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05-13-2024 Council Conference Meeting May 13, 2024 5:30 PM Fridley City Hall, 7071 University Avenue N.E. Agenda 1.Changes to Video Production Services and Discussion with North Metro TV 2.Public Works Department Updates 3.Commons Park Recreation Building Vision and Budget Accessibility Notice: If you need free interpretation or translation assistance, please contact City staff. Si necesita ayuda de interpretación o traducción gratis, comuníquese con el personal de la ciudad. Yog tias koj xav tau kev pab txhais lus los sis txhais ntaub ntawv dawb, ces thov tiv tauj rau Lub Nroog cov neeg ua hauj lwm. Haddii aad u baahan tahay tarjumaad bilaash ah ama kaalmo tarjumaad, fadlan la xiriir shaqaalaha Magaalada. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of Fridley services, programs or activities. Hearing impaired persons who need an interpreter or other persons who require auxiliary aids should contact CityClerk@FridleyMN.govor (763) 572-3450. 1 Jufn!2/ AGENDA REPORT Meeting Date:May 13, 2024 Meeting Type:City CouncilConferenceMeeting Submitted By:Melissa Moore, City Clerk/Communications Manager Title Changes to Video Production Services and Discussion with North Metro TV Background This July the CityCable Administrator, Brian Strand, will be retiring after 34 years of service. In preparation for this staffing change the Communications and Engagement Division (Division) distributed theattachedRequest for Proposals: Public Meeting Video Recording and Related Services (RFP)in November of lastyear. The RFP detailed the scope of services the City was looking to fill, including public meeting recording, ad hoc video projects, equipment maintenance and general consulting. The City received three responses to the RFP, including one from North Metro TV (NMTV). The Division analyzed all three responsesandrecommendsthe City engage with NMTV.NMTV is the public access television production studio that serves other north metro area cities (Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino Lakes and Spring Lake Park). They employ video production professionals who are well-versed in local government operations-Executive Director, Eric Houston,will be in attendance this evening to meet the Council and answer any questions. Attachments and Other Resources Request for Proposals: Public Meeting Video Recording and Related Services Draft Service Agreement Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 2 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services 3 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services Request for Proposal (RFP) Notice Notice is hereby given that the City of Fridley(City) will accept proposals for video production services. Proposalsmustbe submittedto the City as follows: City of Fridley Communications and Engagement Division 7071 University Avenue NE Communications@FridleyMN.gov Proposals must be submitted no later than 4:30pm on January 12, 2024. The award of a contract will be made by the Communications and Engagement Division and City Manager on or afterApril 8, 2024. The City reserves the right to reject any or all proposals, waive nonmaterial irregularities or deviations from RFP instructions, negotiate terms and conditions, and to select the Respondentwith the proposal that represents the best approach to meet City needs. Prior to the submission of proposals to the City, the Cityreserves the rightto request additional information or clarifications from Respondents, andto allow corrections of errors or omissions. Inquiries or clarifications about the RFP should be directed in writing via email to the City contact listed above. This notice is posted in the City’s Official Publication and on FridleyMN.gov. 4 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services Purpose The City of Fridley (City)is seeking proposals for providing all services and equipment maintenance for producing high-definition audio and video broadcast and recordingsof public meetings or events usingintegrativetechnology in the City’s Council Chambers and A/V control room. This Request for Proposals (RFP)and selection of a vendorwill be done in compliance with Minnesota Statute §471.345 (Uniform Municipal Contracting Law). ProposalRequirements Respondentsmust complete and submit all required forms by January 12, 2024.Proposals submitted after the due date will not be considered. Failure to include any required element outlined in this RFP may be grounds for dismissal of a proposal. In responding to this RFP,all Respondentsare notified that proposals, pricing, agreements, and any documents or correspondence submittedby the Respondentsto the City may be subject to release pursuant to the Data Practices Act, Minnesota Statute Chapter 13.Only the names of Respondents submitting proposals will be made public until the proposal deadline. All other data in the proposal is private or nonpublic data until the completion of the evaluation process. “Completion of the evaluation process” means that the City has completed negotiating the contract with the selected Respondent. At that time, all proposals will be made public with the exception of trade secret data. If the City rejects the proposals prior to the completion of the evaluation process, all data, other than the names of the Respondents remain private or nonpublic until a re-solicitation of the RFP results in the completion of the evaluation process or a determination is made by the City to abandon the RFP. If the rejection occurs after the completion of the evaluation process, the data remainspublic. If a re- solicitation of proposals does not occur within one year of the proposal opening date, the remaining data becomespublic. Rights of the City of Fridley The City reserves the right to amend or revise any element of this RFPat any time, including, but not limited to, adding, deleting, or modifying RFP, including additional specifications, modifying the proposed agreement or terms and conditions, or withdrawing this RFP entirely. The City further reserves the right to choose not to award any Respondents an agreement and contract, enter negotiations and subsequently contract with more than one Respondent, and select a Respondent based on their qualifications and not necessarily their price. The City may modify the terms of any proposed agreement or contract prior to its execution. The City may extend or modify the required RFP schedule (within reason) at its sole discretion. 5 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services How to submit a proposal Completeproposalsmust be submitted to the City’s Communications and Engagement Division(7071 University Avenue NE,Fridley, MN55432).Incomplete proposals will be subject to denial. Timeline November 1, 2023 - RFP distributed December 29, 2023 - Questions in writing due January 12, 2024 - Proposal due date March2024 - Respondent interviews April 8, 2024 - Proposal acceptance/contract approval date May1, 2024 - Agreement commencement date Questions To ensure a fair and objective evaluation of all proposals, all inquiries regarding the RFP must be submitted in writing at Communications@FridleyMN.gov. Inquiries must be received no later than December 29, 2023. Questions will be documented,and the City will issue an addendum with their responses. Such addendum will be emailed to all known RFP recipients and posted to the City’s website. It is the responsibility of each Respondent to check the City’s website for verification of any issued addenda. Submission Requirements All proposalsmust contain the following: Cover letter including: 1.Name of Respondent, Respondent’s address, and name and contact information (phone number and email address) of the person(s) authorized to represent the Respondent regarding all matters related to the proposal. 2.Short biographies introducing Respondent’s key staff members including their names and contact information, resources available to assist in performing their duties, education, experience, current project and any special qualifications, licenses, or certificates they may hold. 3.Information about the Respondent, its qualifications, capabilities, staffing, areas of service, years in business and its capacity to perform the work detailed in this RFP. 4.The cover letter must be signed by an individual who has the authority to legally bind the Respondent. Detailed breakdown of Cost for Services. A minimum of three references specific to similar projects. 6 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services Signed Acknowledgements. Proof of insurance showing that Respondent maintains general commercial liability insurance with policy limits of at least $1.5 million. All insurance policies must be issued by companies authorized to do business under the laws of the State of Minnesota. Any additional information that Respondent feels may be pertinent. Sample Contract Terms and Conditions Included with this RFP is a Contract Terms and Conditions. Upon selection of a Respondent, the City and Respondent will negotiate specific services and conditions that will be integrated into the attached Contract Terms and Conditions. Proposal Withdrawal The City may consider a request by a proposer to withdraw a proposal if a written request to withdraw is received by the City prior to the due date for the proposals. Any proposal withdrawn cannot be resubmitted. No Respondent may withdraw its proposal fora period of 90 days after the proposal submission deadline. Proposal Evaluations and Selection Process The City intends to retain the services of the Respondent evaluated to be the best qualified to perform work for the City. Proposals that comply with the instructions set forth in this RFP will be evaluated by the City. At its discretion, the City may waiveirregularities or deviations from the RFP instructions. The evaluation process may reveal additional information that may also be consideredby the City. All proposals received willbe evaluated based on the quality of the proposal and on the best value for the City.In determining best value, the City may consider: Team qualifications and experience; Responsiveness and proposed approach to work scope and the City’s needs; Demonstrated experience and technical competence in similarsituations; Capacity and capability of the Respondent and its team to perform the work in question, including specialized services; Available resources and Respondent’s physical location; Qualifications of key personnel assigned; Respondent’s performance record as relayed by references; Past record of performance of the Respondentwith respect to working relationships,control of costs, quality of work, and ability to meet schedules; Past working relationship with City, if any; Completeness of submittal; and Any relevant criteria specifically listed in this RFP. 7 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services Review of submitted proposals will be evaluated based on the criteria listed above and any additional criteria that the City may deem necessary. City staff will undertake preliminary review of all proposals submitted for compliance with the submission requirements and select Respondents for interviews. Follow-up with any Respondents submitting proposals may occur to gather additional information onwhich to make a decision. After evaluations and Respondent interview, the City will rank the responses and select a Respondent. The final contract award will be conditioned on the successful Respondent complying with all terms and conditions, mutual agreement on the final work plan, and completion of an agreement agreeable to all parties. If selected, the Respondent will be required to execute a contract with the City within seven calendar days of notification. The City reserves the right to negotiate with a Respondent. This RFP does not create any legal obligation of the City to evaluate any proposal that is submitted or to enter into a contract with a Respondent who submits a proposal except on the terms and conditions that the City deems, in its sole and absolute discretion, to be satisfactory and desirable. Scope of Services This RFP is seeking a Respondent who can provide all services and equipment maintenance for producing high-definition audio and video broadcast and recordings of public meetings or events using integrative technology in the City’s Council Chambers and A/V control room. The Respondent’s equipment must interface with the City’s existing equipment and set up. Respondents may not employ any subcontractor to fulfill any of the duties outlined in this RFP. Public Meetings The pre-scheduled public meetings of the City Council and advisory commissions typically run one to two hours in length. Occasionally, they may run longer. Set up and take down time are in addition to the actual meeting run times. These meetings always occur at Fridley City Hall. The City requires live and on-demand streaming of the following pre-scheduled public meetings: 24 City Council meetings Up to 12 Planning Commission meetings Up to 12 Parks and Recreation Commission meetings Up to 12 Housing and Redevelopment Authority meetings 8 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services Work related to public meeting coverage includes: Prepping meeting room and required technology; Prepare graphics consisting of staff names, agenda items, meeting names and dates; Monitoring equipment during the meeting; Troubleshooting and problem solving; Streaming meetings live on the City’s cable channel; Production of audio/video product after the meeting; Posting videoto the City’s serversand repositories for retention; and Managing closed captioningof videos. The City will require the Respondent to assign a primary point of contact for all public meeting coverage. In the event the primary point of contact is not able to cover a meeting, the Respondent must have a contingency plan to ensure recordings and production of public meetings are always covered. Ad Hoc Work In addition to public meetings, the City is seeking a Respondent that can provide production of recordings for ad hoc programs and events. Types of events include: Community events (concerts, parades); and Collecting video footage taken from an aerial drone device. Equipment Maintenance and General Consulting The Communications and Engagement Division manages the City’s video production equipment. This RFP seeks to find a Respondent who can consultwith the City on equipment replacement, installation, and integration of equipment with existing City facilities and infrastructure.A list of existing equipment may be found in the Appendix to this RFP (Specifications). Respondents must be able to come into Fridley City Hall on occasion to work with and maintain the City’s video production equipment. Site visits to City Hall are highly encouraged for Respondents to view the City’s existing facility and infrastructure. Visits may be scheduled, in writing, to the Communications and Engagement Division by emailing Communications@FridleyMN.gov. 9 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services Cost for Services Prices must be inclusive of all costs or billable rates related to video production services (staff, training, travel, material expenses, vehicles, mileage, set up, tear down, equipment use, etc.). Proposals should also address any proposed cancellation fees if a public meeting or ad hoc event iscancelled. Respondents must attach pricing information to their proposal for all items set forth in the Scope of Services section of this RFP. Fees mustbe invoiced monthly based on the actual costs incurred to dateand indicate the services provided, time of event, and location. References Proposalsmust be accompanied by three references for similar project work. The list of references is to include organization name, point of contact name, email and phone number. 10 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services Acknowledgements Specifications The Scope of Services section of this RFP outlines work equipment specifications and consulting services the City requires in a Respondent. A summarized list of existing equipment used by the City’s Communications and Engagement Division is as follows: Castus Server and On Demand Cloud Portal Ross Carbonite Black Solo and XPression Live CG Software Sony remote cameras and camera controller Crestron Control System Biamp Canvas audio software AJA Helo recorder. Probationary Period The City willrequire a probationary period to determine if the Respondentcan perform in accordance with the requirements of the agreement.The probationaryperiod will be 90 days from the commencement of theAgreement. A performance evaluation will be conducted prior to the end of a probationary period whichwill be the basis for the decision of the City to continue with the Respondentor select another. Costs Incurred The City will not be liable for any costs incurred by Respondentsin responding to this RFP, preparing, or completing the proposal package. Subcontractors Respondent may not employ any subcontractor to fulfill any of the duties specified in this RFP or resulting agreement. Non-Exclusive Arrangement Respondent understands and agrees that the agreement to be entered into between the Respondent and the City may not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from other vendors at its sole discretion. 11 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services Acknowledgement I have readand completely understand the requirements of this Request for Proposals. Respondent Authorized Agent: ____________________________________ Date: ____________________________________ 12 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services CONTRACT TERMS AND CONDITIONS The contents of this Request for Proposals will become contractual obligations if a contract ensues. Failure of the selected proposer to accept any of the following contractual obligations and any other obligations set forth in this Request for Proposals may result in the City not entering into a contract with the proposer and selecting an alternative proposer. A.Independent Contractor. All services provided pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose. Any and all officers, employees, subcontractors, and agents of Contractor, or any other person engaged by Contractor in the performance of the services pursuant to this Agreement, shall not be considered employees of the City. Any and all actions which arise as a consequence of any act or omission on the part of Contractor, its employees, subcontractors, or agents, or other persons engaged by Contractor in the performance of services pursuant to this Agreement, shall not be the obligation or responsibility of the City. Contractor, its employees, subcontractors, or agents shall not be entitled to any of the rights, privileges, or benefits of the City’s employees, except as otherwise stated in this Agreement. B.Indemnification. Contractor, andsubcontractorsof Contractor, shall indemnify, defend, and hold harmless the City and its officials, employees, contractors and agents from claims, losses, liabilities, and expenses (including reasonable attorneys’ fees and expenses of litigation) caused by anynegligent act or omission by Contractor, engaged by Contractor in the performance of the services pursuant to this Agreement. Likewise, the City agrees that it will indemnify, defend, and hold harmless the Contractor, and its employees, subcontractors, and agents of Contractor against any and all claims, losses, liabilities, and expenses (including reasonable attorneys’ fees and expenses of litigation), which the Contractor may hereafter sustain, incur, or be required to pay arising out of the actions of the City pursuant to this Agreement. C.Insurance. Contractor agrees to maintain, at its expense, statutory workers’ compensation insurance coverage. Contractor also agrees to maintain, at its expense, general liability insurance coverage insuring Contractor against claims for bodily injury, death, or property damage arising out of Contractor’s general business activities (including automobile use). The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $1,500,000. Upon request of the City, Contractor shall provide the City with certificates of insurance, showing evidence of the required coverage and listing the City as an additional insured. D.Entire Agreement. This Agreement shall constitute the entire agreement between the City and Contractor and supersedes any other written or oral agreements between the City and Contractor. This Agreement can only be modified in writing signed by the City and Contractor. 13 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services E.Data Practices Act Compliance. Data provided, produced, or obtained under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor will immediately report to the City any requests from third parties for information relating to this Agreement. Contractor agrees to promptly respond to inquiries from the City concerning data requests. F.Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. Any disputes, controversies, or claims arising under this Agreement shall be heard in the state or federal courts of Minnesota and the parties waive any objections to jurisdiction. G.No Assignment. This Agreement may not be assigned by either party. H.Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state, and local laws, rules, ordinances, and regulations in performing the services under this Agreement. 14 Jufn!2/ Request for Proposals Public Meeting Video Recording and Related Services Addendum Pursuant to the original RFP, this addendum documents all questions posed to the City related to its RFP. Questions were submitted in writing no later than December 29, 2023. This addendum will be emailed to all known RFP recipients and posted to the City’s website. Respondentsmust complete and submit all required forms by January 12, 2024.Proposals submitted after the due date will not be considered. Failure to include any required element outlined in this RFP may be grounds for dismissal of a proposal. Submitted Questions Question:In the RFP, it says you would like prices to be inclusive.So, just to clarify, does that mean you would like a flat per meeting fee rather than an itemized one?For ad hoc and engineer work, we'd like to propose hourly rates if that's alright with you, since it's impossible to know the scope of those projects in advance. Answer:Please provide a per meeting fee for public meetings. For ad hoc work, hourly rates are perfectly acceptable. Question: We notice that there's an acknowledgement page on the RFP with a space for a signature.Do you need us to sign that and send that back to you? Answer: Please sign it and send it with your proposal. Question: For the references -would you just like a list of references and contact information or are you looking for full on letters of reference? Answer: Alist of references is sufficient. Question: Can companies outside of the United States submit a proposal? Answer: Yes. Question: Would a vendor be required to attend a meeting in person? Answer: Yes. The Scope of Services section of the RFP is expounded upon in each sub-section. Performing work for public meetings, which includes preparing the meeting room and required technology and monitoring and troubleshooting equipment issues could not all be done remotely. Question: Can work related to the RFP be performed outside of the United States? Answer: Yes and no. Please read closely the Scope of Services section of the RFP. Each sub-section (public meetings, ad hoc work and equipment maintenance and consulting) presents the need for in- person attendance at City Hall. Question: Can the proposal be submitted via email? Answer: No. Completeproposalsmust be submitted to the City’s Communications and Engagement Division(7071 University Avenue NE,Fridley, MN55432). 15 Jufn!2/ Public Meeting Recording and Related Services Agreement st This Professional Services Agreement (Agreement) is made and entered into this 1 day of June, 2024, by and between the City of Fridley, a Minnesota municipal corporation (City), and the North Metro Telecommunications Commission, a/k/a North Metro TV, a Minnesota municipal joint powers entity (Contractor). The City and the Contractor may be referred to collectively herein as the “Parties.” Whereas, the City is interested in contracting with the Contractor to provide all services and equipment maintenance for producing high-definition audio and video broadcast and recordings of public meetings or events using integrative technology in the City’s Council Chambers and A/V control room; and Whereas, the Contractor represents that it has the necessary skill, equipment, licensing, and personnel to provide such technical and video production services to the City; and Whereas, the City desires to contract with the Contractor to provide, and the Contractor desires to provide, said video production services in accordance with the terms and conditions of this Agreement. Now, therefore, in consideration of the promises and the mutual obligations of the Parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Scope of Services (A) Public Meetings i. The following are the City’s pre-scheduled meetings (Public Meetings): (a) 24 City Council meetings (b) Up to 12 Planning Commission meetings (c) Up to 12 Park and Recreation Commission meetings (d) Up to 12 Housing and Redevelopment Authority meetings ii. Services provided for each Public Meeting include: (a) Live and on-demand streaming; (b) Prepping meeting room and required technology; (c) Prepare graphics consisting of staff names, agenda items, meeting names and dates; (d) Monitoring equipment during the meeting; (e) Troubleshooting and problem solving; (f) Streaming meetings live on the City’s cable channel; (g) Production of audio/video product after the meeting; (h) Posting video to the City’s servers and repositories for retention; and (i) Managing closed captioning of videos. 16 Jufn!2/ iii.Cost: $500 per Public Meetingfor up to fourhours. Any additional hours shall be billed at $250 per hour billed in one-hour segments. (B) Equipment Maintenance and General Consulting. i. Contractor agrees to provide general consulting and maintenance services regarding the City’s equipment, as provided in Exhibit A. Additional examples include equipment maintenance, consulting, and general engineering services. ii. Cost: $250 per hour, billed in one-hour segments. (C) Ad Hoc Work. The Contractor may provide additional production of recording for ad hoc programming and events, including, but not limited to: i. Truck Shoot – Cost: $10,000. Includes three camera operators, replay, graphics, sound, and a director for up to six hours of event time. Events have the option of being live streamed. Examples: Sports, parades, etc. ii. Drone Video – Cost: $500 for the first hour and $125 per hour for any additional hours, billed in one-hour segments. Includes drone operation by a licensed and insured drone pilot. iii. General Video Production – Cost: $125 per staff per hour, billed in one-hour segments. Includes camera operation, editing, graphics, etc. Additional examples include Council meeting recap videos, City department highlights, meet a staff member, internal training videos, etc. (D) Point of Contact. The Contractor must assign a primary point of contact for all Public Meeting coverage. The initial primary point of contact is Danika Peterson, Interim Co- Executive Director/News Director \[Name, Title\]. The primary point of contact may be updated by informing the City in writing. In the event the primary point of contact is unable to cover a Public Meeting, the Contractor has a contingency plan to ensure records and production of public meetings is always covered. 2. Video Programming Content The Contractor shall not be responsible for the content of any video programming produced for City. The City shall be solely responsible for such content. The Contractor shall not edit, alter or manipulate such content. 17 Jufn!2/ 3. Term of Agreement The term of this Agreement is from its effective date until its termination in accordance with this section. Either party may, 12 months following the effective date, terminate this Agreement at any time, for any reason, upon 90 days’ advance written notice to the other party. Additionally, the City may terminate this Agreement immediately upon a finding that Contractor fails to complete tasks consistent with direction from the City and this Agreement. On the anniversary date of this Agreement, all rates shall be adjusted by the consumer price index for the Minneapolis-St. Paul Area. 4.Compensation The Contractor will be paid according to the following: A) The City is responsible for paying for the five Public Meetings per month, unless the City provides notice of the meeting’s cancellation at least 72-hours prior to the Public Meeting’s scheduled start time. B) The Contractor will submit invoices monthly. Monthly invoices must include an itemized list of actual costs incurred for the services provided, including the time, date, and location of the event. The City must pay an invoice within 30 days of receipt. Total late fees of $25 plus 5% of the unpaid bill shall be due if the City fails to make payment within 30 days of receipt. 5. Independent Contractor All services provided pursuant to this Agreement will be provided by the Contractor as an independent contractor and not as an employee of the City for any purpose. Any and all officers, employees, subcontractors, and agents of Contractor, or any other person engaged by Contractor in the performance of the services pursuant to this Agreement, are and will not be considered employees of the City. Any and all actions which arise as a consequence of any act or omission on the part of Contractor, its employees, subcontractors, or agents, or other persons engaged by Contractor in the performance of services pursuant to this Agreement, are not the obligation or responsibility of the City. Contractor, its employees, subcontractors, or agents will not be entitled to any of the rights, privileges, or benefits of the City’s employees, except as otherwise stated in this Agreement. 6. Insurance Contractor agrees to maintain, at its expense, statutory workers’ compensation insurance coverage. Contractor also agrees to maintain, at its expense, general liability insurance coverage insuring Contractor against claims for bodily injury, death, or property damage arising out of Contractor’s general business activities (including automobile use). The liability insurance policy must provide coverage for each occurrence in the minimum amount of $1.5 million. Upon request 18 Jufn!2/ of the City, Contractormustprovide the City with certificates of insurance, showing evidence of the required coverage and listing the City as an additional insured. 7. Indemnification Contractor, and subcontractors of Contractor, will indemnify, defend, and hold harmless the City and its officials, employees, contractors and agents from claims, losses, liabilities, and expenses (including reasonable attorneys’ fees and expenses of litigation) caused by any negligent act or omission by Contractor, engaged by Contractor in the performance of the services pursuant to this Agreement. Likewise, the City agrees that it will indemnify, defend, and hold harmless the Contractor, and its employees, subcontractors, and agents of Contractor against any and all claims, losses, liabilities, and expenses (including reasonable attorneys’ fees and expenses of litigation), which the Contractor may hereafter sustain, incur, or be required to pay arising out of the actions of the City pursuant to this Agreement. 8. Assignment This Agreement may not be assigned by either party. 9. Entire Agreement; Amendments This Agreement will constitute the entire agreement between the City and Contractor and supersedes any other written or oral agreements between the City and Contractor. This Agreement can only be modified in writing signed by the City and Contractor. 10. Applicable Law This Agreement is governed by and construed in accordance with the laws of Minnesota. Any disputes, controversies, or claims arising under this Agreement will be heard in the state or federal courts of Minnesota and the parties waive any objections to jurisdiction. 11. Data Practices Data provided, produced, or obtained under this Agreement will be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor will immediately report to the City any requests from third parties for information relating to this Agreement. Contractor agrees to promptly respond to inquiries from the City concerning data requests. 12. Compliance with Laws Contractor will exercise due professional care to comply with applicable federal, state, and local laws, rules, ordinances, and regulations in performing the services under this Agreement. 19 Jufn!2/ 13. Disclaimer of Warranties and Limitation of Liability Except as expressly provided in this Agreement, neither Party makes any warranty in connection with the subject matter of this Agreement, and hereby disclaims any and all express, implied and statutory warranties, to the maximum extent permitted by law. In no event shall either Party be liable to the other for any special, exemplary, punitive, incidental or consequential damages of any kind (including without limitation lost profits, lost revenue or lost savings), whether based in contract, tort or otherwise, regardless of whether that Party has been advised of the possibility of such damages. The foregoing disclaimer and limitation of liability shall survive the termination or expiration of this Agreement. 14. Audit/Records Access The Contractor must allow the City, or its duly authorized agents, and the state auditor or legislative auditor reasonable access to the Contractor’s books, records, documents, and accounting procedures and practices that are pertinent to all services provided under this Agreement for a minimum of six years from the termination of this Agreement, pursuant to Minnesota Statutes, section 16C.05, subdivision 5. 15. Notices Any written notices permitted or required by this Agreement will be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: The City: The City of Fridley 7071 University Ave., N.E. Fridley, MN 55432 Attn: Communications Manager The Contractor: North Metro TV 12520 Polk Street NE Blaine, MN 55434-3148 Or such other address as either party may provide to the other by notice given in accordance with this provision. 16. Waiver Any waiver by either party of a breach of any provisions of this Agreement will not affect, in any respect, the validity of the remainder of the Agreement. 20 Jufn!2/ In witness whereof, the Parties have caused this Agreement to be executed by their duly authorized representatives in duplicate and effective as of the date first written above. CITY OF FRIDLEY NORTH METRO TELECOMMUNICATIONS COMMISSION By: By: Scott Lund \[Name\] Its: Mayor Its: \[Title\] By: Walter T. Wysopal Its: City Manager 21 Jufn!2/ EXHIBIT A Contractor Acknowledgement 22 Jufn!3/ AGENDA REPORT Meeting Date:May 13, 2023 Meeting Type:City CouncilConference Meeting Submitted By:James Kosluchar, Public Works Director Title PublicWorks Department Update Background Public Works Departmentstaff will present an update to the City Council on staffing and future of the department generally.No action by the Council is requested, but feedback is welcome. Financial Impact None. Recommendation Discuss itemspresented. Focus on Fridley StrategicAlignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources None Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 23 Jufn!4/ AGENDA REPORT Meeting Date:May13,2024 Meeting Type:City CouncilConference Submitted By: Mike Maher, Parks and Recreation Director Jim Kosluchar, Public Works Director Joe Starks, Finance Director Title: Commons Park Recreation Building Vision and Budget Background Commons Park will receive significant improvements as the second of two community park renovations completed in 2024, with construction expected to begin in 2025. HCM Architects have been brought on board to designthe park facilityand the selectionprocess is underway to hire a landscape architect. Central to the park design with be an interconnected complex featuring a park building, splash pad, inclusive playground, parking, plazas, and winter recreation area. The recreation building budget, established in thePark System Improvement Plan document,was set at $4 million. Staff has developed a vision for the building to be the central amenity in the park complex and to serve as an operational hub for Fridley Parks and Recreation programming and community events. The building concept features interiorand exterior-facing restrooms, warming and gathering areas, classrooms, and an indoor such as furnishings and security systems to fully realize the vision for this central hub of the park project and staff is entering into a key phase of the design development process. This would require an increase in project costs of $1.3 million for the building. Additionally, relocation of the ballfields has not been factored into the planned budget for the park and we are estimating this cost to be at $500,000. Parks and Recreation Director Mike Maher, Public Works Director Jim Kosluchar and Finance Director Joe Starks will present the project vision and finances and answer questions from the Council. Financial Impact Attached is a sourcesand uses summary for the plan implementation to date, along with projections to complete the plan. It is notable that additional costs and funding related to grants and additions at Moore Lake Park are shown. It is recommended that an additional $1.8 million is allocated to Commons Park from the Community Investment Fund to meet the vision described above. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 24 Jufn!4/ Recommendation Staff recommends that Council provide feedback and direction on the vision presented for Commons Park and Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places X Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources PSIP Sources and Uses Summary Table Community Investment Fund Projections Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 25 2022 Actual2023 Actual2024 Projected2025 Projected2026 Projected2027 Projected2028 Projected2029 Projected Funding Sources Bond Proceeds 20,000,000 Bond Proceeds - Bond Premium1,107,000 Community Investment Fund (CIF) 2,785,391 719,000 4,856,000 CIF Proposed for Commons 1,800,000 Interest Authorized for Moore Lake 142,929 392,071 Commons Inclusive Playground Grant500,000 Sylvan Stormwater Grant 300,000 1,200,000 Total Funding Sources 21,249,929 392,071 300,000 1,700,000 4,585,391 719,000 4,856,000 Expenditures 1,330,000 Moore Lake 194,947 6,305,583 Creek View-352,869 5,000 Ed Wilmes - 254,096 4,000 Skyline - 427,374 26,000 Edgewater Gardens - 15,694 560,000 5,000 Plymouth Square - 12,511 470,000 20,000 776,000 1,205,000 Sylvan Hills (With Stormwater) - 15,578 Logan-8,995 454,000 5,000 Madsen - 7,150 211,000 2,406,000 Commons (With All-Inclusive Grant)- 12,180 755,000 6,800,000 4,500,000 200,000 Commons Proposed Additions - - - 1,800,000 Oak Hill - - 15,000 134,000 10,000 16,000 220,000 20,000 Jubilee - - Flannery - - 16,000 963,000 90,000 271,000 28,000 Summit Square - - 9,000 29,000 Briardale--30,000360,000 Hackmann Circle - - 20,000 290,000 Ruth Circle--90,0001,100,000 Harris - - 35,000 350,000 Creekridge Park--15,000280,000 Innsbruck 25,000 Jay20,000 Terrace 25,000 Staff Time Chargeback67,415 135,000 *Factored into park project costs for projections Total Expenditures 262,362 7,547,028 4,420,000 8,434,000 7,564,000 719,000 4,856,000 262,3627,809,39112,229,39120,663,39128,227,39128,946,39133,802,391 Interest (Not Yet Applied)-99,214119,748**Includes YTD interest as of 3/31/24 ***Does not include unrealized gains 2023 Actual2024 Projected2025 Projected2026 Projected2027 Projected2028 Projected2029 Projected Cash Received (Or Transferred In) WWTP Interfund Loan Payment 422,030 422,030 422,030 422,030 422,030 422,030 57,983 WWTP Interfund Interest 97,181 68,586 47,062 35,813 24,227 Conduit Issuance Fee - Moon Plaza 452,110 Other Revenue 20,292 Interest Earnings 170,567 Unrealized Gain 406,410 340,000 340,000 Aerial Truck Interfund Loan Payment 340,000 34,000 25,500 Aerial Truck Interfund Interest 42,500 480,013 851,592 831,843 811,757 TOTAL CASH RECEIVED 1,568,590 490,616 Cash Paid (or Transferred Out) Interfund Loan to Equipment Fund 1,700,000 Expenditures 25,577 Park System Improvement Plan 4,585,391 719,000 4,856,000 TOTAL CASH PAID 25,577 - 1,700,000 4,585,391 719,000 4,856,000 11,717,600 10,497,613 6,763,814 6,876,657 Beginning Cash 9,537,066 11,226,984 10,497,613 6,763,814 6,876,657 2,832,414 Ending Cash 11,226,984 11,717,600