City Council Meetings

Winona City Council Agenda Monday, March 4, 2019 CITY OF 6:30 P.M.,Meeting No. 5 City Council Chambers — City Hall IN NA 3r Floor - 207 Lafayette Street MINNESOTA Mayor Mark Peterson 1s Ward Al Thurley 4th Ward George Borzyskowski 2nd Ward Eileen Moeller At - Large Michelle Alexander 3 Ward Pamela Eyden At - Large Paul Schollmeier 1. Call to Order —Mayor & City Manager's Comments — Roll Call 2. Required Public Hearings 3. Petitions, Requests, Communications City Clerk 1. Appointments to the Human Rights Commission 2. Request for Temporary On -Sale Wine and Malt Liquor License for St. Mary's City Clerk Church — Luck of the Irish Festival City Clerk 3. Request for Winona Main Street "Touch -A- Play Streets" Truck" & " 4. License Agreement and Temporary Liquor License for the Mid West Music City Clerk Fest City Clerk 5. Temporary Liquor License for the Mid West Music Fest Parks & Recreation 6. Update on the Winona Park Comprehensive Plan 4. Unfinished Business 5. New Business Planning 1. Neighborhood Planning Project Contract Public Works 2. Community Forest Grant Expansion 6. Reports of Committees 7. Council Concerns City Clerk 1. Council Concerns 8. Consent Agenda City Clerk 1. Approval of Minutes —February 19, 2019 City Clerk 2. Ordinance to Rezone the Parcel at 2015 Garvin Heights Road 3. Ordinance to Remove the One -Hour Parking on the Northerly Side of Fifth City Clerk Street City Clerk 4. Claim Against the City by Traci Kauphusman 9. Adjournment I REQUEST FOR COUNCIL ACTION I Agenda Section: Petitions, Requests, Originating Department. Date: Communications No: 3 City Clerk 19 03/ 04/ 1 Item: Appointments to the Human Rights Commission No. 3.1 SUMMARY OF REQUESTED ACTION: Linda Sundby and Rosine Tenenbaum have applied for appointment to the Human Rights Commission. The effective dates for their terms would be March 5, 2019 through September 16, 2019. RESOLUTION BE IT RESOLVED by the City Council of the City of Winona, Minnesota that it hereby appoints Linda Sundby and Rosine Tenenbaum to serve on the Human Rights Commission for a term effective March 5, 2019 through September 16, 2019. Department Approval: City Manager 41  REQUEST FOR COUNCIL. ACTION Agenda Section: Petitions, Requests, Originating Department: Date Communications No: 3 City Clerk 03104119 Item: Request for Temporary On -Sale Wine and Malt Liquor License for St. Mary's Church — Luck of the Irish Festival No. 3.2. SUMMARY OF REQUESTED ACTION: Saint Mary's Church has requested a Temporary On -Sale Wine and Malt Liquor License for Friday, March 15, 2019, from 3:00 p.m. until 10:00 p.m. for their annual Luck of the Irish Church Festival. All documents are in order and Administration recommends approval of the license. Department Approval: City anager A proval: zV  Agenda Section: Petitions, Requests, Originating Department: Date: Communications No: 3 City Clerk 19 03/ 04/ Item: Request for Winona Main Street "Touch=A- Truck" & " Play Streets" No. 3. SUMMARY OF REQUESTED ACTION: Dear City Council members, Re: Parking Lot and City Street Closures for Touch - A -Truck and Play Streets, May 11, 2019 Winona Main Street requests the partial and /or full closure of several downtown parking lots and streets to support the fifth annual "Touch — A— Truck" event. We are again partnering with Live Well Winona as they present "Play Streets,"and are requesting that several downtown streets and parking lots be closed to accommodate this event. Touch -A - Truck highlights local industrial businesses by having them bring a unique truck or vehicle to showcase in the designated areas. Children and families are able to explore the vehicles, learn what they do, ask questions of the operators, and pose for photos. In addition, the Play Streets event will have numerous family friendly health and wellness activities offered in coordination with Live Well Winona's local partners. The City of Winona has been a leading participant in Touch A Truck in the past and has included the Fire Department, Police Department, Street Department, and the Public Works Departments. These vehicles are showcased along with the business participants, and offer attendees a chance to connect with these important service vehicles and city staff. This year, Touch A Truck/Play Streets in collaboration with the Main Street Retail Committee would like to focus on holding the event more closely centered around the central business district in order to encourage attendees to explore the downtown shopping, dining and recreational options. Rather than focusing the event in parking lots, we're hoping to make better use of the streets we have closed to create more momentum between the events and the businesses that are open that day, including the farmer's market. This year we plan to keep the Touch -A -Truck and Play Streets set up exactly the same as it was last year. It is centered around Third Street between Center and Lafayette Streets. We request the closure of Parking Lot #1 and Parking Lot #3,Center Street from 2nd to 3 Street keeping the intersection at 2"Street open),closing 3 Street from Center to Lafayette, closing both intersections, and closing Lafayette Street from 3 to 2"Street. We also plan to work with Merchants Bank to request use of their public parking lot for the morning's events. Department Approval: 1 Y - 41 4 1 City Manager 0. Approval: Request for Winona Main Street "Touch - A-Truck" & " Play Streets" Page 2 We also make sure that all the businesses in that area are aware of the event, and welcomed to find ways to participate. We understand that these closures would require moving the public transit hub for the morning of the event, but plan to be cleaned up for regular traffic to return no later than 2:00 p. m. Touch -A - Truck will provide additional portable restroom facilities and garbage cans. The placement of these shall be determined with the help of city staff. We appreciate the opportunity to continue promoting Winona's downtown, the Main Street Program, and local industry and partnerships. Thank you for your consideration. If you have questions, please feel free to contact me. Sincerely, Emily Kurash Casey Main Street Program Coordinator For Saturday, May 11, 2019 the bus will be temporarily relocated one block north to the intersection of 4th Street and Center Street. The parking on the south side of 4th Street from Center Street west to the driveway for the Winona National Bank, and the parking on the west side of Center Street from 0 Street south one space, will be posted for no parking from 6:00 am — 5: 00 pm.  Zi Zi Ho ' 4040 MM-' -' NZZC-NZZC- Opal 7.7. lot#, lot#, 33 , , 4-1 At  i Agenda Section: Petitions, Requests, Originating Department: Date: Communications No: 3 City Clerk 19 03/ 04/ 1 Item: License Agreement and Temporary Liquor License for the Mid West Music Fest No. 3. SUMMARY OF REQUESTED ACTION: Mid West Music Fest would like to request permission from the Winona City Council to hold their event scheduled for May 3 - 4, 2019. The city locations for the festival include the Historic Masonic Temple and the Levee patio area. A draft license agreement is attached for the Council's review. In addition, the MWMF has applied for a temporary on -sale wine and beer license to be used at the following locations: Levee Patio; Friday, May 3, 5:00 p. m.— 11:30 p. m.,and Saturday, May 4, noon to 11 :30 p.m.; Masonic Temple theater; Friday, May 3, 4:00 p.m. — 12:30 a.m.,and Saturday, May 4, 5:30 p.m. to 12:30 a.m. If the Council concurs, a motion to approve the license agreement and authorize administration to execute same, and to approve the temporary wine and beer license, would be in order. Department Approval: I City Manager Approval:  LICENSE AGREEMENT 2019 MID WEST MUSIC FEST This License Agreement (the "Agreement ") is made this day of 2019, by and between the City of Winona, Minnesota, a municipal corporation under the laws of the State of Minnesota (the "Licensor" or "City "),and Mid West Music Fest, Inc.,a nonprofit corporation under the laws of the State of Minnesota, collectively the "parties "). the "Licensee "), ( RECITALS: WHEREAS, the Licensor is the owner of the public streets and parking lots in the City of Winona, County of Winona, State of Minnesota; and WHEREAS, the Licensee desires to hold the 2019 Mid West Music Fest at several venues in downtown Winona including the Masonic Temple, Levee Patio and Main Street Promenade, and WHEREAS, the Licensor is willing to permit such use, subject to the terms, covenants, and conditions contained herein. NOW, THEREFORE, IT IS AGREED by and between the parties as follows: Premises. The Licensor is the owner of the public streets and parking lots in the City of Winona, Minnesota. The Licensee is hereby granted a terminable license to use the Masonic Temple, Levee Patio and Main Street Promenade as venues for the Mid West Music Fest (the "Licensed Premises" or "public area "). The Licensee shall use the specified public area only for the purpose stated. 2. Term. The term of this Agreement shall be for the period from 8:00 a.m. on Friday, May 3, 2019, to 3:00 p.m. on Sunday, May 5, 2019. 3. Purpose. The following events and activities are hereby approved by the City of Winona for inclusion on the Licensed Premises: Allow the use of the Masonic Temple and the Levee Patio and Main Street Promenade from 8:00 a.m. on Friday, May 3, 2019, to 3:00 p.m. on Sunday, May 5, 2019; Allow amplified music on Levee Patio on Friday, May 3, 2019, from 5:00 p.m. to 12:00 a.m. and on Saturday, May 4, 2019, from 1:00 p.m. to 12:00 a. m.; Allow the sale and consumption of alcoholic beverages within the Masonic Temple and at the Levee Patio in an area controlled by the Licensee and subject to the liquor licensing requirements of state law and City ordinance; Allow one food vendor in the Masonic Temple, and up to five food vendors  on the Main Street Promenade from 3:00 p.m. on Friday, May 3, 2019 until 1:00 a.m. on Sunday, May 5, 2019. Allow use of easterly 3 parking spaces in Municipal Parking Lot #10 (West Levee parking lot) from 8:00 a.m. on Friday, May 3, 2019, to 3:00 p.m. on Sunday, May 5, 2019. 4. Permits and Inspections. The Licensee agrees to obtain the permits and pay the permit fees as may be required by the City and other governing bodies. This Agreement does not exempt the Licensee or any participants or spectators from observing all ordinances, especially those pertaining to noise and to the sale and consumption of intoxicating liquor or 3.2% malt beverages. Inspections shall be made by staff of Licensee to ensure compliance with all applicable local laws and state statutes. 5. Portable Restrooms. The location of all portable restrooms shall be approved by the Public Works Department. The restrooms shall be properly maintained and serviced, as needed, throughout the event. 6. Use of Licensed Premises Subject to the other terms and provisions contained herein, the Licensee shall be permitted to use the licensed premises only for the purpose and only for the term stated herein. During the term of this License, the Licensee shall comply with all applicable laws, regulations, conditions, and covenants affecting the Licensed Premises, whether federal, state, local, or contractual. The Licensee shall not commit or allow to be committed any waste on, destruction of, or damage to, or nuisance on the Licensed Premises. Should the Licensee commit or allow to be committed any waste on or destruction to the Licensed Premises, the Licensee shall immediately restore the Licensed Premises to the original condition of the Licensed Premises at the inception of this License Agreement, or, alternatively, pay to the Licensor the cost of restoring the Licensed Premises to the condition herein stated, payment to be made within 30 days from the date of written notice given by Licensor to the Licensee of the amount of such costs. 7. Assignment or Transfer of License Licensee shall have no right to assign its interest in this License Agreement without the prior written consent of Licensor. The Licensee, however, may license and sublet portions of the licensed premises to licensees, vendors and participants in the events, provided that the substance of this Agreement is carried forward into any agreements with licensees and vendors. 8. Maintenance /Alteration of Licensed Premises During the event, the Licensee shall keep the licensed premises in a sanitary condition and keep the premises free from refuse. The Licensee shall instruct all vendors about recycling requirements and the location of receptacles for the collection of recyclables. The Licensee shall be responsible for the repair of any damages to the licensed premises resulting from its use thereof pursuant to this Agreement. The 2  Licensee shall not be permitted to make any alterations to the licensed premises without the prior written consent of the Licensor. On termination of this Agreement, the Licensee shall, at the Licensee's expense, restore the licensed premises to the condition they were originally in at the inception of this Agreement, excepting reasonable wear and tear. 9. The Licensor's Access The Licensor, its employees, and its agents shall have the right to enter the premises at all times for all reasonable purposes, including, without limitation, enforcing all applicable laws, regulations and /or ordinances, keeping the peace, and inspecting, cleaning, repairing, altering, or improving the premises. Nothing in this Agreement shall be interpreted as requiring the Licensor to perform any such acts independent of the requirements of the other provisions of this Agreement. 10. Insurance and Hold Harmless Provisions. A. Hold Harmless Agreement The Licensee assumes and agrees to pay for all loss or damage to property whatsoever and injury to or death of any person or persons whomsoever, including all costs and expenses incident thereto, however arising from or in connection with the existence, construction and maintenance or use of any facilities used by the Licensee in connection with the event. The Licensee shall indemnify the City against and agree to save it harmless from any and all claims, demands, lawsuits, or liability for, and such loss or damage, injury, death, and costs and expenses incident thereto. The indemnification provisions of this Section shall not apply to damages or other losses proximately caused by or resulting from the negligence or willful misconduct of the Licensor. All indemnification obligations shall survive termination, expiration or cancellation of this Agreement. This clause shall not be interpreted to release any vendor or operator from the requirement to provide insurance and certificates of insurance to the Licensor as provided below, before set -up of operations will be allowed. B. Liability Insurance Coverage The Licensee shall, at its expense, maintain in effect liability insurance with limits not less than the maximum liability limits for a municipality as provided in Minnesota Statutes, Section 466.04; the City of Winona shall be named insured. The insurance policy and certificate shall not be canceled or its conditions altered in any manner without ten (10)days prior written notice to the City Manager of the City of Winona. The insuring company shall deliver to the City Clerk, certificates of all insurance required, signed by an authorized representative and stating that all provisions of the specified requirements are satisfied. Licensee shall require that all vendors and operators are covered by general liability coverage and that the Licensor has been named as an additional insured 3  No vendor or operator shall be allowed to set -up operations until the Licensee has verified that the vendor or operator has the required general liability insurance coverage. 11. Cost of Electricity. The Licensee will be responsible for paying for the costs of electricity used in conjunction with the event. 12. Traffic and Crowd Control. The Licensee shall be responsible for establishing an adequate traffic and crowd control system. This system must be coordinated with and approved by the Police and Fire Departments. Every effort must be made by the Licensee to prevent parking in prohibited areas. 13. Removal of Equipment, Tents and Portable Restrooms. All stages, tents, and portable restrooms shall be removed no later than 6:00 p.m. on Monday, April 30, 2018. The Licensee shall clean the area after the close of the event. Representatives from the City and the Licensee shall inspect all public areas at the close of the event to release the Licensee from its obligations under this agreement. 14. Contact Information. The Licensee shall designate the contact persons responsible for the various areas or activities of the event and provide the City with the names and phone numbers of the contact persons. 15. Termination of License If at any time the Licensee breaches a material term of this Agreement, then this Agreement shall become null and void, at the option of the Licensor, immediately upon the Licensor's provision of written notice of the same to the Licensee. 16. GENERAL TERMS a. Voluntary and Knowing Action The parties, by executing this Agreement, state that they have carefully read this Agreement and understand fully the contents thereof; that in executing this Agreement they voluntarily accept all terms described in this Agreement without duress, coercion, undue influence, or otherwise, and that they intend to be legally bound thereby. b. Authorized Signatories The parties each represent and warrant to the other that 1)the persons signing this Agreement are authorized signatories for the entities represented, and (2)no further approvals, actions or ratifications are needed for the full enforceability of this Agreement against it; each party indemnifies and holds the other harmless against any breach of the foregoing representation and warranty. c. Modifications /Amendment Any alterations, variations, modifications, amendments or waivers of the provisions of this Agreement shall only be valid 4  when they have been reduced to writing, and signed by authorized representative of the parties. d. No Partnership, Joint Venture, or Fiduciary Relationship Nothing contained in this Agreement shall be interpreted as creating a partnership, joint venture, or relationship of principal and agent between the parties. e. Records — Availability and Retention Pursuant to Minn. Stat. § 16C.05, subd. 5, the Licensee agrees that the Licensor, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc.,which are pertinent to the accounting practices and procedures of the Licensee and involve transactions relating to this Agreement. The Licensee agrees to maintain these records for a period of six years from the date of termination of this Agreement. f. Governing Law This Agreement shall be deemed to have been made and accepted in Winona County, Minnesota, and the laws of the State of Minnesota shall govern any interpretations or constructions of the Agreement without regard to its choice of law or conflict of laws principles. g. Data Practices The parties acknowledge that this Agreement is subject to the requirements of Minnesota's Government Data Practices Act, Minnesota Statutes, Section 13.01 et seq. h. No Waiver Any party's failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that party's right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving party. Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability. j. Entire Agreement These terms and conditions constitute the entire Agreement between the parties regarding the subject matter hereof superseding all prior agreements and understandings. All discussions and negotiations are deemed merged in this Agreement. k. Headings and Captions. Headings and captions contained in this Agreement are for convenience only and are not intended to alter any of the provisions of this Agreement and shall not be used for the interpretation of the validity of the Agreement or any provision hereof. I. Survivability. All covenants, indemnities, guarantees, relicenses, representations and warranties by any party or parties, and any undischarged obligations of the Licensor and the Licensee arising prior to the expiration of this Agreement whether by completion or earlier termination), shall survive such expiration. m. Compliance with Laws. The Licensee shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement or to the facilities, programs and staff for which the Licensee is responsible. signature page follows) A IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. MID WEST MUSIC FEST, INC. By: Its: And By: Its: CITY OF WINONA Stephen T. Sarvi Its: City Manager And By: Monica Hennessy Mohan Its: City Clerk 7 Exhibit A Levee Patio Area A stage may be set up on the Levee Patio during the term of this agreement. 2. The City shall post and provide street barricades for the closure of Main Street north of Second Street prior to 8:00 a.m. on Thursday, May 2, 2019. 3. Damage to the streets and parking areas caused by event activities shall be repaired at the expense of the Licensee. 4. The Licensee shall be responsible for establishing an adequate traffic and crowd control system. This system must be coordinated with and approved by the Police and Fire Departments. Every effort must be made by the Licensee to prevent parking in prohibited areas. 5. The Licensee shall be allowed to use the fire hydrant located adjacent to the Main Street Promenade during event activities. Concessions To the extent the City of Winona is able to give an exclusive concessionaire right no representation being made hereby as to the City's right to grant an exclusive concessionaire right which does not violate State or Federal anti -trust and/or restraint of trade laws),any public property designated for use by Licensee during the event shall be for the exclusive rights of their programs. This includes concessions, shows, and vending stands. 2. Concession stands are to be located in such a manner so as not to hinder other activities not related to the event. 3. Licensee shall inform all concessionaires that they must comply with Winona County food inspection regulations. 4. The sale and consumption of alcoholic beverages on the Levee Patio must be limited to a fenced i-n area with ingress to and egress from the area controlled by the Licensee. 5. A copy of a caterer's permit or a copy of a temporary on -sale wine and malt liquor license must be provided to the City at least 7 days prior to the start of the event. E.,  C LL N 1y Or N s a w + v i d e C. low W u V H r H 3 m m C N o m n a S m 0 m E b ryC O0 LN O . m0OE ` CNnm J O C N H O N J O) m N o m L Uw CC o m m o N y J m m N cH C m O U m o w L J m m c« m E EL -6 0y aim m m d d N CL J O m U mEL b w m and N L m i m F 3L 0 L I REQUEST FOR COUNCIL ACTION I Agenda Section: Petitions, Requests, Originating Department: Date. Communications No: 3 City Clerk 19 03/ 04/ Item: Temporary Liquor License for the Mid West Music Fest No. 3. 5 SUMMARY OF REQUESTED ACTION: Mid West Music Fest is applying for a temporary wine and beer license for a fundraiser they are'holding at the Winona County History Center, 160 Johnson Street, on Saturday, March 9, 2019. All of the documents are in order. If the Council concurs, a motion to approve the temporary wine and beer license would be in order. City Department Approval: l . n 0 nager .— Approval: n  REQUEST FOR COUNCIL ACTION Agenda Section: Petitions, Requests, Originating Department: Date. Communications No: 3 Parks and Recreation 19 03/ 04/ 1 Item: Update on the Winona Park Comprehensive Plan No. 3.to SUMMARY OF REQUESTED ACTION: Parks and Recreation staff will provide Council with a brief update on the Winona Parks Comprehensive Plan, specifically the Bluff Traverse Trail Plan. I REQUEST FOR COUNCIL ACTION, Agenda Section: New Business Originating Department: Date No: 5 Planning 2019 3/4/ Item: Neighborhood Planning Project Contract No. 5.1 SUMMARY OF REQUESTED ACTION: Attached is a contract with Engage Winona for the Neighborhood Planning Project that was presented at the February 4th , pre -Council meeting. The $10,000 for the project is already included in the 2019 budget. Should Council concur, a motion to authorize signing of the contract would be in order. Department Approval: City Mpager Approval:  CONSULTANT SERVICE CONTRACT This Contract is made this day of , 2019, by and between the CITY OF WINONA, a Minnesota municipal corporation, 207 Lafayette Street, Winona, MN 55987, ( " CITY "),and ENGAGE WINONA, a nonprofit corporation under the laws of the State of Minnesota, 619 Huff St.,Winona, MN 55987 ( "CONSULTANT "), ( collectively the PARTIES "). WHEREAS, CITY requires certain professional services to prepare a neighborhood planning report through research and public (the "Project "); and WHEREAS, CONSULTANT agrees to furnish the various services required by CITY. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: SECTION I —CONSULTANT' S SERVICES AND RESPONSIBILITIES A. Scope of Services. CONSULTANT agrees to perform various Project services as detailed in Exhibit 1 ,Scope of Services and Proposal, attached hereto and incorporated herein by reference. B. Changes to Scope of Services /Additional Services. Upon mutual agreement of the parties hereto pursuant to Section VI, Paragraph I of this Contract, a change to the scope of services detailed in Exhibit 1 ,attached hereto, may be authorized. In the event that such a change to the scope of services detailed in Exhibit 1 ,attached hereto, requires additional services by CONSULTANT, CONSULTANT shall be entitled to additional compensation consistent with Section III of this Contract. CONSULTANT shall give notice to CITY of any additional services prior to furnishing such additional services. CITY may request an estimate of additional cost from CONSULTANT, and upon receipt of the request, CONSULTANT shall furnish such cost estimate, prior to CITY's authorization of the changed scope of services. C. Changed Conditions. If CONSULTANT determines that any services it has been directed or requested to perform by CITY are beyond the scope of services detailed in Exhibit 1 ,attached hereto, or that, due to changed conditions or changes in the method or manner of administration of the Project, CONSULTANT's effort required to perform its services under this Contract exceeds the estimate which formed the basis for CONSULTANT's compensation, CONSULTANT shall promptly notify CITY of that fact. Upon mutual agreement of the parties hereto pursuant to Section VI, Paragraph I of this Contract, additional compensation for such services, and /or an extension of time for completion thereof, may be authorized. In the absence of such a mutual agreement, amounts of compensation and time for completion shall be equitably adjusted, provided that CONSULTANT first provides notice to CITY as required by this Paragraph and CITY has not terminated this Contract pursuant to Section IV,Paragraph B. D. Standard of Care. Services provided by CONSULTANT or its subcontractors and/or sub -consultants under this Contract will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of CONSULTANT' s profession or industry. CONSULTANT shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. CONSULTANT shall put forth reasonable efforts to complete its duties in a timely manner. CONSULTANT shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. CONSULTANT shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. E. Insurance. CONSULTANT shall not commence work under this Contract until he has obtained all insurance required herein and such insurance has been approved by CITY, nor shall CONSULTANT allow any subcontractor to commence work on his subcontract until such subcontractor has obtained like insurance covering as to worker's compensation, liability,and automobile insurance. All this insurance coverage shall be maintained throughout the life of this Contract. 1. CONSULTANT agrees to procure and maintain, at CONSULTANT's expense, statutory worker's compensation coverage. Except as provided below, CONSULTANT must provide Workers' Compensation insurance for all its employees. If Minnesota Statutes, section 176.041 exempts CONSULTANT from Workers' Compensation insurance or if CONSULTANT has no employees in the City, CONSULTANT must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes CONSULTANT from the Minnesota Workers' Compensation requirements. If during the course of the Contract CONSULTANT becomes eligible for Workers' Compensation, CONSULTANT must comply with the Workers' Compensation insurance requirements herein and provide CITY with a certificate of insurance. 2. CONSULTANT agrees to procure and maintain, at CONSULTANT's expense, CGL ") and business automobile liability insurance general commercial liability ( " coverage insuring CONSULTANT against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by CONSULTANT or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable (including automobile use).The required automobile liability coverage must include coverage for "any auto" which extends coverage to owned autos, non -owned autos, and hired autos. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies)shall name CITY as an additional insured for the services provided under this Contract and shall provide that CONSULTANT's coverage shall be primary and noncontributory in the event of a loss. 3. CONSULTANT agrees to procure and maintain, at CONSULTANT's expense,  the following insurance policies, including the minimum coverages and limits of liability specified below, or as specified in the applicable insurance certificate(s), or as required by law, whichever is greater: Worker's Compensation Statutory Limits Employer's Liability 100,000 each accident 500,000 disease policy limit 100,000 disease each employee Commercial General 000 1,0 0,property damage and Liability bodily injury per occurrence 000 2, 000, annual aggregate 000 2, 000, annual aggregate Products — Completed Operations Comprehensive Automobile $ 000 1, 0 0,per occurrence combined Liability single limit for Bodily Injury and Property Damage (shall include coverage for all owned, hired and non -owned vehicles Umbrella or Excess Liability $ 000 2,000, 4. True, accurate and current certificates of insurance, showing evidence of the required insurance coverages, are hereby provided to CITY by CONSULTANT and are attached hereto as Exhibit 2 . 5. CONSULTANT's insurance policies and certificate(s) shall not be cancelled or the conditions thereof altered in any manner without Ten (10)days prior written notice to CITY. 6. CONSULTANT's policies shall be primary insurance to any other valid and collectible insurance available to CITY with respect to any claim arising out of CONSULTANT' s performance under this contract. 7. CONSULTANT is responsible for payment of Contract related insurance premiums and deductibles. If CONSULTANT is self -insured, a Certificate of Self-Insurance must be attached. 8. CONSULTANT's policies shall include legal defense fees in addition to its liability policy limits, with the exception of the professional liability insurance, if applicable. 9. All policies listed in Paragraph I. 3. E above shall be written on an "occurrence" form ( "claims made" and "modified occurrence" forms are not acceptable) and  shall apply on a "per project" basis. 10. CONSULTANT shall obtain insurance policies from insurance companies having an "AM BEST" rating of A- ( minus);Financial Size Category ( FSC) VII or better, and authorized to do business in the State of Minnesota 11. Notwithstanding the foregoing, CITY reserves the right to immediately terminate this Contract if CONSULTANT is not in compliance with the insurance requirements contained herein and retains all rights to pursue any legal remedies against CONSULTANT. SECTION II —CITY'S RESPONSIBILITIES A. CITY shall promptly compensate CONSULTANT as services are performed to the satisfaction of the City Planner, in accordance with Section III of this Contract. B. CITY shall provide access to any and all previously acquired information relevant to the scope of services detailed in Exhibit 1 ,attached hereto, in its custody to CONSULTANT for its use, at CONSULTANT's request. C. CITY will,to the fullest extent possible, grant access to and make all provisions for entry upon both public and private property as necessary for CONSULTANT' s performance of the services detailed in Exhibit 1 ,attached hereto. D. Carlos Espinosa, CITY's City Planner, shall serve as the liaison person to act as CITY's representative with respect to services to be rendered under this Contract. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define CITY'S policies with respect to the Project and CONSULTANT's services. Such person shall be the primary contact person between CITY and CONSULTANT with respect to the services from CONSULTANT under this Contract. CITY reserves the right to substitute the authorized contact person at any time and shall notify CONSULTANT thereof. SECTION III —CONSIDERATION A. Fees. CITY will compensate CONSULTANT as detailed in Exhibit 3 ,Compensation, which is attached hereto and incorporated herein by reference, for CONSULTANT's performance of services under this Contract. B. Suspending Services. If CITY fails to make any payment due CONSULTANT for services performed to the satisfaction of the City Planner and expenses within thirty days after the date of CONSULTANT' s invoice, CONSULTANT may, after giving seven days written notice to CITY, and without waiving any claim or right against CITY and without incurring liability whatsoever to CITY, suspend services and withhold project deliverables due under this Contract until CONSULTANT has been paid in full all amounts due for services, expenses and charges. 4  SECTION IV —TERM AND TERMINATION A. Term. This Contract shall be in effect until such time as the Project is completed, or as otherwise provided in this Contract, whichever comes first. B. Termination. This Contract may be terminated by either PARTY for any reason or for convenience by either PARTY upon seven (7)days written notice. In the event of termination, CITY shall be obligated to CONSULTANT for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination, computed in accordance with Section III of this Contract. C. Default. If CONSULTANT fails to satisfy any of the provisions of this Contract, or so fails to perform and/or administer the services detailed in Exhibit 1 ,attached hereto, pursuant to the requirements of Section I of this Contract, in such a manner as to endanger the performance of the Contract or the services provided hereunder, this shall constitute default. Unless CONSULTANT's default is excused by CITY, CITY may, upon written notice, immediately cancel this Contract or exercise any other rights or remedies available to CITY under this Contract or law. In the event of CONSULTANT's default, CONSULTANT shall be liable to CITY for any and all costs, disbursements, attorneys and consultant fees reasonably incurred by CITY in enforcing this Contract. D. Suspension of Work. If any work performed by CONSULTANT is abandoned or suspended in whole or in part by CITY, CONSULTANT shall be paid for any services performed to the satisfaction of the City Planner prior to CONSULTANT' s receipt of written notice from CITY of such abandonment or suspension, but in no event shall the total of CITY's payments to CONSULTANT under this Contract be required to exceed a percentage of the total contract price (calculated by either the Contract price or the maximum price set forth in Exhibit 3,attached hereto) equivalent to the percentage of the scope of services completed by CONSULTANT to the satisfaction of the City Planner as determined by CITY. SECTION V —INDEMNIFICATION A. CONSULTANT shall indemnify, protect, save, hold harmless and insure CITY, and its respective officers, directors, employees and members and agents, from and against any claims, liability, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable or caused by the negligent or otherwise wrongful act or omission, including breach of a specific contractual duty, of CONSULTANT or CONSULTANT's independent contractors, subcontractors, agents, employees, vendors or delegates with respect to this Contract or the Project. CONSULTANT shall defend CITY against the foregoing, or litigation in connection with the foregoing, at CONSULTANT' s expense,with counsel reasonably acceptable to CITY,except that for professional liability claims, CONSULTANT shall have no upfront duty to defend CITY, but shall reimburse defense costs to CITY to the same extent of CONSUTANT' S indemnity obligation herein. CITY, at its expense, shall have the right to participate in the defense 5  of any claims or litigation and shall have the right to approve any settlement, which approval shall not be unreasonably withheld. The indemnification provision of this Section shall not apply to damages or other losses proximately caused by or resulting from the negligence or willful misconduct of CITY. All indemnification obligations shall survive termination, expiration or cancellation of this Contract. CONSULTANT agrees, that in order to protect itself and CITY under the indemnity provisions set forth above, it will at all times during the term of this contract keep in force policies of insurances required in the Paragraph entitled, I"nsurance." Nothing in this Contract shall be construed to waive any immunities or limitations to which CITY is entitled under Minn. Stat. Chapter 466 or otherwise. B. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against CITY or CONSULTANT. CONSULTANT's services under this Contract are being performed solely for CITY's benefit, and no other entity shall have any claim against CONSULTANT because of this Contract or the performance or nonperformance of services provided hereunder. SECTION VI —GENERAL TERMS A. Voluntary and Knowing Action. The PARTIES, by executing this Contract, state that they have carefully read this Contract and understand fully the contents hereof; that in executing this Contract they voluntarily accept all terms described in this Contract without duress, coercion, undue influence, or otherwise, and that they intend to be legally bound hereby. B. Authorized Signatories. The PARTIES each represent and warrant to the other that (1) the persons signing this Contract are authorized signatories for the entities represented, and (2)no further approvals, actions or ratifications are needed for the full enforceability of this Contract against it;each PARTY indemnifies and holds the other harmless against any breach of the foregoing representation and warranty. C. Notices. The PARTIES' representatives for notification for all purposes are: CITY: Carlos Espinosa City Planner 207 Lafayette Street Winona MN 55987 Phone: 507-457 - 8216 Email: mn. cespinosanci.winona. us 0  CONSULTANT: Brian Voerdiniz Executive Director PO Box 455 Winona MN 55987 Phone: 507-450 - 7307 Email: briangengagewinona. org D. Dispute Resolution. CITY and CONSULTANT agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their rights under law. E. Independent Contractor Status. CONSULTANT, at all times and for all purposes hereunder, shall be an independent contractor and is not an employee of CITY for any purpose. No statement contained in this Contract shall be construed so as to find CONSULTANT to be an employee of CITY, and CONSULTANT shall not be entitled to any of the rights,privileges, or benefits of employees of CITY, including but not limited to, workers' compensation, health/death benefits, and indemnification for third -party personal injury /property damage claims. CONSULTANT acknowledges that no withholding or deduction for State or Federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due CONSULTANT, and that it is CONSULTANT's sole obligation to comply with the applicable provisions of all Federal and State tax laws. CONSULTANT shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services identified herein. CONSULTANT is responsible for hiring sufficient workers to perform the services /duties required by this Contract, withholding their taxes and paying all other employment tax obligations on their behalf. F. Acceptance of Deliverables. Each deliverable shall be subject to a verification of acceptability by CITY to ensure such deliverable satisfies stated requirements. The acceptability of any deliverable will be based on CITY's satisfaction or non -satisfaction with the deliverable based on requirements of this Contract. If any deliverable is not acceptable, CITY will notify CONSULTANT specifying reasons in reasonable detail, and CONSULTANT will, at no additional cost, conform the deliverable to stated requirements of this Contract. G. Subcontracting. CONSULTANT shall not enter into any subcontract for performance of any services contemplated under this Contract without the prior written approval of CITY. CONSULTANT shall be responsible for the performance of all subcontractors and/or sub -consultants. As required by Minn. Stat. § 471.425, CONSULTANT must pay all subcontractors, less any retainage, within 10 calendar days of CONSULTANT's receipt of payment from CITY for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one half percent per month or any part of a month to the subcontractor(s on ) any undisputed amount not paid on time to the subcontractor(s). 7 H. Assignment. This Contract may not be assigned by either PARTY without the written consent of the other PARTY. Modifications /Amendment. Any alterations, variations, modifications, amendments or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representative of CITY and CONSULTANT. J. Records — Availability and Retention. Pursuant to Minn. Stat. § 16C.05,subd. 5, CONSULTANT agrees that CITY, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc.,which are pertinent to the accounting practices and procedures of CONSULTANT and involve transactions relating to this Contract. CONSULTANT agrees to maintain these records for a period of six years from the date of termination of this Contract. K. Force Majeure. The PARTIES shall each be excused from performance under this Contract while and to the extent that either of them are unable to perform, for any cause beyond its reasonable control. Such causes shall include, but not be restricted to fire, storm, flood, earthquake, explosion, war, total or partial failure of transportation or delivery facilities, raw materials or supplies, interruption of utilities or power, and any act of government or military authority. In the event either PARTY is rendered unable wholly or in part by force majeure to carry out its obligations under this Contract then the PARTY affected by force majeure shall give written notice with explanation to the other PARTY immediately. L. Compliance with Laws. CONSULTANT shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Contract or to the facilities, programs and staff for which CONSULTANT is responsible. M. Non -Discrimination. The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Contract as if fully set forth herein. N. Interest by City Officials. No elected official, officer, or employee of CITY shall during his or her tenure or employment and for one year thereafter, have any interest, direct or indirect, in this Contract or the proceeds thereof. O. Work Product. All materials such as reports, exhibits, models, graphics, computer files, maps, charts, and supporting documentation produced under work authorized by this Contract ( "Materials ") shall become the property of CITY upon completion of the work. CITY may use the information for the Project for which they were prepared. Such use by CITY shall not relieve any liability on the part of CONSULTANT. Notwithstanding any of the foregoing to the contrary; (a)CONSULTANT may reuse standard details of its 8  Materials in the normal course of its business; and (b)CITY understands that the Materials have been prepared for a specific project, and are not intended to be reused for other purposes. If CITY reuses the Materials for any other purpose, CITY waives any claims against CONSULTANT arising from such reuse and agrees to defend and indemnify CONSULTANT from any claims arising from such reuse. P. Governing Law. This Contract shall be deemed to have been made and accepted in Winona County, Minnesota, and the laws of the State of Minnesota shall govern any interpretations or constructions of the Contract without regard to its choice of law or conflict of laws principles. Q. Data Practices. The PARTIES acknowledge that this Contract is subject to the requirements of Minnesota's Government Data Practices Act (Act), Minnesota Statutes, Section 13.01 et seq. CONSULTANT agrees to abide by the applicable provisions of the Act, HIPAA requirements and all other applicable state or federal rules, regulations or orders pertaining to privacy or confidentiality. CONSULTANT understands that all of the data created, collected, received, stored, used, maintained or disseminated by CONSULTANT in performing those functions that the CITY would perform is subject to the requirements of the Act, and CONSULTANT must comply with those requirements as if it were a government entity. This does not create a duty on the part of CONSULTANT to provide the public with access to public data if the public data is available from the CITY, except as required by the terms of this Contract. R. No Waiver. Any PARTY's failure in any one or more instances to insist upon strict performance of any of the terms and conditions of this Contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or of that PARTY's right to assert or rely upon the terms and conditions of this Contract. Any express waiver of a term of this Contract shall not be binding and effective unless made in writing and properly executed by the waiving PARTY. S. Data Disclosure. Under Minn. Stat. § 270C.65,Subd. 3 and other applicable law, CONSULTANT consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to CITY, to federal and state agencies and state personnel involved in the payment of CITY obligations. These identification numbers may be used in the enforcement of federal and state laws which could result in action requiring CONSULTANT to file state tax returns, pay delinquent state tax liabilities, if any, or pay other CITY liabilities. T. Patented Devices, Materials and Processes. If this Contract requires, or CONSULTANT desires, the use of any design, device, material or process covered by letters, patent or copyright, trademark or trade name, CONSULTANT shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with CITY. If no such agreement is made or filed as noted, CONSULTANT shall indemnify and hold harmless CITY from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services E  agreed to be performed under the Contract, and shall indemnify and defend CITY for any costs, liability, expenses and attorney's fees that result from any such infringement. U. Mechanic's Liens. CONSULTANT hereby covenants and agrees that CONSULTANT will not permit or allow any mechanic's or materialman's liens to be placed on CITY's interest in the Property that is the subject of the Project during the term hereof. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on CITY's interest, CONSULTANT shall take all steps necessary to see that it is removed within thirty (30)days of its being filed; provided, however, that CONSULTANT may contest any such lien provided CONSULTANT first posts a surety bond, in favor of and insuring CITY, in an amount equal to 125% of the amount of any such lien. V. Severability. The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Contract to the extent of its invalidity or unenforceability, and this Contract shall be construed and enforced as if the Contract did not contain that particular provision to the extent of its invalidity or unenforceability. W. Entire Contract. These terms and conditions constitute the entire Contract between the PARTIES regarding the subject matter hereof. All discussions and negotiations are deemed merged in this Contract. X. Headings and Captions. Headings and captions contained in this Contract are for convenience only and are not intended to alter any of the provisions of this Contract and shall not be used for the interpretation of the validity of the Contract or any provision hereof. Y. Survivability. All covenants, indemnities, guarantees, releases, representations and warranties by any PARTY or PARTIES, and any undischarged obligations of CITY and CONSULTANT arising prior to the expiration of this Contract (whether by completion or earlier termination),shall survive such expiration. Z. Execution. This Contract may be executed simultaneously in two or more counterparts that, when taken together, shall be deemed an original and constitute one and the same document. The signature of any PARTY to the counterpart shall be deemed a signature to the Contract, and may be appended to,any other counterpart. Facsimile and email transmissions of executed signature pages shall be deemed as originals and sufficient to bind the executing PARTY. 10  SECTION VII —SIGNATURES IN WITNESS WHEREOF, the PARTIES have hereunto executed this document the day and year first above written. CONSULTANT: ENGAGE WINONA By: Date: Signature) Title: Print Name: By: Date: Signature) Title: Print Name: CITY OF WINONA: By: Date: Mark F.Peterson, Its Mayor Date: Monica Hennessy Mohan, Its City Clerk 11  EXHIBIT 1 SCOPE OF SERVICES Subject to the terms of this Contract, CONSULTANT shall perform the following services: CONSULTANT shall prepare a neighborhood planning report based on research and the public input processes described in the Proposal below. The report shall: IDENTIFY THE CURRENT STORY of the neighborhood's history, values and sense of place; 2. CREATE A FUTURE VISION for the'neighborhood, including desired places, spaces, features, events, and community projects; 3. IMAGINE AN ART OR PLACE -BASED PROJECT by working collaboratively with a group of neighbors on ways they can tell the neighborhood's current and future story; 4. CREATE A PLAN AND ROADMAP that includes data and stories on the neighborhood, a report on top themes and priorities, and strategies to assist neighbors with change; 5. RECOMMEND CITY AND OTHER RESOURCES to assist with change -making projects. PROPOSAL Engage Winona, the City of Winona and Winona - based Art of the Rural will bring together a Winona neighborhood in spring and summer of 2019 to tell the story of the neighborhood's history and identity, create a shared future, and work together to build it.The project will: 1. HOST EVENTS THAT CONNECT diverse, representative groups of neighborhood residents, to build relationships and social capital; 2. FACILITATE CONVERSATIONS to learn what neighbors value, seek to change, and dream big about creating in their neighborhood; 3. IDENTIFY THE CURRENT STORY of the neighborhood's history, values and sense of place; 4. CREATE A FUTURE VISION for the neighborhood, including desired places, spaces, features, events, and community projects; 5. IMAGINE AN ART OR PLACE -BASED PROJECT by working collaboratively with a group of neighbors on ways they can tell the neighborhood's current and future story; 12 6. CREATE A PLAN AND ROADMAP that includes data and stories on the neighborhood, a report on top themes and priorities, and strategies to assist neighbors with change; 7. ALIGN CITY RESOURCES to assist with change -making projects; 8. EMPOWER NEIGHBORS TO CREATE CHANGE by convening, training, and guiding individuals and groups to take on change - making projects. OUTCOMES This project is designed to empower change in a primary Winona neighborhood by bringing together residents and collaborating with them on designing and building the neighborhood' s future. It is also designed to create a potential citywide model of innovative, collaborative neighborhood engagement as the city considers how it will do future engagement specifically around the comprehensive plan, and generally in individual neighborhoods. This project is intended to: 1. Create strong and lasting social bonds among neighborhood residents, including diverse residents who may have not felt included in previous neighborhood engagement; 2. Identify the stories, values, assets and resources that make the neighborhood unique; 3. Provide a concrete vision and plan for the neighborhood's future, based on local needs; 4. Connect the neighborhood to city resources, including zoning, economic development incentives, and others; 5. Create a clear statement of need for projects in order to leverage grants, private investments, and other revenue to improve the neighborhood; 6. Provide rich qualitative data for the city's comprehensive plan on a neighborhood's values, priorities, dreams for change, and vision for the future; 7. Empower neighbors with changemaking skills, tools and resources to participate in building their neighborhood's future; 8. Assist neighborhood leaders with strategies to carry the vision and projects forward; 9. Strengthen a neighborhood's identity, story, and sense of place, both among neighbors and within the Winona community. 13  PROCESS What neighborhood? The need for the pilot phase is to focus on a neighborhood ( outside downtown) with a significant presence of commercial properties and small locally owned businesses, as well as an identity and history known widely across the community. These elements will create the best opportunities to provide economic development and planning assistance, create placemaking strategies, leverage additional funding and resources, and generate community -wide interest and buy -in from future neighborhoods. Engage Winona and the City of Winona have created a list of criteria, and identified the East End and the West Fifth Street commercial corridors as the two broad areas of Winona that potentially meet them. The full list of criteria are: 1. Significant commercial presence (non -residential zoning); 2. Historic character (number of buildings pre -1969 construction); 3. Strong existing sense of identity and place that's known community - wide; 4. Played a notable role in Winona's past, positioned to be influential in city's future vitality; 5. Presence of neighborhood champions; 6. Presence of greater neighborhood interest; 7. Possibilities to leverage additional funding and resources; 8. Other criteria as provided by neighborhood residents or collaborators. Engage Winona will make the decision by using the criteria below and conducting field work — mapping assets, talking to residents, and reaching out to community leaders in primary neighborhoods. The pilot project is designed to create a model and process that can then be used with additional neighborhoods, including those that are primarily or exclusively residential. How will people be brought together? Engage Winona will connect neighborhood residents and leaders in one -on - one and small group conversations to build engagement and buy -in,then host a series of neighborhood -wide gatherings, events and conversations. These gatherings will be co-created with neighbors and unique to the neighborhood, taking forms of what residents know brings them together: potlucks and cookouts, recreational and social activities, and other events held in collaboration with 14 businesses and community spaces. One -on - one and small -group conversations with residents and leaders to build trust, engagement and buy - in; 2. Build a neighbor network through on-the -ground work; spending time in gathering spaces, going door to door, connecting through social media, using creative mailings, etc.; Social activities and events unique to the neighborhood; 4. Full neighborhood gatherings with intentional designs to tell the story of the neighborhood's past, and emerge the story of the neighborhood's future; 5. Storytelling and placemaking activities; 6. A walking/discovery tour and mapping of local assets; 7. Convening and training small groups to work on identified changemaking projects; 8. Convening a group to identify a place -based project to tell neighborhood's story; 9. Others to be determined collaboratively by residents, facilitators, and city staff. TIMELINE 1. January /February: Selection narrowing and field work; collaborative planning with city staff, appointed and elected officials; neighborhood chosen; 2. February/March: One -on - one, small group conversations with neighborhood leaders and residents; building relationships and creating buy -in; 3. March -May /June: Gatherings, activities, and events held in the neighborhood; 4. April - June: Data and findings collected, curated into report; 5. May -June: Group convened around storytelling/placemaking project; led through process of cultivating stories, art and culture into a product to be shared with the neighborhood; 6. May -June: Small groups convened around changemaking projects; trained in process, connected to resources and activated; 15  BUDGET 1. $ 8, 000: Full process of cultivating buy -in and engagement, convening, gathering, facilitating, harvesting data, forming project groups, and leading place -based project; 2. $ 1, 000: Data collection, curation,report production; 3. $ 1, 000: Materials, including hosting materials, food, and event costs; 4. TOTAL: $ 10,000. Note: This budget assumes ongoing collaboration and in - kind partnership from the city, including occasional staff time to assist with events, the use of public /city - owned spaces, assistance with data collection if needed, and use of printing or minor material resources. 16  EXHIBIT 2 CERTIFICATES OF REQUIRED INSURANCE COVERAGES Certificates ofInsurance attached hereto] 17  EXHIBIT 3 COMPENSATION Subject to the limitations set forth in this Exhibit, CITY will pay CONSULTANT a flat fee of 00 10, 00. ( Contract " price ") for CONSULTANT's services, including expenses, under this Contract. CITY will make a $7, 500 payment to CONSULTANT in March of 2019 and a $2, 500 payment to CONSULTANT upon completion of the required report. 18  REQUEST FOR COUNCIL ACTION Agenda Section: New Business Originating Department. Date No: 5. Public Works 19 3/ 4/ 1 Item: Community Forest Grant Expansion No. 5.2 SUMMARY OF REQUESTED ACTION: The Community Forest Grant the City was awarded in 2018 is offering to more than double the grant amount by awarding an additional $10,000. Staff would use the additional funds to reforest Prairie Island Park, which suffered some of the highest concentrations of emerald ash borer mortality. The City's tree crew and Park staff would partner with the camp ground operator and volunteers to complete the tree planting prior to June 1St , 2019. In order to receive the additional grant funds, the City would need to provide an additional 1, 100 in cash match. Staff would utilize money budgeted for tree planting to meet the match requirement. Staff time would serve as an in -kind match as well. If Council wishes to accept an expanded grant award, a motion of support would be in order. Upon receiving Council support, the DNR will create a revised contract for the Mayor and Clerk to execute. Department Approval: City Manager Approval:  REQUEST FOR COUNCIL ACTION Agenda Section: Council Concerns Originating Department: Date: No: 7 City Clerk 19 03/ 04/ Item: Council Concerns No. 7.1 SUMMARY OF REQUESTED ACTION: Time is reserved for Council Concerns. Department Approval: City Manager Ap royal:  REQUEST FOR COUNCIL ACTION Agenda Section: Consent Agenda Originating Department: Date: No: 8 City Clerk 03/ 04119 Item: Consent Agenda SUMMARY OF REQUESTED ACTION: City Clerk: Item No. 8.1: Approval of Minutes — February 19, 2019 Minutes of the February 19, 2019 City Council meeting have been distributed. If the minutes are satisfactory, a motion to approve same would be in order. City Clerk: Item No. 8.2: Ordinance to Rezone the Parcel at 2015 Garvin Heights Road An ordinance to rezone the parcel at 2015 Garvin Heights Road from Agriculture /Natural Resource District to Rural Residential was introduced at the February 19, 2019, Council meeting. The purpose and effect of the proposed ordinance has been published by law. Accordingly, the ordinance may now be considered for final adoption. City Clerk: Item No. 8.3: Ordinance to Remove the One -Hour Parking on the Northerly Side of Fifth Street An ordinance to remove the one - hour parking on the northerly side of Fifth Street was introduced at the February 19, 2019, Council meeting. The purpose and effect of the proposed ordinance has been published by law. Accordingly, the ordinance may now be considered for final adoption. City Clerk: Item No. 8.4: Claim Against the City by Traci Kauphusman Traci Kauphusman has filed a claim against the city for damages to her vehicle by a city plow. The claim has been forwarded to the League of Minnesota Cities - Insurance Trust, and is on file in the City Clerk's Office. Department Approval: City Mager Approval: