6 10 4 4 Sunrise Park 1 0 1 1 0 Meadowlark Park 1 0 1 1 0 Ramsey Grove Park 3 1 2 1 1 Triangle Park 1 0 1 1 0 Benson Park 2 1 2 1 0 Anez Park 1 0 1 1 0 Browns Creek Park 3 1 3 2 0 Settlers Park 1 0 1 1 0 Heritage Square Park 1 0 1 1 0 Legends Park 1 0 1 1 0 Prairie Park 1 0 1 1 0 Bergman Park 2 1 2 1 0 Teddy Bear Park 4 1 2 1 2 Millbrook Park 4 0 3 2 1 Figure 1. Parks bin quantities. See Exhibit D for park locations within the city. The County will: • Communicate directly with the city and contractor regarding any matters related to the program • Approve purchases and reimburse funds to supply the City of Stillwater recycling bins • Provide guidance with promotional and educational materials • Provide the county logo to be used in promotional and educational materials • Provide specifications for the development of a case study(s) The City of Stillwater will perform the following tasks: • Establish Recvcline Service and Install Bins • Establish and fund recycling and trash collection • Ensure bins are serviced at a frequency that prevents overflowing bins • Ensure that all bins are labeled as trash or recycling and lined properly with plastic bags • Provide plastic bags for the recycling bins that are different in color than plastic bags for the trash bins to ensure material is managed correctly • Empty recyclables from plastic liners before placing into recycling dumpster Staff Training • Conduct staff training so that all employees understand the new protocol for lining the waste and recycling bins and transporting each stream to their separate dumpsters • Ensure that training regarding waste and recycling participation, handling, and removal is part of the onboarding process for new employees and occurs in an ongoing capacity for all employees Education and Promotional Material • Utilize posters, announcements and well placed signs to encourage the public to take note of the recycling program and entice their participation • Utilize city's social media and other communication channels to promote and educate public on program • Credit Washington County for providing funds to implement recycling program on signs, posters, the city's website and in social media campaigns. Program Monitoring, Evaluation and Reporting • Monitor bins to determine if placement is adequately addressing waste and recycling needs, notifying the county of any concerns or if adjustments are necessary • Report to the county both pre -implementation and post -implementation collection costs and quantities of material for both recycled and trash • Agree to comply with Minnesota Statutes 115A.46, subd. 5 and 115A.471 by delivering all waste to the Recycling & Energy Center (see exhibit C) • Follow up with the county following post -implementation to review education and promotion plans, participation rates and service levels • Complete a case study and lessons learned for the improved outdoor recycling program six (6) months after implementation • Present results and case study at a quarterly recycling coordinator meeting • Address staff and public feedback to continually improve program Exhibit B Park Bins BIN COSTS AND METHOD OF PAYMENT The City of Stillwater will purchase needed supplies directly from the vendors listed in the budget. The county will disburse funding to the city after receiving receipts of amount paid -to -date from the city. The total contract amount will not exceed $35,000.00. Payment breakdown for bins will be as follows: Expense Quantity Price per unit Total RJT CN-R/SS2/CU-36D 30-36 GAL. 25 $884.00 $22,100.00 RJT T/CU-2410R Lid 25 $169.00 $4,225.00 RJT CN/13-1827 Internal Liner 25 $100.00 $2,500.00 RJT DE-24 Recycling Decal 25 $12.00 $300.00 Shipping $1,050.00 Misc. $5,990.00 State Contract 9218090 Discount -$1,165.00 Total County Cost $35,000 Washington tY Exhibit C Washington County Department of Public Health & Environment Verification of Compliance with Minnesota Statute 115.471 and 115A.46 Pursuant to Minnesota Statutes 115A.46, subd. 5 and 115A.471, all waste generated in parks in Stillwater, MN must be managed in accordance with the County's Solid Waste Management Plan and delivered to the Recycling & Energy Center for disposal. Failure to comply with this provision shall constitute a breach of the service contract. I (name) (Title) for the Municipality of (City) Stillwater , MN verify that said municipality will, through the length of the contract, comply with Minnesota Statutes 115A.46, subd. 5 and 115A.471 by delivering all waste generated by activities and contracts/agreements to the Recycling & Energy Center. In the space below, please provide the name of your municipal solid waste provider(s). City of Stillwater Signature: Title: Date: oil GVEN I"o, BROWNS CREEK TRAIL (DNR \ 23 � • - WE 6� --' i COUNTY TRAIL 77 c r • BROWNS CREEK TRAIL (DNR) I LOOP TRAIL #J Public Restrooms ] Public Parking Public Trail/Sidewalk PARKS 1. PIONEER PARK 2. LILY LAKE PARK 3. WASHINGTON PARK 4. LOWELL PARK 5. NORTHLAND PARK 6. SUNRISE PARK 7. MEADOWLARK PARK 8. RAMSEY - GROVE PARK 9. STAPLES FIELD 10. TRIANGLE PARK 11. SCHULENBERG PARK 12. McKUSICK PARK 13. BENSON PARK 14. ANEZ RIDGE PARK 15. KOLLINER PARK 16. NIGHTINGALE PARK 17. BROWN'S CREEK PARK 18. BROWN'S CREEK NATURE PRESERVE 19. LEGENDS GAZEBO 20. CROIXWOOD OPEN SPACE 21. LONG LAKE OPEN SPACE 22. St. CROIX VALLEY REC. CENTER 23. McKUSICK LAKE TRAIL & DYKE 24. CREEKSIDE PARK 25. SETTLERS PARK 26. HERITAGE PARK 27. LEGENDS PARK 28. LONG LAKE NATURE AREA 29. PUBLIC WORKS PARK 30. PRAIRIE PARK 31. BERGMAN PARK 32. TEDDY BEAR PARK 33. LIBERTY SQUARE 34. SKATEBOARD PARK 35. MILLBROOK PARK 36. MILLBROOK OPEN SPACE 37. DOG PARK 38. BRIDGEVIEW PARK 39. LUMBERJACK LANDING 40. MILLBROOK FIELD WEST SCHOOL DISTRICT PROPERTY 43. RUTHERFORD ELEMENTARY SCHOOL 44. LILY LAKE ELEMENTARY SCHOOL 45. JAYCEE BALL FIELDS 46. STONEBRIDGE ELEMENTARY SCHOOL 47. WASHINGTON CHARTER SCHOOL 48. STILLWATER JUNIOR HIGHSCHOOL 49. OLD ATHLETIC FIELD 50. OAK PARK HEIGHTS ELEMENTARY SCHOOL POINTS OF INTEREST 60. CITY HALL 61. POST OFFICE 62. LIBRARY 63. WATER DEPARTMENT 64. WASHINGTON GOVERNMENT CENTER 65. LICENSE CENTER 66. LAKEVIEW HOSPITAL 67. FIRE STATION i water THE BIRTHPLACE OF MINNESOTA DATE: May 7, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Approval of ARPA Funds Agreement with Washington County BACKGROUND Recently, the City was informed by Washington County of an award of $750,000 of ARPA Funds. The award is for the extension of sewer and water mains in the southwest corner of the City, from east of Manning Avenue to the Southeast corner of the Manning and TH 36 interchange. Washington County has prepared an agreement for the funding and it requires City approval. The document has been reviewed by the City Attorney and recommends approval. RECOMMENDATION It is recommended that Council approve the agreement between Washington County and the City of Stillwater for ARPA Funds. ACTION REQUESTED If Council concurs with the recommendation they should pass a motion approving the Washington County ARPA Funds Agreement. AGREEMENT BETWEEN WASHINGTON COUNTY AND THE CITY OF STILLWATER FOR ARPA FUNDS This Agreement (the "Agreement") is entered into between the County of Washington a political subdivision of the State of Minnesota (the "County") and the City of Stillwater (the "City") (collectively, the "Parties"). RECITALS A. On March 11, 2021, the United States Congress passed the American Rescue Plan Act of 2021 (ARPA), which provides fiscal relief funds to state and local governments, and other program areas aimed at mitigating the continuing effects of the COVID-19 pandemic; and B. The County is a direct recipient/grantee of certain federal funds under ARPA and all implementing rules and regulations applicable to the Coronavirus State and Local Fiscal Recovery Fund (CSLFRF), CFDA number 21.027, established under ARPA to address the expenditures and impacts of COVID-19 and to replace revenue shortages related to the pandemic; and C. Congress has provided state, local, county, and tribal governments with significant resources to respond to the COVID-19 public health emergency and its economic impacts through four categories of eligible uses. Sections 602(c)(1) and 603(c)(1) provide that ARPA funds may be used: (a) To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (b) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; (c) For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and (d) To make necessary investments in water, sewer, or ARPA infrastructure; and D. The Parties wish to cooperate and designate the City to act as the agent of the County in carrying out any of the provisions of Minnesota Statutes, Sections 469.001 to 469.047 or of any other related federal, state, or local legislation in undertaking the sewer and water extension project in the City of Stillwater (the "Project"). The County shall provide funding for the Project in accordance with the terms of this Agreement. E. County will pay the City for eligible Project costs as described within this Agreement and as authorized by County under ARPA and the accompanying federal regulations that apply. F. Sections 602(c)(1)(C) and 603 (c)(1)(C) of the Social Security Act provide that State and Local Fiscal Recovery Funds (SLFRF) may be used for the provisions of government services to the extent of the reduction in revenue of the government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the government prior to the emergency. G. Under 31 CFR Part 35 RIN 1505-AC77 under SLFRF eligible use category revenue replacement, recipients have a broad latitude to use funds for government services up to their amount of revenue loss due to the pandemic but not more than the recipient's total ARPA allocation. Recipients may use funds for up to the amount of revenue loss for government services; generally, services traditionally provided by recipient government are government services, unless Treasury has stated otherwise. Government services is the most flexible eligible use category under SLFRF, and funds are subject to streamlined reporting and compliance requirements. H. The attached Parts, Exhibits and Appendices, collectively referred to as "Agreement documents" or "Contract documents" are hereby incorporated in this Agreement and made a part hereof: PART I. GENERAL CONDITIONS PART II FEDERAL AND LOCAL REQUIREMENTS PART III EVALUATION AND RECORD KEEPING PART IV MISCELLANEOUS TERMS AND CONDITIONS EXHIBIT A Duties of the City of Stillwater EXHIBIT B Disbursement Request Form EXHIBIT C Required Federal Clauses for Subcontractors Appendices: Appendix A Byrd Anti -Lobbying Certification Appendix B Debarment/Suspension Certification Appendix C Certification of Non -Conflict of Interest 2 PART I. GENERAL CONDITIONS 1. SCOPE OF AGREEMENT a. The Agreement between the parties shall consist of the General Conditions; the federal, state, and local program requirements; the evaluation and record keeping requirements, each and every exhibit incorporated into the Agreement; disbursement form with the outcome and reporting data, all matters and laws incorporated by reference herein; and any written amendments made according to the General Conditions. This Agreement supersedes any and all former agreements applicable to projects attached as Exhibits to this Agreement. b. Pursuant to Minnesota Statutes, Section 469.012, subd. 11, the County wishes to have the City take the lead and act as the agent of the County as to the Project, in carrying out any of the provisions of Minnesota Statutes, Sections 469.001 to 469.047 or of any other related federal, state, or local legislation. 2. GENERAL INFORMATION Agency Name: City of Stillwater Agency Unique Entity Identifier (UEI): SNNNKS7NB4H1 Federal Award Identification Number (FAIN): SLFRP0312 Federal Award Date: March 3, 2021 Period of Performance Start and End Date: 1/1/2024—12/31/2024 Amount of Federal Funds Obligated by this Agreement: $750,000 Project description: The project will extend sewer and water trunk utility lines east of highway 36 and the manning avenue interchange in Stillwater. The extension runs north of 36 and then crosses the south to serve a future development of the southeast corner of the interchange. The extension is expected to connect the city's trunk infrastructure in the northeast corner of the interchange and support a health care campus or other development in the future. Funding Entity: Washington County Contact Information for Entity: Jill Zenzola, Jill.Zenzola(&co.washington.mn.us , 651-430-6048 Assistance Listings Number: 21027 Is Award for research and development? Yes No X Indirect cost rate for Federal Award: NA 3. COMMENCEMENT AND TERMINATION OF PROJECTS By executing this Agreement, the County has provided the City with written notice to proceed with the Project. Termination dates for individual projects shall be specified in the appropriate Exhibits and be in compliance with County requirements. The termination date may be changed through amendment of this Agreement. 4. SCOPE OF SERVICES a. The City shall perform and carry out in a satisfactory and proper manner the services set forth in the Agreement and all Exhibits/Appendices attached hereto. In the case of multiple projects, each project shall correspond to a separate exhibit. This Agreement may be amended from time to time, in accordance with the General Conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. b. As a condition of receiving this funding, the City shall administer the ARPA funds in compliance with all applicable federal and state requirements, as they may be updated, including the rules of any regulatory body under the American Rescue Plan Act. c. The City shall comply with all applicable federal law, state statutes, federal and state regulations, and local ordinances now in effect or adopted during the performance of services herein until completion of said services. d. Failure to meet any of the above requirements shall constitute a substantial breach of this Agreement and will be cause for termination/cancellation of this agreement. 5. INCORPORATION OF RECITALS, EXHIBITS AND APPENDICES The Recitals set forth in this Agreement, along with all Exhibits and Appendices attached are hereby incorporated by reference as if set forth in full in the body of this Agreement. All references hereafter to the "Agreement" shall refer collectively to all contract documents, including those incorporated by reference. 6. COMPENSATION AND METHOD OF PAYMENT a. County shall provide funds to the City for the Project in an amount not to exceed $750,000. Funding requests shall be submitted on a Disbursement Request Form, signed by the City's authorized representative and must include all required supporting documentation for outcome data and reports consistent with the funding requirements. b. County may request additional information from the City as is necessary. c. The City must submit a properly executed Disbursement Request Form to County. If appropriate, County will make payment to the City not more than thirty (30) days after said invoice and required supporting documentation are received and approved by Washington County. Payment does not constitute absolute approval. d. As the County must use the federal funds for ARPA projects completed by December 31, 2024, the City's final disbursement request and accomplishment data must be submitted to County prior to December 31, 2024. Any funds committed but not spent by the end of this Agreement's term may be reallocated by County. e. Payment under this Agreement will be made from federal ARPA funds obtained by County. The City is responsible for full compliance with all applicable federal and other requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the City's failure to comply with federal requirements. f. It is a condition of payment that all services provided by the City under this Agreement must be performed to County's satisfaction, as determined at the sole discretion of County's ARPA Grant Manager. g. County reserves the right to withhold or reduce grant funds under this Agreement if County determines, in its sole discretion, that any or all of the City's proposed or actual use of funds is ineligible for ARPA funding or otherwise incompatible with ARPA requirements. 11 7. AUTHORIZED REPRESENTATIVE The City shall appoint a single liaison person who shall be responsible for overall administration of ARPA grant funded project(s) and coordination with County. The City shall also designate one representative who shall be authorized to sign the Disbursement Request Form. The name of the authorized representative shall be specified in Exhibit B. 8. OPERATING BUDGET a. The City shall apply the funds received from County under this Agreement in accordance with the requirements of this Agreement and the Exhibits attached hereto. b. County may require the City to provide supplementary budget information in a timely manner. 9. PERFORMANCE MONITORING a. County shall monitor the performance of the City as necessary. b. Substandard performance as determined by County will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the City within 90 days after being notified by County, County may impose additional conditions on the City. c. The City is responsible for and shall monitor the performance of Project contractors, consultants, agents, and all who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. d. The City shall submit regular quarterly "Performance Measurement Report" and financial reports to County along with a close-out report which shall include the correct status and progress by the City and all Contractors (as defined herein) and subcontractors in completing the work described in Exhibit A and the expenditure of funds under this Agreement, in addition to any other information requested by County. Each quarterly "Performance Measurement Report" shall include the following: (1) Estimated substantial completion of the project; and (2) Narrative of work performed to meet objectives. e. The City shall keep detailed records of the eligible expenses incurred/obligated and shall make the same available to County quarterly and upon County's request. f. All required quarterly reports are due to County no later than the 15th of the month following quarter end of each quarter of the program year and shall be sent each ug arter until submission of the administrative close-out report. (Oct. 15, Jan. 15, April 15, July 15) beginning the quarter following execution of the Agreement. g. The Close-out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs first. h. If all required reports and copies are not sent to County or are not completed in a manner acceptable to the County, then County may withhold payments until they are properly completed or may take other action as legally necessary and appropriate. i. The City shall provide additional reports and information as required by County. 10. OTHER CONTRACTS a. In performing under this Agreement, the City may work with contractors and consultants (collectively, "Contractors"). The City shall require the federal clauses as set forth in Exhibit C to be included in any agreements with Contractors and any lower -tier contracts for the Project using federal funds. The Parties acknowledge and agree that suppliers and material providers are not considered Contractors under the terms of this Agreement. b. The City remains responsible to County for all aspects of performance by a Contractor. 11. ASSIGNMENT a. The City shall neither assign nor transfer any rights or obligations under this Agreement without prior written consent by County. b. Any work or services assigned hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The City agrees that it is as fully responsible to County for the acts and omissions of a Contractor and of their employees and agents, as it is for the acts and omissions of its own employees and agents. 12. AMENDMENTS/MODIFICATIONS a. Either parry may request modifications in the scope of services, terms, or conditions of this Agreement. Proposed modifications that are mutually agreed upon shall only be valid if incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. b. Any amendment to this Agreement shall be in writing and shall not be effective until duly executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 13. HOLD HARMLESS AND INDEMNIFICATION a. The City agrees to hold harmless, indemnify, and defend County, its Commissioners, officers, agents and employees against any and all third -party claims of whatever nature, expenses (including attorneys' fees), losses, damages or lawsuits for damages that arise as a result of the willful misconduct, negligent acts, errors, and/or omissions of the City and Contractors in the performance of this Agreement. b. The City shall require in its agreement with Contractors, and in their respective agreements with each lower -tier subcontractor, that the party shall indemnify, hold harmless, and defend the City, County, and their respective Commissioners, officers, agents, and employees, from and against all damages to the extent caused by wrongful or negligent acts, errors or omissions, or intentionally tortious actions on the part of the Contractor or lower -tier subcontractor. 14. INSURANCE a. The 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 policies of insurance providing the following: General Liability, Automobile Liability and Worker's Compensation (if applicable), in an amount approved by County. The City agrees as a condition subsequent to increase the insurance coverage as may be required. b. All Contractors performing under this Agreement, and any lower -tier subcontracts, shall name the City and the County, which shall include their respective Commissioners, officers, agents, and employees, as an Additional Insured on any Commercial General Liability policies with respect to any work and services performed for the Project. c. Because the City is a governmental entity, the tort liability amount provided in Minn. Stat. § 466.04 governs. 15. CONFLICT OF INTEREST a. Interest of Officers, Employees, or Agents. No employee, agent, consultant, officer, or elected or appointed official of the City who exercises any functions or responsibilities with respect to activities under this Agreement or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. b. Interest of Contractors and Their Employees. The City agrees that it will execute the required Certification of Non -Conflict of Interest attached as Appendix C to this Agreement, and will incorporate into every Contractor or subcontractor agreement required to be in writing and made pursuant to this Agreement those provisions, as well as the following additional language: IThe[All Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the activates assisted under this Agreement has any personal financial interest, direct or indirect, in this Contract. The Contractor further covenants that he/she presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to City and the County. 16. DATA PRIVACY a. All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the City performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 2003, Section 13.01 et seq. or any other applicable state statutes and any state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The City agrees to abide by these statutes, rules, and regulations and as they may be amended. b. The civil remedies of Minn. Stat. § 13.08 apply to the release of data referred to in this clause by the City. If the City receives a request to release data referred to in this clause, the City must immediately notify County and coordinate on an appropriate response. The City's response to the request shall comply with applicable law. 17. TERMINATION 7 a. Termination for Cause. This Agreement is subject to termination upon thirty (30) days written notice by County should: (1) The City mismanage or make improper or unlawful use of Agreement funds; or (2) The City fail to comply with the terms and conditions expressed herein or the applicable regulations and directives of the federal government, state, or County; or (3) The City fail to provide work or services expressed by this Agreement; or (4) The City fail to submit reports or submit incomplete or inaccurate reports in any material respect; or (5) The City fail to make reasonable progress on the project. b. Termination for Convenience. County may terminate this Agreement in whole or in part for any reason at any time by providing written notice to the City when it is in the Government's best interest. The City shall be paid its costs including contract close-out costs and profit on work performed up to the time of termination. The City shall promptly submit its termination claim to County. If the City has any property in its possession belonging to County, the City will account for the same and dispose of it in the manner County directs. c. This Agreement may be terminated by County immediately upon the receipt by County of notice of the loss or withdrawal, or reduction or other limitation of federal funding by the U.S. Treasury for any project of the City. d. Otherwise, this Agreement shall terminate on the latest termination date specified on the Exhibit(s) attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement, except County may terminate the Agreement if funds are not expended as required. e. Upon termination of this Agreement, any unexpended balance of Agreement funds shall remain in the County ARPA allocation unless/until returned to Treasury or otherwise reallocated. f. In the event that termination occurs under paragraph a (1) of this section, the City shall return to County all funds which were expended in violation of the terms of this Agreement. g. Survival of Terms. The following components of this Agreement will survive the termination or expiration of this Agreement: Part I, Sections 13, 14, and 16; Part III. PART IL FEDERAL AND LOCAL REQUIREMENTS 1. GENERAL REQUIREMENTS The City shall comply with the American Rescue Plan Act (ARPA), Public Law 117-2, signed into law on March 11, 2021, and all implementing rules and regulations applicable to the Coronavirus State Fiscal and Local Fiscal Recovery Fund (CSLFRF), CFDA number 21.027, established under the American Rescue Plan Act. 2. PROCUREMENT STANDARDS In awarding contracts pursuant to this Agreement, the City shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages. 3. ENVIRONMENT REVIEW a. NEPA Exemption. Pursuant to U.S. Treasury guidance, a National Environmental Policy Act (NEPA) exemption is in place for the administration of ARPA funds. The City may still be subject to NEPA review if it also receives funding from other federal financial assistance programs where no exemption applies. b. State Environmental Policy Act. Cities that are branches of government under Minnesota Law, retain responsibility for fulfilling the requirements of the state law regarding environmental policy and conservation, and regulations and ordinances adopted thereunder. 4. NO GOVERNMENT OBLIGATION TO THIRD PARTIES a. The Parties acknowledge and agree that, notwithstanding any concurrence by the federal government in or approval of the solicitation or award of the underlying grant, absent the express written consent by the federal government, the federal government is not a party to this Agreement and shall not be subject to any obligations or liabilities to County or the City or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. b. The City shall include the above clause in each agreement with a Contractor financed in whole or in part with ARPA federal funding. It is further agreed that the clause shall not be modified, except to identify the Contractor who will be subject to its provisions. 5. COMPLIANCE WITH FEDERAL LAW REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that ARPA financial assistance will be used to fund all or a portion of the Agreement. By accepting this contract, the City agrees to comply with all applicable federal law, regulations, executive orders, ARPA policies, procedures, and directives. The federal requirements made part of the underlying Agreement between Washington County and the City must also be included in any Project agreement with a Contractor and any lower -tier agreement, in such form as contained in Exhibit C. a. The Lobbying requirements mandate the maximum flow down at every contracting tier, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5). b. Byrd Anti -Lobbying Amendment, 31 U.S.C.. 1352 (as amended). When the City applies or bids for an award of $100,000 or more the City shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. I c. Required Certification. If applicable, the City must sign and submit to the non-federal entity the certification attached hereto as Appendix A with each contract exceeding $100,000. 7. CLEAN AIR ACT AND WATER POLLUTION CONTROL ACT a. Clean Air. The City agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The City agrees to report each violation to County and understands and agrees that County will, in turn, report each violation as required to assure notification to the appropriate EPA Regional Office. b. The City also agrees to include these requirements in each Project contract exceeding $100,000 financed in whole or in part with federal assistance provided to the County under ARPA. c. Federal Water Pollution Control Act. The City agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. d. The City agrees to report each violation to County and understands and agrees that County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The City agrees to include these requirements in each Project agreement with a Contractor or subcontractor exceeding $150,000 financed in whole or in part with federal assistance provided through ARPA. 8. SUSPENSION AND DEBARMENT a. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the City is required to verify that none of the City's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). b. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. c. This certification is a material representation of fact relied upon by County. If it is later determined that the City did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to County, the federal government may pursue available remedies, including but not limited to suspension and/or debarment. d. County may, at is option, immediately terminate this Agreement if the City is found to have submitted a false certification required by this provision. 9. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The City acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the City's actions pertaining to this contract. 10 10. CIVIL RIGHTS REQUIREMENTS The following requirements apply to all Project contracts. The City also agrees to include these requirements in each Contractor or subcontractor agreement financed in whole or in part with federal assistance, modified only if necessary, to identify the affected parties. (1) Nondiscriminatio[ail. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, the City agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. (2) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623, the City agrees to refrain from discrimination against present and prospective employees for reason of age. (3) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the City agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. 11. BREACHES AND DISPUTE RESOLUTION a. Disputes. Disputes arising in the performance or nonperformance of this Agreement which are not resolved by agreement of the Parties shall be decided in writing by the authorized representative of County. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the City mails or otherwise furnishes a written appeal to the County ARPA Grant Manager. In connection with any such appeal, the City shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the County ARPA Grant Manager shall be binding upon the City and the City shall abide be the decision. b. Performance During Dispute. Unless otherwise directed by County, the City shall continue performance under this Agreement while matters in dispute are being resolved. c. Claims for Damages. Should either Party to the Agreement suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts the Party is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. d. Venue. All claims, counterclaims, disputes and other matters in question between the County and the City arising out of or relating to this Agreement or its breach will be decided in a court of competent jurisdiction within the State of Minnesota, County of Washington. e. Rights and Remedies. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or 11 failure to act by the County, Officers, agents or contractors shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT a. Contract Work Hours and Safety Standards Act. The City shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by § 5.5(a) or § 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. The City, no Contractor, or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work not in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the City and any Contactor or subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such the City, Contractor, and subcontractor shall be liable to the United States, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. Washington County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the City, Contractor, or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such the City, Contractor, or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The City shall require each Contractor to insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The 12 Contractor shall be responsible for compliance by any subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 13. EQUAL EMPLOYMENT OPPORTUNITY The following equal employment opportunity requirements apply to the underlying Agreement: (1) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623, the City agrees to refrain from discrimination against present and prospective employees for reason of age. (2) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the City agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. (3) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, the City agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable federal statutes, executive orders, regulations, and federal policies that may in the future affect construction activities undertaken in the course of the Project. The City agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 14. HISTORIC PRESERVATION The City shall meet the historic preservation requirements of Public Law 89-665 and the Archeological and Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 C.F.R. pt. 800. Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 C.F.R. pt. 58. 15. NONPARTICIPATION IN POLITICAL ACTIVITIES The City shall comply with the provisions of the Hatch Act (5 USC Chapter 15). 13 16. PUBLIC OWNERSHIP Unless mutually agreed to by the Parties otherwise, the City shall own the Project. 17. NON -SUBSTITUTION FOR LOCAL FUNDING The ARPA funding made available under this Agreement shall not be utilized by the City to reduce substantially the amount of local financial support for activities below the level of such support prior to the availability of funds under this Agreement. 18. PUBLIC INFORMATION In all news releases and other public notices related to projects funded under this Agreement, the City shall include information identifying the source of funds as the Washington County ARPA Grant Program. 19. APPLICABLE UNIFORM ADMINISTRATIVE REQUIREMENTS Public agencies shall comply with the applicable requirements and standards of the Office of Management and Budget, Code of Federal Regulations 2 C.F.R. 200 Subparts A, B, C, and F. Uniform Guidance Subpart D and E Requirements Applicable to Revenue Loss Funds Used for the Provisions of Government Services; Subpart D Post Federal Award Requirements: 200.300, 200.302, 200.303, 200.328, 200.329, 200.334-200.338, 200.339-200.343, 200.344, 200.345, 200.346. Subpart E Cost Principles: 200.400 (a)-(c), and (e) Policy guide, 200.403(a), (c), (d), (g), and (h) Factors affecting allowability of costs and 200.404(e) Reasonable Costs. 20. OTHER TERMS AND CONDITIONS OF THE FEDERAL AWARD a. General Compliance. The City shall comply with all applicable provisions of the ARPA, Public Law No. 117-2 that govern the use of federal funds available under this Agreement. The City shall also comply with all other applicable federal, state and local laws, regulations, and policies that govern the use of the ARPA funds in complying with its obligations under this Agreement, regardless of whether ARPA funds are made available to the City on an advance or reimbursement basis. b. Duplication of Grant Funds. The City shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of grant awards for the same or similar expenses of any kind. If County determines grant funds were received for duplicate services/expenses reimbursed by other sources, the City shall immediately repay County the amount of grant funds awarded for such duplicate activities. c. Client Data and Other Sensitive Information. The City must comply with 2 C.F.R. §200.303 and take reasonable measures to safeguard protected personally identifiable information, as defined in 2 C.F.R. §200.82, and other information County designates as sensitive or the City considers sensitive consistent with applicable federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. d. Close -Out. The City shall closeout its use of the ARPA funds and its obligations under this Agreement by complying with the closeout procedures provided by the County's ARPA Grant 14 Manager. Activities during this close-out period may include, but are not limited to: making final payments, return of all unused materials, equipment, unspent funds to the County, and determining the custodianship of records. Any close-out responsibilities of the City receiving federal grant funds shall survive termination of this Agreement. PART III. EVALUATION, AUDIT, RECORD KEEPING 1. EVALUATION / OUTCOMES The City agrees to participate with County in any evaluation project or performance report, as designed by County or the appropriate federal agency, and to make available all information required by any such evaluation process. (See Exhibit A for Outcome Reporting Requirements) 2. ACCESS TO RECORDS / RIGHT TO AUDIT a. The following access to records requirements apply to this Agreement: (1) The City agrees to provide Washington County, the designated state/federal Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the City which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The City agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The City agrees to provide the County, State, or Federal Administrator or his/her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, County and the City acknowledge and agree that no language in this Agreement is intended to prohibit audits or internal reviews by the federal Administrator or the Comptroller General of the United States. (5) Access to records and documents with respect to all matters covered by this Agreement shall continue during the performance of this Agreement and during the period of retention specified in this Part III. b. Single Audit. The City may be audited to verify all or parts of the City's federal awards expended during the respective performance period upon request by federal, state, or local auditors. As needed, the City must allow County's ARPA Grant Manager, Washington County, State and Federal Auditors, or any of their authorized representatives (which may include other independent financial analysts) (collectively, "Auditors") access to documentation related to this Agreement and the grant. The City must allow the Auditors to examine, audit, excerpt, and transcribe any books, documents, papers, records, or other data, which are pertinent to the City's accounting practices and procedures and involve transactions relating to this Agreement. 3. RETENTION OF RECORDS Pursuant to Minn. Stat. § 16C.05, subd. 5, Minn. Stat. § 16B.98, subd. 8 and applicable federal requirements, the City shall maintain records documenting this grant funded project for a minimum of six (6) years from the end of this Agreement, receipt approval of all final reports 15 on the required period of time to satisfy all statutes & program retention requests, whichever is later. PART IV. MISCELLANEOUS TERMS AND CONDITIONS a. The City's employees, agents, and Project Contractors and subcontractors are not considered to be County employees and any claims made by any third party as a consequence or arising out or omission on the part of the City's employees and agents, etc. are in no way County's obligation or responsibility. b. Merger and severabili!y. This is the entire Agreement between County and the City, and it supersedes any oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. This Agreement contains all negotiations and agreements between County and the City. No other understanding, whether written of oral, regarding this agreement may be used to bind either or both parties. If any provision of this Agreement is held to be invalid or unenforceable in anrespect the validity and enforceability of the remaining terms and provisions of this Agreements shall not in any way be affected or impaired. Neither Party is relying upon any statements or promises by or on behalf of the other Parry, other than those statements or promises expressly contained in this Agreement. c. Legal review. The parties agree that each individual party has had an opportunity to review with a legal representative, negotiate and draft this agreement and that in the event of a dispute, the agreement shall not be construed against either party. d. Legal authority and signatures. (1) The City certifies and warrants that it has the legal authority to receive the grant funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. (2) The person (s) signing this Agreement on behalf of the City in their representative capacity represent(s) that by signing this Agreement it is their intent to bind their principal to the terms and conditions of this Agreement. (3) Each person executing this Agreement on behalf of a Parry certifies and warrants that such person is duty and validly authority to legally execute and bind the Party to the terms of this Agreement. (4) This Agreement may be executed in counterparts, each of which will be deemed on original but all of which taken together constitutes but one and the same instruments. 16 IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: COUNTY OF WASHINGTON By: Cat Piepho Accounting & Finance Director Date: APPROVED AS TO FORM: By: Assistant Washington County Attorney Date: 17 CITY OF STILLWATER By: Print Name: Ted Kozlowski Title: Mayor m. Print Name: Beth Wolf Title: City Clerk Date: IN EXHIBIT A DUTIES OF THE CITY OF STILLWATER The County and the City are cooperating and the City is acting as the agent of the County carrying out any of the provisions of Minnesota Statutes, Sections 469.001 to 469.047 or of any other related federal, state, or local legislation, in the sewer and water project within the City of Stillwater (the "Project") The City shall assume all applicable duties and obligations as an agent of the County's American Rescue Plan Act (ARPA) Fiscal Recovery Funds. The City of Stillwater will oversee the solicitation of the design service, construction, contract administration and construction inspection of the public infrastructure to extend sewer and water trunk utility lines east of highway 36 and manning avenue interchange. The extension runs north of 36 and then crosses the south to serve a future development of the southeast corner of the interchange. The extension is expected to connect the city's trunk infrastructure in the northeast corner of the interchange and support a health care campus or other development in the future. a. Financial (1) Facilitate agreement with contractors and subcontractors for the Project, ensuring all applicable ARPA requirements are included. (2) Facilitate disbursement to the Contractors for the Project. (3) Submit disbursement requests to the County for eligible Project costs. b. Record Keeping and Reports (1) Keep complete and accurate records related to the Project. (2) Collect and maintain documentation of the application completive procurement process when soliciting a Contractor or subcontractor for the Project. 19 EXHIBIT B REOUEST FOR DISBURSEMENT RECIPIENT FUNDING DISBURSEMENT Name: City of Stillwater Mailing Address: 216 4th St N, Stillwater, MN 55082 Grant Amount: $750,000 ARPA Project Number: 900031 Disbursement Request Number: Type of Request: Partial ❑ Final❑ Period Covered by this Request: From: To: EXPENSE DESCRIPTION TOTAL PROJECT ARPA ELIGIBLE PREV REQUESTS THIS REQUEST Totals $ $ $ $ $ $ $ $ Percent of Funds Disbursed Previously: % Total Percent of Funds Disbursed (Including This Request): % of $750,000 (funding amount I certify to the best of my knowledge and belief that the project costs requested, as indicated above, are allowable expenses under the Coronavirus State and Local Fiscal Recovery Funds Final Rule, Eligible Use Category 6.1: Revenue Replacement — Provisions of Government Services. FUNDING RECIPIENT Signature of Authorized Representative: Typed or Printed Name and Title: Joe Kohlmann, City Administrator Date: WASHINGTON COUNTY DISBURSEMENT APPROVAL Signature Title: 20 EXHIBIT C REQUIRED FEDERAL CONTRACT CLAUSES The Washington County ARPA Grant program involves the use of federal funds obtained by the County through the American Rescue Plan Act of 2021 ("American Rescue Plan", "ARPA"). Therefore, the Contractor and any lower tier contractors must agree to comply with the American Rescue Plan Act, as amended, as well as the rules of any regulatory body under the American Rescue Plan Act. Subject to the below Federal Provisions for ARPA, are attached and incorporated into, and shall thereby apply to the City receiving funding, as well as all lower tier contracts with any Contractors or lower -tier subcontractors who may be retained to work on the Project. The City is responsible to include the below federal provisions in any of its Project contracts or subcontracts involving the federal ARPA grant funds. A. NO GOVERNMENT OBLIGATION TO THIRD IPARTIES[A3] No Obligation by the Federal Government. (1)The parties acknowledge and agree that, notwithstanding any concurrence by the federal government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the federal government, the federal government is not a parry to this contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with ARPA federal funding. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. B. COMPLIANCE WITH FEDERAL LAW REGULATIONS AND This is an acknowledgement that ARPA financial assistance will be used to fund all or a portion of the above -referenced contract. By accepting this contract, the Contractor agrees to comply with all applicable Federal law, regulations, executive orders, U.S. Treasury policies, procedures, and directives. C. OBBYIN [As] The Lobbying requirements mandate the maximum flow down at every contracting tier, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds 21 that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the certification attached hereto as Appendix A. (To be submitted with any bid or offer exceeding $100, 000) D. CLEAN AIR ACT AND WATER POLLUTION CONTROL IACT[A6] (1) Clean Air - The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to the appropriate EPA Regional Office. Contractors must include these requirements in each subcontract exceeding $150, 000 financed in whole or in part with Federal assistance provided to County under ARPA. (2) Federal Water Pollution Control Act - The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the (name of the applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agncy Regional Office. The Contractor agrees to include these requirements in each subcontract exceeding $150, 000 financed in whole or in part with Federal assistance. E. SUSPENSION AND bEBARMENT[A7] (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the City is required to verify that none of the City's/contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while an offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (3) This certification is a material representation of fact relied upon by Contractor. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to County and/or Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 22 F. ACCESS TO IRECORDS[A81. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide Washington County, the designated state/federal administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the County, state, or federal administrator or his/her authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the County of Washington and the Contractor acknowledge and agree that no language in this Agreement is intended to prohibit audits or internal reviews by the Federal Administrator or the Comptroller General of the United States. G. MODIFICATIONS / CHANGES1[A91 Any material alterations, modifications or variations of the terms of this Agreement shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. H. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED CTS[A101 The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. I. CIVIL RIGHTS REQUIREMENTS[A111 The following requirements apply to all underlying contracts. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance, modified only if necessary to identify the affected parties. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. • Age — In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623, the Contractor agree to refrain from discrimination against present and prospective employees for reason of age. • Disabilities — In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agree that it will comply with the 23 requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. J. BREACHES AND DISPUTE IRESOLUTION[a121 (1) Disputes - Disputes arising in the performance of this Agreement which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the City's governing body shall be binding upon the Contractor and the Contractor shall abide be the decision. (2) Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Agreement while matters in dispute are being resolved. (3) Claims for Damages - Should either parry to the Agreement suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. (4) Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided in a court of competent jurisdiction within the State of Minnesota, County of Washington. (5) Rights and Remedies - The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City, County, its Officers, agents or contractors shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. K. TERMINATION (1) Termination for Convenience. The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to County to be paid the Contractor. If the Contractor has any property in its possession belonging to the County, the Contractor will account for the same, and dispose of it in the manner County directs. (2) Termination for Cause. If the Contractor does not deliver supplies in accordance with the Project delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the 24 manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. (3) Opportunity to Cure. The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor a reasonable period of time not to exceed ten (10) days, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Agreement within ten (10) days after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. L. CONTRACT WORK HOURS AND SAFETY STANDARDS I&CTI[A13] Contract Work Hours and Safety Standards Act. The City shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by § 5.5(a) or § 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 25 (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. M. EQUAL EMPLOYMENT IOPPORTUNITY[asa1 The following equal employment opportunity requirements apply to the underlying Agreement: (1) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended,29 U.S.C. § 623, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. (2) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. (3) Race, Color, Creed, National Origin, _ - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 26 N. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (� 200. 1 [ais]) (3) Contractors and subcontractors are prohibited from obligating or expending loan or grant funds to: a. Procure or obtain; b. Extend or renew a contract to procure or obtain; or c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (4) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. 27 IAPPENDIXI[a16i A Byrd Anti -Lobbying Certification (To be submitted with each bid or offer exceeding $100, 000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 29 PENDI [A171 B CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS The undersigned Contractor the best of its knowledge and belief, that it and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (2) or this certification; and 4) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. If the primary participant (applicant for an FTA grant or cooperative agreement, or potential third party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation of this certification. The undersigned Contractor certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Sections 3801 et seq,. are applicable thereto. Date: 30 Signature and Title of Authorized Official IAPPENDIXI[ais1 C CERTIFICATION OF NON -CONFLICT OF INTEREST The Undersigned, on behalf of the City, certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. City of Stillwater By: Signature Title: Date: 31 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: May 7,2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Water Heater Replacement — Public Works DISCUSSION Staff is looking to replace the existing water heater at the Public Works facility, the current water heater has reached its life cycle end and is showing signs of deterioration. A quote was received for the amount of $6,300.00 for removal of the existing and installation of the new unit. Funding for this project will be paid out of the Capital Outlay budget. RECOMMENDATION Staff recommends entering into an agreement with MK Mechanical, for the Public Works water heater replacement project. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENT WITH MK MECHANICAL FOR THE REPLACEMENT OF THE WATER HEATER. �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 7th day of May, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and MK Mechanical Inc., 23996 Olinda Trail North, Scandia, MN 55073 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Public Works Water Heater Replacement NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 04/11/2024, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. TERM. The term of this Agreement expires 5/7/25. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through 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. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor 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. 7. DELAY IN PERFORMANCE. Neither City nor Contractor 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 Contractor 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. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY' S REPRESENTATIVE. The City has designated Mick Greiner to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Mike Kastner to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater MK Mechanical Inc. 216 4th Street North 23996 Olinda Trail N. Stillwater, MN 55082 Scandia, MN 55073 Attention: Mick Greiner Attention: Mike Kastner Or e-mailed: mgreiner@stillwatermn.gov Or emailed: mike(a mkmech.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor 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. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. 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 District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk 4 CONTRACTOR MK Mechanical Inc. By: By (Please Print): Title (Please Print): Project Description: Public Works Water Heater Replacement 21 echainice:, B' ,,9. �_� 7E 23996 Olinda Trail North, Scandia, MN 55073 Phone: 651-24MI96 Date: Thursday, April 11, 2024 To: City of Stillwater 216 North Fourth Street Stillwater MN 55082 Phone Fax Attn: Mick Greiner Coil 65141 -598 r��rtsi��orclo = sy ll�r���tir„� v�.c±� Re: Public works Water heater replacement 2024 WE PROPOSE to furnish materials and labor to install a 75-gallon 125k BTUs Rheem water heater with a 75 Gallon 125k BTU Rheem replacement. And a quote for a cheaper water heater with less BTUs Per the scope of work, Note Commercial water heaters quoted 3 years tank and 1 year parts warranty. Residential would be cheaper but probably no warranty. Scope of Work: Demo and disposal of existing Rheem water heater. Supply and install new Rheem Commercial 75-gallon 125k BTU water heater. Re connect to existing gas, vent, electrical. BID AMOUNT FOR THE SCOPE OF WORK: $10.400.00 Scope of Work Option 2 less BTUs: Demo and disposal of existing Rheem water heater. Supply and install new Rheem Commercial 75-gallon 75k BTU water heater. Re connect to existing gas, vent, electrical. BID AMOUNT FOR THE SCOPE OF WORK: 6 300.00 As always, we will work with you and provide the best service and pricing available. casto 3t i to gaa,, `+r,,. Moct arijea! all -Ices ¢ ,y :i'tiri S Ctit' iC rl, scq C s 1: 13 atefi - is prov ,1 utgpor, f elpi l alit Fl. voices t charge of i ti°�; on all balances €a iy 3C 1 days o nt�su , do c-us6o3,i < also s3 e o P biec�� cat c stosn : as so sdreice c,atpio; ca £,is,e ann 6e a ical.y c e s to p a t s c3aaaF=cal t�� a,l expense, dir3s dl. attorney d:d€'4 and logal C£3' 3 Cii C. ill iC Ic- fit ii @ i [ '� i �:t ti^v11 costs. inc d my ':ioy aad P:-fora�sancc of €hc c-o ,( nrovid d. In a . r� to c o o XI �aa char al s inte sz n . 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' c°ru sit tv ro Halt! ua a eaements co-Wingent ,n t a ez rc iszfCa-TVops a ad a a nec < e ,flsri u� 3u , o, r v } 9ti C 5 1Cd4 S U delays Jt, a FU a- sfe t sty! for, 3v F 3 o € s co cd esq rr also s nSU an e : r K a c ita f J s at a f S SC C3 .;w€ I FF y e �'r`7 [CeC _ ES C -with t Upgrading nr C-c t- e z73.' 14 Y i€ not 1f o ne roost c ' c ric 4 s I � a' S oCan,,(1 f 6I C n �, t3 b. 1 F� E. C iP 4 LaQ i to u J t dal € �c .v c s si3 aiet ar t t _c r t,cetcta [� u eno n aE rt c er �w v bk ' f s2 c EI td es t--,id adds l ri OF tabor : mni &£,� c `„C b_ :` O d the his agreeariegt and quote is ' P -eHen u-'HWP26 " " Pnd 3L iei-2 Ch.rrnar'Y.S.. N tsI:: s ., Authorized Signature Accepted By MK Mechan' Title Mike Kastner Date Z Page 1 water. THE BIRTHPLACE OF MINNESOTA DATE: May 3, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Issuance of New Wine with Strong Beer Liquor License for Fire It Up LLC dba Quick Fire Pizza DISCUSSION: An application for a new Wine & Strong Beer liquor license for Quick Fire Pizza has been received from the new owners. The license will be effective after satisfactorly completing all license requirements. RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance and Planning Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval requirement before the license is issued to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a resolution approving the issuance of a new Wine & Strong Beer Liquor License to Fire It Up LLC dba Quick Fire Pizza located at 116 Main St S. contingent upon satisfactory investigation, inspections, and required approvals. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx APPROVING ISSUANCE OF NEW WINE WITH STRONG BEER LIQUOR LICENSE TO FIRE IT UP LLC DBA QUICK FIRE PIZZA WHEREAS, an application has been received for the issuance of a Wine with Strong Beer liquor license for Fire It Up LLC dba Quick Fire Pizza located at 116 Main St S; and WHEREAS, all required docuementation has been submitted and fees paid; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of a new Wine with Strong Beer liqour license conditioned upon approval from Police, Fire, Building, Finance and Planning Departments, Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). Adopted by the Stillwater City Council this 7th day of May 2024. Ted Kozlowski, Mayor Attest: Beth Wolf, City Clerk