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09.06.22
CITY OF ST. JOSEPH www.cityofstjoseph.com 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 St. Joseph City Council September 6, 2022 6:00 PM **The City Council meeting will be conducted in-person in the council chambers of the St. Joseph Government Center. Members of the public can attend in-person or via Zoom. ** Join Zoom Meeting https://us06web.zoom.us/j/81467065732?pwd=UWUrTVpqVTdJVXFlNmw1VEhYNUxwUT09 Meeting ID: 814 6706 5732 Passcode: 845919 1.6:00 PM Call to order - Pledge of Allegiance 2.Public Comments Up to 3 speakers will be allowed for up to 3 minutes each to address the council with questions/concerns/comments (regarding an item NOT on the agenda). No Council response or action will be given/taken other than possible referral to Administration. 3.Approve Agenda 4.Consent Agenda a.Minutes – Requested Action: Approve the minutes of August 15, 2022. b.Bills Payable – Requested Action: Approve Check Numbers 059439-059500, Account Payable EFT #002077-002078; Payroll EFT 112279-112284, Regular Pay Period 17. c.Application for Payment 1, 2022 Street Improvements – Requested Action: Approve Application for Payment 1 in the amount of $92,523.73 to ASTECH Corp for the 2022 Street Improvement Project. d.Hires – Requested Action: Authorize the hires for Administrative Assistant, and seasonal Recreation as presented. e.Temporary Outdoor Liquor Permit – Requested Action: Approve the Temporary On-Sale Liquor License for Bad Habit Brewing for the grand opening of White Peony on September 24, 2022. f.St. Joseph Lions Club Donation – Requested Action: Adopt Resolution 2022-044 Accepting the Donation; and approve purchase of Wireless Handheld Microphone System H10 Band BLX24 SM58-H10 042406471381 from Al Barrett’s music store at an estimated cost between $700.00 to $1,100.00 to be reimbursed to the City by the St. Joseph Lions. g.Body Worn Camera Grant Agreement Approval and Grant Acceptance – Requested Action: Accept grant and approve grant agreement and purchase of Body Cameras from Motorola Solutions as proposed. h.Transfers – Requested Action: Approve the budget transfers as presented. 5.Ordinances a.Park Board Ordinance b.Cannabinoid Ordinance 6.Hazardous Building – 13 2nd Ave NW 7.Mayor and Council Reports and Miscellaneous Business 8.Adjourn August 15, 2022 Page 1 of 3 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, August 15, 2022, at 6:00PM in the St. Joseph Government Center. Members Present: Mayor Rick Schultz, Councilmembers Kelly Beniek, Jon Hazen, Bob Loso, Kevin Kluesner City Representatives Present: Administrator Therese Haffner, Finance Director Lori Bartlett, Public Works Director Ryan Wensmann, City Clerk Kayla Klein, Community Development Director Nate Keller, City Engineer Randy Sabart, Police Chief Dwight Pfannenstein, Fire Chief Jeff Taufen, City Attorney Sue Dege Approve Agenda: Loso motioned to approve the agenda; seconded by Hazen and passed unanimously by those present. Consent Agenda: Hazen motioned to approve the consent agenda items a., b., d., e., and f.; seconded by Beniek and passed unanimously by those present. Motion passed unanimously. a. Minutes – Requested Action: Approve the minutes of August 1, 2022. b. Bills Payable – Requested Action: Approve Check Numbers 059377-059438, Account Payable EFT #002070-002076; Payroll EFT 112273-112278, Regular Pay Period 16, 16.01, 16.02; Council Pay Period 8. c. Donations – Requested Action: Accept the donations as presented. d. Finance Report – Requested Action: Accept the July 2022 financial report as presented. e. Supplemental Agreement, 2022 Street Project – Requested Action: Approve the Supplemental Letter Agreement with SEH for construction phase engineering services for the 2022 Street Improvement Project. f. Transfers – Requested Action: Approve the 2022 transfers as presented. g. Grant Application EAP – Requested Action: Approve applying for the MN Energy Assistance Program (EAP) for the 2022-2023 cold weather season. h. Vehicle Lift Purchase – Requested Action: Approve the purchase of 18,000 lb vehicle lift from Benco Equipment. i. East Park Grant Agreement – Requested Action: Approve grant agreement between the State of MN and the City of St. Joseph for East Park. Beniek wanted to go on the record to state that she is not in favor of how the Administrator Evaluation process was handled. At the July 18th meeting, the topics of two-hour parking and Administrator Evaluation process were not on the agenda and Beniek was not in favor of how that was handled. Public Hearing – Special Event, Rocktoberfest: City Clerk, Kayla Klein, stated that the St. Joseph Booster Club submitted a special event application for Rocktoberfest. It will be held on Saturday, September 24. The public hearing is required because the music for the event is playing later than 9:30PM (proposed to end at midnight). Notices have been sent to neighboring property owners. The application has been reviewed by Staff and the Police Chief is requiring 1 off-duty officer be present for the event. Schultz opened the public hearing. As no one wished to speak, Schultz closed the public hearing. Loso moved to approve the Special Event Permit for Rocktoberfest on Saturday, September 24th with the music playing from 4pm-midnight; seconded by Kluesner. Motion passed unanimously. Community Development: a. Variance Request, Knife River: Community Development Director Nate Keller explained that Knife River submitted a proposal to extend railroad tracks through property they own identified as PID 84.53547.0400. The property is located off of the future 24th Ave NE and to the directly north of Knife River’s existing site. Variances are needed by ordinance due to the from the minimum wetland setbacks. There are three separate wetland areas that the rail line will encroach upon. August 15, 2022 Page 2 of 3 The Planning Commission held the public hearing and recommended approval at their August 8th, 2022 meeting. One person spoke at the Public Hearing and asked if any floodplains exist on the property (no floodplains). Council approved the Preliminary and Final plat for the subject property March 2021. No action has been taken on the variance requests. Loso moved to approve Finding of Fact Resolution 2022-041 Approving a Variance to the Wetland Setback Requirements; seconded by Hazen. Motion passed unanimously. b. Variance Request, StorageLink: Keller informed the Council that Staff has worked diligently over the past few months with the owner (Byron Bjorklund) of parcel 84.53360.0006 regarding development scenarios. He reminded them of the two goals involved and shared that Staff and the owner have come to an agreeable plan that meets both goals. This requires multiple variances. Planning Commission held the public hearing and recommended approval at their August 8th, 2022 meeting. The owner was the only person to speak at the public hearing. Hazen moved to approve Finding of Fact Resolution 2022-042 Approving Variances to the Front and Side Yard Setbacks in an I-1 Light Industrial Zoned Property; seconded by Beniek. Motion passed unanimously. Engineering Reports: City Engineer Randy Sabart updated the Council on the status of the 2022 Street Improvements, 2021 Street Improvements and the Morningside Drainage Study. Council discussed conducting at Park Terrace Line Study for Capacity. Sabart will bring that information forward at a future meeting. Department Reports: The department heads presented their monthly reports to the Council. Council discussed social gatherings/college parties as students are arriving back for the college school year. It was noted that the City would like to work with the college when addressing this topic. However, the need to review ordinance and research governance of private parties and social gatherings was deemed necessary. Beniek moved to request Staff review ordinance and research governance of private parties and gatherings; seconded by Loso. Motion passed unanimously. Committee Reports: Beniek updated the Council on the CVB meeting. Schultz updated the Council on APO and the two presentations that were given. Mayor Reports: Schultz shared information on the MNDOT electric vehicle charging plan and discussed how it relates to St. Joseph. Closed Meeting: Hazen moved to have the City Council enter into closed session Pursuant to MN Statute 13D.05, Subd. 3(a), the City Council will enter into closed session to discuss the performance evaluation of the City Administrator, Therese Haffner. The motion was seconded by Kluesner and passed unanimously by those present. City Attorney Sue Dege presented the following performance evaluation of City Administrator Therese Haffner on a scale of 1-5 (5 being the highest). Individual Characteristics: 3.5 Professional Skills and Status: 3.75 Relations with Elected Members of the Governing Body: 3 Policy Execution: 4 Reporting: 3 Citizen Relations: 4 Staffing: 3.2 August 15, 2022 Page 3 of 3 Supervision: 3.5 Fiscal Management: 4 Community: 4 Adjourn: Hazen made a motion to adjourn at 8:19PM; seconded by Beniek and passed unanimously by those present. Kayla Klein City Clerk Council Agenda Item MEETING DATE: September 6, 2022 AGENDA ITEM: Bills Payable SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: See below BACKGROUND INFORMATION: The council approved staff to make the following payments through the payroll contracts, regular monthly invoices with due dates prior to the next scheduled council meeting, or actions taken at previous council meetings. The information here is to provide you all checks and electronic payments made for verification of the disbursement completeness. BUDGET/FISCAL IMPACT: Bills Payable – Checks Mailed Prior to Council Approval Regular PP 17 $55,953.78 Payroll EFT #112279 - #112284 $35,574.77 Account Payable EFT #002077 - 002078 ($19,336.30) Check Numbers #059439 - #059500 $171,750.88 Total $243,943.13 Bills Payable – Checks Awaiting Council Approval Check Numbers #none $0.00 Total $0.00 Total Budget/Fiscal Impact: $243,943.13 Various Funds ATTACHMENTS: Bills Payable – Checks Mailed Prior to Council Approval REQUESTED COUNCIL ACTION: Approve the bills payables as presented. 4b Check# Date Search Name Comments Amount FUND DEPART OBJ 059439 8/25/2022 AAA/ABLE SEWER & DRAIN CLEANING 25 1st Ave NW water main jet clean/televise $350.00 601 49420 220 059440 8/25/2022 AFSCME COUNCIL 65 Sept dues $594.50 101 21707 059441 8/25/2022 AUTO TRIM & SIGN helmet tags for new firefighters $35.00 105 42220 210 059442 8/25/2022 AUTO VALUE PARTS STORES ‐ WEST 701 brake pad set, front brake $334.97 101 42152 230 059443 8/25/2022 BRUNO PRESS Sept CVB $750.00 220 46500 300 059444 8/25/2022 C & L EXCAVATING, INC 230 Hill St W curb stop repair $2,214.50 601 49440 220 059445 8/25/2022 CENTRACARE Dirkes pre‐employment physical $28.75 101 43120 300 059445 8/25/2022 CENTRACARE Dirkes pre‐employment physical $28.75 101 45202 300 059445 8/25/2022 CENTRACARE Dirkes physical $9.25 602 49450 300 059445 8/25/2022 CENTRACARE Dirkes physical $9.25 101 45202 300 059445 8/25/2022 CENTRACARE Firefighter Palmer Immunizations $86.00 105 42210 305 059445 8/25/2022 CENTRACARE Dirkes physical $9.25 601 49440 300 059445 8/25/2022 CENTRACARE Dirkes pre‐employment physical $28.75 602 49450 300 059445 8/25/2022 CENTRACARE Firefighter Palmer immunizations $86.00 105 42210 305 059445 8/25/2022 CENTRACARE Dirkes physical $9.25 101 43120 300 059445 8/25/2022 CENTRACARE Dirkes Pre‐employment screening $30.75 105 42210 300 059445 8/25/2022 CENTRACARE Dirkes Pre‐employment screening $30.75 101 42120 300 059445 8/25/2022 CENTRACARE Firefighter Holland physical/immunizations $80.50 105 42210 305 059445 8/25/2022 CENTRACARE Dirkes pre‐employment physical $28.75 601 49440 300 059446 8/25/2022 CENTRAL MCGOWAN, INC medical oxygen $37.53 101 42120 210 059446 8/25/2022 CENTRAL MCGOWAN, INC medical oxygen $37.54 105 42270 210 059447 8/25/2022 CENTRAL SQUARE TECHNOLOGIES annual VisionMobile law vehicle workstation maint fee $2,323.90 101 42120 215 059448 8/25/2022 CIRCLE K FLEET July fuel purchases ($16.00) 105 42220 235 059448 8/25/2022 CIRCLE K FLEET July fuel purchases $415.68 602 49450 235 059448 8/25/2022 CIRCLE K FLEET July fuel purchases $689.69 601 49440 235 059448 8/25/2022 CIRCLE K FLEET July fuel purchases $393.64 101 45202 235 059448 8/25/2022 CIRCLE K FLEET July fuel purchases $393.64 101 43120 235 059448 8/25/2022 CIRCLE K FLEET July fuel purchases $311.43 105 42220 235 059448 8/25/2022 CIRCLE K FLEET July fuel purchases ($32.02) 601 49440 235 059448 8/25/2022 CIRCLE K FLEET July fuel purchases $120.65 101 42152 235 059448 8/25/2022 CIRCLE K FLEET July fuel purchases ($5.58) 101 42152 235 059448 8/25/2022 CIRCLE K FLEET July fuel purchases ($19.19) 101 45202 235 059448 8/25/2022 CIRCLE K FLEET July fuel purchases ($19.36) 602 49450 235 059448 8/25/2022 CIRCLE K FLEET July car wash $5.38 101 42152 230 059448 8/25/2022 CIRCLE K FLEET July fuel purchases ($19.19) 101 43120 235 059449 8/25/2022 COMITTED 365 ROOFING & EXTERIOR permit 2022‐00342 205 Foxmore Way voided $61.00 101 41430 32210 059450 8/25/2022 CUSTOMIZED FIRE RESCUE TRAIN NFPA Standpipe & FDC Prop Operations 3/29/22 $600.00 105 42240 443 059451 8/25/2022 EARL F. ANDERSEN, INC 2 hour/15 minute parking signs $111.95 101 43120 210 059452 8/25/2022 FARM‐RITE EQUIPMENT, INC. #24 filters/brake caliper $286.33 101 45202 230 059453 8/25/2022 GALLS, INC pants ‐ Milostan $82.28 101 42120 171 059453 8/25/2022 GALLS, INC boots ‐ Milostan $229.96 101 42120 171 059454 8/25/2022 HACH COMPANY water chemicals $352.11 601 49440 210 059455 8/25/2022 HAWKINS, INC WTP1 chemicals $1,260.31 601 49421 210 059456 8/25/2022 HEARTLAND DOOR SALES INC. Fire overhead door#1 seather strip $75.00 105 42280 300 059457 8/25/2022 JACKS OIL DISTRIBUTING, INC. oil 15W40 $234.83 601 49440 230 059457 8/25/2022 JACKS OIL DISTRIBUTING, INC. oil 15W40 $234.84 101 43120 230 059457 8/25/2022 JACKS OIL DISTRIBUTING, INC. oil 15W40 $234.83 602 49450 230 059457 8/25/2022 JACKS OIL DISTRIBUTING, INC. oil 15W40 $234.84 101 45202 230 059458 8/25/2022 KENSINGTON BANK 1st half TIF 2‐3 Bayou Blues $17,959.18 159 46500 622 059459 8/25/2022 KRIS ENGINEERING INC #92 return ‐ wrong bolts ($21.96) 101 43125 230 059459 8/25/2022 KRIS ENGINEERING INC #20 plow bolts/nuts $34.80 101 43125 230 059459 8/25/2022 KRIS ENGINEERING INC #92plow bolts $28.68 101 43125 230 059460 8/25/2022 LAW ENFORCEMENT LABOR SERVICES September union dues $650.00 101 21707 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $13,541.77 105 42210 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $40.18 101 41110 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $654.77 651 49900 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $2,106.85 601 49440 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $4,435.84 101 45202 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $397.22 101 45204 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $130.91 101 45123 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $12,116.29 101 43120 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $1,059.31 101 41941 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $35,682.85 101 42120 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $290.00 101 41910 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $483.47 101 41430 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $467.82 652 43160 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $36.17 651 49490 151 CITY OF ST JOSEPH Bills Payable – Paid Prior To Council Approval Check# Date Search Name Comments Amount FUND DEPART OBJ CITY OF ST JOSEPH Bills Payable – Paid Prior To Council Approval 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $212.46 603 43230 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $48.22 602 49490 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $48.22 601 49490 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $14.39 101 41310 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $0.00 101 41950 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $0.00 101 41120 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $143.50 150 46500 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $530.67 101 41530 151 059461 8/25/2022 LEAGUE OF MN CITIES INS TRUST 22‐23 Workers Comp $1,044.09 602 49450 151 059462 8/25/2022 LEXISNEXIS July subscription $103.00 101 42120 300 059463 8/25/2022 LITTLE FALLS MACHINE, INC #92 hanger, tube, spinner w/hub $633.10 101 43125 230 059464 8/25/2022 MARCO BUSINESS PRODUCTS copies overage 12/10/21‐5/9/22 $1,159.50 101 41430 300 059465 8/25/2022 MARCO, INC admin copier lease 8/10‐9/10/22 $438.38 101 41430 410 059466 8/25/2022 MCDOWALL COMPANY well house #3 roof repairs $310.00 601 49410 220 059467 8/25/2022 METERING & TECHNOLOGY SOLUTION 12 3/4" meters $2,982.70 601 49430 210 059468 8/25/2022 MIDWEST MACHINERY CO. #11 filler cap $36.54 101 45202 230 059469 8/25/2022 MINNESOTA BCA cleaners background check $232.75 101 41942 300 059470 8/25/2022 MINNESOTA FIRE SERVICE BOARD FFII Recertification Hunt $25.00 105 42240 443 059470 8/25/2022 MINNESOTA FIRE SERVICE BOARD FFII Recertification Mooney $25.00 105 42240 443 059470 8/25/2022 MINNESOTA FIRE SERVICE BOARD FFII Recertification Voigt $25.00 105 42240 443 059470 8/25/2022 MINNESOTA FIRE SERVICE BOARD FFI Certification Taufen $25.00 105 42240 443 059471 8/25/2022 MN DEPARTMENT OF HEALTH 3rd quarter MDS fee $4,406.00 601 49440 444 059472 8/25/2022 MN STATE FIRE CHIEFS ASSOCIATION annual Chief's conference ‐ Taufen, Salzer $750.00 105 42240 331 059473 8/25/2022 MOMENTUM TRUCK GROUP #15 piggyback $103.94 602 49450 230 059473 8/25/2022 MOMENTUM TRUCK GROUP #92 hose assy,shock absorber,brake shoe kit,drum,dustshield,pin‐ spring lever clevis pin $1,085.88 101 43125 230 059473 8/25/2022 MOMENTUM TRUCK GROUP #92 brake shoes core returned ($48.00) 101 43125 230 059473 8/25/2022 MOMENTUM TRUCK GROUP #92 hose assy, bushing $170.77 101 43125 230 059473 8/25/2022 MOMENTUM TRUCK GROUP #90 brake kit,air dryer,valve kit, governor,clamp,dustshield $628.91 101 43125 230 059473 8/25/2022 MOMENTUM TRUCK GROUP #15 piggyback, brake shoes $313.48 602 49450 230 059473 8/25/2022 MOMENTUM TRUCK GROUP #15 brake shoes returned ($48.00) 602 49450 230 059474 8/25/2022 NORTHLAND BUSINESS SOLUTIONS PD security cameras annual hosting $2,195.00 101 42120 215 059475 8/25/2022 NORTHLAND SECURITIES, INC 2022A bond Stearns County Auditor's Certificate fee $41.00 302 47100 621 059475 8/25/2022 NORTHLAND SECURITIES, INC 2022A bond Stearns County Auditor's Certificate fee $4.00 315 49300 621 059475 8/25/2022 NORTHLAND SECURITIES, INC 2022A bond Stearns County Auditor's Certificate fee $5.00 316 49300 621 059476 8/25/2022 O REILLY AUTO PARTS #50 coil, wire, iridium, plug $22.26 602 49450 230 059476 8/25/2022 O REILLY AUTO PARTS #50 plug, coil $29.84 101 43120 230 059476 8/25/2022 O REILLY AUTO PARTS #50 plug, coil $29.84 101 45202 230 059476 8/25/2022 O REILLY AUTO PARTS #50 plug, coil $29.84 602 49450 230 059476 8/25/2022 O REILLY AUTO PARTS #50 coil, wire, iridium, plug $22.27 601 49440 230 059476 8/25/2022 O REILLY AUTO PARTS #50 return coil ($7.42) 601 49440 230 059476 8/25/2022 O REILLY AUTO PARTS #50 plug, coil $29.83 601 49440 230 059476 8/25/2022 O REILLY AUTO PARTS #50 return coil ($7.42) 602 49450 230 059476 8/25/2022 O REILLY AUTO PARTS #50 return coil ($7.42) 101 45202 230 059476 8/25/2022 O REILLY AUTO PARTS #702 oil/oil filter,wiper $65.06 101 42152 230 059476 8/25/2022 O REILLY AUTO PARTS #50 coil, wire, iridium, plug $22.27 101 45202 230 059476 8/25/2022 O REILLY AUTO PARTS #50 return coil ($7.43) 101 43120 230 059476 8/25/2022 O REILLY AUTO PARTS #90 oil/fuel filters $25.41 101 43125 230 059476 8/25/2022 O REILLY AUTO PARTS #50 sensor, maf $40.10 101 43120 230 059476 8/25/2022 O REILLY AUTO PARTS #50 sensor, maf $40.10 101 45202 230 059476 8/25/2022 O REILLY AUTO PARTS #50 sensor, maf $40.11 601 49440 230 059476 8/25/2022 O REILLY AUTO PARTS #50 sensor, maf $40.11 602 49450 230 059476 8/25/2022 O REILLY AUTO PARTS #28 battery $100.69 601 49440 230 059476 8/25/2022 O REILLY AUTO PARTS #50 coil, wire, iridium, plug $22.27 101 43120 230 059477 8/25/2022 OFFICE DEPOT office paper clips, post it notes, paper $140.76 101 41430 200 059477 8/25/2022 OFFICE DEPOT elections: folders candidate filing, moistener for judges $20.76 101 41410 210 059477 8/25/2022 OFFICE DEPOT office paper clips $6.69 101 41430 200 059478 8/25/2022 OLSON, ART 10 ‐ 55 gal barrels for parks garbage $150.00 101 45202 210 059479 8/25/2022 POISSANT, ERIC 2022 boot allowance $5.00 601 49440 171 059479 8/25/2022 POISSANT, ERIC 2022 boot allowance $5.00 602 49450 171 059479 8/25/2022 POISSANT, ERIC 2022 boot allowance $40.00 101 43120 171 059479 8/25/2022 POISSANT, ERIC 2022 boot allowance $10.00 603 43230 171 059479 8/25/2022 POISSANT, ERIC 2022 boot allowance $40.00 101 45202 171 059480 8/25/2022 POWERPLAN RDO: #20 cutting edge $199.30 101 45202 230 059481 8/25/2022 QUADIENT POSTAGE FUNDING postage finance fee $46.77 101 41430 317 059481 8/25/2022 QUADIENT POSTAGE FUNDING postage refill $83.83 603 43230 322 059481 8/25/2022 QUADIENT POSTAGE FUNDING postage refill $83.83 602 49490 322 059481 8/25/2022 QUADIENT POSTAGE FUNDING postage refill $83.83 601 49490 322 Check# Date Search Name Comments Amount FUND DEPART OBJ CITY OF ST JOSEPH Bills Payable – Paid Prior To Council Approval 059481 8/25/2022 QUADIENT POSTAGE FUNDING postage refill $41.92 101 45202 322 059481 8/25/2022 QUADIENT POSTAGE FUNDING postage refill $41.92 101 43120 322 059481 8/25/2022 QUADIENT POSTAGE FUNDING postage refill $83.83 101 42120 322 059481 8/25/2022 QUADIENT POSTAGE FUNDING postage refill $83.84 101 41430 322 059482 8/25/2022 RENGEL PRINTING, INC business card ‐ Vossen $35.00 101 42120 350 059483 8/25/2022 RIDGEWOOD CONTRACTING, LLC August compost permits $500.00 603 43230 300 059484 8/25/2022 ROQUETTE, JAN Millstream damage deposit return less damages/clean up withheld $140.00 101 45202 34780 059485 8/25/2022 ROYAL TIRE, INC #15 4‐tires $2,907.68 602 49450 230 059485 8/25/2022 ROYAL TIRE, INC #28 tires mount and balance $60.76 601 49440 230 059486 8/25/2022 SCHWEGELS LANDSCAPING & TREE Rremove and cleanup elm tree 410 MN St W $3,000.00 101 43120 300 059487 8/25/2022 SEH, INC July 21 street improvements $5,103.08 411 43120 530 059487 8/25/2022 SEH, INC July 20 watermain loop 20th Ave SE $373.50 410 43120 530 059487 8/25/2022 SEH, INC July 22 street improvements $3,898.38 415 43120 530 059487 8/25/2022 SEH, INC July MSAS/General $161.00 101 43131 303 059487 8/25/2022 SEH, INC July Morningside drainage $143.50 651 49900 303 059487 8/25/2022 SEH, INC July Verizon antenna modification $6,639.30 101 43131 303 059487 8/25/2022 SEH, INC July development matters $410.00 101 41910 303 059487 8/25/2022 SEH, INC July Gateway development proposal $418.68 101 43131 303 059487 8/25/2022 SEH, INC July Trobec's $521.30 101 43131 303 059487 8/25/2022 SEH, INC July StorageLink $208.00 101 43131 303 059487 8/25/2022 SEH, INC July Rivers Bend 4 $869.88 101 43131 303 059488 8/25/2022 SENTRY BANK‐CREDIT CARD Juy Adobe Bartlett, Granite $36.57 101 41530 300 059488 8/25/2022 SENTRY BANK‐CREDIT CARD return weed killer ($4.96) 101 45125 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD pvc cap drain,marker paint, hose clamp, elbow, coupling $89.93 101 41942 220 059488 8/25/2022 SENTRY BANK‐CREDIT CARD softner salt $17.97 101 45202 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD 12v pump, 14 gauge splice $135.98 101 45202 230 059488 8/25/2022 SENTRY BANK‐CREDIT CARD return pump ($129.99) 101 41942 220 059488 8/25/2022 SENTRY BANK‐CREDIT CARD sprayer, weed killer $85.27 101 43125 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD July Zoom $16.02 101 41950 215 059488 8/25/2022 SENTRY BANK‐CREDIT CARD Office Tracker 2 yr,2 user renewal $256.00 105 42210 300 059488 8/25/2022 SENTRY BANK‐CREDIT CARD Juy Adobe Klei, Haffner $36.57 101 41430 300 059488 8/25/2022 SENTRY BANK‐CREDIT CARD Juy Adobe Keller $18.29 101 41910 300 059488 8/25/2022 SENTRY BANK‐CREDIT CARD July Beacon $1.00 101 41430 300 059488 8/25/2022 SENTRY BANK‐CREDIT CARD 3 on 3 basketball engraving $54.00 101 45204 308 059488 8/25/2022 SENTRY BANK‐CREDIT CARD Municipal Clerks Advanced Academy Klein $240.00 101 41430 331 059488 8/25/2022 SENTRY BANK‐CREDIT CARD Office Tracker 2 yr,2 user renewal $512.00 101 45202 300 059488 8/25/2022 SENTRY BANK‐CREDIT CARD thermal tape ‐ elections $9.95 101 41410 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD notary stamp Vought $24.70 101 42120 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD cash back rebate ($75.00) 101 41430 36300 059488 8/25/2022 SENTRY BANK‐CREDIT CARD MnGFOA Aug meeting, annual conference fees Bartlett $250.00 101 41530 331 059488 8/25/2022 SENTRY BANK‐CREDIT CARD chemicals $240.58 602 49480 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD pump $129.99 101 41942 220 059488 8/25/2022 SENTRY BANK‐CREDIT CARD tape measure, washer $28.90 601 49420 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD #701 bolts $2.58 101 42152 230 059488 8/25/2022 SENTRY BANK‐CREDIT CARD #16 trailer light parts $216.57 602 49450 230 059488 8/25/2022 SENTRY BANK‐CREDIT CARD Office Tracker 2 yr,2 user renewal $256.00 101 41430 300 059488 8/25/2022 SENTRY BANK‐CREDIT CARD trash bags, soap, air freshner $52.92 101 45202 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD SJGC air freshner $21.41 101 41942 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD mail water samples $37.30 601 49440 322 059488 8/25/2022 SENTRY BANK‐CREDIT CARD AA batteries $13.99 101 43120 220 059488 8/25/2022 SENTRY BANK‐CREDIT CARD WTP1 green paint $21.57 601 49420 220 059488 8/25/2022 SENTRY BANK‐CREDIT CARD boiler license fee‐Torborg $30.00 601 49440 446 059488 8/25/2022 SENTRY BANK‐CREDIT CARD hunter controller $102.63 101 43120 220 059488 8/25/2022 SENTRY BANK‐CREDIT CARD plug, washer hose $6.58 101 43120 220 059488 8/25/2022 SENTRY BANK‐CREDIT CARD #14 fuel filter $51.20 101 45202 230 059488 8/25/2022 SENTRY BANK‐CREDIT CARD Xylene solvent $21.99 101 43120 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD work gloves $35.98 101 43120 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD Vought notary application certification $20.50 101 42120 446 059488 8/25/2022 SENTRY BANK‐CREDIT CARD work gloves $35.98 101 45202 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD 22 street project‐BNSF rail permitting $828.00 415 43120 530 059488 8/25/2022 SENTRY BANK‐CREDIT CARD work gloves $35.98 601 49440 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD work gloves $35.98 602 49450 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD oil $13.99 101 45202 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD adding machine and tape $105.01 105 42220 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD batteries, sweeper brushes $123.00 105 42281 210 059488 8/25/2022 SENTRY BANK‐CREDIT CARD hanger storage, pump $159.98 602 49450 220 059489 8/25/2022 SHIFT TECHNOLOGIES, INC. PD PMI update $116.20 101 42120 215 Check# Date Search Name Comments Amount FUND DEPART OBJ CITY OF ST JOSEPH Bills Payable – Paid Prior To Council Approval 059490 8/25/2022 SPECTRUM SUPPLY trash bags $141.34 101 41942 210 059491 8/25/2022 SPEEDWAY July fuel purchases $164.53 601 49440 235 059491 8/25/2022 SPEEDWAY July fuel purchases $657.63 602 49450 235 059491 8/25/2022 SPEEDWAY July fuel purchases ($23.32) 101 42152 235 059491 8/25/2022 SPEEDWAY July fuel purchases ($12.72) 101 43120 235 059491 8/25/2022 SPEEDWAY July fuel purchases ($12.73) 601 49440 235 059491 8/25/2022 SPEEDWAY July fuel purchases ($51.19) 602 49450 235 059491 8/25/2022 SPEEDWAY July fuel purchases $345.40 101 42152 235 059491 8/25/2022 SPEEDWAY card delivery fees $33.18 101 41530 300 059491 8/25/2022 SPEEDWAY July fuel purchases ($12.73) 101 45202 235 059491 8/25/2022 SPEEDWAY July fuel purchases $164.53 101 45202 235 059491 8/25/2022 SPEEDWAY July fuel purchases $164.53 101 43120 235 059492 8/25/2022 ST. CLOUD TIMES hearing notice ‐ variance Knife River $82.22 101 41910 340 059492 8/25/2022 ST. CLOUD TIMES notice of filing general election $118.02 101 41410 340 059492 8/25/2022 ST. CLOUD TIMES ord 2022‐007 summary publication $164.56 101 41130 340 059492 8/25/2022 ST. CLOUD TIMES notice‐public accuracy testing $60.74 101 41410 340 059493 8/25/2022 ST. JOSEPH NEWSLEADER, INC movie in the park ad $120.00 215 45204 308 059494 8/25/2022 STEPP MFG gas spring 200 lb‐patch wagon $102.84 101 43120 230 059495 8/25/2022 SUMMIT FIRE PROTECTION shop fire extinguisher $27.80 101 45201 200 059495 8/25/2022 SUMMIT FIRE PROTECTION hose end recoupling $28.40 101 43220 230 059496 8/25/2022 TAFT STETTINIUS & HOLLISTER Trobec's abatement $9,000.00 150 46500 300 059497 8/25/2022 TOTAL ENERGY SYSTEMS, LLC WTP2 heater and air unit maintenance $5,466.70 601 49421 220 059498 8/25/2022 TRAUT COMPANIES potable water testing $240.00 601 49420 312 059499 8/25/2022 UNUM LIFE INSURANCE Sept LTD premium $1,422.51 101 21711 059500 8/25/2022 WEISMAN CLEANING INC Aug STGC Cleaning $851.24 101 41942 300 Total Bills Payable - Mailed Prior to Council Approval $171,750.88 Check# Date Search Name Comments Amount FUND DEPART OBJ no pending checks Total Bills Payables - Waiting Council Approval $0.00 EFTs & Payroll 72,192.25 Bills Paid Prior to Council 171,750.88 Bills Waiting for Council ‐ Total Bills Payable 243,943.13 Summary: CITY OF ST JOSEPH Bills Payable – Checks Not Mailed Awaiting Council Approval Check# Date Search Name Comments Amount FUND DEPART OBJ ACH 8/10/2022 PAYROLL Regular PP 17 $55,953.78 002077 8/12/2022 COMMISSIONER OF REVENUE July sales/use tax $12.25 101 41430 441 002077 8/12/2022 COMMISSIONER OF REVENUE July sales/use tax $958.53 603 00000 31320 002077 8/12/2022 COMMISSIONER OF REVENUE July sales/use tax $1,167.08 601 00000 31320 002077 8/12/2022 COMMISSIONER OF REVENUE July sales/use tax $13.49 101 45204 441 002077 8/12/2022 COMMISSIONER OF REVENUE July sales/use tax $91.50 101 45202 441 002077 8/12/2022 COMMISSIONER OF REVENUE July sales/use tax $24.15 101 42120 441 002078 8/12/2022 SENTRY BANK bank error reversal ACH ($21,603.30) 101 41430 317 112279 8/24/2022 SENTRY BANK H SA deposit Reg PP 17 $1,631.24 101 21715 112280 8/24/2022 EFTPS Federal/FICA/Medicare W/H Reg PP 17 $6,505.03 101 21701 112280 8/24/2022 EFTPS Federal/FICA/Medicare W/H Reg PP 17 $7,688.54 101 21703 112281 8/24/2022 COMMISSIONER OF REVENUE State W/H Reg PP 17 $2,986.89 101 21702 112282 8/24/2022 PERA PERA Reg PP 17 $14,838.07 101 21704 112283 8/24/2022 VOYA FINANCIAL Deferred Comp Reg PP 17 $1,675.00 101 21705 112284 8/24/2022 AMERICAN FUNDS 529 deposit Reg PP 17 $250.00 101 21705 EFT Total $72,192.25 CITY OF ST JOSEPH EFT's & Payroll ‐ Paid Prior To Council Approval Council Agenda Item MEETING DATE: September 6, 2022 AGENDA ITEM: Application for Payment 1, 2022 Street Improvements SUBMITTED BY: Administration BACKGROUND INFORMATION: The first payment for the 2022 Street Improvement project is for work completed through 8/19/22. ATTACHMENTS: Application for Payment 1 REQUESTED COUNCIL ACTION: Approve Application for Payment 1 in the amount of $92,523.73 to ASTECH Corp. for the 2022 Street Improvement project. 4c APPLICATION FOR PAYMENT NO. 1 CONTRACT FOR:2022 STREET IMPROVEMENTS PROJECT NO.STJOE 164501 AGREEMENT DATE:6/6/2022 OWNER CONTRACTOR FOR WORK ACCOMPLISHED THROUGH:8/19/2022 ITEM UNIT UNIT COST QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT GENERAL 1 LUMP SUM $35,000.00 1.00 $35,000.00 0.50 $17,500.00 0.50 $17,500.00 2 LUMP SUM $5,390.00 1.00 $5,390.00 0.15 $808.50 0.15 $808.50 3 EACH $200.00 51.00 $10,200.00 $0.00 0.00 $0.00 4 EACH $880.00 15.00 $13,200.00 $0.00 0.00 $0.00 5 EACH $27.50 39.00 $1,072.50 $0.00 0.00 $0.00 6 EACH $55.00 20.00 $1,100.00 $0.00 0.00 $0.00 7 SQ YD $5.39 1,547.00 $8,338.33 90.00 $485.10 90.00 $485.10 8 SQ YD $15.18 48.00 $728.64 24.00 $364.32 24.00 $364.32 9 LIN FT $9.90 862.00 $8,533.80 1,026.00 $10,157.40 1,026.00 $10,157.40 10 LIN FT $9.90 50.00 $495.00 40.00 $396.00 40.00 $396.00 11 LIN FT $5.00 165.00 $825.00 195.00 $975.00 195.00 $975.00 12 LIN FT $4.00 2,417.00 $9,668.00 444.00 $1,776.00 444.00 $1,776.00 STREET 13 CU YD $20.90 505.00 $10,554.50 $0.00 0.00 $0.00 14 M GAL $33.00 20.00 $660.00 $0.00 0.00 $0.00 15 CU YD $46.20 333.00 $15,384.60 $0.00 0.00 $0.00 16 CU YD $46.20 30.00 $1,386.00 $0.00 0.00 $0.00 17 SQ YD $1.50 15,725.00 $23,587.50 $0.00 0.00 $0.00 18 SQ YD $5.72 900.00 $5,148.00 $0.00 0.00 $0.00 19 CU YD $14.85 135.00 $2,004.75 $0.00 0.00 $0.00 20 TON $88.00 2,771.00 $243,848.00 $0.00 0.00 $0.00 21 TON $104.28 220.00 $22,941.60 $0.00 0.00 $0.00 22 TON $105.60 300.00 $31,680.00 115.65 $12,212.64 115.65 $12,212.64 23 GAL $3.30 2,130.00 $7,029.00 $0.00 0.00 $0.00 24 SQ YD $43.56 355.00 $15,463.80 324.00 $14,113.44 324.00 $14,113.44 25 SQ YD $90.72 23.00 $2,086.56 $0.00 0.00 $0.00 26 SQ FT $13.44 2,209.00 $29,688.96 $0.00 0.00 $0.00 27 SQ FT $56.00 250.00 $14,000.00 $0.00 0.00 $0.00 28 LIN FT $33.60 721.00 $24,225.60 841.00 $28,257.60 841.00 $28,257.60 29 LIN FT $33.60 141.00 $4,737.60 143.00 $4,804.80 143.00 $4,804.80 30 LIN FT $39.20 50.00 $1,960.00 53.00 $2,077.60 53.00 $2,077.60 31 EACH $247.50 45.00 $11,137.50 14.00 $3,465.00 14.00 $3,465.00 32 EACH $165.00 20.00 $3,300.00 $0.00 0.00 $0.00 33 EACH $192.50 20.00 $3,850.00 $0.00 0.00 $0.00 34 SQ FT $71.50 85.00 $6,077.50 $0.00 0.00 $0.00 35 EACH $330.00 18.00 $5,940.00 $0.00 0.00 $0.00 36 HOUR $159.50 12.00 $1,914.00 $0.00 0.00 $0.00 DESCRIPTION F&I SIGN PANELS TYPE C F&I STREET NAME SIGN ASSEMBLY STREET SWEEP (WITH PICKUP BROOM) CONCRETE VALLEY GUTTER ADJUST FRAME & RING CASTING ADJUST VALVE BOX VALVE BOX EXTENSION STEM BITUMINOUS PATCH - STREET 6" CONCRETE DRIVEWAY PAVEMENT 6" CONCRETE WALK / SAND BEDDING TRUNCATED DOMES CONCRETE CURB & GUTTER, DESIGN B618 AGGREGATE BASE CLASS 5 (CV) (P) SALVAGE AGGREGATE (LV) MILL BITUMINOUS SURFACE (0-1") TYPE SP 9.5 WEARING COURSE MIXTURE SPWEA230B WATER SAWING BITUMINOUS PAVEMENT TYPE SP 9.5 WEARING COURSE MIXTURE SPWEA340C TYPE SP 12.5 WEARING COURSE MIXTURE SPWEAB340C CONCRETE CURB & GUTTER, DESIGN D412 ASTECH CORP. THIS PAYMENTCONTRACT WORK TO DATE REMOVE BITUMINOUS PAVEMENT REMOVE VALVE EXTENSION STEM REMOVE CONCRETE WALK REMOVE CONCRETE CURB AND GUTTER CITY OF ST. JOSEPH MOBILIZATION TRAFFIC CONTROL INLET PROTECTION STABILIZED CONSTRUCTION EXIT REMOVE SIGN BITUMINOUS MATERIAL FOR TACK COAT COMMON EXCAVATION (P) REMOVE CONCRETE VALLEY GUTTER SAWING CONCRETE PAVEMENT FULL DEPTH RECLAIMATION AGGREGATE SHOULDERING (LV) 1 08/29/2022 Council Agenda Item 4d MEETING DATE: September 6, 2022 AGENDA ITEM: Hires SUBMITTED BY: Administration BACKGROUND INFORMATION: The Council authorized staff to facilitate the hiring process for the Administrative Assistant positions. Twenty-two applications were received for Administrative Assistant. The selection committee/interview panel (City Administrator, Finance Director, City Clerk, and Mayor Schultz who serves on the Personnel Committee) interviewed nine candidates. The selection committee recommends the following hire: •Hire Melissa Bauer as Administrative Assistant at Grade 5, Step 3, $20.99 per hour Administration is requesting approval to hire a fall seasonal recreation employee to help with fall activities. This was budgeted for. •Hire Taylor Nordine as a fall seasonal for the Recreation Department at $12.00/hour. ATTACHMENTS: None REQUESTED COUNCIL ACTION: Authorize the hires as presented. Council Agenda Item 4e MEETING DATE: September 6, 2022 AGENDA ITEM: Temporary On-Sale Liquor Permit SUBMITTED BY: Administration BACKGROUND INFORMATION: Bad Habit Brewing Company applied for a temporary on-sale liquor license for September 24th. White Peony is hosting a grand opening event on their property (next to W|R Home Company). Once approved by the Council, staff will forward to the State for issuance of the permit. ATTACHMENTS: Temporary On-Sale Liquor License Application REQUESTED COUNCIL ACTION: Approve the temporary on-sale liquor license for Bad Habit Brewing for September 24, 2022. Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number Address City State Zip Code Name of person making application Business phone Home phone Date(s) of event Club Charitable Religious Other non-profit Type of organization Organization officer's name City State Zip Code Organization officer's name City State Zip Code Organization officer's name City State Zip Code Location where permit will be used. If an outdoor area, describe. If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. City or County approving the license Date Approved Fee Amount Permit Date Date Fee Paid Signature City Clerk or County Official APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City or County E-mail Address City or County Phone Number CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATION@STATE.MN.US Microdistillery Small Brewer Please Print Name of City Clerk or County Official #1 Page 5 of 6 - July 2022 Council Agenda Item 4f MEETING DATE: September 6, 2022 AGENDA ITEM: St. Joseph Lions Club Donation SUBMITTED BY: Administration/Finance STAFF RECOMMENDATION: Accept cash donation to purchase microphone system. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The St. Joseph Lions are not allowed to make purchases directly with their gambling funds. The Lions would like to donate money for the Wireless Handheld Microphone System H10 Band BLX24 SM58-H10 042406471381 from Al Barrett’s music store. The estimated cost is between $700.00 to $1,100.00 The City would purchase and invoice the Lion’s for the donation. The Lions Club has agreed to cover the cost. The microphone system is not intended for public use but will be available for use by the Lions and City. The Lion’s agree to cover repair costs the City incurs. Council is the sole authority on decisions for future replacements. BUDGET/FISCAL IMPACT: ATTACHMENTS: Resolution 2022-044 Accepting Donation Donation Correspondence REQUESTED COUNCIL ACTION: 1. Adopt Resolution 2022-044 Accepting the Donation; and, Approve purchase of Wireless Handheld Microphone System H10 Band BLX24 SM58- H10 042406471381 from Al Barrett’s music store at an estimated cost between $700.00 to $1,100.00 to be reimbursed to the City by the St. Joseph Lions. RESOLUTION 2022-044 RESOLUTION ACCEPTED DONATION(S) WHEREAS, The City of St. Joseph is generally authorized to accepts gifts and bequests pursuant to Minnesota Statutes Section 465.03 and Minnesota Statutes Section 471.17 for the benefit of its citizens; and WHEREAS, said Minnesota Statute 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and WHEREAS, the following person/persons and/or entity/entities has/have donated real and/or personal property as follows: DONOR METHOD PURPOSE AMOUNT St. Joseph Lions Club Cash Millstream Park Microphone System $700 - $1000 WHEREAS, all such donations have been contributed to assist the various city departments and programs as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA, AS FOLLOWS: 1. The donations described above are accepted. 2. The Finance Department is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donors’ donations. ADOPTED by the City Council this 6th day of September, 2022. CITY OF ST. JOSEPH Rick Schultz, Mayor ATTEST Therese Haffner, Administrator From:Rick Schultz To:Lori Bartlett; Therese Haffner Subject:FW: Lions meeting Date:Sunday, August 21, 2022 8:59:47 AM FYI From: Keith Schleper <drschleper@gmail.com> Sent: Wednesday, August 17, 2022 2:45 PM To: Rick Schultz <rschultz25@msn.com> Subject: Re: Lions meeting The Lions would like to donate money for the Wireless Handheld Microphone System H10 Band BLX24 SM58-H10 042406471381 from Al Barrett’s music store. The city council agrees to purchase the system named above. The lions agree to cover repair cost. The council will take the recommendations from the lions when a new one needs to be purchased in the future. The city will have the right to use and the public is not to use this equipment unless the city will be responsible for repairs needed if the public uses the microphone. Total Control Panel Login To: thaffner@cityofstjoseph.com From: rschultz25@msn.com Remove this sender from my allow list You received this message because the sender is on your allow list. Council Agenda Item MEETING DATE: September 6, 2022 AGENDA ITEM: Small, Rural, and Tribal Law Enforcement Grant (SRT) for Body Worn Cameras (BWC) SUBMITTED BY: Police Department STAFF RECOMMENDATION: Accept grant, and approve grant agreement and purchase of Body Cameras from Motorola Solutions as proposed. PREVIOUS COUNCIL ACTION: In April 2020, the council authorized Police Chief to apply for Body Worn Camera Grant. BACKGROUND INFORMATION: In May 2020, a grant application for body worn cameras was submitted for $10,500 to the Bureau of Justice U.S. Department of Justice (BJA). It was anticipated that private donations would be fund the remainder of the cost since there was interest from private parties to do that. While unsuccessful in receiving this award, we were invited to apply for the micro grant after additional funds were made available. This is a matching grant 1:1 and we recently received notice that we have been awarded the micro grant in the amount of $13,839.50. Motorola Solutions provided a quote for the camera system in the amount of $31,855.50. The City will need to adopt a camera policy which will be brought forth at a future meeting. BUDGET/FISCAL IMPACT: $18,016.00 ($500.00 budgeted & forfeiture fund would be used) ATTACHMENTS: Grant award letter Quote from Motorola Solutions REQUESTED COUNCIL ACTION: Accept grant, and approve grant agreement and purchase of Body Cameras from Motorola Solutions as proposed. 4g Federal Award Number: 2020-BC-BX-K001, October 1, 2020, C.F.D.A. No: 16.835. Federal Award Project Description: The Fiscal Year 2020 Supporting Small and Rural Agency Body-Worn Camera Policy and Implementation Program (SRA-BWC) will provide funding and program development support to small and rural agencies that intend to initiate expanded body-worn camera programs. The provider will be responsible for designing and administering a competitive funding solicitation that distributes micro -grants to qualified small and rural agencies to implement a body-worn camera program. They will also identify the needs of micro-grantee agencies and deliver standard and customized training and technical assistance (TTA) to those agencies. This is not a research and development grant. This project was supported by Grant No. 2020-BC-BX-K001 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the offici al position or policies of the U.S. Department of Justice. Supporting Small, Rural, and Tribal Law Enforcement Agency Body-Worn Camera Policy and Implementation Program SUBAWARD (“MICRO-GRANT”) AGREEMENT BETWEEN St. Joseph Police Department And SUBAWARD INFORMATION Name: St. Joseph Police Department Address: 75 Callaway St St. Joseph, MN 56374 Award Number 28967620 Federal Identification Number 41-6008146 Micro-grantee DUNS/UEI LWYGPN93VLM9 Program Period: Start Date - End Date 01/01/2022-12/31/2024 Total Amount of the Federal Award $ 13,839.50 Match Amount $ 13,839.50 By signing this document, you agree to accept and comply with the award requirements including award conditions, assurances and certifications that were presented within the application portal and the associated attachments, as well as any additional requirements or conditions imposed subsequent to the program start date of this award by DOJ, OJP or JSS on St. Joseph Police Department. These conditions apply during the project period. These requirements encompass financial, administrative, and programmatic matters, including specific restrictions on use of funds in the approved budget. In addition to the specified award conditions, the micro-grantee also agrees to abide by the general Federal award conditions accepted by the prime award agency, Justice & Security Strategies, Inc. which can be found at the following link: https://www.srtbwc.com/wp-content/uploads/2022/03/SRT-BWC-Micro-Grantee-Award-Special-Conditions.pdf. Should St. Joseph Police Department accept the award and then fail to comply with an award requirement, JSS, on behalf of DOJ, will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. AGENCY APPROVAL SUBRECIPIENT ACCEPTANCE Dr. Shellie Solomon, CEO, Justice & Security Strategies, Inc. 1835 E Hallandale Beach Blvd #387, Hallandale Beach, FL 33009 info@srtbwc.com, 888-235-0565 Typed Name and Title of Authorized Subrecipient Official Signature of Approving Official Signature of Authorized Subrecipient Official Date: Date: DocuSign Envelope ID: 5785879B-1E28-4DCD-90F4-5AFC4A7B2F35 Dwight Pfannenstein 8/3/2022 Chief of Police 8/5/2022 1 Attachment A: Award Specific Requirements 1)Body-worn Camera (“BWC”) Policy Review Required in Order to Receive Funding: Micro-grantee is required to successfully demonstrate that they have developed BWC policies that are purposeful, comprehensive, and deliberately designed and acceptable to DOJ’s Office of Justice Programs (OJP) and JSS. All funding except 10% of the total award amount under this micro-grant will be held until Micro-grantee’s BWC policy is approved in writing by JSS. a)If Micro-grantee already developed a BWC policy, JSS must review and approve the policy, and Micro- grantee’s executive officers must certify that their policy was developed in a comprehensive, deliberate, and planned manner, and is consistent with relevant state laws; or b) If Micro-grantee has not yet developed a BWC policy, Micro-grantee must develop a BWC policy as a condition of this micro-grant. Micro-grantee must work with JSS to ensure that policy development is purposeful, comprehensive and deliberate. 2)Monthly Reporting Required: In order to be eligible for reimbursement under this micro-grant, Micro-grantee will be required to submit monthly reports, as well as a final report after the project end date, through the online micro-grant portal no later than dates to be specified by JSS. These reports will require submission of both financial and programmatic information. Micro-grantee must collect and maintain data concerning the work performed under this micro-grant in a manner and timeframes specified by JSS. The financial and programmatic data elements, outputs and outcomes will be outlined by JSS in the online micro-grant portal for this program. 3)Budget and spending restrictions: In addition to all restrictions in funding previously communicated to Micro- grantee, specified in the solicitation or budget submission form for this micro-grant, outlined in the special conditions below, or specified in applicable federal law and regulations, Micro-grantee may not use funds from this micro-grant to pay for: a)Costs associated conferences, including but not limited to costs for hosting, developing, sponsoring, or attending conferences. Important note: Conferences are defined by DOJ to mean “a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non-Federal entity." b)Data storage costs. However, BJA and JSS recognize that BWC systems are often bundled or sold as software-as-a-service (SaaS) with no line-item distinction of data storage costs; therefore, procurements with bundled costs (specifically no line-item storage costs) are permissible for reimbursement, and the agency will not be asked to break out the costs. c)Costs associated with a website, including software development, updating, programming, design, or otherwise any website-related expense. d)Any consultant rate in excess of $650 per day unless approved in writing by JSS prior to expenditure. 4)Audit and monitoring: a)Should Micro-grantee’s audit, if applicable, under Part 2 CFR 200 or related regulations contain findings related to this micro-grant, Micro-grantee understands all payments under this micro-grant may stop until those findings are resolved in a manner approved by JSS. b)Micro-grantee agrees to comply with all micro-grant monitoring guidelines, protocols, and procedures, and to cooperate with JSS and BJA (including its Office of the CFO) on all grant and program monitoring requests, including i.Requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. ii.Providing all documentation requested or otherwise necessary to complete monitoring tasks, by the deadlines set by JSS or BJA. Failure to cooperate with BJA's or JSS’s grant monitoring activities may result in sanctions affecting Micro- grantee’s DOJ awards, including, but not limited to: withholdings and/or other restrictions on access to this or other grant funds; termination of this or other grant awards, referral to the Office of the Inspector General for audit review; designation of Micro-grantee as a DOJ High Risk grantee. 5) Close-out: Micro-grantee will comply with all close-out procedures provided by JSS and submit its final report no later than the date specified by JSS during close-out. DocuSign Envelope ID: 5785879B-1E28-4DCD-90F4-5AFC4A7B2F35 2 Attachment B: Award Specific Requirements Because your organization’s funding (referred to below as a “subgrant” or “micro-grant”) utilizes OJP funds, DOJ requires your organization to comply with certain federal legal requirements in addition to the requirements of your Micro -grant Agreement with JSS. These additional requirements are: 1)Federal rules that apply to this Subgrant: Micro-grantee is required to comply with the federal rules governing the financial management of federal grants like this Subgrant. These rules are called the Uniform Guidance and can be found at 2 CFR 200. The Uniform Guidance contains requirements about how an organization may spend federal funds, the tracking of receipt and spending of federal funds, and other financial requirements. For additional details about these requirements, see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. If you have a question or believe there is a conflict between any documents JSS provides you and the Uniform Guidance, contact JSS immediately for clarification. 2)DOJ Grants Financial Guide: Micro-grantee agrees to comply with the requirements of the DOJ Grants Financial Guide and any updates made to this document, which is located at: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/DOJ_FinancialGuide_1.pdf. 3)Record retention and access: All micro-grantee records of any kind that relate to this Subgrant must be kept by your organization for 3 years from the date you submit your final report at the end of the Subgrant. Micro -grantee records that relate to this Subgrant means any document, record, or data or any kind whatsoever concerning this Subgrant. This includes but is not limited to: agreements, contracts, purchase orders, receipts, reports, financial documents, computer data, personnel files, and any other paper or document related to this Subgrant in an y way. Also, your organization must provide access to these records to JSS, OJP and other federal inspectors and agencies. For more details about this requirement, please see 2 C.F.R. 200.333. The records you must provide access to include performance measurement information about this Subgrant. If micro-grantee is eligible and elects to use an indirect cost rate as described in 2 C.F.R. 200.414(f), micro -grantee must advise JSS in writing that it is eligible and elects to use an indirect cost rate. Micro-grantee must comply with all requirements of 2 CFR Part 200 concerning indirect cost rates. The “de minimis” rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 4)Requirement to report potentially duplicative funding: If micro-grantee currently has other active federal grants, or if micro-grantee receives any other award of federal funds during the period of performance for this micro-grant, micro-grantee promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, micro-grantee must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) and JSS in writing of the potential duplication, and, if so requested by the DOJ awarding agency or JSS, must seek a grant adjustment modification to eliminate any inappropriate duplication of funding. 5)Requirement to report breach of confidential information: Personally Identifiable Information (PII) is information that can be used, by itself or together with other information, to identify someone. The full definition can be found at 2 CFR 200.79. Micro-grantee must have procedures to respond if there is an actual or imminent “breach” of PII if micro-grantee either a) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of PII within the scope of an OJP grant-funded program or activity, or b) uses or operates a "Federal information system," which typically is a database that a federal agency uses. As a law enforcement agency, micro-grantee’s organization collects and maintains PII. Therefore, micro-grantee must have written procedures on how micro-grantee will respond if there is an actual or imminent breach of PII. A breach of PII, as defined in OMB M-17-12, means: The loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where (1) a person other than an authorized user accesses or potentially accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose. DocuSign Envelope ID: 5785879B-1E28-4DCD-90F4-5AFC4A7B2F35 3 Micro-grantee’s procedures required by this section must include a requirement to report an actual or imminent breach to JSS within 12 hours of when it occurs. This is required so that JSS can report the breach to OJP within 24 hours as legally required by OJP. Micro-grantee must contact JSS immediately using the method specified by JSS and no later than 12 hours if a breach of PII occurs or is about to occur to make sure this gets reported to OJP within 24 hours as required. 6)Subgrants: Micro-grantee is not permitted to award subgrants—also referred to as subawards—with the funds from this Subgrant unless you have written approval from JSS in advance of issuing the su baward. 7)Procurement rule—cannot discriminate against associates of the federal government: When buying any goods or services with funds from this micro-grant (this is known as a “procurement transaction”), micro-grantee must not discriminate against any person or business because of their status as an “associate of the federal government” (or because a person or entity is affiliated or owned by such an associate). A person or entity is an “associate of the federal government” if they are engaged or employed (in the past or at present) by or on behalf of the federal government-as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise-in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. 8)Human trafficking: Micro-grantee must comply with all U.S. Department of Justice requirements related to trafficking in persons. This includes, but is not limited to, the requirement micro -grantee and its employees must not engage in: a) Severe forms of trafficking in persons b) Procurement of a commercial sex act c) Use of forced labor in the performance of the Subgrant d) Acts that directly support or advance trafficking in persons. Examples are included in Section B at this website: https://ojp.gov/funding/explore/prohibitedconduct-trafficking Micro-grantee’s full obligations related to prohibited conduct in trafficking in persons can be found at that link above and are incorporated here with this reference. Micro-grantee’s micro-grant can be terminated immediately for violation of these requirements. 9)Rules for trainings developed with funds from this micro -grant: Any training materials micro-grantee develops or delivers with funds from this micro-grant must comply with the Department of Justice OJP training requirements. These requirements include that: a) Trainers comply with the law and cannot discriminate. b) The content of the training and the materials must be accurate, relevant, useful and well-matched to the purpose of the training. c) Trainers must be well-qualified in the subject area. d) Trainers must demonstrate highest standards of professionalism. Details about these requirements can be found here: https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees -Subgrantees.html. 10)Compliance with DOJ Regulations pertaining to civil rights and nondiscrimination: Equal Employment Opportunity: Micro-grantee must uphold all requirements for an equal employment opportunity organization. This means it must comply with all applicable requirements of 28 CFR Part 42, relating to civil rights and nondiscrimination and includes the requirements for equal employment opportunity programs provided in 28 CFR 42 Subpart E if Micro-grantee is required to have such a program. DocuSign Envelope ID: 5785879B-1E28-4DCD-90F4-5AFC4A7B2F35 4 11)Civil Rights: Nondiscrimination on basis of religion: Micro-grantee must comply with all applicable requirements of 28 CFR 38 regarding nondiscrimination on the basis of religion or religious beliefs . 12)Prohibition on using Subgrant funds for lobbying or influencing government officials: Micro-grantee may not use any of the funds from this Subgrant for lobbying, whether directly or indirectly. Lobbying means supporting or opposing the enactment, repeal, modification or adoption of any law, regulation or policy at any level of government. See 18 USC 1913 for additional details. Also, Micro-grantee may not use any of the funds from this Subgrant to pay any person to influence or attempt to influence any federal agency, member of Congress or any of their employees concerning a federal grant, contract, or any other federal award. There are exceptions, including an exception for tribal organizations. See 31 USC 1352 for details. Contact JSS immediately if you have any questions about this section or whether a specific situation falls within these rules. 13)Duty to report fraud, waste, abuse, and misconduct: Micro-grantee must promptly report to the DOJ Office of the Inspector General (OIG) any credible evidence that any person (whether they work for your organization or not) has (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws of fraud, conflict of interest, bribery, gratuity, or similar misconduct, in connection with funds under this award. You can report potential fraud, waste, abuse, or misconduct involving or relating to these Subgrant funds by: (1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select “Submit Report Online”); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Micro-grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Micro-grantee Reporting) at (202) 616- 9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 14)No restriction on reporting fraud, waste or abuse permitted: Micro-grantee may not require any employee or contractor to sign a confidentiality agreement that restricts or bans reporting of waste, f raud or abuse to a federal agency. This does not apply to the federal Standard Forms 312 or 4414 regarding not disclosing certain classified or sensitive information. If JSS learns that micro-grantee is requiring agreements or statements from its employees or contractors that restrict or prohibit reporting of fraud, waste, abuse or misconduct, JSS is required by law to stop all payments under this micro-grant to micro-grantee. 15)No retaliation for reporting gross mismanagement of federal funds: Micro-grantee may not retaliate against an employee for the employee’s disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to pu blic health or safety, or a violation of law, rule, or regulation related to a federal grant. This requires that Micro -grantee comply with applicable provisions of 41 USC 4712. 16)Encouragement to ban text messaging while driving: Micro-grantee is encouraged to adopt and enforce policies banning employees from text messaging while driving and to establish policies and educate its employees to decrease crashes caused by distracted drivers. 17)Requirements if designated “high risk” by a federal agency: If micro-grantee is designated “high risk” by a federal grant-making agency other than DOJ, currently or at any time during the course of this micro -grant, micro- grantee must disclose this and any other information requested immediately to JSS at the contact informati on provided by JSS and to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. “High risk” includes any status under which a federal awarding agency provides additional oversight due to micro-grantee’s past performance, or other programmatic or financial concerns with the micro-grantee. Micro-grantee’s disclosure must include the following: 1. The federal awarding agency that designates micro-grantee high risk, 2. The date micro-grantee was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. Micro - grantee agrees to comply with all additional requirements imposed by OJP or JSS if micro-grantee is designated as high risk by DOJ or any other federal agency. 18)Copyright and data rights: Micro-grantee acknowledges that OJP has a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use for Federal purposes: (1) any copyrighted work DocuSign Envelope ID: 5785879B-1E28-4DCD-90F4-5AFC4A7B2F35 5 developed under this Subgrant; and (2) any rights of copyright to which Micro-grantee purchased with Subgrant funds. Micro-grantee acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under this Subgrant; and (2) authorize others to receive, reproduce, publish, or otherwise use this data for Federal purposes. If Micro-grantee refuses to accept terms affording the Government such rights, JSS is required to report this to OJP and not proceed with an agreement with Micro-grantee. 19)Micro-grantee integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS. Micro-grantee must comply with all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with either this micro-grant or any other grant, cooperative agreement, or procurement contract from the federal government. If the total value of micro-grantee’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then during that period of time, micro-grantee must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the Federal Awardee Performance and Integrity Information System (FAPIIS) about civil, criminal, or administrative proceedings described in this special condition. The details of recipient obligations regarding the required reporting (and updating) of info rmation on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, “FAPIIS”) within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. DocuSign Envelope ID: 5785879B-1E28-4DCD-90F4-5AFC4A7B2F35 DRAFT QUOTE-1827962 ST JOSEPH POLICE DEPT (13) V300 (1) TS (1)SVR EL5 07/25/2022 The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote(“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner toanyone other than those required to evaluate the Information without the express written permission of Motorola.MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are theproperty of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. Shipping Address: ST JOSEPH POLICE DEPT GRANITE ELECTRONICS 535 N 31ST AVE SAINT CLOUD, MN 56303 US Quote Date:07/25/2022 Expiration Date:10/23/2022 Quote Created By: John Bowles Customer Engagement Specialist - MN, ND, SD, WI John.Bowles@ motorolasolutions.com (469) 833-6330 End Customer: ST JOSEPH POLICE DEPT Dwight Pfannenstein dpfannenstein@cityofstjoseph.com 320-363-8250 Payment Terms:30 NET Summary: Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. Line # Item Number Description Qty Term Sale Price Ext. Sale Price Refresh Duration V300 1 BW-ACK-V3-TS V300 TRANSFER STATION II 1 $1,420.00 $1,420.00 2 IV-ACK-BD-V3--- V300 IN-CAR WIFI BASE BUNDLE FOR 4RE 7 $545.00 $3,815.00 3 BW-V30-10-- V300 BODY WORN CAMERA, MAG CHEST MOUNT 13 $945.00 $12,285.00 false Evidence Library: Video Evidence Management 4 HDW-4RE-SRV-004 SVR 1-10 16TBRAID6 WIN10 KBRMONITORMOUSE 1 $5,995.00 $5,995.00 DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 2 Line # Item Number Description Qty Term Sale Price Ext. Sale Price Refresh Duration 5 SVC-4RE-RMT-410 REMOTE DEPLOYMENT, TRAINING, CONFIGURATION AND PROJECT MANAGEMENT 1 $1,500.00 $1,500.00 6 KEY-EL50SRV-001 LICENSE,EL5 SITE LICENSE KEY 1 $1,000.00 $1,000.00 7 SFW-SQL-SRV-161 SOFTWARE, SQL SERVER 2016 W/ 1 CAL 1 Included Included 8 SFW-BWC-DEV-FEE EVIDENCE LIBRARY, VISTA/V300 ANNUAL DEVICE LICENSE & SUPPORT FEE* 13 1 YEAR $195.00 $2,535.00 9 SFW-4RE-DEV-FEE EVIDENCE LIBRARY, 4RE/ M500 ANNUAL DEVICE LICENSE & SUPPORT FEE 7 1 YEAR $195.00 $1,365.00 10 IV-ACK-WF-NS-AP MIKROTIK WIFI KIT SECTOR AP 1 $250.00 $250.00 11 ANT-VEH-05G-001 WIFI VEHICLE ANTENNA 4RE 5GHZ NMO BLACK 7 $41.50 $290.50 14 WGP01393-005-KI WIFI RDIO, MTIK GRV, CONF, 5GH, 802.11N 7 $200.00 $1,400.00 Grand Total $31,855.50(USD) Pricing Summary Sale Price Prorated Price Upfront Costs for Hardware, Accessories and Implementation (if applicable), plus Subscription Fee $32,049.50 $0.00 Grand Total System Price $32,049.50 $0.00 Optional Items: DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 3 Line # Item Number Description Qty Term Sale Price Ext. Sale Price 12 WGA00640-KIT1 V300, USB DOCK, D300, DESK CHGR/UPLD KIT 1 $95.00 $95.00 13 WGP02614 V300, BATT, 3.8V, 4180MAH 1 $99.00 $99.00 Optional Items Total $194.00 Notes: ● Additional information is required for one or more items on the quote for an order. ● Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax,sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will be added toinvoices. ● Unless otherwise noted in this quote / order, installation of equipment is not included. DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800 Page 4 1EVIDENCE LIBRARY 5 SOLUTION DESCRIPTION Evidence Library 5 simplifies evidence management, automates data maintenance, and facilitates management of your department’s devices. It is compatible with V300 and VISTA body-worn cameras, as well as M500 and 4RE in-car video systems, enabling you to upload video evidence quickly and securely. The optional SmartControl and SmartConnect smart device applications support live video streaming from body-worn cameras, allowing personnel to view footage captured by the cameras in the app. VIDEO EVIDENCE MANAGEMENT Evidence Library 5 delivers benefits to all aspects of video evidence management. From streamlining the evidence review process to automatically maintaining your stored data, Evidence Library 5 makes evidence management as efficient as possible. With Evidence Library 5, you minimize the amount of time spent manually managing evidence, allowing your team to spend more time in the field. SIMPLIFIED EVIDENCE REVIEW Evidence Library 5 makes evidence review easier by allowing you to upload captured video and audio from your in-field devices, sharing important information that groups relevant evidence together. This information includes a recording’s date and time, device used to capture, event ID, officer name, and event type. Incidents recorded from several devices can be found easily and viewed at the same time, eliminating the task of reviewing irrelevant footage. Its built-in media player includes a visual display of incident data, allowing you to view moments of interest, such as when lights, sirens, or brakes were activated during the event timeline, status of cameras and microphones, and patrol speed graph. Other relevant files, such as PDFs, spreadsheets, reports, third-party videos, audio recordings, pictures, drawings, and applicable external files can also be grouped together and stored under a specific case entry, allowing all pertinent information to be stored together in Evidence Libra ry. EASY EVIDENCE SHARING Evidence Library 5 empowers you to easily share information in the evidence review or judiciary sharing process by exporting evidence data. It is capable of searching for data using various criteria, including import, export, playback, download, share, and modification dates, allowing users to quickly find relevant evidence. DRAFT QUOTE-1827962 (13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 5 AUTOMATIC DATA MAINTENANCE Evidence Library 5 lets you automatically organize the evidence data you store, allowing you to save time that would be spent manually managing it. It can schedule the automatic movement or purging of events on any basis, based on how you want to configure the system. Security groups and permissions are easily set up in Evidence Library 5, allowing you to grant individuals access to evidence on an as-needed basis. INTEGRATION WITH IN-CAR AND BODY-WORN CAMERAS Officers on the road are able to automatically upload encrypted video from in-car systems and body cameras. This eliminates the need for trips to and from the station solely for uploading data into the system. Video and audio captured by M500, V300, 4RE and VISTA camera systems are automatically linked in Evidence Library 5 based on time and location. You can then utilize synchronized playback and export of video and audio from multiple devices in the same recording group, where video and audio streams can be matched together. OPTIONAL LIVE VIDEO STREAMING Evidence Library 5 integrates with SmartControl, an optional mobile application for Android and iOS that allows officers to review video evidence from their smartphone or tablet while they’re still in the field. SmartControl also allows officers to categorize recordings using event tags, stream live video from, and change camera settings, such as adjusting field of view, brightness, and audio levels. SmartConnect, an optional smartphone application, provides VISTA body-worn camera users with immediate in-field access to their body cameras. SmartConnect includes the ability to pair with VISTA cameras, adjust officer preferences, categorize recordings with incident IDs and case numbers, and play back recordings. DEVICE M ANAGEMENT Agencies using Evidence Library 5 can assign users to devices, track them, and streamline shift changes. You can easily manage, configure, update firmware, and deploy in-car and body-worn cameras. Individual preference settings can be configured based on user profiles, allowing quick device transactions within a pooled or assigned device system. Evidence Library 5 also enables devices to be quickly exchanged between officers during shift changes. This minimizes the number of devices needed for your fleet. DEVICE TRACKING You can easily manage, configure, and deploy your in-car and body-worn cameras in Evidence Library 5. Devices can be assigned to personnel within Evidence Library 5 and tracked, helping agencies keep track of which users have specific devices. DRAFT QUOTE-1827962 (13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 6 FASTER SHIFT CHANGES Evidence Library 5’s Rapid Checkout Kiosk feature allows agencies using a pooled camera system to use fewer cameras. Cameras can be checked out at the start of a shift using an easy-to-use interface. At the end of the shift, the camera can be returned to its dock, where the video is automatically uploaded and the camera is made ready to be checked out and used for the next shift. Devices can also be configured to remember individual preference settings for each user, including haptic and audible alert volume level, screen brightness and camera aim. These settings are applied whenever a device is assigned to a specific officer. A variety of settings within Evidence Library 5 also enable you to configure devices to operate in alignment with your agency’s policies and procedures. DRAFT QUOTE-1827962 (13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 7 1V300 BODY-WORN CAMERA SOLUTION DESCRIPTION The WatchGuard V300 HD Body-Worn Camera captures clear video and audio of every encounter from the user’s perspective. Its continuous-operation capabilities allow constant recording, helping the user to capture every detail of each situation and create a reliable librar y of evidence for case-building and review. The V300 is easy to operate, with four control buttons. Its built-in Record-After-the-Fact® (RATF) technology enables the device to capture important video evidence that can be retrieved hours or days after an incident occurs, even if a recording is not triggered by the user or sensor. With RATF, officers can prioritize response to immediate threats over manually activating their camera. KEY FEATURES OF THE V300 Detachable Battery - The V300’s detachable battery allows officers to switch to a fully-charged battery if their shift goes longer than expected. And since batteries can charge without being attached to a camera, they can be kept fully charged and ready to go in a dock for use. This feature is especially helpful for agencies that share cameras among multiple officers. Wireless Uploading - Recordings made by the V300 can be uploaded to your agency’s evidence management system via WiFi or LTE networks. This enables easy transfer of critical recordings to headquarters for immediate review or long-term storage. Data Encryption - The V300 uses FIPS-140-2 compliant encryption at rest and in transit. This ensures that recordings made by your agency’s officers are secure from unauthorized access. Record-After-The-Fact® - Our patented Record-After-the-Fact® technology records even when the recording function isn’t engaged. These recordings are uploaded to the evidence management system and allow users to review important evidence that was captured days before. Natural Field of View - The V300 eliminates the fisheye effect from wide-angle lenses that warps video footage. Distortion correction ensures a clear and complete evidence review process. SmartControl Application - Motorola’s SmartControl Application allows V300 users to tag and preview video, livestream from the camera to the app, adjust vertical field of view, and change camera settings. This application is available for iOS and Android. In-Field Tagging – The V300 enables easy in-field event tagging. It allows officers to view event tags and save them to the appropriate category directly from the camera or via smartphone application. This is made easier in conjunction with an integrated in-car video recording system. Auto Activation - Multiple paired V300 cameras and in-car systems can form a recording group, which can automatically start recording when one of the group devices starts a recording. They can be configured to initiate group recording using triggers like lights, sirens, doors , gun racks, and other auxiliary inputs. Up to eight V300 cameras can also collaborate on recordings without an in-car system, using similar triggers. Group recordings are uploaded and automatically linked in DEMS as part of one incident. DRAFT QUOTE-1827962 (13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 8 V300 AND IN-CAR VIDEO INTEGRATION The V300 integrates seamlessly with the M500 and 4RE In-Car Video System, capturing video of an incident from multiple vantage points. With these in-car video systems, all critical functions are never more than three taps away. This integration includes the following features: Distributed Multi-Peer Recording - Multiple V300 cameras and in-car systems can form a recording group and, based on configuration, automatically start recording when one of the group devices begins recording. Group recordings are uploaded and automatically linked in DEMS as part of one incident. Automatic Tag Pairing - Recordings captured by integrated in-car systems and V300 cameras can be uploaded to DEMS with the same tags automatically. From the in-car system’s display, the videos can be saved under the appropriate tag category. The tag is then automatically shared with the V300 video and is uploaded as part of one incident, along with the officer’s name. Evidence Management Software - When body-worn and in-car cameras both record the same incident, Motorola’s evidence management software automatically links those recordings based on officer name, date, and time overlap associated with the devices. Additional Audio Source - The V300 can serve as an additional audio source when integrated with the in-car video system. The V300 also provides an additional view of the incident and inherits the event properties of the in-car system’s record, such as officer name, event category, and more, based on configuration. V300 AND APX RADIO INTEGRATION Motorola’s APX two-way radios and the V300 Body-Worn Cameras are able to work together to capture video evidence. When the APX’s emergency mode button is pressed, the V300 is automatically triggered to capture video evidence. The recording will continue until stopped by the officer via the start/stop button on the V300 or group in-car video system. HOLSTER AWARE INTEGRATION V300 integrates with Holster Aware, a holster sensor that automatically prompts the V300 to record the moment holstered equipment is drawn. All sensor and V300 associations can be managed within any DEMS. This sensor allows officers to record high-stress events as they unfold, without having to sacrifice situational awareness by manually activating the V300. DOCKING STATIONS The V300 has three docking options: Transfer Station - The Transfer Station is built for large, multi-location agencies with large numbers of V300 cameras in service at any given time. It can charge up to eight fully assembled cameras or individual battery packs. Each of the eight docking slots includes an LED indication of battery charging status and upload status. While a V300 is being charged, the Transfer Station can automatically offload its recording to Evidence Management DRAFT QUOTE-1827962 (13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 9 Solution via an integrated 10Gb/1Gb connection to the local area network (LAN). The Transfer Station connects directly to the local area network for fast offload of recorded events to storage while charging the camera battery. The Transfer Station supports comprehensive device management capabilities, such as camera configuration, checkout and officer assignment options; rapid checkout, kiosk, and individual camera checkout; automatic firmware and configuration updates. USB Base - The USB Base charges the battery of a single V300 camera or a standalone battery pack. The USB Base can be mounted in a vehicle or attached to a desktop or Mobile Data Computer, with 12V or a USB connection for power. It has LED indications of battery charging status and upload, and an ambient light sensor for optimal LED brightness control, from the bright sunlight, to the dim interior of a patrol car. When connected to a laptop or desktop, the USB Base can be used to upload recordings to an evidence management system, receive firmware and configuration updates. Wi-Fi Base - The Wi-Fi Base is mounted in the vehicle. It facilitates V300 upload of evidence to evidence management system, firmware updates, communication between V300 and in-car group devices, charges fully assembled V300 cameras or individual battery packs and more. It has LED indications of battery charging status and upload, and an ambient light sensor for optimal LED brightness control, from the bright sunlight, to the dim interior of a patrol car. DRAFT QUOTE-1827962 (13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 10 VIDEO EVIDENCE STATEMENT OF WORK Overview In accordance with the terms and conditions of the Agreement, this Statement of Work (“SOW”) defines the principal activities and responsibilities of all parties for the delivery of the Motorola Solutions, Inc. (“Motorola”) system as presented in this offer to the Customer(hereinafter referred to as “Customer”). For the purposes of this SOW, Motorola may include our affiliates, subcontractors, and third-party partners, as the case may be. Deviations and changes to this SOW are subject to mutual agreement between Motorola and the Customer and will be addressed in accordance with the change provisions of the Agreement. Unless specifically stated, Motorola work will be performed remotely. Customer will provide Motorola resources with direct network access sufficient to enable Motorola to fulfill its delivery obligations. The number and type of software or subscription licenses, products, or services provided by or on behalf of Motorola are specifically listed in the Agreement and any reference within this SOW, as well as subcontractors’ SOWs (if applicable), does not imply or convey a software or subscription license or service that is not explicitly listed in the Agreement. AWARD, ADMINISTRATION, AND PROJECT INITIATION Project Initiation and Planning will begin following execution of the Agreement. Following the conclusion of the Welcome/IT Call, Motorola project personnel will communicate additional project information via email, phone call, or additional ad- hoc meetings. Motorola utilizes Google Meet as its teleconference tool. If Customer desires a different teleconference tool, Customer may provide a mutually agreeable alternate tool at Customer expense. PROJECT MANAGEMENT TERMS The following project management terms are used in this SOW. Since these terms may be used differently in other settings, these definitions are provided for clarity. Deployment Date(s) refers to any date or range of dates when implementation, configuration, and training will occur. The deployment date(s) is subject to change based on equipment or resource availability and Customer readiness. COMPLETION CRITERIA Motorola Integration Services are complete upon Motorola performing the last task listed in a series of responsibilities or as specifically stated in the deployment checklist. Certain Customer tasks, such as hardware installation activities identified in Section 1.9 of this SOW, must be completed prior to Motorola commencing with its delivery obligations. Customer will provide Motorola written notification that it does not accept the completion of Motorola responsibilities or rejects a Motorola service deliverable within five business days of task completion or receipt of a deliverable, whichever may be applicable. DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 11 Service completion will be acknowledged in accordance with the terms of the Agreement and the Service Completion Date will be memorialized by Motorola and Customer in a writing signed by both parties. PROJECT ROLES AND RESPONSIBILITIES OVERVIEW MOTOROLA PROJECT ROLES AND RESPONSIBILITIES A Motorola team, made up of specialized personnel, will be assigned to the project under the direction of the Motorola Project Manager. Team members will be multi-disciplinary and may fill more than one role. Team members will be engaged in different phases of the project as necessary. In order to maximize efficiencies, Motorola’s project team will provide services remotely via teleconference, web-conference, or other remote method in fulfilling its commitments as outlined in this SOW. The personnel role descriptions noted below provide an overview of typical project team members. One or more resources of the same type may be engaged as needed throughout the project. There may be other personnel engaged in the project at the discretion of and under the direction of the Project Manager. Motorola’s project management approach has been developed and refined based on lessons learned in the execution of hundreds of system implementations. Using experienced and dedicated people, industry- leading processes, and integrated software tools for effective project execution and control, we have developed and refined practices that support the design, production, and testing required to deliver a high-quality, feature-rich system. Project Manager A Motorola Project Manager will be assigned as the principal business representative and point of contact for Motorola. The Project Manager’s responsibilities include the following: •Host the Welcome/IT Call. •Manage the Motorola responsibilities related to the delivery of the project. •Coordinate schedules of the assigned Motorola personnel and applicable subcontractors/supplier resources. •Manage the Change Order process per the Agreement. •Maintain project communications with the Customer. •Identify and manage project risks. •Collaborative coordination of Customer resources to minimize and avoid project delays. •Conduct remote status meetings on mutually agreed dates to discuss project status. •Provide timely responses to issues related to project progress. System Technologists The Motorola System Technologists (ST) will work with the Customer project team on system provisioning. ST responsibilities include the following: •Provide consultation services to the Customer regarding the provisioning and operation of the Motorola system. •Provide provisioning and training to the Customer to set up and maintain the system. •Complete the provisioning ownership handoff to the Customer. DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 12 •Complete the project-defined tasks as defined in this SOW. •Confirmation that the delivered technical elements meet contracted requirements. •Engagement throughout the duration of the delivery. Technical Trainer / Instructor The Motorola Technical Trainer / Instructor provides training either on-site or remote (virtual) depending on the training topic and deployment type purchased. Responsibilities include: •Review the role of the Learning eXperience Portal (“LXP”) in the delivery and provide Customer Username and Access Information. CUSTOMER PROJECT ROLES AND RESPONSIBILITIES OVERVIEW The success of the project is dependent on early assignment of key Customer resources. In many cases, the Customer will provide project roles that correspond with Motorola’s project roles. It is critical that these resources are empowered to make decisions based on the Customer’s operational and administration needs. The Customer’s project team should be engaged from project initiation through beneficial use of the system. The continued involvement in the project and use of the system will convey the required knowledge to maintain the system post-completion of the project. In some cases, one person may fill multiple project roles. The project team must be committed to participate in activities for a successful implementation. In the event the Customer is unable to provide the roles identified in this section, Motorola may be able to supplement Customer resources at an additional price. Project Manager The Project Manager will act as the primary Customer point of contact for the duration of the project. The Project Manager is responsible for management of any third-party vendors that are the Customer’s subcontractors. In the event the project involves multiple locations, Motorola will work exclusively with a single Customer-assigned Project Manager (the primary Project Manager). The Project Manager’s responsibilities include the following: •Communicate and coordinate with other project participants. •Manage the Customer project team, including timely facilitation of efforts, tasks, and activities. •Maintain project communications with the Motorola Project Manager. •Identify the efforts required of Customer staff to meet the task requirements in this SOW and identified in the Welcome/IT Call. •Consolidate all project-related questions and queries from Customer staff to present to the Motorola Project Manager. •Approve a deployment date offered by Motorola. •Monitor the project to ensure resources are available as required. •Attend status meetings. •Provide timely responses to issues related to project progress. •Liaise and coordinate with other agencies, Customer vendors, contractors, and common carriers. •Review and administer change control procedures, hardware and software certification, and all related project tasks required to meet the deployment date. •Ensure Customer vendors’ readiness ahead of the deployment date. •Assign one or more personnel who will work with Motorola staff as needed for the duration of the project, including at least one Application Administrator for the system and one or more representative(s) from the IT department. DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 13 •Identify the resource with authority to formally acknowledge and approve change orders, completion of work, and payments in a timely manner. •Provide building access to Motorola personnel to all Customer facilities where system equipment is to be installed during the project. Temporary identification cards are to be issued to Motorola personnel, if required for access to facilities. •Ensure remote network connectivity and access to Motorola resources. •Provide reasonable care to prevent equipment exposure to contaminants that cause damage to the equipment or interruption of service. •Ensure a safe work environment for Motorola personnel. •Identify and manage project risks. •Point of contact to work with the Motorola System Technologists to facilitate the training plan. IT Support Team The IT Support Team (or Customer designee) manages the technical efforts and ongoing tasks and activities of their system. Manage the Customer-owned provisioning maintenance and provide required information related to LAN, WAN, wireless networks, server, and client infrastructure. They must also be familiar with connectivity to internal, external, and third-party systems to which the Motorola system will interface. The IT Support Team responsibilities include the following: •Participate in overall delivery and training activities to understand the software, interfaces, and functionality of the system. •Participate with the Customer subject matter experts during the provisioning process and training. •Authorize global provisioning choices and decisions, and be the point(s) of contact for reporting and verifying problems and maintaining provisioning. •Obtain inputs from other user agency stakeholders related to business processes and provisioning. •Implement changes to Customer owned and maintained infrastructure in support of the Evidence Management System installation. Subject Matter Experts The Subject Matter Experts (SME or Super Users) are the core group of users involved with delivery analysis, training, and the provisioning process, including making global provisioning choices and decisions. These members should be experienced users in the working area(s) they represent (dispatch, patrol, etc.), and should be empowered to make decisions related to provisioning elements, workflows, and department policies related to the Evidence Management System. General Customer Responsibilities In addition to the Customer Responsibilities stated elsewhere in this SOW, the Customer is responsible for the following: •All Customer-provided equipment, including hardware and third-party software, necessary for delivery of the System not specifically listed as a Motorola deliverable. This will include end user workstations, network equipment, camera equipment and the like. •Configuration, maintenance, testing, and supporting the third-party systems the Customer operates which will be interfaced to as part of this project. •Communication between Motorola and Customer’s third-party vendors, as required, to enable Motorola to perform its duties. DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 14 •Active participation of Customer SMEs in project delivery meetings and working sessions during the course of the project. Customer SMEs will possess requisite knowledge of Customer operations and legacy system(s) and possess skills and abilities to operate and manage the system. •Electronic versions of any documentation associated with the business processes identified. •Providing a facility with the required computer and audio-visual equipment for training and work sessions. •Ability to participate in remote project meeting sessions using Google Meet or a mutually agreeable, Customer-provided, alternate remote conferencing solution. PROJECT PLANNING A clear understanding of the needs and expectations of both Motorola and the Customer are critical to fostering a collaborative environment of trust and mutual respect. Project Planning requires the gathering of project-specific information in order to set clear project expectations and guidelines, and set the foundation for a successful implementation. WELCOME/IT CALL - TELECONFERENCE/WEB MEETING A Project Planning Session teleconference will be scheduled after the Agreement has been executed. The agenda will include the following: •Review the Agreement documents. •Review project delivery requirements as described in this SOW. •Provide shipping information for all purchased equipment. •Discuss deployment date activities. •Provide assigned technician information. •Review IT questionnaire and customer infrastructure. •Discuss which tasks will be conducted by Motorola resources. •Discuss Customer involvement in provisioning and data gathering to confirm understanding of the scope and required time commitments. •Review the initial project tasks and incorporate Customer feedback. •Confirm CJIS background investigations and fingerprint requirements for Motorola employees and/or contractors. Required fingerprints will be submitted on Motorola provided FBI FD-258 Fingerprint cards. •Review the On-line Training system role in project delivery and provide Customer User Name and Access Information. •Discuss Motorola remote access requirements (24-hour access to a secured two-way Internet connection to the Motorola system firewalls for the purposes of deployment, maintenance, and monitoring). •Discuss Customer obligation to manage change among the stakeholder and user communities. •Review deployment completion criteria and the process for transitioning to support. Motorola Responsibilities •Host Welcome/IT Call. •Request the attendance of any additional Customer resources that are instrumental in the project's success, as needed. •Review Motorola’s delivery approach and its reliance on Customer-provided remote access. •Provide Customers with steps to follow to register for Online Training. •Request user information required to establish the Customer in the LXP. DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 15 Customer Responsibilities Complete the Online Training registration form and provide it to Motorola within ten business days of the Project Planning Session. •Review the received (as part of order) and completed IT questionnaire. •Provide a customer point of contact for the project. •Provide data for completing the policy validation form. •Provide LXP user information as requested by Motorola. •Verify Customer Administrator(s) have access to the LXP. Motorola Deliverables •Welcome Call presentation and key meeting notes •Send an email confirming deployment date and ST assigned email •Communicate with the Customer via email confirming shipment and tracking information. •Instruct the Customer on How to Register for Training email. •Provide and review the Training Plan. SOLUTION PROVISIONING Solution provisioning includes the configuration of user configurable parameters (unit names, personnel, and status codes). The system will be provisioned using Motorola standard provisioning parameters and will incorporate Customer-specific provisioning. IN-CAR VIDEO PROVISIONING SCENARIO If in-car video is a part of the system, the Motorola Application Specialist will complete the following provisioning tasks. Motorola Responsibilities •Conduct a remote review of the standard provisioning database with the Customer prior to the start of provisioning. •Provide and review the Provisioning Export Worksheets with the Customer. •Conduct a conference call with the Customer to review the completeness of the Provisioning Export Worksheets prior to the start of provisioning. BODY WORN CAMERA PROVISIONING SCENARIO If body worn cameras are a part of the system, the provisioning of the in-car system will generally follow the completion of the base in-car video provisioning. Motorola Responsibilities Configure transfer stations for connectivity to the evidence management server. •Configure devices within the evidence management system. •Check out devices and create a test recording. DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 16 •Verify successful upload from devices after docking back into the transfer station or USB dock. SOFTWARE INSTALLATION REMOTE SOFTWARE INSTALLATION Client software will be installed one workstations and up to 5 mobile devices to facilitate provisioning training to Customer personnel. Customer will complete software installation on the remaining workstations and cameras. Motorola Responsibilities •Verify system readiness. •Request client software. •Deliver the pre-installation preparation checklist. •Provide instruction on client software installation and install client software on one workstation and up to five mobile devices. •Provide instruction on client software deployment utility. Customer Responsibilities •Provide and install workstation/mobile device hardware in accordance with specifications. •Assign personnel to observe software installation training. •Complete installation of client software on remaining workstations and mobile devices. •Access online training resources identified in the Welcome/IT Call. Motorola Deliverables •Provide a pre-installation preparation checklist. •Installation Guide. •Provide training overviews on hardware/software and system administration for customers during deployment dates. INFRASTRUCTURE VALIDATION Hardware will be installed on the network to facilitate provisioning, testing, and will be used to provide instruction to Customer personnel after the complete software installation. Motorola Responsibilities •Verify that the server is properly racked and connected to the network. •Verify that access points are properly installed and connected to the network. •Verify that transfer stations are connected to the network and configured. Customer Responsibilities DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 17 •Verify that the server network has access to the internet for software installation and updates. •Verify that the network routing is correct for the transfer stations and access points to communicate with the server. •Verify that the client computers can access the server on the required ports. HARDWARE INSTALLATION Physical installation of hardware (i.e. servers, cameras, Access Points, WiFi docs, etc.) is not included in the standard scope of the solution. If a custom quote for installations is included in this purchase, Motorola will manage the subcontractor and their deliverables as part of this SOW. Customers who perform or procure their own installations assume all installation responsibilities including cost, oversight and risk. SYSTEM TRAINING Motorola training consists of both computer-based (online) and instructor-led (on-site or remote). Training delivery methods vary depending on course content. Self-paced online training courses, additional live training, documentation, and resources can be accessed and registered for on the Motorola’s LXP. ONLINE TRAINING Online training is made available to the Customer via Motorola’s LXP. This subscription service provides the Customer with continual access to our library of online learning content and allows users the benefit of learning at times convenient to them. Content is added and updated on a regular basis to keep information current. This training modality allows the Customer to engage in training when convenient. A list of available online training courses can be found in the Training Plan. Motorola Responsibilities •Designate a LXP Administrator to work with the Customer. •Establish an accessible instance of the LXP for the Customer. •Organize content to align with the Customer’s selected technologies. •Create initial Customer user accounts and a single Primary Administrator account. •During on-boarding, assist the Customer with LXP usage by providing training and job aids as needed. •Create and maintain user role Learning Paths defined by the Customer. •Install security patches when available. •Provide technical support for user account and access issues, base system functionality, and Motorola Solutions-managed content. •Monitor the Learning Subscription server. Provide support for server incidents. Customer Responsibilities •Provide user information for the initial creation of accounts. •Provide network and internet connectivity for the Customer’s users to access the LXP. •The customer's primary LXP administrator should complete the following self-paced training: LXP Introduction online course (LXP0001), LXP Primary Site Administrator Overview online course (LXP0002), and LXP Group Administrator Overview (LXP0003) •Advise agency learners of the availability of training via the LXP. •Ensure users complete LXP training in accordance with the Project Schedule. •Order and maintain subscriptions to access Motorola’s LXP. DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 18 •Contact Motorola Solutions to engage Technical Support when needed. Motorola Deliverables •LXP Enable INSTRUCTOR-LED TRAINING (ONSITE AND REMOTE) A list of Instructor-Led and Virtual Instructor-Led courses can be found in the Training Plan. Motorola Responsibilities •Deliver User Guides and training materials in electronic .PDF format. •Perform training in accordance with the Training Plan. •Provide Customer with training Attendance Rosters and summarize any pertinent observations that may impact end user training. Customer Responsibilities •Supply classrooms with a workstation for the instructor (if Onsite) and at least one workstation for every student based on the requirements listed in the Training Plan. •Designate training representatives who will work with the Motorola trainers in the delivery of training. •Conduct end user training in accordance with the Project Schedule. Motorola Deliverables •Electronic versions of User Guides and training materials. •Attendance Rosters. •Technical Training Catalog. FUNCTIONAL VALIDATION AND PROJECT CLOSURE The objective of Functional Validation is to demonstrate the features and functions of the system in the Customer’s provisioned environment. The functional demonstration may not exercise all functions of the system, if identified as not being applicable to the Customer’s operations or for which the system has not been provisioned. The functional demonstration is a critical activity that must occur following the completion of provisioning. Motorola Responsibilities •Conduct a power on functional demonstration of the installed system per the deployment checklist •Manage to resolution any documented punch list items noted on the deployment checklist. •Provide trip report outlining all activities completed during the installation as well as outstanding follow up items •Provide an overview of the support process and how to request support. •Walk through support resources, web ticket entry and escalation procedures. •Provide a customer survey upon closure of the project. Customer Responsibilities DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 19 •Witness the functional demonstration and acknowledge its completion via signature on the deployment checklist. •Participate in prioritizing the punch list. •Coordinate and manage Customer action as noted in the punch list. •Provide signatory approval on the deployment checklist providing Motorola with final acceptance. •Complete Customer Survey. DRAFT QUOTE-1827962(13) V300 (1) TS (1)SVR EL5 Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. Page 20 Purchase Order Checklist Purchase Order Checklist Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this) PO Number/ Contract Number PO Date Vendor = Motorola Solutions, Inc. Payment (Billing) Terms/ State Contract Number Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO ) PO Amount must be equal to or greater than Order Total Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone # Tax Exemption Status Signatures (As required) Council Agenda Item 4h ______ MEETING DATE: September 6, 2022 AGENDA ITEM: Budget Transfers SUBMITTED BY: Administration/Public Works/Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: The Council hired a full-time mechanic in 2022. Council adopted 2022 budget in Dec. 2021. BACKGROUND INFORMATION: Budget Transfers: Since hiring a full-time mechanic, a lot of needed maintenance has been completed on city vehicles. Some maintenance was postponed until now when it is more efficient and cost effective with city staff versus outsourcing the job. The mechanic has hit the ground running since starting in mid-July. Public Works identified budget line items for vehicle repairs and maintenance will be over-spent as Derrick works through some of the jobs that were postponed until he came on board. To offset these costs, Ryan proposes shifting some of his equipment reserve budget line items to the general fund. The second budget transfer is to move some of the council travel and conference budget to the mayor budget. When the budget was set for 2022, these line items were reduced based on recent history of travel and conference fees of members. Travel and conference expenditures to date include the February LMC elected leader conferences, June LMC conference and July CGMC conference. The remaining conferences members have attended include the LMC Mayor’s conference in September and November CGMC conference. New in 2022, Mayor Schultz was appointed to the LMC Board and is still a member of the CGMC Board. These appointments require a few meetings during the year. The travel costs for the LMC meetings were not budgeted for. If council members are not attending any further conferences this fall, the budget travel and conference fees could be moved to the Mayor for his remaining meetings and the LMC Mayor’s conference. BUDGET/FISCAL IMPACT: $21,200 budget line items between funds ATTACHMENTS: 2022 Transfers REQUESTED COUNCIL ACTION: Authorize the 2022 transfers as presented. City of St. Joseph, Minnesota Budget Transfers Requested September 6, 2022 for 2022 Financial Year Fund Description Amount In Amount Out Purpose Budget 490 Shop Unexpected Breakdowns 17,500.00 Move money from the general 490 Parks Future Improvements 2,500.00 equipment reserve accounts to fund 101 Streets Vehicle R&M 2,500.00 vehicle R&M now that a mechanic is 101 Ice & Snow Removal Vehicle R&M 15,000.00 hired. Some equipment was past due 101 Parks Vehicle R&M 2,500.00 awaiting repairs and maintenance. 101 Council Per Diem 1,200.00 move unspent council travel budget 101 Mayor Per Diem 1,200.00 to the Mayor for fall CGMC/LMC conferences and meetings 21,200.00 21,200.00 Council Agenda Item MEETING DATE: September 6, 2022 AGENDA ITEM: Park Board Ordinance SUBMITTED BY: Administration STAFF RECOMMENDATION: Direct staff to draft amendments to the Park Board Ordinance. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: For the last year, there has not been full attendance at Park Board meetings and even times when there is not a quorum. The City’s Park Board ordinance establishes a 7- member board, one in which is a council member who has no voting rights. Staff reached out to City Attorney Sue Dege regarding clarification on a quorum. Legal counsel clarified that since the council member has no voting rights, they should not be counted toward the achievement of a quorum. By statute, the park board should have 3, 5, 7 or 9 members. The standard rule applicable to most boards is that a majority of the voting members (whether present or not) constitutes a quorum. This standard rule should be applied unless the authorizing documents (in this case the ordinance), establishes a different rule for determining a quorum. In this case, 4 voting members must be present to have a quorum because that is a majority of the 6 voting members. Then 3 of the 4 would have to vote in favor of anything in order for it to pass. Sue Dege recommends the ordinance be amended to either allow the council liaison to vote, or to reduce the number of voting members to an odd number. Staff recommends the ordinance be amended to reduce the number of voting members to 5 due to member attendance issues. BUDGET/FISCAL IMPACT: ATTACHMENTS: Ordinance 203 Park Board REQUESTED COUNCIL ACTION: Direct staff to draft amendments to the Park Board Ordinance. 5a CHAPTER II – OPERATIONS, ADMINISTRATION & ORGANIZATION 203-0 ORDINANCE 203 PARK BOARD ....................................................................................... 203-1 Section 203.01: MEMBERS AND TERMS ................................................................... 203-1 Section 203.02: OFFICERS ............................................................................................ 203-1 Section 203.03: MEETINGS .......................................................................................... 203-1 Section 203.04: REPORTS ............................................................................................. 203-1 Section 203.05: DUTIES AND RESPONSIBILITIES .................................................. 203-2 Section 203.06: LIMITATIONS ..................................................................................... 203-2 CHAPTER II – OPERATIONS, ADMINISTRATION & ORGANIZATION 203-1 ORDINANCE 203 PARK BOARD Section 203.01: MEMBERS AND TERMS. There shall be established a Park Board consisting of seven members appointed by the Mayor with the approval of the City Council. Subd. 1: Six members of the Board shall be residents of the City of St. Joseph who shall be appointed for a term of three calendar years. The terms of these members shall be staggered so that no more than two members shall have terms expiring in any given year. To achieve staggered terms, some of the initial appointments may be for a term of less than three years. Members shall serve until their successor is appointed and qualified. Members shall receive compensation as may be established by resolution of the City Council. Members may be removed by the Mayor with approval of the City Council. Subd. 2: The remaining member of the Park Board shall be appointed annually by the City Council and shall be one of its own members. The City Council member of the Board shall not have voting powers and shall serve a term of only one year. Section 203.02: OFFICERS. The Board shall elect from its members a Chair, Deputy Chair and Secretary for a term of one year. The Chair shall preside over all meetings, represent the Park Board before the City Council, and undertake such other responsibilities as may be delegated or authorized by the By-Laws of the Park Board. The Deputy Chair shall assume the duties of the Chair in the Chair's absence. The Secretary shall prepare agendas for meetings and maintain records of business transacted by the Park Board. Section 203.03: MEETINGS. The Park Board shall hold at least one regular meeting during every three month period. It shall adopt rules and by-laws for the transaction of business. Section 203.04: REPORTS. Subd. 1: On or before the second Council meeting of January of each year, the Park Board shall file a statement of receipts and expenditures incurred during the previous calendar year. The Park Board shall maintain records to document each receipt and expenditure to support the annual statement. Subd. 2: On or before August 1st of each calendar year, the Park Board shall deliver to the City Administrator/Clerk a proposed operating budget for the upcoming calendar year. The budget shall be considered and approved by the City Council prior to its implementation. Any changes or amendments in the operating budget of the Park Board shall be resubmitted to the City Council for approval. CHAPTER II – OPERATIONS, ADMINISTRATION & ORGANIZATION 203-2 Section 203.05: DUTIES AND RESPONSIBILITIES. The Park Board shall have the following duties and responsibilities, subject to the restrictions contained in Section 23.6: Subd. 1: The Park Board may acquire land for park purposes. Subd. 2: The Park Board shall assert control and authority over property set aside for park purposes. Subd. 3: The Park Board shall interview and recommend the employment of necessary personnel, and recommend compensation for personnel. Subd. 4: The Park Board shall direct the construction of facilities and improvements to park property. Subd. 5: The Park Board shall purchase necessary materials, supplies, equipment, and services for the development and maintenance of parks as well as the implementation of recreational and educational programs. Subd. 6: The Park Board shall maintain and care for park property. Subd. 7: The Park Board shall provide for free musical and other entertainment for the general public. Subd. 8: The Park Board shall plan and develop educational programs and activities for residents of the City. Subd. 9: The Park Board shall promote public interest and understanding of the City's parks, programs, and activities. Subd. 10: The Park Board shall coordinate recreational park activities with other community organizations or groups. Subd. 11: The Park Board shall solicit contributions from other organizations and businesses to be used for the funding of park programs. Subd. 12: The Park Board shall undertake such other responsibilities or duties as may be specifically delegated by the City Council. Section 203.06: LIMITATIONS. The Park Board may not undertake any of the following actions or activities without prior approval of the City Council: Subd. 1: Enter a contract for the purchase of property, equipment, goods, materials, or services for more than $3,000. CHAPTER II – OPERATIONS, ADMINISTRATION & ORGANIZATION 203-3 Subd. 2: Hire an individual as an employee of the City of St. Joseph. This provision does not limit the authority of the Park Board to employ independent contractors to provide specific services if the total consideration for the contract is less than $3,000. Subd. 3: Expend monies not specifically authorized or designated in the budget approved by the City Council, or approved amendments thereto. Subd. 4: Order park related work to be performed by employees of the City Maintenance Department which is outside the scope of the usual and customary park related duties and responsibilities of the employees. The City Council further ordains that Ordinance 203, setting the date of elections, shall be merged with Ordinance 202, and for purposes of the Code, it shall be renumbered as Section 202.03 of the Code. Updated 4/29/94 Council Agenda Item 5b MEETING DATE: September 6, 2022 AGENDA ITEM: Cannabinoid Products Ordinance (THC) SUBMITTED BY: Administration PREVIOUS COUNCIL ACTION: Council adopted Ordinance 2022-007 Providing a Moratorium on the sale of hemp derived THC food and beverages in the City of St. Joseph. BACKGROUND INFORMATION: Effective July 1, 2022, the MN Legislature amended MN Statutes regarding the sale of certain cannabinoid products. The changes to the law amended the scope of the sale of any product that contains cannabinoids that are extracted or derived from hemp and that is an edible cannabinoid product or is intended for human or animal consumption by any route of administration. No product containing any cannabinoid or THC extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21. Along with other testing and labeling requirements, edible cannabinoids must meet several other requirements, including that edible cannabinoid products be packaged without appeal to children and in child-resistant packaging or containers. The sellers of these products are not licensed by the State. The proposed ordinance provides a licensing framework to regulate the sale of cannabinoid products within the City. Staff will bring back the ordinance for adoption at the first meeting in October along with amendments to the fee schedule to incorporate the licensing fee. ATTACHMENTS: Draft Ordinance 614 Cannabinoid Products REQUESTED COUNCIL ACTION: Discussion/Provide input CHAPTER VI GENERAL REGULATIONS 614-0 ORDINANCE 614 CANNABINOID PRODUCTS Section 614.01: PURPOSE ............................................................................................. 614-1 Section 614.02: FINDINGS OF THE CITY COUNCIL ................................................ 614-1 Section 614.03: DEFINITIONS...................................................................................... 614-1 Section 614.04: LICENSE REQUIRED ......................................................................... 613-3 Section 614.05: PROCUREMENT OF LICENSE ......................................................... 613-3 Section 614.06: BASIS FOR DENIAL OF LICENSE. .................................................. 613-4 Section 614.07: SALES OF CANNABINOIDS DERIVED FROM HEMP .................. 613-5 Section 614.08: TESTING REQUIREMENTS .............................................................. 613-5 Section 614.09: LABELING REQUIREMENTS........................................................... 613-5 Section 614.10: ADDITIONAL REQUIREMENTS FOR EDIBLE CANNABINOID PRODUCTS ..................................................................................................................... 613-5 Section 614.11: PROHIBITED SALES ......................................................................... 613-6 Section 614.12: ADULTERATED OR MISBRANDED PRODUCTS ......................... 613-7 Section 614.13: SIGNAGE ............................................................................................. 613-7 Section 614.14: AGE VERIFICATION ......................................................................... 613-7 Section 614.15: RESPONSIBILITY .............................................................................. 613-7 Section 614.16: HOURS OF SALES.............................................................................. 613-7 Section 614.17: COMPLIANCE CHECKS AND INSPECTIONS ............................... 614-8 Section 614.18: CIVIL PENALTIES, SUSPENSIONS OR REVOCATION OF LICENSES .......................................................................................................................................... 614-8 Section 614.19: PENALTIES FOR VIOLATIONS ....................................................... 614-8 CHAPTER VI GENERAL REGULATIONS 614-1 ORDINANCE 614 CANNABINOID PRODUCTS Section 614.01: PURPOSE. The purpose of this ordinance is to establish licensing regulations for the sale of cannabinoid products derived from hemp as provided in Minn. Stat. § 151.72. Section 614.02: FINDINGS OF CITY COUNCIL. The City Council makes the following findings regarding the need to regulate, license, and inspect establishments that sell certain cannabinoid products: 1) By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. § 151.72 to allow for the sale of certain cannabinoid products. 2) This new law does not prohibit municipalities from licensing the sale of cannabinoid products derived from hemp locally. 3) The National Academies of Science, Engineering, and Medicine note that the growing acceptance, accessibility, and use of cannabis and its derivatives have raised important public health concerns, while the lack of aggregated knowledge of cannabis-related health effects has led to uncertainly about the impact of its use. 4) The Minnesota Legislature recognized the danger of cannabis use among youth by prohibiting the sale of any product containing cannabinoid or tetrahydrocannabinol (THC) extracted or otherwise derived from hemp to those under the age of 21 and requiring that edible cannabinoid products be packaged without appeal to children and in child-resistant packaging or containers. 5) Due to the passage of this new law by the Minnesota Legislature, the City Council believes the following rules, regulations, and standards for licensing the sale of cannabinoid products are necessary to ensure that retailers comply with the laws and business standards to promote and protect the public health, safety, and general welfare of the residents of St. Joseph. Section 614.03: DEFINITIONS. Subd. 1. “Cannabinoid product” means any product containing nonintoxicating cannabinoids extracted from hemp, including an edible cannabinoid product, that is sold for human or animal consumption. Subd. 2. “Certified hemp” means the definition for the same provided in Minn. CHAPTER VI GENERAL REGULATIONS 614-2 Stat. § 151.72, Subd. 1(b), as may be amended. Subd. 3. “Compliance checks” means the system the City uses to investigate and ensure that those authorized to sell cannabinoid products are following and complying with the requirements of state laws and this ordinance. Compliance checks involve the use of persons under the age of 21 who purchase or attempt to purchase cannabinoid products. Compliance checks may also be conducted by the City or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to cannabinoid products. Subd. 4. “Delivery sale” means the sale of any cannabinoid products to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a licensed retail establishment. Delivery sale includes, but is not limited to, the sale of any cannabinoid products when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up. Subd. 5. “Edible cannabinoid product” means any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in connection with food ingredients, and is not a drug. Subd. 6. “Hemp” or “Industrial Hemp” means the definition for the same provided in Minn. Stat. § 18K.02, Subd. 3, as may be amended. Subd. 7. “Label” means the definition for the same provided in Minn. Stat. § 151.01, Subd. 18, as may be amended. Subd. 8. “Labeling” means the definition for the same provided in Minn. Stat. § 151.72, Subd. 1(f), as may be amended. Subd. 9. “Matrix barcode” means the definition for the same provided in Minn. Stat. § 151.72, Subd. 1(g), as may be amended. Subd. 10. “Moveable place of business” means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and that is not a fixed address or other permanent type of structure licensed for over-the-counter sales transactions. Subd. 11. “Nonintoxicating cannabinoid” means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. Subd. 12. "Operator" means the person in legal possession and control of a location by reason of ownership, lease, contract or agreement, for the sale of cannabinoid products at retail. CHAPTER VI GENERAL REGULATIONS 614-3 Subd. 13. “Retail establishment” means any fixed place of business where cannabinoid products are available for sale to the general public. Retail establishment for purposes of this ordinance does not include exclusive liquor stores, residential homes, convenience stores, gasoline service stations, bars and restaurants. Subd. 14. “Sale” means any transfer of goods for money, trade, barter or other consideration. Subd. 15. “Self-service vending” means the display for sale of cannabinoid products that are accessible to the public without the need of assistance of an employee. Subd. 16. “Vending machine” means any mechanical, electrical or electronic, or other type of device that dispenses cannabinoid products upon the insertion of money, tokens, or other form of payment into or onto the device by the person seeking to purchase cannabinoid products. Subd. 17. “Youth-orientated facility” means any facility with residents, customers, visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or that primarily sells, rents, or offers services of products that are consumed or used primarily by persons under the age of 21. Youth-orientated facility includes, but is not limited to, schools, colleges, libraries, playgrounds, recreation centers and parks. Section 614.04: LICENSE REQUIRED. It will be unlawful for any person to sell at retail any cannabinoid products derived from hemp within the City unless the person holds a retail cannabinoid products license, in full force and effect. Section 614.05: PROCUREMENT OF LICENSE. Subd. 1. Any person desiring a retail cannabinoid products license will make and file with the City Clerk an application. Such application will give the name and residence address of the applicant, if an individual, will identify the location at which it is proposed to sell the cannabinoid products at retail, and will provide such other information as the City Council may require from time to time. The application will be accompanied by the required fee. Subd. 2. The City Clerk will immediately transmit a copy of the application to the Chief of Police, who will investigate all facts and information which he/she can reasonably find, bearing upon the question of the applicant's fitness to receive the license and to perform the duties imposed by this ordinance. Upon completing the investigation, the Chief of Police will report, in writing, her/his findings to the City Council, together with her/his recommendation as to the issuance of a license to the applicant. Subd. 3. The City Council will consider the facts and recommendation of the Chief of Police, together with any material facts which it may have or obtain, and then, by motion, will approve or deny the application to the City Clerk. If the City Council CHAPTER VI GENERAL REGULATIONS 614-4 has approved the application, it is the duty of the City Clerk to execute and deliver a license to the applicant. Each license shall be issued for a period of one year except that if the application is made during the license year, the license may be issued for the remainder of the year for a pro rate fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on December 31. Section 614.06: BASIS FOR DENIAL OF LICENSE. Subd. 1. Grounds for denying the issuance or renewal of a license include, but are not limited to, the following: (1) The applicant is under 21 years of age. (2) The applicant has been convicted within the past five years of any violation of federal, state, or local law, ordinance provision, or other regulation relating to cannabinoids products. (3) The applicant has had a license to sell cannabinoid products suspended or revoked within the preceding 12 months of the date of application. (4) The applicant fails to provide any of the information required on the licensing application, or provides false or misleading information. (5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. (6) The business for which the license is requested is a moveable place of business. Only fixed-location retail establishments that are not excluded under the definition for retail establishments in this ordinance are eligible to be licensed. Subd. 2. Proximity to Youth-Orientated Facilities. No license will be granted to any person for a retail establishment under this ordinance that is within 1,000 feet of a youth-orientated facility, as measured by the shortest line from the property line of the space to be occupied by the proposed licensee to the nearest property line of a youth- orientated facility. This restriction does not apply to an existing retail establishment that has been selling cannabinoid products for at least one year before this section was enacted. Subd. 3. Proximity to Other Licensed Retailers. No license will be granted to any person for a retail establishment that is within 2,000 feet of any other existing licensed retail establishment under this ordinance, as measured by the shortest line from the property line of the space to be occupied by the applicant for the license to the nearest property line of the existing licensee. This restriction does not apply to an existing retail establishment that has been selling cannabinoid products for at least one year before this section was enacted. CHAPTER VI GENERAL REGULATIONS 614-5 Subd. 4. Issued Mistakenly. If a license is mistakenly issued or renewed to a person, the City will revoke the license upon the discovery that the person was ineligible for the license under this ordinance. The City will provide the license holder with notice of the revocation, along with information on the right to appeal. Section 614.07: SALES OF CANNABINOIDS DERIVED FROM HEMP. In accordance with Minn. Stat. § 151.72, Subd.3, as may be amended: Subd. 1. A product containing nonintoxicating cannabinoids, including an edible cannabinoid product, may be sold for human or animal consumption only if all of the requirements of this section are met, provided that a product sold for human or animal consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product does not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. Subd. 2. No other substance extracted or otherwise derived from hemp may be sold for human consumption if the substance is intended: (1) For external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; or (2) To affect the structure or any function of the bodies of humans or other animals. Subd. 3. No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21. Subd. 4. Products that meet the requirements of this section are not controlled substances under Minn. Stat.§ 152.02. Section 614.08: TESTING REQUIREMENTS. All testing must comply with the requirements set forth in Minn. Stat. § 151.72, Subd. 4, as may be amended. Section 614.09: LABELING REQUIREMENTS. All labeling must comply with the requirements set forth in Minn. Stat. § 151.72, Subd. 5, as may be amended. Section 614.10: ADDITIONAL REQUIREMENTS FOR EDIBLE CANNABINOID PRODUCTS. In accordance with Minn. Stat. § 151.72, Subd. 5a, as may be amended: Subd. 1. An edible cannabinoid product must not: (1) Bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children; (2) Be modeled after a brand of products primarily consumed by or marketed to children; CHAPTER VI GENERAL REGULATIONS 614-6 (3) Be made by applying an extracted or concentrated hemp-derived cannabinoid to a commercially available candy or snack food item; (4) Contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by the United States Food and Drug Administration for use in food; (5) Be packaged in a way that resembles the trademarked, characteristic, or product-specialized packaging of any commercially available food product; or (6) Be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product. Subd. 2. An edible cannabinoid product must be prepackaged in packaging or a container that is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The requirement that packaging be child-resistant does not apply to an edible cannabinoid product that is intended to be consumed as a beverage and which contains no more than a trace amount of any tetrahydrocannabinol. Subd. 3. If an edible cannabinoid product is intended for more than a single use or contains multiple servings, each serving must be indicated by scoring, wrapping, or other indicators designating the individual serving size. Subd. 4. A label containing at least the following information must be affixed to the packaging or container of all edible cannabinoid products sold to consumers: (1) The serving size; (2) The cannabinoid profile per serving and in total; (3) A list of ingredients, including identification of any major food allergens declared by name; and (4) The following statement: “Keep this product out of reach of children.” Subd. 5. An edible cannabinoid product must not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. Section 614.11: PROHIBITED SALES. Subd. 1. Samples Prohibited. Sampling of cannabinoid products within any retail establishment licensed under this ordinance is prohibited. No person shall distribute samples of any cannabinoid products free of charge or at a nominal cost. The distribution of cannabinoid products as a free donation is prohibited. Subd. 2. Coupon and Price Promotion. No person shall accept or redeem any CHAPTER VI GENERAL REGULATIONS 614-7 coupon, price promotion, or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any cannabinoid products to a consumer at no cost or at a price that is less than the non-discounted, standard price listed by a retailer on the item or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale, including all applicable taxes. Subd. 3. Self-service Displays. All cannabinoid products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public. No person shall allow the sale of cannabinoid products in open displays that are accessible to the public without the intervention of a store employee. This section does not apply to a retail establishment, as defined in this ordinance, that is continuously staffed by an employee from which persons under 21 years of age are prohibited from entering the store. Subd. 4. Prohibition Against Retail Sales of Cannabinoid Products by Vending Machines. No person will sell or dispense cannabinoid products through use of a vending machine. Subd. 5. Delivery Sales. All sales of cannabinoid products must be conducted in person, in a licensed retail establishment under this ordinance, in over-the-counter sales transactions. Section 614.12: ADULTERATED OR MISBRANDED PRODUCTS. A cannabinoid product shall be considered adulterated or misbranded under the provisions set forth in Minn. Stat. §151.72, Subd. 6, as may be amended. Section 614.13: SIGNAGE. At each location where cannabinoid products are sold, the licensee shall display a sign in plain view to provide public notice that selling any of these products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or attempting to purchase these products. The sign shall provide notice that all persons responsible for selling these products must verify, by means of photographic identification containing the bearer’s date of birth. Section 614.14: AGE VERIFICATION. At each location where edible cannabinoid products are sold, the licensee shall verify, by means of government-issued photographic identification containing the bearer’s date of birth, that the purchaser or person attempting to make the purchase is at least 21 years of age. Section 614.15: RESPONSIBILITY. All licensees are responsible for the actions of their employees regarding the sale, offer to sell, and furnishing of cannabinoid products on the licensed premises. The sale, offer to sell, or furnishing of any cannabinoid product by an employee shall be considered an act of the licensee. Section 614.16: HOURS OF SALES. No sales of cannabinoid products will be allowed at the licensed premises after 10:00 p.m. and before 8:00 a.m. daily. CHAPTER VI GENERAL REGULATIONS 614-8 Section 614.17. COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises must be open to inspections by law enforcement or other authorized city officials during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks. The City will conduct a compliance check that involves the participation of a person at least 17 years of age, but under the age of 21 to enter the licensed premises to attempt to purchase cannabinoid products. Prior written consent from a parent or guardian is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel. Section 614.18: CIVIL PENALTY, SUSPENSION OR REVOCATION OF LICENSES. Subd. 1. The City Council will follow the provisions of this section of the ordinance on the suspension, revocation or imposition of a civil penalty against any license granted under this ordinance. Subd. 2. Notice of Violation. The Chief of Police will provide, in writing, to the licensee either personally or by mail, notice of any alleged violation of the provisions of this ordinance or Minnesota Statutes Chapter 151, committed in the operation of the licensee's business and provide notice to the City Council. If the City Council determines from the facts and circumstances reported, together with any other facts and circumstances known to it, that the violation may warrant a civil penalty, suspension or revocation of the license held by the licensee, it will notify the licensee, and set a time and place for a hearing sufficiently in advance to provide ten days written notice of the time, place and purpose of such hearing to the licensee. Subd. 3. Hearing on Alleged Violations. At the time of the hearing, the licensee may appear and present any evidence which is material to the investigation. The City Council will make and adopt findings of fact as to whether a violation of the provisions of this ordinance or Minnesota Statutes Chapter 151 have been committed in the operation of the licensee's business and whether the violation was willful in nature. If the licensee has violated any of the provisions of this ordinance or State law, the City Council may impose a civil fine, suspend or revoke the license. Subd. 4. Mandatory Revocation. The Council will revoke the license or licenses of any licensee under this ordinance if the licensee willfully violates any provisions of this ordinance or Minnesota Statutes Chapter 151. Section 614.19: PENALTIES FOR VIOLATIONS. Upon a violation by a licensee holding a cannabinoid products license of any provision of this ordinance or any provision of state law regulating the sale of cannabinoid products, or failing to comply with other statutory requirements of Minn. Stat. § 151.72, the City Council may impose a civil fine, suspend or revoke the license in accordance with the following schedule: Subd. 1. Any civil fine assessed against a licensee pursuant to this section must be paid in full within 30 days from receipt of written notification of the City Council’s imposition of the civil fine. Failure to pay the fine within that time period will result in CHAPTER VI GENERAL REGULATIONS 614-9 a ten-day license suspension. Licensees whose licenses have been revoked may not be issued a new license within six months from the effective date of such revocation. Council Agenda Item 6 MEETING DATE: September 6, 2022 AGENDA ITEM: Hazardous Building – 13 2nd Ave. NW, former JR Mobile Site SUBMITTED BY: Administration PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: The building and property known as the former JR Mobile site at 13 2nd Ave. NW continues to deteriorate and is a public health and safety hazard. The property owner has removed some junk, including old tires but demolished a portion of the building without the required building permit. Staff has corresponded with the property owner many times on the building and site health and safety hazard. The city’s Building Official and Public Works Director inspected the building on July 19, 2022 and the Building Official made the following findings: • The building shows areas of what I believe to be black mold, which is a health concern. • The roof system (structure) is not compliant and would need replacement or a number of beams for support. • The wood framed walls are showing signs of water intrusion, deterioration and in areas are not even compliant. • The block walls are showing stress cracks at mortar joints. • The floor has major cracking and heaving. A stop work order was issued by the City’s Building Official since the required building permit for any demolition and remodel has not been obtained. The property owner has been unresponsive in addressing the public health and safety hazard. City attorney Sue Dege has reviewed and prepared a resolution to proceed under MN Statute §463.17 for inspection and abatement of hazardous building for the council to consider adopting. BUDGET/FISCAL IMPACT: TBD ATTACHMENTS: Resolution 2022-045 REQUESTED COUNCIL ACTION: Adopt Resolution to Proceed under MINN STAT. §463.17 for Inspection and Abatement of Hazardous Building At 13 2nd Ave NW, St. Joseph, Minnesota. 1 CITY OF ST. JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA RESOLUTION 2022-045 TO PROCEED UNDER MINN. STAT. §463.17 FOR INSPECTION AND ABATEMENT OF HAZARDOUS BUILDING AT 13 2ND AVE NW, ST. JOSEPH, MINNESOTA WHEREAS, the commercial building located at 13 2nd Ave NW, St. Joseph, Minnesota appears to have become dilapidated to the point of constituting a hazardous building. The property is legally described as follows: The South 80’ of Lot 12, Block 7, of Townsite of St. Joseph, Section 10, Township 124, Range 29, Stearns County, Minnesota. PID: 84.53839.0000 The record owner of the property is Martini Properties, LLC, 34701 115th Ave N, Avon, MN, 56310. WHEREAS, the City has received a report from Mike Wallen, Inspectron, Inc., Building Official for the City of St. Joseph, which notes the following deficiencies in the property: • The building shows areas of suspected black mold, which is a health concern. • The roof system (structure) is not compliant and would need replacement or a number of beams for support. • The wood framed walls are showing signs of water intrusion, deterioration and in areas are not compliant. • The block walls are showing stress cracks at mortar joints. • The floor has major cracking and heaving. WHEREAS, because inadequate maintenance, dilapidation, physical damage, unsanitary condition, the commercial building constitutes a hazard to public safety or health of the residents of St. Joseph; and WHEREAS, it is in the best interest of the public safety and health that an Order be served on the landowner and lien holders directing that the commercial building be repaired or razed; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of St. Joseph declares the above-described commercial building to be hazardous in accordance with Minn. Stat. §463.17 and directs the City Attorney to draft an Order directing the owner to commence repairs within ten (10) days of service of the Order and to Complete said repairs or to raze or remove the commercial building within thirty (30) days of service of the Order. 2 BE IT FURTHER RESOLVED that if said Order is not complied with, the City Council authorizes the City Attorney to commence proceedings in District Court and move the Court for enforcement of the Order. PASSED AND ADOPTED by majority vote of the St. Joseph City Council this 6th day of September, 2022. By_______________________________________ Rick Schultz, Its Mayor Attest: ____________________________________ Therese Haffner, Its City Administrator