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2020.12.15 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: December 11, 2020 City Council Meeting Schedule Tuesday, December 15, 2020 Time Meeting Location 7:00 p.m. City Council Meeting Council Chambers/Zoom Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. In accordance with a statement issued by Mayor Jim Adams pursuant to Minnesota Statutes, section 13D.021, due to the pandemic this meeting will be conducted as an electronic meeting. The public may monitor and participate in the meeting by connecting to it through one of the methods identified below. A limited number of the public may attend the meeting in-person in the Council Chambers, provided social distancing and face covering requirements are followed. City Councilmembers and staff are not required to attend the meeting in- person, but some may participate in-person. All votes will be taken by roll-call vote. Topic: Crystal City Council Meeting Time: Dec 15, 2020 07:00 PM Central Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/86346806351?pwd=QU9NZmxTSFdOK0wvWWJjTVdDSXRwZz09 Meeting ID: 863 4680 6351 Passcode: 414141 One tap mobile +13126266799,,86346806351# US (Chicago) +19292056099,,86346806351# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington D.C) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) 888 475 4499 US Toll-free 877 853 5257 US Toll-free Meeting ID: 863 4680 6351 Find your local number: https://us02web.zoom.us/u/kbG6HlQAUP Page 1 of 3 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: December 11, 2020 City Council Meeting Agenda Tuesday, December 15, 2020 7 p.m. Council Chambers/Zoom Meeting The city manager’s comments are bolded. 1. Call to Order, Roll Call and Pledge of Allegiance 2. Approval of Agenda The Council will consider approval of the agenda. 3. Consent Agenda The Council will consider the following items, which are routine and non-controversial in nature, in a single motion: 3.1 Approval of the minutes from the following meetings: a. The City Council meeting on December 1, 2020. b. The City Council work sessions on December 1, 2020. 3.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 3.3 Approval of the 2021 regular City Council meeting and work session schedule. 3.4 Approval of a resolution designating 2021 polling places. 3.5 Approval of the reappointment and appointment of applicants to the Blue Line Business Advisory Committee and Blue Line Citizen Advisory Committee, Employee Review Board, Environmental Quality Commission, Parks & Recreation Commission and Planning Commission. 3.6 Approval of a resolution appointing Crystal’s representative to the Bassett Creek Watershed. 3.7 Approval of a resolution appointing Crystal’s representatives to the Shingle Creek Watershed. 3.8 Approval of a resolution appointing the 7th member to the West Metro Fire-Rescue District Board. 3.9 Accept the resignation of Andy Leipold from the Parks & Recreation Commission. Page 2 of 3 3.10 Approval of the summary of the December 10, Closed City Council Work Session. 3.11 Approval of a resolution approving a joint powers agreement with the State of Minnesota on behalf of the city’s prosecuting attorney and police department. 4. Open Forum (The City Council appreciates hearing from citizens about items of concern and desires to set aside time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is limited to three minutes and topic discussion is limited to ten minutes. The Mayor may, as presiding officer, extend the total time allowed for a topic. By rule, no action may be taken on any item brought before the Council during Open Forum. The Council may place items discussed during Open Forum onto subsequent council meeting agendas). 5. Regular Agenda 5.1 The Council will consider approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Recommend approval of disbursements over $25,000. 5.2 The Council will consider a contract for professional services for the repair of a storm water pipe. The Utilities capital improvement plan includes funds for repairing storm water pipes. Recommend approval of this contract for infrastructure maintenance and repair. 5.3 The Council will consider approval of a Joint Powers Agreement/Memorandum of Understanding with Crystal Police Department and YMCA on a Juvenile Diversion Program. The Police department is partnering with other cities and the YMCA on a juvenile diversion program. Recommend approval of authorizing execution of the joint powers agreement and memo of understanding for this program. 5.4 The Council will consider a resolution approving the replacement of 3 police squad cars. The Fleet Fund includes funds for replacing 3 squad cars in 2021 which were ordered earlier this year in anticipation of a long lead time. The cars are ready earlier than anticipated; recommend approval of the purchase of these replacement vehicles. 5.5 The Council will consider a resolution awarding contracts for the police station building project. At its October 20 meeting the City Council approved the plans and specifications for the new police station and authorized advertising for bids. Bids were publicly opened on December 10 and 176 bids were received. The project manager Kraus Anderson is still reviewing the bids and will have recommendations prior to Tuesday’s meeting. Recommend approval of the resolution awarding the contracts for this project. Page 3 of 3 5.6 The Council will consider a contract for 2021 with the city manager. At the December 10 work session, the City Council completed my annual performance evaluation – thanks for the good evaluation. And what can I say but thanks and recommend approval of my employment contract for 2021. 5.7 The Council will consider a resolution of commendation for Julie Deshler. Council Member Deshler is retiring after serving on the City Council since November 2010. Recommend approval of the resolution commending her for her years of service. 6. Announcements a. City offices will be closed on December 24 and 25, in observance of the Christmas Eve and Christmas Day holidays. b. City offices will be closed on January 1, in observance of the New Year’s Day holiday. c. The next City Council meeting is Tuesday, January 5, at 7 p.m. in the Council Chambers at City Hall and via Zoom. d. City Council meetings and work sessions are open to the public. Current and previous meetings are available for viewing and listening at www.crystalmn.gov. 7. Adjournment *Denotes no supporting information included in the packet. Have a great weekend! See you at Tuesday’s meeting. Crystal City Council meeting minutes December 1, 2020 Page 1 of 4 1.Call to Order Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on December 1, 2020 at 7:00 p.m. electronically via Zoom and in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, Minnesota. Mayor Adams called the meeting to order. Roll Call Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following attendance was recorded: Council members present via Zoom: Adams, Banks, Budziszewski, Deshler, Kiser, and LaRoche. Council member Parsons was absent. City Manager A. Norris was present in the Council Chambers at City Hall. City staff present via Zoom: Assistant City Manager/HR Manager K. Therres, City Attorney T. Gilchrist, Deputy Police Chief B. Hubbard, Community Development Director J. Sutter, Finance Director J. McGann, Public Works Director M. Ray, Recreation Director J. Elholm, West Metro Fire-Rescue District Chief S. Larson, and City Clerk C. Serres. Pledge of Allegiance Mayor Adams led the Council and audience in the Pledge of Allegiance. 2.Approval of Agenda The Council considered approval of the agenda. Moved by Council Member Banks and seconded by Council Member LaRoche to approve the agenda. By roll call and voting aye: LaRoche, Adams, Banks, Budziszewski, Deshler, and Kiser. Absent, not voting: Parsons. Motion carried. 3.Appearances 3.1 Mayor Adams read a proclamation commending Representative Lyndon Carlson, Sr. 3.2 Mayor Adams read a proclamation of appreciation for Hennepin County Commissioner Mike Opat. Representative Lyndon Carlson, Sr. and Hennepin County Commissioner Mike Opat were present via Zoom. 4.Consent Agenda The Council considered the following items, which are routine and non-controversial in nature, in a single motion: 4.1 Approval of the minutes from the following meetings: a.The City Council work session on November 12, 2020. b.The City Council special meeting on November 13, 2020. c.The City Council work session on November 17, 2020. d.The City Council meeting on November 17, 2020. 3.1(a) Crystal City Council meeting minutes December 1, 2020 Page 2 of 4 4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a list that is on file in the office of the city clerk. 4.3 Approval of Resolution No. 2020-103, accepting the following donations: a. $5,000 from VFW Post 494 for American Sign Language assistance for Recreation programs. b. $3,000 from VFW Post 494 for Winterfest and Recreation scholarship fund. 4.4 Approval of Resolution No. 2020-104, making annual insurance elections. 4.5 Amending the development agreements for 5238 and 5244 Scott Avenue North to extend the completion deadline for new home construction . 4.6 Approval of Resolution No. 2020-105, for a one-year extension of the Conditional Use Permit for Verizon to build a telecommunications tower at 3200 Vera Cruz Ave nue North. Moved by Council Member Banks and seconded by Council Member Deshler to approve the agenda. By roll call and voting aye: Adams, Banks, Budziszewski, Deshler, Kiser, and LaRoche. Absent, not voting: Parsons. Motion carried. 5. Open Forum The following person addressed the Council during open forum via Zoom: • Kent Morris, regarding the new police facility. 6. Public Hearing 6.1 Mayor Adams announced the purpose of the public hearing: To receive comment, and Council consideration of a resolution approving the 2021 budget, and 2021 property tax and Housing and Redevelopment Authority levies. Finance Director Jean McGann addressed the Council. Mayor Adams opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Adams declared the public hearing closed. Moved by Council Member Banks and seconded by Council Member Budziszewski to adopt the following resolution: RESOLUTION NO. 2020 – 106 RESOLUTION APPROVING 2021 PROPERTY TAX LEVY, 2021 ECONOMIC DEVELOPMENT AUTHORITY PROPERTY TAX LEVY AND 2021 BUDGET By roll call and voting aye: Adams, Banks, Budziszewski, Deshler, Kiser, and LaRoche. Absent, not voting: Parsons. Motion carried, resolution declared adopted. 3.1(a) Crystal City Council meeting minutes December 1, 2020 Page 3 of 4 7. Regular Agenda 7.1 The Council considered approval of disbursements over $25,000 submitted by the finance department to the city council, a list that is on file in the office of the finance department. Moved by Council Member Deshler and seconded by Council Member Kiser to approve the list of disbursements over $25,000. By roll call and voting aye: Banks, Budziszewski, Deshler, Kiser, LaRoche, and Adams. Absent, not voting: Parsons. Motion carried. 7.2 The Council considered acceptance of the Long Term Financial Plan for 2021 – 2031, dated November 18, 2020. Finance Director Jean McGann addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Banks to approve the Long Term Financial Plan for 2021 – 2031. By roll call and voting aye: Budziszewski, Deshler, Kiser, LaRoche, Adams, and Banks. Absent, not voting: Parsons. Motion carried. 7.3 The Council considered approval of the 2021 Fee Schedule, including 2021 Utility rates. City Manager Anne Norris addressed the Council. Moved by Council Member LaRoche and seconded by Council Member Deshler to approve the 2021 Fee Schedule, including 2021 Utility rates. By roll call and voting aye: Deshler, Kiser, LaRoche, Adams, Budziszewski, and Banks. Absent, not voting: Parsons. Motion carried. 7.4 The Council considered approval of a contract with Hennepin County for an embedded mental health social worker in police. Deputy Police Chief Brian Hubbard addressed the Council. Moved by Council Member Deshler and seconded by Council Member Banks to approve a contract with Hennepin County for an embedded mental health social worker in police. By roll call and voting aye: Kiser, LaRoche, Adams, Banks, Budziszewski, and Deshler. Absent, not voting: Parsons. Motion carried. 3.1(a) Crystal City Council meeting minutes December 1, 2020 Page 4 of 4 7.5 The Council considered a resolution authorizing purchase of a replacement pick-up truck. Public Works Director Mark Ray addressed the Council. Moved by Council Member Budziszewski and seconded by Council Member Deshler to adopt the following resolution: RESOLUTION NO. 2020 – 107 APPROVING THE PURCHASE OF A REPLACEMENT PICKUP TRUCK By roll call and voting aye: LaRoche, Adams, Banks, Budziszewski, Deshler, and Kiser. Absent, not voting: Parsons. Motion carried, resolution declared adopted. 8. Announcements The Council made announcements about upcoming events. 7. Adjournment Moved by Council Member Banks and seconded by Council Member Budziszewski to adjourn the meeting. By roll call and voting aye: Adams, Banks, Budziszewski, Deshler, Kiser, and LaRoche. Absent, not voting: Parsons. Motion carried. The meeting adjourned at 8:16 p.m. _____________________________________ Jim Adams, Mayor ATTEST: __________________________________ Christina Serres, City Clerk 3.1(a) Crystal City Council first work session minutes December 1, 2020 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the first work session of the Crystal City Council was held at 6:15 p.m. on December 1, 2020 electronically via Zoom and in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for City Council members and staff: Council members present via Zoom: Adams, Banks (arrived at 6:30 p.m.), Budziszewski, Deshler, Kiser, and LaRoche. Council member Parsons was absent. City Manager A. Norris was present in the Council Chambers at City Hall. City staff present via Zoom: Assistant City Manager/HR Manager K. Therres, Community Development Director J. Sutter, Finance Director J. McGann, Deputy Police Chief B. Hubbard, City Attorney T. Gilchrist and City Clerk C. Serres. Also present were commission applicants Anil Patel via Zoom and Tim Daly in the Council Chambers at City Hall. II.Agenda The Council and staff discussed the following item: 1.Commission applicant interviews. III.Adjournment The work session adjourned at 6:34 p.m. ________________________________ Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 3.1(b) Crystal City Council second work session minutes December 1, 2020 Pursuant to due call and notice given in the manner prescribed by Sectio n 3.01 of the City Charter, the second work session of the Crystal City Council was held at 8:17 p.m. on December 1, 2020 electronically via Zoom and in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. Mayor Adams called the meeting to order. I.Attendance The city clerk recorded the attendance for City Council members and staff: Council members present via Zoom: Adams, Banks, Budziszewski, Deshler, Kiser, and LaRoche. Council member Parsons was absent. City Manager A. Norris was present in the Council Chambers at City Hall. City staff present via Zoom: Assistant City Manager/HR Manager K. Therres, Deputy Police Chief B. Hubbard, Community Development Director J. Sutter, West Metro Fire-Rescue District Chief S. Larson, Recreation Director J. Elholm, City Attorney T. Gilchrist and City Clerk C. Serres. II.Agenda The Council and staff discussed the follo wing item: 1.Race/equity advisory body. III.Adjournment The work session adjourned at 8:26 p.m. ________________________________ Jim Adams, Mayor ATTEST: Christina Serres, City Clerk 3.1(b) Page 1 of 3 City of Crystal Council Meeting December 15, 2020 Applications for City License Fireworks Super Valu, Inc /Cub Foods #30124, 5301 36th Ave N, Crystal, MN 55422 Target Corp #3 5537 West Broadway Crystal, MN 55428 Massage Therapist CuiPing Li (Natural Wellness Spa) 5524 West Broadway Crystal, MN 55428 Gregory Johnson, 3437 Kyle Ave N, Crystal, MN 55422 JingJing Yang (Natural Wellness Spa) 5524 West Broadway Crystal, MN 55428 Theresa Johnson (MTJ Enterprises Inc), 7215 58th Ave N, Crystal, MN 55428 Jo Ellen Kanne (Massage by Jo) 5747 West Broadway Crystal, MN 55428 Massage Therapy Enterprise CuiPing Li (Natural Wellness Spa) 5524 West Broadway Crystal, MN 55428 Gregory Johnson, 3437 Kyle Ave N, Crystal, MN 55422 Theresa Johnson (MTJ Enterprises Inc), 7215 58th Ave N, Crystal, MN 55428 Jo Ellen Kanne (Massage by Jo) 5747 West Broadway Crystal, MN 55428 Rental – New 2916 Louisiana Ave N – Hennepin RP Funding LLC (Conditional) 3824 Welcome Ave N – Xingquan Li 5233 Xenia Ave N – HPA US1 LLC (Conditional) Rental – Renewal 3306 Adair Ave N – Restart Inc 4425 Adair Ave N – Adair Properties LLC (Conditional) 5757 Adair Ave N – Invitation Homes (Conditional) 5017 Angeline Ave N – Clifford J Benson 5319 Angeline Ave N – Brett Johnson (Conditional) 5340 Byron Ave N – Byron Bohlsen 6332 Corvallis Ave N – Mackenzie Broughton (Conditional) 3246 Douglas Dr N – Bassett Creek Apartments LLC (Conditional) 3408 Douglas Dr N – Wally Anderson 5450-5500 Douglas Dr N – Cedarwood Investors LLC (Conditional) 5115 Edgewood Ave N – Bone Creek Partners LLC (Conditional) 5146 Edgewood Ave N – Bone Creek Partners LLC (Conditional) 6812 Fairview Ave N – Lowell Saumweber 4213 Hampshire Ave N – Iuliyan Damyan (Conditional) 5913 Hampshire Ave N – Juniper Land Trust LLC (Conditional) 4065 Idaho Ave N – Harry Green LLC (Conditional) 4812-4814 Idaho Ave N – Jon Proulx (Conditional) 2726-2728 Jersey Ave N – Thomas and Alice Conover 3010-3012 Kentucky Ave N – Lauren Merritt (Conditional) 5331 Kentucky Ave N – Brad Buechele 5737 Kentucky Ave N – Kentucky Villa LLC (Conditional) 3.2 Page 2 of 3 3524 Kyle Ave N – Sogdiana LLC (Conditional) 6030 Lakeland Ave N – Apartauto Inc (Conditional) 6329 Lombardy La – Larry and Christine Howieson 2700 Louisiana Ave N – Cynthia Theisen Dougherty 4806 Louisiana Ave N – Shea Nelsen 3224 Maryland Ave N – Andrew Berenberg 5412 Maryland Ave N – Grigoriy Vayntrub 5625 Nevada Ave N – Bachaus Investment Props LLC 5448 Orchard Ave N – Brian Gustafson 5708 Oregon Ct N – Hung Huynh 3524 Quail Ave N – Iasis VIII LLC (Conditional) 5932 Rhode Island Ave N – Camden LLC 5424 Toledo Ave N – JDA Group LLC 3317 Welcome Ave N – Daniel and Angelica Gil 5000 Wilshire Blvd – Michael Johnson 3425 Xenia Ave N – Tiki Properties LLC (Conditional) 4712 Yates Ave N – Hawkeye Real Estate 5714 Yates Ave N – Brian and Jenny Leonard 4230 Zane Ave N – YeeTee Wang (Conditional) 4409 Zane Ave N – 4800 C Heights LLC (Conditional) 8004 34th Pl N – IH2 Property Illinois LP 8033 34th Pl N – IH2 Property Illinois, LP (Conditional) 6908 35th Pl N – FYR SFR Borrower LLC (Conditional) 6901-6903 36th Ave N – James Henkel & Randall Rada 6909-6911 36th Ave N – Bengt Lund/Jan Jordet (Conditional) 6920 45th Ave N – Robert Loukinen 6928 45th Pl N – HPA II Borrower 2020-1 ML LLC 5332 49th Ave N – Vijay Venkataraman and Vidya Vijay 7206 58th Ave N – C & N Wescoe Bauman (Conditional) Secondhand Goods Dealers Exempt Bibles for Missions Thrift Store, 4713 36th Ave N, Crystal, MN 55422 Tobacco Advanced Mercantile dba Liquor Barrel Wine & Spirits 5628 West Bdwy Crystal, MN 55428 Almsted Enterprises Inc, dba Almsteds Fresh Market, 4200 Douglas Dr N, Crystal, MN 55422 Crystal Tobacco & Cigar Inc., dba Tobacco Outlet, 123 Willow Bend, Crystal, MN 55428 Dark Horse Vapors, 5522 West Bdwy, Crystal, MN 55428 DKK, LLC dba Crystal Wine and Spirits, 4920 West Broadway, Crystal, MN 55429 Down in the Valley, 5586 West Bdwy, Crystal, MN 55428 Liquor Barrel, 2728 Douglas Dr N, Crystal, MN 55422 Super Valu, Inc /Cub Foods #30124, 5301 36th Ave N, Crystal, MN 55422 Tara Foods Inc, dba Mini Grocery, 2708 Douglas Dr N, Crystal, MN 55422 Times Tobacco 1 dba Times Tobacco 6016 42nd Ave N Crystal, MN 55422 Trilogy LLC 2712 Douglas Dr N Crystal, MN 55422 VFW Post #494, 5222 56th Ave N, Crystal, MN 55429 Walgreens #5883, 6800 56th Ave N, Crystal, MN 55428 Zahid Beverage Group dba Crystal Liquor Warehouse, 6200 56th Ave N, Crystal, MN 55429 3.2 Page 3 of 3 Tree Trimmer Nick’s Tree Service 9000 Foxline Dr Corcoran, MN 54340 Sav A Tree 8000 Powell Rd Ste 160 Hopkins, MN 55343 Urban Foresters 4656 Hillsboro Ave N New Hope, MN 55428 3.2 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 2021 CRYSTAL CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE Regular meetings of the Crystal City Council are generally held the first and third Tuesday of each month in the Council Chambers at City Hall, 4141 Douglas Dr. N., beginning at 7 p.m. In addition, the City Council holds regular work session meetings before and after regular City Council meetings at City Hall. Standing work sessions are held immediately following the regular City Council meeting and Economic Development Authority (EDA) meeting, if scheduled. Additional work sessions are held beginning at 6:30 p.m. Moreover, regular additional work sessions of the City Council are held on the second Thursday of each month at City Hall beginning at 6:30 p.m. If the date of a regular meeting falls on a holiday or an election day, the date of the rescheduled meeting is reflected on the schedule. If an additional meeting is held, or if a regular meeting is rescheduled to a different date, time, or place, notice of the meeting will be posted at City Hall and on the City’s website. All meetings are open to the public, but the City Council may close meetings to the public to conduct business authorized or required by law to be conducted in a closed session. *Denotes a change in the regular meeting or work session schedule. January July Jan. 5 City Council and work session meetings July 8 Work session meeting Jan. 14 Work session meeting July 20* City Council and work session meetings Jan. 19 City Council and work session meetings (one meeting in July on 3rd Tuesday) February August Feb. 2 City Council and work session meetings Aug. 5* Budget work session meeting Feb. 11 Work session meeting Aug. 17* City Council and work session meetings Feb. 16 City Council and work session meetings (one meeting in August on 3rd Tuesday) Aug. 26* Budget work session meeting March September March 2 City Council and work session meetings Sept. 9* City Council and work session meetings March 11 Work session meeting Sept. 21 City Council and work session meetings March 16 City Council and work session meetings Sept. 23* Work session meeting April October April 6 City Council and work session meetings Oct. 5 City Council and work session meetings April 8 Work session meeting Oct. 14 Work session meeting April 20 City Council and work session meetings Oct. 19 City Council and work session meetings May November May 4 City Council and work session meetings Nov. 2 City Council and work session meetings May 13 Work session meeting Nov. 16 City Council and work session meetings May 18 City Council and work session meetings Nov. 18* Work session meeting June December June 1 City Council and work session meetings Dec. 7 City Council and work session meetings June 10* No work session meeting Dec. 9 Work session meeting June 15 City Council and work session meetings Dec. 21 City Council and work session meetings All regular city council meetings are broadcast live on CCX Media cable. The most recent meeting is rebroadcast Sunday, Wednesday and Friday at 6:30 p.m.; Monday and Saturday at 10:30 a.m.; and Tuesday and Thursday at 1 p.m. Meeting webstreaming is available at www.nwsccc.org/crystal.aspx. 3.3 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2020 - RESOLUTION DESIGNATING 2021 POLLING LOCATIONS IN CRYSTAL WHEREAS, Minnesota Statutes § 204B.16 requires that cities designate polling locations for each election precinct within their city; and WHEREAS, per statute this must be done by December 31 of each year and the city will designate by resolution; and WHEREAS, the following locations are designated: Ward 1, Precinct 1: FAIR School Crystal, 3915 Adair Ave. N. Ward 1, Precinct 2: FAIR School Crystal, 3915 Adair Ave. N. Ward 1, Precinct 3: FAIR School Crystal, 3915 Adair Ave. N. Ward 2, Precinct 1: Crystal Community Center, 4800 Douglas Dr. N. Ward 2, Precinct 2: Crystal City Hall, 4141 Douglas Dr. N. (Combined with Ward 2, Precinct 3) Ward 2, Precinct 3: Crystal City Hall, 4141 Douglas Dr. N. (Combined with Ward 2, Precinct 2) Ward 3, Precinct 1: Crystal Community Center, 4800 Douglas Dr. N. (Combined with Ward 4, Precinct 2) Ward 3, Precinct 2: St. James Lutheran Church, 6700 46th Pl. N. Ward 3, Precinct 3: Crystal Community Center, 4800 Douglas Dr. N. Ward 4, Precinct 1: Cornerstone Church Crystal, 5000 West Broadway Ward 4, Precinct 2: Crystal Community Center, 4800 Douglas Dr. N. (Combined with Ward 3, Precinct 1) WHEREAS, if a location changes, a re-designation will be a separate action prior to election with notice sent to registered voters at least 25 days before the next election. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal, Minnesota that the polling locations listed above are the designated 2021 polling locations in Crystal. Adopted by the Crystal City Council this 15th day of December, 2020. ____________________________ Jim Adams, Mayor ATTEST: ___________________________ Christina Serres, City Clerk 3.4 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.6 3.6 3.6 3.6 3.7 3.7 3.7 3.7 3.7 3.7 3.7 3.8 3.8 3.8 3.8 3.9 4141 Douglas Drive North • Crystal, Minnesota 55422-1609 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov SUMMARY OF DECEMBER 10, 2020 CLOSED CITY COUNCIL WORK SESSION The Crystal City Council held a closed work session pursuant to Minnesota Statutes, section 13D.05, subdivision 3(a) on December 10, 2020, for the purpose of evaluating the performance of the City Manager. Pursuant to the same section of the Open Meeting Law, the City Council is required to summarize its conclusions regarding the evaluation at its next open meeting. The City Council discussed the City Manager’s performance and will consider renewal of the City Manager’s contract at its December 15, 2020 regular City Council meeting and will proceed with develop ing the City Manager’s 2021 work plan. 3.10 CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police CC: Anne Norris, City Manager DATE: December 9, 2020 SUBJECT: Consent Agenda: December 15, 2020 Council Meeting ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM BACKGROUND Last month you approved the city prosecutor contract for 2021. I apologize as I forgot to add the following documents for your approval: Joint Powers Agreement, CJDN Agreement, Resolution, and Integration Request. CONSIDERATION We are asking for your approval of these documents so our city prosecutor may have access to our records management systems. As always, please let me know if you have any questions. Thanks. 3.11 SWIFT Contract # 182827 MN027051A 1 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Crystal on behalf of its Prosecuting Attorney ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA’s systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 3.11 SWIFT Contract # 182827 MN027051A 2 2.4 Agency policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca- divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must 3.11 SWIFT Contract # 182827 MN027051A 3 keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Agency will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her successor. The Agency's Authorized Representative is Thomas Weidner, City Attorney, 1809 Northwestern Avenue, Suite 110, Stillwater, MN 55082, (651) 351-2119, or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 3.11 SWIFT Contract # 182827 MN027051A 4 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, “Individual User” means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a 3.11 SWIFT Contract # 182827 MN027051A 5 collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. 3.11 SWIFT Contract # 182827 MN027051A 6 The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY Name: _____________Jim Adams_______________________ (PRINTED) Signed: ____________________________________________ Title: ______City Mayor______________________________ (with delegated authority) Date: ______________________________________________ Name: _________________Chrissy Serres_______________ (PRINTED) Signed: ____________________________________________ Title: _______City Clerk______________________________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 3.11 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Crystal on behalf of its Prosecuting Attorney (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 182827, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 3.11 2 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 3.11 3 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties 3.11 4 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 3.11 5 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 3.11 6 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 3.11 7 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 3.11 8 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 3.11 9 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 3.11 10 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: _____________Jim Adams__________________ (PRINTED) Signed: _______________________________________ Title: ___________City Mayor_________________ (with delegated authority) Date: ________________________________________ Name: ________Chrissy Serres____________________ (PRINTED) Signed: _______________________________________ Title: _______City Clerk_________________________ (with delegated authority) Date: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►►GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 1 of 8 Request Form for Court Integration Services (Exhibit A) Copyright © 2005-2020 by the State of Minnesota, State Court Administrator's Office, All Rights Reserved. 2. Subscriber Information (ALL FIELDS ARE REQUIRED) (a) Today’s Date: (b) Subscriber Name: (Exactly as stated on page 1 of attached agreement.) City of Crystal (c) Subscriber Business Unit/Dept. Requesting Services: (If different than Subscriber Name at left.) City Prosecutor for the City of Crystal (d) Subscriber Contact Person (e) Subscriber Manager Authorizing Request (If different than Subscriber Contact Person at left.) Name: Thomas Weidner Name: Chrissy Serres Position/Title: Managing Prosecutor Position/Title: City Clerk Mailing Address: 1809 Northwestern Avenue, Stillwater, MN 55082 Mailing Address: 414 Douglas Drive North, Crystal, MN 55422 Phone: 651-439-2878 Phone: 763-531-1000 Email: tweidner@eckberglammers.com Email: chrissy.serres@crystalmn.gov (f) Describe Routing Path for Messages (all applications, brokers, and third parties) Describe the routing path for messages between Subscriber and Court. List all system applications, brokers, and third parties that are authorized to receive or route messages on your behalf. Attach a diagram for clarity, if needed. By describing or attaching the routing path here, Subscriber represents that it will take all appropriate action to ensure protection, confidentiality, and security of Court Records at each point along the entire routing path, as required by the Master Subscriber Agreement. The Court hereby directs Subscriber, as part of Subscriber’s protection, confidentiality, and security obligations, to provide a copy of this final approved form to all listed below, to serve as a record of the message routing request and agreement entered into between the Subscriber and Court. 1. Name of Application, Information Broker, or Other Component: Eckberg Lammers "Domino Server" devoted to Law Enforcement Network System (LENS) databases Description: Domino Server located at Eckberg Lammers, Stillwater Officer, devoted to LENS databases Contact Person/Administrator (include name, address, phone, and email): Kim Pepera, 1809 Northwestern Avenue, Stillwatwer, MN 55082, 651-351-2129; kpepera@eckberglammers.com 2. Name of Application, Information Broker, or Other Component: Description: Contact Person/Administrator (include name, address, phone, and email): 3. Name of Application, Information Broker, or Other Component: Description: Contact Person/Administrator (include name, address, phone, and email): (g) Subscriber’s IP Address If you plan to connect to the Court’s server using web services, please include the information below. If you use MQ Series, leave this section blank. IP Address for the Development Server: 50.241.56.13 IP Address for the QA Server: IP Address for the Production Server: 1. Instructions to Subscriber (This form for use by government entities only.) This Request Form is for government use only and is required to subscribe to one or more Integration Services as described herein. It must be submitted with an existing or new Master Subscriber Agreement. Please follow the detailed instructions at the end of this form. 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 2 of 8 3. Case Record Categories – Required for Services Under Sections 4(a) and 4(b), but not 4(c) 3(a) Public Case Records All Public Case Records (Statewide) Public case records are available to all government subscribers. 3(b) Confidential Case Records Access to confidential case records is defined by government Agency Type. Indicate subscribing Agency Type: County Attorney Public Defender Corrections/Probation Social Services Law Enforcement City Attorney Other Specify More information regarding access to confidential case records can be found in the linked Court Integrations Services Subscriber Access Overview document. 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 3 of 8 4. Integration Services – Catalog of Offerings Note: Subscribers will be limited to the case type data their agency can receive. 4(a) Queries – Send “case lookup” requests to Integration Services and receive back case or party information. Note: The scope of the Queries are defined by the counties and case categories approved under Section 3 of this Request Form. CaseGet Case Search by Party DocumentGet 4(b) Notifications – Receive notifications from Integration Services upon the occurrence of key business events. Note: Case Notifications are limited to counties and case categories approved under Section 3 of this Request Form. Case Notifications (Select the jurisdictional level at which you want to receive notifications and one or more events, below.) At what jurisdictional level do you want to receive notifications? Hennepin County County (if more than one, list each county) Judicial District Statewide CASE RECORDS Events for Case Types For each notification (bold header), select the case types you want to receive. *View the Subscriber Access Overview to determine if your agency can receive access to confidential case records and case types. +Case types that include public and confidential cases. Agency Notes Adult Criminal Adult Traffic Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Appeal Adult Criminal Adult Traffic Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Case Detail Adult Criminal Adult Traffic Juvenile Delinquency +16 Civil Domestic Violence*+ Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ Paternity*+ Divorce Guardianship (Family) Other Family Support All Case Types*+ Case Initiation Adult Criminal Adult Traffic Juvenile Delinquency +16 Civil Domestic Violence*+ Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ Paternity*+ Divorce Guardianship (Family) Other Family Support Mental Health (Probate) Case Security Adult Criminal Adult Traffic Juvenile Delinquency +16 Civil Domestic Violence*+ Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ Paternity*+ Divorce Guardianship (Family) Other Family Support All Case Types*+ Charge Adult Criminal Adult Traffic Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 4 of 8 Civil Commitment Adult Criminal Adult Traffic Mental Health (Probate) Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Court Decisions Adult Criminal Adult Traffic Juvenile Delinquency +16 Civil Domestic Violence*+ Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ Paternity*+ Divorce Guardianship (Family) Other Family Support Mental Health (Probate) Custody Release Order Adult Criminal Adult Traffic Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Disposition Adult Criminal Adult Traffic Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ Hearing Adult Criminal Adult Traffic Juvenile Delinquency +16 Civil Domestic Violence*+ Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ Paternity*+ Divorce Guardianship (Family) Other Family Support All Case Types*+ Interim Conditions Adult Criminal Adult Traffic Juvenile Delinquency +16 Civil Domestic Violence*+ Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ Paternity*+ Divorce Guardianship (Family) Other Family Support All Case Types*+ Juvenile Interim Placement Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ No Contact Order Adult Criminal Adult Traffic Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Other Agency Cross Reference Adult Criminal Adult Traffic Juvenile Delinquency +16 Civil Domestic Violence*+ Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ Paternity*+ Divorce Guardianship (Family) Other Family Support All Case Types*+ Probation Order Adult Criminal Adult Traffic Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Probation Report Adult Criminal Adult Traffic Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ Paternity*+ Divorce Guardianship (Family) Other Family Support 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 5 of 8 Public Defender Order Adult Criminal Adult Traffic Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Subject Party Adult Criminal Adult Traffic Juvenile Delinquency +16 Civil Domestic Violence*+ Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ Paternity*+ Divorce Guardianship (Family) Other Family Support Transport Adult Criminal Adult Traffic Juvenile Delinquency +16 Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Warrant Adult Criminal Adult Traffic Juvenile Delinquency +16 Civil Domestic Violence*+ Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ Paternity*+ Divorce Guardianship (Family) Other Family Support All Case Types*+ PARTY RECORDS Party Merge Case Notifications (Custom Request) At what jurisdictional level do you want to receive notifications? Hennepin County (if more than one, list each county) Judicial District Statewide Describe your custom request for Case Notifications here or on an attached sheet: Bond Notifications (free standing – not yet linked to cases) Because free-standing bonds may later be linked to confidential cases, this selection is offered only to applicants who have authorization for confidential cases under Section 3(b), and the jurisdiction below must match that authorization. For which counties? County (if more than one, list each county) Judicial District Statewide Bond Notifications (linked to cases) Select One or Both: Public Cases Confidential Cases For which counties? County (if more than one, list each county) Judicial District Statewide 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 6 of 8 Document Notifications At what jurisdictional level do you want to receive notifications? Hennepin County (if more than one, list each county) Judicial District Statewide DOCUMENTS For each document notification (bold header), select the case types you want to receive. *View the Subscriber Access Overview to determine if your agency can receive access to confidential documents and case types. +Case types that include public and confidential cases. Arrest Warrant Adult Criminal Adult Traffic Juvenile Delinquency +16 Civil Domestic Violence*+ Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* Parent-Child Relationship*+ CHIPS – Truancy*+ CHIPS – Runaway*+ Paternity*+ Divorce Guardianship (Family) Other Family Support All Case Types*+ Tax Court Petition Tax Court Sentence Order Adult Criminal Adult Traffic Juvenile Delinquency +16* Juvenile Delinquency* Juvenile Extradition* Juvenile Petty* Juvenile Traffic* 4(c) Submissions – Submit data to Integration Services, such as hearings, warrant statuses, or other submissions listed below. Note: In general, submissions that initiate cases are filed through the Bureau of Criminal Apprehension (BCA). For more details on submissions, please refer to the Integration Services Catalog of Offerings. MNCIS E-Filing (Case) Attorney Assignment (Defense) For which county? County Attorney Assignment (Prosecution) For which county? County Biometric Collection Status For which county? County Case Detention Status For which counties? For which county? County Citations Adult Batch Issuing Agency ORI: Submitting Agency ORI: For which county? County Adult Single Juvenile Single Criminal Complaints For which county? County External Case Identifier (Case Cross Reference Number) For which county? County Initial Release Conditions For which county? County Interpreter Status For which county? County Juvenile Petitions For which county? County Other Agency Note For which county? County Professional Party Assignment For which county? County Schedule Hearing For which county? County 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 7 of 8 Tab Charges For which county? County Warrant Status Update For which county? County MNCIS E-Filing (Person) – This selection has statewide impact. Person Other ID eFS E-Filing – This selection has statewide impact. Note: Access to these services automatically includes access to the required eFS Query Services. Subsequent Filing Attach and Detach Service Contacts 5. Approval / Signatures Fill out the Subscriber signature block below. A handwritten signature is optional. Instead you may use a typed signature such as /s/ Firstname Lastname. Attach your Master Subscriber Agreement, which may be a copy of an existing agreement or a new agreement signed and submitted for the first time with this Request Form. SUBSCRIBER THE COURT I hereby approve and submit this request on behalf of Subscriber. I acknowledge that I have read and will notify all individuals who use or receive data under this account of the provisions in the attached Master Subscriber Agreement, including, without limitation, the Policies & Notices Section 5 on the Use of Third Parties to Deliver Messages, and agree to take appropriate action as described in that section and elsewhere in the Master Subscriber Agreement. If approved, this request should be signed by District Administration. By: By: (handwritten signature or typed name preceded by “/s/”) (handwritten signature optional ) Date: Date: Name: Chrissy Serres Name: (typed) (typed) Title: City Clerk Title: Office: City of Crystal Office: 6. How to Submit this Form • Send this Request Form and a scanned copy of your executed Master Subscriber Agreement by email to: MJCMNCISGovtAccessProcedural@courts.state.mn.us. 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 8 of 8 7. ITD Use Only Identify Applicable Master Subscriber Agreement Here: Account ID Purpose (Queries/Notifications/Submissions) Routing Date and Initials Routed To Court Services Business Education and Support Unit Configuration Other: 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 1 of 6 Instructions for Request Form for Court Integration Services (Exhibit A) Copyright © 2005-2018 by the State of Minnesota, State Court Administrator's Office, All Rights Reserved. Section 1. Instructions to Subscriber How to Complete the Request Form This form is for use by government agencies only. This Request Form is for government use only and is required to subscribe to one or more Integration Services. It may be submitted on behalf of a government business unit, division, or entire agency. It must be submitted with an existing or new Master Subscriber Agreement, or it will be returned to you. For a blank master subscriber agreement, visit http://www.mncourts.gov/mncourtsgov/media/MGA/Documents/Master-Subscriber-Agreement.pdf and follow the instructions at the back of the agreement. If your agency has already signed a Master Subscriber Agreement that covers your business unit, please do not submit a new one. Instead, find a copy of your agency’s existing agreement and send a copy of it with this Request Form. Be sure your agency’s agreement has been executed in a manner that covers the business unit/department staff who will receive data under the Request Form, as you will describe in Sections 2(b) and 2(c). If you are unsure, please consult your legal department. When submitted with a valid Master Subscriber Agreement, this Request Form becomes an Exhibit to that agreement and is bound by its terms. Complete this entire form as indicated in the detailed instructions, below. Incorrectly completed request forms will be returned. You may complete the form by hand, but we recommend you complete it electronically. Tip: This is a Microsoft Word document. To complete this form electronically: 1) save to your computer, 2) press Tab to fill out the form fields, and 3) save. Detailed Instructions Section 2. Subscriber Information 2(a) Today’s Date. Provide today’s date. 2(b) Subscriber Name. Identify the official name of your government entity at its highest level. For example: “Hennepin County,” “City of Chisago,” or “MN Dept. of Public Safety”. DO NOT include your division, department, or business unit name in this field. Your business unit/dept. name goes in the next field, 2(c). Section 2(b) and 2(c) together should properly identify your entity name and business unit(s)/department(s). 2(c) Subscriber Business Unit/Dept. Requesting Services. Identify the name of your division, department, or business unit within your entity. Section 2(b) and 2(c) together should properly identify your entity name and business unit(s)/departments(s). For example, your business unit may be the “Corrections Department” of a county, the “Police Department” of a city, or the “Enforcement Division” of a state agency. Or, if you are requesting Court Integration Services on behalf of all departments and business units in your entity, then you can type “All departments/units”. 2(d) Subscriber Contact Person. Provide contact information for a primary contact representative of your business unit who we can contact as we review your application and correspond with you to provide important login and other account information. 2(e) Subscriber/Manager Authorizing Request. Provide contact information for a manager in your business unit who is authorized to approve this request on behalf of your business unit. 2(f) Describe Routing Path for Messages (all applications, brokers, and third parties). Use this section to fully describe the routing path that all messages will take between the Subscriber and the Court. Identify and fully describe each point along the way, including each application, broker, and third party that is part of the routing path. Include contact information for each system administrator or third party that has a role in the routing path. If the routing path for sending messages to the Court is different than receiving messages from the Court, then clearly describe the routing path in both directions. Attach and make reference to a diagram if needed for clarity. For example, if a county attorney wants messages routed from the Court to the local county-owned information broker and then to the county attorney case management application that is used by staff but maintained by a third party vendor, Section 2(f) should include two entries: 1) identification of the local county-owned information broker; and 2) identification of the county attorney case management application (with identification of the 3rd party vendor). Both items should be completed as described on the form (name, description, and contact person/administrator). Instructions to subscriber continued on next page. 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 2 of 6 Instructions to subscriber continued from previous page. As another example, if a city police department wants to submit batch citations to the court through the BCA e-Charging application, then Section 2(f) should include two entries: 1) identification of the city police department records management application; and 2) identification of the BCA e-Charging application. This section is important from both a technical and legal perspective. It not only describes the technical routing path for all messages, it also conveys Subscriber’s authorization to the Court to send and receive Subscriber’s messages as described, in most cases to someone other than Subscriber’s immediate staff. Section 2(f) of the form states: “By describing or attaching the routing path here, Subscriber represents that it will take all appropriate action to ensure protection, confidentiality, and security of Court Records at each point along the entire routing path, as required by the Master Subscriber Agreement.” Because this Request Form, upon Court approval, becomes an Exhibit to the Master Subscriber Agreement and its terms are incorporated in the Master Subscriber Agreement by reference, the statements in Section 2(f) become part of Subscriber’s legal obligation. Without limiting Subscriber’s contractual obligations as referenced above and in the Master Subscriber Agreement, in Section 2(f) the Court also directs each Subscriber to provide a copy of all approved Request Forms and Change Request Forms to all system administrators and third party agents as a control mechanism to help secure and protect the Subscriber’s authorized Court Records. If you are not sure of the best routing path, please identify at least the end-user application that will ultimately receive or send messages and make a note in Section 2(f) for the Integration Services Team to call you. After the final routing path is determined, you may be asked to update Section 2(f) and re-submit the form. If the Integration Services Team makes modifications to the routing path based on your discussion, your participation in the process and use of the messages sent through the final routing path constitutes your agreement and your recognition of your legal obligations to ensure protection, confidentiality, and security of Court Records along such path. Please read Policies & Notices for Court Integration Services Government Subscriber Accounts for more discussion of the use of third party agents for delivering messages, which is available at: http://www.mncourts.gov/is/ (select “Request Access” from the right menu bar). 2(g) Subscriber’s IP Address. If you plan to connect to the Court’s server using web services, please include the information requested. If you use MQ Series, leave this section blank. Section 3. Case Record Categories – Required for Services Under Sections 4(a) and 4(b), but not 4(c) Subscribers should designate their Agency Type. Based on Agency Type, the following Case Record Categories are offered: 3(a) Public Case Records (Statewide). This option includes records classified as accessible to the public under Public Access Rule 4, Accessibility to Case Records. Detail on Public Case Record Categories: The Case Record Categories listed below correspond with MNCIS “Base Case Types,” which tend to include multiple “case types” within the category. o Adult Criminal Case Records. This category includes the following case types: Criminal/Traffic Mandatory Mandatory: All felony and gross misdemeanor cases, and misdemeanor cases where there is a mandatory court appearance. Extradition Out of State No Contact Order Note: Old TCIS case types are too numerous to list here, but they may exist on cases initiated in TCIS. o Adult Traffic Case Records. This category includes the following case types: Criminal/Traffic Non-Mandatory Non-Mandatory: All petty misdemeanor cases, and misdemeanor cases where a court appearance is not mandatory. Note: Old TCIS case types are too numerous to list here, but they may exist on cases initiated in TCIS. o Juvenile Delinquency Case Records. This category includes the following case types: Delinquency Felony (Age 16 and Older) Note: Older delinquency felony cases (age 16 and older) that were originated on the old TCIS system are not accessible through this category because they are not classified as public. They are only accessible through the confidential Juvenile Case Record option in Section 3(b), below, because they were converted to confidential cases in the new MNCIS Odyssey case management system. Instructions to subscriber continued on next page. 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 3 of 6 Instructions to subscriber continued from previous page. o Parent-Child Relationship Case Records. This category includes the following case types: CHIPS CHIPS – Delinquency Under 10 CHIPS – Educational Neglect CHIPS – Voluntary Placement (Other) Termination of Parental Rights Voluntary Placement (ED DD) o Divorce Case Records. This category includes the following case types: Annulment Dissolution with Child Dissolution without Child Summary Dissolution o Support Case Records. This category includes the following case types: Support Old TCIS Case Types (no longer used for new cases) Exped Process-LngArm Expedited process Interstate Suppt (in) Interstate Suppt (out) o Civil Domestic Violence Case Records. This category includes the following case types: Domestic Abuse o Guardianship (Family) Case Records. This category includes the following case types: Custody Transfer of Legal Custody Old TCIS Case Types (no longer used for new cases) Child Custody o Other Family Case Records. This category includes the following case types : Legal Separation Separate Maintenance Family Other o All Case Types. This category includes the following case types: All Criminal All Family All Civil All Probate/Mental Health o Mental Health (Probate) This category includes the following case types: Commitment - Sexual Psychopathic Personality Commitment - Chemically Dependent Commitment - Multiple Types Commitment - Mentally Ill, Dev Disabled and Dangerous Commitment - Mentally Ill & Chemically Dependent Commitment - Mentally Ill and Dangerous Commitment - Mentally Ill Commitment - Mentally Ill, Dev Disabled & Chem Dependent Commitment - Mentally Ill and Developmentally Disabled Commitment - Developmentally Disabled Commitment - Psychopathic Person Substitute Decision Maker Commitment - Sexually Dangerous Person Public Health Order Enforcement Commitment - Sexual Dangerous & Psychopathic Personality Instructions to subscriber continued on next page. 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 4 of 6 Instructions to subscriber continued from previous page. 3(b) Confidential Case Records. Confidential case records are offered on a more restricted basis than public case records. Detail on Confidential Case Record Categories: The case record categories listed below correspond with the case record categories listed in Section 3(b) on the Request Form. These case record categories also correspond with “base case types” in MNCIS, which tend to include multiple “case types” within the category. : o Juvenile Case Records. This category includes the following case types: Delinquency Juvenile Petty Offense Juvenile Traffic Juvenile Extradition o Parent-Child Relationship Case Records. This category includes the following case types: CHIPS CHIPS – Delinquency Under 10 CHIPS – Educational Neglect CHIPS – Runaway CHIPS – Truancy CHIPS – Voluntary Placement (Other) Termination of Parental Rights Voluntary Placement (ED DD o Civil Domestic Violence (prior to service) Case Records. This category includes the following case types: Domestic Abuse (prior to service). Note: Civil Domestic Violence (domestic abuse) cases are accessible to the public and available under the Public Case Records category in Section 3(a), except for specific cases that have not yet been served and are therefore deemed confidential. To access these cases with confidential status, this case category must be requested and approved. Guidance on Requesting Confidential Case Record Categories: Confidential Case Record Categories are available only to some government agencies based on their Agency Type (County Attorney, Social Services, etc.) Please review the Court Integrations Services Subscriber Access Overview document to determine what confidential Case Record Categories your office is eligible to receive. Instructions to subscriber continued on next page. 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 5 of 6 Instructions to subscriber continued from previous page. Section 4. Integration Services – Catalog of Offerings Section 4 of this form provides your agency with options for receiving case record information. These options are offered at the business unit level, not at the individual user level. Each business unit should submit a Request Form to request one or more of these offerings. Agencies should choose Case Record Categories that most closely meet their business needs for court records and for which they have legal authority to gain access. They should consider their business needs at the business unit/department level and not request broader access than needed. All requests are subject to approval of the State Court Administrator and/or the custodian of the records requested. The Integration Catalog of Services is available at: http://www.mncourts.gov/is/. Detailed information about all offerings is available there. Three main offerings are currently available: 1) Queries; 2) Notifications; and 3) Submissions. 4(a) Queries. Three Query options are offered at this time: CaseGet, Case Search by Party, and DocumentGet. These services allow agencies to request and retrieve case information or documents on an ad hoc basis. CaseGet allows agencies to request MNCIS Odyssey case information by specifying desired case and type of data. Case Search by Party allows agencies to search for cases using party identifying information. DocumentGet allows agencies to search for and request MNCIS case documents. Case types and jurisdictions for the services are limited to the case types and jurisdictions for which authorization has been obtained under Section 3 of the Request Form. Detailed information regarding the CaseGet service is available at: http://www.mncourts.gov/Integration-Services/CaseGetDetails.aspx. Detailed information regarding the Case Search by Party service is available at: http://www.mncourts.gov/Integration- Services/CaseSearchByPartyDetails.aspx. Detailed information regarding the DocumentGet service is available at: http://www.mncourts.gov/Integration-Services/DocumentGetDetails.aspx. 4(b) Notifications. Two Notification options are offered at this time: Case Notifications and Bond Notifications. The Case Notifications service delivers notification messages to the agency system automatically when specific events occur. The specific events, case types, and jurisdictions for which notification messages are needed must be specified, and are limited to the case types and jurisdictions for which authorization has been obtained under Section 3 of this Request Form. Before selecting the desired Case Notifications, select the jurisdictional level at which you want to receive notifications (e.g., county, judicial district, or statewide). Case Notifications are available according to two security classifications: Public Case Records and Confidential Case Records. You must have authorization to request Confidential Case Records. Please select the desired notifications, as needed. If you have a custom request for Case Notifications, complete the applicable section. Detailed information regarding the Case Notifications service and the available notifications is posted at: http://www.mncourts.gov/Integration-Services/NotificationServices.aspx. The Bond Notifications service delivers notification messages to the agency system automatically when specific events occur. The specific jurisdictions for which notification messages are needed must be specified, and are limited to the counties and case categories for which authorization has been obtained under Section 3 of this Request Form. Detailed information regarding the Bond Notifications service is available at: http://www.mncourts.gov/is/. If you select the Case Notifications or the Bond Notifications offering, you must also indicate your requested jurisdiction. The jurisdiction selections are repeated here to offer you the opportunity to narrow your jurisdiction selection within the jurisdiction you selected in Section 3 of this Request Form. For example, you may want the ability to use the CaseGet feature in Section 4(a) of this form for the entire jurisdiction selected in Section 3 of this form, but you may only want to receive automatic Case Notifications for a particular county. As another example, if you selected Public Case Records under Section 3 of this form, which automatically provides statewide record access, you may want to limit the Notifications you receive in Section 4(b) of this form. You also may specify the Events for Public and/or Confidential Case Categories for which you want to receive automatic Notifications. If you do not select any Events, you will not receive any Notifications. 4(c) Submissions. Two Submission options are offered at this time: MNCIS E-Filing (Case) and MNCIS E-Filing (Person). The MNCIS E-Filing (Case) services allow agencies to submit data to initiate a case in MNCIS Odyssey or add data to a case in MNCIS Odyssey. The MNCIS E-Filing (Person) service allows agencies to submit person identifiers to a statewide party record in MNCIS Odyssey. Detailed information regarding the MNCIS E-Filing (Case) service and MNCIS E-Filing (Person) service is available at: http://mncourts.gov/mncourtsgov/media/IntegrationServices/IntegratedeFilingServicesFastFacts.pdf. You must verbally consult the local Court Administrator before requesting submissions. Instructions to subscriber continued on next page. 3.11 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►► GOVERNMENT ACCESS | Court Integration Services (I.S.) | Revised February 19, 2020 (ITD_SP_0383u) Page 6 of 6 Instructions to subscriber continued from previous page. If you select one of the MNCIS E-Filing (Case) options, you must also indicate your requested jurisdiction. • MNCIS E-Filing (Case) Attorney Assignment (Defense) Attorney Assignment (Prosecution) Batch Citations Biometric Collection Status Case Detention Status Criminal Complaints External Case Identifier (Case Cross Reference Number) Initial Release Conditions Interpreter Status Other Agency Note Professional Party Assignment Schedule Hearing Single Citations Tab Charges Warrant Status Update • MNCIS E-Filing (Person) – This selection has statewide impact. Person Other ID For more details on submissions, please refer to the Integration Services Catalog of Services, which is made available at: http://www.mncourts.gov/is/. If you review these instructions and continue to have questions on how to complete Section 4 of this form, please email the Court Integration Team: MJCIntegrationTeam@courts.state.mn.us. Section 5. Signatures To facilitate the electronic submission of this Request Form, the handwritten signature requirement has been eliminated (i.e., made optional). Instead, a typed request from the applicant that clearly identifies the person approving the request is sufficient. This approach is recognized by Section 3 of the Master Subscriber Agreement, which provides that Request Forms approved by the Court are incorporated by reference into the Master Subscriber Agreement the same as if the information was set forth within the Master Subscriber Agreement; and that it is understood by the parties that Request Forms may be submitted on behalf of the Subscriber by any Subscriber business unit personnel (without signature) and that Subscriber authorizes such personnel to perform this function. Fill out the Subscriber approval/signature information in the fields provided. A handwritten signature is optional. Instead, you may use a typed signature such as: /s/ FirstName LastName. The Subscriber Approval/Signature block should match the person named as the “Subscriber Manager Authorizing Request” in Section 2(e). By authorizing this form, the subscriber acknowledges that he/she has read, and that all users will comply with, the Master Subscriber Agreement. The subscriber also acknowledges, without limitation, that the subscriber will take all appropriate action to ensure protection, confidentiality, and security of State Confidential Information, as required in the Master Subscriber Agreement. Attach your Master Subscriber Agreement, which may be a copy of an existing agreement or a new agreement signed and submitted for the first time with this Request Form. See also Section 6, below, for information on how to submit the Request Form and Master Subscriber Agreement. How to Submit this Form & Attach Master Subscriber Agreement Section 6. How to Submit this Form • Send this Request Form with a scanned copy of your Master Subscriber Agreement by email to: MJCMNCISGovtAccessProcedural@courts.state.mn.us. After your Request Form and Master Subscriber Agreement has been reviewed and processed, the Contact Person in Section 2(d) of this form will receive, by email, a copy of the approved, rejected, or modified Request Form. If you sent a new, original Master Subscriber Agreement to be executed, the Subscriber Contact Person in Section 2(d) will receive by email a copy of the newly executed agreement. These may arrive at different times. Please keep your final copies received from us in your files for future reference and use. If you have questions about the status of your submitted Request Form, please contact ITD Office Administration at the email above. Need Help? If you have specific questions or need any assistance regarding the process for applying for Court Integration Services, please email your question and/or name and phone number to: MJCMNCISGovtAccessProcedural@courts.state.mn.us. You will receive a call from someone who will walk you through the application process. If you have questions about custom requests, the technical aspects, or use of Court Integration Services, please email the Court Integration Team: MJCIntegrationTeam@courts.state.mn.us. 3.11 RESOLUTION NO. 2020 - RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF CRYSTAL ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Crystal on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Crystal, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Crystal on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the Tom Weidner, Managing Prosecuting Attorney, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 3. That the Tom Weidner, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. 4. That Jim Adams, the Mayor for the City of Crystal, and Chrissy Serres, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 15th day of December, 2020. CITY OF CRYSTAL _________________________________ By: Jim Adams Its Mayor ATTEST: ____________________________________ By: Chrissy Serres Its City Clerk 3.11 DATE:December 9, 2020 TO:Anne Norris, City Manager City of Crystal City Council FROM:Jean McGann, Contracted Finance Director RE:Expenditures over $25,000 Payee Amount HealthPartners, Inc December health insurance premiums $85,149.62 Golden Valley JWC October water costs $157,727.36 Linn Investment Properties Refund of escrow funds $60,309.00 Metropolitan Council Environ Svs Wastewater service for December $137,128.09 Electric Pump South lift #3 pump replacement $49,908.00 Tenvoorde Ford, Inc Purchase of three new police patrol vehicles $101,085.72 UHL Co, Inc City Hall and Community Center HVAC ion systems $33,650.00 MN PERA Employee & city required contributions for 11/27/20 pay date $63,817.93 Waste Management (HRG)October HRG recycling costs $52,200.41 $740,976.13 Description 5.1 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • www.crystalmn.gov DATE: December 15, 2020 TO: City Council FROM: Mark Ray, PE, Director of Public Works Pat Sele, Utilities Superintendent SUBJECT: Authorize professional services for storm pipe rehabilitation Summary In response to a resident’s concern about the condition of the storm water pipe outlet into Twin Lake, City staff inspected the outlet and identified some potential concerns that need to be addressed. Deterioration of concrete in the flow line (see photo for example) is compromising the structural integrity of the pipeline. In addition, sink holes are also developing along the pipe at various locations due to faulty pipe joints that are allowing soil to enter the storm sewer and wash into Twin Lake. Due to the number of developing issues elsewhere in the storm water pipe along Bass Lake Road, it was determined that a plan needs to be put in place to start to start pipe rehabilitation. Staff has received a proposal from Bolton and Menk for professional services associated with the Orchard Avenue Large Diameter Storm Sewer Rehabilitation, dated December 1, 2020. The professional services will include everything from existing conditions evaluation and design through bidding and construction services. The proposal includes a not to exceed cost of $57,834. Due to driveways, gardens, utility poles and other fixtures above the storm pipe, it was determined that using a trenchless method of repair while leaving the existing pipe in-place was the preferred rehabilitation method as full pipe replacement was extremely costly and not realistically feasible. Attachment •Professional services agreement dated December 1, 2020, from Bolton and Menk for the Orchard Avenue Large Diameter Storm Sewer Rehabilitation. Recommended Action Motion authorizing the Professional Services Agreement with Bolton and Menk for services related to the Orchard Avenue Large Diameter Storm Sewer Rehabilitation. Figure 1: Missing concrete along flow line 5.2 December 1, 2020 Mr. Mark Ray, PE Director of Parks & Public Works/City Engineer City of Crystal, MN 4141 Douglas Drive N. Crystal, MN 55422 Re: Proposal for Professional Engineering Services Orchard Avenue Large Diameter Storm Sewer Rehabilitation Dear Mr. Ray: Thank you for the opportunity to submit this proposal to complete professional engineering services for the City of Crystal’s Orchard Ave Storm Sewer Rehabilitation Project. This project will utilize trenchless/internal repair technologies to rehabilitate approximately 400 feet of the city’s existing 72” storm sewer system. In addition to structural and watertightness improvements, existing surface restoration activities will also be completed to repair sink holes that are being created from the current pipe’s deteriorating condition. Completion of this project will ensure the long-term integrity of this critical storm sewer that ultimately discharges flow from the neighboring community into Twin Lake. Below is a summary of the professional services scope associated with this project. PROJECT MEETINGS $3,336 In order to reduce professional service fees and shift more of the project budget to construction related activities, limited budget will be allocated for project related design meetings. To address project questions that arise during design, a small amount of time is budgeted for Bolton and Menk staff to meet with the City of Crystal staff to address questions that arise during project design. Anticipated design meetings include: · Project kickoff meeting · 60% and/or 90% plan completion review meeting · Bid/Construction strategy meeting 5.2 CONDITION EVALUATION & DOCUMENTATION $7,696 A portion of the project budget is reserved to perform on-site condition evaluation and documentation of the existing large diameter storm sewer’s defects. To complete this task, Bolton and Menk will supply a confined space entry team to safely access, inspect, and document defects on the ground surface and inside the pipeline. This data will be recorded such that specific rehabilitation techniques can be designed to repair these defects. Specific work under this task may include: · Provide a confined space entry team to access, inspect, and document defects within the storm sewer · Meet with City to better understand defects within the storm sewer and how they will be addressed · Provide an updated construction estimate documenting anticipated cost of repair solutions PROJECT DESIGN, PERMITTING, & BIDDING $27,462 The majority of this professional services scope includes the design and preparation of the plans and specifications for the project. Plans and specifications will be created that will show the location of the proposed improvements while providing rules and requirements for the contractor when working on this project. Also, included under this section is bidding support. Time has been allocated to advertise the project to the contracting community and secure competitive bids for this work. Bolton and Menk will also provide answers to project related questions and review contractor qualifications prior to making a formal recommendation to the City Council for award. Specific work under this task may include: · Coordination with City staff to determine the locations for the proposed improvements · Analysis of trenchless techniques specific to the defects observed · Preparation of bid ready plans and specifications · Assistance with applicable permit submission · Advertising the project to the contracting community · Posting bid documents on Quest CDN · Providing responses to contractor questions and issue addendums as required · Review of bids and contractor qualifications · Recommendation on contractor selection CONSTRUCTION OBSERVATION, ADMINISTRATION, & AS-BUILTS $19,340 Lastly, a construction administration and support budget is provided to assist the City with construction administration and support. Time has been allocated to prepare and host a pre- construction meeting with the City and the contractor as well as to provide periodic site observations to confirm that the repairs are complete and meet the specifications. 5.2 Specific work under this task may include: · Preparing and hosting the pre-construction meeting · On site construction observation and quantity measurement · General project administration assistance and progress meetings · Review and response to RFIs and field engineering · Assisting the City in creating pay requests · Completion of as-built drawings documenting the work completed TOTAL PROPOSED FEE $57,834 In accordance with the City of Crystal’s project requirements, Bolton & Menk proposes to complete the scope of work as described above for a not-to-exceed hourly fee of $57,834. Thank you, again, for inviting Bolton & Menk to offer you this proposal, as well as your continued consideration of our services to the City of Crystal. We look forward to working with you and the City on this project. If you have any questions regarding our proposal, please do not hesitate to call me. Sincerely, Bolton & Menk, Inc. Mitchell Hoeft, P.E. PM/Trenchless Project Group Manager 5.2 Task No.Work Task DescriptionClient Service Manager Trenchless EngineerPrincipal in ChargeStormwater EngineerSurvey ManagerDesign EngineerClericalSurvey CrewGISTotal HoursTotal Costs1.0 Meetings10 8 0 0 0 0 0 0 0 18 $3,3362.0 Condition Evaluation12 12 0 0 0 28 0 0 0 52 $7,6963.0 Repair Design24 20 2 0 2 112 20 6 6 186 $25,4624.0 Permitting and Water Quality/Watershed Issues0 0 0 10 0 4 0 0 0 14 $2,0005.0 Construction Observation 4 8 0 0 0 84 0 0 0 96 $11,9406.0 Construction Admin10 14 0 0 0 14 0 0 0 38 $6,1287.0 As-Builts2 0 0 0 0 8 0 0 0 10 $1,272Total Hours62 62 2 10 2 250 20 6 6 414Subtotal$10,912 $12,214 $380 $1,540 $338 $28,750 $1,900 $960 $840$57,834Detailed Cost EstimateTotal FeeBolton & Menk, Inc.Client: City of Crystal, MNProject: Orchard Ave Storm Sewer RehabilitationOrchard Ave Storm Sewer RehabilitationCity of Crystal, Minnesota5.2 RESOLUTION NO. 2020- ___ AUTHORIZING PROFESSIONAL SERVICES CONTRACT FOR STORM PIPE REHABILITATION WHEREAS, the maintaining and reconstructing City infrastructure is an essential service in the City of Crystal; and WHEREAS, the City has determined there is the need to start to rehabilitate the storm water pipe along Bass Lake Road; and WHEREAS, the equipment and staffing required for the design of such projects is beyond the in-house capability of the City; WHEREAS, Bolton and Menk has provided a professional services agreement for the needed trenchless repairs; and NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the agreement for professional services with Bolton and Menk. for the Orchard Avenue Large Diameter Storm Sewer Rehabilitation BE IT FURTHER RESOLVED that the Mayor or City Manager are hereby authorized to sign such contract. Adopted by the Crystal City Council this 15th day of December, 2020. _____________________________ Jim Adams, Mayor ATTEST: _____________________________ Christina Serres, City Clerk 5.2 CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police CC: Anne Norris, City Manager DATE: December 9, 2020 SUBJECT: Regular Agenda: December 15, 2020 Council Meeting ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM BACKGROUND The Crystal Police Department, along with local partners (cities of Brooklyn Park and Brooklyn Center) have identified an influx in the number of young people who are running away in and around the region – particularly female-identified youth and boys and young men of color. In Hennepin County, youth of color are disproportionately represented in all county systems and Minnesota is ranked one of the highest states for minority disparities. Running away can be due to instability, abuse or neglect in the home and, for some youth, running away becomes a pattern of risky behavior used as a coping mechanism for these or other issues. By providing meaningful, engaging and culturally relevant services, we hope to address these issues and create a positive community shift. The Joint Powers Agreement provides funding from the Hennepin County Department of Community Corrections and Rehabilitation (DOCCR) to the Brooklyn Park Police Department (BPPD). With these funds, the BPPD shall contract with a provider for a youth intervention program to operate out of Zanewood Recreation Center as a part of the Juvenile Probation Client Delinquency Prevention Initiative. The JPA for the pilot program will be effective January 1, 2021 through December 31, 2022. Program components include: •Identify and address the root causes behind youth running away to strengthen families and avoid reoccurrences •Convene and coordinate stakeholders including local police and city officials, government, school and community-based organizations to streamline best practice responses, services and work to address the multiple factors that lead to disparities, which often are not addressed or acknowledged as root causes •Implement an evidence-based and nationally accredited runaway prevention curriculum (long term) that will provide a diversion option which seeks to increase youth’s resiliency, protective factors, and safety while reducing risks for repeat incidents of running away. 5.3 The cities of Brooklyn Park, Crystal and Brooklyn Center agree to: • Track identified disaggregated data from police perspective and provide information as needed • Provide oversight of services and outcomes from the contracted service • Designate one or more representatives to serve on the initiative steering group • Designate patrol officers or other department representatives to participate in programming and engage with youth and Contract Provider staff at the service delivery location, as availability allows. CONSIDERATION To approve the JPA and MOU with the cities of Brooklyn Park and Brooklyn Center and the YMCA. 5.3 1 County Contract No. A2010314 COOPERATIVE AGREEMENT FOR A JUVENILE PROBATION CLIENT DELINQUENCY PREVENTION INITIATE This Cooperative Agreement, effective upon execution, is made by and between Hennepin County (hereinafter the “County”), on behalf of the Hennepin County Department of Community Corrections and Rehabilitation, (hereinafter “DOCCR”), the City of Brooklyn Center (hereinafter “Brooklyn Center”), the City of Brooklyn Park (hereinafter “Brooklyn Park”), and the City of Crystal (hereinafter “Crystal”), all of which are political subdivisions and local government units of the State of Minnesota and which herein may be referred to individually as a “Party” or collectively as “the Parties.” 1. WHEREAS, the Parties share an interest in juvenile delinquency prevention; and 2. WHEREAS, the Parties currently each individually expend funds and devote resources to juvenile delinquency prevention pursuant to each Party’s statutory powers; and 3. WHEREAS, the Parties desire to advance the public interest by enhancing their juvenile delinquency prevention efforts and reduce the Hennepin Juvenile Justice system’s disproportionate minority contact through sharing powers and resources, working jointly and/or cooperatively to the extent set forth herein; and 4. WHEREAS, Minnesota Statutes section 471.59 provides authority for the Parties, through an agreement executed by their governing boards, to exercise certain powers jointly and/or cooperatively; and 5. WHEREAS, the Parties wish to establish through this Agreement the Juvenile Probation Client Delinquency Prevention Initiative (hereinafter referred to as the “Initiative”); and 6. WHEREAS, the Parties acknowledge that the Initiative is a pilot program, limited to the term and funding amount identified in this Agreement; and 7. WHEREAS, the Parties wish to memorialize in this Agreement their agreement to exercise certain powers jointly and/or cooperatively for the purpose of funding and implementing the Initiative as a pilot program; and 8. WHEREAS, the powers to be exercised herein are deemed to be for the benefit and welfare of those residing and doing business in the respective jurisdictions of the Parties; THEREFORE, in consideration of the terms contained herein, the Parties agree as follows: unofficial copy 5.3 2 County Contract No. A2010314 ARTICLE I Joint or Cooperative Exercise of Powers Section 1. Purpose. The Parties agree to exercise powers jointly and/or cooperatively, as they from time to time deem advisable, to the fullest extent authorized by law, in furtherance of the Initiative, as provided further herein. The goals, deliverables and milestones of the Initiative are set forth herein. Section 2. Powers and Functions to Be Cooperatively Exercised. The Parties agree that each Party will be responsible for supporting, funding, administering and otherwise carrying out the Initiative as follows: (a) Funding. DOCCR shall provide funding to Brooklyn Park in the not-to-exceed amount of $180,000.00 during the term of this Agreement for services to be provided by a qualified third-party organization (hereinafter “Contracted Services”), as further described below. (b) Contracted Services. Brooklyn Park shall select and contract with a provider of its choice (herein after “Contract Provider”) to deliver Contracted Services for a youth intervention program that further the goals of the Initiative. Services shall include referral, intake and assessment of identified, at-risk youth; family education, mediation and therapy; and group diversion services to be provided at a location central to the three municipalities that are parties to this Agreement. Program components include: • Identify and address the root causes behind youth running away to strengthen families and avoid reoccurrences, while using existing and new leverages to educate youth and parents on risks and resources to prevent future runaway incidents • Convene and coordinate stakeholders including local police and city officials, government, school and community-based organizations to streamline best practice responses, services and work to address the multiple factors that lead to disparities, which often are not addressed or acknowledged as root causes • Implement an evidence-based and nationally accredited runaway prevention curriculum (long term) that will provide a diversion option which seeks to increase youth’s resiliency, protective factors, and safety while reducing risks for repeat incidents of running away (c) Additional Responsibilities of the Parties Cities of Brooklyn Park, Crystal, and Brooklyn Center unofficial copy 5.3 3 County Contract No. A2010314 • Track identified disaggregated data from police perspective and provide information as needed • Provide oversight of services and outcomes from the contracted service • Designate one or more representatives to serve on the initiative steering group • Designate patrol officers or other department representatives to participate in programming and engage with youth and Contract Provider staff at the service delivery location, as availability allows DOCCR • Funding as provided above • Assist with developing outcome measures and processes • Designate one or more representatives to serve on the initiative steering group • Act as liaison to other parts of Juvenile Justice system in Hennepin County (d) Flow/Process for the Program • Qualified youth will be identified through the records systems of each participating police agency based on present criteria (the criteria is not yet agreed upon by the agencies) • Those identified youth will be referred to a single point of contact for the Contract Provider • The Contract Provider will conduct a youth and family assessment • The Contract Provider will invite the youth to participate in a core curriculum consisting of 3 to 5 two-hour sessions • Upon program completion, the Contract Provider will connect the family to any necessary ongoing resources and notify the policy agency of the completion (e) Payment. Brooklyn Park will invoice DOCCR on a quarterly basis. Payment will be made within 35 days. (f) Anticipated Goals and Outcomes • Increased youth resiliency, protective factors, and strengthen family resources • Increased connections to caring adults and community resources • Decreased incidents of youth crime • Decreased experiences of sexual exploitation and trafficking by youth • Decreased reports of homelessness unofficial copy 5.3 4 County Contract No. A2010314 • Increased capacity to respond to the needs of targeted population • Strengthen community and police relations • Decreased overrepresentation of youth of color in areas of police contact related to charges of runaway, sexual exploitation, and trafficking (g) Program Evaluation Evaluation criteria and goals will be identified during the planning process, along with a stakeholder agreement of the evaluation process. Evaluation will take into consideration the following data and information: • Number of youth referred to program • Number of youth/families who accept services and why services were accepted • Number of youth who decline services and why services were declined • *Number of youth who successfully complete group component of program or who do not successfully complete the program and reason(s) why • Number of youth who do or do not run away again • Number of youth or family referred to additional resources or services (with referrals to be tracked) • Number of services offered to youth/families • Data points disaggregated to look at race, gender, ethnicity and geographical location Section 3. Initiative Coordination Steering Group. Except for matters that by law must be addressed by the respective governing boards of the Parties, the Initiative shall be cooperatively steered by an Initiative Coordination Steering Group (hereinafter referred to as the “Steering Group”). Each Party shall designate one or more representatives to serve on the Steering Group. The Group will meet from time to time as necessary to discuss and resolve issues necessary to the success of the Initiative. ARTICLE II Other Provisions Section 1. Term. This Agreement shall commence January 1, 2021 and terminate December 31, 2022. Section 2. Amendment. This Agreement may be amended by resolution of the governing body of each of the Parties. Section 3. Acquisition of Property. Pursuant to Minn. Stat. 471.59,where property has unofficial copy 5.3 5 County Contract No. A2010314 been acquired pursuant to this Agreement, the Parties, as part of the acquisition, shall provide for an equitable distribution of the property acquired and the return of any surplus moneys in proportion to the contributions of the Parties after the purpose of the Agreement has been completed. Section 4. Liability. Each Party shall be responsible for its own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of any other Party and the results thereof. The liability of the parties is governed by the provisions of Minnesota Statutes Chapter 466. Under no circumstances shall a Party be required to pay on behalf of itself and other parties any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The statutory limits of liability for some or all of the Parties may not be added together or stacked to increase the maximum amount of liability for any Party. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK unofficial copy 5.3 6 County Contract No. A2010314 COUNTY BOARD AUTHORIZATION Reviewed for COUNTY by the County Attorney's Office: {{Sig_es_:signer3:signature}} {{userstamp3_es_:signer3:stamp}} Reviewed for COUNTY by: {{Sig_es_:signer4:signature}} {{userstamp4_es_:signer4:stamp}} Board Resolution No: {{*BoardResolution_es_:signer4:brs}} COUNTY OF HENNEPIN STATE OF MINNESOTA By: {{Sig_es_:signer6:signature}} {{userstamp6_es_:signer6:stamp}} ATTEST: {{Sig_es_:signer7:signature}} {{userstamp7_es_:signer7:stamp}} By: {{Sig_es_:signer5:signature}} {{userstamp5_es_:signer5:stamp}} unofficial copy 5.3 7 County Contract No. A2010314 CITY OF BROOKLYN PARK By: Title:________________________________ Date:_______________________________ CITY OF BROOKLYN CENTER By: Title:________________________________ Date:________________________________ CITY OF CRYSTAL By: Title:________________________________ Date:_______________________________ unofficial copy 5.3 RUNAWAY INTERVENTION AND PREVENTION PROGRAM AGREEMENT This Runaway Intervention and Prevention Agreement (“Agreement”) is made this 30_ day of December, 2020 by and among the City of Brooklyn Park, a Minnesota municipal corporation (“Brooklyn Park”), the City of Brooklyn Center, a Minnesota municipal corporation (“Brooklyn Center”), the City of Crystal, a Minnesota municipal corporation (“Crystal”), and the YMCA of the Greater Twin Cities, a Minnesota non-profit corporation (“YMCA”). The cities that are parties to this Agreement may hereinafter be referred to collectively as the “Cities,” or individually as a “City.” The Cities and the YMCA may hereinafter be referred to collectively as the “parties” or individually as a “party.” RECITALS A. The Cities’ Police Departments and Parks Department of Brooklyn Park desire to work cooperatively with the YMCA to establish a runaway intervention and prevention program with the YMCA (“Runaway Program”). B. The YMCA desires to work cooperatively with the Cities’ Police Departments and the Recreation and Parks Department of Brooklyn Park to establish and operate a Runaway Program in accordance with the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual promises and agreements contained herein, the parties hereby by agree as follows: 1. City Responsibilities. Each City agrees to do the following: (a) Select and refer appropriate youth (collectively, the “Youth”) to the YMCA for the Runaway Program and participation in the curriculum described in this Agreement; (b) Share information with the YMCA related to Youth qualification and progress; (c) Identify appropriate Youth participants for the Runaway Program; (d) Provide space for the YMCA to deliver the Runaway Program curriculum; (e) Provide space for occasional Runaway Program administrative work and meetings of the parties; and (f) Cooperate with the YMCA to the fullest extent possible in its operation of the Runaway Program. 2. YMCA Responsibilities. The YMCA is responsible for providing all services necessary to operate the Runaway Program including, but not limited to, the following: (a) Provide a single point of contact through a program-specific referral email or YMCA Youth Resource Line; (b) Conduct intake and comprehensive assessment to include risk assessment, trauma screening, and Youth survey; (c) Provide Holistic family planning to support the Youth; 5.3 (d) Share information with each City related to Youth progress on program goals; (e) Facilitate a group diversion curriculum; (f) Facilitate the transportation of Youth as needed to achieve program elements; (g) Be responsible for salary and personnel expenses for one (1) full-time YMCA employee and all related program expenses for providing the Runaway Program services set forth in this Agreement; (h) Comply with the Minnesota Government Data Practices with respect to any data collected or received by the YMCA as part of the Runaway Program; and (i) Cooperate with each City to the fullest extent possible with respect to the Runaway Program. 3. Term and Termination. The term of this Agreement shall be from January 1, 2021, through December 31, 2022, regardless of the dates of execution, unless terminated earlier as provided herein. This Agreement may be terminated by any party for any reason, or for no reason, after thirty (30) days written notice to the other parties. 4. Services. The YMCA agrees to provide the required personnel and related support services and supplies to effectively and efficiently provide the services necessary to operate the Runaway Program. Each City agrees to cooperate with the YMCA as deemed appropriate by the Cities’ Chiefs of Police to ensure the timely provision of Runaway Program services. There shall be no charge to the Youth or their parents for participating in the Runaway Program. Youth identified as potential participants in the Runaway Program may decline enrollment. 5. Records. The YMCA agrees to maintain such records as are deemed necessary by the Cities to ensure that the Runaway Program provides the services and is operated as represented by the YMCA. The YMCA shall maintain the records in a manner that ensures confidentiality to service recipients; however, the YMCA shall provide disclosure to the Cities or a third party if so required by this Agreement, law, or regulation. All documents provided by the Cities or any other third party to the YMCA shall be securely maintained in locked file drawers or a locked room. The YMCA shall return all records, including all participant release forms, to the Cities, as applicable, at the expiration or termination of this Agreement. 6. Payment. Brooklyn Park agrees to reimburse the YMCA a total of up to $180,000 over the entire term of this Agreement for all Runaway Program services provided by the YMCA, as further set out in the attached Exhibit C. Brooklyn Center and Crystal are not required to reimburse or otherwise pay the YMCA for its Runaway Program services. Upon the prior written request of the YMCA, any City may elect to provide financial assistance on a case- by-case basis for certain events or incidentals related to the Runaway Program. 7. Discrimination. The YMCA agrees not to discriminate in providing Runaway Program services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. 8. Insurance. The YMCA shall, during the entire term of this Agreement, obtain and maintain the types and minimum amounts of insurance coverage identified in the attached Exhibit A. 5.3 The YMCA shall name the Cities as additional insureds on its commercial general liability policy. 9. Indemnification. The YMCA agrees, for itself and its successors and assigns, release and agree to defend, indemnify and hold Brooklyn Center, Brooklyn Park, and Crystal harmless from all Loss or Damage in any manner, directly or indirectly arising out of, resulting from, or in any manner connected with this Agreement, the provision of facilities, programs and services pursuant to this Agreement. The term “Loss or Damage” as used herein means all losses, costs, expenses (including without limitation, reasonable attorneys' fees, disbursements of counsel and costs of investigation), liabilities, damages, debts, fees, fines, penalties, charges, assessments, judgments, liens, settlements, claims, demands, rights, actions, suits, causes of action, and proceedings, and other obligations of any nature whatsoever and of any person whomsoever, including for death or injury to any person (including the parties and their employees, agents, and contractors) and including damage to property owned by, leased, rented to, or in the care, custody, or control of the parties. The indemnity obligations contained in this Section shall survive termination of this Agreement. Nothing in this paragraph shall be construed as a waiver of any liability limits or immunities contained in Minnesota Statutes, Chapter 466. 10. Entire Agreement. The entire agreement of the parties is contained in this document, including the recitals, exhibits, and any addenda or amendments signed by the parties. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement. This Agreement is valid only when signed by all the parties. 11. Amendment. Any amendment of the Agreement must be in writing and signed by all parties. 12. Assignment. The rights and obligations created by this Agreement are assignable only by the written consent of all parties to this Agreement. 13. Notices. All notices required to be given by any party pursuant to this Agreement shall be in writing and sent to the other party at the following addresses: To Brooklyn Park: City of Brooklyn Park Attention: Chief of Police 5200 85th Ave North Brooklyn Park, MN 55443 With a copy to the Director of Recreation and Parks at the same address as the Chief of the Police. To Brooklyn Center: City of Brooklyn Center Attention: Chief of Police 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 To Crystal: City of Crystal 5.3 Attention: Chief of Police 4141 Douglas Dr. N. Crystal, MN 55422 To the YMCA: YMCA of the Greater Twin Cities Attention: Program Executive for Youth Intervention 8950 Springbrook Drive NW Coon Rapids, MN 55433 All notices shall be deemed received when delivered, if hand-delivered, or three business days after deposit with the United States Postal Service, postage prepaid. Notices by fax or email alone are not sufficient. The addresses for notices may be changed by the parties from time to time by delivery of written notice to the other parties as provided herein. 14. Independent Contractor. The YMCA acknowledges and agrees that it is an independent contractor of the Cities and that nothing in this Agreement is intended, nor shall be construed, to create a joint venture or to create the relationship of partners or employer/employee between the parties. The YMCA, its officers, agents, employees, and volunteers are, and shall remain for all purposes and services under this Agreement, independent contractors. 15. Data Practices Compliance. Data and information provided to the YMCA under this Agreement or through the provision of Runaway Program services under this Agreement shall be administered in accordance with each participant’s signed informed consent to release information, using the form attached hereto as Exhibit B, and the Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in accordance with all applicable laws, rules, and regulations. 16. Legal Compliance. The parties shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances in carrying out their respective obligations under this Agreement. 17. Audit. As required by Minnesota Statutes Section 16C.05, subdivision 5, the YMCA’s books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the Cities and the Minnesota State Auditor or legislative auditor for a minimum of six years from the termination or expiration of this Agreement. 18. Applicable Law. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. 19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 5.3 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. YMCA OF THE TWIN CITIES ______________________________ Date ___11/30/2020____ By Karen Larson Its Chief Financial Officer CITY OF BROOKLYN CENTER ______________________________ Date ________________ By Mike Elliot Its Mayor ______________________________ Date ________________ By Cornelius L. Boganey Its City Manager CITY OF BROOKLYN PARK ______________________________ Date ________________ By Jeffrey Joneal Lunde Its Mayor ______________________________ Date ________________ By Jay Stroebel Its City Manager CITY OF CRYSTAL ______________________________ Date ________________ By Jim Adams Its Mayor ______________________________ Date ________________ By Anne Norris Its City Manager 5.3 EXHIBIT A General Liability: $1,000,000 Each Occurrence $1,000,000 Personal Injury/Advertising Injury $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate $100,000 Damage to Rented Premises $5,000 Medical Payments (optional) Auto Liability: $1,000,000 Combined Single Limit – Bodily Injury & Property Damage $1,000,000 Hired & Non-Owned Auto Liability Workers’ Compensation: $100,000 Each Accident $500,000 Policy Limit $100,000 Each Disease Statutory Limits Apply Umbrella/Excess Liability: $1,000,000 Each Occurrence and Annual Aggregate 5.3 EXHIBIT B FORM OF CONSENT TO RELEASE NONPUBLIC INFORMATION INFORMED CONSENT AUTHORIZATION FOR THE RELEASE OF NONPUBLIC INFORMATION TO: City of [Brooklyn Center], [Brooklyn Park], [Crystal] RE: __________________ (“Participant”) THIS AUTHORIZES the City of [Brooklyn Center], [Brooklyn Park], [Crystal], its authorized agents or representatives, (collectively, the “City”) to release summary police reports of any criminal incident involving the Participant to the YMCA of the Twin Cities (“YMCA”). These summary reports will not include the names of non-Participants. PURPOSE: The foregoing information will be released to a YMCA contact assisting the Participant to understand why and what involvement the Participant has had in the criminal incident(s). This YMCA contact is working cooperatively with the City to provide runaway intervention and prevention services, programs, and curriculum to the Participant. VOLUNTARY RELEASE: I understand that I am not legally required by the City to release the information described herein. My consent authorizing the release of information is completely voluntary, and I understand that the only known consequence for refusing to release the information is that the City will not refer the Participant to the YMCA for participation in its runaway intervention and prevention services, programs, and curriculum. REVOCATION: I understand that I may revoke this authorization in writing at any time, except to the extent that the City has already made disclosures in reliance on my consent. DURATION OF CONSENT: My consent to release the information described herein will expire ________ from the date of this authorization. A photocopy or facsimile of this signed authorization is as valid as an original. Date: _________ ______________________ ______________________ Participant’s Signature Printed Name Date: _________ ______________________ ______________________ Parent/Guardian Signature Parent/Guardian’s Printed Name 5.3 EXHIBIT C PAYMENT TERMS BETWEEN BROOKLYN PARK AND YMCA On or before the last business day of March, June, September, and December 2021, the YMCA will submit a request for reimbursement by U.S. Mail to Brooklyn Park at the address listed in paragraph 13 of this Runaway Intervention and Prevention Program Agreement (“Agreement”). Said request will detail the YMCA’s Runaway Program services performed pursuant to this Agreement during the preceding quarter. Upon receipt of said request, Brooklyn Park will provide prompt payment to the YMCA. Brooklyn Park reserves the right to withhold any portion or all of any reimbursement requested by the YMCA if Brooklyn Park, in its sole discretion, determines that the YMCA has failed to comply with any term of this Agreement. Brooklyn Park will reimburse the YMCA up to $180,000 during the term of this Agreement for the YMCA’s Runaway Program services provided pursuant to this Agreement. 5.3 CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police CC: Anne Norris, City Manager DATE: November 23, 2020 SUBJECT: POLICE EQUIPMENT REVOLVING FUND ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM BACKGROUND During the 2021 budget discussions, you were informed of the need to replace 3 police vehicles (annual replacement schedule). As you know, we have the patrol fleet on a 4 year, and at least an 80,000-mile rotation schedule due to the wear and tear of police vehicles and the ancillary vehicles are on an 8-10- year rotation cycle. Most police vehicles are sent to auction if we don’t repurpose them for other needs. CONSIDERATION We are asking for your approval of the resolutions which have been placed on the regular agenda of the December 15, 2020 council meeting. The monies for replacement of the vehicles, will be taken out of the Police Equipment Revolving Fund (PERF) for budget year 2021. As always, please let me know if you have any questions. Thanks. 5.4 RESOLUTION NO. 2020- RESOLUTION APPROVING POLICE EQUIPMENT REVOLVING FUND EXPENDITURE FOR PURCHASE OF THREE POLICE VEHICLES WHEREAS, the City Manager's office has received and recommends approval of said appropriations, and WHEREAS, the appropriation is included in the 2021 Police Equipment Fund Budget, and WHEREAS, the City Council hereby acknowledges: 1. These police patrol/administrative vehicles will be equipped for use by police officers and community service officers. 2. The most suitable source of funding is the Police Equipment Revolving Fund. WHEREAS, the City has a State of Minnesota Purchasing Contract bid quote for police vehicles. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CRYSTAL hereby accepts the state bid quote and appropriates monies from the Police Equipment Revolving Fund for the purchase of four police vehicles. Cost to include purchase of the vehicles as well as necessary replacement and installation of accessory equipment not to exceed $50,000 for the vehicles. For a total dollar amount of $150,000 for all three vehicles. Adopted by the Crystal City Council this 15th day of December 2020. ____________________________________ Jim Adams, Mayor ATTEST: _______________________________ Chrissy Serres, City Clerk 5.4 5.5 5.5 5.5 1 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of December ___, 2020, by and between the City of Crystal, State of Minnesota, a municipal corporation (“Employer”), and Anne L. Norris (“Employee”). WITNESSETH: WHEREAS, Employer desires to employ the services of Employee as City Manager of the City of Crystal; and WHEREAS, it is the desire of the City Council (“Council”) to provide certain benefits, establish certain conditions of employment, and to set working conditions of the Employee; and WHEREAS, it is the desire of the Council to: (1) secure and retain the services of Employee and to provide inducement for her to remain in such employment; (2) to make possible full work productivity to assuring Employee’s morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (4) to provide a just means for terminating Employee’s services at such time as she may be unable to fully discharge her duties or when Employer may otherwise desire to terminate her employment; and WHEREAS, Employee desires to accept and continue employment as City Manager of the City. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, Employer and Employee agree as follows: Section 1. Duties. Employer agrees to employ Employee as City Manager to perform the functions and duties specified in the City Charter, the City Code, and Minnesota Statutes, Chapter 412, as amended, and to perform other legally permissible and proper duties and functions as the Council may from time to time assign to Employee. Section 2. Term. A.The term of this Agreement is January 1 - December 31, 2020 (“Term”). For the convenience of the Employer, the Employee may hold over her employment subsequent to the expiration of the Term until this Agreement is modified or superseded by a new employment agreement approved by the Employee and Council. During any holdover period, any such holding over shall also be subject to all other terms of this Agreement. Nothing in this Agreement prevents, limits, or otherwise interferes with the right of the Council to terminate the services of Employee at any time, subject only to the provisions 5.6 2 set forth in Crystal Charter, Chapter 6 and Section 4, paragraphs A and B of this Agreement. B. Nothing in this Agreement prevents, limits, or otherwise interferes with the right of the Employee to resign at any time, subject only to the provisions of Crystal Charter, Chapter 6 and Section 4, paragraph C of this Agreement. C. Employee agrees to remain in the exclusive employ of Employer and neither to accept other employment nor to become employed by any other employer during the term of her employment. The term “employed” is not to be construed to include occasional teaching, writing, consulting, or military reserve service performed on Employee’s time off. Section 3. Suspension. Employer may suspend the Employee with full pay and benefits only if: (1) A majority of Council and Employee agree; or (2) After a public hearing, a majority of Council votes to suspend Employee for just cause as defined with reference to legal and administrative decisions interpreting Minnesota Statutes, section 197.46, and Minnesota Statutes, Chapter 197A, as amended; provided, however, that Employee shall have been given written notice setting forth any charges at least ten days prior to the hearing by the Council members bringing such charges; all in accordance with Section 6.01 of the City Charter. Section 4. Termination and Severance Pay. A. To the extent permitted by law, if the Employee is terminated by the Council and at that time Employee is willing and able to perform her duties under this Agreement, then Employer agrees to pay Employee a lump sum cash payment equal to one-half of the current salary, and in addition, Employee shall receive the cash equivalent of her accumulated vacation and sick leave pursuant to the City’s Personnel Policy (collectively “Severance Pay”). If employee is convicted of a crime involving theft or fraud as defined in Minnesota Statutes, Chapter 169, as amended, or terminated for other conduct involving malfeasance or willful neglect of duties, Employer shall have no obligation to pay Severance Pay. The lump sum cash payment included in Severance Pay shall be paid in accordance with Minnesota Statutes, section 465.722, as amended. B. If Employer at any time during the term of this Agreement: (i) reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across- the-board reduction for all employees of Employer; (ii) Employer refuses, following written notice to comply with any other provision of this Agreement benefiting Employee; or (iii) the Employee resigns following a suggestion, whether formal or 5.6 3 informal, by a majority of the Council that she resign, Employee may, at her option, elect to be “terminated” at the date of such reduction, such refusal to comply or suggestion of resignation within the meaning of this Section 4 and receive Severance Pay. C. The Employee will give Employer 45 days notice in advance of resignation, unless the parties agree to waive this notice requirement. Section 5. Availability for Duties. Employer and Employee acknowledge that it is critical for Employee to be available to perform her duties on behalf of Employer at Employer’s principal place of business and other City job sites as necessary. Employer reserves the right to review any absence of Employee in excess of four successive work weeks in order to determine the Employee’s continued qualification for the position of city manager. If Employer determines that Employee is unable to perform the essential functions of her position and is Employee terminated by Employer for that reason, Employee shall receive Severance Pay. Section 6. Salary. Employer agrees to pay Employee for her services rendered pursuant hereto an annual salary of $153,299 payable in installments at the same time as other employees of the Employer are paid, effective as of January 1, 2021. The Employee shall be eligible for the City’s Merit Pay Plan for non-represented employees. Employer agrees to increase the salary and other benefits of Employee in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of Employee. Such increase, if approved, shall be no less than salary or benefit increases provided represented employees in the existing labor agreement. Section 7. Performance Evaluation. A. The Council will formally review and evaluate the performance of the Employee at least once annually. The review and evaluation will be in accordance with specific criteria developed jointly by the Employer and Employee. The criteria may be modified as the Council may from time to time determine in consultation with the Employee. B. The Council and Employee will annually define in writing the goals and performance objectives they jointly determine necessary for the proper operation of the City and the attainment of the Council’s policy objectives and will further establish a relative priority among those various goals and objectives. The goals and objectives will generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. 5.6 4 C. In carrying out the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable state and federal law. Section 8. Hours of Work. It is recognized that Employee is an exempt employee as defined by the federal Fair Labor Standards Act (“FLSA”) who must devote substantial time outside normal office hours to the business of the Employer. Therefore, Employee will be allowed to reasonably adjust her schedule during normal City office and business hours. Section 9. Outside Activities. Employee will not spend more than ten hours per week in teaching, counseling or other non-Employer, non-military reserve connected business without prior approval of the Council. Section 10. Automobile. Employee’s duties require the extensive use of an automobile. City will pay Employee the sum of $500 per month as an allowance for the expenses incurred by Employee in the use of Employee’s personally owned or leased automobile. In addition, the City will compensate Employee for mileage driven outside the seven county Twin City metropolitan area at the same rate and in accordance with the same rules applicable to other City employees. Section 11. Vacation, Sick and Military Leave. A. Employee will accrue, and have credited to her personal account, vacation, and sick leave at the same rate and under the same conditions as other general employees of the Employer. For purposes of computing the above, employee’s start date shall be January 28, 1985. B. Employee shall be entitled to military reserve leave time pursuant to federal and state law and City policy. Section 12. Dental, Health and Life Insurance. Employer agrees to provide and to make required premium payments for Employee and dependents for the following insurance coverage: A. Life Insurance. Employee shall be covered at Employer’s expense by a term life insurance policy in the amount approved by the Employer for other City employees. In addition, Employee shall be covered at Employer’s expense by a term life insurance policy in the amount of $125,000, with the beneficiary named by Employee. 5.6 5 B. Hospitalization Insurance. Employee may select from one of the plans available to other City employees. C. Dental Insurance. Employee may select from one of the plans available to other City employees. D. Use of Paid Leave. Employee may use accumulated sick leave, vacation, and compensatory time for leave for herself, and for any member of her household regardless of marital status, for any of the events and circumstances stated in the Family and Medical Leave Act of 1993, and the Code of Federal Regulations, 29 CFR Part 825, as they each may be amended. Such leave shall be administered pursuant to the applicable language of Section 8.18 of the City’s Personnel Policy. Section 13. Dues and Subscriptions. Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for her continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for her continued professional participation, growth, and advancement, and for the good of the employer. Section 14. Professional Development. A. Employer agrees to budget for and to advance or reimburse Employee for her travel related expenses, including airfare, meals, lodging, and transportation expenses for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer including, but not limited to, the Annual Conference of the International City Management Association, the Minnesota City Management Association, the Minnesota League of Cities and such other national, regional, state, and local governmental groups and committees thereof which Employee serves as a member. B. Employer agrees to budget and to pay for the travel expenses as described above of Employee for short courses, institutes and seminars that are necessary for her professional development and for the good of the Employer. The City Finance Director is authorized to advance or reimburse Employee for travel expenses upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits in accordance with standard City procedures. Section 15. General Expenses. Employer recognizes that certain expenses of a non-personal and generally job- affiliated nature are incurred by Employee and agrees to reimburse or to pay those general expenses. The City Finance Director is authorized to advance or reimburse Employee for 5.6 6 such general expenses upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits in accordance with standard City procedures. Section 16. Civic Club Membership. Employer recognizes the desirability of representation in and before local civic and other organizations. Employee is authorized to become a member of such civic clubs or organizations, for which Employer shall pay all reasonable and necessary expenses. Employee shall report to the Employer on each membership that is taken out at Employer’s expense. The City Finance Director is authorized to advance or reimburse Employee for such membership expenses upon receipt of duly executed expense or petty cash vouchers, receipts, statements, or personal affidavits in accordance with standard City procedures. Section 17. Indemnification. Employer will defend, hold harmless and indemnify Employee against any tort, professional liability claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Manager. Employer will compromise and settle any claim or suit and pay the amount of any settlement, judgment or reasonable attorneys fees rendered thereon consistent with Minnesota Statutes, section 466.07, as amended. Employer shall pay any costs and reasonable attorney's fees incurred by the Employee to defend charges of a criminal nature brought against her that arose out of the reasonable and lawful performance of duties for the City as provided in Minnesota Statutes, section 465.76, as amended. Section 18. Bonding. Employer will bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 19. Other Terms and Conditions of Employment. A. The Council, in consultation with the Employee, may fix such other terms and conditions of employment as it may determine from time to time relating to the performance of Employee, provided those terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, the City Code or any other law. B. Except as otherwise provided in this Agreement, all provisions of the City Charter and City Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, apply to Employee as they would to other employees of Employer. 5.6 7 Section 20. No Reduction of Benefits. Subject to the requirements of Sections 3-5, Employer will not at any time during the term of this Agreement reduce the salary, compensation, or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer or as otherwise agreed by Employer and Employee. Section 21. Notices. Notices pursuant to the agreement are given by deposit in the custody of the United States mail, postage prepaid, addressed as follows: (1) EMPLOYER: City of Crystal, Minnesota Mayor 4141 Douglas Drive North Crystal, MN 55422 (2) EMPLOYEE: Anne L. Norris, City Manager 5404 Morgan Avenue South Minneapolis, MN 55419 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to process in a civil action. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States mail. Section 22. General Provisions. A. This Agreement constitutes the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement is effective January 1, 2021, or such other date as evidenced by its execution by the Employee and the Mayor of the City of Crystal subsequent to approval by the Council. D. This Agreement may be amended at any time by mutual consent of Employer and Employee. E. This Agreement may be executed in any number of counterparts. F. This Agreement shall be interpreted pursuant to Minnesota law. 5.6 8 IN WITNESS WHEREOF, the City of Crystal by its City Council has caused this agreement to be executed and delivered in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has executed this Agreement as of the day and year first above written. CITY OF CRYSTAL, MINNESOTA EMPLOYER By ________________________________ Jim Adams, Mayor Attest: _____________________________ Chrissy Serres, City Clerk EMPLOYEE ____________________________________ Anne L. Norris 5.6 CITY OF CRYSTAL CRYSTAL RESOLUTION #2020 - _____ RESOLUTION COMMENDING COUNCIL MEMBER JULIE DESHLER WHEREAS, Julie Deshler has served as Crystal City Council Member, Ward 4, since November 2010; and WHEREAS, during her Council tenure, she has served as Mayor Pro Tem, Crystal’s long- time representative on the Northwest Suburban Cable Communications Commission, the city council liaison to the Parks and Recreation Commission and President of the Economic Development Authority; and WHEREAS, Council Member Deshler was instrumental in the formation and designation of the Quad Cities Beyond the Yellow Ribbon initiative to support members of the military and their families in Crystal and neighboring cities; and WHEREAS, she took over coordinating the Crystal Airport Open House to celebrate aviation and to encourage a family day on Father’s Day each year; and WHEREAS, Council Member Deshler is an advocate and supporter of the Blue Line Extension light rail transit project as a benefit to Crystal residents; and WHEREAS, Council Member Deshler championed community pride and encouraged and supported the beautification of Crystal’s commercial areas and neighborhoods; and WHEREAS, she has provided outstanding service and guidance in support of the city’s mission to improve and promote the quality of life for all Crystal citizens and provide municipal services in a cost-effective, innovative and professional manner. NOW, THEREFORE, BE IT RESOLVED by the Crystal City Council, that the city council offers its sincerest gratitude to Council Member Deshler for her service and leadership. As a Crystal City Council Member representing Ward 4, she has made the Crystal community a better place to live, work and play. Adopted this 15h day of December, 2020. ____________________________ Jim Adams, Mayor ATTEST: ________________________ Chrissy Serres, City Clerk 5.7