2023.02.07 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Feb. 3, 2023
City Council Meeting Schedule
Tuesday, Feb. 7, 2023
Time Meeting Location
6:30 p.m.
City Council work session to discuss:
1. Council Member Section I vacancy and recruitment process.
2. Constituent issues update.
3. New business.
4. Announcements.
Council Chambers/
Zoom
7 p.m. City Council meeting Council Chambers/
Zoom
Immediately
following the City
Council meeting
Continuation of City Council work session, if necessary Council Chambers/
Zoom
The public may attend the meeting via Zoom by connecting to it through one of the methods identified below:
Topic: Crystal City Council work session, City Council meeting, and continuation of City Council work session,
if necessary.
Time: Feb. 7, 2023 at 6:30 p.m. Central Time (US and Canada)
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4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Feb. 3, 2023
City Council Work Session Agenda
Tuesday, Feb. 7, 2023 at 6:30 p.m.
Council Chambers/Zoom
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the work session of the Crystal City Council was held on Tuesday, Feb. 7, 2023 at ______ p.m. in
the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. If the agenda
items are not completed in time for the regular City Council meeting at 7 p.m., the work session
will be continued and resumed immediately following the City Council meeting. The public may
attend the meeting via Zoom by connecting to it through one of the methods identified on the
City Council Meeting Schedule for Tuesday, Feb. 7, 2023.
I. Attendance
Council members Staff
____ Cummings ____ Bell
____ Eidbo ____ Therres
____ Kamish ____ Gilchrist
____ Kiser ____ Elholm
____ LaRoche ____ Larson
____ Adams ____ Ray
____ Budziszewski ____ Revering
____ Sutter
____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Council Member Section I vacancy and recruitment process.
2. Constituent issues.*
3. New business.*
4. Announcements.*
III. Adjournment
The work session adjourned at ______ p.m.
* Denotes no supporting information included in the packet.
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.
Memorandum
DATE: Feb. 7, 2023
TO: Mayor and City Council
FROM: Adam R. Bell, City Manager
SUBJECT: Council Member Section I vacancy and recruitment process
____________________________________________________________________
At its Feb. 7 meeting, the Council is being asked to accept Council Member LaRoche’s
resignation and declare the Section I council position vacancy. The Council will also need to
discuss and approve the process for appointing an interim council member for the remainder of
Council Member LaRoche’s term.
Council Member LaRoche is moving, and as a result, will no longer be eligible to serve on the
Council. According to Section 2.07 of the City Charter, the Council needs to declare a vacancy
and subsequently appoint an eligible person to fill the position until the next regular election.
Council Member LaRoche’s term on the Council expires on December 31, 2024, and because
there are less than two years remaining of her term, a special election is not required. The next
regular term for this seat will be on the 2024 ballot as normal.
Councilmember LaRoche’s last day as an eligible resident is February 25, 2023; therefore, under
state law, the vacancy will occur at 12:01 a.m. on the 25th. Until the vacancy is effective,
Councilmember LaRoche is able to fully participate in her Council duties until that time.
The Charter requirements do not specify a timeline for the appointment and filling of the
vacancy. The Council can decide how long it wants to solicit and receive applications, conduct
interviews, or make an appointment. This should be done as soon as reasonably possible;
however, for such an important matter, the Council should make sure that the process is
deliberate and thoughtful and that a sufficient amount of time is taken to receive and consider
qualified candidates for the appointment.
Based on these considerations, a proposed draft timeline and process overview to recruit
applicants and make the appointment is shown below. This is the shortest and quickest
timeframe that staff believes the appointment process can reasonably occur. The Council
should discuss if this schedule and process are acceptable or if more time is needed or desired
for any of the tasks.
In addition, a draft candidate application packet is enclosed. If the Council would like any
changes to the application materials, they should propose those changes at the February 7th
Council meeting.
*Proposed timeline with the shortest reasonable amount of time (16-day application window)
Date Event or Task
1/31/23 Resignation notice made public and sent to SunPost, CCX and on the city website
2/07/23 Regular Council meeting includes formal announcement, acceptance of resignation
and declaration of vacancy, and process approval
2/07/23 Work Session before/after regular Council meeting to discuss the process and
timeline for filling the vacancy
2/08/23 Vacancy information sent to SunPost, CCX and on the city website
2/08—2/24/23 City receives applications
2/09/23 Notice of resignation published in SunPost
2/16/23 Notice of vacancy published in SunPost
2/21/23 Regular Council meeting
2/24/23 Deadline for applicant applications
2/27/23 Staff verifies the eligibility of applicants
2/27—3/03/23 Council reviews candidate applications
3/07/23 Council interviews candidates during a work session
(Council can also schedule a special meeting between 3/09 and 3/21)
3/21/23 Council acts to appoint interim Councilmember
3/21/23 Councilmember is issued a certificate of election, sworn in, and able to serve
immediately
*Alternative timeline to allow more time for the recruitment process (28-day application window)
Date Event or Task
1/31/23 Resignation notice made public and sent to SunPost, CCX and on the city website
2/07/23 Regular Council meeting includes formal announcement, acceptance of resignation
and declaration of vacancy, and process approval
2/07/23 Work Session before/after regular Council meeting to discuss the process and
timeline for filling the vacancy
2/08/23 Vacancy information sent to SunPost, CCX and on the city website
2/08—3/08/23 City receives applications
2/09/23 Notice of resignation published in SunPost
2/16/23 Notice of vacancy published in SunPost
2/21/23 Regular Council meeting
3/08/23 Deadline for applicant applications
3/09/23 Staff verifies the eligibility of applicants
3/10—3/21/23 Council reviews candidate applications
3/21/23 Council interviews candidates during a work session
(Council can also schedule a special meeting between 3/16/23 and 4/06/23.
4/04/23 Council acts to appoint interim Councilmember
4/04/23 Councilmember is issued a certificate of election, sworn in, and able to serve
immediately
CR205-30-854140.v1
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2023- _______
A RESOLUTION ACCEPTING A RESIGNATION
AND DECLARING A VACANCY IN OFFICE
WHEREAS, Council Member Nancy LaRoche submitted a written notice of resignation
of her position representing Section 1, Wards 1 & 2 on the Crystal City Council effective
February 25, 2023; and
WHEREAS, Minnesota Statutes, section 351.01 indicates the City Council is to act by
resolution to accept a resignation; and
WHEREAS, Crystal City Charter, Section 2.07 indicates the City Council must act by
resolution to declare a vacancy to exist in the position and to forthwith appoint an eligible person
to fill the office in accordance with Minnesota Statutes, section 412.02, subdivision 2a; and
WHEREAS, the referenced statute indicates when less than two years remains in the
unexpired term, which is the case here, the person the City Council appoints to fill the vacancy
serves until the next general election.
NOW, THEREFORE, BE IT RESOLVED, by the City Council as follows:
1. The City Council accepts the resignation of Council Member Nancy LaRoche and declares a
vacancy in the office effective as of 12:01 a.m. on February 25, 2023.
2. The City Council will undertake an application process to select an eligible person to appoint
to fill the vacancy on the City Council in accordance with the City Charter.
3. The City Council would like to thank Council Member Nancy LaRoche for her years of
dedicated service to the City of Crystal.
Adopted by the City Council this 7th day of February 2023.
____________________________
Jim Adams, Mayor
ATTEST:____________________________
Chrissy Serres, City Clerk
Crystal City Council
Section I Vacancy
Application Packet
HOW TO APPLY FOR THE OFFICE VACANCY
1. Residents must reside in Section I of the City and complete the City Council Vacancy Application to
be considered as an applicant to serve on the City Council until the next municipal election on
November 5, 2024.
2. Information within the application will be verified to determine eligibility. All eligible applicants’
names and addresses will be forwarded to the City Council, posted on the City Web site, and made
available to the general public, upon request.
3. The City Council Vacancy Application must be returned to City Hall at 4141 Douglas Drive North
by or before 4:00 p.m. _[DATE]____________. Late applications will not be accepted. This
vacancy process is not a substitute for filing for office.
4. The City Council will conduct interviews with qualified applicants on ________________, 2023 by
appointment only.
GENERAL INFORMATION
The Crystal City Council is comprised of a mayor and six council members. Crystal municipal government
is divided into four wards and two sections. Council members must reside in the ward or section of the city
in which they are running for office. All candidates running for an elective office must be at least 21 years of
age upon assuming office. Municipal offices are non-partisan.
Regular City Council meetings are held on the first and third Tuesday of each month at 7:00 p.m. in the
Council Chambers unless otherwise specified by the Council. Council members also meet as the Economic
Development Authority (EDA) before the first regular City Council meeting each month. The Council meets
in work sessions on regular meeting nights before and after meetings to review and discuss a variety of
issues. The Council also conducts a work session at 6:30 p.m. on the second Thursday of each month, as
needed. Additional meetings and work sessions may be scheduled, as needed. The Council does not receive
additional compensation for additional meetings.
The primary objective of the mayor or council member is to identify and discuss issues impacting Crystal,
receive and consider public input, and make appropriate decisions and policies in a manner that encourages
full and open discussion. The major areas of responsibility for a council member are:
Regularly and thoroughly prepares for each Council Meeting, EDA Meeting, and Work Session
Responds to constituent requests for information or assistance with problem resolution; including
daily checking his/her city voicemail box for messages
Participates in committees or task forces to provide information for the City Council’s consideration
Discusses issues impacting the city with State Legislators, Met Council Representatives, and other
local governments
Establishes policies to guide the city
Annually evaluates the performance of the City Manager
Establishes and modifies goals and objectives for the city
Reviews and approves an annual budget and tax levy
Reviews and approves a capital improvements program for the city
Attends additional meetings and functions as a liaison to a city commission or other agencies serving
the city
CRYSTAL CITY CHARTER
The Crystal City Charter was originally adopted in 1960 and has been studied and amended over the years.
Please read the City’s Charter to learn more about the structure of the Crystal government and its officers,
nominations, and elections. Excerpts from the City Charter are continued on the next pages:
CITY CHARTER - Chapter 2
FORM OF GOVERNMENT
Section 2.01. Council-Manager Plan. The form of government established by the City Charter is the
Council-Manager Plan. The council exercises the legislative power of the city and determines matters of
policy. The city manager is responsible to the council for the proper administration of city affairs.
Section 2.02. Boards and Commissions. There are no separate administrative boards or commissions
except those established for the administration of a municipal function jointly with another political
subdivision. The council performs the duties and exercises the powers of administrative boards or
commissions. The council may by ordinance establish boards or commissions to advise the council with
respect to any municipal function or activity, to investigate any subject of interest to the city, or to perform
quasi-judicial functions. (Crystal advisory commissions/boards include: Planning, Parks & Recreation,
Environmental, Employee, Charter, Inclusion and Diversity, and Joint Fire.)
Section 2.03. Council Members: Qualifications and Terms. The council is composed of a mayor and
six (6) council members who must be eligible voters of the city and must further qualify for office as
provided in the City Charter.
The mayor and council members may hold another compatible public office.
The mayor and council members must be residents of the city. The resident council members must
satisfy the residence requirements.
The mayor is elected at large. A ward resident council member is elected by the eligible voters of the
ward in which the council member resides. A section resident council member is elected by the eligible
voters of the section in which the council member resides.
The mayor and council members are elected on the date, in the years and for the terms specified by
ordinance adopted by the council in accordance with law.
Section 2.06. Incompatible City Offices. A member of the council may not be appointed city
manager. A member of the council may not be a city officer or be employed by the city for pay. A member
of the council may not, for a period of one year after expiration of the member’s term of office, be a city
officer or be employed by the city for pay.
Section 2.07. Council Vacancies. A vacancy in the office of mayor or council member exists for the
following reasons:
(a) failure of a person elected thereto to qualify on or before the date of the second regular meeting of
the council in the year subsequent to the election
(b) death of the member
(c) resignation of the member
(d) the member ceasing to be a resident of the city or of the ward or section from which elected
(e) continuous absence from the city for more than three months
(f) conviction of the member of a felony either before or after qualification for the office
(g) failure of the member without good cause to perform the duties of office for a period of three months
(h) removal of the person from office
(i) any reason specified by law.
When a vacancy occurs, the council must by resolution declare the vacancy to exist and forthwith appoint an
eligible person to fill the office. The office shall then be filled by election in accordance with Minnesota
Statutes, Section 412.02, subdivision 2a, as amended.
Section 2.08. The Mayor. The mayor is the presiding officer of the council. The council must choose
from its members a mayor pro tem who holds office at the pleasure of the council and serve as mayor in the
mayor’s disability or absence from the city or when a vacancy in the office of mayor exists. The mayor:
(a) exercises all powers and performs all duties conferred upon the mayor by this charter, the ordinances
of the city, and laws of the state;
(b) is the official head of the city for ceremonial purposes, for purposes of the service of civil process,
and for responding to emergencies; and
(c) may study the operation of the city government and must report to the council any neglect,
dereliction of duty, or waste on the part of any officer or department of the city. Nothing in this
section modifies the provisions of section 2.11.
Section 2.09. Salaries. The annual salaries of the mayor and council members are fixed by ordinance in
the manner provided by law.
Calendar year mayor salary council member salary
2023 $11,864.19 $9,126.98
Section 2.10. Investigation of City Affairs. The council and the city manager, or either of them, and
any officers formally authorized by them, may make investigations into the city’s affairs, subpoena
witnesses, administer oaths, and compel the production of books and papers. The council may provide for an
examination or audit of the accounts of any officer to department of the city government. The council may
conduct surveys or research studies of subjects of municipal concern.
Section 2.11. Interference with Administration. The council and the city manager, or either of them,
and any officer or officers formally authorized by them, or either of them, may make investigations into the
city's affairs, subpoena witnesses, administer oaths, and compel the production of books and papers. The
council may provide for an examination or audit of the accounts of any officer or department of the city
government. The council may conduct surveys or research studies of subjects of municipal concern.
COUNCIL DESCRIPTION
POSITION TITLE: City Council Member
RESPONSIBLE TO: Citizens of Crystal
PRIMARY OBJECTIVE OF POSITION
To identify and discuss issues impacting the City of Crystal, receive and consider public input, and make
appropriate decisions and policies in a manner that encourages full and open discussion.
MAJOR AREAS OF RESPONSIBILITY
I. Regularly attends and thoroughly prepares for each Council & EDA Meeting and work sessions
• Thoroughly reads and reviews agenda materials supplied
• Becomes familiar with the City Comprehensive Plan, City Charter, and other city documents and
understands how these documents impact City policy
• Conducts site visits as appropriate
• Solicits and receives input from affected parties and the general public
• Disqualifies self from participation where actual or potential conflict of interest occurs
• Participates in discussion of issues keeping a city-wide perspective and respect of other
councilmember's view of the impact of a proposal
• Assumes responsibility and directs requests to the City Manager for necessary and appropriate
research
II. Responds to constituent requests for information or assistance with problem resolution; daily checks
his/her city voicemail box for messages
III. Serves as Council liaison to a city commission or participates in a committee or task force serving
Crystal
• Responsible for keeping the Council informed of commission, committee or task force activities
and provides relevant information for Council consideration
• Assumes a constructive and active role by attending additional meetings and work sessions
IV. Discusses pertinent legislative issues impacting the City with appropriate representatives
V. Annually evaluates the performance of the City Manager
VI. Establishes and modifies goals, objectives, and policies for the City
VII. Reviews and approves an annual budget & tax levy and capital improvements programs
Name: Home Phone:
Home Address:
Work Phone: Mobile Phone:
Email:
Are you an registered voter in the state of Minnesota? Yes No
What is your occupation?
How will your professional work experience help you as a council member?
Name and location of college, university, technical, professional, business, or trade school you have
attended:
Field of study: Degree or Certificate:
Describe your community involvement in Crystal:
Being part of the city council involves many time commitments including two regular meetings each month
(first and third Tuesdays at 7 p.m.), EDA Meetings (first Tuesday before Council meeting), work sessions
before and after council meetings, and one work session each month (second Thursday at 6:30 p.m.).
Council members serve as a liaison to an advisory commission and these commissions meet one evening
each month.
Does your schedule allow you to attend these meetings? Yes No
CITY COUNCIL VACANCY
APPOINTMENT APPLICATION
Application deadline: 4:00 p.m. __________, 2023
Please type or print answers to each question.
Please describe any business holdings or financial interest you or any member of your family may have with
any business, developer or property owner that could create a conflict of interest for you in your role as a
council member.
What do you think are the three major issues facing Crystal?
1. __________________________________________________________________________________
2. __________________________________________________________________________________
3. __________________________________________________________________________________
If you could change one thing about Crystal, what would it be?
Name one thing about Crystal you do NOT want changed and why?
Why should the City Council appoint you to the vacant position?
“I affirm that the information within this application is true and correct. I am applying for the office of
Section I Council Member and am eligible to vote in Minnesota, I am, or will be on assuming office, 21 years
of age or more, have maintained residence in Section I at the time of application, and meet any other
qualifications for the office prescribed by law. Further, I have not been convicted of an offense for which
registration is required under MN Statutes, section 243.166.”
Applicant’s Signature Date
Please note: If you are appointed to the City Council, your home address, home phone number, and email
will be made available to the general public. Upon verification of eligibility, the information within this
application is public and may be made available to the general public for inspection, upon request.
RETURN APPLICATION TO: Crystal City Hall
Attention: City Clerk
4141 Douglas Drive
Crystal, MN 55422
Fax: 763-531-1188
Chrissy.Serres@crystalmn.gov
For office use only
Applicant resides in Section I? Yes No
Registered voter? Yes No SVRS Voter ID: ____________
Applicant is: Eligible Not eligible
[Date] time of interview: _________
Date received: ___________ Initials: _______ application sent to city clerk
Page 1 of 4
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: Feb. 3, 2023
City Council Meeting Agenda
Tuesday, Feb. 7, 2023
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. Proclamation
3.1 Mayor Adams will proclaim February 2023 as Black History month in the City of Crystal.
4. Consent Agenda
The Council will consider 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 regular work session on Jan. 12, 2023.
b. The City Council and Parks and Recreation joint work session Jan. 12, 2023.
c. The City Council regular meeting on Jan. 17, 2023.
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 Adoption of a resolution accepting donations.
4.4 Approval of a Joint Powers Agreement (JPA) with the City of Maple Grove and Pets Under
Police Security Board (PUPS).
5. 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.
6. Regular Agenda
6.1 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.
Page 2 of 4
Recommend approval of disbursements over $25,000.
6.2 The Council will consider approval of a contract with Tubman for domestic violence
advocacy.
For the last several years, the city has utilized Cornerstone for our domestic advocacy
services. Recently, we have determined that the needs of our victims of domestic assault
would be best met under Tubman in which the advocate would continue to be embedded
within our organization at a cost of $57,500, which is within the budgeted amount of
$60,000 for the 2023 year. Approval is recommended.
6.3 The Council will consider approval of a contract with Hennepin County for a Joint Community
Police Partnership program.
Since 2017, our police department has partnered with Hennepin County for the Joint
Community Police Partnership (JCPP) program, which includes an embedded liaison who
assists the Crystal Police with bridging that gap with our diverse community and building a
foundation of trust and partnership. Recently, Crystal, along with the cities of New Hope
and Robbinsdale determined it was best for all three of our cities to share two JCPP liaisons
for our communities at a shared cost of $26,000, which is less than what we would pay
separately for our own liaison. Approval of the contract with Hennepin County to share
two JCPP liaisons at a cost to Crystal of $26,000 is recommended.
6.4 The Council will consider a Joint Powers Agreement (JPA) with Hennepin County and the
cities of Brooklyn Park, Brooklyn Center, New Hope, and Robbinsdale for the Juvenile
Probation Client Delinquency Prevention Initiative.
Beginning in 2020, Crystal PD participated with other local police departments and the
YMCA on a juvenile diversion program to work with juvenile runaways. Due to its success,
the program is being continued and expanded. There is no expense to the city of Crystal as
the program funding is provided by Hennepin County and administered by the City of
Brooklyn Park. Approval of the Joint Powers Agreement (JPA) with Hennepin County and
the cities of Brooklyn Park, Brooklyn Center, New Hope, and Robbinsdale for the Juvenile
Probation Client Delinquency Prevention Initiative is recommended.
6.5 The Council will consider a resolution authorizing the purchase of a new door and new
windows for the South Lift Station.
The Long-Term Plan included $350,000 in 2022 for various work at the south sanitary sewer
lift station of which less than $200,000 was spent. In 2022, the generator and a pump were
replaced, as well as the installation of security enhancements at a cost of just under
$200,000. The remaining planned work includes the replacement of windows and doors
with a total cost for this work to be $47,750. Approval is recommended.
6.6 The Council will consider a resolution authorizing the purchase and installation of a play area
in Broadway Park.
The play area at Broadway Park is scheduled for replacement in 2023. In the fall of 2022,
the city conducted multiple public engagement and outreach events for the project. The
Page 3 of 4
2023 capital budget (park fund) includes $185,000 for this project. The project will also
receive funds through a federal CDBG grant in the amount of $160,850. Approval of the
attached resolution entering into agreements with Landscape Structures, Inc. in the
amount of $112,847.09 for the purchase of play area equipment; and with Flagship
Recreation in the amount of $72,596.63 for the installation of the equipment is
recommended.
6.7 The Council will consider a resolution authorizing the purchase of picnic shelters for
Broadway and Crystal Highlands Parks.
The 2023 capital budget (park improvement fund) includes $80,000 for a new picnic shelter
in each park, for a total of $160,000. This budget includes the picnic shelter, installation,
concrete work, outlet, security light, and related features. Since a federal CDBG grant will
help fund some of the improvements in Broadway Park. Approval of the resolution to enter
into agreements with Northland Recreation to furnish two 20’ x 20’ picnic shelters by
Poligon in the amount of $66,748 is recommended.
6.8 The Council will consider a resolution awarding a contract for constructing pedestrian bridge
abutments and a new dog park in Bassett Creek Park.
Due to previous bids for the dog park improvements in 2022 coming in high, new bids were
sought and combined with the Basset Creek pedestrian bridge project in 2023. The total
funding budget for these projects is $1,000,000. $300,000 in cost savings experienced from
other projects completed in 2022 and/or originally scheduled in 2023 are now available to
allocate to this project. Approximately $183,000 has already been spent on this project for
the land clearing and towards the bridge purchase in 2022. Approval of the resolution
entering into agreements with Odesa II in the amount of $558,007 for the construction of
improvements in Bassett Creek Park, and with SRF Consulting in the amount of $49,774 for
construction and other related services is recommended.
6.9 The Council will consider a resolution awarding a contract for replacement of the south
parking lot in Grogan Park/Crystal Community Center.
The south parking lot in Grogan Park (community center) is in poor condition and needs to
be replaced. Replacement of the parking lot is in the 2022 and 2023 capital budget
(building fund), and was originally bid in April of 2022. Because the original bids came in
significantly high, the parking lot project was rebid in January of 2023. The total funding for
this project is $1,460,000, which is from the 2022 and 2023 capital budget (parks fund) for
these projects. This budget also covers design work, restoration work, park furnishings and
other items not included in the bid package. The lowest qualified bid is nearly $200,000 less
than the consultant’s estimate for the bid. Approval of the attached resolution entering
into an agreement with GMH Asphalt Corp. in the amount of $1,087,444.07 for the
construction and with SRF Consulting in the amount of $24,725 for construction oversight
services is recommended.
Page 4 of 4
6.10 The Council will consider a resolution for concept planning at Crystal Cove Aquatic Center.
After the January 12, 2023 Joint Work Session, and following multiple rounds of public
engagement and considerate deliberation by the Council, the Council consensus was to
continue pursuing the repair/replacement of the pool facilities. The next phase is to
develop a concept plan. A proposal for this work was obtained from WSB in the amount of
$24,000. The proposal will build on the public engagement received to date and will
provide a first level of concept planning for potential improvements at the pool and
surrounding area. Approval of the attached resolution entering into an agreement with
WSB in the amount of $24,000 for these concept planning services is recommended.
6.11 The Council will consider a resolution accepting a resignation and declaring a vacancy in
office.
Council Member LaRoche is resigning her Section I Council seat as a result of her relocating
out of Crystal. By law, the Council is required to accept her resignation and declare a
vacancy in order to appoint an interim council member to complete the unexpired term.
The Council will discuss the process and timeline for filling the vacancy at the Feb. 7 Work
Session. Approval of the attached resolution accepting the resignation and declaring the
Council vacancy is recommended.
7. Announcements
a. The next City Council work session is Thursday, Feb. 9 at 6:30 p.m. in the Council Chambers at
City Hall and via Zoom.
b. City offices will be closed on Monday, Feb. 20 in observance of the Presidents’ Day holiday.
c. The next City Council meeting is Tuesday, Feb. 21 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.
8. Adjournment
*Denotes no supporting information included in the packet.
Have a great weekend. See you at Tuesday’s meeting.
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 •
PROCLAMATION
BLACK HISTORY MONTH
FEBRUARY 2023
WHEREAS, the city of Crystal is committed to recognizing and honoring all
members of our community and one of the City Council’s priorities is that Crystal be a
city in which all feel welcomed; and
WHEREAS, across the United States, this February millions of Americans are
joining together to celebrate the accomplishments and lasting impacts of our country’s
Black leaders, citizens and people; and
WHEREAS, in this month-long, national celebration, we applaud the
contributions of the Black community to build lasting change for generations to come;
and
WHEREAS, the City of Crystal’s recent establishment of an Inclusion and
Diversity Commission will help further the goal of identifying ways to eliminate barriers
and promote a safe, welcoming, inclusive and diverse community; and
WHEREAS, the Crystal City Council invites all members of the community to
commit to understanding, justice, freedom and equality for all.
NOW, THEREFORE, I, Jim Adams, Mayor of the City of Crystal, do hereby
proclaim February 2023, as BLACK HISTORY MONTH in the City of Crystal.
Dated this 7th day of February, 2023.
________________________________
Jim Adams, Mayor
3.1
Crystal City Council work session minutes Jan. 12, 2023
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the
work session of the Crystal City Council was held at 6:33 p.m. on Jan. 12, 2023 in the Council Chambers
at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Adams called the meeting to order.
I.Attendance
The interim city manager recorded the attendance for city council members and staff:
Council members present: Adams, Budziszewski, Cummings, Eidbo, Kamish and LaRoche.
Council Member Kiser was absent.
City staff present: Interim City Manager K. Therres, Recreation Director J. Elholm, Public Works
Director M. Ray and Community Development Director J. Sutter.
II.Agenda
The Council and staff discussed the following agenda item:
1.Undergrounding of power poles along 42nd Avenue N.
III.Adjournment
The work session adjourned at 6:59 p.m.
________________________________
Jim Adams, Mayor
ATTEST:
Kim Therres, Interim City Manager
4.1(a)
Crystal City Council and Parks and Recreation Commission joint work session minutes Jan. 12, 2023
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the
joint work session of the Crystal City Council and Parks and Recreation Commission was held at 6:59
p.m. on Jan. 12, 2023 in the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN, and via
Zoom. Mayor Adams called the meeting to order.
I.Attendance
The interim city manager recorded the attendance for city council members and staff:
Council members present: Adams, Budziszewski, Cummings, Eidbo, Kamish and LaRoche.
Council Member Kiser was absent.
City staff present: Interim City Manager K. Therres, Recreation Director J. Elholm, Public Works
Director M. Ray and Community Development Director J. Sutter.
Also present were Parks and Recreation commissioners: Anderson, Cooper, Haney, McCaffrey,
Onesirosan, Sumnicht and Zielinski.
II.Agenda
The Council, commissioners and staff discussed the following agenda item:
1.Crystal Cove Aquatic Center.
III.Adjournment
The joint work session adjourned at 7:21 p.m.
Jim Adams, Mayor
ATTEST:
Kim Therres, Interim City Manager
4.1(b)
Crystal City Council meeting minutes Jan. 17, 2023
Page 1 of 5
1.Call to Order
Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on
Jan. 17, 2023 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, MN and
via Zoom. 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: Budziszewski, Cummings, Eidbo, Kamish, Kiser, LaRoche and Adams.
City staff present: City Manager A. Bell, City Attorney T. Gilchrist, Recreation Director J. Elholm,
West Metro Fire-Rescue District Chief S. Larson, Public Works Director M. Ray, Police Chief S.
Revering, Community Development Director J. Sutter 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 LaRoche and seconded by Council Member Kiser to approve the
agenda.
Motion carried.
3.Appearances
3.1 Police Chief Revering introduced the most recent promotional opportunities for Lieutenant
Justin Tourville and Sergeants Albers, Nolan and Saba.
3.2 Recreation Director Elholm introduced the recognition of Lynn Haney as the 2022 recipient of
the Minnesota Recreation and Park Association Board and Commission Award. Lynn Haney
thanked the Council for the opportunities to serve the City of Crystal.
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 meeting:
a. The City Council regular meeting on Jan. 3, 2023.
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 Adoption of Res. No. 2023-04, accepting a donation.
4.4 Adoption of Res. No. 2023-05, approving the Inflow and Infiltration Grant Agreement with
Metropolitan Council Environmental Services.
4.5 This item was removed from the consent agenda and added to the regular agenda before the
first regular agenda item.
4.1(c)
Crystal City Council meeting minutes Jan. 17, 2023
Page 2 of 5
4.6 Approval of the following annual city staff appointments for 2023:
a. Hennepin County Recycling Group (HRG): City Manager Adam R. Bell.
b. Local Government Information Systems (LOGIS) Board Member: City Manager Adam R.
Bell; and alternate: Assistant City Manager Kim Therres.
c. Northwest Suburbs Cable Communications Commission and CCX Media Board: City
Manager Adam R. Bell.
4.7 Adoption of Res. No. 2023-07, appointing City Manager Adam R. Bell as Crystal’s
representative on the Joint Water Commission to a term to expire Jan. 31, 2024.
Moved by Council Member Budziszewski and seconded by Council Member Cummings to approve
the consent agenda, but remove item 4.5 from the consent agenda and add it to the beginning of
the regular agenda.
Motion carried.
5. Open Forum
The following person addressed the council regarding the 2023 Council liaison designations:
• Burt Orred, 6700 63rd Ave. N.
6. Regular Agenda
Item 4.5 was removed from the consent agenda and added to the beginning of the regular agenda.
4.5 The Council considered adoption of a resolution approving the 2023 City Council Rules.
City Attorney T. Gilchrist addressed the Council.
Moved by Council Member LaRoche and seconded by Council Member Kamish to adopt the
following resolution:
RESOLUTION NO. 2023 – 06
A RESOLUTION ADOPTING THE 2023 CRYSTAL
CITY COUNCIL RULES OF PROCEDURES
By roll call voting aye: LaRoche, Adams, Cummings, Eidbo, Kamish and Kiser.
Voting nay: Budziszewski.
Motion carried, resolution declared adopted.
6.1 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 Kiser and seconded by Council Member Budziszewski to approve
the list of disbursements over $25,000.
Voting aye: Budziszewski, Cummings, Eidbo, Kamish, Kiser, LaRoche and Adams.
Motion carried.
6.2 The Council considered a resolution for approval of variances from lot depth and rear setback
requirements at 5020 Welcome Ave. N.
Community Development Director John Sutter addressed the Council.
4.1(c)
Crystal City Council meeting minutes Jan. 17, 2023
Page 3 of 5
Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adopt
the following resolution:
RESOLUTION NO. 2023 – 08
RESOLUTION APPROVING A VARIANCE FOR 5020 WELCOME AVENUE NORTH
Voting aye: Budziszewski, Cummings, Eidbo, Kamish, Kiser, LaRoche and Adams.
Motion carried, resolution declared adopted.
6.3 The Council considered resolutions approving plans and specifications and authorizing
advertisement for bids for the 2023 Utility Reconstruction Project.
Public Works Director Mark Ray addressed the Council.
Moved by Council Member LaRoche and seconded by Council Member Kiser to adopt the
following resolution:
RESOLUTION NO. 2023 – 09
APPROVING PLANS AND SPECIFICATIONS FOR THE
2023 UTILITY RECONSTRUCTION PROJECT
Voting aye: Budziszewski, Cummings, Eidbo, Kamish, Kiser, LaRoche and Adams.
Motion carried, resolution declared adopted.
Moved by Council Member LaRoche and seconded by Council Member Kiser to adopt the
following resolution:
RESOLUTION NO. 2023 – 10
ORDERING ADVERTISEMENT FOR BIDS FOR THE
2023 UTILITY RECONSTRUCTION PROJECT
Voting aye: Budziszewski, Cummings, Eidbo, Kamish, Kiser, LaRoche and Adams.
Motion carried, resolution declared adopted.
6.4 The Council considered resolutions approving the plans and specifications and authorizing
advertisement for bids for the 2023 Street Mill and Overlay Project.
Public Works Director Mark Ray addressed the Council.
Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adopt
the following resolution:
RESOLUTION NO. 2023 – 11
APPROVING PLANS AND SPECIFICATIONS
2023 BITUMINOUS STREET RESURFACING PROJECT
Voting aye: Budziszewski, Cummings, Eidbo, Kamish, Kiser, LaRoche and Adams.
Motion carried, resolution declared adopted.
4.1(c)
Crystal City Council meeting minutes Jan. 17, 2023
Page 4 of 5
Moved by Council Member LaRoche and seconded by Council Member Budziszewski to adopt
the following resolution:
RESOLUTION NO. 2023 – 12
ORDERING ADVERTISEMENT FOR BIDS
2023 BITUMINOUS STREET RESURFACING PROJECT
Voting aye: Budziszewski, Cummings, Eidbo, Kamish, Kiser, LaRoche and Adams.
Motion carried, resolution declared adopted.
6.5 The Council considered a resolution authorizing the contract for professional services for
undergrounding utilities along 42nd Avenue.
Public Works Director Mark Ray addressed the Council.
Moved by Council Member Cummings and seconded by Council Member Kiser to adopt the
following resolution:
RESOLUTION NO. 2023 – 13
AUTHORIZING PROFESSIONAL SERVICES AGREEMENT FOR THE
42nd AVE UTILITY UNDERGROUNDING PROJECT
Voting aye: Budziszewski, Cummings, Eidbo, Kamish, Kiser, LaRoche and Adams.
Motion carried, resolution declared adopted.
6.6 The Council considered a resolution appointing Council Member Nancy LaRoche as Crystal’s
representative on the West Metro Fire-Rescue District Board of Directors.
Moved by Council Member Budziszewski and seconded by Council Member Eidbo to adopt the
following resolution:
RESOLUTION NO. 2023 – 14
RESOLUTION APPOINTING A MEMBER TO
THE BOARD OF DIRECTORS FOR
THE WEST METRO FIRE-RESCUE DISTRICT
Voting aye: Budziszewski, Cummings, Eidbo, Kamish, Kiser, LaRoche and Adams.
Motion carried, resolution declared adopted.
7. Announcements
The Council and staff made announcements about upcoming events.
8. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member LaRoche to adjourn the
meeting.
Motion carried.
The meeting adjourned at 7:55 p.m.
4.1(c)
Crystal City Council meeting minutes Jan. 17, 2023
Page 5 of 5
___________________________________
Jim Adams, Mayor
ATTEST:
_____________________________________
Chrissy Serres, City Clerk
4.1(c)
City of Crystal Council Meeting
Feb. 7, 2023
Applications for City License
Rental – New
5402 Angeline Ave. N. – Ray and Cindy Scherbing Living Trust
5641-5643 Perry Ave. N. – Mercy Barros (Conditional)
5509 Yates Ave. N. – Princess Mai Yanforth Wilson (Conditional)
Rental – Renewal
4353 Adair Ave. N. – James Richards
5720 Adair Ave. N. – Invitation Homes
5232 Angeline Ct. N. – Emanuel Ruedenberg (Conditional)
3505 Brunswick Ave. N. – Donald Weld (Conditional)
5756 Brunswick Ave. N. – Michael Mohinani (Conditional)
3817-3819 Colorado Ave. N. – True Home Twin Cities LLC (Conditional)
4321 Colorado Ave. N. – James Baker (Conditional)
4337 Colorado Ave. N. – Stephanie LaFave (Conditional)
6332 Corvallis Ave. N. – Mackenzie Broughton
3038 Douglas Dr. N. – John McGowan
4817 Douglas Dr. N. – FYR SFR Borrower (Conditional)
5115 Edgewood Ave. N. – Mario Chauca (Conditional)
5644 Elmhurst Ave. N. – Eugene Posthumus
5660 Elmhurst Ave. N. – LSF8 Master Participation (Conditional)
2817 Hampshire Ave. N. – Jose Bernal (Conditional)
2912 Hampshire Ave. N. – FYR SFR Borrower (Conditional)
3948 Idaho Ave. N. – Invitation Homes (Conditional)
4807 Idaho Ave. N. – Melody Holt (Conditional)
5943 Jersey Ave. N. – James Waters
6034 Jersey Ave. N. – James Waters (Conditional)
4041 Kentucky Ave. N. – Reid Kinde (Conditional)
5228 Kentucky Ave. N. – Michael Mills
3428 Lee Ave. N. – Sogdiana LLC (Conditional)
2712 Louisiana Ave. N. – Hennepin RP Funding LLC (Conditional)
3532 Major Ave. N. – Lance Rosenberg (Conditional)
5640 Nevada Ave. N. – R&B Mgt II LLC (Conditional)
8000 Northern Dr. N. – Hongtao Zhu
5816 Orchard Ave. N. – Invitation Homes
3432 Regent Ave. N. – Bin Wang
3540 Regent Ave. N. – Larry Brockel (Conditional)
5525 Regent Ave. N. – Cheng Lor (Conditional)
5731 Regent Ave. N. – Thomas Ruen
5607 Rhode Island Ave. N. – Anthony Otis (Conditional)
5718 Sumter Ave. N. – Lance Rosenberg
5601 Twin Lake Ter. – HPA JV Borrower 2019-1 ATH LLC (Conditional)
3347 Utah Ave. N. – Invitation Homes
5510 Vera Cruz Ave. N. – Building Ventures
4.2
Rental – Renewal continued
4719 Welcome Ave. N. – Julie Zhu
3612 Yates Ave. N. – David Cheng (Conditional)
6300 27th Ave. N. – Solar Partnership (Conditional)
6716 43rd Ave. N. – Bobbie Morlock
6818 58th Ave. N. – Invitation Homes (Conditional)
7717 59th Pl. N. – Jodi Heiden
Solicitor
Marie Crebessa for Legacy Restoration, 15350 25th Ave. N., Suite 114, Plymouth, MN 55447
Bradley Kaye for Legacy Restoration, 15350 25th Ave. N., Suite 114, Plymouth, MN 55447
Kara Centorani for Legacy Restoration, 15350 25th Ave. N., Suite 114, Plymouth, MN 55447
Paul Montgomery for Legacy Restoration, 15350 25th Ave. N., Suite 114, Plymouth, MN 55447
Isaac Timberlake for Legacy Restoration, 15350 25th Ave. N., Suite 114, Plymouth, MN 55447
Tree Trimmer
Jeff Hoheisel Professional Tree Service, 34214 Hwy 27, Hillman, MN 56338
4.2
CITY OF CRYSTAL
RESOLUTION NO. 2023 - ___
RESOLUTION ACCEPTING DONATIONS FROM
GINGER MCFERRAN, GILDA ROMERO, CATE RYSAVY, EDIE SANDMEIER
AND AN ANONYMOUS DONOR
WHEREAS, Minnesota Statute §465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution; and
WHEREAS, said donations must be accepted by a resolution adopted by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crystal to accept the
following donations:
Donors Purpose Amount
Ginger McFerran Bench and tree in memory of Gina Burke $3,000
Gilda Romero Recreation Youth Scholarship Fund $10
Cate Rysavy Recreation Youth Scholarship Fund $10
Edie Sandmeier Bench and tree in memory of Tom Porter $3,000
Anonymous General Fund $20
And BE IT FURTHER RESOLVED that the Crystal City Council sincerely thanks the above-named
for their generous donations.
Dated: Feb. 7, 2023
By: __________________________
Jim Adams, Mayor
ATTEST:
__________________________
Christina Serres, City Clerk
4.3
CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT
“Service with Compassion, Integrity, & Professionalism”
TO: Mayor and Council Members
FROM: Stephanie K. Revering, Chief of Police
CC: Adam R. Bell, City Manager
DATE: February 2, 2023
SUBJECT: Consent Agenda: February 7, 2023 Council Meeting
___________________________________________________________________________
MMEEMMOORRAANNDDUUMM
BACKGROUND
As you are aware, we partner with Pets Under Police Security (PUPS) in the City of Maple
Grove for our animal control needs. For several years, several cities have been under this
Joint Powers Agreement (JPA) and we share costs of the facility.
CONSIDERATION
We are asking for your approval of the JPA with PUPS.
As always, please let me know if you have any questions. Thanks.
4.4
1
JOINT POWERS AGREEMENT
for
PETS UNDER POLICE SECURITY (“PUPS”)
This JOINT POWERS AGREEMENT (“Agreement”) is made and entered into pursuant to
Minn. Stat. § 471.59 by the cities of Maple Grove, Brooklyn Center, Brooklyn Park, Champlin,
Crystal, New Hope, Plymouth, and Robbinsdale (“Members”) as of the Effective Date specified
herein.
WHEREAS, the Members acknowledge that in the course of operations of their
respective municipal animal control efforts, they encounter animals that require safe, efficient,
and economical impoundment;
WHEREAS, the Members desire and intend to maintain an organization by which they
may jointly and cooperatively provide for the impoundment of such animals in a jointly
operated animal control impound facility (“PUPS Facility”);
WHEREAS, the Members desire to provide for the joint use and shared financial
responsibilities of operation of the PUPS Facility;
WHEREAS, the PUPS Facility is located at 11350 89th Ave N, Maple Grove, MN 55369;
BASED UPON AND IN CONSIDERATION OF THE FOREGOING, the Members agree as follows:
1. Term. This Agreement shall commence on January 1, 2023 (“Effective Date”) and expire
on December 31, 2053 unless earlier terminated as specified herein. Upon expiration of
the initial term, the Members may negotiate and may agree to extend this Agreement.
2. Membership
a. Initial membership. By executing this Agreement, municipalities noted above are
the initial Members of PUPS and are subject to the terms and conditions of this
Agreement.
b. Additional members. Any governmental unit may make application to become a
member of PUPS. In order to apply, a governmental unit must contact the Board
and inform the Board of the governmental unit’s intent to join. Applications will
be considered in the sole discretion of the Board and according to terms and
conditions set by the Board in accordance with this Agreement. The terms and
conditions of additional membership shall be documented in an addendum to
this Agreement.
c. Withdrawal. Members may elect to withdraw from PUPS upon written notice to
the Board no later than June 30 in any year specifying an effective date no earlier
than January 1 of the subsequent year. All obligations of the withdrawing
Member continue through the effective date of withdrawal.
4.4
2
3. Board
a. Composition and voting. The governing body of PUPS shall be a Board of
Directors (“Board”) consisting of one board member from each Member city.
Each Member has one vote and proxy voting shall not be allowed. Maple Grove’s
representative shall be the board chair.
b. Meetings. Except as otherwise provided in this Agreement, the Board shall meet
either virtually or in person as often as it is deemed necessary and keep minutes,
in either electronic or written form, of the substance of each meeting. Minutes
of the Board meetings shall be made available to Members for their review.
c. Board authority. The Board by majority vote of its members must approve the
annual operation budget and any significant budgetary impacts or changes, any
capital improvements, and any new members. The Maple Grove City
Administrator may overturn any decision by the Board resulting in additional
building maintenance expenditures, modification of the PUPS Facility, or
increased capital improvement needs.
4. Management and Use
a. Animal Containment Coordinator. Maple Grove will appoint, employ, and
supervise an Animal Containment Coordinator for the PUPS Facility. The Animal
Containment Coordinator will be employed by Maple Grove, the costs of which,
including wages, benefits, and other related expenses, shall be proportionally
paid for by the Members.
b. PUPS Facility Use. The Animal Containment Coordinator, in consultation with the
Board, will be responsible for setting the hours of operation, public hours,
records management, and animal care subject to the rights and obligations of
the Members.
c. Use by non-Members. The Board will establish guidelines, polices, rates, and fees
for any use of the PUPS Facility by non-Members.
d. Maintenance. Maple Grove shall be responsible for all maintenance, repair,
replacement, and upkeep of the PUPS Facility necessary to keep it in good repair
and clean condition, the costs for which will be paid by the Members in
proportion to their share set forth herein. If the Board determines that Maple
Grove has failed to perform the maintenance or make any of the repairs or
changes required by this Agreement, the Board shall notify Maple Grove in
writing of the required maintenance, repairs, or changes. Maple Grove has 30
days after receipt of such notice to perform or make the required maintenance,
repairs, or changes, after which time upon authorization by the Board any other
Member may but are not obligated to perform or make the required
maintenance, repairs, or changes, the costs of which shall be shared among all
Members in proportion to their share set forth herein. In such event, Maple
Grove shall allow reasonable access to the PUPS Facility to any person
authorized by the Board to perform maintenance, repairs, or changes. If Maple
Grove fails to timely cure under this Article, it shall be liable for any damage to
property or loss sustained by the other Members, except damage or loss caused
by any other Members’ negligent or willful conduct. Maple Grove’s failure to
4.4
3
timely cure under this Article shall not constitute a default of this Agreement
unless such failure significantly impairs the other Members’ use of PUPS.
5. Operations
a. Owner-Operator. Maple Grove shall be the owner, operator, and fiscal agent of
PUPS, subject to the rights and obligations of the Members set forth in this
agreement. Maple Grove shall control all PUPS operations including but not
limited to staffing and billing. No Member shall take any action to install
equipment or modify the PUPS Facility or the real property on which the PUPS
Facility is located without express, written, advance approval from the Board.
b. Operating Costs. Operating Costs include all expenses and costs incurred and
normally required with respect to repair, replacement, maintenance, and
operation of the PUPS Facility and equipment, improvements, sidewalk,
driveways, and parking facilities. Operating costs shall include but are not limited
to the following:
i. Wages, salaries, benefits, and related expenses of all employees
engaged in the operation, management, maintenance, and care of
animals within the PUPS Facility, including, without limitation, the
Animal Containment Coordinator;
ii. All supplies and materials used in the operation and maintenance of the
PUPS Facility;
iii. Cost of utilities, including but not limited to water, sewer, heating,
lighting, electricity, air conditioning, and ventilation for the PUPS
Facility;
iv. Maintenance and service agreements for PUPS and the maintenance,
service, and replacement of the equipment in the PUPS Facility or
parking facilities;
v. Costs of all insurance for PUPS, including but not limited to premiums,
deductibles, and the costs to purchase and maintain fire, property,
casualty, and liability insurance;
vi. Any and all common area maintenance costs related to public areas of
the PUPS Facility, including but not limited to all bathrooms, sidewalks,
landscaping, drives, and, service areas;
vii. Capital expenditures including but not limited to the cost to maintain,
repair, or replace all structural components of the PUPS Facility,
fixtures, equipment, and site improvements.
c. Operating Budget. Maple Grove shall provide Members and the Board a copy of
the proposed budget of the estimated Revenue and Operating Costs for PUPS
(the "Operating Budget") by June 1 for the following calendar year. The Board
shall approve the operating budget on or before August 31 of each year.
d. Cost Sharing. Members shall share in all Operating Costs for PUPS. The Board
must adopt an annual Operating Budget by June 1 of each year and provide each
Member a reasonable opportunity to comment on the proposed budget before
adoption. Notification of the adopted budget must be provided promptly to the
chief administrative officer of each member. Cost sharing shall be determined
4.4
4
based on the actual number of impounded animals per Member or according to
other methodology adopted by a 2/3 majority of the Board. Each Member shall
pay Maple Grove the Member’s share of Operating Costs in two equal
installments due on May 31 and August 31. The final operations bill back will be
due on February 28 of the following year. Maple Grove shall submit an invoice to
the Members approximately 30 days in advance to assure timely payment. If a
Member ceases to be a Member at any time other than the end of a calendar
year, the exiting Member’s portion of Operating Costs shall be reallocated to the
remaining Members according to their Percentage Share.
e. Unanticipated Expenses. An “unanticipated expense” is an expenditure that is
not included in an approved Operating Budget but is necessary for the continued
operation of PUPS. Maple Grove shall have discretion in consultation with the
Board to approve and incur any unanticipated expense.
f. Reconciliation and Reserve Account. On or before June 30 of each year, Maple
Grove shall provide the other Members documentation of the net surplus or
deficit of Operating Costs in relation to payments made in the preceding year.
Any such surplus or deficit in payments shall be treated as follows:
i. If there is an actual deficit, each Member will be responsible for its
Percentage Share of the deficit.
ii. If there is an actual surplus, the amount overpaid by the Members shall
be deposited into a PUPS account to be maintained by Maple Grove
(the "PUPS Capital") and used by Maple Grove for PUPS-related
expenses. If Maple Grove cancels this Agreement as provided in
Paragraph 12, any funds remaining in the PUPS Account at the time of
such cancellation or termination shall be distributed to all Members in
accordance with their Percentage Share determined at that time. Upon
any other termination or cancellation of this Agreement, Maple Grove
shall retain all funds in the PUPS Account.
g. Capital Contribution. All Members shall by June 30 of each year make a collective
annual capital investment in the PUPS Facility of $25,000, or in a different
amount as may be determined by the Board, divided among membership
according to the following percentage formula: the total annual number of
animal impounds attributable to the Member divided by the total annual
number of all PUPS animal impounds in the prior year. Partial year capital
contributions will be prorated.
e.g. PUPS impounds 900 animals in a given year, including 100 animals
from Maple Grove. Maple Grove is responsible for 11.1% of the total
impounds. Maple Grove’s capital contribution for that year would be
$2,775 (11.1% of $25,000).
h. Inspection. Maple Grove agrees that Members, at their own expense and
through their duly authorized representatives, at any time during normal
business hours and as often as reasonably necessary, shall have the right to
examine, audit, excerpt, and transcribe any books and records which are
pertinent to or involve transactions relating to this Agreement, including
4.4
5
verification of amounts and types of expenses which appear on the Operating
Budget or statements of actual Operating Costs.
6. Compliance with Rules and Regulations. The Members agree to comply with all
applicable federal, state, municipal, and local laws, ordinances, and regulations while
occupying PUPS. The Members shall comply with Maple Grove’s reasonable rules for the
safety, care, cleanliness, and preservation of good order of PUPS, provided that the
rules are submitted to them in writing and do not conflict with the terms of this
Agreement.
7. Insurance. Maple Grove will, at all times during the Term and any renewal period of this
Agreement, either self-insure or have and keep in force a single limit or excess umbrella
commercial general liability insurance policy of an amount not less than $500,000 per
claimant for death, bodily injury, personal injury, property loss and/or damages and
$1,500,000 for total personal injury, bodily injury, property loss and/or damages arising
from any one occurrence or greater limits which may be subsequently allowed under
Minn. Stat. §§ 466.02 and 466.04, as amended. Maple Grove will furnish Members with
Certificates of Insurance documenting the insurance coverage required by this
Agreement upon request. All Certificates shall provide that the insurance company shall
give 10 days written notice to the Members of cancellation, non-renewal, or any
material change in the policy.
8. Liability.
a. Cooperative Activity. Pursuant to Minn. Stat.§ 471.59, subd. la(a), as amended,
this Agreement is intended to be and shall be construed as a “cooperative
activity” and it is the intent of the Members that they shall be deemed a “single
governmental unit” for the purposes of liability; provided, however, that each
Member expressly declines responsibility for the acts or omissions of the other
Member. Nothing in this Agreement shall be construed to waive or limit any
immunity from, or limitation on, the liability of either Member as provided by
law.
b. Third Party. To the extent that tort damages or other related costs or fees
become payable to a third party as a result of this Agreement or the activities
carried out pursuant to this Agreement, the Members shall each pay an amount
equal to their respective percentage of liability. Notwithstanding the foregoing,
this Agreement is solely for the benefit of the Members, it being the express
intent of the Members that no other entity or person shall have any right, claim,
or interest in this Agreement.
c. Employee Liability Limitation. No Member shall be responsible or liable for
injuries or death of the other Members' employees or officers. Each Member will
maintain worker’s compensation coverage to the extent required by law on its
employees and officers who perform work or use the PUPS Facility pursuant to
this Agreement.
d. No Immunity Waiver. Nothing in this Agreement is intended or should be
construed in any manner as a waiver of any Member’s immunities or of the tort
limits contained in Minnesota Statutes chapter 466.
4.4
6
9. Indemnification. Subject to the limitations, immunities, and defenses in Minnesota
Statute chapter 466, each Member shall defend, indemnify, and hold harmless the other
Members and their officers and employees from and against any and all liability, loss,
damages, costs, and expenses which it or its employees or agents may hereafter sustain,
incur, or be required to pay arising out of or resulting from the performance of this
Agreement, provided that any such claim, damage, loss, or expense is (1) attributable to
personal or bodily injury, sickness, disease, or death or to injury to or destruction of
tangible property including the loss of use therefrom; and (2) caused by any negligent
acts or omissions of the indemnifying Member or its employees, agents, or any other
person or entity for whose actions it may be liable.
10. Dispute Resolution; Applicable Law; Venue. In the event some or all of the Members
are unable to reach agreement regarding interpretation of their rights and obligations
under this Agreement, the disagreeing Members shall participate in mediation pursuant
to the Minnesota Civil Mediation Act, as amended (currently codified at Minn. Stat.§
572.31 et seq.) prior to initiating any other form of dispute resolution, including legal
action. This Agreement is created under and shall be read and construed according to
Minnesota law. Any legal action between the Members related to this Agreement shall
be venued in a court of competent jurisdiction in Hennepin County, Minnesota.
11. Default. If any payment by a Member required by this Agreement remains unpaid for 30
days after written notice or a Member fails to comply with any of the terms and
conditions of this Agreement and such failure continues for 30 days after written notice,
such Member shall be deemed in default. Upon the occurrence of such default, Maple
Grove may in its discretion in consultation with the Board terminate the defaulting
Member’s membership in this Agreement and recover damages from the defaulting
Member including but not limited to all unpaid amounts due and owing under this
Agreement plus any sum of money as may be determined fair and equitable by a court
having jurisdiction over this matter, plus interest at the maximum rate allowed by law.
12. Termination By Maple Grove. Maple Grove may, in its sole discretion, elect to
terminate this Agreement upon written notice to the Members. Such notice shall
provide for no less than one full budget year (January 1 – December 31) prior to its
effective date of termination e.g. if notice under this provision were provided on March
1, 2026, the effective date of termination could be no earlier than January 1, 2028.
13. Miscellaneous Provisions
a. Waiver. Failure by any Member to insist, in any one or more instances, upon
strict performance of any term, covenant, or condition of this Agreement or to
exercise any option contained in this Agreement shall not be construed as a
waiver or a relinquishment for the future of such term, covenant, condition, or
option, but the same shall continue and remain in full force and effect. The
Members shall not be deemed to have waived any provision of this Agreement
until expressed in a signed writing.
b. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same
instrument.
4.4
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c. No Assignment. This Agreement may not be assigned except by the advance,
express written consent of all other Members.
d. Entire Agreement; Modification. This Agreement shall constitute the entire
agreement among the Members as to the subject matter and any
understandings or representations of any kind preceding the execution of this
Agreement shall not be binding upon the Members. This Agreement may not be
amended or modified except by a written instrument executed by all Members.
e. Authority. Each Member represents and warrants that it has the power and
authority to enter into this Agreement. Each Member further represents and
warrants that the person or persons executing this Agreement on its behalf have
full and complete legal authority to do so, and thereby bind the Member and, to
the extent permitted by this Agreement, its successors and assigns.
f. Notices. Any notice or demand, which may or must be given or made by any
Member under the terms of this Agreement or any statute or ordinance shall be
in writing and be sent registered or certified mail to the other Members
addressed as follows:
To: Maple Grove
City Clerk
City of Maple Grove
12800 Arbor Lakes Parkway
Maple Grove, MN 55369
To: Brooklyn Park
Police Chief
City of Brooklyn Park
5400 85th Ave. N
Brooklyn Park, MN 55443
To: Brooklyn Center
Police Chief
City of Brooklyn Center
6645 Humboldt Ave
Brooklyn Center, MN 55430
To: Champlin
Police Chief
City of Champlin
11955 Champlin Drive
Champlin, MN 55316
4.4
8
To: Crystal
Police Chief
City of Crystal
4141 Douglas Drive N
Crystal, MN 55427
To: New Hope
Police Chief
City of New Hope
4401 Xylon Ave N
New Hope, MN 55428
To: Plymouth
City Clerk
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447-1448
To: Police Chief
City of Robbinsdale
4101 Hubbard Ave N
Robbinsdale, MN 55442
Each Member may designate a different addressee or form of accepting notice at
any time by giving written notice to the other Members as provided in this
paragraph. Notice delivered by hand shall be deemed received upon delivery.
g. Acknowledgement. Each of the Members affirms and acknowledges that it has
fully read, appreciates, and understands the words, terms, conditions, and
provisions of this Agreement and is fully satisfied with the same. Each Member
affirms and acknowledges that it has been, or had the opportunity to be,
represented by legal counsel of its choice.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on
the date indicated below:
[Signature Pages to Follow]
4.4
9
CITY OF MAPLE GROVE
_________________________________
By: Mark Steffenson
Its: Mayor
Dated:______________, 2023
______________________________
By: Heidi Nelson
Its: City Administrator
Dated: _____________, 2023
4.4
10
CITY OF BROOKLYN CENTER
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
4.4
11
CITY OF BROOKLYN PARK
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
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12
CITY OF CHAMPLIN
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Administrator
Dated: _____________, 2023
4.4
13
CITY OF CRYSTAL
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
4.4
14
CITY OF NEW HOPE
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
4.4
15
CITY OF PLYMOUTH
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
4.4
16
CITY OF ROBBINSDALE
_________________________________
By:
Its: Mayor
Dated:______________, 2023
_________________________________
By:
Its: City Manager
Dated: _____________, 2023
4.4
DATE: February 1, 2023
TO: Adam R. Bell, City Manager
City of Crystal City Council
FROM: Jean McGann, Contracted Finance Director
RE: Expenditures over $25,000
Payee Amount
IRS - EFTPS Federal & FICA withholding taxes for 1/6/23 pay date $59,166.19
HealthPartners, Inc.January health insurance premiums $127,723.50
Metropolitan Council Environ Svs Wastewater services for February $138,936.19
Shingle Creek WMO Annual dues for 2023 $29,973.42
Flexible Pipe Tool Co.Replacement vehicle #403 jetter truck $273,750.97
LMCIT 2023 workers compensation insurance for Q1 $155,136.00
Intereum, Inc.City Hall remodel project $193,217.77
MN PERA Employee & city required contributions for 1/20/23 pay date $68,381.95
IRS - EFTPS Federal & FICA withholding taxes for 1/20/23 pay date $66,234.82
$1,112,520.81
Description
6.1
CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT
“Service with Compassion, Integrity, & Professionalism”
TO: Mayor and Council Members
FROM: Stephanie K. Revering, Chief of Police
CC: Adam R. Bell, City Manager
DATE: February 2, 2023
SUBJECT: Regular Agenda: February 7, 2023 Council Meeting
___________________________________________________________________________
MMEEMMOORRAANNDDUUMM
BACKGROUND
For the last several years, we have utilized Cornerstone for our domestic advocacy services.
After conducting some research, we have determined that the needs for our victims of
domestic assault would be best met under Tubman in which the advocate would continue to
be embedded within our organization.
CONSIDERATION
We are asking for your approval of the contract with Tubman in the amount of $57,500 (the
budgeted amount was $60,000) for the 2023 year.
As always, please let me know if you have any questions. Thanks.
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CR225-431-843809.v2
41-12 PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made between the
City of Crystal (“City”), a Minnesota municipal corporation, and the following consultant
(“Consultant”):
Consultant Name/ Organization:
Tubman
Federal EIN: 41-1240048
Mailing Address:
4432 Chicago Avenue
Minneapolis MN 55407
Telephone Number: 612-825-333, corporate
location
Contact Person:
Jennifer J. Polzin, CEO, authorized to sign
contracts
Email:
jpolzin@tubman.org, 612-767-6697 (office)
The following person is designated the Contract Manager (“Contract Manager”) for the City
for the purposes of this Agreement:
Name:
Brian V. Hubbard, Deputy Police Chief
Email:
Brian.hubbard@crystalmn.gov
Mailing Address:
4141 Douglas Drive
Crystal, MN 55422
Telephone Number:
763-531-1011
City and Consultant may hereinafter be referred to individually as a “party” or collectively as the
“parties.” In consideration of the mutual promises and agreements contained herein, and
intending to be legally bound, City and Consultant hereby agree as follows:
1. Agreement Documents. This Agreement, which includes the Description of Services
attached hereto as Exhibit A, sets out the entire understanding between the parties and it
supersedes any prior written or oral discussions or agreements between the parties regarding
the same subject matter. This Agreement also includes, if they exist, City’s request for
proposals for the Services and the proposal submitted by Consultant, both of which are
incorporated herein by reference. The provisions of the documents constituting the
Agreement shall be read together and reconciled in the documents to the greatest extent
reasonably possible. To the extent there are any conflicting provisions that cannot be
reconciled, the more specific provision shall generally be controlling. In the event that a
material conflict is found between provisions of the documents, the provisions in the
following rank order shall take precedence: (1) the Descriptions of Services in Exhibit A; (2)
this Professional Services Agreement document; (3) Consultant’s proposal.
2. Services. Consultant agrees to provide the City the services as described in the attached
Exhibit A (collectively, the “Services”) in accordance with the terms and conditions of this
Agreement. Consultant shall provide the Services in a manner consistent with industry
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CR225-431-843809.v2
standards for similar Services and in accordance with the standards, requirements, and
timelines set out in Exhibit A.
3. Compensation. City shall compensate Consultant for the Services as provided in Exhibit A.
The total annual compensation is $57,500. Unless expressly provided otherwise in Exhibit
A, the total amount or rate of compensation is an all-inclusive amount that includes all
expenses, costs, taxes, and other amounts Consultant incurs or pays to provide the Services.
City shall not be responsible for paying any amounts for the completion of the Services other
than those expressly provided for in Exhibit A.
4. Notices. Any notices provided under this Agreement shall be to Consultant and Contract
Manager as identified above.
5. Term. This Agreement shall commence on January 15, 2023 and shall terminate on
December 31, 2023, unless it is terminated earlier as provided herein or the parties agree in
writing to an extension of this Agreement.
6. Invoices. Consultant shall submit itemized invoices for the Services provided under this
Agreement no more than once a month during the term of this Agreement. All invoices are
subject to verification by the City. City has thirty (30) days from the receipt of invoice to
pay Consultant. However, if, in City’s reasonable determination, an invoice does not contain
sufficient detail to verify the delivery of the Services for which payment is being sought, City
may withhold payment on the invoice until Consultant provides the requested additional
detail. Such withholding shall not constitute a breach of this Agreement.
7. Independent Contractor. Consultant and its employees are not employees of City.
Nothing in the Agreement is intended or should be construed in any manner as creating or
establishing the relationship as employer/employee, co-partners, or a joint venture between
City and the Contractor. It is agreed that Consultant and its employees will act as an
independent contractor and acquire no rights to tenure, workers’ compensation benefits,
unemployment compensation benefits, medical and hospital benefits, sick and vacation leave,
severance pay, pension benefits or other rights or benefits offered to employees of City. The
manner in which the Services are performed shall be controlled by Consultant; however, the
nature of the Services and the results to be achieved shall be specified by City.
8. No Agency. Consultant, as an independent contractor, shall not be considered an agent or
servant of City for any purpose and shall have no authority to enter into any contracts, create
any obligations, or make any warranties or representations on behalf of City. To the extent
applicable and contemplated in the delivery of the Services, Consultant may apply for and
obtain needed permits on behalf of City at Consultant’s own cost.
9. Deliverables. If Consultant is required to produce specific deliverables to City as part of the
Services to be provided under this Agreement, such deliverables shall be identified in Exhibit
A of the Agreement.
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10. Termination. Either party may terminate this Agreement upon sixty (60) days written
notice. If the Consultant is in default and fails to cure the default within the period provided
in the written notice of default as provided in this Agreement, City has the right to terminate
this Agreement immediately upon written notice of termination. City shall pay Consultant for
Services properly rendered prior to the effective date of termination. The following
provisions of this Agreement shall survive expiration, termination, or cancellation of this
Agreement: Indemnification; Insurance; Applicable Law; Audit; and Data Practices.
11. Legal Compliance. Consultant shall comply with all applicable federal, state, and local
laws, rules, regulations, and ordinances in providing the Services and shall obtain all permits
and permissions that may be required. This Agreement shall be governed by and construed
according to the laws of the State of Minnesota.
12. Indemnification. Consultant agrees to defend, indemnify and hold harmless, City, its
officials, officers, agents and employees from any liability, claims, causes of action,
judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees,
resulting directly or indirectly from any act or omission of Consultant, its offices, employers,
agents, contractors or subcontractors or anyone directly or indirectly employed by them, or
anyone volunteering for them, or anyone for whose acts or omissions they may be liable in
the performance of the Services and against all loss by reason of the failure of Consultant to
perform fully, in any respect, all obligations under this Agreement. Nothing in this
Agreement shall constitute a waiver by City of any limits on or exclusions from liability
available to it under Minnesota Statutes, chapter 466 or other law.
13. Insurance. Consultant agrees to at all times during the term of this Agreement, have and
keep or cause to have and be kept in force, and to cause all contractors and subcontractors to
do likewise, the following insurance coverages with at least the following limits:
(a) Commercial General Liability on an occurrence basis with
Contractual Liability Coverage:
Limits
General Annual Aggregate $2,000,000
Products-Completed Operations $1,500,000
Personal and Advertising Injury $1,500,000
Each Occurrence –
Combined Bodily Injury and Property Damage $1,500,000
(b) Commercial Automobile Liability – Combined single limit each $1,000,000
occurrence for bodily injury and property damage
covering owned, non-owned, and hired automobiles.
(c) Workers’ Compensation and Employer’s Liability:
(1) Workers’ Compensation Statutory
If Consultant is based outside the State of Minnesota,
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coverage must apply to Minnesota laws.
(2) Employer’s Liability. Bodily Injury by:
Accident – Each accident $500,000
Disease – Policy Limit $500,000
Disease – Each Employee $500,000
(d) Professional Liability
Per Claim or Event $1,500,000
Annual Aggregate $2,000,000
The required coverage limits may be achieved through an excess or umbrella policy,
provided such policy provides the same scope of coverages as the underlying policy. The
insurance must be maintained continuously for a period of at least one year after the
termination of this Agreement. Consultant shall have City named as an additional
insured on its commercial general liability policy. Consultant shall provide City a
certificate of insurance showing the required coverages, insurance limits, and additional
insured endorsement before undertaking any Services under this Agreement. Consultant
will require that any subcontractors furnish certificates of insurance to Consultant of the
insurance coverages listed above and shall provide updated certificates as coverages
expire. It is the sole responsibility of Consultant to determine the need for and to procure
additional insurance that may be needed to satisfy its indemnification obligation or other
obligations in connection with this Agreement. Copies of policies will be submitted to
City upon written request.
14. Consultant Representations. Consultant represents and warrants, as inducement to City to
enter into the Agreement, as follows: (a) it has the legal authority to enter into this
Agreement; (b) the person(s) executing this Agreement on behalf of Consultant is duly
authorized to enter into this Agreement and to bind Consultant to its terms; (c) all of the
documents that constitute this Agreement are valid and binding on Consultant; (d) it will
comply with the terms and conditions of this Agreement; (e) it has the necessary licenses,
personnel, experience, skill, tools, and equipment to complete the Services in accordance
with the standards and timelines established in this Agreement; and (f) it is not involved in or
aware of any action, claim, suit, or proceeding that is reasonably anticipated to interfere with
Consultant’s ability to provide the Services in accordance with the terms of this Agreement.
15. Conflict of Interest. Consultant agrees that it will not, during the term of this Agreement,
enter into a contract or otherwise accept employment for the performance of any work or
service with any individual, business, partnership, corporation, government, governmental
unit, or any other organization that would create a conflict of interest in the performance of
its obligations under this Agreement.
16. Not Exclusive. This Agreement does not constitute an exclusive contract between City and
Consultant. City remains free to contract for similar services from other consultants and
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CR225-431-843809.v2
Consultant remains free to contract to provide similar services to others, provided that any
such contracts do not interfere with the delivery of Services under this Agreement.
17. Amendments. No modification, amendment, deletion, or waiver in the terms of this
Agreement, or any expansion in the scope of the Services, is valid unless it is in writing and
signed by the parties.
18. Notices. Any notice or demand authorized or required under this Agreement shall be in
writing and shall be sent by certified mail to, with respect to City, the Contract Manager and,
with respect to Consultant, to Consultant’s contact person, each as identified at the outset of
the Agreement.
19. Substitution of Personnel. The Services shall be provided by the person or persons
identified in Exhibit A (if specified). If the Consultant must change the person or persons
identified in Exhibit A the Consultant shall furnish information to City to allow the City to
review the qualifications of the substituted person before their first day.
20. Subcontracting and Assignment. Consultant shall not enter into any subcontract for
performance of any Services contemplated under this Agreement, nor assign any interest in
the Agreement, without the prior written approval of City and subject to such conditions and
provisions as City may deem necessary or desirable in its sole discretion. Consultant shall be
responsible for the performance of all of its subcontractors. If City permits the use of
subcontractors, the Contract shall, pursuant to Minnesota Statutes, section 471.425,
subdivision 4a, pay any subcontractors within 10 days of Consultant’s receipt of payment
from City for undisputed services provided by the subcontractor. Any undisputed amounts
not paid to a subcontractor within 10 days shall be subject to, and Consultant shall pay,
interest of 1-1/2 percent per month. The minimum monthly interest penalty Consultant shall
pay for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100,
Consultant shall pay the actual penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from Consultant must be awarded its
costs and disbursements, including attorney’s fees, incurred in bringing the action.
21. Default and Cure.
(a) Default by Consultant. Unless excused by City’s default, the occurrence of an
uncontrollable circumstance, or City issuing a written waiver of default, each of the
following shall constitute default on part of Consultant:
(1) The written admission by Consultant that it is bankrupt; or filing by Consultant of a
voluntary petition under the Federal Bankruptcy Act; or the filing of an involuntary
petition under the Federal Bankruptcy Act against Consultant unless dismissed within
ninety (90) days. The Notice of Default and cure provision of this Agreement do not
apply to this paragraph;
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(2) The making of any arrangement with or for the benefit of Consultant’s creditors
involving an assignment to a trustee, receiver or similar fiduciary. The Notice of
Default and cure provisions of this Agreement do not apply to this paragraph;
(3) Making a material misrepresentation in any of the documents submitted by
Consultant or in any other provisions or conditions relied upon in the making or
modification of the Agreement;
(4) Consultant is found to persistently disregard laws, ordinances, rules, regulations or
orders of any public authority having jurisdiction;
(5) Failure to make satisfactory progress towards completion of the Services; or
(6) Failure to perform any other material provision of the Agreement.
(b) Default by City. Unless excused by Consultant’s default or the occurrence of
uncontrollable circumstances or Consultant waiver of default, each of the following shall
constitute a default on the part of City:
(1) The persistent or repeated failure or refusal by City to pay or prevent payment of any
uncontested amount to Consultant timely and properly submitted as required by this
Agreement;
(2) Making a material misrepresentation in any of the documents provided by City or in
any other provisions or conditions relied upon in making the Agreement; or
(3) Persistent or repeated failure to perform any other material provision of this
Agreement.
(c) Written Notice of Default. Unless otherwise provided, no event shall constitute a default
giving rise to the right to terminate unless and until written Notice of Default is given to
the defaulting party, specifying the particular event, series of events, or failure
constituting the default and a reasonable cure period.
(d) Cure Period. If the party in default fails to cure the specified circumstances as described
by the Notice of Default within ten (10) days or such longer period as may be provided in
the Notice of Default, then this Agreement may immediately be terminated by the party
not in default providing a written notice of termination to the party in default.
(e) Withholding of Payment. Notwithstanding any other provision of the Agreement, City
may, after giving Notice of Default, withhold, without penalty or interest, any payment
which becomes due after Notice of Default is given, until the default is excused, waived
in writing, cured, or the Agreement is terminated. City shall not be responsible for paying
any portion of the withheld funds upon translation for Consultant’s default if the Services
for which payment is being sought were deficient or are not usable by Consultant hired to
complete the Services.
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(f) Preservation of Other Remedies. The rights and remedies of City provided in the
Agreement shall not be exclusive and are in addition to any other rights and remedies
provided by law or under the Agreement.
(g) Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages that
might be suffered by reason of any event giving rise to a remedy hereunder.
(h) Cost of Termination. In the event this Agreement is terminated by reason of default by
Consultant, City may recover the necessary costs of termination, including but not limited
to, administrative costs, attorney’s fees and legal costs, from Consultant.
(i) Reperformance. City may require Consultant, at Consultant’s sole expense, to reperform
any of the Services provided for in this Agreement that do not meet the established
standards.
(j) Set-Off. Notwithstanding any other provision of the Agreement to the contrary, upon
Consultant’s breach of this Agreement City may withhold any payment due Consultant
for purposes of set-off until such time as the exact amount of damages due is determined.
Such withholding shall not constitute default or failure to perform on the part of City.
22. No Waiver. If City fails to enforce any provisions of this Agreement, such failure does not
waive the provision or City’s right to enforce it.
23. Data Practices. Consultant agrees to comply with the Minnesota Government Data
Practices Act (Minnesota Statutes, chapter 13), and all other applicable laws, related to data it
creates or receives from City in the performance of the Services. Consultant will immediately
report to City any data requests from third parties relating to this Agreement. City agrees to
work with Consultant to respond to the data request. Consultant agrees to hold City, its
officers, and employees harmless from any claims resulting from Consultant’s unlawful
disclosure, use, or failure to produce data in accordance with applicable laws.
24. Nondiscrimination. Consultant agrees to abide by the requirements and regulations of The
Americans with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn.
Stat. Chap. 363), and Title VII of the Civil Rights Act of 1964. These laws deal with
discrimination based on race, gender, disability, and religion, and with sexual harassment.
Violation of any of the above laws can lead to the immediate termination of this Agreement
without needing to provide a cure period.
25. Audit. Consultant agrees that City, the Minnesota State Auditor, and Minnesota Legislative
Auditor, or any of their duly authorized representatives, at any time during normal business
hours and as often as they may reasonably deem necessary, shall have access to and the right
to examine, audit, excerpt and transcribe any books, documents, papers, and records that are
relevant and involve transactions relating to this Agreement. Consultant agrees to retain such
records for at least six years from the date of termination of this Agreement.
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26. Applicable Law. The law of the State of Minnesota shall govern all interpretations of this
Agreement, and the appropriate venue and jurisdiction for any litigation that may arise under
this Agreement will be in and under those courts located within the County of Hennepin,
State of Minnesota, regardless of the place of business, residence or incorporation of
Consultant.
27. Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable,
the remaining provisions will not be affected.
IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed
this Agreement effective as of the year and date indicated below.
This Agreement shall be in effect as of ________________________ and shall terminate on
________________________.
FOR CONSULTANT: FOR CITY:
By By
Its Its
Date Date
By By
Its Its
Date Date
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EXHIBIT A
Description of Services
I. CONSULTANT DUTIES
A. Services and Description
1. Services. The Consultant agrees to furnish the City the following services:
a) Recruitment and training of volunteers (advocates) who work with
and counsel victims of domestic abuse.
b) Staffing of a 24hour crisis line and providing information and
referral.
c) Preparation of petitions for Orders for Protection; assistance in the
service of Orders for Protection; advocacy with victims during the
court hearing process; monitoring compliance with Court Orders.
d) Provide temporary safe shelter for battered persons and their
children.
e) Provide support/educational groups for battered persons and
educational groups for high risk target groups.
f) Availability of a domestic abuse perpetrator’s group for City
referrals.
g) Consultant will be the first point of contact for victims, regardless
of the offense level in a domestic violence case. Consultant
services will not conflict with those state mandated duties provided
by the City Attorney’s office. Consultant will provide the same
services to felony case victims that they provide to misdemeanor
and gross misdemeanor cases, including advocacy and safety
planning.
h) Consultant will be the community contact agency for intimate
partner violence cases referred by City’s Police Department
personnel. Officers will complete a lethality risk assessment on site
with the victims of intimate partner violence, and refer
immediately to Consultant staff for services.
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2. Client Eligibility.
a) The parties understand and agree that the eligibility of the client to
receive services is to be determined in accordance with eligibility
criteria established jointly by the City and Consultant.
b) Services under this Agreement shall be provided to persons
residing in the City who have been battered in domestic
relationships and their children and to high‐risk target groups.
3. Inability to Perform.
a) If the Consultant is unable, for whatever reason, to provide those
Services called for within this Agreement, the Consultant will give
written notification to the City with five (5) days of its inability to
perform the services. Upon notification, the City shall determine
whether such inability will require modification or cancellation of
said Agreement. If the City cancels the Agreement, the Consultant
shall not be entitled to payment for the quarter in which
cancellation occurs or for any subsequent quarter.
B. Evaluation, Reporting, and Information Requirements
1. Quarterly Reports. The Consultant agrees to furnish the City with
quarterly reports of services provided under this agreement. The quarterly
reports will be electronically provided to the City on the last day of April,
July, October, and January of the current contract term.
2. Description of Services. A detailed description of the services to be
provided by Consultant will be given to the City annually with the January
report.
II. TERMINATION
A. Safety of Clients. If the City has sufficient reason to believe that the safety or well‐being
of a client receiving services hereunder may be endangered by actions of the Consultant,
it’s agent and/or employees, the City may require the immediate termination of Services
to the client as well as their removal from the care of the Consultant, and may discontinue
referrals to the Consultant. These actions may be taken forthwith and may continue for
such a period as is reasonably necessary for determination by the City that the safety and
well‐being of the client has been assured. Resumption of services by the Consultant may
be authorized upon such assurance. If it is determined that the safety or well‐being of the
client will remain in jeopardy by the further provision of services, the City may terminate
this Agreement by giving the Consultant ten (10) days written notice of termination or
6.2
11
CR225-431-843809.v2
suspension of services. No payments shall be made for the period during which services
are suspended unless otherwise determined by the City.
B. Payment upon early termination. In the event this Agreement is terminated prior to
completion of services, the City shall pay the Consultant only for services provided in a
satisfactory manner. In no case shall payment exceed the total contract amount.
III. MISCELLANEOUS
A. Criminal Background Checks. The Consultant shall provide the City a list of all
representatives/employees who are providing services under this agreement. The
City may require additional background checks and will do so at the expense of
the City.
6.2
CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT
“Service with Compassion, Integrity, & Professionalism”
TO: Mayor and Council Members
FROM: Stephanie K. Revering, Chief of Police
CC: Adam R. Bell, City Manager
DATE: February 2, 2023
SUBJECT: Regular Agenda: February 7, 2023 Council Meeting
___________________________________________________________________________
MMEEMMOORRAANNDDUUMM
BACKGROUND
Since 2017, our police department has partnered with Hennepin County for the Joint
Community Police Partnership (JCPP) program. We have had the pleasure of having an
embedded liaison who has assisted us with bridging that gap with our diverse community and
building a foundation of trust and partnership.
Recently, the cities of New Hope and Robbinsdale approached our agency as they were
inquiring about this wonderful partnership and we all determined it was best for all three of
our cities to share two JCPP liaisons for our communities.
CONSIDERATION
We are asking for your approval of the contract with Hennepin County to share two JCPP
liaisons for a total of $78,000 for all three cities, and our share would be $26,000. This is a
cost savings to our community as we were paying for our own liaison.
As always, please let me know if you have any questions. Thanks.
6.3(a)
HC# A2211518
1
COOPERATIVE AGREEMENT FOR JOINT COMMUNITY POLICE PARTNERSHIP
This agreement (the “Agreement”) is between the COUNTY OF HENNEPIN, STATE OF
MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), on
behalf of the Hennepin County Human Services Department (“HSPHD”), and City of Crystal
(“CRYSTAL”), 4141 Douglas Drive North, Crystal, Minnesota 55422 on behalf of its police
department, and City of New Hope (“NEW HOPE”), 4401 Xylon Avenue North, New Hope,
Minnesota 55428 on behalf of its police department, and City of Robbinsdale
(“ROBBINSDALE”) 4100 Lakeview Avenue North, Robbinsdale, Minnesota 55422 on behalf of
its police department. (CRYSTAL, NEW HOPE, and ROBBINSDALE alternatively may be
referred to individually as “POLICE DEPARTMENT” and collectively as the “POLICE
DEPARTMENTS”). The parties to this Agreement may also be referred to individually as
“Party” or collectively as “Parties”.
The Parties agree as follows:
1.TERM OF THE AGREEMENT
The term of the Agreement shall be from January 1, 2023, through December 31, 2024,
unless terminated earlier in accordance with the provisions herein.
2.PROJECT/PROGRAM DEFINITION, PURPOSE
A.The Joint Community Police Partnership (JCPP) is a collaborative effort of the cities of
Richfield, Hopkins, Bloomington, Brooklyn Park, Brooklyn Center, Edina, Crystal, New
Hope, Robbinsdale and Hennepin County. The mission of the JCPP is to enhance
communication and understanding between law enforcement and multicultural residents of
these cities. The JCPP includes training of officers regarding diverse cultures, community
engagement, and community outreach by community liaisons embedded in the police
department. The goal of the JCPP is to alleviate conflict in culturally diverse communities
by working directly with community members and law enforcement.
B.As part of its collaboration with JCPP, POLICE DEPARTMENTS will provide police
community outreach. POLICE DEPARTMENTS will participate in outreach activities
including community dialogues, culturally specific community events, New American
Academies and Youth/Teen Academies.
C.CRYSTAL, NEW HOPE, and ROBBINSDALE will share 2.0 FTE Senior Planning
Analysts between the three POLICE DEPARTMENTS.
3.FUNDING/PAYMENT
A.POLICE DEPARTMENTS s will provide funding, via their approved budgets, for 30%
of the salary and benefits of 2.0 HSPHD Senior Planning Analyst FTEs.
For the period January 1, 2023, through December 31, 2023, the total not to exceed will
be $78,000. Each POLICE DEPARTMENT will be responsible for $26,000 for this
6.3(b)
HC# A2211518
2
period.
Future amounts to be determined at a later date.
B. The Senior Planning Analysts will be hired, employed, and equipped by HSPHD and
participate in supervision and training by HSPHD in accordance with local, state and
federal regulations.
C. HSPHD shall, within thirty (30) calendar days following the last day of each quarter,
submit an invoice to each POLICE DEPARTMENT for their portion of 30% of the cost
of the two positions assigned to the program.
D. POLICE DEPARTMENTS s will make payment within thirty-five (35) days from receipt of
an invoice. If the invoice is incorrect, defective, or otherwise improper, POLICE
DEPARTMENTS s will notify HSPHD within ten (10) days of receiving the incorrect
invoice. Upon receiving the corrected invoice from HSPHD, POLICE DEPARTMENTS s
will make payment within thirty-five (35) days.
4. DUTIES OF HSPHD
Senior Planning Analysts will:
A. Meet regularly with police personnel to address community concerns.
B. Organize community forums and workshops.
C. Develop and organize community engagement initiatives.
D. Organize and facilitate training for police and community.
E. Facilitate the Multicultural Advisory Committee (MAC).
5. DUTIES OF POLICE DEPARTMENTS
POLICE DEPARTMENTS s shall provide HSPHD with workspace including, work surfaces,
desk chairs, guest chairs, access to conference rooms, interview rooms, lavatories, and break
room facilities, telephone, fax service, and use of copy machine.
6. LIABILITY/INDEMNIFICATION/DUTY TO NOTIFY
A. Each Party shall be liable for its own acts and the results thereof to the extent provided by
law and, further, each Party shall defend, indemnify, and hold harmless the other (including
their present and former officials, officers, agents, employees, volunteers, and
subcontractors), from any liability, claims, causes of action, judgments, damages, losses,
costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from
any act or omission of the indemnifying Party, anyone directly or indirectly employed by it,
and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure
to perform its obligations under this Agreement. The provisions of Minnesota Statutes,
6.3(b)
HC# A2211518
3
Chapter 466 shall apply to any tort claims brought against COUNTY and/or POLICE
DEPARTMENTS as a result of this Agreement.
B. To the fullest extent permitted by law, action by the Parties to this Agreement is intended to
be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they
shall be a deemed a “single governmental unit” for the purposes of liability, as set forth in
Minnesota Statutes, section 471.59, subdivision 1a(a), provided further that for purposes of
that statute, each Party to this Agreement expressly declines responsibility for the acts or
omissions of the other Parties to this Agreement except to the extent they have agreed in
writing to be responsible for the acts or omissions of the other Party(s). The total liability for
the Parties shall not be added together to exceed the limits on governmental liability for a
single governmental unit.
C. Duty to Notify: Each Party shall promptly notify the other Parties of any actual or suspected
claim, action, cause of action, administrative action, criminal arrest, criminal charge, or
litigation brought against the Party, its present and former officials, officers, agents,
employees, volunteers, and subcontractors which arises out of this Agreement.
7. INSURANCE
Each party warrants that it has a purchased insurance or a self-insurance program sufficient to
meet its liability obligations and, at a minimum, to meet the maximum liability limits of
Minnesota Statutes Chapter 466. This provision shall not be construed as a waiver of any
immunity from liability under Chapter 466 or any other applicable law.
8. WORKERS’ COMPENSATION
Each Party shall be responsible for injuries or death of its own personnel. Each Party
will maintain workers’ compensation insurance or self-insurance coverage, covering its
own personnel while they are performing activities pursuant to this Agreement. Each
Party waives the right to sue any other Party for any workers’ compensation benefits
paid to its own employees or volunteer or their dependents, even if the injuries were
caused wholly or partially by the negligence of any other Party or its officers,
employees, or volunteers.
9. INDEPENDENT PARTY
D. Notwithstanding any other formal, written agreements or contracts which may exist
between COUNTY and POLICE DEPARTMENTS, nothing is intended or should be construed
in any manner as creating or establishing the relationship of partners between the Parties hereto
or as constituting any Party as the agent, representative, or employee of any other for any
purpose or in any manner whatsoever. Each Party is to be and shall remain an independent
contractor with respect to all services performed under this Agreement. Each Party will secure
at its own expense all personnel required in performing services under this Agreement. Any
personnel of a Party or other persons engaged in the performance of any work or services
required by that Party shall have no contractual relationship with any other Party and will not be
considered employees of another Party. No Party shall be responsible for any claims related to
or on behalf of any other Parties’ personnel, including without limitation, claims that arise out
6.3(b)
HC# A2211518
4
of employment or alleged employment under the Minnesota Unemployment Insurance Law
(Minnesota Statutes Chapter 268) or the Minnesota Workers' Compensation Act (Minnesota
Statutes Chapter 176), or claims of discrimination arising out of state, local, or federal law,
against a Party, its officers, agents, contractors, or employees. Such personnel or other persons
shall neither require nor be entitled to any compensation, rights, or benefits of any kind from
another Party, including, without limitation, tenure rights, medical and hospital care, sick and
vacation leave, workers' compensation, unemployment compensation, disability, severance pay,
and retirement benefits.
10. NONDISCRIMINATION
Each Party agrees that it shall not exclude any person from full employment rights or
participation in, or the benefits of, any program, service or activity on the grounds of race, color,
creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital
status, sexual orientation, or public assistance status. No person who is protected by applicable
law against discrimination shall be subjected to discrimination.
11. NO THIRD PARTY
Except as herein specifically provided, no other person, customer, employee, or invitee of
any Party or any other third party shall be deemed to be a third party beneficiary of any of
the provisions herein.
12. DATA PRIVACY
COUNTY and POLICE DEPARTMENTS, their officers, agents, owners, partners, employees,
volunteers and subcontractors, shall abide by the provisions of the Minnesota Government Data
Practices Act, Minnesota Statutes Chapter 13, and all other applicable state and federal law, rules,
regulations and orders relating to data privacy, confidentiality, disclosure of information, medical
records or other health and enrollment information, and as any of the same may be amended, as
well as the data and data sharing provisions set forth in Exhibit A. The terms of this paragraph
shall survive the cancellation or termination of this Agreement.
13. PROGRAM STATISTICAL INFORMATION
Each Party agrees to maintain such statistical records relating to services as shall be
necessary, appropriate, and convenient for the proper administration of this
Agreement.
14. MERGER, MODIFICATION, AND SEVERABILITY
A. The entire Agreement is contained herein and supersedes all oral agreements and
negotiations between the Parties relating to the subject matter. All items that are
referenced or that are attached are incorporated and made a part of this Agreement. If
there is any conflict between the terms of this Agreement and referenced or attached
items, the terms of this Agreement shall prevail.
6.3(b)
HC# A2211518
5
B. Any alterations, variations, or modifications of this Agreement shall only be valid when
they have been reduced to writing as an amendment to this Agreement signed by the
Parties. Except as expressly provided, the substantive legal terms contained in the
Agreement including but not limited to Liability / Indemnification / Duty to Notify;
Insurance; Workers’ Compensation; Merger, Modification and Severability; Cancellation
or Minnesota Law Governs may not be altered, varied, modified or waived by any change
order, implementation plan, scope of work, development specification or other
development process or document.
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the
remaining provisions will not be affected.
D. The Parties are each bound by their own electronic signature(s) on this Agreement,
and each agrees and accepts the electronic signature of all other Parties.
15. DEFAULT AND CANCELLATION/TERMINATION
A. If any Party fails to perform any of the provisions of this Agreement, fails to administer the
work so as to endanger the performance of the Agreement or otherwise breaches or fails to
comply with any of the terms of this Agreement, it shall be in default. Unless a Party’s default
is excused in writing by the non-defaulting Parties, any non-defaulting Party may upon
written notice immediately cancel or terminate this Agreement as to the defaulting Party or
in its entirety.
B. This Agreement may be canceled/terminated with or without cause by any Party upon thirty
(30) days written notice. Any Party may immediately cancel or terminate this Agreement if
the terminating Party determines that the health or welfare of a member of the public is at
risk. Upon cancellation/termination, property or surplus money, if any, acquired as a result
of the operation of this Agreement shall be distributed to the Parties in proportion to
contributions of the Parties.
C. Any Party’s failure to insist upon strict performance of any provision or to exercise any right
under this Agreement shall not be deemed a relinquishment or waiver of the same, unless
consented to in writing. Such consent shall not constitute a general waiver or relinquishment
throughout the entire term of the Agreement.
D. The above remedies shall be in addition to any other right or remedy available to the Parties
under this Agreement, law, statute, rule, and/or equity.
16. NOTICES
Any notice or demand which must be given or made by a Party hereto under the terms of this
Agreement or any statute, rule, regulation or ordinance shall be in writing, and shall be sent via
registered or certified mail. Notice to HSPHD shall be sent to COUNTY Administration at the
address listed in the opening paragraph of this Agreement, with a copy to HSPHD as described
below. Notice to PD shall be sent to one of the following addresses:
HSPHD
Nathan Howard
6.3(b)
HC# A2211518
6
Professional Services Supervisor
Hennepin County
6125 Shingle Creek Parkway
Brooklyn Center, MN 55430
CRYSTAL
Stephanie Revering
Chief of Police
Crystal Police Department
4141 Douglas Drive North
Crystal, Minnesota 55422
NEW HOPE
Tim Hoyt
Chief of Police
New Hope Police Department
4401 Xylon Avenue North
New Hope, Minnesota 55428
ROBBINSDALE
Patrick Foley
Chief of Police
Robbinsdale Police Department
4101 Hubbard Avenue North
55422
17. MARKETING AND PROMOTIONAL LITERATURE
POLICE DEPARTMENTS agree that the terms, “Hennepin County” and “Hennepin County
Human Services and Public Health Department”, the name of any elected official, or any
derivatives thereof, shall not be utilized in any promotional literature or advertisements of any
type without the express prior written consent of COUNTY.
18. MINNESOTA LAWS GOVERN
The laws of the State of Minnesota shall govern all questions and interpretations concerning
the validity and construction of this Agreement and the legal relations between the Parties and
their performance. The appropriate venue and jurisdiction for any litigation will be those
courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the
federal courts involving the Parties will be in the appropriate federal court within the State of
Minnesota.
19. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or termination of
this Agreement do survive such term, cancellation or termination. Such provisions include but
are not limited to: LIABILITY/INDEMNIFICATION/DUTY TO NOTIFY; INSURANCE;
WORKERS’ COMPENSATION; INDEPENDENT PARTIES; DATA PRIVACY; MERGER,
6.3(b)
HC# A2211518
7
MODIFICATION, AND SEVERABILITY; MARKETING AND PROMOTIONAL
LITERATURE; and MINNESOTA LAW GOVERNS.
(The remainder of this page intentionally left blank.)
6.3(b)
HC# A2211518
8
HENNEPIN COUNTY ADMINISTRATOR APPROVAL
COOPERATIVE AGREEMENT
The Parties hereto agree to be bound by the provisions set forth in this Agreement.
COUNTY OF HENNEPIN
Reviewed for COUNTY by the STATE OF MINNESOTA
County Attorney’s Office
By:
County Administrator
Date: Jan 17, 2023
Date: Jan 23, 2023
Reviewed by Reviewed by
By: By:
County Administration Clerk Deputy County Administrator
Date: Jan 23, 2023 Date: Jan 17, 2023
CRYSTAL:
Kimberly J. Therres By: Kimberly J. Therres (Dec 23, 2022 08:52 CST)
Stephanie K. Revering By: Stephanie K. Revering (Jan 6, 2023 11:38 CST)
Title: Interim City Manager
Title: Chief of Police
Date: Dec 23, 2022
Date: Jan 6, 2023
NEW HOPE Tim W. Hoyt By: Tim W. Hoyt (Jan 13, 2023 11:14 CST)
Kathi Hemken
Kathi Hemken (Jan 13, 2023 14:52 CST)
Title:
Date:
Chief of Police
Jan 13, 2023
Title: Mayor
Date: Jan 13, 2023
ROBBINSDALE
William A. Blonigan
William A. Blonigan (Jan 13, 2023 15:26 CST)
Tim Sandvik
Tim Sandvik (Jan 17, 2023 10:34 CST)
Title: Mayor Title: City Manager
Date: Jan 13, 2023 Date: Jan 17, 2023
By
By
By
6.3(b)
CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT
“Service with Compassion, Integrity, & Professionalism”
TO: Mayor and Council Members
FROM: Stephanie K. Revering, Chief of Police
CC: Adam R. Bell, City Manager
DATE: February 2, 2023
SUBJECT: Regular Agenda: February 7, 2023 Council Meeting
___________________________________________________________________________
MMEEMMOORRAANNDDUUMM
BACKGROUND
In 2020, our police department participated with other local police departments and the
YMCA in a juvenile diversion pilot program. The goal of the program is to intervene early
and work with juvenile runaways to identify and address the root causes of this action to
strengthen families and avoid reoccurrences by educating youth and parents on the risks of this
behavior and identifying needed resources for the youth and family. Statistics are clear that
juveniles that run away from home are at a much greater risk of participating in risky or
criminal behavior, experiencing homelessness, not completing their education, and being
victims of exploitation and trafficking by others.
After the pilot program was completed, the entities have been meeting to evaluate and
enhance the program components and outcomes, to identify other cities to participate in the
program, and have secured a grant from the Hennepin County Department of Community
Corrections and Rehabilitation to move forward and expand the program based on these
evaluations. Hennepin County will be providing the grant funds for the program and the city
of Brooklyn Park will serve as the program administrator and fiscal agent, working with the
YMCA on this program. There is no expense to the city of Crystal and the Crystal Police
Department will agree to provide referrals of eligible youth to the voluntary program and to
provide officers to assist in programming and connections with program participants.
CONSIDERATION
We are asking for your approval of the Joint Powers Agreement (JPA) with Hennepin County
and the cities of Brooklyn Park, Brooklyn Center, New Hope and Robbinsdale for the Juvenile
Probation Client Delinquency Prevention Initiative.
As always, please let me know if you have any questions. Thanks.
6.4
1
County Contract No. PR00004849
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 Park (hereinafter
“Brooklyn Park”), the City of Brooklyn Center (hereinafter “Brooklyn Center”), the City of
Crystal (hereinafter “Crystal”), the City of New Hope (hereinafter “New Hope”), and the City of
Robbinsdale (hereinafter “Robbinsdale”), 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:
6.4
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County Contract No. PR00004849
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 $90,000.00 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
five 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, Brooklyn Center, Crystal, New Hope and Robbinsdale
6.4
3
County Contract No. PR00004849
• 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.
6.4
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County Contract No. PR00004849
• Decreased reports of homelessness.
• 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, 2023, and terminate
December 31, 2023.
6.4
5
County Contract No. PR00004849
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
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
6.4
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County Contract No. PR00004849
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}}
6.4
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County Contract No. PR00004849
CITY OF BROOKLYN PARK
By_____________________________
Title:___________________________
Date:___________________________
CITY OF BROOKLYN CENTER
By_____________________________
Title:___________________________
Date:___________________________
By_____________________________
Title:___________________________
Date:___________________________
CITY OF CRYSTAL
By_____________________________
Title:___________________________
Date:___________________________
CITY OF NEW HOPE
By_____________________________
Title:___________________________
Date:___________________________
CITY OF ROBBINSDALE
By_____________________________
Title:___________________________
Date:___________________________
6.4
Memorandum
DATE: February 7, 2023
TO: City Council
FROM: Mark Ray, PE, Director of Public Works
Pat Sele, Utilities Superintendent
SUBJECT: Replacement of doors and windows at south lift station
Background
The Long-Term Plan includes $350,000 in 2022 for various work at the south sanitary sewer lift station.
In 2022, the generator and a pump were replaced, as well as security enhancements installed. The
total cost of this work was just under $200,000, with $150,000 remaining.
The next phase of this project is to replace the doors and windows (now that the interior work is done
which could have damaged the doors). One of the goals of this phase of the project is to make the
building look not as much like a bunker. In all, three doors will be replaced, three windows will be
replaced (the metal cages over the windows will go away as part of this project), and a window that
has been blocked up will be re-faced with brick to more closely match the exterior of the building.
Quotes
Two quotes were solicited from vendors that have done door and window work in the City previously.
• Municipal Builders, Inc. $47,750
• Magney Construction $62,800
Attachment
•Quote from Municipal Builders, Inc.
Recommended Action
•Motion to approve the resolution authorizing the contract for the replacement of doors and
windows at the south lift station
6.5
7900 Old Viking Blvd. Nowthen, MN Phone: (763) 421-8790 Fax: (763) 421-1028
January 27, 2023
City of Crystal
5001 W Broadway Ave
Crystal, MN 55429
Attn: Patrick Sele
Re: Lift Station Doors and Windows
Dear Patrick,
Per your request I have put together a price to remove and replace three doors, three
windows, and fill in the blocked-up window. The work will include removing three doors
and replacing them with new FRP doors. The exterior doors will have SS exit devices
with vandal guard pulls and aluminum continuous hinges. The interior door will have SS
hinges and a standard Schlage passage lever set. The main door into the lift station will
also include a 1” laminated lite over the head where the blank panel from the old louver
is located. The hardware will be prepped for Medico Cylinders to be provided by the
City.
We will remove the three existing windows and provide new aluminum windows with 1-
5/16” tempered and laminated glass. The window system will be like what is installed at
the booster station. The old grates will not be reinstalled. All glazing will have a 1-way
tint.
There is one window opening that was previously blocked up, but nothing was done to
the brick face. We will fill in the opening with new brick that is similar to the existing. The
sill will be removed. See attached photo of the new brick. Color is a close match, but
the texture is slightly different.
The cost to complete this work is $47,750.00.
Please contact the undersigned with any questions regarding this quote. Quote is good
for 30 days, after that it may be subject to material cost increases.
Sincerely,
Nathan Neubauer
Project Manager
Municipal Builders, Inc.
6.5
6.5
RESOLUTION NO. 2022- _____
AUTHORIZING THE CONTRACT FOR THE REPLACEMENT OF DOORS
AND WINDOWS AT THE SOUTH LIFT STATION
WHEREAS, the Crystal City Council is committed to providing and maintaining quality
infrastructure that is essential for everyday residential, commercial, industrial, and recreational activities
in the City; and
WHEREAS, the windows and doors at the south lift station are corroding, not sealing tight, and
visually unappealing; and
WHEREAS, these windows and doors are original to the 1950’s building; and
WHEREAS, funds are allocated in the Sanitary Sewer Enterprise Fund for this replacement
purchase;
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby authorizes the
contract for the replacement of the doors and windows at the south sanitary sewer lift station.
Adopted by the Crystal City Council this 7th day of February 2023.
Jim Adams, Mayor
ATTEST:
Chrissy Serres, City Clerk
6.5
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: February 2, 2023
TO: Mayor and City Council
Adam R. Bell, City Manager
FROM: John Elholm, Recreation Director
Brad Fortin, Parks and Facilities Superintendent
SUBJECT: Broadway Park Play Area Purchase and Installation
The play area at Broadway Park is scheduled for replacement in 2023. The current play area
was built in 1999 and is in poor condition. A public process took place last fall that included an
on-line opportunity to provide comments, a public open house, additional public outreach at
Winterfest, and regular review by the Park and Recreation Commission.
The 2023 capital budget (park fund) includes $185,000 for a new play area in Broadway Park.
The project will also receive funds through a federal CDBG grant in the amount of $160,850.
Because of this, installation will follow prevailing wage requirements.
The play area design was developed by Landscape Structures, Inc. and Flagship
Recreation. The equipment can be purchased from Landscape Structures, Inc. under state
contract #218091 in the amount of $112,847.09. Installation of the equipment can be
completed by Flagship Recreation, the authorized installer of Landscape Structures
equipment, in the amount of $72,596.63. The installation also includes rubber surfacing over
parts of the play area. A concrete border around the play area and engineered wood fibers
in the remainder of the play area will be installed by others under separate agreements.
Project Costs
Landscape Structures, Inc. quote $ 112,847.09
Flagship Recreation quote $ 72,596.63
Concrete border TBD
Engineered wood fibers TBD
Staff recommends approval of the attached resolution entering into agreements with Landscape
Structures, Inc. in the amount of $112,847.09 for the purchase of play area equipment; and with
Flagship Recreation in the amount of $72,596.63 for installation of the equipment.
6.6
CITY OF CRYSTAL
RESOLUTION 2023 -
RESOLUTION IN SUPPORT OF PLAY AREA REPLACEMENT
IN BROADWAY PARK
WHEREAS, the City of Crystal owns and operates Broadway Park; and
WHEREAS, the 2023 capital budget (park improvement fund) includes funds to replace the play area in
Broadway Park; and
WHEREAS, additional funds have been authorized through a CDBG Grant from Hennepin County for
completion of the same project; and
WHEREAS, play area equipment can be purchased from Landscape Structures, Inc. under state contract
#218091; and
WHEREAS, the quote from Landscape Structures, Inc. is $112,847.09; and
WHEREAS, installation of play area equipment can be completed by Flagship Recreation, the authorized
installer of Landscape Structures equipment; and
WHEREAS, the quote from Flagship Recreation is $72,596.63; now
THEREFORE, BE IT RESOLVED:
A. That the Crystal City Council wishes to enter into agreements with:
1. Landscape Structures, Inc. in the amount of $112,847.09; to provide play area equipment for
Broadway Park.
2. Flagship Recreation, in the amount of $72,596.63, to install equipment provided by
Landscape Structures, Inc. in Broadway Park.
B. That the Crystal City Council hereby authorizes the mayor and city manager to sign agreements
with Landscape Structures, Inc. and Flagship Recreation as specified above.
Adopted by the Crystal City Council this 7th day of February, 2023.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
6.6
6.6
Date
Expires
Quote:
Contact:
Phone:
Email:
Ship To:Please Make PO's & Contracts Out To:
Bill To:Please Remit Payment To:
QTY ITEM #UNIT PRICE EXT. PRICE
1 EQUIPMENT $120,195.00
1 DISCOUNT 8.00%($9,615.60)
1 BONDING $1,667.69
Subtotal $112,247.09
Freight $600.00
Sales Tax Tax Exempt Cert
Total $112,847.09
*Terms: Net 30 days; 1.5% finance charge on balances over 30 days
Page 1 of 2
We are pleased to submit this proposal to supply the following products/services:
Description
Broadway Park ,BA702BP539144914
State Contract #218091 Discount
Minnesota State Contract #218091
Payment & Performance Bonds
Quotes from Landscape Structures,Inc.are subject to current Landscape Structures,Inc.policies as well as Terms &Conditions, Inclusions &
Exclusions outlined below unless noted otherwise on this quote. Changes are subject to price adjustment.Sales tax,if applicable,will be
applied unless a tax-exempt certificate is provided at the time of order entry.Customer deposits,if required,must be received before orders
will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to
SDS 12-0395 PO Box 86
Crystal, MN 55429 Minneapolis, MN 55486-0395
Landscape Structures, Inc.
601 7th St. S
Delano, MN 55328
12/19/2022
2/17/2023
City of Crystal
John Elholm - Recreation Director
(763) 531-0052
John.Elholm@crystalmn.gov
Broadway Park
5911 W Broadway Ave
Crystal, MN 55428
City of Crystal Landscape Structures, Inc.
4800 Douglas Dr. N
6.6
Email:
Purchase Amount:
Page 2 of 2
Signature:
Title:Phone:
Date: $112,847.09
Acceptance of Quotation:
Accepted By (Print)PO#:
Terms &Conditions
Contract:Seller's Copy of signedquoterepresents the contract between Seller and Buyer.This form supersedes all previous
communications and negotiations and constitutesthe entireagreementbetween the parties.Anychanges to this contract
are not bindingunless jointly agreed in writingvia Change Order.
Project Scope (This Section For Quotes Including Installation)
Inclusions:
•One Mobilization
•Accepting & Unloading of Order Prior to Installation
•Unpacking of Play Equipment
•Assembly of Play Equipment
•Placing, Digging or Surface Mounting Equipment (as specificed)
•Concrete for Play Equipment Footings
•Standard Insurance Offer (Detail Provided Upon Request)
•Standard Warranty Offer (Detail Provided Upon Request)
•Standard Wage Rates
Exclusions (Unless Specifically Quoted):
•Storage or Security of Equipment
•Private Utility Locates (irrigation, low voltage, lighting, etc.)
•Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space.
•Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.)
•Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.)
•Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space
•Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster
•Removal of Existing Play Equipment, Border or Safety Surfacing Material
•Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc.
•Border for Play Space
•Bonding of Any Type
•Permits of Any Kind
-
Jim Adams, Mayor
-
Adam R. Bell, City Manager
02/07/2023
6.6
Broadway Park
5911 W Broadway Ave
Crystal, MN 55428
2023
Qty Item No.Description Price Ext Price
1 147424A Clatterbridge 84 w/Barriers $6,788 $6,788.00
1 235756A Fish Net DB $3,254 $3,254.00
1 302740B Tidal Wave Climber 48"Dk DB $11,240 $11,240.00
1 122570A Cliff Climber 48"Dk DB $2,198 $2,198.00
1 148434A Loop Pole Perm Handholds 32"Dk DB $1,392 $1,392.00
1 153076A Mini Summit Climber 48"Dk DB $1,525 $1,525.00
1 153350A Chain Ladder 40"Dk DB $1,153 $1,153.00
1 158425A Starburst Climber DB Only $2,851 $2,851.00
1 176079A Sunbeam Climber $2,208 $2,208.00
1 229832A Dot-to-Dot Climber $2,820 $2,820.00
1 272368D Zenith Climber w/Permalene Handholds Attached to Square Deck 96" Deck D $7,594 $7,594.00
7 111228A Square Tenderdeck $1,275 $8,925.00
3 111231A Triangular Tenderdeck $984 $2,952.00
6 121948A Kick Plate 8"Rise $143 $858.00
1 121948B Kick Plate 16"Rise $240 $240.00
1 152911A Curved Transfer Module Right 32"Dk DB $2,953 $2,953.00
EQUIPMENT INFORMATION & PRICING
State Contract Pricing
PROJECT INFORMATION
Project name
Address
City, State ZIP
Contract Year
Page 3 of 8
6.6
1 115229A Finger Maze Panel Above Deck $898 $898.00
1 115235A House Panel Above Deck $857 $857.00
1 116244B Pipe Barrier w/Wheel Above Deck $1,020 $1,020.00
2 116244A Pipe Barrier Above Deck $775 $1,550.00
1 188835A Sign Language Panel Above Deck $1,076 $1,076.00
1 218172A DigiFuse Barrier Panel w/Medallions Above Deck $2,377 $2,377.00
2 166809A E-Pod Seat $383 $766.00
3 111404Z 182"Steel Post DB 44" Bury $576 $1,728.00
2 111404F 108"Alum Post DB $367 $734.00
6 111404E 116"Alum Post DB $383 $2,298.00
3 111404D 124"Alum Post DB $444 $1,332.00
3 111404C 132"Alum Post DB $459 $1,377.00
1 111404B 140"Alum Post DB $464 $464.00
4 111404A 148"Alum Post DB $490 $1,960.00
2 111404K 156"Alum Post DB $551 $1,102.00
1 154883F 301"Steel Post (72" Bury) For CoolTopper Single Post Pyramid Roof $1,591 $1,591.00
1 154884A CoolToppers Single Post Pyramid Roof DB Only $4,106 $4,106.00
1 130390A Double Swoosh Slide 72"Dk DB $2,933 $2,933.00
1 148426B Firepole Perm Handholds 72"Dk DB $974 $974.00
1 222708B WhooshWinder Slide 96"Dk DB $6,018 $6,018.00
INDEPENDENT:
1 120710A Pod Climber 8" DB $347 $347.00
1 120711A Pod Climber 16" DB $352 $352.00
2 158997A Pod Climber 10" DB $347 $694.00
1 152179A Saddle Spinner DB 16"Height $1,270 $1,270.00
1 158105A Wobble Pod DB Only $1,902 $1,902.00
1 194704A Boogie Board DB Only $3,045 $3,045.00
1 233055B DigiRider Rocket Ship DB $1,698 $1,698.00
1 247179A Curva Spinner DB Only $2,326 $2,326.00
Page 4 of 8
6.6
1 295695A ReviWheel Spinner DB Only $6,181 $6,181.00
1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury $0 $0.00
1 100041A Curved Balance Beam DB $1,020 $1,020.00
3 174018A Belt Seat ProGuard Chains for 8' Beam Height $153 $459.00
1 177351A Molded Bucket Seat (5-12 yrs) w/Harness ProGuard Chains for 8' Beam Heig $1,061 $1,061.00
1 221292A 5" Arch Swing Frame 8' Beam Height Only $3,560 $3,560.00
1 221293A 5" Arch Swing Frame Additional Bay 8' Beam Height Only $2,168 $2,168.00
$120,195.00Total Equipment Cost at State Contract Pricing
Page 5 of 8
6.6
Broadway Play Area Installation – Flagship Recreation
PLAY AREA INSTALLATION AGREEMENT
BROADWAY PARK
THIS BROADWAY PARK PLAY AREA INSTALLATION AGREEMENT (“Agreement”) is
made and entered into this 7th day of February, 2023, by and between the City of Crystal, a Minnesota
municipal corporation, located at 4141 Douglas Drive North, Crystal, Minnesota 55422 (“City”), and
Flagship Recreation, a Minnesota company, located at 11123 Upper 33rd St. N, Lake Elmo, MN
55042 (“Contractor”). The City and the Contractor may hereinafter be referred to individually as a
“party” or collectively as the “parties.”
RECITALS
A. The City desires to have a new play area installed in Broadway Park, a City Park located at
5911 W Broadway Ave. (“Park”).
B. The Contractor provided the City a written quote to install a Landscape Structures play area
in the park with specifications established by the City (“Project”).
C. The Contractor desires to undertake and complete the Project for the City in accordance with
the terms and conditions of this Agreement.
AGREEMENT
In consideration of the mutual promises and agreements contained herein, and intending to be
legally bound, the City and the Contractor hereby agree as follows:
1. Scope of Work.
a. The Contractor, for and in consideration of the payment or payments herein specified
and to be made by the City, covenants and agrees to furnish all materials, all necessary
tools, and equipment, and to do and perform all the work and labor necessary to
complete the Project, all in strict conformity with the Contractor’s quote and scope of
work contained in the attached Exhibit A (all work, materials and equipment set forth
in this paragraph and contained in Exhibit A are hereinafter collectively referred to as
the “Specifications”). Said Specifications are hereby fully incorporated as part of this
Agreement.
b. The Contractor agrees that all work and labor shall be done in the best and most
diligent manner and that all materials and labor shall be in entire and strict conformity
in every respect with the said Specifications and shall be subject to the inspection and
approval by the proper authorities of the City for the supervision of the work, and in
case any of said material or labor shall be rejected by the City as defective or
unsuitable, then the materials shall be removed and replaced with other approved
materials and the labor shall be done anew to the satisfaction and approval of the City
at the cost and expense of the Contractor.
6.6
Broadway Play Area Installation – Flagship Recreation
c. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost
and expense any loss or damage to the work and Project occurring during the
installation or prior to the final acceptance thereof by the City, by reason of fire,
tornado, theft, or any cause whatsoever, and to be wholly responsible for the
installation, completion and delivery of the Project in its entirety for the final
acceptance by the City; and any payment or payments made to the Contractor
hereunder, shall not be construed as operating to relieve the Contractor from
responsibility for the construction and delivery of the Project as provided and agreed
through this Agreement.
2. Schedule; Liquidated Damages.
a. The Contractor agrees to commence the work on the Project at the earliest practicable
date and to prosecute the same diligently and without delay and to have the work
entirely completed in every respect to the satisfaction and approval of the City on or
before September 1, 2023. In case of the failure on the part of the Contractor, for any
reason except with the written consent of the the City, to complete the Project on or
before said date, the City shall have the right to deduct from any money due or which
may become due to the Contractor, the amount of two hundred dollars ($200.00) per
day for each and every day elapsing between the time stipulated for the completion
and the actual date of completion, in accordance with the terms thereof; or if no
moneys shall be due the Contractor, the City shall have the right to recover such sum;
such deduction to be made or such sum to be recovered not as a penalty, but as
liquidated damages. The Contractor agrees that it will be difficult for the City to
determine the amount of all damages that the City would incur as a result of delay and
that the liquidated damages set forth in this paragraph are reasonable.
b. The Contractor agrees to notify the City in writing of any and all causes of delay of
work, or any part thereof, within 24 hours after such cause of delay shall arise, and in
case of the failure of the Contractor to perform this Agreement and complete the work
at the time hereinafter specified, the City may immediately, or at any time thereafter,
proceed to complete the work at the cost and expense of the Contractor. Upon receipt
of written notice from the Contractor of the existence of causes over which the
Contractor has no control and which must delay the completion of the work, including
without limitation, fire, flood, epidemic, strikes, wars, acts of God, acts of public
authorities, or delays or defaults caused by public carriers, the City shall reasonably
extend the date previously specified for the completion of the work and in such case
the Contractor shall only become liable for such liquidated damages for failure to
perform during any delay after the time is so extended.
6.6
Broadway Play Area Installation – Flagship Recreation
3. Compensation.
a. This is a lump sum agreement. The City agrees to pay the Contractor the lump sum
identified in the Contractor’s quote, which is attached hereto as Exhibit A. If the
Contractor properly performs the work, the City shall, from month to month before
completion of the work and pursuant to invoices from the Contractor, pay the
Contractor up to 95 percent of the amount already earned under the Agreement. When
the work is 95 percent or more completed, upon the sole determination of City staff,
such portions of the retained price shall be released only as the City determines it need
not be retained to protect the interest of the City in the satisfactory completion of the
Agreement. The balance shall be retained by the City until the final performance and
completion of this Agreement by the Contractor to the satisfaction, approval, and
acceptance of the City including provision by the Contractor of Minn. Dept. of
Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with
applicable state laws.
b. No claim for extra work done or materials furnished by the Contractor will be made
by the Contractor or allowed by the City, nor shall the Contractor do any work or
furnish any materials not covered by the Specifications, unless such work or materials
is ordered in writing by the City. Any such work or materials which may be done or
furnished by the Contractor without such written order first being given, shall be at
the Contractor's own risk and expense.
4. Wage Standards. The Contractor further agrees to pay all laborers employed, and all
subcontractors furnishing material to the Contractor in and about the performance of this
Agreement, and for all labor and material by them so performed and furnished. The parties
agree that the Davis-Bacon Wage Determination MN20230031, Modification #0, dated
01/06/2023 of the heavy type, as provided by Hennepin County and attached hereto as
Exhibit B, along with the Federal Labor Standards Provisions HUD-4010, attached hereto as
Exhibit C, shall be considered part of this Agreement, unless a new wage determination is in
effect at the time this Agreement is fully executed by all parties, in which case this
Agreement will be subject to the new wage determination which will be attached as Exhibit
B supplanting Wage Determination MN20230031, Modification #0, dated 01/06/2023
5. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for
the performance of any work under this Agreement or any subcontract hereunder, no
contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national
origin, disability, age, sexual orientation, status with regard to public assistance, or religion,
discriminate against any person or persons who are qualified and available to perform the
work to which such employment relates; that neither the Contractor nor any subcontractor,
material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent
the employment of any such person or persons from the performance of work under this
Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin,
disability, age, sexual orientation, status with regard to public assistance, or religion.
6.6
Broadway Play Area Installation – Flagship Recreation
6. Insurance. The Contractor shall maintain commercial general liability coverage for all work
covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for
combined bodily injury and property damage, and $2,000,000 in the general aggregate, and
commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence
for combined bodily injury and property damage covering owned, non-owned, and hired
automobiles. The Contractor shall provide the City with a current certificate of insurance
listing the City as an additional insured with respect to the aforementioned policies. To meet
the requirements herein, the Contractor may use a combination of excess and umbrella
coverage. The Contractor also agrees to keep in force during the entire term of this Agreement
statutory workers’ compensation insurance.
7. Bonds. The Contractor agrees to make, execute and deliver to the City separate performance
and payment bonds executed by a surety company authorized to do business in the state of
Minnesota in the sum of no less than the contract amount for the use of the City and of all
persons doing work or furnishing skill, tools, machinery, materials, or insurance premiums
under or for the purpose of this Agreement, to secure the faithful performance of this
Agreement by the Contractor and to be conditioned as required by Minn. Stat. § 574.26, et.
seq. All bonds shall be furnished by the Contractor in a form and with a surety satisfactory to
the City attorney.
8. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its
officers, elected and appointed officials, employees, administrators, commissioners, agents,
and representatives harmless from and indemnified against any and all loss, costs, fines,
charges, damage and expenses, including, without limitation, reasonable attorneys’ fees,
consultants’ and expert witness fees, and travel associated therewith, due to claims or
demands of any kind whatsoever (including those based on strict liability) only to the extent
caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including,
without limitation, any claims for any lien imposed by law for services, labor or materials, or
(iii) by reason of the execution of this Agreement or the performance of this Agreement. The
Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the
City, and its officers, agents, and employees, harmless from all such claims, demands,
damages, and causes of action and the costs, disbursements, and expenses of defending the
same, including but not limited to, attorneys’ fees, consulting engineering services, and other
technical, administrative or professional assistance. The Contractor further agrees to
indemnify the City and hold it harmless from and against any and all claims, suits, and actions
against, and all loss, damage, costs, or expense to the City occasioned by or arising from any
infringement or claim of infringement of any letters patent, or patent rights upon or covering
any patented article or articles furnished or installed by the Contractor under this Agreement
for the City, of from or by reason of the use by the City of any patented article or articles
furnished or installed by the Contractor for the City under this Agreement. The indemnity
contained in this paragraph shall be continuing and shall survive the performance or
cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation
of or waiver by the City of any immunities, defenses, or other limitations on liability to which
the City is entitled by law, including but not limited to the maximum monetary limits on
liability established by Minnesota Statutes, Chapter 466, or otherwise.
6.6
Broadway Play Area Installation – Flagship Recreation
9. Independent Contractor. The Contractor and its employees are not employees of the City.
Nothing in the Agreement is intended or should be construed in any manner as creating or
establishing the relationship as employer/employee, co-partners, or a joint venture between
the City and the Contractor. It is agreed that the Contractor and its employees will act as an
independent contractor and acquire no rights to tenure, workers’ compensation benefits,
unemployment compensation benefits, medical and hospital benefits, sick and vacation leave,
severance pay, pension benefits or other rights or benefits offered to employees of the City.
The manner in which the Project is to be performed shall be controlled by the Contractor;
however, the nature of the services and the results to be achieved shall be specified by the
City.
10. Termination. The City may terminate this Agreement upon 30 days’ written notice, except
that if the Contractor is in default and fails to cure the default within ten days following written
notice by the City, the City has the right to terminate this Agreement immediately upon written
notice of termination. The Contractor will be paid for services properly rendered and
equipment property installed prior to the effective date of termination. The following
provisions of this Agreement shall survive expiration, termination, or cancellation of this
Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit.
11. Amendments. Any amendment to this Agreement must be in writing and signed by both
parties.
12. Assignment. No assignment or attempted assignment of this Agreement or of any rights
hereunder shall be effective without the prior written consent of the City.
13. Authority. Each of the undersigned parties warrants it has the full authority to execute this
Agreement.
14. No Personal Liability. No officer, agent or employee of the City shall be personally liable
to the Contractor, or any successor in interest, in the event of any default or breach by the City
on any obligation or term of this Agreement.
15. Notices. Any notice, demand, or other communication under this Agreement by either party
to the other shall be sufficiently given or delivered if it is dispatched by registered or certified
mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed
in the preamble to this Agreement, or at such other address with respect to either such party
as that party may, from time to time, designate in writing and forward to the other as provided
in this section.
16. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any
act by the City or the Contractor shall be deemed or construed by the Contractor or by any
third person to create any relationship of third-party beneficiary, principal and agent, limited
or general partner, or joint venture between the City and the Contractor.
17. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
6.6
Broadway Play Area Installation – Flagship Recreation
18. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
19. Compliance with Laws. The Contractor warrants that all work performed pursuant to this
Agreement shall be in compliance with all federal, state and local laws, ordinances,
regulations, rules, and standards.
20. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments
signed by the parties shall constitute the entire Agreement between the City and Contractor,
and supersedes any other written or oral agreements between and City and Contractor.
21. Severability. In the event that any one or more of the provisions of this Agreement, or any
application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the
validity, legality, and enforceability of the remaining provisions in any application thereof
shall not in any way be affected or impaired thereby.
22. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy consequent upon
a breach thereof, shall constitute a waiver of any such breach of any other covenant,
agreement, term, or condition, nor does it imply that such covenant, agreement, term or
condition may be waived again.
23. Data Practices. Any and all data created, collected, received, stored, used, maintained, or
disseminated by the parties pursuant to this Agreement shall be administered in accordance
with, and is subject to the requirements of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
24. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota
Legislative Auditor, or any of their duly authorized representatives, at any time during normal
business hours and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt and transcribe any books, documents, papers, and records
that are relevant and involve transactions relating to this Agreement for six years following
termination of this Agreement.
6.6
Broadway Play Area Installation – Flagship Recreation
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year
written above.
CITY: CONTRACTOR:
By: By: ___________________________
Jim Adams
Its: Mayor Its:
By:
Adam R. Bell
Its: City Manager
6.6
EXHIBIT A
Contractor’s Quote
6.6
6.6
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: February 2, 2023
TO: Mayor and City Council
Adam R. Bell, City Manager
FROM: John Elholm, Recreation Director
Brad Fortin, Parks and Facilities Superintendent
SUBJECT: Broadway and Crystal Highlands Park Picnic Shelters
At one time, Broadway Park and Crystal Highlands Parks had warming houses. These park
buildings had not been used for many years, so were demolished. In their place, small picnic
shelters are proposed to serve these neighborhood parks. The 20’ x 20’ picnic shelters are
specified to have a structural steel frame with a standing seam metal roof; similar to picnic
shelters recently installed in other Crystal parks.
The 2023 capital budget (park improvement fund) includes $80,000 for a new picnic shelter in
each park, for a total of $160,000. This budget includes the picnic shelter, picnic shelter
installation, concrete work, outlet, security light and related features. Since a federal CDBG
grant will help fund some improvements in Broadway Park, prevailing wage requirements will
be followed for all construction in Broadway Park. Prevailing wage rates do not apply to Crystal
Highlands Park.
A 20’ x 20’ picnic shelter by Poligon can be purchased through the Sourcewell cooperative
purchasing program from Northland Recreation, contract #012621‐PPC. Northland Recreation
provided quotes for the purchase of picnic shelters in the amount of $33,374 per shelter; for a
total of $66,748. The authorized installer of Northland Recreation shelters is Mulcare
Contracting LLC. The total for the shelter and installation at each park is as follows:
Broadway Park Crystal Highlands Park
Shelter Cost $ 33,374 $ 33,374
Installation $ 9,375 $ 7,650
Total $ 42,749 $ 41,024
Staff recommends approval of the attached resolution to enter into agreements with Northland
Recreation to furnish two 20’ x 20’ picnic shelters by Poligon in the amount of $66,748. Installation
of the shelters will be completed by Mulcare Contracting LLC, under separate agreements.
6.7
CITY OF CRYSTAL
RESOLUTION 2023 -
RESOLUTION IN SUPPORT OF PURCHASING 20’ x 20’ PICNIC SHELTERS FOR
BROADWAY PARK AND CRYSTAL HIGHLANDS PARK
WHEREAS, the City of Crystal owns and operates Broadway Park and Crystal Highlands Park, and
WHEREAS, the 2023 capital budget includes funds to build a new picnic shelter in Broadway Park and
Crystal Highlands Park, and
WHEREAS, 20’ x 20’ picnic shelters that meet city specifications can be purchased from Northland
Recreation through the Sourcewell cooperative purchasing program, contract #012621‐PPC, and
WHEREAS, Northland Recreation provided quotes to furnish two 20’ x 20’ picnic shelters by Poligon in
the amount of $33,374 each; for a total of $66,748, now
THEREFORE, BE IT RESOLVED:
A. That the Crystal City Council wishes to enter into agreements with Northland Recreation, in the
amount of $33,374 for each shelter; for the purchase of 20’ x 20’ picnic shelters for Broadway
Park and Crystal Highlands Park.
B. That the Crystal City Council hereby authorizes the mayor and city manager to sign the
agreements with Northland Recreation for this project.
Adopted by the Crystal City Council this 7th day of February, 2023.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
6.7
NOTES: Poligon shelter listed on this quote will be engineered based on this design below.
Internal anchor bolts at finished grade. Other anchor bolt layouts are available but
may require additional engineering at an additional cost due to post length needed
6.7
Phone: 651‐815‐4097
QUOTATION 10085 Bridgewater Bay
Woodbury, MN 55129
Fax: 414‐395‐8538
Email: info@northlandrec.com
To: City of Crystal Date: 1/27/23
4141 Douglas Drive N Contact: Brad Fortin
Crystal, MN 55422 Phone: 763‐531‐1158
Email:
Project:Broadway Park brad.fortin@crystalmn.gov
Sourcewell State Contract Pricing ‐ #012621‐PPC
QTY ITEM DESCRIPTION UNIT EXTENSION
1 Shelter Poligon Gable Roof Shelter 20' x 20'$33,374.00
Includes: ‐‐All Steel Frame with Standing Seam Metal Roof 8:12
‐‐4 Columns ‐ 9' Eave Height ‐ Poli 5000 Paint System
‐‐Electrical access with 3 cutouts
‐‐Both Gable Ends to have Truss Ends & Round Starburst ‐ See page 2
‐‐Tongue & Groove Wood Decking
‐‐Wind Speed 115 mph / Ground Snow Load 50lb
‐‐Stamped Engineered Drawings
‐‐Shipping to Crystal, MN
‐‐Price is based on surface mount shelter design ‐ see page 2
If buried columns are required price will be more expensive
* Shipping price is based on both shelters for
Broadway Park & Crystal Highlands Park shipping together
*Note:Above price is for supply of shelters only.
*Cost for Building Permits, special inspections not included.
Sub Total $33,374.00
* Quotation is valid for 30 Days Freight Included
* Freight based ‐ shipping to Crystal, MN Tax ‐ Exempt Not Included
* Estimated ship date is TBD based upon engineered drawing approval TOTAL $33,374.00
* Terms based on NET 30
* Orders will be placed upon receipt of Purchase Order made out to Northland Recreation or your signed acceptance.
Quote By:Bill Johnson THANK YOU !
Accepted By: Date:
Accepted By:Date:
6.7
Phone: 651‐815‐4097
QUOTATION 10085 Bridgewater Bay
Woodbury, MN 55129
Fax: 414‐395‐8538
Email: info@northlandrec.com
To: City of Crystal Date: 1/27/23
4141 Douglas Drive N Contact: Brad Fortin
Crystal, MN 55422 Phone: 763‐531‐1158
Email:
Project:Crystal Highlands Park brad.fortin@crystalmn.gov
Sourcewell State Contract Pricing ‐ 012621‐PPC
QTY ITEM DESCRIPTION UNIT EXTENSION
1 Shelter Poligon Gable Roof Shelter 20' x 20'$33,374.00
Includes: ‐‐All Steel Frame with Standing Seam Metal Roof 8:12
‐‐4 Columns ‐ 9' Eave Height ‐ Poli 5000 Paint System
‐‐Electrical access with 3 cutouts
‐‐Both Gable Ends to have Truss Ends & Round Starburst ‐ See page 2
‐‐Tongue & Groove Wood Decking
‐‐Wind Speed 115 mph / Ground Snow Load 50lb
‐‐Stamped Engineered Drawings
‐‐Shipping to Crystal, MN
‐‐Price is based on surface mount shelter design ‐ see page 2
If buried columns are required price will be more expensive
* Shipping price is based on both shelters for
Broadway Park & Crystal Highlands Park shipping together
*Note:Above price is for supply of shelters only.
*Cost for Building Permits, special inspections not included.
Sub Total $33,374.00
* Quotation is valid for 30 Days Freight Included
* Freight based ‐ shipping to Crystal, MN Tax ‐ Exempt Not Included
* Estimated ship date is TBD based upon engineered drawing approval TOTAL $33,374.00
* Terms based on NET 30
* Orders will be placed upon receipt of Purchase Order made out to Northland Recreation or your signed acceptance.
Quote By:Bill Johnson THANK YOU !
Accepted By: Date:
Accepted By:Date:
6.7
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: February 2, 2023
TO: Mayor and City Council
Adam R. Bell, City Manager
FROM: John Elholm, Recreation Director
Brad Fortin, Parks and Facilities Superintendent
SUBJECT: Award of Construction Contract for Improvements in Bassett Creek Park
Crystal’s Park System Master Plan (2017) recommended that a new dog park be built in Bassett
Creek Park. Construction of a new dog park is in the 2022 capital budget (parks fund), and was
originally bid in April of 2022. Bids came in significantly high; so, the dog park project was rebid
in January of 2023.
The pedestrian bridge in Bassett Creek Park is in poor condition and needs to be replaced.
Due to the bridge’s close proximity to the dog park, replacement of the pedestrian bridge
abutments was bid with the new dog park as one project in January of 2023. The prefabricated
bridge truss has already been ordered.
Total funding for this project is $1,000,000. This includes $700,000 from the 2022 capital
budget (parks fund) for these projects as well as $300,000 in savings from other 2022 and 2023
projects. This budget also covers design work, bridge truss, lighting, fencing, park furnishings
and other items not included in the bid package. The consultant’s estimate for the bid items is
$ 504,391. Bids were opened on January 31, 2023 with the following bid results:
•Odesa II $ 558,007.00
•Peterson Companies $ 624,361.00
•Meyer Contracting $ 824,222.93
•Urban Companies $ 868,182.50
In addition, professional services will be required for construction services on these projects. A
proposal from SRF has been received in the amount of $49,774 for construction and other related
services.
Staff recommends approval of the attached resolutions, entering into agreements with Odesa II
in the amount of $558,007 for construction of improvements in Bassett Creek Park, and with SRF
Consulting in the amount of $49,774 for construction and other related services.
6.8
CITY OF CRYSTAL
RESOLUTION 2023 -
AWARD OF CONTRACT FOR
DOG PARK AND PEDESTRIAN BRIDGE IMPROVEMENTS
IN BASSETT CREEK PARK
PROJECT S.0219
WHEREAS, the Crystal City Council authorized solicitation of public bids for improvements in Bassett
Creek Park (Project S.0219), on January 3, 2023, and
WHEREAS, an advertisement for bid was placed in the city’s legal newspaper on January 12 and 19,
2023, and
WHEREAS, four bids were received and opened at an online bid opening on January 31, 2023, and
WHEREAS, Odesa II submitted the low bid in the amount of $558,007.00, and has successfully
completed recent projects in the City of Crystal, and
WHEREAS, Professional services are required for construction oversight on these projects, and
WHEREAS, SRF Consulting designed and administered bidding for these projects, and they also
provided a proposal to construction and other related services in the amount of $49,774, now
THEREFORE, BE IT RESOLVED:
A. That the City of Crystal wishes to enter into agreements with:
1. Odesa II, in the amount of $558,007.00 for construction of pedestrian bridge abutments
and a new dog park in Bassett Creek Park.
2. SRF Consulting, in the amount of $49,774; for construction and other related services on
the project.
B. That the Crystal City Council hereby authorizes the mayor and city manager to sign agreements
with Odesa II and SRF Consulting for this project.
Adopted by the Crystal City Council this 7th day of February, 2023.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
6.8
www.srfconsulting.com
3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010
Equal Employment Opportunity / Affirmative Action Employer
SRF No. 14795.00
February 2, 2023
John Elholm, CPRE
Recreation Director
City of Crystal
4800 Douglas Drive N.
Crystal, MN 55429
Subject: Bassett Creek Dog Park and Pedestrian Bridge Improvements Contractor Bid Award
Recommendation
Dear John Elholm:
On behalf of the City of Crystal, SRF prepared construction documents for installing a new dog park
facility and pedestrian bridge crossing in Bassett Creek Park. Public bids were solicited and received
by four contractors with the following results:
• Odessa II $558,007.00
• Peterson Companies $624,361.00
• Myer Contracting $824,222.93
• Urban Companies $868,182.50
SRF recommends the contract be awarded to Odessa II for the amount of $558,007. Our
understanding is Odessa II has worked with the City of Crystal on many other construction projects
with successful outcomes.
Sincerely,
SRF CONSULTING GROUP, INC.
Ken Grieshaber, ASLA, RLA (MN, ND, IA)
Project Director
6.8
CONSTRUCTION CONTRACT
City of Crystal
General Site Improvements – Bassett Creek Dog Park and Pedestrian Bridge
Improvements
Project No. ___S.0219___
This Construction Contract (“Contract”) is made and entered into this 7th day of February,
2023, by and between the City of Crystal, a Minnesota municipal corporation, 4141
Douglas Drive North, Crystal, MN 55422 (“City”) and Odesa II, a Minnesota company,
located at 9003 Mayhew Lake Road NE, Sauk Rapids, MN 55379 (“Contractor”).
RECITALS
A.The City desires to hire a contractor to provide all equipment, materials, and personnel as
may be needed to provide the services described in the attached Exhibits (“Project”);
B.The City undertook the sealed bid procedure and awarded the contract for the Project (the
“Contract”) to the Contractor; and
C.The Contractor is agreeable to and desirous of the work as needed to complete the Project in
accordance with the terms and conditions of the contract documents.
AGREEMENT
In consideration of the mutual promises and agreements contained herein, and intending
to be legally bound, the City and the Contractor hereby agree as follows:
1.Contract Documents. The following, together with this Construction Contract document,
constitute the contract documents for this Project and are incorporated in and made part of
the Contract:
(a)Advertisement for Bids (attached as Exhibit A);
(b)Project Location Map (attached as Exhibit B);
(c)Instructions to Bidders (attached as Exhibit C);
(d)Contractors Bid (attached as Exhibit D);
(e)General Contract Provisions (attached as Exhibit E);
(f)General Requirements and Covenants (attached as Exhibit F);
(g)Special Contract Provisions (attached as Exhibit G);
(h)Plan Sheets (attached as (Exhibit H);
(i)Contractor’s Bid Bond, Performance Bond and Payment Bond;
(j)Contractor’s Certificates of Insurance;
2.Work. The Contractor agrees to provide all equipment, materials, and personnel as needed to
complete the Project in accordance with standards, specifications, and plans adopted by the
6.8
City for the Project and the terms and conditions of the Contract, which incorporates all of
the identified contract documents attached hereto as Exhibits A-H (collectively the “Work”)
3.Contract Price. City agrees to pay Contractor consistent with the General Contract
Provisions in Exhibit E for the satisfactory completion of the Work in accordance with the
Contractor’s bid, attached as Exhibit D, and the actual quantities of the unit price items used
to complete the Work.
4.Insurance Requirements. The Contractor shall maintain during the entire term of this
Contract at least the following insurances with at least the following coverage amounts, all of
which shall comply with applicable provisions of the General Contract Provisions:
(a)Workers’ Compensation:
(1) State: Statutory Amounts
(2) Applicable Federal: Statutory Amounts
(3) Employer’s Liability:
i.Bodily Injury by Accident $100,000 Each Accident
ii.Bodily Injury by Disease $100,000 Each Accident
iii.Bodily Injury by Disease $500,000 Policy Limit
(b)Commercial General Liability:
(1)General Aggregate $2,000,000
(2)Each Occurrence(Bodily Injury/Property Damage)$1,500,000
(3)Excess or Umbrella Liability
i.General Aggregate $5,000,000
ii.Each Occurrence $5,000,000
(c)Automobile Liability:
(1)Bodily Injury:
i.Each Person $1,000,000
ii.Each Accident $1,000,000
(2)Property Damage:
i.Each Accident $1,000,000
ii.Each Accident $1,000,000
(3)Combined Single Limit:$1,000,000
5.Project Timing. The Work shall be completed in accordance with the following schedule:
Bassett Creek Dog Park and Pedestrian Bridge Improvements:
Start construction on or after April 17, 2023
(a)Substantial completion on or before July 28, 2023.
(b)Final completion on or before August 11, 2023.
(c)Ready for final payment on or before August 25, 2023.
6.8
6. Required Submittals. The Contractor agrees to provide the City all of the following before
commencing any of the Work on the Project:
(a) Certificates of insurance showing the types and amounts of insurance required by this
Contract and naming the City as an additional insured on the Contractor’s commercial
general liability policy;
(b) Performance bond and payment bond each for the total amount of the Contractor’s bid;
(c) List of all subcontractors;
(d) Responsible Contractor Statements from the Contractor and all subcontractors; and
(e) Affidavit of Non-Collusion.
7. Notices. Any notices provided under this Contract shall be delivered or mailed to the
following:
(a) To the City at:
(b) To the Contractor at:
John Elholm
Recreation Director
City of Crystal
4800 Douglas Drive North
Crystal, MN 55429
_________________
_________________
_________________
8. Controlling Provisions. The provisions of the documents constituting the Contract shall be
read together and reconciled to the greatest extent reasonably possible. To the extent there
are any conflicting provisions that cannot be reconciled, the more specific provision shall
generally be controlling. To the extent the conflicting provision is contained in the Special
Contract Provisions (Exhibit G) or in the General Requirements and Covenants (Exhibit F),
the provisions contained in such documents shall be controlling.
IN WITNESS WHEREOF, the parties have executed this Contract as of the date and year
first written above.
By:
Print Name
Its:
Title
Signature
Date:_____________________________________
CONTRACTORCITY OF CRYSTAL
Date:
By:
Jim Adams
Its: Mayor
By:
Adam R. Bell
Its: City Manager
Odesa II
90033 Mayhew Lake Road NE
Sauk Rapids, MN 55374
6.8
CITY OF CRYSTAL HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
BASSETT CREEK PARK OFF LEASH DOG AREA AND PEDESTRIAN BRIDGE IMPROVEMENTS CITY PROJECT NO S.0219
The City of Crystal (“City”) is seeking bids for the above-referenced
project. Bids will be received online through QuestCDN vBid™,
until 2:00 pm on Tuesday, January 31, 2023. Immediately following
expiration of the time for receiving bids, representatives of the City will
publicly view bids at an online bid opening meeting. Those interested
in viewing the online bid opening are welcome to join the meeting by
calling 312.626.6799 or logging on to:
https://srfconsulting.zoom.us/j/93356246550?pwd=NEY5NDA2UXF
0MzY3ME9TRTJ5SlRnZz09&from=addon
and entering Meeting ID 993 5624 6550 and Passcode 995210. The
as-read online bid results will be available at www.questcdn.com follow-
ing the bid opening.
The project includes the furnishing of all labor, materials, and all else
necessary for construction of the Bassett Creek Park off leash dog
area, parking lot, and installation of a pedestrian bridge. In gener-
al, work consists of all labor and materials for construction complete
in-place, including, but is not limited to, general earthwork, concrete
pavement, concrete curb, concrete abutments, prefabricated bridge in-
stallation, asphalt paving, utilities, fencing, landscaping, seeding, and
site restoration.
Information and Bidding Documents for the Project can be found
at www.questcdn.com. Bidding Documents may be downloaded from
the website for a nonrefundable fee of $30 by inputting Quest project
#8358548 on the website’s Project Search page. The website will be
updated periodically with addenda, lists of registered plan holders, re-
ports, and other information relevant to submitting a bid for the Project.
All official notifications, addenda, and other Bidding Documents will be
offered only through the website. The City is not responsible for the
accuracy of Bidding Documents, including addenda, if any, obtained
from other sources.
Bids will only be accepted via the electronic bidding service through
QuestCDN. The City Council reserves the right to reject any and all bids
and to waive any bids received without explanation. No bid may be
withdrawn for a period of sixty (60) days.
The successful bidder must be a “responsible contractor.” The term
“responsible contractor” means a contractor as defined in Minnesota
Statutes, section 16C.285, subdivision 3. Any prime contractor, sub-
contractor, or motor carrier that does not meet the minimum criteria
or fails to comply with the verification and other requirements of the
statute is not a responsible contractor and is not eligible to be awarded
a construction contract for the project or to perform work on the project.
Direct inquiries to Landscape Architect’s Project Manager Ken Grie-
shaber at kgrieshaber@srfconsulting.com or 763.249.6709. Questions
will be received until 4:00 pm, January 24th, 2023.
Bid Security in the amount of 5 percent of the amount of the bid must
accompany each bid in accordance with the Instructions to Bidders.
Chrissy Serres, City Clerk
Published in the
Sun Post
January 12, 19, 2023
1285042
Not Actual Size
6.8
Bassett Creek Dog Park and Pedestrian Bridge Improvements (#8358548)
Owner: Crystal MN, City of
Solicitor: SRF Consulting Group, Inc.
01/31/2023 02:00 PM CST
ODESA II
Line Item Item Code Item Description UofM Quantity Unit Price Extension
BASE BID $558,007.00
1 2021.501 MOBILIZATION LUMP SUM 1 $55,000.00 $55,000.00
2 2011.601 CONSTRUCTION SURVEYING LUMP SUM 1 $17,000.00 $17,000.00
3 2104.602 REMOVE TIMBER PILES EACH 4 $300.00 $1,200.00
4 2106.507 EXCAVATION ‐ COMMON (P)CU YD 2203 $6.00 $13,218.00
5 2106.507 COMMON EMBANKMENT (CV)CU YD 98 $35.00 $3,430.00
6 2112.519 SUBGRADE PREPARATION SQ YD 3666 $6.00 $21,996.00
7 2211.507 AGGREGATE BASE (CV) CLASS 5 CUYD 397 $55.00 $21,835.00
8 2118.507 AGGREGATE SURFACING (CV) CLASS 2 CUYD 195 $70.00 $13,650.00
9 2401.507 STRUCTURAL CONCRETE (1G52) (P)CUYD 28 $750.00 $21,000.00
10 2401.507 STRUCTURAL CONCRETE (3B52) (P)CUYD 33 $750.00 $24,750.00
11 2401.601 REINFORCEMENT BARS (P)POUNDS 1400 $3.00 $4,200.00
12 2401.508 REINFORCEMENT BARS (EPOXY COATED) (P)POUNDS 4640 $4.50 $20,880.00
13 2401.601 STRUCTURE EXCAVATION LUMP SUM 1 $5,000.00 $5,000.00
14 2402.601 INSTALL PEDESTRIAN BRIDGE (SUPERSTRUCTURE PROVIDED BY O LUMP SUM 1 $17,500.00 $17,500.00
15 2406.504 BRIDGE APPOACH PANELS (P)SQ YD 22 $140.00 $3,080.00
16 2451.607 STRUCTURAL BACKFILL (P)CUYD 36 $40.00 $1,440.00
17 2452.502 C‐I‐P CONC TEST PILE 80 FT LONG 12"EACH 2 $22,600.00 $45,200.00
18 2452.502 PILE REDRIVING EACH 2 $975.00 $1,950.00
19 2452.503 C‐I‐P CONCRETE PILING 12"LIN FT 450 $150.00 $67,500.00
20 2502.501 DRAINAGE SYSTEM TYPE (B910)LUMP SUM 1 $9,000.00 $9,000.00
21 2511.507 RANDOM RIPRAP CLASS III (P)CU YD 158 $150.00 $23,700.00
22 2511.507 GRANULAR FILTER CU YD 53 $60.00 $3,180.00
23 2501.502 12" GS PIPE APRON EACH 2 $200.00 $400.00
24 2503.503 12" CS PIPE CULVERT LIN FT 30 $40.00 $1,200.00
25 2521.518 6" CONCRETE WALK SQ FT 338 $15.00 $5,070.00
26 2521.518 6" CONCRETE WALK ‐ REINFORCED SQ FT 157 $15.00 $2,355.00
27 2521.518 4" CONCRETE WALK SQ FT 1069 $9.00 $9,621.00
28 2531.618 TRUNCATED DOMES SQ FT 16 $50.00 $800.00
29 2360.509 TYPE SPWE 9.5 WEARING COURSE MIXTURE (3;C)TON 137 $180.00 $24,660.00
30 2360.509 TYPE SPNW 12.5 NON WEARING COURSE MIXTURE (3;C) TON 137 $175.00 $23,975.00
31 2521.518 3" BITUMINOUS WALK SQ FT 4213 $4.00 $16,852.00
32 2502.502 8" PRECAST CONCRETE HEADWALL EACH 1 $1,000.00 $1,000.00
33 2503.503 8" PVC PIPE SEWER LIN FT 132 $25.00 $3,300.00
34 2504.603 1" TYPE HDPE PIPE LIN FT 484 $14.00 $6,776.00
35 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 (RAIN GUAEACH 1 $2,700.00 $2,700.00
36 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 2 (NYLOPLA EACH 1 $2,000.00 $2,000.00
37 2511.504 GEOTEXTILE FILTER TYPE 3SQ YD 11 $10.00 $110.00
38 2511.507 RANDOM RIPRAP CLASS II CU YD 6 $80.00 $480.00
39 2531.503 CONCRETE CURB AND GUTTER DESIGN B612 LIN FT 527 $35.00 $18,445.00
40 2531.503 CONCRETE CURB AND GUTTER DESIGN B618 LIN FT 132 $45.00 $5,940.00
41 2531.503 CONCRETE RIBBON CURB LIN FT 70 $37.00 $2,590.00
42 2564.618 SIGN TYPE CSQ FT 4 $100.00 $400.00
43 2540.602 WATER SPIGOT EACH 2 $1,500.00 $3,000.00
44 2540.602 22' LEAF SWING BARRIER GATE EACH 1 $5,500.00 $5,500.00
45 2563.601 TRAFFIC CONTROL LUMP SUM 1 $500.00 $500.00
46 2572.503 TEMPORARY FENCE LIN FT 715 $5.00 $3,575.00
47 2573.501 STABILIZED CONSTRUCTION EXIT EACH 3 $900.00 $2,700.00
48 2573.502 STORM DRAIN INLET PROTECTION EACH 1 $150.00 $150.00
49 2573.503 SILT FENCE, TYPE STANDARD LIN FT 3144 $3.50 $11,004.00
50 2573.503 FLOATATION SILT CURTAIN TYPE MOVING WATER LIN FT 122 $30.00 $3,660.00
51 2574.507 COMMON TOPSOIL BORROW CUYD 59 $45.00 $2,655.00
52 2582.503 4" SOLID LINE PAINT LIN FT 660 $0.50 $330.00
53 2582.518 PAVEMENT MESSAGE PAINT SQ FT 55 $10.00 $550.00
Base Bid Total:$558,007.00
6.8
www.srfconsulting.com
3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010
Equal Employment Opportunity / Affirmative Action Employer
February 2, 2023
Mr. John Elholm
Recreation Director
City of Crystal
4800 Douglas Drive North
Crystal, MN 55429
Subject: Amendment Request for Providing In-Construction Services and Project Management for
Construction of the Bassett Creek Dog Park and Pedestrian Bridge
Dear Mr. Elholm:
Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this amendment request
for providing in-construction services and project management for site improvements at Bassett Creek
Park. Improvements include installation of a new dog park, parking lot, and concrete abutments for a new
pedestrian bridge creek crossing in the park. Construction is anticipated to begin in late April and be
completed by the end of July 2023.
Scope of Services
SRF will reassemble separate construction drawing and specification bid packages for all proposed site
improvements at Bassett Creek Park, including the addition of a new pedestrian bridge crossing over
Bassett Creek. All proposed site improvements will be reassessed to identify any value engineering or
product specifications that can be modified to implement a more cost-effective project for the City based
on the current challenging bid climate. Additional opportunities will be discussed and coordinated with
City staff for soliciting separate quotes for the installation of fencing, lighting, and other site
improvements as needed to increase cost efficiencies for installing all proposed site improvements.
Construction services will also require completing testing and inspection services for the installation of
piles and bridge abutments.
Basis of Payment/Budget
We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other
direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will
be billed at the current allowable IRS rate for business miles. Invoices are submitted monthly for work
performed during the previous month. Payment is due within 30 days.
6.8
Mr. John Elholm February 2, 2023
City of Crystal Page 2
Based on our understanding of the project, we estimate the following scope of work to be completed for
finalizing plans and specifications, rebidding, and completing in-construction services, which includes both
time and expenses.
Bassett Creek Park Site Improvements
Prepare Updated Construction Drawings, Bid Form, and Specifications for Public Bidding $ 3,200
Prepare Separate Bid Quote Package for Installation of Fencing $ 2,500
Integrate Pedestrian Bridge Abutments into Construction Plan Set and Specifications $ 1,800
Complete 2023 Bidding, Project Management, and In-Construction Services $10,600
Expenses $ 150
Subtotal $18,250
Bassett Creek Park Bridge Improvements
Wetland Delineation/Permitting $ 7,585
Project Management/In-Construction Services $13,150
Geotechnical Testing Services (AET) $10,639
Expenses $ 150
Sub Total $ 31,524
Changes in the Scope of Services
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before
any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not
begin work until we receive authorization from you.
Standard Terms and Conditions
The attached Standard Terms and Conditions (Attachment A) with this proposal for professional services,
constitute the entire agreement between the Client and SRF Consulting Group, Inc. and supersede all
prior written or oral understandings. This agreement may only be amended, supplemented, modified, or
canceled by a duly executed written instrument.
Acceptance/Notice to Proceed
A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this proposal
and our notice to proceed. The email address is kgrieshaber@srfconsulting.com.
6.8
Mr. John Elholm February 2, 2023
City of Crystal Page 3
We sincerely appreciate your consideration of this amendment request and look forward to working with
the City on implementing new park improvements at Bassett Creek Park. Please let me know if you have
questions about any of the scope of work included in this amendment request.
Sincerely,
SRF CONSULTING GROUP, INC.
Ken Grieshaber, PLA, ASLA
Project Director
Attachment A: Standard Terms and Conditions
Attachment B-1: Pedestrian Bridge Scope of Work
Attachment C: AET Testing Services Proposal
Approved (City of Crystal)
(signature)
Name
Title
Date
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal.
6.8
6.8
6.8
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: February 2, 2023
TO: Mayor and City Council
Adam R. Bell, City Manager
FROM: John Elholm, Recreation Director
Brad Fortin, Parks and Facilities Superintendent
SUBJECT: Award of Construction Contract for Improvements in Grogan Park
The south parking lot in Grogan Park (community center) is in poor condition and needs to be
replaced. Replacement of the parking lot is in the 2022 and 2023 capital budget (building fund),
and was originally bid in April of 2022. Bids came in significantly high; so, the parking lot project
was rebid in January of 2023.
Total funding for this project is $1,460,000; which is from the 2022 and 2023 capital budget
(parks fund) for these projects. This budget also covers design work, restoration work, park
furnishings and other items not included in the bid package. The consultant’s estimate for the
bid items is $ 1,282,562. Bids were opened on January 31, 2023 with the following bid results:
•GMH Asphalt Corporation $ 1,087,444.07
•Kevitt Excavating $ 1,104,596.63
•Veit & Company $ 1,163,672.35
•New Look Contracting $ 1,243,130.50
•Park Construction Company $ 1,319,184.00
•Omann Brothers Paving, Inc.$ 1,357,758.42
•Meyer Contracting, Inc.$ 1,394,063.85
•Urban Companies $ 1,461,300.50
In addition, professional services will be required for construction services on these projects. A
proposal from SRF has been received in the amount of $ $24,725 for construction and other
related services.
Staff recommends approval of the attached resolution to enter into an agreement with GMS
Asphalt Corporation for replacement of the south parking lot and other related improvements
in Grogan Park (community center) in the amount of $ 1,087,444.07 and with SRF Consulting
in the amount of $24,725 for construction and other related services.
6.9
CITY OF CRYSTAL
RESOLUTION 2023 -
AWARD OF CONTRACT FOR
SOUTH PARKING LOT REPLACEMENT
IN GROGAN PARK (COMMUNITY CENTER)
PROJECT S.0242
WHEREAS, the Crystal City Council authorized solicitation of public bids for improvements in Bassett
Creek Park (Project S.0242), on January 3, 2023, and
WHEREAS, an advertisement for bid was placed in the city’s legal newspaper on January 12 and 19,
2023, and
WHEREAS, eight bids were received and opened at an online bid opening on January 31, 2023, and
WHEREAS, GMH Asphalt Corporation submitted the low bid in the amount of $1,087,444.07, and has
successfully completed recent projects in the area, and
WHEREAS, Professional services are required for construction oversight on these projects, and
WHEREAS, SRF Consulting designed and administered bidding for these projects, and they also
provided a proposal to construction and other related services in the amount of $24,725, now
THEREFORE, BE IT RESOLVED:
A. That the City of Crystal wishes to enter into an agreement with:
1. GMH Asphalt Corporation, in the amount of $1,087,444.07, for replacement of the south
parking lot in Grogan Park.
2. SRF Consulting, in the amount of $24,724; for construction and other related services on
the project.
B. That the Crystal City Council hereby authorizes the mayor and city manager to sign agreements
with GMH Asphalt Corporation and SRF Consulting for this project.
Adopted by the Crystal City Council this 7th day of February, 2023.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
6.9
www.srfconsulting.com
3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010
Equal Employment Opportunity / Affirmative Action Employer
SRF No. 14721.00
February 2, 2023
John Elholm, CPRE
Recreation Director
City of Crystal
4800 Douglas Drive N.
Crystal, MN 55429
Subject: Grogan Park Parking lot and Trail Improvements Contractor Bid Award
Recommendation
Dear John Elholm:
On behalf of the City of Crystal, SRF prepared construction documents for installing a new parking
lot at the Crystal Community Center and realigning trail circulation into Grogan Park. Public bids were
solicited and received by eight contractors with the following results:
•GMH Asphalt $1,087,444.07
•Kevitt Excavating $1,104,596.63
•Veit & Company $1,163,672.35
•New Look Contracting $1,243,130.50
•Park Construction Company $1,319,184.00
•Omann Brothers Paving, Inc. $1,357,758.42
•Meyer Contracting $1,394,063.85
•Urban Companies $1,461,300.50
SRF recommends the contract be awarded to GMH Asphalt Corporation for the amount
of $1,087,444.07. GMH Asphalt has completed roadway and parking lot improvement projects for
many municipal and county agencies in the Twin Cities for over forty years with successful project
outcomes.
Sincerely,
SRF CONSULTING GROUP, INC.
Ken Grieshaber, ASLA, RLA (MN, ND, IA)
Project Director
6.9
CONSTRUCTION CONTRACT
City of Crystal
General Site Improvements – Crystal Community Center Parking Lot and Grogan Park
Trail Improvements
Project No. ___S.0242___
This Construction Contract (“Contract”) is made and entered into this 7th day of
February, 2023, by and between the City of Crystal, a Minnesota municipal corporation, 4141
Douglas Drive North, Crystal, MN 55422 (“City”) and GMH Asphalt Corporation, a Minnesota
Company located at 9180 Laketown Road, Chaska, MN 55318 (“Contractor”).
RECITALS
A.The City desires to hire a contractor to provide all equipment, materials, and personnel as
may be needed to provide the services described in the attached Exhibits (“Project”);
B.The City undertook the sealed bid procedure and awarded the contract for the Project (the
“Contract”) to the Contractor; and
C.The Contractor is agreeable to and desirous of the work as needed to complete the Project in
accordance with the terms and conditions of the contract documents.
AGREEMENT
In consideration of the mutual promises and agreements contained herein, and intending
to be legally bound, the City and the Contractor hereby agree as follows:
1. Contract Documents. The following, together with this Construction Contract document,
constitute the contract documents for this Project and are incorporated in and made part of
the Contract:
(a)Advertisement for Bids (attached as Exhibit A);
(b) Project Location Map (attached as Exhibit B);
(c)Instructions to Bidders (attached as Exhibit C);
(d)Contractors Bid (attached as Exhibit D);
(e)General Contract Provisions (attached as Exhibit E);
(f)General Requirements and Covenants (attached as Exhibit F);
(g) Special Contract Provisions (attached as Exhibit G);
(h)Plan Sheets (attached as (Exhibit H);
(i) Contractor’s Bid Bond, Performance Bond and Payment Bond;
(j) Contractor’s Certificates of Insurance;
2. Work. The Contractor agrees to provide all equipment, materials, and personnel as needed to
complete the Project in accordance with standards, specifications, and plans adopted by the
6.9
City for the Project and the terms and conditions of the Contract, which incorporates all of
the identified contract documents attached hereto as Exhibits A-H (collectively the “Work”)
3.Contract Price. City agrees to pay Contractor consistent with the General Contract
Provisions in Exhibit E for the satisfactory completion of the Work in accordance with the
Contractor’s bid, attached as Exhibit D, and the actual quantities of the unit price items used
to complete the Work.
4. Insurance Requirements. The Contractor shall maintain during the entire term of this
Contract at least the following insurances with at least the following coverage amounts, all of
which shall comply with applicable provisions of the General Contract Provisions:
(a)Workers’ Compensation:
(1)State:Statutory Amounts
(2)Applicable Federal:Statutory Amounts
(3)Employer’s Liability:
i.Bodily Injury by Accident $100,000 Each Accident
ii.Bodily Injury by Disease $100,000 Each Accident
iii.Bodily Injury by Disease $500,000 Policy Limit
(b)Commercial General Liability:
(1)General Aggregate $2,000,000
(2)Each Occurrence(Bodily Injury/Property Damage) $1,500,000
(3)Excess or Umbrella Liability
i.General Aggregate $5,000,000
ii.Each Occurrence $5,000,000
(c)Automobile Liability:
(1) Bodily Injury:
i.Each Person $1,000,000
ii.Each Accident $1,000,000
(2) Property Damage:
i.Each Accident $1,000,000
ii.Each Accident $1,000,000
(3) Combined Single Limit:$1,000,000
5.Project Timing. The Work shall be completed in accordance with the following schedule:
Crystal Community Center Parking Lot and Grogan Park Trail Improvements:
Start construction on or after April 17, 2023.
(a)Substantial completion on or before September 15, 2023.
(b)Final completion on or before September 29, 2023.
(c)Ready for final payment on or before October 27, 2023
6.9
6. Required Submittals. The Contractor agrees to provide the City all of the following before
commencing any of the Work on the Project:
(a)Certificates of insurance showing the types and amounts of insurance required by this
Contract and naming the City as an additional insured on the Contractor’s commercial
general liability policy;
(b) Performance bond and payment bond each for the total amount of the Contractor’s bid;
(c)List of all subcontractors;
(d)Responsible Contractor Statements from the Contractor and all subcontractors; and
(e)Affidavit of Non-Collusion.
7.Notices. Any notices provided under this Contract shall be delivered or mailed to the
following:
(a)To the City at:
(b)To the Contractor at:
John Elholm
Recreation Director City of Crystal
4800 Douglas Drive North
Crystal, MN 55429
GMH Asphalt Corporation
9180 Laketown Road
Chaska, MN 55318
8.Controlling Provisions. The provisions of the documents constituting the Contract shall be
read together and reconciled to the greatest extent reasonably possible. To the extent there
are any conflicting provisions that cannot be reconciled, the more specific provision shall
generally be controlling. To the extent the conflicting provision is contained in the Special
Contract Provisions (Exhibit G) or in the General Requirements and Covenants (Exhibit F),
the provisions contained in such documents shall be controlling.
IN WITNESS WHEREOF, the parties have executed this Contract as of the date and year
first written above.
By:
Print Name
Its:
Title
Signature
Date:_____________________________________
CONTRACTORCITY OF CRYSTAL
Date:
By:
Jim Adams
Its: Mayor
By:
Adam R. Bell
Its: City Manager
6.9
CITY OF CRYSTAL HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
CRYSTAL COMMUNITY CENTER PARKING LOT AND GROGAN PARK TRAIL IMPROVEMENTS CITY PROJECT NO S.0242
The City of Crystal (“City”) is seeking bids for the above-reference
project. Bids will be received online through QuestCDN vBid™, until
3:00 pm on Tuesday, January 31, 2023. Immediately following expira-
tion of the time for receiving bids, representatives of the City will publicly
view bids at an online bid opening meeting. Those interested in view-
ing the online bid opening are welcome to join the meeting by calling
312.626.6799 or logging on to:
https://srfconsulting.zoom.us/j/96327461642?pwd=NnJKRFFjeGVq
ZHpDN1JWVXV2dC9tUT09&from=addon
and entering Meeting ID 963 2746 1642. and Passcode 132192.
The as-read online bid results will be available at www.questcdn.com
following the bid opening.
The project includes the furnishing of all labor, materials, and all else
necessary for construction of the Crystal Community Center Parking
Lot and Grogan Park trail improvements. In general, work consists
of all labor and materials for construction complete in-place, including,
but is not limited to, general earthwork, concrete pavement, concrete
curb, asphalt paving, lighting, utilities, landscaping, and site restoration.
Information and Bidding Documents for the Project can be found
at www.questcdn.com. Bidding Documents may be downloaded from
the website for a nonrefundable fee of $30 by inputting Quest project
#8358549 on the website’s Project Search page. The website will be
updated periodically with addenda, lists of registered plan holders, re-
ports, and other information relevant to submitting a bid for the Project.
All official notifications, addenda, and other Bidding Documents will be
offered only through the website. The City is not responsible for the
accuracy of Bidding Documents, including addenda, if any, obtained
from other sources.
Bids will only be accepted via the electronic bidding service through
QuestCDN. The City Council reserves the right to reject any and all bids
and to waive any bids received without explanation. No bid may be
withdrawn for a period of sixty (60) days.
The successful bidder must be a “responsible contractor.” The term
“responsible contractor” means a contractor as defined in Minnesota
Statutes, section 16C.285, subdivision 3. Any prime contractor, sub-
contractor, or motor carrier that does not meet the minimum criteria
or fails to comply with the verification and other requirements of the
statute is not a responsible contractor and is not eligible to be awarded
a construction contract for the project or to perform work on the project.
Direct inquiries to Landscape Architect’s Project Manager Ken Grie-
shaber at kgrieshaber@srfconsulting.com or 763.249.6709. Questions
will be received until 4:00 pm, January 24th, 2023.
Bid Security in the amount of 5 percent of the amount of the bid must
accompany each bid in accordance with the Instructions to Bidders.
Chrissy Serres, City Clerk
Published in the
Sun Post
January 12, 19, 2023
1285045
Not Actual Size
6.9
Crystal Community Center Parking Lot and Grogan Park Trail Improvements (#8358549)
Owner: Crystal MN, City of
Solicitor: SRF Consulting Group, Inc.
01/31/2023 03:00 PM CST
GMH Asphalt
Corporation
Line Item Item Code Item Description UofM Quantity Unit Price Extension
1 2011.601 CONSTRUCTION SURVEYING LUMP SUM 1 $12,000.00 $12,000.00
2 2021.501 MOBILIZATION LUMP SUM 1 $73,900.00 $73,900.00
3 2101.501 CLEARING AND GRUBBING LUMP SUM 1 $5,465.00 $5,465.00
4 2104.502 REMOVE SIGN AND POST EACH 15 $52.75 $791.25
5 2104.502 REMOVE BOLLARD EACH 17 $75.00 $1,275.00
6 2104.502 REMOVE LIGHT STANDARD EACH 12 $178.00 $2,136.00
7 2104.502 REMOVE LIGHT FOUNDATION EACH 12 $476.00 $5,712.00
8 2105.502 SALVAGE LUMINAIRE AND EXTENSION EACH 15 $44.30 $664.50
9 2104.502 REMOVE CATCH BASIN EACH 2 $816.00 $1,632.00
10 2104.503 REMOVE NON‐METALLIC CONDUIT LIN FT 1374 $3.50 $4,809.00
11 2104.503 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT 175 $3.50 $612.50
12 2104.503 REMOVE RETAINING WALL LIN FT 76 $19.50 $1,482.00
13 2104.503 REMOVE SEWER PIPE (STORM)LIN FT 125 $8.60 $1,075.00
14 2104.504 REMOVE CONCRETE PAVEMENT SQ YD 460 $14.35 $6,601.00
15 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 9525 $2.25 $21,431.25
16 2104.504 REMOVE CURB AND GUTTER LIN FT 2750 $4.00 $11,000.00
17 2105.507 COMMON EXCAVATION (P)CU YD 4350 $27.30 $118,755.00
18 2105.507 SUBGRADE EXCAVATION CU YD 25 $40.00 $1,000.00
19 2112.604 SUBGRADE PREPARATION SQ YD 10310 $3.65 $37,631.50
20 2123.61 STREET SWEEPER (WITH PICKUP BROOM)HOUR 4 $158.00 $632.00
21 2211.507 AGGREGATE BASE (CV) CLASS 5CU YD 2330 $0.01 $23.30
22 2301.518 CONCRETE PAVEMENT 8"SQ FT 223 $10.25 $2,285.75
23 2301.518 CONCRETE PAVEMENT 4"SQ FT 10173 $5.90 $60,020.70
24 2360.509 TYPE SP 9.5 WEARING COURSE MIXTURE (3;C)TON 1060 $105.95 $112,307.00
25 2360.509 TYPE SP 9.5 NON WEARING COURSE MIXTURE (3;C)TON 985 $112.50 $110,812.50
26 2503.503 12" RC PIPE SEWER LIN FT 22 $61.30 $1,348.60
27 2503.503 15" RC PIPE SEWER LIN FT 142 $66.70 $9,471.40
28 2503.503 18" RC PIPE SEWER LIN FT 26 $81.75 $2,125.50
29 2503.503 24" RC PIPE SEWER LIN FT 123 $93.60 $11,512.80
30 2503.503 24" HDPE PIPE SEWER LIN FT 32 $74.20 $2,374.40
31 2503.602 CONNECT TO EXISTING STORM SEWER EACH 3 $1,022.00 $3,066.00
32 2504.601 IRRIGATION SYSTEM LUMP SUM 1 $13,430.00 $13,430.00
33 2504.602 ADJUST VALVE BOX EACH 3 $999.00 $2,997.00
34 2506.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 1 $1,022.00 $1,022.00
35 2506.502 CONST DRAINAGE SYSTEM DESIGN SPECIAL 3 (SAFL BAFFLE)EACH 1 $19,361.00 $19,361.00
36 2506.502 CONST DRAINAGE SYSTEM DESIGN SPECIAL 4 (UNDERGROUND STORMWATER STORAGE SYSTEM)EACH 1 $147,356.00 $147,356.00
37 2506.502 CONST DRAINAGE SYSTEM DESIGN SPECIAL 5 (30" DIAMETER STRUCTURE)EACH 2 $4,894.00 $9,788.00
38 2506.502 CASTING ASSEMBLY EACH 8 $953.00 $7,624.00
39 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN SD‐48 LIN FT 11 $1,033.00 $11,363.00
40 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60‐4020 LIN FT 16 $484.00 $7,744.00
41 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN SD‐96 LIN FT 5 $2,829.00 $14,145.00
42 2506.503 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 6 LIN FT 7 $774.00 $5,418.00
43 2531.503 CONCRETE CURB AND GUTTER DESIGN S512 LIN FT 481 $24.00 $11,544.00
44 2531.503 CONCRETE CURB AND GUTTER DESIGN B612 LIN FT 2342 $20.65 $48,362.30
45 2531.618 TRUNCATED DOMES SQ FT 184 $73.20 $13,468.80
46 2545.502 LIGHTING UNIT TYPE SPECIAL 1 EACH 7 $3,410.00 $23,870.00
47 2545.502 LIGHTING UNIT TYPE SPECIAL 2 EACH 2 $3,611.00 $7,222.00
48 2545.502 LIGHTING UNIT TYPE SPECIAL 3 EACH 1 $3,544.00 $3,544.00
49 2545.502 LIGHTING FOUNDATION DESIGN E MOD EACH 10 $1,082.00 $10,820.00
50 2545.502 HANDHOLE EACH 2 $882.00 $1,764.00
51 2545.503 2" NON‐METALLIC CONDUIT LIN FT 2213 $8.45 $18,699.85
52 2545.503 4" NON‐METALLIC CONDUIT LIN FT 70 $18.25 $1,277.50
53 2545.503 UNDERGROUND WIRE 1/C 6 AWG LIN FT 4617 $1.71 $7,895.07
54 2545.503 UNDERGROUND WIRE 1/C 12 AWG LIN FT 915 $0.56 $512.40
55 2545.602 INSTALL LUMINAIRE EACH 12 $44.30 $531.60
56 2563.601 TRAFFIC CONTROL LUMP SUM 1 $2,005.00 $2,005.00
57 2564.518 SIGN PANEL TYPE C SQ FT 27 $142.00 $3,834.00
58 2571.524 DECIDUOUS TREE 2" CAL B&B EACH 21 $583.00 $12,243.00
59 2571.524 DECIDUOUS TREE 1.5" CAL B&B EACH 3 $1,201.00 $3,603.00
60 2571.525 DECIDUOUS SHRUB NO 5 CONT EACH 252 $79.00 $19,908.00
61 2573.503 STABILIZED CONSTRUCTION EXIT LUMP SUM 1 $1,813.00 $1,813.00
62 2573.502 INLET PROTECTION EACH 6 $205.00 $1,230.00
63 2573.503 SILT FENCE, TYPE STANDARD LIN FT 950 $1.99 $1,890.50
64 2573.503 SEDIMENT CONTROL LOG TYPE WOOD FIBER LIN FT 210 $5.15 $1,081.50
65 2574.507 COMMON TOPSOIL BORROW CY 225 $45.90 $10,327.50
66 2574.507 LOAM TOPSOIL BORROW CU YD 136 $49.55 $6,738.80
67 2575.504 EROSION CONTROL BLANKETS CATEGORY 3SQ YD 2110 $3.00 $6,330.00
68 2582.503 4" SOLID LINE PAINT LIN FT 4985 $0.42 $2,093.70
69 2582.518 PAVEMENT MESSAGE PAINT SQ FT 480 $1.32 $633.60
Base Bid Total:$1,087,444.07
6.9
www.srfconsulting.com
3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010
Equal Employment Opportunity / Affirmative Action Employer
February 2, 2023
Mr. John Elholm
Recreation Director
City of Crystal
4800 Douglas Drive North
Crystal, MN 55429
Subject: Amendment Request for Providing In-Construction Services and Project Management
for the Crystal Community Center Parking Lot and Grogan Park Trail Improvements
Dear Mr. Elholm:
Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this amendment
request for providing in-construction services and project management for the installation of a new
parking lot at the Crystal Community Center and completing trail realignments in Grogan Park. This
project will be bid in January of 2023, construction started in late April, and completed by
September 2023.
Scope of Services
SRF will prepare a separate construction drawing and specification bid package for all proposed site
improvements to be implemented at Grogan Park. SRF will assess and identify any value engineering
or product specifications that can be modified to implement a more cost-effective project for the
City based on the current challenging bid climate. Additional opportunities will be discussed and
coordinated for having trees removals and seeding site restoration completed by City staff to
increase cost efficiencies for the project.
Construction services and project management will be provided for review and approval of shop
drawings, construction meetings, on-site inspections, answering contractor RFI’s, review and
approval of contractor pay requests, preparation of change orders, final walk-through inspections,
and project close out documentation.
Basis of Payment/Budget
We propose to be reimbursed for our services on an hourly basis for the actual time expended.
Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and
mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted
monthly for work performed during the previous month. Payment is due within 30 days.
Based on our understanding of the project, we estimate the following scope of work to be completed
for finalizing plans and specifications, rebidding, and completing in-construction services, which
includes both time and expenses.
6.9
Mr. John Elholm February 2, 2023
City of Crystal Page 2
Crystal Community Center Parking Lot and Grogan Park Trail Improvements
Prepare Separated Construction Drawing Plan Set, Bid Form, and Specifications $ 3,800
Complete Additional Site/Utility Survey for Grogan Park (completed March 2022) $ 1,200
Complete 2023 Bidding, Project Management, and In-Construction Services $13,750
Testing Services (AET) $ 5,825
Expenses $ 150
Total $24,725
Changes in the Scope of Services
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly.
Before any out-of-scope work is initiated, however, we will submit a budget request for the new
work and will not begin work until we receive authorization from you.
Standard Terms and Conditions
The attached Standard Terms and Conditions (Attachment A) with this proposal for professional
services, constitute the entire agreement between the Client and SRF Consulting Group, Inc. and
supersede all prior written or oral understandings. This agreement may only be amended,
supplemented, modified, or canceled by a duly executed written instrument.
Acceptance/Notice to Proceed
A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this
proposal and our notice to proceed. The email address is kgrieshaber@srfconsulting.com.
We sincerely appreciate your consideration of this amendment request and look forward to working
with the City on implementing new park improvements at Grogan Park. Please let me know if you
have questions about any of the scope of work included in this amendment request.
Sincerely,
SRF CONSULTING GROUP, INC.
Ken Grieshaber, PLA, ASLA
Project Director
Attachment A: Standard Terms and Conditions
Attachment B: AET Testing Services Proposal
6.9
Mr. John Elholm February 2, 2023
City of Crystal Page 3
Approved (City of Crystal)
(signature)
Name
Title
Date
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal.
6.9
6.9
6.9
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: February 2, 2023
TO: Mayor and City Council
Adam R. Bell, City Manager
FROM: John Elholm, Recreation Director
Jason Minnick, Facilities Manager
SUBJECT: Crystal Cove Aquatic Center
The Crystal Cove Aquatic Center was built in 1968 with most of the pool structure(s) and all of
the mechanical systems being replaced in 2005. The deep end of the pool is the only
remaining part of the original structure. The pool has been losing water in recent years, so
several steps have been taken over the past year to determine the future of the facility.
•A study was conducted early in 2021 to review the pool’s condition. This study
reported that the original pool structure was at the end of its useful life, but the facilities
built in 2005 were in good condition
•01/19/1022 - A joint city council / park and recreation commission work session was
held to discuss the future of the aquatic center. Discussion led to gathering additional
information; to include conducting a citywide phone survey on the issue.
•02/02/2022 – A park and recreation commission meeting was held, where members
studied the issues raised during the joint work session. The result was the passing of
a motion recommending “the city move forward with the proposed Phase 2
improvements at the Crystal Cove Aquatic Center”.
•06/07/2022 – A city council work session was held where results of a phone survey
conducted by the Morris Leatherman Company were presented. The survey showed
that 89% of residents consider it important for children to learn to swim early, and 85%
of residents support replacing the old pool structure.
•07/14/2022 - A joint park and recreation commission / city council work session was
held to determine what the next steps should be; move forward with planning for pool
improvements or solicit additional public input to specifically address the aquatic center
and other potential uses.
6.10
•08/05/2022 - WSB Consulting group was hired to lead a public engagement process,
to solicit additional public input. The public engagement work took place from late-
August through mid-December, 2022.
•01/12/2022 - A joint city council / park and recreation commission work session was
held to review the results of the public engagement process. The engagement
included 6 pop-up events, 3 focus groups, 1 open house and solicited 365 survey
responses. Nearly 95% of respondents would like to see the City invest funds into the
pool so that it remains an available resource and feature for the community.
A proposal has been received from WSB in the amount of $24,000 to continue planning for
the Crystal Cove Aquatic Center. The proposal will build on the public engagement received
to date, and will provide a first level of concept planning for potential improvements at the pool
and surrounding area.
Staff recommends approval of the attached resolution entering into an agreement with WSB
in the amount of $24,000 for these concept planning services.
6.10
CITY OF CRYSTAL
RESOLUTION 2023 -
RESOLUTION IN SUPPORT OF CONCEPT PLANNING
FOR THE CRYSTAL COVE AQUATIC CENTER AND SURROUNDING AREA
WHEREAS, the City of Crystal owns and operates Grogan Park and the Crystal Cove Aquatic Center,
and
WHEREAS, the aquatic center has developed a leak over the past several years, and
WHEREAS, discussions, surveys and public engagement have taken place in regard to the future of the
aquatic center over the past year, and
WHEREAS, WSB has provided a quote in the amount of $24,000 to provide additional professional
services for conceptual design of improvements at the aquatic center and surrounding area, now
THEREFORE, BE IT RESOLVED:
A. That the Crystal City Council wishes to enter into agreements with WSB, in the amount of
$24,000, to provide concept development for improvements at the Crystal Cove Aquatic Center.
B. That the Crystal City Council hereby authorizes the city manager to sign the agreement with
WSB for these services.
Adopted by the Crystal City Council this 7th day of February, 2023.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
6.10
G:\.Clients All\Crystal\Proposals\ 2022 Grogan Park Public Engagement 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM February 1, 2023
Mr. John Elholm
Recreation Director
City of Crystal
4800 Douglas Drive North
Crystal, MN 55422-1691
Re: Grogan Park – Crystal Cove Aquatic Center Conceptual Planning
Dear Mr. Elholm:
WSB is pleased to present this proposal for professional services related to conceptual planning
for Grogan Park and Crystal Cove Aquatic Center Facility. Per our conversation, we provided a
separate effort on concept planning the north portion of the park as it relates to potential
enhancements of the north park and/or pool area. Additional options and efforts are provided
with associated fees to provide a clear approach to the project and costs for tasks that may
become necessary as the process evolves. The following is an outline of tasks and services as
well as optional tasks.
SCOPE OF SERVICES
➢ For Conceptual Planning, WSB would start with a review of the public engagement process.
Based on public and staff feedback, our team will incorporate feedback into our concept
planning. The process outline would be as follows:
1. Site Inventory / Analysis
a. Obtain base maps from City
b. Identify opportunities and challenges to the site
2. Develop “Bubble Diagrams” and associated costs for:
a. Renovation of existing aquatic facility
3. HCM tasks related to buildings are anticipated to include the following:
a. Visual analysis of existing building as related to codes, ADA, etc.
b. Provide diagrams for options related to general spatial needs on an air photo/city
provided as-builts base mapping and recommendations related to building needs
and probable costs for improvements for the options. Ex. enhancements to the
entry area and staff welcome counter, what programmatic spatial needs would be
required? and what would be the probable costs to implement the
improvements?
c. Serve as a resource to answer building related questions that may arise.
4. Stantec tasks related to outdoor aquatic facility are anticipated to include the following:
a. Answer general questions
b. Prepare short memo of potential impacts – such as to mechanical systems
(building number of plumbing fixtures, etc.) for others on the design team to
estimate costs/improvements/etc. that may be necessary as a result.
5. Staff Meeting to review diagrams and costs
6. Make necessary changes and edits to diagrams and costs
7. Final summary report including graphics and costs
6.10
Grogan Park
February 1, 2023
Page 2
G:\.Clients All\Crystal\Proposals\ 2022 Grogan Park Public Engagement
➢ Optional Tasks:
a. Presentation at City Council, Park Board, etc. (WSB)
b. Working sketches of general pool layout options (Stantec)
c. Expansion / Renovation options of existing aquatic facility (HCM)
d. High level study of aquatic facility entrance (HCM)
e. Performa for operations and maintenance generation
ESTIMATED FEES
The following table describes the fees for the scope of services described above. Services will be
billed on an hourly basis with a not-to-exceed limit.
Description Fee
Conceptual Planning $24,000.00
Total not-to-exceed fee $24,000.00
Add Services Fee
Presentation at City Council, Park Board, etc. (WSB) $1,500
Working sketches of general pool layout options (Stantec) $15,000
Expansion / Renovation options of existing aquatic facility (HCM) $2,000
High level study of aquatic facility entrance (HCM) $2,000
The proposed scope and fee presented herein represents our complete understanding of the
project based on available information. If you have any questions or need additional information,
please feel free to contact Bob Slipka at (612) 201-5949. This letter represents our entire
understanding of the project scope. If the City of Crystal is in agreement, the necessary contract
documents can be provided and signed. WSB will start work upon receipt of a signed contract.
Once again, we appreciate the opportunity to submit this proposal and continued with you and
your staff.
Sincerely,
WSB
Jason Amberg, PLA, ASLA
Principal / Director of Landscape Architecture
Robert Slipka, PLA
Project Manager / Sr. Landscape Architect
6.10
Memorandum
DATE: Feb. 7, 2023
TO: Mayor and City Council
FROM: Adam R. Bell, City Manager
SUBJECT: Council Member Section I vacancy and recruitment process
____________________________________________________________________
At its Feb. 7 meeting, the Council is being asked to accept Council Member LaRoche’s
resignation and declare the Section I council position vacancy. The Council will also need to
discuss and approve the process for appointing an interim council member for the remainder of
Council Member LaRoche’s term.
Council Member LaRoche is moving, and as a result, will no longer be eligible to serve on the
Council. According to Section 2.07 of the City Charter, the Council needs to declare a vacancy
and subsequently appoint an eligible person to fill the position until the next regular election.
Council Member LaRoche’s term on the Council expires on December 31, 2024, and because
there are less than two years remaining of her term, a special election is not required. The next
regular term for this seat will be on the 2024 ballot as normal.
Councilmember LaRoche’s last day as an eligible resident is February 25, 2023; therefore, under
state law, the vacancy will occur at 12:01 a.m. on the 25th. Until the vacancy is effective,
Councilmember LaRoche is able to fully participate in her Council duties until that time.
The Charter requirements do not specify a timeline for the appointment and filling of the
vacancy. The Council can decide how long it wants to solicit and receive applications, conduct
interviews, or make an appointment. This should be done as soon as reasonably possible;
however, for such an important matter, the Council should make sure that the process is
deliberate and thoughtful and that a sufficient amount of time is taken to receive and consider
qualified candidates for the appointment.
Based on these considerations, a proposed draft timeline and process overview to recruit
applicants and make the appointment is shown below. This is the shortest and quickest
timeframe that staff believes the appointment process can reasonably occur. The Council
should discuss if this schedule and process are acceptable or if more time is needed or desired
for any of the tasks.
In addition, a draft candidate application packet is enclosed. If the Council would like any
changes to the application materials, they should propose those changes at the February 7th
Council meeting.
6.11
*Proposed timeline with the shortest reasonable amount of time (16-day application window)
Date Event or Task
1/31/23 Resignation notice made public and sent to SunPost, CCX and on the city website
2/07/23 Regular Council meeting includes formal announcement, acceptance of resignation
and declaration of vacancy, and process approval
2/07/23 Work Session before/after regular Council meeting to discuss the process and
timeline for filling the vacancy
2/08/23 Vacancy information sent to SunPost, CCX and on the city website
2/08—2/24/23 City receives applications
2/09/23 Notice of resignation published in SunPost
2/16/23 Notice of vacancy published in SunPost
2/21/23 Regular Council meeting
2/24/23 Deadline for applicant applications
2/27/23 Staff verifies the eligibility of applicants
2/27—3/03/23 Council reviews candidate applications
3/07/23 Council interviews candidates during a work session
(Council can also schedule a special meeting between 3/09 and 3/21)
3/21/23 Council acts to appoint interim Councilmember
3/21/23 Councilmember is issued a certificate of election, sworn in, and able to serve
immediately
*Alternative timeline to allow more time for the recruitment process (28-day application window)
Date Event or Task
1/31/23 Resignation notice made public and sent to SunPost, CCX and on the city website
2/07/23 Regular Council meeting includes formal announcement, acceptance of resignation
and declaration of vacancy, and process approval
2/07/23 Work Session before/after regular Council meeting to discuss the process and
timeline for filling the vacancy
2/08/23 Vacancy information sent to SunPost, CCX and on the city website
2/08—3/08/23 City receives applications
2/09/23 Notice of resignation published in SunPost
2/16/23 Notice of vacancy published in SunPost
2/21/23 Regular Council meeting
3/08/23 Deadline for applicant applications
3/09/23 Staff verifies the eligibility of applicants
3/10—3/21/23 Council reviews candidate applications
3/21/23 Council interviews candidates during a work session
(Council can also schedule a special meeting between 3/16/23 and 4/06/23.
4/04/23 Council acts to appoint interim Councilmember
4/04/23 Councilmember is issued a certificate of election, sworn in, and able to serve
immediately
6.11
CR205-30-854140.v1
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2023- _______
A RESOLUTION ACCEPTING A RESIGNATION
AND DECLARING A VACANCY IN OFFICE
WHEREAS, Council Member Nancy LaRoche submitted a written notice of resignation
of her position representing Section 1, Wards 1 & 2 on the Crystal City Council effective
February 25, 2023; and
WHEREAS, Minnesota Statutes, section 351.01 indicates the City Council is to act by
resolution to accept a resignation; and
WHEREAS, Crystal City Charter, Section 2.07 indicates the City Council must act by
resolution to declare a vacancy to exist in the position and to forthwith appoint an eligible person
to fill the office in accordance with Minnesota Statutes, section 412.02, subdivision 2a; and
WHEREAS, the referenced statute indicates when less than two years remains in the
unexpired term, which is the case here, the person the City Council appoints to fill the vacancy
serves until the next general election.
NOW, THEREFORE, BE IT RESOLVED, by the City Council as follows:
1. The City Council accepts the resignation of Council Member Nancy LaRoche and declares a
vacancy in the office effective as of 12:01 a.m. on February 25, 2023.
2. The City Council will undertake an application process to select an eligible person to appoint
to fill the vacancy on the City Council in accordance with the City Charter.
3. The City Council would like to thank Council Member Nancy LaRoche for her years of
dedicated service to the City of Crystal.
Adopted by the City Council this 7th day of February 2023.
____________________________
Jim Adams, Mayor
ATTEST:____________________________
Chrissy Serres, City Clerk
6.11
Crystal City Council
Section I Vacancy
Application Packet
6.11
6.11
HOW TO APPLY FOR THE OFFICE VACANCY
1. Residents must reside in Section I of the City and complete the City Council Vacancy Application to
be considered as an applicant to serve on the City Council until the next municipal election on
November 5, 2024.
2. Information within the application will be verified to determine eligibility. All eligible applicants’
names and addresses will be forwarded to the City Council, posted on the City Web site, and made
available to the general public, upon request.
3. The City Council Vacancy Application must be returned to City Hall at 4141 Douglas Drive North
by or before 4:00 p.m. _[DATE]____________. Late applications will not be accepted. This
vacancy process is not a substitute for filing for office.
4. The City Council will conduct interviews with qualified applicants on ________________, 2023 by
appointment only.
GENERAL INFORMATION
The Crystal City Council is comprised of a mayor and six council members. Crystal municipal government
is divided into four wards and two sections. Council members must reside in the ward or section of the city
in which they are running for office. All candidates running for an elective office must be at least 21 years of
age upon assuming office. Municipal offices are non-partisan.
Regular City Council meetings are held on the first and third Tuesday of each month at 7:00 p.m. in the
Council Chambers unless otherwise specified by the Council. Council members also meet as the Economic
Development Authority (EDA) before the first regular City Council meeting each month. The Council meets
in work sessions on regular meeting nights before and after meetings to review and discuss a variety of
issues. The Council also conducts a work session at 6:30 p.m. on the second Thursday of each month, as
needed. Additional meetings and work sessions may be scheduled, as needed. The Council does not receive
additional compensation for additional meetings.
The primary objective of the mayor or council member is to identify and discuss issues impacting Crystal,
receive and consider public input, and make appropriate decisions and policies in a manner that encourages
full and open discussion. The major areas of responsibility for a council member are:
Regularly and thoroughly prepares for each Council Meeting, EDA Meeting, and Work Session
Responds to constituent requests for information or assistance with problem resolution; including
daily checking his/her city voicemail box for messages
Participates in committees or task forces to provide information for the City Council’s consideration
Discusses issues impacting the city with State Legislators, Met Council Representatives, and other
local governments
Establishes policies to guide the city
Annually evaluates the performance of the City Manager
Establishes and modifies goals and objectives for the city
Reviews and approves an annual budget and tax levy
Reviews and approves a capital improvements program for the city
Attends additional meetings and functions as a liaison to a city commission or other agencies serving
the city
6.11
CRYSTAL CITY CHARTER
The Crystal City Charter was originally adopted in 1960 and has been studied and amended over the years.
Please read the City’s Charter to learn more about the structure of the Crystal government and its officers,
nominations, and elections. Excerpts from the City Charter are continued on the next pages:
CITY CHARTER - Chapter 2
FORM OF GOVERNMENT
Section 2.01. Council-Manager Plan. The form of government established by the City Charter is the
Council-Manager Plan. The council exercises the legislative power of the city and determines matters of
policy. The city manager is responsible to the council for the proper administration of city affairs.
Section 2.02. Boards and Commissions. There are no separate administrative boards or commissions
except those established for the administration of a municipal function jointly with another political
subdivision. The council performs the duties and exercises the powers of administrative boards or
commissions. The council may by ordinance establish boards or commissions to advise the council with
respect to any municipal function or activity, to investigate any subject of interest to the city, or to perform
quasi-judicial functions. (Crystal advisory commissions/boards include: Planning, Parks & Recreation,
Environmental, Employee, Charter, Inclusion and Diversity, and Joint Fire.)
Section 2.03. Council Members: Qualifications and Terms. The council is composed of a mayor and
six (6) council members who must be eligible voters of the city and must further qualify for office as
provided in the City Charter.
The mayor and council members may hold another compatible public office.
The mayor and council members must be residents of the city. The resident council members must
satisfy the residence requirements.
The mayor is elected at large. A ward resident council member is elected by the eligible voters of the
ward in which the council member resides. A section resident council member is elected by the eligible
voters of the section in which the council member resides.
The mayor and council members are elected on the date, in the years and for the terms specified by
ordinance adopted by the council in accordance with law.
Section 2.06. Incompatible City Offices. A member of the council may not be appointed city
manager. A member of the council may not be a city officer or be employed by the city for pay. A member
of the council may not, for a period of one year after expiration of the member’s term of office, be a city
officer or be employed by the city for pay.
Section 2.07. Council Vacancies. A vacancy in the office of mayor or council member exists for the
following reasons:
(a) failure of a person elected thereto to qualify on or before the date of the second regular meeting of
the council in the year subsequent to the election
(b) death of the member
(c) resignation of the member
(d) the member ceasing to be a resident of the city or of the ward or section from which elected
(e) continuous absence from the city for more than three months
(f) conviction of the member of a felony either before or after qualification for the office
(g) failure of the member without good cause to perform the duties of office for a period of three months
(h) removal of the person from office
(i) any reason specified by law.
6.11
When a vacancy occurs, the council must by resolution declare the vacancy to exist and forthwith appoint an
eligible person to fill the office. The office shall then be filled by election in accordance with Minnesota
Statutes, Section 412.02, subdivision 2a, as amended.
Section 2.08. The Mayor. The mayor is the presiding officer of the council. The council must choose
from its members a mayor pro tem who holds office at the pleasure of the council and serve as mayor in the
mayor’s disability or absence from the city or when a vacancy in the office of mayor exists. The mayor:
(a) exercises all powers and performs all duties conferred upon the mayor by this charter, the ordinances
of the city, and laws of the state;
(b) is the official head of the city for ceremonial purposes, for purposes of the service of civil process,
and for responding to emergencies; and
(c) may study the operation of the city government and must report to the council any neglect,
dereliction of duty, or waste on the part of any officer or department of the city. Nothing in this
section modifies the provisions of section 2.11.
Section 2.09. Salaries. The annual salaries of the mayor and council members are fixed by ordinance in
the manner provided by law.
Calendar year mayor salary council member salary
2023 $11,864.19 $9,126.98
Section 2.10. Investigation of City Affairs. The council and the city manager, or either of them, and
any officers formally authorized by them, may make investigations into the city’s affairs, subpoena
witnesses, administer oaths, and compel the production of books and papers. The council may provide for an
examination or audit of the accounts of any officer to department of the city government. The council may
conduct surveys or research studies of subjects of municipal concern.
Section 2.11. Interference with Administration. The council and the city manager, or either of them,
and any officer or officers formally authorized by them, or either of them, may make investigations into the
city's affairs, subpoena witnesses, administer oaths, and compel the production of books and papers. The
council may provide for an examination or audit of the accounts of any officer or department of the city
government. The council may conduct surveys or research studies of subjects of municipal concern.
6.11
COUNCIL DESCRIPTION
POSITION TITLE: City Council Member
RESPONSIBLE TO: Citizens of Crystal
PRIMARY OBJECTIVE OF POSITION
To identify and discuss issues impacting the City of Crystal, receive and consider public input, and make
appropriate decisions and policies in a manner that encourages full and open discussion.
MAJOR AREAS OF RESPONSIBILITY
I. Regularly attends and thoroughly prepares for each Council & EDA Meeting and work sessions
• Thoroughly reads and reviews agenda materials supplied
• Becomes familiar with the City Comprehensive Plan, City Charter, and other city documents and
understands how these documents impact City policy
• Conducts site visits as appropriate
• Solicits and receives input from affected parties and the general public
• Disqualifies self from participation where actual or potential conflict of interest occurs
• Participates in discussion of issues keeping a city-wide perspective and respect of other
councilmember's view of the impact of a proposal
• Assumes responsibility and directs requests to the City Manager for necessary and appropriate
research
II. Responds to constituent requests for information or assistance with problem resolution; daily checks
his/her city voicemail box for messages
III. Serves as Council liaison to a city commission or participates in a committee or task force serving
Crystal
• Responsible for keeping the Council informed of commission, committee or task force activities
and provides relevant information for Council consideration
• Assumes a constructive and active role by attending additional meetings and work sessions
IV. Discusses pertinent legislative issues impacting the City with appropriate representatives
V. Annually evaluates the performance of the City Manager
VI. Establishes and modifies goals, objectives, and policies for the City
VII. Reviews and approves an annual budget & tax levy and capital improvements programs
6.11
Name: Home Phone:
Home Address:
Work Phone: Mobile Phone:
Email:
Are you an registered voter in the state of Minnesota? Yes No
What is your occupation?
How will your professional work experience help you as a council member?
Name and location of college, university, technical, professional, business, or trade school you have
attended:
Field of study: Degree or Certificate:
Describe your community involvement in Crystal:
Being part of the city council involves many time commitments including two regular meetings each month
(first and third Tuesdays at 7 p.m.), EDA Meetings (first Tuesday before Council meeting), work sessions
before and after council meetings, and one work session each month (second Thursday at 6:30 p.m.).
Council members serve as a liaison to an advisory commission and these commissions meet one evening
each month.
Does your schedule allow you to attend these meetings? Yes No
CITY COUNCIL VACANCY
APPOINTMENT APPLICATION
Application deadline: 4:00 p.m. __________, 2023
Please type or print answers to each question.
6.11
Please describe any business holdings or financial interest you or any member of your family may have with
any business, developer or property owner that could create a conflict of interest for you in your role as a
council member.
What do you think are the three major issues facing Crystal?
1. __________________________________________________________________________________
2. __________________________________________________________________________________
3. __________________________________________________________________________________
If you could change one thing about Crystal, what would it be?
Name one thing about Crystal you do NOT want changed and why?
Why should the City Council appoint you to the vacant position?
6.11
“I affirm that the information within this application is true and correct. I am applying for the office of
Section I Council Member and am eligible to vote in Minnesota, I am, or will be on assuming office, 21 years
of age or more, have maintained residence in Section I at the time of application, and meet any other
qualifications for the office prescribed by law. Further, I have not been convicted of an offense for which
registration is required under MN Statutes, section 243.166.”
Applicant’s Signature Date
Please note: If you are appointed to the City Council, your home address, home phone number, and email
will be made available to the general public. Upon verification of eligibility, the information within this
application is public and may be made available to the general public for inspection, upon request.
RETURN APPLICATION TO: Crystal City Hall
Attention: City Clerk
4141 Douglas Drive
Crystal, MN 55422
Fax: 763-531-1188
Chrissy.Serres@crystalmn.gov
For office use only
Applicant resides in Section I? Yes No
Registered voter? Yes No SVRS Voter ID: ____________
Applicant is: Eligible Not eligible
[Date] time of interview: _________
Date received: ___________ Initials: _______ application sent to city clerk
6.11