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HomeMy WebLinkAbout2012-03-08 - Council AgendaAgenda Corcoran City Council March 8, 2012 - 7:00 PM 1. Call to Order 1 Roll Call 2. Pledge of Allegiance 3. Agenda Approval 4. Open Forum 5. Presentations - Hennepin county Commissioner Jeff Johnson 6. Planning Business 1 Landform -None 7. Engineering 1 Wenck -None 8. Public Hearing -None 9. Consent Agenda a. Draft Minutes of 02/23/12 Council Meeting* b. Resolution 2012 -09 Reestablishing Election Precincts and Polling Places* 10. Staff Reports 1 Memos /Commissions a. Parks and Trails Commission Draft Minutes of 02.21.12* b. Council Liaison Report c. 5th Annual Truck Safety Seminar & Award of Merit Resolution 2012 -10* 11. Unfinished Business -None a. Sewer and Water Project i. Update* ii. Cooperative Agreement Between City and Met Council on Sewer* b. PW Facility* c. Commission Appointments d. Approval of Revised Employee Handbook* e. Draft 2012 -2016 CIP* 12. New Business a. Approval of Sign Bid for City Park* 13. Claims as Presented * a. Escrow Claims (Fund #500) b. Building Inspections Claims c. All Other Claims As Presented 14. Unscheduled Items 15. Closed Meeting a. Consider purchase of Roehlke property for a Public Works Facility 16. Review of Upcoming Council Meeting Agenda 17. Adjournment *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. Agenda Memo -March 8, 2012 To: Mayor and City Council From: Dan Donahue, City Administrator Regarding: Administrator Notes to Council Meeting Agenda 4) Open Forum 5) Presentations - Hennepin County Commissioner Jeff Johnson 6) Planning Business -None 7) Engineering -None 8) Public Hearing -None 9) Consent Agenda a) Council Draft Minutes of February 23, 2012 Council Meeting b) Resolution 2012 -09 Elections Business. The state is asking all cities to re- affirm their polling places and precincts. No changes are being looked at or required due to Redistricting. 10) Staff Reports. a) Parks and Trails Draft Minutes of February 21, 2012 b) Council Liaison Report c) Resolution 2012 -10 Truck Safety. See report 11) Unfinished Business. a) Sewer and Water Project. i) Update. I am sure the council would like to discuss the Friday, March 2nd meeting with the downtown businesses. In you packet are several pieces of background material. They include: the two graphs that the council discussed at the March 2nd meeting, the memo from Tammy Page 1 Agenda Memo -Marsh s, 2012 Omdal that was in your packet from the last council meeting, and the State Statute on Tax Anticipation Bonds. I did briefly talk to Paul Donna of Northland after the Friday morning meeting. He is putting together some information on Special Taxing Districts and related material. I will have this to pass out at the meeting. ii) Met Council Sewer Agreement. This is the agreement the Met Council sent to us regarding the Lift Station and the pipe to it from Maple Grove. The city engineer and I will be reviewing and advising the council on how to proceed with approving that document. b) PW Facility. The same material that was in your council packet from the last council meeting is again included in this packet. I have added a draft RFP that could be used to move directly to starting the full architectural. This document is based on the construction manager process and would have to be altered if the city were to use the contractor process. The city engineer and I have talked over the last week, we are still going to recommend that we first go to the limited RFP for preliminary design. We believe the overall cost of the project will be lower and we will have a better plan as a result. c) Commission Appointments. In you packet are the applications for the Planning Commission from Meredith Wu for a permanent three year appointment and a one year appointment for Dorothy Theis as an Alternate Commissioner. d) Employee Handbook. In your packet is the completed and finished document. If you approve then a motion is in order to adopt. Motion should include that it applies to all employees (although certain sections will not apply to the Police Union due to language in that contract) as of last December 1, 2011. Page 2 Agenda Memo -Marsh s, 2012 e) Draft CIP 2012 -2016. At the last council meeting, the council reviewed the draft CIP. You made several recommendations regarding the PW equipment, city hall improvements, and IT expenditures. Staff has redrafted the CIP and lowered the expenditure requests for 2012 and 2013 from $503,000 to $457,500 or $56,500 lower. The PW Superintendent has gone back to the venders on the skid loader, excavator, and the shoulder machine and has cut the cost by some $16,500. 1 am looking for council approval of the CIP as we can then internally borrow for the big payment coming soon on the dump truck. We would also package the Certificate Bond Issue when we bond for other projects later this year. 12) New Business a) Sign Bids. The Parks and Trails Commission passed a motion at their last meeting to recommend the sign bid submitted by Signs Now for $7,139.14. These are aluminum signs with a vinyl covering. The vinyl can be easily replaced at a later date if changes are made or the vinyl starts to deteriorate (5 -10 years). The higher bid was for wood signs much like what is in front of city hall at a much higher cost. Funds would come from the Park Dedication Fund. 13) Claims. 14) Unscheduled and Other Items 15) Closed Council Meeting. Consider possible Offer to Purchase Property at 23185 County Road 10 for PW Facility. The city attorney said he will most likely be sending you a confidential packet next week. He has talked to the Roehlke attorney and informed them that the council may take action to drop the purchase request if there is no movement on the city's offer. Council Calendar Page 3 Agenda Memo -March $, 202 Planning Commission P& T Commission 2/2/12 No Mtng 3/1/12 4/5/12 5/3/12 6/7/12 7/5/12 Asleson Asleson Milbrandt Guenthner Cossette Gmach 2/21/12 3/20/1 2 4/17/12 5/15/12 6/19/12 7/17/12 Asleson Milbrandt Guenthner Cossette Gmach Asleson Page 4 City of Corcoran City Council Meeting Minutes February 23, 2012 9a. The Corcoran City Council met on February 23, 2012, at City Hall in Corcoran, Minnesota. Present were, Mayor Guenthner, Councilor Asleson, Councilor Cossette, Councilor Gmach, and Councilor Milbrandt. Also present were City Administrator Donahue, Public Works Superintendent Meister, and City Clerk Heinecke. Mayor Guenthner called the meeting to order at 7:00 pm. 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval MOTION: made by Milbrandt, seconded by Gmach to approve the agenda as presented with the following addition: 11 e. Authorization to approve the Trusight contract. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0). 4. Open Forum -None 5. Presentations -None 6. Planning Business / Landform -None 7. Engineering / Wenck -None 8. Public Hearing -None 9. Consent Agenda a. Draft Minutes of 02/09/12 Council Meeting b. Public Safety RMS c. IT Loffler Managed Service d. Appoint City Assistant Weed Inspector e. Ordinance 2012 -271 Summary of Fee Ordinance 2012 -270 MOTION: made by Cossette, seconded by Gmach to approve 9a. Draft Minutes of 02/09/12 Council Meeting as presented. 9c. IT Loffler Managed Service Agreement as presented. 9d. Appointment of City Assistant Weed Inspector as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0). MOTION: made by Cossette, seconded by Gmach to approve 9b. Public Safety RMS (LOGIS) Law Enforcement Records Management System as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0). MOTION: made by Cossette, seconded by Gmach to approve a. 9e. Ordinance 2012 -271 Summary of Fee Ordinance 2012 -270 as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0). 10. Staff Reports/ Memos /Commissions a. Council acknowledged receipt of the Planning Update — no action taken b. Council acknowledged receipt of the Metro Cities Fiscal Disparities Update — no action taken 11. Unfinished Business -None a. Sewer and Water Project Update — Tammy Omdal of Northland Securities presented an overview of reports provided to the council. City of Corcoran City Council Meeting Minutes February 23, 2012 9a. 1. Scope for Sanitary Sewer and Water Improvement Project 2. Draft Sanitary Sewer and Water Services Policy 3. Draft Utility Rate Fee Schedule 4. Sewer and Water Preliminary Pro Forma Mayor Guenthner scheduled an informational public meeting to discuss a potential Downtown Sewer and Water project. Meeting date is March 2, 2012, 7:30am at Corcoran City Hall. b. Council acknowledged receipt of a memo and draft RFP for a Public Works Facility. MOTION: made by Gmach, seconded by Cossette to authorize Wenck Associates Inc. to proceed with the RFP as presented with expandability provisions and all previously identified information included. Council discussed other options available for receiving preliminary drawings. MOTION: made by Milbrandt, seconded by Asleson to table the Public Works RFP motion until additional information can be received from the City Engineer. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0). c. Commission Appointments MOTION: made by Gmach, seconded by Asleson to appoint the following as Parks & Trails Commissioners: Val Nybo Rachel Tessmer Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0). MOTION: made by Milbrandt, seconded by Gmach to appoint the following as Planning Commissioners: Darrell Krueger Robert Laddusaw (Alternate) Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0). d. Employee Handbook in final form will be presented for approval on the 3/8/12 meeting agenda. e. Trusight Proposal MOTION: made by Asleson, seconded by Cossette to authorize execution of the Trusight Terms of Engagement Agreement as presented. Voting Aye: Guenthner, Asleson, Cossette, and Milbrandt. (Motion carried 4:0). Councilor Gmach abstained 12. New Business a. Council discussed the 2012 -2016 CIP plan presented by Administrator Donahue — no action taken b. Cropland Proposal Resolution 2012 -08 MOTION: made by Milbrandt, seconded by Asleson to approve Resolution 2012 -08 (Awarding Cropland Contract) as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0). 13. Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by Milbrandt, seconded by Gmach to approve escrow claims as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. City of Corcoran City Council Meeting Minutes February 23, 2012 (Motion carried 5:0). b. Building Inspections Claims MOTION: made by Milbrandt, seconded by Asleson to approve building inspection claims as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0). c. All Other Claims As Presented MOTION: made by Milbrandt, seconded by Asleson to approve all other claims as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0). 14. Unscheduled Items -None 15. Review of Upcoming Council Meeting Agenda a. Planning Commission Appointment b. Liaison Report c. Public Works Building Plan MOTION: made by Milbrandt, seconded by Gmach to adjourn. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0). Meeting adjourned at 9:30 pm Jeanie Heinecke, City Clerk L� I K 9a. City of Corcoran March 8, 2012 County of Hennepin State of Minnesota RESOLUTION NO. 2012 -09 9b. Motion By: Seconded By: A RESOLUTION TO REESTABLISH ELECTION PRECINCTS AND POLLING PLACES WHEREAS, the legislature of the State of Minnesota has been redistricted; and WHEREAS, Minnesota Statute section 204B.14 subd.3 (d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first; BE IT RESOLVED, that the Council of the City of Corcoran hereby certifies that the boundaries of: Precinct 1: Commencing on Strehler Rd at the West City limit, East on Strehler Rd to Bechtold Rd; North on Bechtold Rd to Co Rd 10; East on Cc Rd 10 to Cain Rd; North on Cain Rd to Meister Rd; East on Meister Rd to Co Rd 116; North on Co Rd 116 to Schutte Rd; East on Schutte Rd to East City limit; North on Brockton Lane to North City Limit; West on Co Rd 117 to West City Limit; South on Maple Park Rd to Oakdale Dr; West on Oakdale Dr to West City limit; South to Strehler Rd. Precinct 2: Commencing on State Hwy 55 at the West City limit to the East City limit; North on Co Rd 101 to Schutte Rd; West on Schutte Rd to Co Rd 116; South on Co Rd 116 to Meister Rd; West on Meister Rd to Cain Rd; South on Cain Rd to Cc Rd 10; West on Co Rd 10 to Bechtold Rd; South on Bechtold Rd to Strehler Rd; West on Strehler Rd to West City limit; South to State Hwy 55; within the City of Corcoran, County of Hennepin, State of Minnesota, remain unchanged following state legislative redistricting, and hereby reestablish the precincts with those boundaries as required. FURTHER BE IT RESOLVED, that the designated polling place for Precinct 1 and Precinct 2 is hereby reestablished to remain at 8200 County Road 116, in accordance with Minnesota Statutes 204B.16. VOTING AYE ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn VOTING NAY ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn Whereupon, said Resolution is hereby declared adopted on this 8th day of March, 2012. Page 1 of 2 City of Corcoran County of Hennepin State of Minnesota RESOLUTION NO. 2012 -09 ATTEST: Jeanie Heinecke — City Clerk Kenneth Guenthner - Mayor Page 2 of 2 City Seal March 8, 2012 0 Minutes Corcoran Parks and Trails Commission Tuesday, February 21, 2012 7:00 PM Present: Commissioners Kevin Dale, Chad Robran (7:15 pm), Trish Krueger, Val Nybo, Tom Anderson (7:20 pm), Rachael Tessmer Absent: None Others attending: Council Liaison Asleson, Ken Guenthner, City Administrator Donahue 1) Convene Regular Parks & Trails Commission Meeting — Chair Krueger called the meeting to order at 7:05 pm in the Corcoran Community Center 2) Pledge of Allegiance 3) Approval of- a) Agenda. Add: i) 7f. Discussion on Student commissioners ii) 7g. Discussion about the use of Plymouth's Zamboni ice refinisher on our hockey rink. iii) Motion by Nybo seconded by Dale to approve the agenda as presented with additions. Voting Aye: All (Motion carried 4:0) b) Minutes of 11/15/11 Meeting. Motion by Nybo, seconded by Dale to approve the 11/15/11 meeting minutes as presented. Voting aye: All (Motion carried 4:0) 4) Open Forum -None 5) Presentations -None. 6) Old Business a) Rush Creek Plat. The commissioners reviewed the Rush Creek Plate and the dedicated park easements. They had asked to see the actual filed plat to assure that the city did indeed have easement rights for park use. b) Hennepin Youth Sports Grant and Equipment Grant Update. Donahue and Robran explained the status of the two grant programs. Corcoran and the Rockford School district were not awarded the Sports grant but were awarded the $10,000 Equipment Grant. Donahue explained that the city has not received the paperwork from the Sports Commission so no action can be undertaken until the documents have been approved by the city council. Robran said he had been contacted by the sports Commission staffers and they urged the city to consider applying for additional Equipment grant funds for tennis. This will be looked into. Robran said that he is in contact with the Rockford School District and their efforts to again apply for the Sports Grant in 2012. Robran further said that there appears to be some changes in the grant proposals as Greenfield may no longer be interested in locating the varsity level baseball field in their city. Robran will keep abreast of the activities regarding the future grant application and assess the impact the grant might have on Corcoran. c) 2012 Parks Work Plan i) Park CIP Recommendations. Commissioners discussed on how to best make a recommendation to the city council on the plan discussed and developed at the October P & T Meeting. Commissioners had stated in their November 15, 2011 meeting any consideration of CIP recommendations should wait until after the status of the Hennepin Youth Sports Grant was known. The commissioners reviewed the CIP list that they had Parks and Trails Commission Minutes, Feb. 21, 2012 on the November 15, 2011 agenda. They concluded that the commission would recommend the following for 2012 in order of priority: (1) Playground mulch (2) Erect the three park entrance signs (3) Review existing and proposed park rest room facilities and use of portable biffs (4) Get serious about fixing and upgrading the park field lighting and the use of timers or other mechanisms to control the lights at night (5) Motion: Robran and seconded by Tessmer to ask City Council to approve bid from Signs Now for $7,139.14 for the three park signs as detailed in their bid estimate of September 6, 2011. Voting aye: All (6:0). Donahue stated he would check with the company to determine if their bid was still current. ii) Park Maintenance. Park superintendent could not attend the Ating. The Commission had wanted to discuss this year's park maintenance plank The superintendent will be at the March 20th P & T meeting. 4" iii) Memorial Park Maintenance. Donahue asked the Commission to state their policy on how the Memorial Parkin the back of City Hall was to be main d and how such maintenance was to be financed. The Commission said that main ce cost were to be covered by the Pat Puhle Fund and the Memorial Park Maintenance [the two funds have a balance of $250.74 and $11,704.88 respectively nd are not Pa ation fees received in the past by the city] 7) New Business L a) 2012 Fee Schedule. The 2012 Fee Schedule adopted by the city council was reviewed. Donahue explained that there wa(e no changes to the previous 2011 fees as they pertain to park usage. b) Rugby Fee Request. Ken Guenthner requested that the Rug y eam, of which he coaches, be classified as a Group 1-(Corcoran youth team) instead as a Group 2 team which would mean they would be subject to fees. Guenthner stated that this team meets the criteria such as composed of many school age youth, the team is made up of many Corcoran residents, and is not a "for profit" team. The Commission was asked to agreed that the team should be so classified. Guenthner said that the team was willing to make a donation to the city for the early spring use of the fields and/or provide volunteer service to park cleanup. Motion: Robran and seconded by Dale to classify the Rugby team as a Group 1 team and no fee for fild use should be assessed but that the city would accept any donation of money or service the team was will to make. ALI voted Aye (6:0) c) Team Scheduling. Donahue explained that the city staff did not have the ability due to limited resources to make changes in 2012 to the scheduling of the park fields. The city staff would handle as they have in previous years. Robran said that all youth field use should be handled through him. He would talk to the admin staff at city hall to work out the detail. Also, Dale asked that city staff check to make sure the Corcoran Athletic Association had a link to their web page and the field schedules on the city web page. d) Tree Give A Way. Anderson said he is again heading up the program and would be obtaining 400 trees again this years as he has done in the past using a donation from the Jaycees. The trees would not be given out at the scheduled May 12th City Cleanup due to timing issues related to when he would have to get the trees. He will work with city staff to include an article in the City Newsletter. e) CDBG application and Maple Hills proposed community center. Donahue informed the Commission of the Community Development Block Grant (CDBG) application for $225,000 was approved by the city council for the development of about a 2,000 sq ft community center that (if approved) would be located in the Maple Hills Estate development. The Commission expressed approval of the application and said they supported. 2 Parks and Trails Commission Minutes, Feb. 21, 2012 f) Student Commissioners. The commissioners asked about the process to attract students to the commission. Donahue said that no students had applied to date. Robran suggested that the five high schools serving Corcoran youth are notified through their respective councilor offices of the opportunity to serve their community. Donahue will follow up with Robran. g) Zamboni. Donahue responded to information presented by Robran of the city's current use of a Plymouth owned Zamboni ice refinisher machine. The machine was being tried out by the Public Works Dept. and trying to determine if this would be of benefit to the city. The commission would like more information at their next meeting when the PW Superintendent would be at the meeting. 8) Subcommittee and Miscellaneous Reports a) City Council Liaison Asleson updated the Commission on council activities including the i) Sewer and Water project and the review of the downtown option ii) The development and search for a Public Works site on which to build iii) The possible March 2, 2012 meeting of the do town property Soneron their interest in a sewer and water project. b) Corcoran Athletic Association. Dale updated the C ission on ace also talked about the recent Pancake Breakfast and thought this year's event wasful. c) Park Dedication Fund. This was reviewed. Discussion followed on the merits of combining the Pat Puhle Fund and the Memorial Maintenance Fund into one fund for the purpose of having resources to cover special maintenance on the park. It was noted that the bulk of the Pat Puhle fund ($645.10) had been spent on buying and installing a memorial as requested by the Puhle family. Motion: Anderson and sec` by Dale to ask the council to combine the two funds. All voted aye (6:0) 9) Other Business. Announcements -None 10) Motion by Anderson andseconded by Robran to adjourn. All voted in aye: (motion carried 6:0) Meeting adjourned at 9:44 p.m. L Next Meeting: March 20 012 at 7:00 p.m. Respect ted, Daniel Donahue City Administrator 3 STAFF REPORT / POLICE DEPARTMENT Agenda Item 10c. Council Meeting: Prepared By: March 8, 2012 Chief Sean Gormley Topic: Action Required: 5th Annual Truck Safety Seminar Accept Donated Funds Resolution Background The community held its 5t" Annual Truck Safety Seminar, February 23rd at Doboszenski and Sons, Inc. shop facility. Approximately 203 participants spent a half -day with public safety representatives from the Corcoran Police Department, Minnesota State Patrol and our new partner — Hennepin Technical College. After the seminar, the attendees where treated to a complimentary lunch. In reviewing the attendee's comments and evaluations, there is very strong desire to continue this safety training for our 6t" Annual Truck Safety Seminar, February 28, 2013. The success of this program is a direct reflection from; The City Council's support The trucking community interest and feedback Our local businesses and sponsors Employees at City Hall Public Works Department Police Department I will be presenting on behalf of the City of Corcoran — "Award of Merit" to Corcoran Resident / Truck Safety Seminar Committee Director Tim Mans. Recommendation Motion to approve, City of Corcoran Resolution 2012 -10, which accepts the donations made to the City of Corcoran and these donations to be utilized for the Truck Safety Seminar program. City of Corcoran County of Hennepin State of Minnesota CITY OF CORCORAN RESOLUTION 2012 -10 MOTION BY: SECONDED BY: Commendation of Truck Safety Seminar and Approval of Donated Funds loc. WHEREAS, the City of Corcoran supports the efforts of the Annual Truck Safety Seminar; and WHEREAS, Doboszenski and Son, Inc. of Corcoran was host site for 5th Annual Truck Safety Seminar; and WHEREAS, an "Award of Merit" to Truck Safety Seminar Committee Director Tim Mans; and WHEREAS, Annual Truck Safety Seminar planning committee consisted of, Tim Mans — Mans Excavating, Inc., Mike Seibert and Employees of Doboszenski & Sons, Inc. and Chief Sean Gormley, Lieutenant John Hamilton, Police Clerk Paula Steelman and members of the Corcoran Police Department, Supervisor Pat Meister and Public Works Staff, Minnesota State Patrol and Hennepin Technical College; and WHEREAS, the following donors have made a contribution to the City of Corcoran to be utilized in support of the Truck Safety Seminar program; and Midstate Crane Service, Inc. $50.00 Elmer J. Peterson Company $125.00 Neumann's Enterprise LLC $25.00 Super Swivels $100.00 Headquarters Machine & Restoration $25.00 Ess Brothers $250.00 Road Machinery & Supplies - Tentative Donation $500.00 Lange & Sons Equipment Trans LTD $75.00 Ende Septic Service, LLC $100.00 Ebert Construction $100.00 Kamida, Inc. $50.00 Gary's Diesel $40.00 Bobcat of West Metro $100.00 Burschville Construction, Inc. $50.00 Napa of Corcoran $75.00 Eull's Manufacturing Co., Inc. $100.00 En ima Ventures $50.00 Oh'Landscapes $75.00 DMJ Asphalt $200.00 KID & Company $50.00 Gary Koecheler & Associates $100.00 Swifty Sweep, Inc. $40.00 Fish & LaBeau Signs $100.00 Gleason Century Farms $50.00 Nuss Truck & Equipment $200.00 Kothrade Sewer $100.00 Zi lers $200.00 MSM Services Matt Miller $40.00 Nodland Construction Company $200.00 Cutting Edge Property Maintenance $100.00 Veit $150.00 West Side Tire $100.00 Odland Protective Coatings, Inc. $100.00 IEC (Industrial & Environmental Concepts) Inc. $40.00 Cash Donations $162.31 RDO Equipment Co. $300.00 Total $4,122.31 NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran acknowledges the outstanding efforts by the truck safety planning committee, the kindness of the host site, and the generosity of all donors and graciously accepts the financial donations as listed above. VOTING AYE ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn VOTING NAY ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn Whereupon, said Resolution is hereby declared adopted on this 8th day of March, 2012. ATTEST: Jeanie Heinecke — Clerk Kenneth Guenthner - Mayor City Seal W MEMORANDUM NORTHLAND STRATEGIES Special Projects Group To: City of Corcoran From: Tammy Omdal Date: February 23, 2012 Re: Sanitary Sewer and Water Utility The purpose of this memorandum is to provide additional background to assist the City in defining the scope for implementing sanitary sewer and water improvements and the establishment of a municipal utility. A city policy for the services has been drafted for Council review and comment. Northland has prepared preliminary options for trunk line availability charges, connection charges, and usage fees. Working with Kent Torve, from Wenk Associates, Northland developed an initial operating pro form for the utility. Scope for Sanitary Sewer and Water Improvement Project Northland was asked to analyze a possible funding option that would allow for the inclusion of the downtown area in an overall project scope for sanitary sewer and water improvements. This is shown as Option 5a in Attachment A to this memorandum. The following assumptions (target amounts) were given to Northland for Option 5a: - Base project cost: $1,802,000 - Include project cost for "under CR 116 ": $108,000 - Include project cost for downtown area sewer and water trunk line: $1,062,000 - Include payment to Maple Grove: $300,000 - Include assessments to property owners for base project cost: $300,000 - Result of analysis must achieve a minimum amount for city cash flow: $450,000 Given these assumptions (target amounts) the City would need to assess the property owners in the downtown area a minimum of $900,000 or about 85% of the project cost for bringing sanitary sewer and water to the downtown area. The assessment would need to be allocated on a proportional basis to individual parcels in the downtown area. Following the requirements of MN Statute 429, the City would have the ability to issue debt to finance the improvements with assessments payable by the benefiting property owners over a period of years (estimated at 15 years). Assuming $900,000 was financed over 15 years at 4 %, the annual combined assessments payable is estimated to be approximately $110,000 payable annually for 15 years. In addition to summarizing this new Option 5a, Attachment A to this memorandum provides a comparison to the project scope that the Council approved at a prior meeting, which includes the base project plus improvements under County Road 116; this is shown as "Alternative 1a" on the Northland Securities, Inc. 45 South 7th Street Suite 2000, Minneapolis, MN 55402 Toll Free 1- 200 -851 -2920 Main 612- 851 -5900 www.northlandsecLnities.com Member FINRA and SIPC Sanitary Sewer and Water Utility February 23, 2012 Page 2 Attachment. Option 5, also shown on the Attachment, was previously presented to the City Council and includes completing the base project and assessing a portion of the costs, plus improvements under County Road 116, and the addition of improvements to the downtown area. Option 5 did not include assessments to property owners in the downtown area. Policy for Sanitary Sewer and Water Utility A draft policy for municipal sanitary sewer and water utility services has been developed and is being presented to the City Council for initial comment and direction. The draft policy is included as an attachment to this memorandum. The Policy will provide guidance for the drafting of an ordinance(s) establishing the sanitary sewer and water utility. Utility Charges and Fees A schedule of preliminary utility fees and charges has been prepared and is attached to this memorandum, Attachment B. The preliminary fee and charges schedule was developed based upon review of neighboring cities and other cities in the metropolitan area. The Council is not being asked to consider acceptance of this fee and charges schedule at this time. The preliminary schedule was prepared to allow for preliminary discussion on the types of fees and charges the Council may want to consider. Development of the preliminary fees and charges schedule provided the basis for estimating revenues for the sewer and water utility pro forma. Preliminary Sanitary Sewer and Water Utility Pro Forma A preliminary pro forma has been developed and is included as Attachment C. The pro forma reflects preliminary assumptions for project costs, sources of project revenue (including assessments), annual operating revenue and expense. Assumptions reflected in the pro forma include the following: a) Revenue assumptions are based on 10 acres of land platted per year; 30 residential equivalent units (REU) added per year; and 100,000 gallons of water sold per REU per year. b) Customers will pay a fee based on water and sewer usage. c) Property owners will pay a connection charge when they hook -up to the systems. d) Property owners will pay a trunk line availability charge (revenue estimates based on collecting charges on 10 acres of land platted per year). e) City will issue debt to finance the estimated $1,200,000 assessment portion of capital projects allowing property owners to pay for assessments over 15 years ($300,000 for base project plus $900,000 for downtown project area). f) City will use tax increment available from TIF District No.1 to pay a portion of capital project costs (shown as transfer in from TIF Fund to Utility Fund). g) City will provide $100,000 in cash contribution from excess TIF redistribution to the utility fund. h) Estimated annual operating expense of $100,000 per year (i.e., cost of billing, printing, legal, maintenance, etc.) i) City will make payment to Maple Grove of $300,000 over two years (2012 and 2013). j) Initial Capital project cost of $2,972,000 (base project, under CR 116, downtown area). k) Debt service payments to be 100% covered by assessments. Sanitary Sewer and Water Utility February 23, 2012 Page 3 Council Direction To help facilitate the discussion, several questions have been identified and are included below for discussion at the meeting. Scope for Sanitary Sewer and Water Improvement Project: a) Does the Council want to include the downtown area in the project scope? b) If so, does the Council want to assess the benefiting downtown property owners for the improvements? If so, additional process (under MN Statute 429) will need to be undertaken in order to implement this decision or possible petition by the property owners. Polio for Sanitary Sewer and Water Utility c) Does the City Council want to force a property owner to connect to the water and sanitary sewer when available to a property? (The Comprehensive Plan may have a time clock that starts when sewer is available). d) Staff is proposing that annually a fees and charges schedule shall be prepared by city staff and presented to the City Council for adoption at the time the annual budget is being considered. Is this acceptable to the City Council? e) Does the City Council want to implement a quarterly or monthly billing cycle for utility customers? f) What other comments / direction does the City Council have on the draft Policy? Utility Charges and Fees: g) Does the Council support the concept of charging utility customers a "base' fee to cover administrative costs, cost of processing statements, printing, mailing, etc.? h) The proposed tier approach to charging for water usage is to comply with the State requirements for conservation. Does the Council want to consider different approaches to meet the conservation requirement (i.e., more tiers, greater increase in fee as usage increases)? i) The proposed usage fee for sanitary sewer includes locking in the usage rate based on a winter month reading. Does the Council generally agree with the proposed approach? j) A separate set of fees is shown for irrigation meters, again related to meeting State requirements for conservation. Does the Council generally agree with the proposed basis for charging for irrigation meters, including the tier system? k) Does the Council agree with charging a connection charge to property owners when they connect to the systems? 1) Does the Council agree with charging a trunk line availability charge to property owners? The Council may decide this is payable when the service is available to a property owner, regardless of whether they choose to connect, or payable only when the connection is established. m) What other comments / direction does the Council have on the fees and charges schedule? For Preliminary Discussion Purposes ATTACHMENT A City of Corcoran Sanitary Sewer and Water Improvement Project Analysis of Funding Options Proiect Sources of Funds. TIF 1,910,000 2,972,000 2,072,000 Bond proceeds - - - Interfund Loan 300,000 - - Assessments Base Project - 300,000 300,000 Assessments Downtown Project - - 900,000 Total 2,210,000 3,272,000 3,272,000 Proiect Use of Funds: Base Project 1,802,000 1,802,000 Include Under CR 116 Project 108,000 Include Downtown Downtwon Project Approved Downtown w/ Assess. Details Option la Option 5 Option 5a Available Tax Increment: 300,000 300,000 300,000 Tax Increment As of End of Year 2011 3,173,396 3,173,396 3,173,396 Plus 2012 TIF 300,000 300,000 300,000 Plus 2013 TIF 300,000 300,000 300,000 Total TIF 3,773,396 3,773,396 3,773,396 Proiect Sources of Funds. TIF 1,910,000 2,972,000 2,072,000 Bond proceeds - - - Interfund Loan 300,000 - - Assessments Base Project - 300,000 300,000 Assessments Downtown Project - - 900,000 Total 2,210,000 3,272,000 3,272,000 Proiect Use of Funds: Base Project 1,802,000 1,802,000 1,802,000 Under CR 116 Project 108,000 108,000 108,000 Downtwon Project - 1,062,000 1,062,000 Subtotal 1,910,000 2,972,000 2,972,000 Plus Payment to Maple Grove 300,000 300,000 300,000 Total Project Costs 2,210,000 3,272,000 3,272,000 Project Sources Less Projected Uses (Must be Zero) - - - Calculation of Unencumbered Funds: Total TIF 3,773,396 3,773,396 3,773,396 Less Amount of TIF Spent 1,910,000 2,972,000 2,072,000 Excess TIF 1,863,396 801,396 1,701,396 Amount of Cash to City from Redistribution 32.2% 599,527 257,840 547,406 Planned Use of Cash Returned to Citv from Redistribution: Use for Utility Fund 100,000 100,000 100,000 Use for Cash Flow 199,527 157,840 447,406 Use for Repayment of Interfund TIF Loan 300,000 - - Total Planned Use of Cash 599,527 257,840 547,406 NORTHLAND STRATEGIES Special Projects Group Corcoran Utility Prel Pro Forma Draft 2 2/16/2012 Draft 1 February 23, 2012 City of Corcoran Sanitary Sewer and Water Services Policy Policy No. XXX I. Purpose and Need for Policy: The purpose of this policy is to provide direction and guidance for the administrative implementation of Ordinance No. X. Water The City of Corcoran offers water for both domestic and fire flow purposes under a thirty (30) year contract (execution date xx /xx /xx) with the City of Maple Grove for the purchase of water to a limited geographic area of the City. The ability of the City of Corcoran to provide water services to its residents and businesses is limited to the southeast area of Corcoran (see Exhibit A). The City projects that this southeast area of Corcoran will eventually contain approximately 6,300 Residential Equivalent Units (REU) connections with an ultimate average day water supply needs of 1.75 million gallons per day. The benefits to the City of Corcoran from obtaining water under contract from Maple Grove include: water is readily available; elimination of capital cost for production wells and towers; increased fire flow capability; treated water (iron /manganese removed); and reduced operating cost. The City of Corcoran purchases water from the City of Maple Grove under a "wholesale concept" where the City of Corcoran is responsible for maintaining its own distribution system, reading meters, sending bills and making repairs. Pursuant to state law, the City of Corcoran is required to maintain its' own conservation rate structure. Sanitary Sewer The City of Corcoran has installed a sanitary sewer system to provide service to its residents and businesses in the limited southeast area of Corcoran that is served with municipal water. The City maintains its system of sanitary sewer system pipes; these sewer pipes connect to regional interceptor sewers that the Metropolitan Council owns and maintains. City of Corcoran, Policy No. XX Page 1 Draft 1 February 23, 2012 II. Policy and Procedures: a. Connection to Water and Sanitary Sewer The City (Question No. 1 —Will or will not ?) force a property owner to connect to the water and sanitary sewer when available to a property (Note to Council: the Comprehensive Plan may have a time clock that starts when sewer is available). An availability charge shall be made against property owners whose property abuts a water or sewer line, even if the owner does not connect to the line. This charge recognizes the ability to connect to the system as a value to the property. The terms for this payment are covered under the Water /Sewer billing section below. b. Water /Sewer billing The City has the authority to impose any combination of use, availability, and connection charges to finance sewer and water facilities. The City has the authority to use a combination of different methods to procure payment for utility service charges. The City maintains the right to prescribe rules for administration and billing for its water and sanitary system. Fee Schedule A utility fees and charges schedule shall be prepared annually by the City Administrator and presented to the City Council for adoption. (Typically Cities note the fee schedule in its Ordinance, rather than changing the Ordinance every year. Question #2 —Does Council support this approach ?). The fee schedule shall be comprehensive and list all utility fees and charges. Frequency of utility service char Utility customers will receive a bill (Question # 3— Monthly or quarterly bills? Staff recommends monthly, to switch in the future is quite cumbersome on residents). The City of Corcoran will prepare the customer statements (or by contracted service) and mail to each customer. Charge for water usage Customers are billed for water based on metered usage in per thousand gallon units. The dollar billed per thousand gallons is set annually by the City Council. A base charge for water service shall be paid by customers, in addition to a usage charge. This base charge is utilized for general administration of utility, maintenance, etc. City of Corcoran, Policy No. XX Page 2 Draft 1 February 23, 2012 Charge for water treatment surcharge All real property that is connected to the municipal water system shall pay a water treatment surcharge as set forth in City ordinance. This payment offsets the City of Corcoran's payment to the City of Maple Grove for water treatment. The water treatment surcharge shall be payable commencing the date a permit is issued for connection of the property to the municipal public water system irrespective of whether the actual water connection is made at the time of the issuance of the permit. All bills for the water treatment surcharge shall be paid with the quarterly water usage charges. Charge for sanitary sewer system usage Sanitary sewer charges are based on the amount of water used. Quarterly charges are established based on a three (3) month winter reading (December, January, and February) of metered water usage and set for the entire year. If an owner is gone for the months that the City averages the sewer (i.e., a resident that lives elsewhere during the winter months), the City will take a percent of the property's total average usage for the year. A base charge for sanitary sewer service shall be paid by customers, in addition to a usage charge. Charge for water and sewer trunk fine availability The term "availability charge" is used as a basis for an acceptable charge against landowners whose property abuts a water or sanitary sewer trunk line, even if the owner does not connect to the line. This charge recognizes the ability to connect to the system as a value to the property. This charge is set by the City Council. For the purpose of paying for the establishment, construction, repair, replacement, maintenance, enlargement and improvement of the City's water and sanitary sewer systems, the City Council has determined that there shall be a Trunk Line Availability Charge ( "TLAC ") payable by every lot, parcel or piece of property which shall hereafter connect to the water or sewer system, or additional use causing excessive discharge of sewage, whether residential, commercial or industrial, or the construction of additional units upon land already connected to the system. It is the policy of the City that the benefit to any lot, piece or parcel of land developed within the City limits and benefiting from sewer interceptor or trunk or availability is similar and that payment for said services or availability should be collected on as fair, reasonable, and equitable basis as possible. In addition to any other charges or fees for sewer connection and use a TLAC charge shall be required of each individual or entity requesting or receiving a connection to the water and /or sanitary sewer systems of the City, unless the cost of City of Corcoran, Policy No. XX Page 3 Draft 1 February 23, 2012 construction for that portion of the system serving an individual lot or tract of land has been paid by the developer or builder platting said lot or tract of land. Charge for connection to water and sanitary sewersystems Connection charges will be set by reference to actual cost of connection as well as by reference to assessments paid by connecting property. Connection charges shall be set on a just and equitable" basis. Handling of mistakes in billing In general, even where a meter is inaccurate or defective, the City maintains the right to recoup the undercharges. If the City undercharges a customer, state law may allow the utility to seek recovery of underpayments for the last six years. The City Administrator shall have the responsibility to make determination on payment related to mistakes (whether in favor or against the City) in billing, following the general guidance provided in this Policy and according to state law. Collection of delinquent payment Nonpayment of any valid utility charge may trigger either a water shut -off or certification of the delinquency to the county auditor for collection with taxes. A valid utility charge includes, but is not limited to deposits, meter charges, connection charges, flat rates, usage charges, penalties, and availability charges. The City Council shall have final authority over actions related to delinquent payment for a property. The City has the authority to certify unpaid water and sewer charges to the county auditor for collection with taxes. It shall be the practice of the City to certify delinquent payments annually, but this may be done on a more frequent basis in certain circumstances. c. Maintenance and repair of sewer and water mains The City of Corcoran has the responsibility of maintaining and repairing water and sanitary infrastructure that is owned by the City and located in or on public right of way or city owned land. Water and sanitary sewer infrastructure located on private property are the responsibility of the property owner to maintain and repair. Should a private repair extend onto public property, the landowner shall be responsible for full restoration. d. Water quality The water the City of Corcoran purchases from the City of Maple Grove is the same quality of water supplied by Maple Grove to Maple Grove residents. Corcoran is under contract with Maple Grove that the use of water from the supply furnished by Maple Grove shall be at all times be governed by the applicable rules, regulations and conditions Maple Grove has in City of Corcoran, Policy No. XX Page 4 Draft 1 February 23, 2012 effect for the preservation, regulation and protection of its water supply, and Corcoran has adopted the same rules, regulations or requirements and to enact and enforce such rules, regulations and requirements as Corcoran ordinances. e. Fire hydrants All fire hydrants within public property or easement the City of Corcoran shall be the property of the City. f. Outside curb stop /water shut off Water shall not be shut -off until notice and an opportunity for a hearing before the City Administrator have been provided to the occupant and owner of the premises involved. g. Sewer backup The City shall maintain a comprehensive system map showing the following information: number and locations of manholes; number and approximate locations of service connections; line locations, kind and diameter of pipe; and location of lift stations. The City shall maintain a program of regular inspection and maintenance performed on sanitary sewer lines. The City shall have a program for lift station inspection and maintenance. h. Sprinkling bans The City will maintain a program outlining conditions to initiate sprinkling bans and other watering restrictions. i. Water meters Water meters and charges for meters are part of a waterworks system authorized by state law. The City has ownership of utility meters. The City is responsible for the repair and replacement of water meters. However if a meter is damaged by a property owner due carelessness or intentional damage then the property owner shall be responsible for the cost of repair and /or replacement. If meters are not measuring accurately and undercharging the customer, the City may recover those costs. Before entering a home to check, replace or repair city meters, the City must solicit the written consent of a property owner. If a property owner refuses to give consent to enter private property to deal with a meter issue, the City may pursue legal options to enter the property. City staff will set a cost for inspecting a meter that was reported as malfunctioning. Should the meter need replacement or repair, this service charge cost will be reimbursed to the landowner. City of Corcoran, Policy No. XX Page 5 Draft 1 February 23, 2012 j. Water leaks, flushing and pressure The City will outline a frequency of flushing and maintenance and communicate to residents via newsletter, website, etc. k. Conservation of water The utility rate schedule will reflect a rate structure that promotes conservation. The rate structure shall be set as required by the State (conservation program). III. Responsibility The City Administrator shall be responsible for the implementation of this Policy. The City Administrator shall report annually to the City Council as part of the annual city budget process the status of the condition of the infrastructure and replacement requirements and the financial condition and performance of the utility enterprise fund. IV. Authority The Authority for this Policy is derived from Ordinance No. XX. The City Administrator may deviate from this Policy when it is determined to be in the best interest of the City of Corcoran or is necessary due to budget needs or circumstances. The City Council shall be informed of deviations, at the discretion of the City Administrator. Date Approved by City Council: City Council Resolution No. City of Corcoran, Policy No. XX Page 6 For Preliminary Discussion Purposes Only ATTACHMENT B City of Corcoran, MN Utility Rate Fee Schedule Inflation Factor. Base $5.00 2.0% 2.0% 2.0% 2.0% Year of Project.- Base 1 2 3 4 5 Year: Base 2014 2015 2016 2017 2018 Water (per meter or per unit): WATER AND SEWER - PER QUARTER Activity $1.25 $1.30 $1.30 $1.30 $1.30 Residential, Residential Irrigation, Apartments, and Mobile Homes Activity $1.75 $1.80 $1.80 $1.80 $1.80 Water Base charge (per meter or per unit / quarter) Base $5.00 $5.10 $5.20 $5.30 $5.40 Sanitary Base charge (per meter or per unit / quarter) Base $21.00 $21.40 $21.80 $22.20 $22.60 State water testing, base charge (per meter or per unit / quarter) Base $1.59 $1.60 $1.60 $1.60 $1.60 Water treatment surcharge (per meter or per unit / quarter) Base $3.30 $3.40 $3.50 $3.60 $3.70 Water (per meter or per unit): Base $2,365 $2,412 $2,461 $2,510 $2,560 Tier 1: Water usage per 1,000 gallons up to 20,000 gallons Activity $1.05 $1.10 $1.10 $1.10 $1.10 Tier 2: Water usage +20,000 gallons up to 40,000 gallons Activity $1.40 $1.40 $1.40 $1.40 $1.40 Tier 3: Water usage +40,000 gallons Activity $1.75 $1.80 $1.80 $1.80 $1.80 Sewer (sewer based on winter water usage) per 1,000 gallons Activity $1.85 $1.90 $1.90 $1.90 $1.90 Commercial Water Base charge (per meter or per unit / quarter) Base $5.00 $5.10 $5.20 $5.30 $5.40 Sanitary Base charge (per meter or per unit / quarter) Base $21.00 $21.40 $21.80 $22.20 $22.60 Water treatment surcharge per 1,000 gallons (Commercial only) Base $0.13 $0.10 $0.10 $0.10 $0.10 State water testing, base charge (per meter or per unit / quarter) Base $1.59 $1.60 $1.60 $1.60 $1.60 Water (per meter or per unit): Tier 1: Water usage per 1,000 gallons Activity $1.40 $1.40 $1.40 $1.40 $1.40 Sewer (based on 90% of res rate and chged on actual water usage) Activity $1.67 $1.70 $1.70 $1.70 $1.70 Irrigation Water Base charge (per meter or per unit) Base $5.00 $5.10 $5.20 $5.30 $5.40 Sanitary Base charge (per meter or per unit) Base $0.00 $0.00 $0.00 $0.00 $0.00 State water testing, base charge (per meter or per unit / quarter) Base $1.59 $1.60 $1.60 $1.60 $1.60 Water (per meter or per unit): Tier 1: Water usage per 1,000 gallons up to 200,000 gallons Activity $1.25 $1.30 $1.30 $1.30 $1.30 Tier 2: Water usage +200,000 gallons Activity $1.75 $1.80 $1.80 $1.80 $1.80 SEWER CONNECTION CHARGES Single family, duplex, townhouse, mobile home (per unit) Base $2,865 $2,922 $2,981 $3,040 $3,101 Multiple (80% of single family) Base $2,292 $2,338 $2,385 $2,432 $2,481 Commercial /industrial, churches, schools, hospitals, nursing homes Base $2,865 $2,922 $2,981 $3,040 $3,101 MCES connection charge (per unit) Base $2,365 $2,412 $2,461 $2,510 $2,560 WATER CONNECTION CHARGES Single family, duples, townhouse, mobile home (per unit) Base $2,500 $2,550 $2,601 $2,653 $2,706 Multiple (80% of single family) Base $2,000 $2,040 $2,081 $2,122 $2,165 Commercial /industrial, churches, schools, hospitals, nursing homes Base $2,500 $2,550 $2,601 $2,653 $2,706 TRUNK LINE AVAILABILITY CHARGES Sewer availability charge per acre of land Water availability charge per acre of land Corcoran Utility Prel Pro Forma Draft 2 Base $4,200 $4,284 $4,370 $4,457 $4,546 Base $8,500 $8,670 $8,843 $9,020 $9,201 NORTHLAND STRATEGIES sD *tial ►r Oieclz Group 2/16/2012 For Preliminary Discussion Purposes Only ATTACHMENT C City of Corcoran Sewer and Water Preliminary Pro Forma Production Year 0 0 1 2 3 4 5 6 7 8 9 10 Calendar Year 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Acres Platted Per Year 10 10 10 10 10 10 10 10 10 10 Residentual Equiv. Units (REU) added per yr 30 30 30 30 30 30 30 30 30 30 Total REU 30 60 90 120 150 180 210 240 270 300 Est. 1,000 Gallons of Water Sold Per Yr Per REU 100 100 100 100 100 100 100 100 100 100 Thousands Gallons of Water Sold 3,000 6,000 9,000 12,000 15,000 18,000 21,000 24,000 27,000 30,000 Gallons for Basis of Sewer Chg (80% of water) 2,400 4,800 7,200 9,600 12,000 14,400 16,800 19,200 21,600 24,000 SOURCE OF FUNDS: Operating: Assessments, base project 26,982 26,982 26,982 26,982 26,982 26,982 26,982 26,982 26,982 26,982 26,982 Assessments, downtown project 80,947 80,947 80,947 80,947 80,947 80,947 80,947 80,947 80,947 80,947 80,947 Utility Fees - Water usage - 4,200 8,400 12,600 16,800 21,000 25,200 29,400 33,600 37,800 42,000 Utility Fees - Sewer usage 83,127 4,440 9,120 13,680 18,240 22,800 27,360 31,920 36,480 41,040 45,600 Base charges 156 3,707 7,560 11,556 15,696 19,980 24,480 29,148 33,984 38,988 44,160 Water trunk line availability charges 60,000 85,000 86,700 88,434 90,203 92,007 93,847 95,724 97,638 99,591 101,583 Water connection charges 254,045 75,000 76,500 78,030 79,590 81,183 82,806 84,462 86,151 87,873 89,631 Sewer trunk line availability charges 42,000 42,840 43,697 44,571 45,462 46,371 47,298 48,244 49,209 50,193 Sewer connection charges 25,000 85,950 87,669 89,421 91,209 93,033 94,893 96,792 98,727 100,701 102,714 Investment income 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 Total Operating Sources - 107,929 410,226 428,718 447,347 466,238 485,394 504,886 524,673 544,753 565,131 585,810 Non - Operating: 107,929 107,929 107,929 107,929 107,929 107,929 107,929 107,929 107,929 107,929 Transfer Out to other funds Bond proceeds (assessments) 1,200,000 - - - - - - - - - - - Transfers In from other funds 2,072,000 100,000 192,929 192,929 192,929 192,929 192,929 192,929 192,929 192,929 192,929 Total Non -Op Sources 3,272,000 100,000 257,929 368,476 372,028 375,651 379,349 383,123 446,974 450,902 454,913 Total Source of Funds 3,272,000 107,929 510,226 428,718 447,347 466,238 485,394 504,886 524,673 544,753 565,131 585,810 USE OF FUNDS: Operating: Personnel services /current expenses 100,000 102,000 104,040 106,121 108,243 110,408 112,616 114,869 117,166 119,509 MCES (Disposal /flow chg, est. $1.85 yr'14) 597,026 759,298 4,440 4,573 4,710 4,852 4,997 5,147 5,302 5,461 5,624 5,793 MCES (Sewer connection) 89,840 106,128 70,950 72,369 73,815 75,291 76,797 78,333 79,899 81,498 83,127 84,789 Payment to MN Health Dept Ending Cash Balance 150,000 201,751 318,441 156 156 156 156 156 156 156 156 156 156 Payment to Maple Grove ($2,000 /Unit) 150,000 150,000 0 0 0 0 0 60,000 60,000 60,000 60,000 60,000 Total Operating Uses 150,000 150,000 175,546 179,099 182,722 186,420 190,194 254,045 257,973 261,984 266,074 270,248 Non - Operating: Capital maintenance - - 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 Capital infrastructure 2,972,000 Depreciation ($3.OM over 40 years) - - 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 Debt service payments 107,929 107,929 107,929 107,929 107,929 107,929 107,929 107,929 107,929 107,929 107,929 Transfer Out to other funds - - - - - - - - - - - Total Non - Operating 2,972,000 107,929 192,929 192,929 192,929 192,929 192,929 192,929 192,929 192,929 192,929 192,929 Total Use of Funds 3,122,000 257,929 368,476 372,028 375,651 379,349 383,123 446,974 450,902 454,913 459,003 463,177 NET DIFFERENCE 150,000 (150,000) 141,751 56,691 71,696 86,889 102,271 57,912 73,771 89,840 106,128 122,633 CASH BALANCE Beginning Cash Balance - 150,000 - 201,751 318,441 450,137 597,026 759,298 877,210 1,010,981 1,160,822 1,326,950 Plus Net Income 150,000 (150,000) 141,751 56,691 71,696 86,889 102,271 57,912 73,771 89,840 106,128 122,633 Plus Depreciation (add back) - 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 Ending Cash Balance 150,000 201,751 318,441 450,137 597,026 759,298 877,210 1,010,981 1,160,822 1,326,950 1,509,583 0 \.MILAN. STRAtE(:IES So�c�o� ��ol�crr G-P Corcoran Utility Prel Pro Forma Draft 2 2/16/2012 412.261 Tax anticipation certificates. At any time after the first day of the year following the making of an annual tax levy, the council may issue certificates of indebtedness in anticipation of the collection of taxes levied for any fund and not yet collected. The total of all certificates issued against any fund for any year with interest thereon until maturity, together with all orders outstanding against the fund, shall not exceed the total current taxes for the fund uncollected at the time of issuance plus the cash on hand in the fund. If certificates are issued against the anticipated tax levy for any fund, any unpaid orders outstanding against the fund shall be redeemed from the proceeds of the certificates. All tax anticipation certificates shall be negotiable and shall be payable to the order of the payee and shall have a definite due date but may be payable on or before that date. No certificate shall be issued to become due and payable later than the 1st day of April of the year following the year of issuance. Certificates shall be sold for not less than par and accrued interest and shall bear interest at a rate not to exceed seven percent per annum, payable at maturity or at such earlier times as the council may determine. Each certificate shall state upon its face the fund for which the proceeds of the certificate shall be used, the total amount of the certificates so issued against the fund, and the total amount embraced in the tax levy for that fund. They shall otherwise be issued on such terms and conditions as the council may determine. The proceeds of the taxes assessed on account of the fund against which tax - anticipation certificates are issued and the full faith and credit of the city shall be irrevocably pledged for the redemption of the certificates in the order of issuance against the fund. $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 Cash Balances Base Project + Downtown -1 r-I -1 -1 r-I -4 N N N N N N M M M M M M -;T -;t I;J- -;T -;T Ln Ln Ln Ln Ln Ln r-I ri �q c I r I "i "I "i cA "I r-I r1 i--I r-I cI r1 r-I r1 r-I T--I 1-1 ri r1 ri r1 cA "I ri r1 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N c L >. — a> c >- to a— a> c L >, - a> c L >. — a> c a— a> m m — N O m m m - N O m m m N O m m m - N O m m m - v O 2 �; (/) Z — 2i :E N Z — 2 2i N Z — 2 �; (/) Z — 2i :E N Z Base Project Downtown Project $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 Cash Balances - No TIF Project ASSUMPTIONS • TIF BEGINNING BALANCE 1112 $3,049.174 • TIF REVENUE $150,000 6/12, 12/12, 6/13, 12/13 (TOTAL $600,000) • TIF EXCESS RETURNED $3,049,174 1/14 • TIF REFUND $487,868 7/14 AND 12/14 (32% of TIF EXCESS) $0 v —1 ri ri r1 -1 r-1 N N N N N N M Cry M M M M 1:t I;* 't Ln Ln Ln Ln Ln Ln -1 r1 c1 e-1 —1 r-1 r-1 r-1 —1 r-1 r-1 rl i--I r-1 -1 ri r-1 r1 c-1 —q -1 c1 c1 c1 r1 ri r1 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N c >, — a > c a — a > c L > — a > c L — a > c — a > o r6 N O m N O m m m N O o o N O to N O 2 N z V) z 2 2i N z N z N z ii,A Metropolitan Council Environmental Services February 17, 2012 Daniel J. Donahue City Administrator 8200 Co. Rd. 116 Corcoran, MN 55340 SUBJECT: Proposed Construction Cooperation Agreement SE Corcoran Trunk Water Improvements & MCES Sanitary Force Main MCES Project Number 900445 Dear Mr. Donahue: Enclosed for the City's review are three copies of a proposed Construction Cooperation Agreement. You may review and propose changes to the terms, or seek City Council authority to execute the agreement in its current form. After the City's execution, return all originals to me for Metropolitan Council execution. We will keep two executed originals; execute more originals if the City needs more than one returned. The agreement focuses on design and construction of the Metropolitan Council sanitary sewer force main in conjunction with the City's proposed trunk water main improvement. Some optional tasks are outlined that may streamline implementation of the Metropolitan Council's separate sanitary sewer pump station improvement. One of the optional activities key to the schedule of the Council pump station is acquisition of the property by fee title on behalf of the Council by the City. The Metropolitan Council's anticipated schedule assuming the lift station site is acquired by June 1, 2012 is: Activity Schedule based on June, 2012 property acquisition Complete acquisition of pump station property June 1, 2012 Complete Sewage Pump Station Design Dec ember, 2012 Complete Bid & Award of separate Pump Station Construction Contract April, 2013 Complete Construction of Pump Station June, 2014 Begin Operation of Council Pump Station July 2014 w m. metro council. org 390 Robert Street North • St. Paul, A1N 55101 -1805 • (651) 602 -1005 + Fax (651) 602 -1477 • TTY (651) 291 -0904 An Equal Opportunity Emploprr Daniel Donahue February 17, 2012 Page 2 of 2 If the property acquisition schedule slips, the anticipated schedule extends at least as much, and possibly longer if more construction is pushed into a winter season. If you would like to discuss any of this information, please contact Wayne Rikala of my staff at 651 - 602 -1127, or me at 651 - 602 -1091. Sincerely, Bryce J. Pickart Assistant General Manager, Environmental Services Enclosures Metropolitan Council Contract No. CONSTRUCTION COOPERATION AGREEMENT Between City of Corcoran and Metropolitan Council THIS AGREEMENT ( "Agreement ") is made and entered into on the day of , 2012, by and between Metropolitan Council, a public corporation and political subdivision of the State of Minnesota ( "Council ") and the City of Corcoran, a Minnesota municipal corporation ( "City "). In the joint and mutual exercise of their powers and in consideration of the mutual covenants contained in this agreement, the parties recite and agree as follows: Recitals 1. Pursuant to Minnesota Statutes 473.504, the Council may enter into intergovernmental construction cooperation agreements to implement design and construction of facilities that will be financed, owned, operated, and maintained by Council. 2. The Council's 2030 Water Resources Management Policy Plan includes proposed wastewater treatment facilities to provide the City with an average daily wastewater conveyance capacity of 0.6 Million Gallons per Day (MGD) to the City's Southeast District. 3. The City has submitted its 2030 Comprehensive Plan Update and 2030 Comprehensive Sewer Plan. The Council has accepted the City's 2030 Comprehensive Plan Update and has approved the City's 2030 Comprehensive Sewer Plan, thereby committing to provide wastewater treatment facilities to serve the City. 4. The Council and the City have determined that it is in their best interests to enter into this Agreement in order to have the City in conjunction with a City Construction project hereinafter referred to as the "City Project" act as the Council's agent for design and construction of certain facilities for the Council, hereinafter referred to as the "Council Project ". For purposes of the Agreement, the City Project is described as follows: Construction of trunk sanitary sewer and water main in the area of the City of Corcoran between the border of Maple Grove at Hennepin County Road 10 and County Road 116. The location of the City Project is shown on Exhibit A. For purposes of this Agreement, the Council Project is described as follows: Metropolitan Council Contract No. A wastewater interceptor to serve Corcoran's Southeast Sanitary Sewer District. The interceptor includes a sanitary sewer force main system in a corridor about 1/3 mile in length. The force main system shall extend westerly and northerly from the Council's existing 15 -inch gravity sewer interceptor number 900440 in Maple Grove to the boundary of a future Metropolitan sewage pumping station site in Corcoran to be determined by the Council. Except as otherwise provided in Articles II and VIII of this Agreement, the Metropolitan sewage pumping station shall be independently designed, constructed, owned and operated by the Council and is not a part of the Council Project for the purposes of this Agreement. The location of the Council Project is shown on Exhibit A. 5. The Council and City agree that each is authorized to enter into this Agreement pursuant to Minnesota Statutes § 473.504 and § 471.59, Metropolitan Council Business Item 2010 -356 passed on October 27, 2010 and City Resolution No. passed by the City Council on , 2012 and, that said, work will be carried out by the parties provided by this Agreement under the provisions of § 471.59. ARTICLE I Purpose of Agreement 1.01 The purpose of this Agreement is to set forth the terms and conditions and responsibilities of each of the parties to this Agreement with respect to specific design services and construction of the "Council Project." 1.02 The Council hereby consents to and appoints the City as its agent to perform specific design services, to acquire easements and permits for (other than regulatory permits as provided in Article IX of this Agreement), to advertise for bids for the work and construction of the Council Project, to receive and open bids pursuant to said advertisement and to enter into a contract with the lowest responsible bidder, as prescribed ahead in Article III, at the price specified in the bid of such bidder, and to construct the Council Project in accordance with Final Construction Documents as defined ahead in Article Il, Section 2.02 of this Agreement. ARTICLE II Preliminary Design Services 2.01 The City will have its engineer provide preliminary engineering services for the Council Project with Tasks 1 through 3 below. The engineer will prepare and submit to Council for Council's review and acceptance, the specified preliminary design deliverables for the Council Project. Council shall provide such review to the extent feasible and reasonable, within ten (10) business days and shall provide its acceptance or its reason for withholding such acceptance of the preliminary design deliverables to the City in writing. If Council withholds acceptance of the preliminary design deliverables, City shall make such revisions as required to obtain the Council's acceptance of the deliverables. The preliminary design deliverables for the Council Project which have been accepted in P Metropolitan Council Contract No. writing by the Council are referred to as the "Council Project Preliminary Design Deliverables." Task 1 - Land Surveying, Mapping and Wetland Delineation: The engineer shall prepare and deliver to the Council electronic AutoCAD® files of the Council Project corridor and the proposed future Council sewage pumping station site containing: • topographic mapping with 1 foot contour elevations • wetland delineation boundary determinations in conformance with the Minnesota Wetland Conservation Act and Section 404 of the Clean Water Act Task 2 — Contracted Geotechnical Investigation Services: Perform not less than 4 borings on the proposed Council sewage pumping station site to a depth of approximately 60 feet. Require Geotechnical firm to prepare an opinion by a Minnesota registered geotechnical engineer on the recommended construction methods suitable for the proposed Council sewage pumping station site. Provide both electronic copy in Adobe pdf and two paper copies of the Geotechnical Engineer's report covering the proposed Council sewage pumping station site and Council Project force main corridor. Task 3 — Additional Services as directed by the Council: Only upon receipt of specific written authorization by the Council, perform related additional services for the Council Project or Council sewage pumping station, such as: • Additional contracted geotechnical investigation services • Obtain additional or extended right -of -entry to private lands • Prepare Minnesota licensed land surveyor legal descriptions of easements or fee title acquisitions • Attend meetings with Council, landowners, City of Maple Grove, Hennepin County, utility companies or other project stakeholders 2.02 The Council will provide to the City the Council's standard construction specifications and special provisions, preliminary plan and profile sketches of the Council forcemain, and standard details for incorporation into the City's construction contract for the Council Project. The City will prepare and submit to Council for Council's review and acceptance final construction documents which shall include the Council Project plans, specifications and a proposed schedule for the construction of the Council Project. Council shall provide such review, to the extent feasible and reasonable, within ten (10) business days and shall provide its acceptance or its reasons for withholding such acceptance to the City in writing. If Council withholds acceptance of the construction documents, City shall make such revisions as requested to obtain Council's acceptance. The final construction documents for the Council Project, which have been accepted in writing by the Council, are referred to as the "Council Project Final Construction Documents." Metropolitan Council Contract No. The Council Project Final Construction Documents shall be included by the City in the final construction documents for the City Project ( "City Project Final Construction Documents "). ARTICLE III Bidding and Construction Contract 3.01 The City shall include in the bidding documents specific line items for construction of the Council Project. 3.02 The City will tabulate the bids and submit to the Council a recommendation for selection of the lowest responsible bidder and award of a contract. The City shall not award the contract prior to the Council having had ten (10) calendar days to review the bids and either accept the bids and the City's recommendation for selection of the lowest responsible bidder and award of contract or to reject any or all bids and the City's recommendation for a bidder and award of contract. The Council shall inform the City in writing of its acceptance or rejection as provided in the previous sentence. If the Council rejects the City's recommended selection of the lowest responsible bidder, the Council will contemporaneously provide to the City, in writing, the reasons for such rejection. If the Council rejects the award recommended by the City, this contract shall become null and void. In the event this Agreement becomes null and void in accordance with the terms of this Article III, Section 3.02, the Council shall pay to the City the costs of the Council Project Preliminary Design Deliverables, and Final Construction Documents authorized by the Council under Article II of this Agreement and expended by the City in accordance with the terms of this Agreement. 3.03 In the event that by December 31, 2012, the City has not tabulated construction bids and submitted to the Council a recommendation for selection of a bidder and award of a contract, the Council may terminate this agreement within thirty (30) days of serving notice to City of said termination as provided in Article XIV, Section 14.06. In the event this Agreement is terminated in accordance with the terms of this Article III, Section 3.03, the Council shall pay to the City the costs of the Council Project Preliminary Design Deliverables and Final Construction Documents authorized by the Council under Article II of this Agreement and expended by the City in accordance with the terms of this Agreement. ARTICLE IV Construction 4.01 Not less than seven (7) business days prior to commencement of the Council Project by the City, the City will give written notice to the Council of its intention to commence construction, said notice to be directed as provided in Article XIV, Section 14.06 of this Agreement. 4.02 The City will administer the Council Project contract work which is governed by the Council Project Final Construction Documents. The City will provide to the Council monthly construction reports indicating construction progress. The work of the Council 4 Metropolitan Council Contract No. Project will be inspected by the Council's Authorized Representative, but the Council's Authorized Representative will not have responsibility for the supervision of the work. If the Council reasonably determines that the work has not been properly constructed in accordance with the Council Project Final Construction Documents, the Council through its Authorized Representative shall inform the City's Authorized Representative in writing of such defects as soon as such defects are identified. The term "Authorized Representative" means, with respect to the Council, the General Manager of the Council's Environmental Services Division or his/her designee and, with respect to the City, its City Administrator or his/her designee. 4.03 As work on the Council Project progresses, the City shall require its contractor to make the corrections and /or meet the requirements of the Council Project Final Construction Documents requested by the Council through its Authorized Representative. Council Project work shall be performed in accordance with the Council Project Final Construction Documents. The City's Authorized Representative will inform the Council in writing of completion of construction of the Council Project and will provide final pay quantity documentation. Upon being informed of completion of the Council Project, the Council will inform the City in writing whether the Council Project does or does not conform to the Council Project Final Construction Documents. The Council will further inform the City of the specific reasons for non - conformance to the Council Project Final Construction Documents and what steps, in the opinion of the Council, must be taken by the City to make the Council Project conform to the Council Project Final Construction Documents. 4.04 The final decision on conformance of the Council Project to the Council Project Final Construction Documents will be made by the Council. Evidence of acceptance of the completed Council Project will be in writing by letter from the Council's Authorized Representative. The Council will not unreasonably withhold the determination that the construction of the Council Project conforms to the Council Project Final Construction Documents of the Council Project. ARTICLE V Amendments 5.01 The City will submit any proposed amendments to or material changes in the approved Council Project Final Construction Documents including the schedule to the Council for review and acceptance by the Council, which approval will not be unreasonably delayed or withheld and which acceptance or rejection shall be in the form of a letter or email from the General Manager, Environmental Services or his/her designee. Such amendments or material changes to the Council Project Final Construction Documents must be submitted to the Council at least ten business (10) days prior to the implementation of such change or amendment. The City agrees that it will not proceed with amendment to or changes in the Council Project Final Construction Documents including the construction until the Council has consented to such change in accordance with its procedures including approval by the Council's governing body if required by Council's procedures and has approved such change in writing as evidenced by letter to the City from the Council's Authorized Representative. 5 Metropolitan Council Contract No. 5.02 The Council may submit to the City amendments or material changes in the Council Project Final Construction Documents. The City shall incorporate such amendments or changes into the Council Project Final Construction Documents and shall construct the Council Project in accordance with such amendments or changes if the City determines the amendments or changes do not interfere with the City's project. The costs of such amendments . or changes to the Council Project Final Construction Documents shall be paid for by the Council in accordance with Article VI of this Agreement. ARTICLE VI Payment for Council Project 6.01 The estimated total cost for the Council Project as shown in greater detail on Exhibit B is Seven Hundred Thousand and 00 /100 Dollars ($,700,000.00), which total cost includes all costs for design, land acquisition and construction, including professional services but, excluding legal services as provided in this Article VI, Section 6.07 below. 6.02 Within thirty (30) calendar days after execution of this Agreement, Council shall transfer to City a fifteen thousand dollar ($15,000) advance payment for a portion of the estimated professional services costs for design and bid/award phases of the Council Project work. Thereafter, the Council shall reimburse the City for these costs based on monthly invoices and progress reports as provided ahead in this Section VI. 6.03 Within thirty (30) calendar days after execution of the award of the construction contract by the City, in accordance with the terms of this Agreement, the Council shall deposit with the City a deposit of ten thousand dollars ($10,000.00) for the estimated costs for construction and construction phase engineering and inspection costs. Thereafter, the Council shall reimburse the City for these costs based upon monthly invoices and progress reports as provided ahead in this Section VI. 6.04. Subsequent to acceptance of the bids and execution of a construction contract by the City in accordance with the terms of this Agreement, the Council will reimburse the City for the eligible, reasonable and verifiable costs of design and construction of the Council Project not more frequently than monthly in accordance with invoices submitted by the City based on the progress of the design and construction of the Council Project in accordance with the terms of this Agreement for review and approval of the invoices by the Council provided, however, that before submitting invoices for design and construction costs, City shall first expend the advanced payments made by Council to City pursuant to Sections 6.02 and 6.03 of this Agreement. The Council shall have fifteen (15) calendar days from receipt of such invoice to contest the amount due. The Council shall reimburse the City within thirty (30) calendar days of expiration of the Council's 15 day review period for any uncontested costs. 6.05 At the completion of the Council Project, the City's Authorized Representative shall submit to the Council the City's final estimate ( "Final Estimate ") for the Council Project and an invoice showing the Council's final share in the reasonable, eligible and verifiable costs for the Council Project. The Council shall have forty -five calendar (45) days from the receipt of the Project Engineer's Final Estimate to review and contest the amount due. The amount due shall be final, binding and conclusive upon expiration of the aforesaid G Metropolitan Council Contract No. forty -five (45) day examination period unless the Council has contested the amount pursuant to this paragraph. 6.06 In the event the City's Authorized Representative determines the need to amend the contract with a supplemental agreement or change order in accordance with Article V of this Agreement which results in an increase in the contract amount, the Council hereby agrees to remit the Council's share as documented in the supplemental agreement or change order upon completion of the Council Project and acceptance of the Council Project by the City in accordance with the terms of this Agreement and submittal to the Council of the City's Authorized Representative's Final Estimate for the Council Project showing the Council's final share in the supplemental agreement or change order. 6.07 The parties agree that the Council will not reimburse the following costs to the City: Legal services other than legal services associated with acquisition of property rights, as provided in Article VIII, Section 8.02 of this Agreement, City administrative costs and other City staff costs. ARTICLE VII Entry Upon Property For purposes of construction of the City and Council Projects, the City and Council may each enter upon the property or property interests owned by the other party in conjunction with construction of the City Project and the Council Project. ARTICLE VIII Acquisition of Property Rights 8.01 The City shall be responsible for the acquisition of the property rights in the form of permanent and temporary easements necessary for the construction, operation and maintenance of the Council Project (and fee title, when directed in accordance with Article II, Section 2.01, the Council sewage pumping station project), including acquisition by eminent domain, if necessary. The City shall acquire such permanent easement rights in the name of the Metropolitan Council, or if acquired in its own name, shall acquire the right to transfer and shall transfer such rights to the Council. The permanent easements shall contain the terms and conditions of the easement attached hereto as Exhibit C and shall be in recordable form. 8.02 The City shall be responsible for all payment of costs associated with the acquisition of the property rights as described in Article VIII, Section 8.01 above, including but not limited to survey costs, appraisals, and right -of -way professional costs, legal services, expert and other fees associated with eminent domain which costs shall be reimbursed by Council in accordance with invoice procedures provided in Section VI of this Agreement. 8.03 Prior to start of acquisition of property rights for the Council's Project, City shall submit to Council's Authorized Representative for Council's review and acceptance, an acquisition plan including surveys and estimated costs of acquisition based upon appraised values and the City's costs of implementing and completing the acquisition plan. Unless otherwise agreed to in writing by the Council's Authorized Representative, 7 Metropolitan Council Contract No. the Council cost for the shared utility corridor extending between about Station 5 +00 and 15 +28 as shown on Exhibit D shall be fifty percent of the pro -rata costs of the actual the permanent and temporary easements within that corridor. The City shall not exceed the above estimated cost of acquisition of property rights without the written consent of the Council's Authorized Representative. 8.04 On date of transfer of title to the property rights as described in Article VIII, Section 8.01 above, the City shall provide the Council, upon the Council's request, certification by the City that as of the date of transfer of title, the City has received no notice of communication from any local, State of Minnesota, or federal agency official stating that the construction of sanitary sewers within the described properties will be in violation of any local, state or federal environmental law, regulation or review procedure, which would give any person a valid claim under the Minnesota Environmental Rights Act. 8.05 The City agrees that the City has the obligation to convey to the Council the properties described in Article VIII, Section 8.01 above free of hazardous substances, as that term is defined in federal, state and local law, and shall provide to the Council or, if the Council so requests in writing, the opportunity, prior to the transfer of title to said properties, for the Council to reasonably assure itself that the properties are free of hazardous substances. The Council, in its sole discretion, may refuse to accept title to any of the properties if the Council determines that such properties contain hazardous substances. ARTICLE IX Permits Council shall apply for and secure necessary regulatory permits and approvals for the Council Project, including the Minnesota Pollution Control Agency ( "MPCA ") sewer extension permit and environmental review approval. The City shall assist the Council in obtaining the MPCA sewer extension permit and environmental review approval. The City shall not award the construction contract(s) until all regulatory permits and approvals for the Council Project have been obtained by the Council and copies provided by the Council to the City. ARTICLE X Records/Reproducible Drawings All records kept by the Council and the City with respect to the Council Project shall be subject to examination by the representative of each party hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City and the Council pursuant to this Agreement shall be governed by Minnesota Statutes chapter 13, as amended, and the Minnesota Rules implementing such act now in force or hereinafter adopted. ARTICLE XI Ownership, Warranties and Guarantees 11.01 Upon completion of the construction and acceptance of the Council Project by the Council pursuant to this Agreement, the Council Project and all associated warranties and guarantees provided by the construction contractors and subcontractors associated with the Council Project shall be assigned by the City to the Council and shall become the 8 Metropolitan Council Contract No. property of the Council. All operation, maintenance, restoration, repair or replacement required for the Council Project thereafter shall be performed by the Council. 11.02 At the time of completion of construction of the Council Project in accordance with the terms of this Agreement, the Council Project shall be considered to be a metropolitan interceptor which is part of the Metropolitan Disposal System. ARTICLE XII Employees 12.01 All employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the Council, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the Council. 12.02 All employees of the Council and all other persons engaged by the Council in the performance of any work or services required or provided for herein to be performed by the Council shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged, and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged, on any of the work or services provided to be rendered herein, shall in no way be the obligation or responsibility of the City. ARTICLE XIII Liability 13.01 Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The City's and the Council's liability is governed by the provisions of Minnesota Statutes chapter 466. 13.02 The City and the Council each warrant that they are able to comply with the aforementioned indemnity requirements through an insurance or self insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes chapter 466. 13.03 The City further agrees that any contract let by the City for the performance of the Council Project as provided herein shall include clauses that will: 1) require the contractor to defend, indemnify, and save harmless the Council, its officers, agents and employees from claims, suits, demands, damages, judgments, costs, interest, expenses, including, without limitation, reasonable attorney fees, witness fees, and disbursements incurred in defense thereof arising out of or by reason of the negligence of said 9 Metropolitan Council Contract No. contractor, its officers, employees, agents or subcontractors; 2) require the contractor to provide and maintain insurance as required in the contract documents between the City and the contractor and to provide the Council, also as required in the contract documents between the City and the contractor, with Certificates of Insurance naming the Council as additional insured; and 3) require the contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement. ARTICLE XIV General Provisions 14.01. It is understood and agreed that the entire Agreement between the parties is contained herein and the addendums and exhibits hereto and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. The Recitals and all items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 14.02 Applicable provisions of Minnesota State law, federal law and of any applicable local ordinances shall be considered a part of this Agreement as though fully set forth herein. Specifically, the City agrees to comply with all federal, state and local applicable laws and ordinances relating to nondiscrimination, affirmative action, public purchases, contracting employment, including worker's compensation and surety deposits required for construction contracts. 14.03 The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to the parties. One or more waivers by said party of any provision term, condition or covenant shall not be construed by the other parties as a waiver of a subsequent breach of the same by other parties. 14.04. The covenants of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 14.05. This Agreement is entered into in and under the laws of the State of Minnesota and shall be interpreted in accordance therewith. 10 Metropolitan Council Contract No. 14.06. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent certified mail or delivered in person to the other party addressed as follows: General Manager Environmental Services Metropolitan Council 390 North Robert Street St. Paul, MN 55101 City Administrator City- of Corcoran 8200 Co Rd 116 Corcoran, MN 55340 14.07 The parties to this Agreement acknowledge and agree to the following: a) This Agreement addresses certain of the rights and obligations to the parties under Minnesota Statutes, chapter 473, but this Agreement is not intended to be a complete description of all rights and obligations of the parties with respect to each other that may exist under such chapter or other provisions of law. b) Future changes in Minnesota Statutes, chapter 473, and other applicable law may modify the rights and obligations of the parties with respect to each other and such changes in law shall take precedence over any provisions of this Agreement that may be inconsistent and irreconcilable with such changes. IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. METROPOLITAN COUNCIL Title: Regional Administrator Date: CITY OF CORCORAN By: _ Title: Date: LIST OF EXHIBITS Exhibit A Location of City Project and Council Project Exhibit B Estimated Total Cost for Council Project Exhibit C Form of Permanent Easement Exhibit D Council Project Permanent and Temporary Easement Cost Responsibility wN I At � 0 c • CL 2 ul < < P?j 11!H ajdqN - .1 " so .A.V J9 co In �Cz ex OW 0 a 4u 4p Alk 1p, 966 pN A;unoo .S 21, z m E .2�, o . 0 . LL > 0 C) > 0 2 U) w u u U- 'o G. C, z Z 0 CD 93 0 6 CD o < cc:::), o CO W x LL w Z; cu 3: z U) 0 'E 0 m C) U) LL a) 0 > cu Cl- EXHIBIT B Estimated Costs for Council Project Engineering, Land, Legal $252,000 Council Project Construction $400,000 Contingencies $48,000 Total Estimated Cost $700,000 Note: Total estimated cost includes all costs for design, land acquisition, and construction, including professional services, but excluding City administrative costs, other City staff costs and legal services other than legal, services associated with acquisition of property rights as provided in Article VIII, Section 8.02. Exhibit C Form of Permanent Easement EASEMENT THIS INSTRUMENT is made this day of , 201_, by and between a , of the State of Grantor, and the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, grantee; WITNESSETH, that Grantor, the owner of the property described in Exhibit A, in consideration of One Dollar and other good and valuable consideration to them in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to Grantee, its successors and assigns, the following described easement[s] for sanitary sewer purposes which easement[s] are located on the property described in Exhibit A: Permanent Easement See Exhibit A attached hereto and incorporated herein for legal description of permanent sanitary sewer easement. The above - described easement[s] include[s] the right of Grantee, its employees, agents and contractors to do whatever is necessary for enjoyment of the rights granted herein including the right to enter and grade and excavate the easement area[s] for purposes of constructing, operating, maintaining, altering, repairing, replacing and /or removing said sanitary sewers. The permanent easement further includes the following rights: (a) the right to cut, trim, or remove from the easement area[s] trees, shrubs, undergrowth or other vegetation as in the Grantee's judgment unreasonably interfere with the use of the easement[s] herein by Grantee, its successors and assigns, provided that Grantee shall take all reasonable precautions to prevent any damage to the property subject to this [these] easement[s]; and (b) the permanent right of access over and across the Grantor's property described in Exhibit A to the permanent easement area. Subsequent to the date of the easements] as written above, Grantor, its heirs, successors and assigns, will not erect, construct, or create any building, improvement, obstruction, perpendicular utility crossing, or structure of any kind, either above or below the surface of the easement area[s] or plant any trees, or stockpile construction debris or construction equipment, or change the grade thereof of the easement area[s] without the express written permission of the Grantee. Subsequent to initial construction, and provided that the grade is not changed, and that reasonable access for sanitary sewer, maintenance and repair is maintained, the following improvements by Grantor, its heirs, successors and assigns do not require Grantee's written approval: fences, parking lots, perpendicular street and driveway crossings, landscaping, bushes, and shrubs. However, Grantee will not be responsible for and will not pay for the loss of or any damage to or replace or restore the following items within the easement area[s]: shrubs, bushes, or landscaping, except grass and sod. EXHIBIT C Exhibit C Form of Permanent Easement GRANTEE: METROPOLITAN COUNCIL By: Its: STATE OF ) ss. COUNTY OF ) Regional Administrator On the day of 2012, before me a notary public within and for said County, personally appeared , named in the foregoing instrument, and acknowledged that said instrument was signed on behalf of said Metropolitan Council, a public corporation and political subdivision of the State of Minnesota and acknowledged said instrument to be the free act and deed of said corporation. Notary Public DRAFTED BY: Jeanne K. Matross License No. 68615 Office of General Counsel Metropolitan Council 390 Robert Street North St. Paul, MN 55101 -1805 651- 602 -1108 EXHIBIT C LU - - — — — — — — — — ot avo-a AiRnoo V 0) ---------------- Lrl jo z", A xix A 'A aA AM 3 N --T iri U J' .14;4 M]r ac Al /I;w AV 4 ................. s ... ... . .... ... .. , it LU Draft example of a RFP for a PW Facility that goes directly to an architect to develop a plan that eventually goes to bidding Introduction The City of Corcoran invites you to respond to a request for preconstruction and construction design services for the proposed new Public Works Facility to be located at XXXXXX. The overall project budget is $XXX. The anticipated award of the Architect /Engineering services contract is XX, 2012. Background The City of Corcoran has a need for a new public works facility to be located on a new site with no close proximity to the current facility. The City has reviewed a number of project sites in the community, as the present facility where the public works facility is located, has been declared insufficient to accommodate a new public works facility. Facility Needs General overview of the new facility needs as follows: A. Administration • Meeting/conference space. • Filing and record storage. • Supervisory office space. • Public access and adequate reception and waiting area. • Plan storage and layout area. • Building security and site access control. • Energy efficient heating, ventilation, and lighting system. • Use of as much natural lighting as possible. • High -Speed communication system connection. B. Fleet Maintenance • Efficient /cost effective layout for present needs • Efficient /cost effective layout for future expansion and needs • Adequate overhead lift height. • Drive -thru service bays. • Centralized parts and equipment area. • Proper ventilation and heating. • Vehicle exhausts system. • Workbench space • Vehicle /truck hoist. • Vehicle welding facility. • Parts reception area. • Adequate work/repair space • Use of as much natural lighting as • Note: The City is expecting to utilize the vehicle wash bay and fuel island facility for all city vehicles. C. Employee Support Area Draft RFP For Architectural Services for PW Facility 3/2/2012 2 Adequate lunch /kitchen facilities and eating space. This area may potentially be used as community meeting space, including the temporary location of the city Council chambers. Male and female locker room facilities with adequate locker space. • Adequate training/meeting room. • Use of as much natural lighting as possible. • The project shall also consider the design of geothermal heating and cooling for the general office building area D. Vehicle Storage Building • Adequate storage space. • Energy efficient heating, ventilation, and lighting system. • Wash down capacity at parking stalls. • Use of as much natural lighting as possible. • Cold storage for equipment and materials. • Note: The City is expecting to utilize the salt /sand facilities currently located at present PW site but room must be shown for future inclusion to new site. Scope of Service The City reserves the right to delete, modify or add to any of these services prior to selection of an Architect /Engineer for the project The Architect is to provide the design disciplines o£ Architecture, Civil, Structural, HVAC, Plumbing, Fire Protection, and Electrical engineering. Architect is to retain registered professionals for each of these disciplines throughout the design, permitting, and construction Specifically, each design discipline will involve the following, but not limited to: 1. Architecture: Building design and major equipment specification and incorporation into the plan. 2. Civil: Site layout, parking lots, roadways and access design, grading, storm water drainage system and erosion control. 3. Structural: Foundations, superstructure and interior structural elements. 4. HVAC: Mechanical equipment for heating, ventilation, and air - conditioning. 5. Plumbing: Fixtures, piping, and water equipment throughout building. 6. Fire Protection: Piping and heads (if required). 7. Electrical: All electrical design for facility and the site. The Architect is to provide full design services on all disciplines described above. The contract documents are to be structured for a Construction Manager concept and be publicly bid. The Architect will develop the general Requirements and Conditions language for the Bid Documents with assistance from the Construction Manager. The Architect must maintain professional liability coverage of $1 million throughout the Draft RFP For Architectural Services for PW Facility 3/2/2012 3 project and its completion. Phases of Work For the execution of this project, the architect is to provide its services in the following sequence: Schematic Design, Design Development, Construction Documents, Bidding, Construction Administration, and Start-up Assistance. The City will require a program statement to commence with schematic design. 1. Schematic Design a. Architect is to review the program, confirm the project requirements, identify major code issues, evaluate the schedule, recommend construction- packaging approaches, and review the construction budget. b. Architect is to recommend any additional services required for execution of the project, which may include: surveying, soils exploration, and environmental remediation. Architect to assist owner in procuring such services if needed. c. Review of state and local regulations affecting the project, including State Building Code and Local Zoning Ordinances d. Based on these requirements, the Architect will develop a site and building plan that illustrates the scale and relationship of the project e. Direct user meetings and Public Works staff meetings are not to be limited in any way by architect during design phase. Up to two alternate plan schemes should be allotted for in this design effort f. The site and building plan selected by the owner will require City code approval through the Conditional Use Permit (CUP) process. The architect shall assist owner with submittal and presentation of the site and building plan for attendance at a total of three (3) Community meetings for this process. 2. Design Development a. Based on the approved Schematic Design and any adjustments authorized by Owner in program, schedule or budget, the Architect will prepare drawings that describe and affix the size and character of all the design disciplines involved. b. Architect to review with owner the selection of major equipment and building components. c. Architect to provide interior finishes and color option to the City of Corcoran. d. Architect consult with Construction Manager on Construction Budget and advisements on bidding procedures. 3. Construction Documents a. Based on approval of the Design Development documents, the Architect will proceed to develop working drawings, specifications, and schedules that set forth in detail, the requirements of the construction of the Project. Draft RFP For Architectural Services for PW Facility 3/2/2012 4 b. Architect to provide all necessary drawings, specifications, schedules, calculations, and applications required for plan review and public bidding. c. Architect to prepare General Conditions of the Bid Documents with assistance of the Construction Manager. d. Architect to provide printing of drawings and specifications for bidding. 4. Bidding Phase a. The Architect is to conduct a pre -bid meeting, take in bidder questions, and create addenda as necessary. 5. Construction Administration Phase a. Architect to review work of Contractor for its conformance with the Contract Documents. b. Visit the site at least once every week. Attend weekly Construction Progress meetings. c. Review all required shop drawings and submittals. d. Address Request for Information (RFis) by Contractor and issue clarifications. e. Review contract change orders and change estimates for accuracy. f. Review applications for payment. g. Conduct Punch List and Close -out Review. Responsibility of Owner q The City will pay for bid advertisements, and plan review fees. Soils exploration, site surveying and any environmental costs will also be paid by Owner. V Contract Format Architectural services will be contracted using the standards American Institute of Architects contract form B 132 -2009 Owner - Architect Agreement. The Architect must maintain professional liability insurance of $1 million throughout the project. The City may/has entered into contract with XXX to act as construction manager for this project and the Architect will work with them to complete this project (the architect may be an option to consider for additional duties as the project manager). Schedule The following is a tentative schedule for design and construction • Schematic Design Process: XX, 2012 • Design Development Process: XX,2012 • Early Structural Bid Package: XX, 2012 • Construction Document Phase: XX, 2012 • Issue Project for Bidding: XX, 2012 • Receive Bids: XX, 2013 • Award Contract: XX, 2013 Due to delivery lead times, it may be required that an early structural package be issued during this process. The stated proposal fee shall include costs for this early issue if necessary. Draft RFP For Architectural Services for PW Facility 3/2/2012 5 Design Goals and Objectives The goal of the proposed facility is to provide building(s) that will meet the needs of the Corcoran Public Works Department both presently and in the future; comply with State building code requirements. Consultant Qualifications/RFP Content 1. Firm's Description Included in this R.F.P.: a. Describe your organization, its size, legal status (corporation or partnership, etc.), major type of activity or areas of expertise, and your firm's recent (past five years) experience in the performance of similar projects a. Provide information on three (3) similar projects in which your firm was involved, Include only completed projects and dates of performance. Identify the individuals in your firm responsible for managing the project. b. Provide the name of firm, contact person, title, address, and telephone number of the client in the three projects who may be contacted as a reference. c. Through narrative means, show reason why your firm believes it is qualified to undertake the project. 2. Firm's Staff Experience List the name, title, experience, and qualifications of the individual(s) that will actually be involved in this project, their individual hourly rates, and the amount of time to be allocated to this project. Indicate the individual(s) role on previous similar projects and in what capacity they would serve on this project. 3. Consultants /Sub - consultants to Be Used On the Project Indicate the names, addresses, and telephone numbers of any sub - consultant or associates proposed to be used to complete the project. State in what capacity they would be used and the approximate percentage of total services they would provide. All subcontractor design consultants employed by the architect to conform to the same requirements of the architect. 4. Work Plan Describe how you propose to accomplish the tasks outlined in the Phases of Work. Each key point of the process should be addressed 5. Project Fee The estimated total project cost is $X,XXX,XXX including architectural services. An estimated architectural service fee based on a percentage of the estimated construction cost and a firm "not -to- exceed" reimbursable cost must be provided as part of this proposal. The hourly compensation rates of individuals involved in the project team shall also be included. Indicate any reimbursable expenses that are not a part of the architectural services fee. This estimate shall become the basis of the contract between the City and the Architect. The City will use the fee as one of the criteria for determining which Architect shall be selected. The stated fee shall include Draft RFP For Architectural Services for PW Facility 3/2/2012 6 resources required to ensure that the project is bid within the stated construction budget. Submission of Proposal Eight (8) copies and one (1) electronic copy of the proposal must be submitted in a sealed envelope by XXX on XXXX to: Daniel J. Donahue City Administrator City of Corcoran 8200 County Road 116 Corcoran, MN 55340 Proposer must respond to each component in the order and form presented. Each response must identify the heading and must respond entirely to each segment without reference to any other part of the proposal. All proposals should use this written document and its attachments as the sole basis for proposal at this time. The proposal shall be signed by an official authorized to bind the firm, and should contain a statement to the effect that the proposal is for a period of not less than 60 days after the closing date. Award may be made without discussion of offers of proposals received. Therefore, firms are cautioned that proposals should be submitted initially on the most favorable terms, from both a technical and cost standpoint. Unnecessarily elaborate brochures and other presentations beyond that required to present a complete and effective proposal are not desired. Consultant Evaluation and Selection Criteria Proposals for this project will be evaluated and awarded based on the following criteria • Experience and Qualifications • Experience and Qualifications of your team assigned to this project • Method and approach used to provide service • Cost of architectural services Questions Regarding RFP Should you have any questions regarding this R.F.P., or for specific data concerning project and its location for construction, please contact: Dan Donahue Corcoran City Administrator City of Corcoran 8200 County Road 116 Corcoran, MN 55340 Draft RFP For Architectural Services for PW Facility 3/2/2012 7 763 - 400 -7030 ddonahuekci. Corcoran. mn.us Right to Reject This request does not commit the City of Corcoran to award any contract nor to pay any costs incurred in the submission of a proposal, or costs incurred in making necessary studies or designs for preparation thereof The City reserves the right, in its sole discretion, to reject any or all responses, issue addenda, request clarification, after the nature and/or scope of the proposed study, enter into various stages or procurements, and/or discontinue this process. �y �i I CONSTRUCTION MANAGEMENT OR GENERAL CONTRACTING, IS THERE A DIFFERENCE? If you are driving by the jobsite or even walking into the new building, you would never know the difference. Both entities are qualified and skilled in overseeing large construction projects. The difference comes down to the way Construction Managers are involved with the planning, change orders and ultimately how they represent the owner. GENERAL CONTRACTOR METHOD If an owner chooses to go the General Contractor (GC) route, the timeline would look something like this. The owner would select a build site, hire an architect and set to work designing the project. At some point they will establish a budget, secure financing and upon finalizing the plans, set about hiring the GC. This is usually accomplished through an open bidding process. The lowest bidding GC will hire the sub - contractors and purchase materials to complete the work, adding a markup to each (profit). If, during the construction process there is a change to the original plan (change order) the GC will contact the sub involved, get a bid for the change, add a markup , submit the bid for the change and wait for approval. Upon approval, the contractor completes the change. This happens a few times over the course of the project with the process staying relatively the same and the cost of the project going up each time. Eventually the project is completed. The contractor gets paid and handles warranty issues on the building for the first 12 months. GENERAL CONTRACTING ✓ GC is hired after plan is finalized with no input in design. ✓ Local sub - contractors not guaranteed opportunity to bid. ✓ No full -time representation of the owner on -site. ✓ Potential exists for double bonding. ✓ Project superintendent is employee of the General Contractor. ✓ General Contractor retains any savings on the project. General Contractor Change Order Flow Chart Architect reviews and forwards price owner for acceptance. . ARCHITECT General Contractor ♦ �— Mark up added to receives sub price, 4 price two times. adds mark up and forwards to owner. / GENERAL CONTRACTOR Sub Contractor(s) price, add mark \ up and forward. PR to GC. A change in the project is initiated. Proposal request (PR) issued. General Contractor receives and forwards PR to Sub Contractor(s) W,1T 4 CONSTRUCTION MANAGEMENT METHOD Generally the Construction Management firm is hired shortly before or at the same time as the architect, based on past experience with the type of work and fee schedule (Construction Management companies work on a set fee, usually a set percentage of the project.). The CM (Construction Manager) begins working with the architect during design and attends planning /budget meetings to make sure the owner's best interest is being served in the design process and that the building will fit into the proposed budget. As a benefit of this involvement, changes to the plan after construction has started are kept to a minimum. The changes that are made are done so without the GC markup so changes now become more cost effective. The CM now sets up the bidding process for the owner and many of the same sub - contractors who would have bid to the GC now bid the project directly to the owner. If the owner is a public entity, a public bid opening is facilitated by the CM and the lowest responsive bids on each can be accepted with NO GC MARKUP. The same process can be used on materials, another cost savings to the owner. Upon completion CM handles the walkthrough and warranty issues for a year, the same as a general contractor would do. By eliminating the GC markup on materials and services, the owner saved from 4 -8% on the project. Because the Construction Manager was involved since the planning stage, the project was completed faster with fewer changes during construction and is more likely to come in on time and under budget. The difference is/ volvement.1 Construction Managers are involved for the entire project, from concept to completion. CONSTRUCTION MANAGER EXAMPLE OF SAVINGS TO THE OWNER ON A SINGLE $5,000 CHANGE ORDER.* GENERAL SUB CONTRACTOR CONTRACTING COST 5,000.00 SUB CONTRACTOR OVHD /PROFIT 750.00 SUB CONTRACTOR TOTAL 5,750.00 GENERAL *The Construction Managers CONTRACTOR OVHD /PROFIT 862.50 FINAL COST TO OWNER 6,612.50 CONSTRUCTION change orders during MANAGEMENT construction. CONTRACTOR *The Construction Manager COST 5,000.00 CONTRACTOR receives no monetary benefit OVHD /PROFIT 750.00 CONTRACTOR TOTAL 5,750.00 FINAL COST TO OWNER 5,750.00 SAVINGS TO OWNER 862.50 *Hypothetical scenario based on 15% overhead and profit. GENERAL CONTRACTOR On a $10.000.000 *A construction manager, construction project with their construction background and expertise with 3.5% Issued in will perform an in -depth change orders, the g pricing analysis of changes and present them to the owner. potential savings to the owner utilizing *The Construction Managers a CM and thus constant review of plans and eliminating the g specifications during the design phase leads to less additional markup change orders during on any changes construction. could save up *The Construction Manager to $45,000 over works on a fixed fee and the course of the receives no monetary benefit as a result of the change order. project. CONSTRUCTION MANAGEMENT ✓ CM is brought on during pre - planning phase and looks out for owner's interest during entire process. ✓ Public, advertised bidding process allows local sub contractors the opportunity to bid. ✓ All records, books, estimates are "open book." ✓ Construction Manager works in the best interest of the owner with no conflict of interests. ✓ Fee is negotiated with owner on fixed basis. Monthly budget updates and accounting records provided. ✓ Project superintendent is employed by the construction manager as an agent of the owner. ✓ All savings on the project revert back directly to the owner. Construction Manager Change Order Flow Chart Construction Manager and Architect review and If acceptable, forwards to owner for acceptance. Contractor(s) price and add\ mark up and forwards. Construction Manager forwards to Contractor(s). A change in the project Is Initiated. Proposal request (PR) Issued. Wend< TO: Dan Donahue, City Administrator FROM: Kent Torve, P.E. DATE: February 17th, 2012 SUBJECT: 10 Acre Site Alternatives Wenck Associates, Inc. 1800 Pioneer Creek Center P.O. Box 249 Maple Plain, MN 55359 -0249 (763) 479 -4200 Fax (763) 479 -4242 E -mail: wenckmp @wenck.com Background The City is discussing with a Corcoran land owner the possible acquisition of land for a Public Works facility. The site size has been discussed at 10 acres, and the following figures show potential 10 acre parcels on the west portion of the property. Staff has discussed that Option 1 shows the most buildable land, and is fronted along CR 19. Past Council discussions have involved a future trail head in the area, and staff requests Council provide input on the parcel that best fits Council's vision. CITY OF CORCORAN Wenck FEB 2012 Engineers - Scientists 1800 Pioneer Creek Center Roechlke Property - Option 1 Business Professionals Maple Plain, MN 55359 -0429 Figure 1 www.wenck.com CITY OF CORCORAN Wenck FEB 2012 Engineers - Scientists 1800 Pioneer Creek Center Roechlke Property - Option 2 Business Professionals Maple Plain, MN 55359 -0429 Figure 2 www.wenck.com CITY OF CORCORAN , Wenck FEB 2012 Engineers - Scientists 1800 Pioneer Creek Center Roechlke Property - Option 3 Business Professionals Maple Plain, MN 55359 -0429 Figure 3 www.wenck.com Wend< TO: Dan Donahue, City Administrator FROM: Kent Torve, P.E. DATE: February 16`", 2012 SUBJECT: Pre - Design Draft Request for Proposals Wenck Associates, Inc. 1800 Pioneer Creek Center P.O. Box 249 Maple Plain, MN 55359 -0249 (763) 479 -4200 Fax (763) 479 -4242 E -mail: wenckmp @wenck.com Background The City has had extensive discussions on the new Public Works facility, both in location and size needs. The building is expected to begin construction this summer or fall, dependent on land acquisition and financing. Purpose and Budget The purpose of creating this draft RFP is to have the City to continue to move forward with design of space and equipment needs, which will need to be done prior to full design. The RFP lists a budget cost $7,500 for the report, with no guarantee of future work for the selected firm. This is a stand- alone project. Scope The scope of the draft RFP is to require a firm to perform the following tasks: Existing Information Task I. Review existing City concept building sketches size, building layout, site traffic patterns etc. Task 2. Review existing equipment lists. Task 3. Review existing offsite and rental storage areas, and total cumulative area utilized by PW. Task 4. Interview the public works superintendent, a representative from Corcoran Police department and the City Administrator to discuss needs within a budget range directed by Council. Building Anal Task I. Prepare plan view showing Corcoran equipment placement and traffic pattern Task 2. Show mechanical areas, truck wash, office areas Task 3. Show empty stalls (if any) for future equipment (information determined from interviews of staff. Task 4. Show storage area and list quantity of storage Task 5. Show any mezzanine areas to increase storage Task 6. Prepare sketch building elevations Cost Estimating Task I. Prepare a detailed building cost estimate (excluding site grading work, septic, well, parking, entrance road, stormwater management, etc.). Task 2. Prepare detailed list of new equipment required for Day 1 operation (such as hoists, truck wash, tanks for wash water, etc. Task 3. Prepare HVAC and other system cost estimates necessary for Day 1 operations. Task 4. Detail the fire suppression costs and water supply requirements (no well or pressure tank cost required). Task 5.Note the cost savings for alternate structural designs such as reductions due to interior supports vs. clear span, brick or better exterior vs. metal, etc. Alternates to be Included Task I. Prepare cost estimate for unattached, accessory cold storage building(s) to house non- seasonal equipment, etc. Task 2. Discuss the concept of an expandable building (such as a knock out wall for future extension of space). Task 3. Show concept of modifying the footprint to segregate the interior area into heated and low heated as a means to reduce operations cost (68 degree and 40 degree + / -). Deliverahles The minimum report will include pre - design and cost detail such as: A. List of existing equipment, B. List of other systems for Day 1 operations, C. Cost estimate tables used to compile overall cost, D. Drawing of at least one floor plan and front elevation, E. Drawing of one floor plan and front elevation of an unattached cold storage building, The report will also include methods utilized by public entities to construct facilities that include: • Architect - Bid -Build (Contractor separate from design firm) • Design / Build (Contractor and design firm selected as a team) • Guaranteed maximum price contract, • City's direct hiring of an "Owner's Representative" to observe construction. End of memo. of similar size and type; DRAFT Request for Proposals Facility Sizing and Detailed Cost Estimating City of Corcoran Public Works Building 1.0 INVITATION AND INSTRUCTIONS The City of Corcoran invites proposals from qualified firms to prepare the following: • Review existing City documents (will be available as pdf) • Interview public works staff and City Administrator • Show floor plan view with existing equipment • Discuss short term (5 and 10 year) equipment storage needs • Discuss potential split facility (warm/cold) • Discuss cost of cold storage accessory buildings Exclusions • Cost estimating should be exclusive of site work, • Costs and concepts should exclude LEED or other sustainable technologies unless return on investment is 5 years or less. Pre - Proposal Meetin A pre - proposal meeting (not mandatory) will be held on Tuesday at City Hall. Delivery Deliver complete copies of your proposal must be submitted by 12:00 pm, Friday, , addressed to: Dan Donahue City Administrator Public Works Proposal 8200 County Road 116 Corcoran MN 55340 An electronic (pdf) version shall also be submitted or emailed. Schedule for Completion Report should be delivered by April 26th, based on award by March 22nd. No Pre - Contractual Obligations & No Claims for Compensation: This is a request for proposals and no contractual obligations will arise between the City of Corcoran for future work and no proposer shall have any claim for any compensation of any kind whatsoever as a result of participating in this Request for Proposals and by submitting a proposal. of similar size and type; 2.0 BACKGROUND AND PURPOSE The City of Corcoran is planning to build a new Public Works building beginning in 2012, with a goal of footings prior to October 1, 2012 and move in date of (contingent on financing and property). The purpose of this RFP is to have a third party conduct pre - design work and assist the Council with budgeting, design and construction process. The total budget, including all site -work and building design, engineering and construction has been estimated between $1,500,000 and 3.0 SCOPE AND BUDGET The scope of the RFP is to require a firm to perform the following tasks: A. Existing Information Task 1. Review existing City concept building sketches size, building layout, site traffic patterns etc. Task 2. Review existing equipment lists. Task 3. Review existing offsite and rental storage areas, and total cumulative area utilized by PW. Task 4. Interview the public works superintendent, a representative from Corcoran Police department and the City Administrator to discuss needs within a budget range directed by Council. B. Building Analysis Task 1. Prepare 11 X 17 plan view showing Corcoran equipment placement and traffic pattern Task 2. Show mechanical areas, truck wash, office areas Task 3. Show empty stalls (if any) for future equipment (information determined from interviews of staff). Task 4. Show storage area and list quantity of storage. Task 5. Show any mezzanine areas to increase storage. Task 6. Prepare simple sketch building elevations. C. Cost Estimating Task 1. Prepare a detailed building cost estimate a. Exclusions include site grading work, septic, well, parking, entrance road, stormwater management, etc. Task 2. Prepare detailed list of new equipment required for Day 1 operation (such as hoists, truck wash, tanks for wash water, etc.) Task 3. Prepare HVAC and other system cost estimates necessary for Day 1 operations. Task 4. Detail the fire suppression costs and water supply requirements (no well cost but include tank cost). Task 5. Note the cost savings for alternate structural designs such as reductions due to interior supports vs. clear span, brick or better exterior vs. metal, etc. D. Alternates to be Included Task 1. Prepare cost estimate for unattached, accessory cold storage building(s) to house non - seasonal equipment on site. Task 2. Discuss the concept of an expandable building (such as a knock out wall for future extension of space). Task 3. Show a concept of modifying the footprint to segregate the interior area into heated and low heated as a means to reduce operations cost (68 degree and 40 degree + / -). of similar size and type; F. Deliverable The minimum report will include pre - design and cost detail such as: 1. 11 X 17 sketches of elevations and floor plans as noted above, 2. Cost estimate tables used to compile overall cost, 3. List of existing equipment, 4. List of other systems for Day 1 operations, 5. Discussion of alternative design and construction methods such as: a. Architect - Bid -Build b. Design/Build c. Role and cost and hours of an independent Owners representative G. Budget The City has estimated $7,500 for the work. Incoming mail CITY OF CORCORM 1 02c 23A2 � n 8200 County Road 116, Corcoran, MN 5534"( 7°" """° """'°`" """°""—"°"°°"° -- 763.420.2288 — Office 763.420.6056 — Fax E -mail - genera l aci.corcoran.mn.us / Web Site - www.b.corcoran.mmus COMMISSIONS APPLICATION Please indicate by order which of the following you are interested in (1,2,3, etc.): Parks and Trails Commission Meets the 3` Tuesday of the month at 7:00 p.m. - City Hail Planning Commission Meets the Vt Thursday of the month at 7:00 PM - City Hall Watershed Commission Meets the 2 I Wednesday of the month, 11:30 AM — Maple Grove City Hall Other We welcome you as an applicant for one of the City's commissions. Residents of Corcoran are eligible for nomination to any of the City's commissions as established by the City Council. Please complete the following information, attach extra sheets if necessary, and return. Accommodations will be provided, upon request, to allow individuals with disabilities to participate in the application process. DATA PRACTICES ADVISORY We are required to provide the following information to you. Under Minnesota law, your name and home address are public information, which must be provided to anyone who requests it. If appointed to a commission, the following information will also be public: education and training background, previous work experience, work location, a work telephone number, and any expense reimbursement. The other information requested below is classified as private. This information will be used by the Commissioners, and the City Council in determining whether you should be appointed to a commission. Therefore, all of the information will be provided to the Commissioners and City Council in a public forum and will be reviewed in public. Failure to provide the requested information may result in your not being considered for an appointment. \ \CSBS \cityliall \City Hall Information \Forms\Administrative Applications Information\2012 Commission Application.doc Please complete the information below: Name: Address: /'� • � % O �% ,�C'p��1 --� Phone: (h)76 3,4,q6 _323 (w) (c) 7,�:3 - 7 Fax: E- mail: Please answer the following questions (use the back side if more space is needed): 1) How long have you been a Corcoran resident ?` tg 2) Please list any city committees/ commissions you have served on in the past, either for the City of Corcoran or another community. Please include the dates of service and if you held any positions such as Chair or Secretary. > r 7` 6a 3) Please des ribe why you feel qualified to serve on the Commission for which you are applying, including any other relevant experience with the issues faced by the Commission.2�������� 4) Why are you interested in serving on this Commission? \ \CSBS \cityhall \City Hall Information \Forms \Administrative Applications Information\2012 Commission Application.doc If appointed, I agree to disclose any conflict of interest I might have in reviewing or approving any contract, license, permit, application, appointment, land use decision, public improvement, or other matter that comes before me? Please sign and date this Application and return to: City of Corcoran 8200 County Road 116 Corcoran MN 55340 Date -7 3 — Applicant Signature \ \CSBS\cityhall \City Hall Information \Forms\Administrative Applications Information12012 Commission Application.doc 8200 County Road 116, Corcoran, MN 553,. 763.420.2288 — Office 763.420.6056 -- Fax E -mail - general a()ci.corcoran.mn.us / Web Site - www.ci.corcoran.mn.us COMMISSIONS APPLICATION Please indicate by order which of the following you are interested in (1,2,3, etc.): Parks and Trails Commission Meets the 3r1 Tuesday of the month at 7:00 p.m. - City Hall Planning Commission Meets the 1St Thursday of the month at 7:00 PM - City Hall Watershed Commission Meets the 2nd Wednesday of the month, 11:30 AM — Maple Grove City Hall Other We welcome you as an applicant for one of the City's commissions. Residents of Corcoran are eligible for nomination to any of the City's commissions as established by the City Council. Please complete the following information, attach extra sheets if necessary, and return. Accommodations will be provided, upon request, to allow individuals with disabilities to participate in the application process. DATA PRACTICES ADVISORY We are required to provide the following information to you. Under Minnesota law, your name and home address are public information, which must be provided to anyone who requests it. If appointed to a commission, the following information will also be public: education and training background, previous work experience, work location, a work telephone number, and any expense reimbursement. The other information requested below is classified as private. This information will be used by the Commissioners, and the City Council in determining whether you should be appointed to a commission. Therefore, all of the information will be provided to the Commissioners and City Council in a public forum and will be reviewed in public. Failure to provide the requested information may result in your not being considered for an appointment. H:ACity Hall Information \Forms\Administrative Applications Information\2012 Commission Application.doc Please complete the information below: Name: "&-R ',p i77..t kva Address: 630 9S CA,6j R � Phone: (h) 763- VAk :— ?3!/ (w) 6AQ- .373 --�40 �- Fax: E -mail: P�'Ici<iffs.aaru —Grns�. c Please answer the following questions (use the back side if more space is needed): 1) How long have you been a Corcoran resident? A4^'ZCs -1 Gaol o 2) Please list any city committees/ commissions you have served on in the past, either for the City of Corcoran or another community. Please include the dates of service and if you held any positions such as Chair or Secretary. c2 o i/ 3) Please describe why you feel qualified to serve on the Commission for which you are applying, including any other relevant experience with the issues faced by the Commission. '�11.�v L�`d� A'l�a'V L�a�F./`E'/,�a�E' -e� erg �'/t,•+..Q.rgln.q mp�' H:ACity Hall Information \Fonns\Adnlinistrative Applications Infonnation \2012 Commission -""3 Application.doc If appointed, I agree to disclose any conflict of interest l might have in reviewing or approving any contract, license, permit, application, appointment, land use decision, public improvement, or other matter that comes before me? Please sign and date this Application and return to: City of Corcoran 8200 County Road 116 Corcoran MN 55340 Date / s/ /a Applicant Signature H: \City Hall Infomlation \Fonns\Administrative Applications Infonnation \2012 Commission Application.doc CITY OF C Z� I : N EMPLOYEE HANDBOOK 8200 COUNTY ROAD 116, CORCORAN MN 55340 763.420.2288 — OFFICE 763.420.6056 — FAX E -mail — general @ci.corcoran.mn.us / Web Site — www.ci.corcoran.mn.us City of Corcoran Employee Handbook Effective as of December 1, 2011 Page 2 City of Corcoran Employee Handbook TABLE OF CONTENTS TOPIC.................................................................................................... ............................... PAGE # WELCOME & PURPOSE OF THIS HANDBOOK ............................................. ..............................7 LIMITS OF POLICY APPLICATION ................................................................ ............................... 8 CITY ORGANIZATION ..................................................................................... ............................... 8 EMPLOYMENT Equal Employment Opportunity Policy Statement ......................... ............................... 9 HiringProcedures ............................................................................... ..............................9 Internal Job Opportunities .............................................................. ............................... 10 SelectionProcess .............................................................................. .............................10 BackgroundChecks .......................................................................... .............................10 Employment (1 -9) Verification ........................................................... .............................10 Testing and Examinations ................................................................. .............................11 20 Veteran's Preference Law ................................................................. .............................11 Pre - employment Medical Examination ............................................ .............................12 Probationary Employment — Training Period .................................. .............................12 OutsideEmployment ......................................................................... .............................13 Layoffs................................................................................................. .............................14 Resignation and Notice ..................................................................... .............................14 Payat Termination ............................................................................. .............................14 ReferenceChecks .............................................................................. .............................15 CLASSIFICATION, COMPENSATION AND HOURS OF WORK Employee Classifications .................................................................. .............................16 JobDescriptions ................................................................................ .............................17 PayGrades and Steps ....................................................................... .............................18 Hours of Work & Pay Periods ........................................................... .............................18 Paydays / Direct Deposit / Payroll Deductions ............................... .............................19 Lunch and Rest Periods .................................................................... .............................20 CompensatoryTime ......................................................................... ............................... 20 CallBack Pay ...................................................................................... .............................20 TimeReporting ................................................................................... .............................20 BENEFITS GeneralBenefit Information .............................................................. .............................22 Minnesota State Deferred Compensation Plan ............................... .............................22 CafeteriaBenefits Plan .................................................................... ............................... 22 Continuation of Insurance Coverage ............................................... .............................22 Post Retirement Health Insurance ................................................... .............................23 City County Credit Union (CCCU) .................................................... .............................23 PERA & Social Security ..................................................................... .............................23 Workers' Compensation .................................................................... .............................23 ATTENDANCE General Attendance Information .................................................... ............................... 25 Adverse Weather Conditions ............................................................ .............................25 Effective as of December 1, 2011 Page 3 City of Corcoran Employee Handbook TOPIC.................................................................................................... ............................... PAGE # LEAVE POLICY Definitions......................................................................................... ............................... 26 Leave Policy for Exempt Employees ............................................... .............................26 38 Paid - Time -Off Earning and Use ........................................................ .............................27 Holidays- Paid ................................................................................... .............................29 38 FuneralLeave - Paid ........................................................................ ............................... 29 VotingLeave — Paid ......................................................................... ............................... 29 Military Leave Voting Leave - Paid ................................................... .............................30 39 Bone Marrow/ Organ Donation Leave — Paid ................................ ............................... 30 JuryDuty — Paid ............................................................................... ............................... 30 Court Appearances - Paid or Unpaid ............................................. ............................... 31 Leave Donation Policy - Paid ............................................................ .............................31 State Parenting Leave - Unpaid ........................................................ .............................32 43 Coordination with other Leave Provisions .................................... ............................... 32 FMLA ................................................................................................. ............................... 32 Extended Leaves - Unpaid .............................................................. ............................... 33 Fitness for Certification / returning to Work after a Medical Absence ......................35 Military Family Leave - Unpaid ......................................................... .............................35 44 School Conference and Activities Leave — Unpaid ...................... ............................... 36 ElectionJudges — Unpaid ................................................................. .............................36 46 Light Duty / Modified Duty Assignment ......................................... ............................... 36 AdministrativeLeave ......................................................................... .............................37 TIME AT WORK Americans with Disabilities ............................................................ ............................... 38 BulletinBoards ................................................................................... .............................38 BusinessEthics ............................................................................... ............................... 38 CityProperty ....................................................................................... .............................39 CityCredit Card .................................................................................. .............................39 City and Personal Cell Phone Use ................................................. ............................... 39 Electronic Communications ............................................................. .............................40 SocialNetworking .............................................................................. .............................41 EmployeeAppearance ....................................................................... .............................42 Assigning and Scheduling Work ...................................................... .............................43 Data Practice Advisory / Personnel Files ...................................... ............................... 43 MediaInformation ............................................................................ ............................... 43 Employmentof Relatives ................................................................ ............................... 44 Expense & Travel Reimbursement ................................................. ............................... 44 PerformanceReviews ........................................................................ .............................44 PersonalConduct ............................................................................ ............................... 44 Solicitation & Distribution ................................................................. .............................45 CityDriving Policy ........................................................................... ............................... 46 RESPECTFUL WORKPLACE Harassment & Offensive Behavior ................................................... .............................48 Employee Response to Disrespectful Behavior ........................... ............................... 50 Supervisor's Response to Allegations of Disrespectful Workplace Behavior......... 50 Special Reporting Requirements ................................................... ............................... 51 Confidentiality.................................................................................. ............................... 52 Retaliation......................................................................................... ............................... 52 Effective as of December 1, 2011 Page 4 City of Corcoran Employee Handbook SAFETY IN THE WORKPLACE Physical Qualifications of Employees ........................................... ............................... 53 Instructions and Training .................................................................. .............................54 63 Reporting Accidents & Illnesses ...................................................... .............................54 SafeEquipment / Gear ..................................................................... ............................... 54 Security............................................................................................. ............................... 55 UnsafeBehavior ................................................................................. .............................55 64 Possession and Use of Dangerous Weapons ............................... ............................... 55 Drugs& Alcohol ............................................................................... ............................... 56 DrugTesting ..................................................................................... ............................... 56 Tobacco -free Environment ............................................................. ............................... 57 Vehicles............................................................................................. ............................... 57 EmployeeRight to Know ................................................................. ............................... 57 DISCIPLINE POLICY CorrectiveAction ............................................................................. ............................... 58 GRIEVANCE POLICY .................................................................................... ............................... 59 EDUCATION & TRAINING POLICY Job Related Conferences and Training ......................................... ............................... 60 Out -of -State Travel ........................................................................... ............................... 60 Compensation for Travel & Training Time .................................... ............................... 60 Travel, Meals and Allowances ........................................................ ............................... 61 MembershipDues ............................................................................ ............................... 61 Request for Participation in Training & Conferences .................. ............................... 61 Tuition Reimbursement ..................................................................... .............................61 APPENDIX Codeof Ethics .................................................................................... .............................63 Definitions......................................................................................... ............................... 63 Responsibilities of Public Office ...................................................... .............................63 DedicatedService ............................................................................ ............................... 64 Rulesof Conduct ............................................................................. ............................... 64 Acceptance of Gifts or Favors ........................................................ ............................... 64 Use of Confidential Information ..................................................... ............................... 65 Conflictsof Interest .......................................................................... .............................65 Determination of Conflicts of Interest .............................................. .............................65 Resolution of Conflict of Interest ..................................................... .............................66 EMPLOYEE ACKNOWLEGEMENT Handbookcopy ................................................................................ ............................... 67 PersonnelFile copy ........................................................................... .............................69 Effective as of December 1, 2011 Page 5 City of Corcoran Employee Handbook Effective as of December 1, 2011 Page 6 City of Corcoran Employee Handbook WELCOME AND PURPOSE OF THIS HANDBOOK Welcome to employment with the City of Corcoran! This handbook has been prepared by the City of Corcoran (also referred to as "the City ") to provide employees with general information about some of the policies and programs that affect their employment. It is not intended to be a legal statement of benefits or a comprehensive explanation of our personnel policies and practices. Its sole function is to give employees a general understanding of how the City views the employment relationship and approaches personnel issues. If at any time there is a difference between a statement in this handbook and source material, such as plan documents, the source material that is current at the time will take precedence. It is not possible to anticipate every question that might arise in the course of employment. Questions about matters not covered should be directed to the City Administrator or the department supervisor. Each Department Director may establish additional departmental rules and procedures which further the efficient operation of the department. Employees subject to these policies shall comply with and carry out the provisions of these policies. Any employee who fails to comply with any of the provisions of these policies may be subject to disciplinary action in a form that the City deems appropriate, up to and including dismissal from employment. Nothing in this handbook, nor any other written or verbal communication, should be construed as creating a contract for employment or a warranty of benefits for any particular period of time, nor does this handbook change the "at will" employment relationship between the City of Corcoran and any of its employees. Employees have the right to terminate the employment relationship with the City at any time, with or without notice, for any reason. The City has the same right to terminate the employment relationship at any time, with or without notice, for any reason not prohibited by law. The City retains sole discretion to add, delete, or change anything contained in this handbook, except employment -at -will. This employee handbook supersedes and replaces any and all previous policies and related materials made available to the employees of the City of Corcoran. The policies and programs outlined in this handbook are those presently in effect. It is likely that the policies and the employment - related benefits and programs of the City will change from time to time. Although we will periodically update this handbook to keep employees informed of changes, we may implement changes immediately, without advance notice. The City Council may revise, delete or otherwise change policies, and will make the final determination in interpreting or applying policies. Effective as of December 1, 2011 Page 7 City of Corcoran Employee Handbook LIMITS OF POLICY APPLICATION These policies shall apply to all employees of the City, except as otherwise may be specifically provided herein. Policies associated with employment do not apply to the following, except as may otherwise be specifically provided in any of the provisions of this policy manual: • Elected Officials; • Members of City Boards, Commissions and Committees; • Consultants and others rendering services under contract with the City. Certain employees are covered by a collective bargaining agreement. If there is a difference between the collective bargaining agreement and this handbook, the collective bargaining agreement will prevail. CITY ORGANIZATION The City of Corcoran is a Charter City. The primary functions of the City operate under the guidelines of a statutory Home Rule Charter City. An elected City Council with four (4) members and a Mayor serve as legislative authority and approve policy. The City Council appoints a City Administrator to function as the Chief Executive Officer of the City and a Public Safety Director. All City Staff report indirectly to the Mayor and Council through one of the two appointed senior managers. The City Administrator oversees finance, administration, public works and all other non - public safety functions. The Director of Public Safety oversees all police and fire functions. All Mayor and Council direction to city staff and consultants is provided through one of the two senior managers. In an emergency the Mayor followed by the Acting Mayor shall provide direction, as necessary, to all functions except law enforcement and emergency response by public safety functions. In matters of law enforcement and emergency response, the public safety department will follow an internal succession of authority in the absence of the Director of Public Safety and will request resources as necessary to carry out their function. Commissions have been established to act in an advisory capacity to the City Council. All members are appointed by the City Council. A Planning Commission consisting of six (6) regular and two (2) alternate members assists in the City's planning efforts and acts as the Board of Appeals and Adjustments. A Parks & Trails Commission consisting of nine (9) regular and up to three (3) alternate members reviews proposed plans and development and makes recommendations concerning capital improvements and operations of parks and trails within the City. Administrative and police functions are housed at the municipal center. Public works is located in a separate facility. The City contracts with neighboring departments for fire protection. The City contracts for legal services, engineering services, planning services, and for building inspection services. Effective as of December 1, 2011 Page 8 City of Corcoran Employee Handbook EMPLOYMENT Equal Employment Opportunity Policy Statement The City of Corcoran is an equal opportunity employer. The City has a policy of providing equal opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity directives or regulations of Federal, State and Local governing bodies or agencies thereof, specifically the Minnesota Human Rights Act (Minnesota Statute Chapter 363A). Accordingly, any recruitment, selection, promotion, transfer, discipline, compensation, training and other personnel actions involving persons in all job titles shall occur without regard to race, color, creed, religion, national origin, gender, disability, age, marital status, and sexual orientation, status with regard to public assistance, or membership or activity in a local human rights commission. (Note: All terms are interpreted as defined in Minnesota Statutes or other applicable federal laws.) No individual will be denied or receive special employment opportunities based on status in any protected category. Every employee of the City of Corcoran is expected to support this equal opportunity and non- discrimination commitment by conducting him /herself in a manner that is consistent with the intent and spirit of this policy. Any individual who believes he or she has experienced or observed behavior contrary to this policy is expected to report that information to the City Administrator or Mayor. All such reports of action contrary to this policy will be taken seriously and investigated promptly. Individuals found to have violated the City of Corcoran's equal employment opportunity policy will be subject to corrective action, up to and including termination of employment. It is also a violation of this policy to retaliate against anyone for making a good faith report under this policy or for being involved in any way in the resolution of such a report. Hiring Procedures The City Administrator or a designee will manage the hiring process for non - public safety positions within the City. The Director of Public Safety or a designee will manage the hiring process for the Police Department, but will coordinate with the City Administrator to ensure procedural consistency and records management. While the hiring process may be managed by staff, the City Council is responsible for the final hiring decision and must approve all hires to City employment. All hires will be made according to merit and fitness related to the position being filled. The hiring manager will determine if a vacancy will be filled through an open recruitment or by promotion, transfer or some other method. This determination will be made on a case -by -case basis. The majority of position vacancies will be filled through an open recruitment process. Application for employment will be made on application forms provided by the City. Other materials in lieu of a formal application may be accepted in certain recruitment situations. Prior to appointment an application form must be completed. All candidates must complete and submit the required application materials by the posted deadline, in Effective as of December 1, 2011 Page 9 City of Corcoran Employee Handbook order to be considered for the position. The deadline for application may be extended by the hiring manager, but must be extended for all candidates. Position vacancies may be filled on an "acting" basis as needed. The City Council will approve all acting appointments, upon recommendation from the City Administrator or Director of Public Safety. Pay rate assignments for acting positions will be recommended to the City Council for approval. Internal Job Opportunities Many job openings will be posted internally on the City's bulletin board. Employees who are interested in applying for a current job opening should contact the City Administrator for an application. Selection Process The selection process will be a cooperative effort between the City Administrator, Director of Public Safety or designee and the hiring supervisor, subject to final hiring approval of the City Council. Any, all or none of the candidates may be interviewed. The process for hiring seasonal and temporary employees may be delegated to the appropriate supervisor with each hire. Except where prohibited by law, seasonal and temporary employees may be terminated by the supervisor at any time. Background Checks All finalists for employment with the City will be subject to a background check to confirm information submitted as part of application materials and to assist in determining the candidate's suitability for the position. Except where already defined by state law, the City Administrator or Director of Public Safety will determine the level of background check to be conducted based on the position being filled. Employment (1 -9) Verification The Immigration Reform and Control Act of 1986 (IRCA) states that employers must hire only American citizens and aliens who are authorized to work in the United States. Employers must verify the employment eligibility of anyone hired after November 6, 1986. The City of Corcoran will accept any authorized form of identification of United States citizenship or right to work in the United States permit. The City does not discriminate against any individual (other than an unauthorized alien) in hiring, discharging, recruiting, because of that individual's national origin, or in the case of citizen or intending citizen, because of his or her citizenship status. Effective as of December 1, 2011 Page 10 City of Corcoran Employee Handbook Testing and Examinations Applicant qualifications will be evaluated in one or more of the following ways: training and experience rating; written test; oral test or interview; performance or demonstrative test; physical agility test, or other appropriate job - related exam. The City requires a drug test upon offer of a position covered by the Omnibus Transportation Employee Testing Act. Internal recruitments will be open to any City employee who: (1) has successfully completed the initial training period; (2) meets the minimum qualifications for the vacant position; and (3) currently is and for the past year has been in good standing with the City. The City Council or a designee will establish minimum qualifications for each position with input from the appropriate supervisor. To be eligible to participate in the selection process a candidate must meet the minimum qualifications. Veteran's Preference Law Refer to Minn. Stat. § 197.455 through 197.481 and 43A.11 for provisions of Veteran's Preference Law. All applicants are given the opportunity to claim veteran's preference when completing the City's application for employment. Form DD214 may be requested for proof of honorable discharge. The City Administrator or Director of Public Safety will determine whether veteran's preference applies to the selection process for the job being filled. Internal candidates may request veteran's preference whenever they apply for a position, covered by veteran's preference law, which will be filled by open competitive exam. However, on competitive promotional exams, only disabled veterans are eligible for preference and one time only. Candidates must pass minimum qualification requirements (written exam, skills test or oral interview as determined by the City Council in advance) before veteran's preference is considered. Veteran's preference is in addition to the combined test score, five (5) additional points on a one hundred (100) point scale if veteran, ten (10) additional points on a one hundred (100) point scale if disabled, five (5) additional points on a one hundred (100) point scale on promotional exam if disabled. The records will show the combined test scores plus the preference score. Each veteran's name is placed on the eligible list in the ranking order in which the augmented score entitles him or her. If a veteran and a non - veteran have the same score, the veteran's name is placed first. Effective as of December 1, 2011 Page 11 City of Corcoran Employee Handbook Pre - employment Medical Examination If a candidate is offered a position, the candidate may be required to undergo a medical examination, which may, for certain jobs, include a psychological evaluation by a licensed physician designated by the City, at the City's expense, to determine fitness to perform the essential functions of the offered City position. Psychological /psychiatric exams, if required, will be conducted by a licensed psychologist or psychiatrist. Where a medical examination is required, an offer of employment is contingent upon successful completion of the medical exam. Information obtained from the medical exam will be treated as confidential medical records. The physician will notify the City Administrator, Director of Public Safety or supervisor whether an employee is or is not medically able to perform the essential functions of the job, with or without accommodations and, if applicable, whether an employee has passed a drug test. If it is determined that a prospective employee will require accommodation to perform one or more of the essential functions of the job, the City Administrator, Director of Public Safety or supervisor will confer with the physician and the prospective employee regarding reasonable and acceptable accommodations. If a prospective employee is disqualified from serving in the offered position based on the results of the medical exam, the City will notify the individual of this determination. The City of Corcoran does not discriminate on the basis of disability in the access to, or employment in, its programs or activities. It is the policy of the City of Corcoran, in accordance with the Minnesota Human Rights Act and Americans with Disabilities Act (ADA), to provide reasonable accommodations to the known physical and mental limitations of qualified disabled applicants and employees in order for them to perform the essential functions of the job. Probationary Employment — Training Period The training period is an integral part of the selection process and will be used for the purpose of observing the employee's work and for training the employee in work expectations. Training periods apply to new hires, transfers, promotions and rehires. • All full -time non -union employees will serve an initial six -month probationary period. All part -time employees shall serve a probationary period of 1,040 compensated hours. A probationary employee may be terminated at the sole discretion of the employer. Honorably discharged veterans as defined by Minnesota Statute §197.447 shall be removed only in accordance with the provisions of Minnesota Statute §197.46. • All police officers will serve one (1) year probation as described in the union contract. • All promoted or reassigned employees will serve a six (6) month probationary period. • At any time during the probationary period, a promoted or reassigned employee may be demoted or reassigned to the employee's original position at the sole discretion of the employer. • A demoted employee shall serve a six (6) month probationary period. Effective as of December 1, 2011 Page 12 City of Corcoran Employee Handbook Any interruption of services during the probationary period shall not be counted as part of the probationary period. Interruptions of service shall include, but not be limited to, sick leave, military leave, parental leave, or any other approved leaves with or without pay. Except for military leave, no other interruptions of service may continue for more than six (6) months or the probationary period may start over. Outside Employment The potential for conflicts of interest is lessened when individuals employed by the City of Corcoran regard the City as their primary employment responsibility. All outside employment is to be reported to the employee's immediate supervisor. If a potential conflict exists based on this policy or any other consideration, the supervisor will consult with the City Administrator or Director of Public Safety. Any City employee accepting employment in an outside position that is determined by the City Administrator or Director of Public Safety to be in conflict with the employee's City job will be required to resign from the outside employment or may be subject to discipline up to and including termination. For the purpose of this policy, outside employment refers to any non -City employment or consulting work for which an employee receives compensation, except for compensation received in conjunction with military service or holding a political office or an appointment to a government board or commission that is compatible with City employment. The following is to be considered when determining if outside employment is acceptable: • Outside employment must not interfere with a full -time employee's availability during the City's regular hours of operation or with a part -time employee's regular work schedule. • Outside employment must not interfere with the employee's ability to fulfill the essential requirements of his /her position. • The employee must not use City equipment, resources or staff in the course of the outside employment. • The employee must not violate any City personnel policies as a result of outside employment. • The employee must not receive compensation from another individual or employer for services performed during hours for which he /she is also being compensated by the City. Work performed for others while on approved vacation or compensatory time is not a violation of policy unless that work creates the appearance of a conflict of interest. • No employee will work for another employer, or for his /her own business, while using paid sick leave from the City for those same hours. • Departments may establish more specific policies as appropriate, subject to the approval of the City Administrator or Director of Public Safety. City employees are not permitted to accept outside employment that creates either the appearance of or the potential for a conflict with the development, administration or Effective as of December 1, 2011 Page 13 City of Corcoran Employee Handbook implementation of policies, programs, services or any other operational aspect of the City. Layoff The City Administrator will maintain a seniority list based on hire date. In the event that it becomes necessary to reduce personnel, temporary employees and those serving a probationary period in affected job classes will be terminated from employment with the City before other employees in those job classes. Within these groups, the selection of employees to be retained will be based on merit and ability as determined by the City Administrator or Director of Public Safety, and subject to approval of the City Council. When all other considerations are equal, the principle of seniority will apply in layoffs and recall from layoff. Employees must understand that the organization must consider prior work performance and attendance as primary factors for selecting those to be recalled. PTO accrual is suspended until the employee returns to active duty. Resignation and Notice A written letter of resignation is to be provided to the City Administrator or Director of Public Safety, two (2) weeks prior to the intended last day of employment. Exempt employees must give thirty (30) calendar days notice. The written resignation must state the effective date of the employee's resignation. Failure to comply with this procedure can be considered cause for denying the employee future employment by the City. Unauthorized absence from work for a period of three (3) consecutive working days will be considered by the City Council as a resignation. Upon receipt of a resignation letter, the City Administrator or Director of Public Safety shall acknowledge the resignation letter in writing and inform the employee of any termination benefits, if applicable. Exit interviews will be conducted whenever possible. The supervisor shall collect any issued keys or equipment from the resigning employee. Pay at Termination Upon death, retirement, layoff, or voluntary resignation, full and part -time employees shall receive payment based as follows: PTO, Personal Days and /or Compensatory Time on the books 100% will be paid upon termination or retirement from the City. The balance in an Extended Leave Bank (eligible employees hired prior to January 1, 2008) will be paid at fifty percent (50 %) of the balance upon termination or retirement. Upon separation employee must contribute 50% of their PTO payment into their MSRS POST Retirement Health Savings Plan. In case of death an employee, such severance pay as provided herein shall be paid to the employee's designated beneficiary or spouse. Effective as of December 1, 2011 Page 14 City of Corcoran Employee Handbook Reference Checks The "Minnesota Government Data Practices Act" governs the dissemination of information regarding City employees both current and former. In order to comply with state law, the following procedure will be followed: The City Administrator, Director of Public Safety or other assigned Confidential Employees shall be the only ones authorized to give out reference checks per the Data Practice Act. It shall be the City's policy that requests for information on employees will be honored only if submitted in writing, preferably on letterhead. The City has the standard policy of verifying only the following information: Name, Position, Dates of Employment and Salary. Other information requested will be released as required by law. Effective as of December 1, 2011 Page 15 City of Corcoran Employee Handbook CLASSIFICATION, COMPENSATION AND HOURS OF WORK Employee Classifications The City of Corcoran uses several different employment categories to define the employment relationship. The category of a position may affect the benefits and policies that apply to an individual employee. In general, regular full time and regular part time employees are eligible for all benefits, subject to waiting periods of the various benefits programs. Employees in other employment categories may receive only those benefits required by law. All employees, regardless of category, are employed at -will. The employment categories are listed as follows: A regular full time employee is authorized and scheduled to work a minimum of 40 hours per work week on a regular and consistent basis, without any defined termination date and is eligible for benefits. A regular part time employee is authorized and scheduled to work at least 30, but fewer than 40, hours per work week on a regular and consistent basis, without any defined termination date and is eligible for most benefits. A seasonal employee is hired and scheduled to work up to six consecutive months (185 days or less) and is subject to layoff as the work load /seasons change. Seasonal employees may be assigned to work a full -time or part -time schedule. Seasonal employees do not earn benefits or credit for seniority other than those legally required. The employment relationship is further defined by eligibility for overtime, in accordance with the federal Fair Labor Standards Act (FLSA): Exempt employees are paid on a salaried basis and receive a pre- determined compensation regardless of the number of hours worked per week. Exempt employees are not paid overtime. Those employees defined as exempt by the Federal government are not eligible for overtime payment. They are responsible for scheduling their workweek so as to accomplish all of their duties. This may require greater or fewer than forty (40) hours per week. Exempt employees are expected to work the hours necessary to meet the performance expectations outlined by their supervisors. Generally, to meet these expectations, and for reasons of public accountancy, an exempt employee will need to work 40 or more hours per week. Exempt employees do not receive extra pay for the hours worked over 40 in one workweek. Exempt employees are paid on a salary basis. This means that they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed, and they receive their full weekly salary for any week in which any work is performed. Effective as of December 1, 2011 Page 16 City of Corcoran Employee Handbook If the City inadvertently makes an improper deduction to the weekly salary of an exempt employee, the City will reimburse the employee and make appropriate changes to comply in the future. Non exempt employees may be regular full time, regular part time, or seasonal. Non- exempt employees are paid for all hours worked and are required to account for hours and fractional hours worked. Non - exempt employees are eligible for overtime pay and under federal and /or state law must be paid minimum wage and be compensated for overtime hours worked. Overtime will be compensated at one and one -half (1'/2) times the employee's regular rate of pay for hours worked in excess of 40 hours in a work week. The employee's supervisor must approve overtime hours in advance. An employee who works overtime without prior approval may be subject to disciplinary action. Compensation will take the form of either time and one -half pay or compensatory time. Compensatory time is paid time off at the rate of one and one -half hours off for each hour of overtime worked. Overtime earned will be paid at the rate of time and one -half on the next regularly scheduled payroll date, unless the employee indicates on his /her timesheet that the overtime earned is to be recorded as compensatory time in lieu of payment. For most employees the workweek begins at midnight on Friday and runs until the following Friday night at 11:59 p.m. Supervisors may establish a different workweek based on the needs of the department, subject to the approval of the City Administrator or Director of Public Safety. All employees, in all departments, are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. The City elects to count holidays, vacation, sick time, and /or Paid - Time -Off (PTO) as hours worked for overtime purposes, even though the law does not require that such time count as hours worked. Job Descriptions The City will maintain job descriptions for each job classification. Prior to posting a vacant position, the existing job description is reviewed by the City Administrator, Director of Public Safety, or designee, and the hiring supervisor to ensure that the job description is an accurate reflection of the position and that the stated job qualifications do not present artificial barriers to employment. New job descriptions will be developed or existing descriptions will be updated as needed but must be approved by the City Council. Each job description will include: position title, department, supervisor's title, FLSA status (exempt or nonexempt), primary objective of the position, essential functions of the position, examples of performance criteria, minimum requirements, desirable training and experience, supervisory responsibilities (if any), the extent of supervisory direction or guidance provided to the job, and physical and mental demands, including Effective as of December 1, 2011 Page 17 City of Corcoran Employee Handbook expected working conditions. Good attendance and compliance with work rules and policies are essential functions of all City positions. A current job description is provided to each new employee. Supervisors are responsible for revising job descriptions as necessary to ensure that the position's duties and responsibilities are accurately reflected. All revisions are reviewed and must be approved by the City Administrator or Director of Public Safety. Pay Grades and Steps The City maintains a pay structure that is in compliance with the letter and spirit of the Minnesota Pay Equity statute. Jobs are rated and assigned to pay grades based on job content and requirements. Individuals are paid on one of several pay steps within each grade. For each complete 2080 hour work year, with satisfactory performance, employees are eligible for an increase to the next step in their job grade, until they reach the range maximum. At that point increases are limited to the increase in the overall pay structure. The City will consider market, its financial condition and its ability to attract and retain qualified candidates when making decisions about increasing the structure. Newly hired employees start at the beginning step of their grade unless the Council authorizes application of a higher step. Considerations will include qualifications exceeding the job requirements and competitive reasons. Promoted employees are assigned to the higher grade associated with the new job and are assigned to the closest step that is equal to or greater than their current pay. Promotions to a higher grade will normally provide for greater future pay increase opportunities. Hours of Work & Pay Periods A workweek is defined as seven consecutive 24 -hour periods commencing Saturday at 12:00 a.m. and ending Friday at 11:59 p.m. All overtime work and regular hours must be documented. Employees are expected to work hours according to the schedule established by the City Administrator, Director of Public Safety, or as set by their immediate supervisor. In accordance with the City's commitment to public service, an employee's schedule may be adjusted at the sole discretion of the City Administrator, Director of Public Safety, or the employee's supervisor in order to meet the immediate or long -term needs of the City. • City Hall Hours of Work o Regular office hours are Monday thru Friday 8:00 am to 4:00 pm • Public Works Hours of Work o The following are the regular hours of work. The City may change at its discretion on 72 hours notice the start time. If an emergency is declared by the Mayor and /or the City Council under the city's Emergency Effective as of December 1, 2011 Page 18 City of Corcoran Employee Handbook Management Plan, the start time notice rule shall not apply. The Department Supervisor may alter the regular hours of work schedule at any time after the start time at his / her discretion. Changes will be based upon the current needs of the city as to staffing requirements: • Normal schedule: 7am to 3pm, Monday thru Friday (if' /2 hour paid lunch is approved otherwise 7 AM to 3:30 PM) • Summer schedule (Last Monday in May to Labor Day) 6 am to 3 pm Monday thru Thursday (if' /2 hour paid lunch is approved otherwise 6 AM to 3:30 PM) and 6 am to 10 am Friday • Public Works employees are subject to adjusted schedules on short notice if needed to maintain public safety and expected street and utility service levels Police Department Hours of Work • Regular office hours are Monday thru Thursday 7:30 am to 5:00 pm and Friday 8:00 am to 12:00 pm • Sworn officers are subject to working scheduled hours as needed for 24 -7 coverage An employee is expected to adhere to prescribed hours of work and to notify the City Administrator, Director of Public Safety, or an employee supervisor as early as possible if an employee must be absent for unforeseen reasons. An employee is expected to perform as instructed and to follow all City and department rules, regulations and policies as they relate to an employee. If an employee does not perform their assigned duties in a satisfactory manner, an employee may be subject to disciplinary action. Paydays / Direct Deposit / Payroll Deductions Paychecks are issued every two weeks. Employees are paid every other Friday. When paydays fall on a holiday, checks are normally issued the day before the holiday. Paychecks will not be given to anyone other than the person for whom they were prepared, unless the person has a note signed by the employee authorizing the City to give the other person the check. Checks will be given to the spouse, or another appropriate immediate family member, in the case of a deceased employee. Employees are responsible for notifying the payroll administrator of any change in status including changes in address, phone number, names of beneficiaries, marital status, etc. All employees of the City are required to participate in direct deposit as provided for in Minnesota law, 471.426. The City is required by law to make deductions from pay for federal and state income tax, Medicare, and Social Security. The City must also make payroll deductions in accordance with court orders, for purposes such as child support withholding or garnishments. The City will make only legally required deductions from pay, unless the employee has signed an authorization for other deductions. Effective as of December 1, 2011 Page 19 City of Corcoran Employee Handbook The City in compliance with Minn. Stat. § 256.998 shall provide information on new hires and re -hires within twenty (20) calendar days to a central statewide office for the purpose of assessing child support obligations. It is the City's policy to assist in the collection of child support including, but not limited to, income withholding. Lunch and Rest Periods Employees are provided an unpaid lunch period of at least thirty (30) minutes and not to exceed one (1) hour. Employees are entitled to a paid fifteen (15) minute rest period during every four (4) hour work period. If approved by the department head or supervisor, employees may combine their fifteen (15) minute rest periods and receive a paid thirty (30) minute lunch period. Compensatory Time The City Administrator, Director of Public Safety, and City Council shall be responsible for administering the compensatory time leave policy. Compensatory time shall not accrue to greater than eighty (80) hours. When the employee has earned eighty (80) hours he or she must be paid at a rate in conformance with applicable state and federal laws at the end of each pay period. All compensatory time accrued will be paid when the employee leaves City employment at the hourly pay rate the employee is earning at that time. Call Back Pay A regular full -time employee called back after normal working hours for a non- planned event, shall be paid for a minimum of two (2) hours pay. Any hours beyond two (2) shall be paid at the regular rate; unless the week's total hours require overtime pay. All callback pay must be approved on the employee's time card by either the supervisor, City Administrator or Director of Public Safety. This provision does not apply to the extension of a normal work shift. This does not apply to City Council or other meetings at which attendance is required of the employee by the City Administrator or Director of Public Safety. This section does not apply to part -time, seasonal or temporary employees. Time Reporting State and federal laws require the organization to keep accurate records of time worked by all non - exempt employees. Our time keeping system works not only to assure we comply with the law, but also to assure that employees are paid in full for all the time they have actually worked. The approved time record is used to compute earnings on the basis of hours worked. Non - exempt employees must accurately record the time they begin and end their work, in addition to any departure from work for any non - business reasons. Overtime work must always be approved before it is performed. Employees should see their supervisor Effective as of December 1, 2011 Page 20 City of Corcoran Employee Handbook for accurate time reporting instructions. Exempt employees must record all PTO, vacation, sick, and holiday hours on the forms provided to them. Altering, falsifying, tampering with time records, or recording time on another employee's time record may result in corrective action, up to and including termination of employment. Effective as of December 1, 2011 Page 21 City of Corcoran Employee Handbook BENEFITS General Benefits Information In addition to contributing to employees' benefits, The City of Corcoran contributes substantial sums toward various government programs that provide further benefits to employees, such as Social Security (FICA), Workers Compensation Insurance and Unemployment Compensation. A complete list of current benefits and premium contributions is found in a Benefits Plan Summary that is updated annually. No benefit establishes a contract or promise of employment, or of any particular terms, benefits or duration of employment, nor is intended to modify the at -will nature of anyone's employment with the City. Unless otherwise prohibited or required by law, the City reserves the right to add to, amend, change benefit providers and /or eligibility and coverage provisions or terminate any benefit at any time, at its sole discretion and without notice. MN State Deferred Compensation Plan ( MNDCP) MNDCP is open to all Minnesota public employees. It allows an employee to set aside a portion of an employee's income and accumulate it on a tax - deferred basis. That means less of an employee's salary is subject to current income tax and an employee's savings and investment earnings accumulate tax - deferred until an employee starts drawing from the Plan at retirement. For further information on this account contact the City Administrator, Director of Public Safety, or Payroll Administrator. Cafeteria Benefits Plan The City provides a cafeteria benefits plan to accommodate the individual and changing needs of employees. A description of the benefits can be found in the "Benefits Plan Summary" document. Each eligible employee will be given an annual dollar amount to purchase core benefits under the cafeteria plan. The City will review its contribution on a regular basis, usually during the budgeting process. Employees may select options during an open enrollment period or as allowed by law. Continuation of Insurance Coverage Federal and certain state laws provide some opportunities for employees to continue coverage in the group insurance plans at their own expense, after they leave their employment with the organization and /or in certain changes in family status. In addition, the employee's dependents may be eligible for insurance continuation, at their own expense, should they become ineligible for insurance under the employee. Employees are required to notify the payroll administrator when these situations occur. Employees who are eligible for insurance continuation will be provided specific information about availability and cost and should see the City Administrator for more information. Effective as of December 1, 2011 Page 22 City of Corcoran Employee Handbook Post Retirement Health Insurance All non -union employees will contribute a dollar amount, as set forth below, to the Health Care Savings Plan administered by the Minnesota State Retirement System (M.S.R.S.) based on the years of City /Government service: Actual Years of Service (yr = 2,080 hrs) `0 - 4.9 years 5 - 14.9 years 15 - 19.9 years 20 years and over Contribution as a Percent of Gross Pay 2% per pay period 3% per pay period 4% per pay period 5% per pay period Upon separation employees must contribute 50% of their PTO severance into the Retirement Health Care Savings Plan. The City offers retirees the opportunity to continue their health insurance coverage at their own expense. An employee hired before Feb. 1, 2001, who retires with a combination of years of service and age totaling eighty -five (85), and having a minimum of fifteen (15) years of service as a full -time Corcoran employee, shall be entitled to a fifty percent (50 %) employer contribution for the employee's cost of single hospitalization and medical insurance premium until said employee reaches the age of sixty -five (65). When multiple plan options are made available, the lowest premium option will be used as the benchmark for city contributions. City /County Credit Union (CCCU) As a City employee, an employee is eligible to become a member of an employee's area CCCU. This is a type of financial institution that allows members the opportunity to access lower interest rates for loans, setting up savings bonds, etc. PERA & Social Security All employees that qualify are automatically on the coordinated PERA and Social Security plan. Social Security and PERA deductions are taken out of the employee's earnings at the rate defined by these programs. The City shall contribute to PERA and Social Security at the rate defined by the programs. Workers' Compensation Workers' Compensation insurance provides compensation to employees who have a work - related injury or disease. The benefits include partial wage replacement and full payment of reasonable medical and rehabilitation costs. In case of death, workers' compensation benefits are paid to the employee's dependents. Worker's compensation Effective as of December 1, 2011 Page 23 City of Corcoran Employee Handbook benefits and procedures to return to work will be applied according to applicable state and federal laws. All employees are required to report any job - related illnesses or injuries to their supervisor immediately (no matter how minor). If a supervisor is not available and the nature of injury or illness requires immediate treatment, the employee is to go to the nearest available medical facility for treatment and, as soon as possible, notify his /her supervisor of the action taken. In the case of a serious emergency, 911 should be called. If the injury is not of an emergency nature, but requires medical attention, the employee will report it to the supervisor and make arrangements for a medical appointment. Effective as of December 1, 2011 Page 24 City of Corcoran Employee Handbook ATTENDANCE General Attendance Information The City's ability to meet residents' needs is dependent on employees being at work during their scheduled work hours. An employee who is going to be absent or tardy is responsible for reporting the absence or tardiness to his /her supervisor as soon as possible, but no later than their normal starting time. Calling in does not excuse the absence, but will allow the supervisor to arrange work crews. Punctual and consistent attendance is an important factor in determining an employee's continuation and potential advancement within the organization. An employee who is absent for three consecutive scheduled days, without notifying their supervisor, will be considered to have voluntarily terminated his or her employment. Employees should make arrangements with their supervisor if they need to miss work for personal appointments. These appointments should be scheduled so as to cause the least amount of work disruption. Adverse Weather Conditions City facilities will generally be open during adverse weather. Due to individual circumstances, each employee will have to evaluate the weather and road conditions in deciding to report to work (or leave early). Employees not reporting to work for reasons of personal safety will not normally have their pay reduced as a result of this absence. Employees will be allowed to use accrued vacation time or compensatory time; or with supervisor approval may modify the work schedule or make other reasonable schedule adjustments. Sworn police officers and public works maintenance employees will generally be required to report to work regardless of conditions. Decisions to cancel departmental programs (special events, recreation programs, etc) will be made by the respective supervisor, the City Administrator, or Director of Public Safety. Effective as of December 1, 2011 Page 25 City of Corcoran Employee Handbook LEAVE POLICY It is the policy of the City to grant employees leaves, both paid and unpaid, as herein applied, in order that employees may perform their duties on the job mentally and physically refreshed. Recognizing that employees offer their best efforts to the City when they are able to attend to pressing personal problems, the City grants leaves of absence as described in this manual, when such time off from the job is justified. All leaves will be granted at the discretion of the City, with consideration of the needs of the department or area in which the employee is located. Federal or state laws may require leave practices that are more favorable to the employee than those set out in this handbook; federal and state law shall prevail. The City Administrator, Director of Public Safety, and City Council shall be responsible for administering the leave policy as outlined in this manual. The City Administrator or Director of Public Safety shall approve the paid and unpaid leaves of absence that are stated in this policy to be within his or her scope after consideration of departmental needs to ensure unhampered operation of the activities of the department. Definitions "Paid Leave" - Authorized absence from duties of a position without loss of regular compensation from the City. "Unpaid Leave" - Authorized absence from duties of a position without compensation from the City. Leave Policy for Exempt Employees Management employees are required to work the number of hours necessary to fulfill their responsibilities including evening meetings and /or on -call hours. Management employees are required to use paid leave when on personal business or away from the office for four (4) hours or more, on a given day. Absences of less than four (4) hours do not require use of paid leave as it is presumed that the staff member regularly puts in work hours above and beyond the normal, Monday through Friday requirement. Management employees must communicate their absence to the City Administrator, Director of Public Safety, or his /her designee. If one of the above employees regularly absents themselves from work under this policy and it is found that there is excessive time away from work which is not justified, the situation will be handled as a performance issue. If it appears that less than forty (40) hours per week is needed to fulfill the position's responsibilities, the position will be reviewed to determine whether a part -time position will meet the needs of the City. Additional notification and approval requirements may be adopted by the City Effective as of December 1, 2011 Page 26 City of Corcoran Employee Handbook Administrator or Director of Public Safety for specific situations as determined necessary. Paid Time -off Earning and Use PTO hours accrue every month worked based on the employee's length of service. As the hours accrue in the employee's PTO bank, the employee may use them for any reason including illness, medical /dental appointments, vacations, personal business, etc. New, eligible employees begin accruing PTO in their first full month of employment. When service is on a continuous basis, regular full time employees accrue PTO time according to the following schedule: Credited Years of Service (yr = 2,080 hrs) Days per Year Hrs per Pay Period Less than 1 15 4.7 1 — 4.9 20 6.2 5 — 9.9 25 7.7 10-14.9 30 9.3 15+ 35 10.8 20 +` t0 * Applies only to employees hired prior to December 1, 2011 12.4 The City Administrator and Director of Public Safety shall determine when preparing a job offer whether it is necessary and equitable to provide up to one year of service credit toward PTO accrual and shall recommend experience credit to the City Council as part of the hiring approval process. Employees hired prior to December 1, 2011 shall continue to be credited with service time already recognized. Employees must use PTO hours to cover their absences unless a law specifically provides that employees may chose to take the time as unpaid. Employees cannot borrow PTO that has not yet been accrued. If an employee does not have enough PTO hours to cover an absence, he /she will only be paid to a "zero" balance. Employees in regular part -time positions, generally scheduled to work thirty (30) or more hours per week, shall earn paid time off based on their years of service on a pro -rated basis. Every 173.33 hours worked is equal to a month and 2,080 hours is equal to a year of service. Temporary and Seasonal employees are not eligible for PTO. Effective as of December 1, 2011 Page 27 City of Corcoran Employee Handbook Employees will not accrue PTO during unpaid absences (such as approved leaves, etc.) that extend more than 2 weeks. If an employee's absence extends beyond this time, their PTO accrual will resume when the employee returns to a full month of work. At the end of each calendar year, an employee may roll over up to one (1) times an employee's annual PTO allocation into their PTO bank. Any PTO time over one (1) year's accrual will be forfeited. No PTO will be allowed to accrue in excess of this amount without the approval of the City Administrator or Director of Public Safety. PTO will be paid at the employee's normal rate of pay at the time of the absence. It does not include overtime or any special forms of compensation such as shift differentials. PTO is to be requested at least one week in advance by completing a "Request for Time Off" form and submitting it to their supervisor for approval. Whenever possible, the PTO will be granted - provided it does not interrupt workflow. It is normally granted on a first come -first served basis. If the request is denied, the supervisor will discuss it personally with the employee. If the absence has been unplanned, the employee should complete this form when they return to work or ask their supervisor to complete it for them. In all cases, the employee must record the PTO hours on his /her time record. Non - exempt employees can use PTO in increments of 1 hour or more; however, the employee's total hours for the week (including the PTO) cannot exceed his /her normally scheduled work hours. For example, if an employee is normally scheduled for 40 hours /week and has 38.07 regular hours, he /she can use no more than 1 hour of PTO to bring the total to 39.07 hours. PTO counts as hours worked for overtime purposes. Exempt employees must use PTO in full or half -day increments. Employees are responsible to plan and manage their own PTO hours by referring to the accruals on their paychecks. Discrepancies should be reported immediately to the City Administrator. Employees will not be granted PTO pay in lieu of taking time off. Upon separation non -union employees must contribute 50% of their PTO severance into the Retirement Health Care Savings Plan (M.S.R.S.) Holidays - Paid The City observes the following official holidays: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day January 1st Third Monday of January Third Monday of February Last Monday of May July 4th First Monday of September Effective as of December 1, 2011 Page 28 City of Corcoran Employee Handbook Veterans Day November 11th Thanksgiving Day Fourth Thursday of November Day after Thanksgiving Day after Thanksgiving Christmas Eve December 24th Christmas Day December 25th If a holiday falls on Sunday, the following Monday is a paid holiday, and if any such day falls on a Saturday, the preceding Friday is a paid holiday. This procedure is subject to yearly approval by the City Administrator or Director of Public Safety. Each holiday commences at the beginning of the first shift on the day on which the holiday occurs and continues for twenty -four (24) hours thereafter. Employees are eligible for holiday pay provided they remain on the active payroll beyond the date of the holiday and work their regularly scheduled day both before and after the holiday unless they have PTO scheduled and approved prior to the holiday. Regular full -time employees will be paid eight (8) hours holiday pay based on their regular rate of pay at the time of the holiday. Holiday pay for regular part -time employees working at least 30 hours per week will be pro- rated. Seasonal employees who are scheduled for 40 hours per week will receive eight (8) hours holiday pay provided they are scheduled to work the day before and after the holiday. Holiday hours count as hours worked for overtime purposes. When a holiday falls on a day that is scheduled as a partial work day, as is Friday during the summer, the day prior to the holiday will be shortened or other days in the week will be shortened, at the discretion of the department supervisor, so that the 8 hours of holiday pay does not result in overtime for the week. If called to work by the City Administrator, Director of Public Safety or immediate supervisor, employees shall have the option of including the holiday hours into their total for the week or taking a holiday at a later date. Funeral Leave - Paid Full -time employees may be excused from work with pay for up to three (3) days, or a maximum of twenty -four (24) hours, for each death in the immediate family. Part -time employees may be excused from work with pay for up to three (3) days based on the average number of hours worked per week. Additional leave time as outlined in the PTO policy may be taken for this purpose. All time used for this purpose must be approved by the City Administrator, Director of Public Safety, or their immediate supervisor. Voting Leave — Paid All employees eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, will be allowed time off with pay to vote during the morning of election day. Employees Effective as of December 1, 2011 Page 29 City of Corcoran Employee Handbook wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues. Military Leave - Paid City, State and Federal laws provide protections and benefits to City employees who are called to military service, whether in the reserves or on active duty. Such employees are entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time the employee is engaged in training or active service not exceeding a total of 15 days in any calendar year. The leave of absence is only in the event the employee returns to employment with the City as required upon being relieved from service, or is prevented from returning by physical or mental disability or other cause not the fault of the employee, or is required by the proper authority to continue in military or naval service beyond the fifteen (15) day paid leave of absence. Employees on extended unpaid military leave will receive fifteen (15) days paid leave of absence in each calendar year, not to exceed five years. Where possible, notice is to be provided to the City at least ten (10) working days in advance of the requested leave. If an employee has not yet used his /her fifteen (15) days of paid leave when called to active duty, any unused paid time will be allowed for the active duty time, prior to the unpaid leave of absence. Employees returning from military service will be reemployed in the job that they would have attained had they not been absent for military service and with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be considered hours worked for the purpose of vacation leave and sick leave accruals. Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen (15) days will follow the same procedures as for any employee on an unpaid leave of absence. Bone Marrow /Organ Donation Leave - Paid Employees working an average of twenty (20) or more hours per week may take paid leave, not to exceed forty (40) hours unless agreed to by the City, to undergo medical procedures to donate bone marrow or to donate an organ or partial organ to another person. The City may require a physician's verification of the purpose and length of the leave requested to donate bone marrow. Jury Duty - Paid Employers are not required to pay employees while on jury duty; however, Corcoran employees are eligible for jury duty leave for the time they serve on a jury. They are Effective as of December 1, 2011 Page 30 City of Corcoran Employee Handbook expected to provide their supervisor with a copy of the jury duty summons at least one week in advance. Employees will be paid their regular wage based on their normal work schedule while on jury duty. The jury duty benefit is paid for a maximum of two (2) weeks in any calendar year. Employees are expected to return to work any time they are released from jury duty during their regularly scheduled work hours. Jury duty up to eight hours per day will count as hours worked for overtime purposes. Jurors are allowed to keep any stipend or mileage provided for jury service. Court Appearances — Paid or Unpaid Employees will be paid their regular wage to testify in court for City related business. Any compensation received for court appearances (e.g. subpoena fees) arising out of or in connection with City employment, minus mileage reimbursement, must be turned over to the City. Should an employee be subpoenaed to appear in court as a witness, he /she must take PTO time unless the purpose of the court appearance is related to job duties. Leave Donation Policy - Paid The City will allow an employee to donate PTO and /or Extended Leave hours to a fellow employee who is experiencing a major life threatening disease or condition either themselves or a member of their immediate family. This donation shall be subject to the following terms and conditions: An employee will be eligible to receive donated PTO and /or Extended Leave hours only after they have exhausted all of their accumulated paid time off, extended leave bank hours, and compensatory time. No employee shall be allowed to receive more than forty (40) days of donated leave time for any single major life threatening disease or condition. • No employee may donate more than forty (40) hours per calendar year to a single fellow employee. This shall not be construed to prohibit donating forty (40) hours per year to another fellow employee. However, an employee donating leave time, may not fully deplete their leave time. They must retain at a minimum twenty -four (24) hours of leave time. • Donated time shall be at a minimum of two (2) hour increments, and shall be paid at the recipient's rate of pay. • An employee receiving Workers' Compensation benefits may not receive donated leave. • A written request to donate leave time must be made to the City Administrator or Director of Public Safety. Effective as of December 1, 2011 Page 31 City of Corcoran Employee Handbook In the event that the rate of pay between the donor and the recipient have an impact on the City's budget, the City Administrator or Director of Public Safety shall have the right to deny or set limitations on the donated leave. State Parental Leave Act - Unpaid The City of Corcoran is subject to Minnesota's Parental Leave Act, which applies to employers with twenty one (21) or more employees. See Minnesota Statutes sections 181.940 to 181.944. Eligibility requires employment "at least 12 consecutive months immediately preceding the request; and for an average number of hours per week equal to one -half the full - time equivalent position in the employee's job classification as defined by the employer's personnel policies or practices or pursuant to the provisions of a collective bargaining agreement, during those 12 months." The law provides for varying amounts of unpaid leave for qualifying reasons. See the City Administrator as soon as a need for a leave is identified and to find out if the leave is covered by the statute. Employees who work twenty (20) hours or more per week and have been employed more than one (1) year are entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed six (6) weeks, unless approved by the City. The leave must begin within six (6) weeks after the birth or adoption of the child except that in the case where the child must remain in the hospital longer than the mother, the leave may not begin more than six (6) weeks after the child leaves the hospital. Adoptive parents will be given the same opportunities for leave as biological parents. The leave must be for the purpose of arranging the child's placement or caring for the child after placement. Such leave must begin before or at the time of the child's placement in the adoptive home. Employees are not required to use PTO during Parenting Leave but may use PTO at their option. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain available to the employee and any dependents. The employer is not required to pay the costs of the insurance while the employee is on leave of absence. Coordination with Other Leave Provisions If an employee has eligibility for more than one type of leave, the leaves will run concurrently unless otherwise provided for in the applicable policy provisions, until eligibility for any of the leaves expire. FMLA — Family & Medical Leave FMLA provides up to 12 week's unpaid, job - protected leave to employees for certain family and medical reasons. Employees are eligible if they have worked for a covered Effective as of December 1, 2011 Page 32 City of Corcoran Employee Handbook employer for at least one year, and for 1,250 hours over the previous 12 months. For complete details on the use of this leave time contact the City Administrator. The following is a brief outline of the Act; it does not represent the Act in full. Reasons for Taking Leave • To care for the employee's child after birth, or placement for adoption or foster care. • To care for the employee's spouse, son or daughter, or parent, who has a serous health condition. • For a serious health condition that makes the employee unable to perform the employee's job. Advance Notice & Medical Certification The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable ". An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work. Job Benefits & Protection For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan ". Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. Enforcement The U.S. Department of Labor is authorized to investigate and resolve complaints of violations. An eligible employee may bring a civil action against an employer for violations. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State of local law or collective bargaining agreement which provides greater family or medical leave rights. Extended Leaves - Unpaid The City understands that employees may need time off for personal obligations and may provide an employee with unpaid time off in these situations, provided that all paid - time -off is first exhausted. If the leave qualifies under a mandatory leave law the employee may retain a balance of forty (40) hours when going on an unpaid leave. The types of leave may have varying effects on benefits. In certain situations, employees will be expected to use all remaining PTO or banked time during a leave of absence and /or arrange for continuation of insurance benefits. The City will provide employees with any leave of absence required by law, in accordance with provisions of the law. Any other request for leaves of absence, not Effective as of December 1, 2011 Page 33 City of Corcoran Employee Handbook legally required, will be reviewed against overall business needs and the City's ability to replace the employee during their absence, and will be approved on a case -by -case basis at the sole discretion of the City. For any leave of absence, an employee must request approval from the City Administrator or Director of Public safety as far in advance as possible. Failure to return from a leave within three days following the agreed upon return will be considered a voluntary termination. The City, at its discretion, grants unpaid leaves to regular employees under justifiable conditions. These justifiable conditions are medical and personal contingencies. Medical Contingencies - Prolonged illnesses, serious injury or care of an immediate family member. The City Council may approve a leave for a period not to exceed one (1) year. • Personal Contingencies - The City Council may approve a leave of up to one (1) year. All requests for and replies for unpaid leaves must be in written form and approved by the City Council. The City Administrator or Director of Public Safety may grant a leave request on an emergency basis with the continuation of leave approval required by the City Council. Leaves will be used only for those purposes for which they were granted. Leaves shall be granted only after an employee has exhausted all accumulated paid time off and extended leave bank for personal and medical contingencies. Following an approved leave the City will make every reasonable effort to reinstate the employee to a position within the same classification with the same hours and pay. Failure of an employee to report to work on the first scheduled working day, without reasonable cause, shall be considered cause for termination. Any pay received or benefits granted in excess of those set forth elsewhere in this manual shall be repaid by an employee not returning to work. For medical contingencies, the employee shall submit a physicians' written statement citing that the employee is unable to work because of medical contingencies and the projected date of return to work. No paid time off shall be earned by persons on an extended leave of longer than one (1) month. Employees on extended leave of longer than one (1) month will have the option of continuing City provided insurance at their own expense. Subject to the terms, condition and limitations of the applicable plans, health insurance benefits will be provided by the organization for Personal Leaves not exceeding thirty (30) days. Should the leave need to extend beyond 30 days, employees will be responsible for the full costs of these benefits if they wish to continue them. When the employee returns from an Unpaid Personal Leave, benefits will again be provided by the organization according to the applicable plan(s). Effective as of December 1, 2011 Page 34 City of Corcoran Employee Handbook The employee may be required to provide medical certification to support a request for leave because of the serious health condition of a child, spouse, parent or the employee. The form is to be completed by the attending physician or practitioner and submitted to the City Administrator, Director of Public Safety City Clerk, or HR Department within ten (10) days after requested, or as soon as is reasonably practicable. The City may require a second (or third) opinion at the City's expense. If required, the City will select a health care provider not regularly associated with the City. Recertification may be required if the employee requests an extension of the original length approved by the City or if the employee's circumstances change. Recertification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition. Fitness for Certification / Returning to Work after a Medical Absence After a medical absence, a physician's statement may be required on the employee's first day back to work, indicating the nature of the illness or medical condition and attesting to the employee's ability to return to work and safely perform the essential functions of the job with or without reasonable accommodation. Any work restrictions must be stated clearly on the return -to -work form. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision Military Family Leave - Unpaid In accordance with Minnesota Statutes 181.947, 181.948 and 192.325, the following military leave entitlements are available to an employee who has an immediate family member in the military service. Military Ceremonies, Family Training or Readiness Events & Reintegration Programs for Spouse, Parent or Child - This leave applies to immediate family members defined as an employee's spouse, parent or child. An employee shall be granted an unpaid leave to attend the following kinds of events relating to the military service of the employee's immediate family member: • Departure or return ceremonies for deploying or returning military personnel or units; • Family training or readiness events sponsored or conducted by the military; • Events held as part of official military reintegration programs. The unpaid leave may not exceed two (2) consecutive calendar days or six (6) days in a calendar year. An employee may substitute the appropriate paid leave if desired. Military Ceremonies for Extended Family Members - This leave applies to immediate family members defined as an employee's spouse, parent, child, grandparent, grandchild, sibling, legal guardian, fiance, or fiancee. Effective as of December 1, 2011 Page 35 City of Corcoran Employee Handbook An employee whose immediate family member, as a member of the US Armed Forces, has been ordered into active service in support of a war, or other national emergency, shall be granted an unpaid leave to attend a send -off or homecoming ceremony for the mobilized service member. Time off is limited to the actual time necessary for the employee to attend the ceremony, not to exceed one (1) unpaid day in any calendar year. An employee may substitute the appropriate paid leave if desired. The City may however, deny such leave if the leave would unduly disrupt the operations of the City. Family Member Injured /Killed in Active Service - This leave applies to immediate family members defined as an employee's spouse, parent, child, grandparent, or sibling. An employee shall be granted an unpaid leave for up to 10 work days, which is the equivalent of 80 hours for a full -time employee, and 40 hours for a part -time employee, for an immediate family member, who as a member of the US Armed Forces, has been injured or killed while engaged in active service. An employee may substitute the appropriate paid leave if desired. The request for any leave under this policy must be provided to the City Administrator, with a copy to the Department Director, as soon as practicable. The City will continue to pay its contribution towards the premiums for insurance benefits and an employee shall continue to accrue leave benefits during any portion of an approved unpaid leave under this policy for up to ten (10) work days, which is the equivalent of 80 hours for a full -time employee and 40 hours for a part -time employee. If a holiday falls during the time an employee is on an approved unpaid leave under this policy, the employee will not be paid for the holiday. Salary increases will not be affected by this type of leave. School Conference & Activities Leave - Unpaid As per M.S. 181.9412, employees are allowed up to sixteen (16) hours of unpaid leave during any twelve (12) month period to attend school conferences or classroom activities related to the employee's child. Provided the conferences or classroom activities cannot be scheduled during non -work hours. This leave also applies to attendance at conferences and activities for an employee's child who receives childcare services as defined in Section 256H.01, subdivision 2, or attends a pre- kindergarten regular or special education program. Election Judges — Unpaid An employee selected to serve as an election judge pursuant to Minnesota law, will be allowed time off without pay for purposes of serving as an election judge, provided that the employee gives the City at least twenty (20) days written notice. Light Duty /Modified Duty Assignment Effective as of December 1, 2011 Page 36 City of Corcoran Employee Handbook This policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties. Light duty is evaluated by the City Administrator or Director of Public Safety on a case - by -case basis. This policy does not guarantee assignment to light duty. Such assignments are for short -term, temporary disability -type purposes; assignment of light duty is at the discretion of the City Administrator or Director of Public Safety. The City Administrator or Director of Public Safety reserves the right to determine when and if light duty work will be assigned. When an employee is unable to perform the essential requirements of his /her job due to a temporary disability, he /she will notify the supervisor in writing as to the nature and extent of the disability and the reason why he /she is unable to perform the essential functions, duties, and requirements of the position. This notice must be accompanied by a physician's report containing a diagnosis, current treatment, and any work restrictions related to the temporary disability. The notice must include the expected time frame regarding return to work with no restrictions, meeting all essential requirements and functions of the City's job description along with a written request for light duty. Upon receipt of the written request, the supervisor is to forward a copy of the report to the City Administrator or Director of Public Safety. The City may require a medical exam conducted by a physician selected by the City to verify the diagnosis, current treatment, expected length of temporary disability, and work restrictions. It is at the discretion of the City Administrator or Director of Public Safety whether or not to assign light duty work to the employee. Although this policy is handled on a case -by- case basis, light duty will not generally be approved beyond six (6) months. If the City offers a light duty assignment to an employee who is out on worker's compensation leave, the employee may be subject to penalties if he /she refuses such work. The City will not, however, require an employee who is otherwise qualified for protection under the Family and Medical Leave Act to accept a light duty assignment. The circumstances of each disabled employee performing light duty work will be reviewed regularly. Any light duty /modified work assignment may be discontinued at any time Administrative Leave Under special circumstances, an employee may be placed on an administrative leave pending the outcome of an internal or external investigation. The leave may be paid or unpaid, depending on the circumstances, as determined by the City Administrator or Director of Public Safety with the approval of the City Council. Effective as of December 1, 2011 Page 37 City of Corcoran Employee Handbook TIME AT WORK Americans with Disabilities Our organization is committed to providing equal employment opportunities to otherwise qualified individuals with disabilities which may include providing reasonable accommodation where appropriate. In general, it is the employee's responsibility to notify the City Administrator of the need for an accommodation. Upon doing so, the Administrator may ask the employee for their input, the type of accommodation they believe may be necessary, or the functional limitations caused by the disability. Also, when appropriate, the City may need the employee's written permission to obtain additional information from their physician or other medical or rehabilitation professional. Any information obtained is kept separate in a confidential employee file. Bulletin Boards The City of Corcoran has established official bulletin boards as one means of communicating information they feel an employee should know. It is the responsibility of all employees to regularly check the bulletin board for current information. Personal information or materials not related to the organization may not be posted personally by employees, but rather they must give the document to the City Administrator who will determine whether to provide the necessary approval to post. Employees should check with their supervisors for the bulletin board location in their facility. Business Ethics The successful business operation and reputation of the City is built on the principles of fair dealings and ethical conduct of our employees. Our reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity. The City of Corcoran will comply with all applicable laws and regulations and expects its managers and employees to conduct business in accordance with the letter, spirit, and intent of all laws and to refrain from any illegal, dishonest or unethical conduct. The use of good judgment based on high ethical principles will guide employees with respect to lines of acceptable conduct. Compliance in this area is the responsibility of every employee. Employees should discuss any situations that arise which do not meet Effective as of December 1, 2011 Page 38 City of Corcoran Employee Handbook this code of ethics with their supervisor, the City Administrator or any other member of management. Failure to meet or comply with this code of ethics will lead to corrective action, up to and including termination of employment. City Property Some employees will be provided with various items of City property and equipment that they need to perform their job, including vehicles, computers, software, cellular telephones, keys, credit cards, etc. Employees are responsible for using such property and equipment for its intended business purposes. If any such property appears to be damaged, defective or in need of repair, employees are to promptly report this to their supervisor. The improper, careless, negligent, destructive or unsafe use of City property can result in 1) the employee's need to personally replace the property or 2) corrective action, up to and including termination of employment. Upon termination of employment, employees will be required to account for and surrender all City property and equipment he /she has been provided. Failure to do so would result in the City taking legal action to obtain the return of its property. City Credit Card The City Council may authorize the use of a credit card by the City Administrator, Director of Public Safety, Public Works Superintendent or employee otherwise authorized to make a purchase on behalf of the City. A purchase by credit card must comply with all statutes, rules, and City policies applicable to City purchases. If a City employee or officer makes or directs a purchase by credit card for a purpose that is not authorized by the Council, the officer or employee is personally liable for the amount of the purchase. Budgeted expenditures are presumed to be authorized. Unbudgeted expenditures require prior authorization. Claims presented to the City for payment must be in writing and itemized. Bills from credit card companies may not contain the detail necessary to satisfy these requirements; therefore, cities must retain actual invoices and receipts for all items charged to a credit card. Credit card use must also comply with laws concerning City borrowing. City and Personal Cell Phone Use Cellular telephones are intended for the use of City employees in the conduct of their work for the City. Supervisors are responsible for the cellular telephones assigned to their employees and will exercise discretion in their use. Nothing in this policy will limit supervisor discretion to allow reasonable and prudent personal use of such telephones or equipment provided that: • Its use in no way limits the conduct of work of the employee or other employees; • No personal profit is gained or outside employment is served. Effective as of December 1, 2011 Page 39 City of Corcoran Employee Handbook A supervisor may authorize an employee to use his /her own personal phone for City business and be reimbursed by the City for those calls. An employee will not be reimbursed for business related calls without prior authorization from his /her supervisor. Supervisors may also prohibit employees from carrying their own personal cell phones during working hours if it interferes with the performance of their job duties. Use of public resources by City employees for personal gain and /or private use including, but not limited to, outside employment or political campaign purposes, is prohibited and subject to disciplinary action which may include termination and /or criminal prosecution, depending on the circumstances. Incidental and occasional personal use may be permitted with the consent of the supervisor. Employees should practice discretion when making personal calls. All calls should be kept to a minimum and made during a rest or meal break. The organization will make every attempt to notify an employee in the event of an emergency. Personal long distance calls should be made only with personal calling cards and /or personal cellular phones. Employees should not use any of the organization's phones for personal long- distance calls. Use of personal cellular phones should be kept to a minimum during working hours. Cellular phones should be turned off, placed on a vibrating ring mode, or placed at a low volume when working around others. Employees issued a cell phone for business use or who use a personal cell phone for conducting business, should refrain from using it while driving a motor vehicle. Safety should always come before all other concerns. Regardless of the circumstances, including slow or stopped traffic, employees should safely park the vehicle before placing or accepting a call. Electronic Communications The City of Corcoran provides employees with access to, and use of, a variety of electronic communications resources. These resources are provided to employees in an effort to allow them to be more efficient, productive and have access to information that is necessary for them to carry out their responsibilities as an employee of the City. Use of the City's electronic communications resources in violation of the electronic communications resources ordinance may lead to discipline, up to and including termination of employment. Use of these resources is governed by Chapter 33 of the City Municipal Code. By using any of the City's electronic and technological equipment, an employee is voluntarily consenting to being monitored, and voluntarily authorizing the organization to inspect, monitor, and access all information or communications he /she has made with that equipment. The organization must reserve the right to monitor and access any and all communications made through its equipment, and the contents of any company computer, as needed for compliance with policies and for any other business reason. Effective as of December 1, 2011 Page 40 City of Corcoran Employee Handbook E -mail is not a private communication system. Improper use of the e-mail system could expose employees to personal liability as well as corrective action. It is important to note that e-mail may be recovered as evidence in legal proceedings. Employees should be aware that even though a message may be deleted from the e -mail system, a record of it may remain on the computer system. Internet access is provided to those who need it for their job duties. Internet use must be limited to job - related duties accessing trusted sites and content. The use of chat rooms, blogs and the like via the Internet on the City's computers or during the employee's work time is strictly prohibited. Downloading from the Internet (other than by authorized personnel for legitimate business reasons) is restricted as other programs, software, graphics or pictures may carry computer viruses or may violate the organization's license agreement. Electronic and technological communications are not to be used in ways that may be disruptive, offensive or harmful to others or in ways that conflict with any of the City's policies, including Equal Employment, Harassment & Offensive Behavior, and Security policies. Violation of these policies will lead to corrective action up to and including termination. E -mail is not to be used to send jokes or other comments that may be discriminatory, harassing or offensive to others, or to send material that defames an individual, company, or business, etc. It is not the City's practice or intent to eavesdrop on private communications or data. However, the organization must protect its legitimate business interests and remind employees that the equipment and services available in the workplace are to be used to support its legitimate business interests. Social Networking The purpose of this policy is to give employees guidance regarding certain content for personal websites, social media or networking websites, web pages and other electronically transmitted or hard copied material with respect to the use of the City's department's images, material, logos, or any reference to official department activities, training or investigations. All employees must avoid any conduct which would compromise our integrity and undermine the public confidence in our City. "Social Networking Site ": Means any Internet -based website where members of that site can electronically gather to share personal profiles along with other information and photos with other members. "Privacy ": Corcoran employees should understand that information posted on social networking sites is not secure or private. Any member of the public may view the information. Employees should be aware that the content of social networking sites can be subpoenaed and used in criminal and civil trials to impeach the employee's testimony. Effective as of December 1, 2011 Page 41 City of Corcoran Employee Handbook "Liability ": Due to the nature of their employment with the City, employees are held to a higher standard. As a result, postings on social networking sites could prove detrimental in civil and criminal proceedings. Specific Prohibitions • Employees are prohibited from posting, transmitting and /or disseminating any photographs, video or audio recordings, likenesses, or images of the City's Department logos, emblems, patches, badges, uniforms, vehicles, equipment or any other material that specifically identifies the department on any personal website, social media or networking website, web pages and other electronically transmitted or hard copied material without the express written permission of the Director of Public Safety or City Administrator. Employees are prohibited from posting, transmitting and /or disseminating any photographs, video, wording or content that is unethical, slanderous, derogatory or is likely to adversely affect the discipline, good order or reputation of the departments, or that tends to compromise the integrity of the City or co- workers on any personal website, social media or networking website, web pages and other electronically transmitted or hard copied material. • Employees are prohibited from posting, transmitting and /or disseminating any pictures, videos or materials of official City training, activities or work - related assignments without the express written permission of the Director of Public Safety or City Administrator. • Employees are prohibited from posting, transmitting and /or disseminating any pictures, videos, wording or content related to any past or present investigation conducted by the police department. • Employees are encouraged to thoroughly review the City's Policy on Internet, Electronic Mail System and On -line Services for procedures and guidelines on the use of the computer system. • Employees should not post any wording and /or transmit or disseminate any pictures, videos, or audio recordings on any personal website, social media or networking website, or web page while on duty, unless it is part of their duties to do so. Employee Appearance Each employee represents the City to its customers, the public and co- workers. Business casual attire is acceptable which includes dress slacks, corduroys and jeans. Some jobs may require a uniform. Employees are expected to present a clean, neat and professional appearance at all times. Depending on the season, it is likely that many employees will spend time outside and need to be prepared to work in unexpected inclement weather — hot, cold, wet or windy conditions. The organization encourages employees to wear appropriate clothing Effective as of December 1, 2011 Page 42 City of Corcoran Employee Handbook including hats, gloves, waterproof footwear and layers of clothing for comfort. Boots or shoes that are comfortable and provide support are recommended. The City provides uniforms for public works employees. City uniforms must be worn at all times while working. The City provides cleaning services to maintain the uniforms. Employees are ultimately responsible for their uniform. Public works employees are eligible for reimbursable expenses per calendar year, upon proof of receipt of purchase, for the cost of safety shoes. Safety shoes will be worn at all times while at work. The City Administrator and the Public Works Supervisor set the reimbursement dollar amount. Uniform allowance will be paid by separate check directly to the Public Safety employee during the first available payroll cycle in February of each year. This amount will be repaid by the employee on a pro rated basis for the employee who separates employment during the course of the calendar year. Assigning and Scheduling Work Assignment of work duties and scheduling work is the responsibility of the supervisor subject to the approval of the City Administrator or Director of Public Safety. Data Practice Advisory / Personnel Files Records of each employee are kept on file in the City Administrators office. These include such things as the employee's application materials, dates of hire and promotion, salary history, performance evaluations, copies of certifications, commendations, reprimands, and other job - related documents. A separate file will be maintained for confidential materials including, but not limited to, drug test results. Employees may inspect the contents of the personnel file upon request, unless state or federal law prohibits access. Materials in an employee's personnel file may be released to others in accordance with the provisions of the Minnesota Government Data Practices Act, other applicable state and federal laws, and applicable court decisions. Employees are obligated to inform the City Administrator or designated records administrator of dependent, marital status, address, or telephone number changes as well as revocation of driver's license — if they are required to drive on City business. Employees may review their personnel records within 7 working days of their written request to the City Administrator. Review of the original file or copy is available during working hours with a designated City representative present. Media Information Formal news releases concerning municipal affairs are the responsibility of the City Administrator, Director of Public Safety, or the Mayor. All media interviews must be approved by the City Administrator, Director of Public Safety, or the Mayor before the Effective as of December 1, 2011 Page 43 City of Corcoran Employee Handbook interview. All contacts with the media should be reported to the City Administrator, Director of Public Safety, or Mayor as soon as practicable. No City employee is authorized to speak on behalf of the City without prior authorization from the City Administrator, Director of Public Safety, the Mayor or his /her designee. All news releases concerning City personnel will be the responsibility of the City Administrator or the Director of Public Safety. Employment of Relatives The employment of relatives is permitted, except in situations where a person would be under the supervision of a relative or in a situation where influence could be exerted, directly or indirectly, on future decisions concerning the status of employment, promotion or compensation. "Relative" is defined as a spouse, parent, child, sibling or any of these relationships by marriage. Expense & Travel Reimbursement All business expenses and /or travel must be pre- approved by the employee's supervisor. The City reimburses employees for reasonable expenses that were incurred while conducting business on behalf of the organization. Such expenses include transportation, meals and lodging. Employees must complete an expense report with the original receipts or other documentation attached in order to be reimbursed. Performance Reviews An objective performance review system will be established by the City Administrator, Director of Public Safety or designee for the purpose of periodically evaluating the performance of City employees. The quality of an employee's past performance will be considered in personnel decisions such as promotions, transfers, demotions, terminations and, where applicable, salary adjustments. Performance reviews will be discussed with the employee. Employees do not have the right to change or grieve their performance review, but may submit a written response which will be attached to the performance review. Performance reviews are to be scheduled on a regular basis, at least annually. The form, with all required signatures, will be retained as part of the employee's personnel file. During the training period, informal performance meetings should occur frequently between the supervisor and the employee. Signing of the performance review document by the employee acknowledges the review has been discussed with the supervisor and does not necessarily constitute agreement. Failure to sign the document by the employee will not delay processing. Effective as of December 1, 2011 Page 44 City of Corcoran Employee Handbook The City Administrator and Director of Public Service shall be reviewed on an annual basis during the month of October. Reviews will be conducted at the discretion of the City Council. Personal Conduct The efficiency and productivity of the organization requires that every employee maintains discipline and proper standards of conduct at all times. This is necessary to protect the health and safety of everyone in the workplace, to meet our customers' needs, to protect property and to maintain a climate of cooperation among employees. Therefore, employees are expected to conduct themselves in a professional, ethical and productive manner while at work, and to maintain an awareness of the rights of others, a respect for the people they work with and for, and a commitment to the organization's values, mission statement, goals and policies. It is extremely important that contact with the public be professional and courteous. Treat all inquiries as if an employee were on the receiving end of the information or assistance. Just as the City Council believes every City employee is an important individual, it is important that the individual rights of citizens should be respected. It is essential that every citizen and fellow employee be treated with dignity and consideration. No abusive or foul language will be tolerated. Obviously, it is impossible to anticipate every situation that might occur. The organization reserves the right to respond to any performance or behavior which, in its judgment, compromises the safety or well -being of any individual in the workplace, diminishes good order, discipline and morale, or detracts from the City's overall goals. If the City's expectations about conduct are unclear, employees should talk to their supervisor or the City Administrator. The City recognizes that its employees retain their First Amendment rights to speak as citizens on matters of public concern relating to the City and its operations. As such, City employees have the right to express their views and to pursue legitimate involvement in the political system. However, employees must recognize that these rights are balanced by the City's interest in providing efficient public service. Accordingly, an employee may be disciplined for publicly criticizing the operations or personnel of the City where an employee is speaking in an employee position as a City employee and /or where such speech primarily relates to the City's internal administrative matters and is not a matter of public concern. An employee may also be disciplined for public criticisms which have the effect of disrupting the efficiency of the City as a workplace. Solicitation & Distribution Solicitation and /or distribution of literature by employees is prohibited on City premises when any of the individuals involved are supposed to be working or at any time in working areas of the building or in any location where customers or the public are Effective as of December 1, 2011 Page 45 City of Corcoran Employee Handbook present. Failure to comply could result in corrective action, up to and including termination. We encourage employees who wish to solicit financial or other support from their fellow workers for any cause, charitable, political, etc., to do so off the organization's premises during non - working hours. Likewise, any such solicitations should not be conducted on customers' premises nor should they cause individuals to feel uncomfortable or compelled to participate in the activity being solicited. City Driving Policy This policy applies to all employees who drive a vehicle on City business at least once per month, whether driving a City owned vehicle or their own personal vehicle. It also applies to employees who drive less frequently but whose ability to drive is essential to their job due to the emergency nature of the job. The City expects all employees who are required to drive as part of their job to drive safely and legally while on City business and to maintain a good driving record. The City will examine driving records once per year for all employees who are covered by this policy to determine compliance with this policy. Employees who lose their driver's license or receive restrictions on their license are required to notify their immediate supervisor on the first work day after any temporary, pending or permanent action is taken on their license and to keep their supervisor informed of any changes thereafter. The City will determine appropriate action on a case -by -case basis. The intent of this policy is to provide clear direction on authorized use of municipal vehicles and also to comply with Minnesota Statute § 471.666 (Personal Use of Publicly -Owned Vehicles Prohibited). Overall, City vehicles generally fall into four (4) categories: 1. Unmarked public safety vehicles; 2. Staff cars, vans, and trucks marked with City emblem or City and Department emblems; 3. Squad cars; 4. Public Works and Parks Maintenance trucks and equipment. The following rules shall apply as indicated: Certain designated City employees are authorized take home vehicles based on demonstrated need to respond to emergencies outside of their normal scheduled work hours. The City Council, with the advice of the City Administrator and Director of Public Safety will approve all ongoing take home vehicle assignments. Effective as of December 1, 2011 Page 46 City of Corcoran Employee Handbook Use of take home vehicles for driving to and from work or work related meetings or training on off duty hours is permitted. Police employees with take home vehicles must have sufficient equipment in the vehicle to respond to a call whenever their vehicles are used. Marked vehicles will not be taken out of the City limits for non - business purposes. Marked police squad cars and marked fire vehicles may not be used for non -work related reasons outside of working hours with the exception of driving to and from work - related activities or as approved by the Director of Public Safety. Employees may not use City vehicles to travel outside of the metro area unless approved by the City Administrator or Director of Public Safety in a work - related emergency situation with one exception: approval for job - related meetings and /or training outside the metro area, within the State, does not require City Administrator or Director of Public Safety approval. Incidental personal use, determined to be appropriate by the department head, during the workday (or for take home vehicles on the way to and from work) is permitted on a limited basis. Limited personal errands, including going to lunch during an authorized lunch break, is permitted if in close proximity to the work site as long as such personal use does not substantially alter the employee's scheduled work activities or route to or from a work site, and does not violate other existing departmental or City policies or rules. The Director of Public Safety and the Public Works Superintendent, by the nature of their assigned duties and responsibilities as to the public safety of the community, are generally expected to be "on call" and available at all times and all days. A City vehicle is to be regarded as a tool that is available for their immediate use in a public safety response during the above stated times. To facilitate this availability, they are required to drive the assigned City vehicle to and from their place of residence. Use of a city vehicle by the Director of Public Safety and the Public Works Superintendent while not actively working on City business shall be consistent with provisions as stated above. Any exceptions to this policy must be approved by the City Administrator, Director of Public Safety and /or the City Council. Reimbursement for any personal use of a City vehicle not consistent with these policies and rules will be required. Violations of this policy could result in discipline. All vehicles assigned to licensed Police Officers and Investigators are exempt from these provisions. Minimum personal use is allowed. Effective as of December 1, 2011 Page 47 City of Corcoran Employee Handbook RESPECTFUL WORKPLACE The intent of this policy is to provide general guidelines about the conduct that is and is not appropriate in the workplace. The City acknowledges that this policy cannot possibly predict all situations that might arise, and also recognizes that some employees are exposed to disrespectful behavior, and even violence, by the very nature of their jobs. The City of Corcoran is committed to providing a workplace that is free of discrimination, illegal harassment and offensive behavior. All employees are expected to treat their customers, co- workers, subordinates and supervisors with respect at all times. In accordance with this commitment, the City of Corcoran prohibits harassment of one employee by another employee, supervisor, or a third party for any reason including, but not limited to: race, color, religion, sex, age, national origin, disability, veteran /military status, marital status, and sexual orientation, status with regard to public assistance, or membership or activity in a local human rights commission or any other legally protected characteristic. Maintaining a respectful work environment is a shared responsibility. This policy is applicable to all City personnel including regular and temporary employees, volunteers, firefighters, and City Council members. Harassment & Offensive Behavior Harassment includes, but is not limited to: offensive, abusive, or degrading comments or other verbal behavior, slurs, epithets, threats, derogatory comments, unwelcome jokes and teasing as well as written or pictorial materials. It also includes behavior that is personally offensive, impairs morale, and interferes with work effectiveness. Sexual harassment is a specific type of harassment and a violation of the law. It is a violation of this policy for an employee or any other person associated with the City to sexually harass any employee or any other person affiliated with the organization. It includes unwelcome sexual behavior by either males or females toward either males or females. Effective as of December 1, 2011 Page 48 City of Corcoran Employee Handbook Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, verbal or physical conduct or communication where: submission to the conduct or communication is made, either explicitly or implicitly, a term or condition of employment; submission to or rejection of the conduct or communication by an individual is used as a factor in decisions impacting that individual's employment; The conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creates a hostile, intimidating or offensive work environment. No individual will be denied nor receive special employment opportunities based on going along with or rejecting sexual advances or other conduct of a sexual nature contrary to this policy. Any individual who believes he or she has experienced or observed hostile or offensive behavior contrary to this policy should feel free to object to the behavior. He /she is expected to report the displayed behavior to his /her supervisor, the City Administrator, Director of Public Safety or Mayor. All such reports of action contrary to this policy will be taken seriously and investigated promptly and in as confidential a manner as possible. Individuals found to have violated the City of Corcoran's harassment & offensive behavior policy will be subject to corrective action, up to and including termination of employment. No individual shall be retaliated against for making a good faith report of behavior contrary to this policy. Every employee of the City is to support this commitment to a workplace free from harassment and offensive behavior by conducting him /herself in a manner that is consistent with the intent and spirit of this policy. The following types of behaviors cause a disruption in the workplace and are, in many instances, unlawful: Abusive Customer Behavior: While the City has a strong commitment to customer service, the City does not expect that employees accept verbal abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive, or they may defuse the situation themselves, including ending the contact. If there is a concern over the possibility of physical violence, a supervisor should be contacted immediately. When extreme conditions dictate, 911 may be called. Employees should leave the area immediately when violence is imminent unless their duties require them to remain. Employees must notify their supervisor about the incident as soon as possible. • Discriminatory Behavior includes inappropriate remarks about or conduct related to a person's race, color, creed, religion, national origin, disability, sex, marital status, age, sexual orientation, or status with regard to public assistance. Effective as of December 1, 2011 Page 49 City of Corcoran Employee Handbook Offensive Behavior may include such actions as: rudeness, angry outbursts, inappropriate humor, vulgar obscenities, name calling, disrespectful language, or any other behavior regarded as offensive to a reasonable person. It is not possible to anticipate in this policy every example of offensive behavior. Accordingly, employees are encouraged to discuss with their fellow employees and supervisor what is regarded as offensive, taking into account the sensibilities of employees and the possibility of public reaction. Although the standard for how employees treat each other and the general public will be the same throughout the City, there may be differences between work groups about what is appropriate in other circumstances unique to a work group. If an employee is unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor, the City Administrator or Director of Public Safety. Employee Response to Disrespectful Workplace Behavior If the behavior is believed to be of a criminal nature, it shall be reported directly to law enforcement as soon as possible. Employees who believe that disrespectful behavior is occurring are encouraged to deal with the situation in one of the ways listed below. However, if the allegations involve violent behavior, sexual harassment, or discriminatory behavior, then the employee is responsible for taking one of the actions below. If employees see or overhear a violation of this policy, they are encouraged to follow the steps below. Ste 1 (a). Politely, but firmly, tell whoever is engaging in the disrespectful behavior how you feel about their actions. Politely request the person to stop the behavior because you feel intimidated, offended, or uncomfortable. If practical, bring a witness with you for this discussion. Ste 1 (b). If you fear adverse consequences could result from telling the offender or if the matter is not resolved by direct contact, go to your supervisor or City Administrator or Director of Public Safety. Ste 1 (c). In the case of violent behavior, all employees are required to report the incident immediately to their supervisor, City Administrator or Director of Public Safety. Any employee who observes sexual harassment or discriminatory behavior, or receives any reliable information about such conduct, must report it within two (2) business days to a supervisor, the City Administrator or Director of Public Safety. Step 2. If, after what is considered to be a reasonable length of time (for example, 30 days), you believe inadequate action is being taken to resolve your complaint /concern, the next step is to report the incident to the City Administrator, Director of Public Safety or the Mayor so long as that person is different from the one to which the original complaint /concern was reported. Supervisor's Response to Allegations of Disrespectful Workplace Behavior Effective as of December 1, 2011 Page 50 City of Corcoran Employee Handbook Employees who have a complaint of disrespectful workplace behavior will be taken seriously. In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations within two (2) business days to the City Administrator or Director of Public Safety, who will determine whether an investigation is warranted. A supervisor must act upon such a report even if requested otherwise by the victim. In situations other than sexual harassment and discriminatory behavior, supervisors will use the following guidelines when an allegation is reported: Step 1. If the nature of the allegations and the wishes of the victim warrant a simple intervention, the supervisor may choose to handle the matter informally. The supervisor may conduct a coaching session with the offender, explaining the impact of his /her actions and requiring that the conduct not reoccur. This approach is particularly appropriate when there is some ambiguity about whether the conduct was disrespectful. Step 2. If a formal investigation is warranted, the individual alleging a violation of this policy will be interviewed to discuss the nature of the allegations. The person being interviewed may have someone of his /her own choosing present during the interview. The investigator will obtain the following description of the incident, including date, time and place: • Corroborating evidence. • A list of witnesses. • Identification of the offender Step 3. The supervisor must notify the City Administrator or Director of Public Safety about the allegations. Step 4. As soon as practical after receiving the written or verbal complaint, the alleged policy violator will be informed of the allegations. The alleged violator will have the opportunity to answer questions and respond to the allegations. Step 5. After adequate investigation and consultation with the appropriate personnel, a decision will be made regarding whether or not disciplinary action will be taken. Step 6. The alleged violator and complainant will be advised of the findings and conclusions as soon as practicable. Special Reporting Requirements When the supervisor is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the City Administrator or Director of Public Safety who will assume the responsibility for investigation and discipline. Effective as of December 1, 2011 Page 51 City of Corcoran Employee Handbook If the City Administrator or Director of Public Safety is perceived to be the cause of a disrespectful workplace behavior incident, a report will be made to the City Attorney who will confer with the Mayor and City Council regarding appropriate investigation and action. If a Council Member is perceived to be the cause of a disrespectful workplace behavior incident involving City personnel, the report will be made to the City Administrator or Director of Public Safety and referred to the City Attorney who will undertake the necessary investigation. The City Attorney will report his /her findings to the City Council, which will take the action it deems appropriate. Pending completion of the investigation, the City Administrator or Director of Public Safety may at his /her discretion take appropriate action to protect the alleged victim, other employees, or citizens. Confidentiality A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. The person's name and statements may have to be provided to the alleged offender. All complaints and investigative materials will be contained in a file separate from the involved employees' personnel files. If disciplinary action does result from the investigation, the results of the disciplinary action will then become a part of the employee(s) personnel file(s). Retaliation Consistent with the terms of applicable statutes and City personnel policies the City may discipline any individual who retaliates against any person who reports alleged violations of this policy. The City may also discipline any individual who retaliates against any participant in an investigation, proceeding or hearing relating to the report of alleged violations. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment. Effective as of December 1, 2011 Page 52 City of Corcoran Employee Handbook SAFETY IN THE WORKPLACE The City of Corcoran has an excellent safety record and we can be satisfied with nothing less than an accident free environment. An employee's careful observance of the rules and regulations of the City is an important contribution to the task of providing the safest possible working conditions for all concerned. All City employees are required to become familiar with the safety regulations and requirements in effect within their department. They shall guard their own safety and that of their co- workers. Employees are required to follow these general safety rules: • Any illness or injury, no matter how slight, must be reported to the supervisor or manager. Employees should never attempt to treat their own or another employee's injury unless they have received formal first aid training. • Any activity that may result in injuring an employee will not be tolerated (including horseplay). • Employees are responsible for using any ergonomic equipment provided by the organization. • Illegal drugs or alcohol will not be permitted on any work site at any time. • Employees should always lift objects using the proper lifting techniques. • Employees should only use tools that are in good working order. They should never use tools that are defective in any way. • Employees are responsible to keep their work areas clean at all times. Any employee, who violates safety standards, causes hazardous or dangerous situations or fails to report or remedy such situations, will be subject to corrective action, up to and including termination of employment. Physical Qualifications of Employees All persons employed shall be physically qualified for performing the essential duties to which they are assigned. Some factors to be considered in making work assignments Effective as of December 1, 2011 Page 53 City of Corcoran Employee Handbook are strength, endurance, agility, coordination, and visual and hearing acuity. Reasonable accommodations shall be made as required by and in accordance with the Americans with Disabilities Act ( "ADA ") and /or the Minnesota Human Rights Act ( "M H RA"). No person shall be permitted or required to work while his or her ability or alertness is impaired by fatigue, illness or other causes to an extent that might unnecessarily expose the person or others to personal injury or to property damage. Employees will report to their supervisor the use of physician prescribed or over the counter medications that might affect performance or safety. If the employee's abilities are impaired because of the use of prescription drugs, the department supervisor shall assign the employee duties that will not endanger the public or the employee. If the supervisor is unable to assign the employee duties that will not endanger the public or the employee, the employee shall be sent home on sick, unpaid or other appropriate leave time. No part of this section may be used to discriminate on the basis of disability, as defined by the ADA and /or the MHRA. Instruction & Training Employees shall be provided initial orientation by their supervisor and will be provided such continuing instruction as will enable them to conduct their work in a safe manner. Employees are encouraged to attend training seminars on safety and equipment operation, subject to the Training Policy defined in this Handbook. Initial orientation shall include instruction in safety practices, reporting of all accidents, and individual responsibility for accident free operations. All persons who are required to use protective devices and /or equipment shall be properly instructed and trained in the use of such devices and equipment. All persons required to handle flammable or other dangerous materials shall be fully instructed in the safe handling and use of such materials. All persons required to work in areas where insects, rodents, poisonous plants or other natural hazards might be encountered shall be instructed regarding potential hazards, first aid procedures, proper identification and personal protective measures. Reporting Accidents and Illnesses Both Minnesota Worker's Compensation laws and the state and federal Occupational Safety and Health Acts require that all on the job injuries and illnesses be reported as soon as possible by the employee, or on behalf of the injured or ill employee, to his /her supervisor. The employee's immediate supervisor is required to complete a First Report of Injury and any other forms that may be necessary related to an injury or illness on and off the job. Effective as of December 1, 2011 Page 54 City of Corcoran Employee Handbook All accidents. no matter how minor, must be reported immediatelv to the supervisor or the City Administrator. Lack of notification could affect the employee's workers compensation benefits. Safety Equipment / Gear Employees are responsible for reporting all unsafe vehicles, equipment, tools or working conditions to their immediate supervisor. A supervisor shall not knowingly assign unsafe vehicles, equipment or tools, and shall be responsible for reporting any conditions to the City Administrator or Director of Public Safety. Where safety equipment is required by federal, state, or local rules and regulations, it is a condition of employment that such equipment be worn by the employee. Security All individuals must adhere to any and all security measures and /or guidelines of the facility they are working in. This includes following any security guidelines that are established. Desks, lockers and other storage devices may be provided for the convenience of employees, but remain the sole property of the City of Corcoran. Accordingly, any agent or representative of the City may inspect them or any articles found within them at any time, with or without prior notice. In addition, the City will not tolerate theft or unauthorized possession of the property of employees, the City, visitors and customers and therefore, may also inspect persons entering and /or leaving the facility, packages or other belongings. Employees who wish to avoid any such inspection should not bring such items onto the premises. Employees may need keys or codes to enter a facility. It is extremely important that these be kept only in the employee's possession — not anyone else's. If an employee works after hours, he /she should take any safety /security precautions available. Employees should see their supervisor for more information. Unsafe Behavior Employees are responsible for reporting unsafe acts such as equipment abuse, careless operation or horseplay on the job to the City Administrator, Public Safety Director, or their supervisor. Supervisors are authorized to send an employee home immediately when the employee's behavior violates the City's personnel policies, department policies, or creates a potential health or safety issue for the employee or others. Effective as of December 1, 2011 Page 55 City of Corcoran Employee Handbook Possession and Use of Dangerous Weapons Possession or use of a dangerous weapon (see attached definitions) is prohibited on City property, in City vehicles, or in any personal vehicle, which is being used for City business. This includes employees with valid permits to carry firearms. The following exceptions to the dangerous weapons prohibition are as follows: • Employees legally in possession of a firearm for which the employee holds a valid permit, if required, and said firearm is secured within an attended personal vehicle or concealed from view within a locked unattended personal vehicle while that person is working on City property. • A person who is showing or transferring the weapon or firearm to a police officer as part of an investigation. Police officers and employees who are in possession of a weapon or firearm in the scope of their official duties. • Firearms used in conjunction with a firearms safety course or test. Drugs & Alcohol It is the policy of the City of Corcoran to maintain a workplace that is free from the health and safety - related consequences of drug and alcohol use and abuse. In accordance with Federal Law, the City of Corcoran has adopted the following policy on drugs in the workplace: • Employees are expected and required to report to work on time and in appropriate mental and physical condition to perform their jobs. It is the City's intent and obligation to provide a drug -free, safe and secure work environment. • The unlawful manufacture, distribution, possession, or use of a controlled substance on City property or while conducting City business is absolutely prohibited. Violations of this policy will result in disciplinary action, up to and including termination, and may have criminal or civil legal consequences. • The City recognizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use their health insurance plans, as appropriate. • Employees must, as a condition of employment, abide by the terms of this policy and must report any conviction under a criminal drug statute for violations occurring on or off work premises while conducting City business. A report of the conviction must be made within five (5) days after the conviction as required by the Drug -Free Workplace Act of 1988. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace. Employees must notify their supervisor or the City Administrator of the use of prescribed drugs or other substances that may affect their ability to perform their job. Effective as of December 1, 2011 Page 56 City of Corcoran Employee Handbook Employees must also notify their supervisor or the City Administrator if they observe any violation of this policy. Failure to comply with any part of this policy may result in corrective action up to and including termination. Drug Testing The City has established a drug and alcohol testing policy as mandated by the Omnibus Transportation Employee Testing Act. The City Administrator or Director of Public Safety will provide further information to the select employees subject to the provisions of this policy. Any questions about drug and alcohol testing should be directed to the City Administrator or Director of Public Safety. Tobacco -Free Environment Because the City of Corcoran wants to provide employees with a safe and healthy work environment, employees are encouraged to be tobacco -free. Smoking is not permitted inside any facility. Employees must use all tobacco products outside the building and are responsible to keep the area outside the building free of cigarette butts and other debris. In addition, employees must follow the smoking policy of customers when working on their premises. Vehicles All employees using the City of Corcoran's vehicles are expected to use and maintain the vehicles in a conservative, non - wasteful manner. If any vehicle is to be repaired, it is a requirement to seek the immediate supervisor's approval before any work is done. Vehicles are expected to be kept clean and orderly. When driving company vehicles, employees are expected to drive in a careful, courteous manner and must wear their seat belts. A clean driving record is expected and will be verified prior to receiving permission to drive a company vehicle and annually thereafter. Traffic violations must be reported immediately to the employee's supervisor. Any such violations incurred while driving City vehicles are the responsibility of the employee. No company vehicle may be operated unless the supervisor approves such operation. If an accident takes place, insurance, accident, and registration forms are located in the glove box. The preliminary accident reporting form should be completed at the accident site and the immediate supervisor or another member of management notified. All accidents should be reported immediately and the employee should not make any statements regarding the accident. Effective as of December 1, 2011 Page 57 City of Corcoran Employee Handbook Employee Right -to -Know The Employee Right -to -Know Act is intended to ensure that employees are aware of the dangers associated with hazardous substances, harmful physical agents or infectious agents (in hospitals and clinics) they may be exposed to in their work places. The Act requires employers to evaluate their work places for the presence of hazardous substances, harmful physical agents, and infectious agents, and to provide training to employees concerning those substances or agents to which employees may be exposed. Written information on hazardous substances, harmful physical agents or infectious agents must be readily accessible to employees or their representatives. Employees have a conditional right to refuse to work under imminent danger conditions, or if the required information and training are not provided by the employer. Labeling requirements for containers of hazardous substances and equipment or work areas that generate harmful physical agents are also included in the Act. DISCIPLINE POLICY The City Administrator, Director of Public Safety and supervisors are responsible for maintaining compliance with City standards of employee conduct. City employees will be subject to disciplinary action for failure to fulfill their duties and responsibilities at the level required, including observance of work rules and standards of conduct and applicable City policies. Discipline will be administered in a non - discriminatory manner. An employee who believes that discipline applied was either unjust or disproportionate to the offense committed may pursue a remedy through the Grievance Procedures. The supervisor, City Administrator, or Director of Public Safety will investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. Corrective Action It is our hope that all employees will perform their jobs satisfactorily, and comply with the rules and policies of this organization. The management of the City would like to work with employees in communicating and attempting to correct work - related problems. However, if an employee does not satisfactorily perform his /her job, or is found in violation of the rules, policies, or core values, the organization may implement corrective action. Corrective action may take several forms, including, but not limited to, verbal warnings, written warnings, suspension, or termination. The organization reserves the right in its sole discretion to omit any or all of these steps, or add to or modify steps in any particular situation. The City will take whatever corrective action it determines is appropriate in response to the circumstances of any given situation. Effective as of December 1, 2011 Page 58 City of Corcoran Employee Handbook Nothing in this section or in the organization's disciplinary policies or practices changes an employee's right to terminate his /her employment with the City at any time, with or without notice, for any or no reason, nor does it modify the organization's right to terminate any employee's employment at any time, with or without notice, for any reason not prohibited by law. If the disciplinary action involves the removal of a qualified veteran, the appropriate hearing notice will be provided and all rights will be afforded the veteran in accordance with Minnesota law. GRIEVANCE POLICY It is the policy of the City, to the extent possible, to prevent the occurrence of events leading up to the filing of grievances and to deal promptly with those, which occur. Any employee has the right to submit a grievance relating to the conditions or compensation of his or her employment. However, this procedure must not interfere with the full, faithful and proper performance of the employee's duties. Time is of the essence in reporting a grievance, since the passage of time may interfere with the accurate investigation of facts. Step 1: The employee must disclose the grievance as soon as possible, but no later than five (5) business days after the alleged violation or dispute has occurred, verbally to the supervisor or the next -in -line of authority if the supervisor is the subject of the grievance; Step 2: If the grievance is not resolved following verbal notice, the employee must present the grievance in writing to the City Administrator or Director of Public Safety, stating the nature of the grievance, the facts on which it is based, the provision or provisions of the personnel policies allegedly violated and the remedy requested, to the proper supervisor within ten (10) business days after the alleged violation or dispute has occurred. The City Administrator or Director of Public Safety will determine whether intermediate steps are necessary to prevent further actions relating to the grievance and will provide a written response to the employee within thirty business (30) business days of receipt of the written grievance. Business days include Monday through Friday. The decision of the City Administrator or Director of Public Safety is final. Effective as of December 1, 2011 Page 59 City of Corcoran Employee Handbook If a grievance is not presented within the time limits set forth above, it will be considered "waived." The time limit in each step may be extended by mutual agreement of the City and the employee without prejudice to either party. The following actions are not subject to the grievance process: • Performance evaluations; Pay increases or lack thereof; and Merit pay awards The above list is not meant to be all inclusive or exhaustive. EDUCATION AND TRAINING POLICY The City promotes staff development as an essential, ongoing function needed to maintain and improve cost effective quality service to residents. The purposes for staff development are to ensure that employees develop and maintain the knowledge and skills necessary for effective job performance and to provide employees with an opportunity for job enrichment and mobility. The City will pay for the costs of an employee's participation in training and attendance at professional conferences, provided that attendance is approved in-advance under the following criteria and procedures: Job Related Training & Conferences The subject matter of the training session or conference is directly job related and relevant to the performance of the employee's work responsibilities. Responsibilities outlined in the job description, annual work program requirements and training goals and objectives that have been developed for the employee will be considered in determining if the request is job related. CLE or similar courses taken by an employee in order to maintain licensing or other professional accreditation will not be eligible for payment under this policy unless the subject matter relates directly to the employee's duties, even though the employee may be required to maintain such licensing or accreditation as a condition of employment with the City. Effective as of December 1, 2011 Page 60 City of Corcoran Employee Handbook The City Administrator, Director of Public Safety, or supervisor is responsible for determining job relatedness and approving or disapproving training and conference attendance. Out of State Travel Attendance at training or conferences out of state is approved only if the training or conference is not available locally. All requests for out of state travel are reviewed for approval /disapproval by the City Administrator, Director of Public Safety, or supervisor. Compensation for Travel & Training Time Time spent traveling to and from, as well as time spent attending a training session or conference, will be compensated in accordance with the federal Fair Labor Standards Act. Travel and other related training expenses will be reimbursed subject to the employee providing necessary receipts and appropriate documentation. Travel & Meal Allowance If employees are required to travel 50 miles outside of the area in performance of their duties as a City employee, they will receive reimbursement of expenses for meals, lodging and necessary expenses incurred. However, the City will not reimburse employees for meals connected with training or meetings within City limits, unless the training or meeting is held as a breakfast, lunch or dinner meeting. Reimbursement not to exceed the allowable IRS rate. Employees who find it necessary to use their private automobiles for City travel and who do not receive a car allowance will be reimbursed at the prevailing mileage rate as established by the City Council, not to exceed the allowable IRS rate. Expenses for meals, including sales tax and gratuity, will be reimbursed according to this policy. No reimbursement will be made for alcoholic beverages. Memberships and Dues The purpose of memberships to various professional organizations must be directly related to the betterment of the services of the City. Normally, one City membership per agency, as determined by the City Administrator or Director of Public Safety is allowed, providing funds are available. Upon separation of employment, individual memberships remain with the City and are transferred to another employee by the supervisor. Effective as of December 1, 2011 Page 61 City of Corcoran Employee Handbook Request for Participation in Training & Conferences The request for participation in a training session or conference must be submitted in writing to the employee's supervisor on the appropriate form. All requests must include an estimate of the total cost (training session, travel, meals, etc.) and a statement of how the education or training is related to the performance of the employee's work responsibilities with the City. Requests for training must be approved by the employee's supervisor, the City Administrator, or Director of Public Safety. Documentation approving conference or training attendance will be provided to the employee with a copy placed in the employee's personnel file. Payment information such as invoices, billing statements, etc., regarding the conference or training should be forwarded to accounting for prompt payment. Tuition Reimbursement To be considered for tuition reimbursement the employee must be in good standing and have been employed by the City for at least one year. All requests for tuition reimbursement will be considered on a case -by -case basis by the City Administrator or Director of Public Safety, with final approval /disapproval provided by the City Council. Courses taken for credit at an approved educational institution must meet the following criteria to be approved for reimbursement: 6 11 Courses must be directly related to the employee's present position (whether required for a degree program or not); Courses must be directly related to a reasonable promotional opportunity in the same field of work as present position (whether part of a degree program or not). The City will pay the cost of tuition upon successful completion (C grade or better; "pass" in a pass /fail course) of the approved course. Reimbursements will be prorated for part -time employees. The maximum reimbursement per course will be based on an average course cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. AND • Employees must reimburse the City if they voluntarily leave employment within twelve (12) months of receiving tuition reimbursement from the City. Effective as of December 1, 2011 Page 62 City of Corcoran Employee Handbook Appendix CODE OF ETHICS The proper operation of democratic government requires that all public service employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the government structures; that public employment not be used for personal gain other than anticipated by the employment relationship; and that the public have confidence in the integrity of all its government. In recognition of these goals, there is hereby established a Code of Ethics for all elected officials and appointed officials of the City of Corcoran, pursuant to Minnesota Statutes 471.895, as well as for all other employees of the City of Corcoran. The purpose of this Code is to establish ethical standards of conduct for all such employees by setting forth examples of those acts or actions that are incompatible with the best interests of the City and by directing disclosure by employees of any private, financial or other interests in matters affecting the City. The provisions and purposes of this Code and such rules and regulations as may be established are hereby declared to be in the best interest of the City of Corcoran. Definitions For the purpose of this policy, the following definitions shall apply: Business: any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self - employed individual, or any other legal entity which engages either in non - profit or profit- making activities; Confidential Information: any information obtained under government authority which has not become part of the body of public information and which, if release prematurely or in non - summary form, may provide unfair economic advantage or may adversely affect the competitive position of an individual or business. Confidential information includes, but is not limited to, data that is classified as not public data under the Minnesota Data Practices Act. Private Interest: any interest, including but not limited to a financial interest, which pertains to a person or business whereby the person or business would gain a benefit, privilege, exemption, or advantage from action of the City employee that is not available to the general public in the same manner. Employee or Employees: employees, appointed officials, and elected officials of the City of Corcoran. Responsibilities of Public Office Public employees are agents of public purpose and hold their positions for the benefit of public. They are bound to uphold the Constitution of the United States and the Constitution of the State of Minnesota and to carry out impartially the laws of the nation, state and municipality and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully Effective as of December 1, 2011 Page 63 City of Corcoran Employee Handbook the duties of their particular position regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproached. Dedicated Service Employees shall adhere to adopt rules of conduct as outlined in the personnel policies. Employees shall not exceed their authority or breach the law or ask others to do so, and they shall work in full cooperation with public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of their work. Rules of Conduct All employees of the City of Corcoran shall conform to and comply with the provisions of these rules and all other applicable policies. Any willful violation shall be considered insubordination and subject to disciplinary action, up to and including dismissal from employment in the City's discretion. Acceptance of Gifts or Favors Employees of the City, in the course of, or in relation to their official duties, shall not directly or indirectly receive, or agree to receive, any payment of expense, compensation, gift, reward, gratuity, favor, service, or promise of future employment or other future benefit from any source, except the City, for any activity related to the duties of the employee unless otherwise provided by law. However, the acceptance of any of the following shall not be in violation of this section: 1. An item or service of insignificant monetary value; 2. A plaque or similar item if given to recognize individual services in a field of specialty or a charitable cause; 3. Informational material of unexceptional value; 4. Food or beverage given at a reception, meal or meeting by an organization before whom the recipient make a speech or answers questions as part of a program, if the location of reception, meal or meeting is away from the recipient's place of work; 5. Gifts given because of the recipient's membership in a group; however the majority of the members of the group must not be local officials. In addition, the gift is only acceptable if an equivalent gift is given to the other members of the group; 6. Services to assist an official in the performance of official duties, which would include such things as providing advice, consultation, information, and communication in connection with legislation and services to constituents; 7. Lawful campaign contributions; 8. Prizes won of nominal value at any convention, meeting or sporting event at which an employee is a representative for the City, even if the City pays any registration or attendance fee for the employee; 9. Honoraria or expense paid for papers, talks, demonstrations or appearances made by employees on their own time for which they are not compensated by the City; Effective as of December 1, 2011 Page 64 City of Corcoran Employee Handbook 10. A ticket or tickets entitling the bearer to admission to a promotional event. An employee who does accept any item listed in 8,9 or 10 above from a person, firm, labor union, partnership or corporation having any business, administrative, legislative, contractual or similar relationship with the City, shall notify his /her immediate supervisor of the acceptance of the prize or item. Use of Confidential Information An employee of the City shall not use confidential information to further the employee's private interest and shall not accept outside employment or involvement in a business or activity that will require the employee to disclose or use confidential information. Conflicts of Interest The following actions by an employee of the City shall be deemed a conflict of interest, and shall be subject to disciplinary action as appropriate; 1. Use or attempted use of the employees official position to secure benefits, privileges, exemptions or advantages for the employee or the employee's relatives, or others with which the employee is associated that are different from those available to the general public; 2. Acceptance of other employment or contractual relationship that will affect the employee's independence of judgment in the exercise of the employee's official duties; or 3. Actions as an agent or attorney in any action or matter pending before the City except in proper discharge of official duties or on the employee's behalf. Determination of Conflicts of Interest Employees have the responsibility to avoid potential conflicts of interest. A conflict of interest shall be deemed to exist when a review of the situation by the employee, the employee's supervisor or the City Administrator determines any of the following conditions to be present: 1. The use for private gain or advantage of City time, facilities, equipment or supplies, or prestige or influence of City office employment; 2. Receipt or acceptance by an employee of any money or other things of value from anyone other than the city for the performance of work that the employee would be required or expected to perform in the regular course of hours of City employment or as part of the duties as an employee; 3. Outside employment by a business that is subject to the direct or indirect control, inspection, review, audit or enforcement by the employee; or 4. The performance of an act in other than the employee's official capacity that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement by the employee. 5. A City employee who is in direct contact with suppliers or potential suppliers to the City or who directly or indirectly influences a purchasing decision by Effective as of December 1, 2011 Page 65 City of Corcoran Employee Handbook establishing specifications, testing products, evaluating contracted services, or otherwise has official involvement in the purchasing or contracting process: a. Has any financial interest or has any personal beneficial interest, directly or indirectly, in contracts or purchase orders for goods or services used by, purchased by or furnished to the City; or b. Accepts directly or indirectly from a person, firm or corporation to which a contract or purchase order has been, or may be, awarded a rebate, gift, money, or anything of value, other than items of nominal value. c. Accepts any promise obligation or contract for future reward. Resolution of Conflict of Interest If the employee, the employee's supervisor or the City Administrator or Director of Public Safety determines that a conflict of interest exists, that matter shall be assigned to another employee who does not have a conflict of interest. If it is not possible to assign the matter to an employee who does not have a conflict of interest, interested persons shall be notified of the conflict and the employee may proceed with the assignment. Effective as of December 1, 2011 Page 66 City of Corcoran Employee Handbook EMPLOYEE ACKNOWLEDGEMENT I hereby acknowledge that I have received a copy of the City's Employee Handbook. I understand that the contents of this Handbook are for general information and guidance and it does not constitute a contract. I understand that it replaces and supersedes any previous policies, manual or communications, whether written or oral. I further understand that all contents of this Employee Handbook are subject to change in accordance with applicable laws but employees will be advised of any City initiated changes to policies contained. I understand that certain employees are covered by a collective bargaining agreement. Should there be a difference between the collective bargaining agreement and this handbook; the collective bargaining agreement will prevail. I have entered into my employment relationship with the City of Corcoran voluntarily and acknowledge that there is no specified length of employment. Employees have the right to terminate the employment relationship with the City at any time, with or without notice, for any reason. The City has the same right to terminate the employment relationship at any time, with or without notice, for any reason not prohibited by law. The organization retains sole discretion to add, delete, or change anything contained in this handbook except employment -at -will. I understand and agree that no employee or representative of the City of Corcoran has the authority, at present or in the future, to promise me any benefit or make any agreement with me, oral or written, which in any way conflicts with this Employee Handbook or any of these statements, and that no person other than the City Council has the authority to change any policy, benefit, rule or procedure as stated in this Handbook. I understand it is my responsibility to read and understand the contents of this Employee Handbook including the Harassment & Offensive Behavior policy. If I do not understand any provision of the Handbook, I shall contact my immediate supervisor or the City Administrator for clarification. Employee Signature Print Name Date Note: Employees will be required to acknowledge receipt of the Employee Handbook by signing this acknowledgement. - This copy is to remain in the Handbook - Effective as of December 1, 2011 Page 67 City of Corcoran Employee Handbook This page was intentionally left blank Effective as of December 1, 2011 Page 68 City of Corcoran Employee Handbook EMPLOYEE ACKNOWLEDGEMENT I hereby acknowledge that I have received a copy of the City's Employee Handbook. I understand that the contents of this Handbook are for general information and guidance and it does not constitute a contract. I understand that it replaces and supersedes any previous policies, manual or communications, whether written or oral. I further understand that all contents of this Employee Handbook are subject to change in accordance with applicable laws but employees will be advised of any City initiated changes to policies contained. I understand that certain employees are covered by a collective bargaining agreement. Should there be a difference between the collective bargaining agreement and this handbook; the collective bargaining agreement will prevail. I have entered into my employment relationship with the City of Corcoran voluntarily and acknowledge that there is no specified length of employment. Employees have the right to terminate the employment relationship with the City at any time, with or without notice, for any reason. The City has the same right to terminate the employment relationship at any time, with or without notice, for any reason not prohibited by law. The organization retains sole discretion to add, delete, or change anything contained in this handbook except employment -at -will. I understand and agree that no employee or representative of the City of Corcoran has the authority, at present or in the future, to promise me any benefit or make any agreement with me, oral or written, which in any way conflicts with this Employee Handbook or any of these statements, and that no person other than the City Council has the authority to change any policy, benefit, rule or procedure as stated in this Handbook. I understand it is my responsibility to read and understand the contents of this Employee Handbook including the Harassment & Offensive Behavior policy. If I do not understand any provision of the Handbook, I shall contact my immediate supervisor or the City Administrator for clarification. Employee Signature Print Name Date Note: Employees will be required to acknowledge receipt of the Employee Handbook by signing this acknowledgement. - This copy is to be removed and placed in the employee's personnel file - Effective as of December 1, 2011 Page 69 City of Corcoran Employee Handbook This page was intentionally left blank Effective as of December 1, 2011 Page 70 CITY OF CORCORAN 12a. 5 Year Capital Improvement Plan (CIP) Dept Year Cost Trade In Equipment Replace 2012 2013 2014 2015 2016 PD 2012 $35,000 $ 3,000 1 squads replacement Yes $ 32,000 2012 $7,500 Support & Protection Equipment Yes $ 7,500 2013 $70,000 $ 6,000 2 squad replacement Yes $ 64,000 2013 $7,500 Support & Protection Equipmwnt Yes $ 7,500 2014 $10,000 $ - Mobile Radio Replacement x2 Yes $ - $ 10,000 2014 $40,000 $ 3,000 1 squad replacement Yes $ 37,000 2014 $7,500 Support & Protection Equipment Yes $ 7,500 2015 $80,000 $ 6,000 2 squad replacement Yes $ 74,000 2015 $7,500 Support & Protection Equipment Yes $ 7,500 2015 $50,000 $ - Squad Laptop Computer Replacement Yes $ 50,000 2016 $40,000 $ 3,000 1 Squad Replacement Yes $ 37,000 2016 $50,000 $ 2,500 Squad Video System Replacement Yes $ 50,000 2016 $7,500 Support and Protection Equipment Yes $ 7,500 Total $412,500 $23,500 $ 39,500 $ 71,500 $ 54,500 $ 131,500 $ 94,500 PW 2012 $220,000 $ 40,000 Tandem Dump Truck (Replaces 2002) Yes $ 180,000 2012 $56,000 $ 20,000 Track Skid Loader (Replace 1990 Loader) Yes $ 27,000 2012 $68,500 Mini Excavator No $ 61,000 2012 $24,000 Road Shouldering Machine No $ 24,000 2013 $17,000 Mower Yes $ 17,000 2014 $80,000 $ 25,000 Tractor (Replaces 6420- purchased in 2005) Yes $ 55,000 2014 $32,000 $ 5,000 Pickup Truck Yes $ 27,000 2015 $10,000 Pressure Washer Yes $ 10,000 2015 $25,000 $ 5,000 Utility Tractor (Replaces 4720 purchased in 2005) Yes $ 20,000 2015 $30,000 Front Mount Mower (Replaces 2004) Yes $ 30,000 2015 $36,000 $ 10,000 Pickup and Plow (Replaces 2010) Yes $ 26,000 2016 $250,000 $ 40,000 Tandem Dump Truck (Replaces 2006) Yes $ 210,000 2016 $35,000 $ 20,000 Pickup Truck Yes $ 15,000 Total $883,500 $165,000 $292,000 $17,000 $82,000 $86,000 $225,000 Admin 2012 $5,000 Public Information Improvements- Conference Room Yes $ 7,000 2013 $10,000 Public Information Improvements - Council Chambers Yes $ 10,000 2013 $7,500 Council Chamber Furniture Yes $ 7,500 2014 $7,500 Community Center Improvements Yes $ 12,500 2016 $50,000 City Hall Office Cubical Replacement and Add Yes $ 50,000 Total $80,000 $0 $7,000 $17,500 $12,500 $0 $50,000 IT 2012 $6,500 Client Computer Replacement Yes $ 6,500 2013 $6,500 Client Computer Replacement Yes $ 6,500 2014 $6,500 Client Computer Replacement Yes $ 6,500 2014 $22,500 City Hall Replacement Copier Yes $ 22,500 2015 $6,500 Client Computer Replacement Yes $ 6,500 CITY OF CORCORAN 12a. 5 Year Capital Improvement Plan (CIP) Dept Year Cost Trade In Equipment Replace 2012 2013 2014 2015 2016 2016 $10,000 Server (s) Upgrade - Replacement Yes $ - $ 10,000 2016 $6,500 Client Computer Replacement Yes $ 6,500 Total $65,000 $0 $6,500 $6,500 $29,000 $6,500 $16,500 Total by Year $ 345,000 $ 112,500 $ 178,000 $ 224,000 $ 386,000 Quote No: 1009 Date: 02/27/2012 TO: City of Corcoran 8200 County Rd 116 Corcoran, MN 55340 Attn: Pat Meister PH: Quote ROADi7F - f=` �1 Road Widener, LLC. PH: (414)- 333 -8511 Fax: (920)- 261 -3479 612 N. Sawyer Road Oconomowoc, WI 53066 Road Widener Skid Steer Attachment Specifications: WEIGHT: Empty Weight — 2600 Pounds WIDTH: 10' 2" LENGTH: 7' 6" HEIGHT: 4' 3" Road Widener can shoulder from 1 -3.5 foot widths Hydraulic- driven conveyer belt (heavy duty 10" head and tail pulleys) Adjustable Slope (shouldering angle) Easily moved on common -width trailer. Does not need an over -width permit. OTHER FEATURES • Right or left side discharge • Capable of dispersing a 20 -ton truckload of gravel in minutes • Can travel over 12 miles an hour while dispersing a perfect shoulder • Hydraulic width /height adjustment • Operator may tilt hopper forward to place material in front of machine (can be lifted with skid steer) • 360 - degree steerable front end • Precise maneuverability when shouldering around obstacles (mailboxes, driveway approaches, street signs, intersections, cul -du -sacs, and guardrails) • Operates at speeds over 12 mph • Perfect for dispersing material over widths of 1 to 3.5 feet • Low operating costs • American made PRICING 1 ROAD WIDENER- Right /Left Discharge OPENS FROM 1 FT — 3.5 FT AND SLOPES, WEIGHT 2600 LBS, WIDTH 10'2 ", LENGTH 7'6", HEIGHT 4'3" HYD BELT DRIVEN SUB -TOTAL DISCOUNT FREIGHT TOTAL PRICE Thank you for your interest in the Road Widener. Quote subject to change after 90 days $ 26,000.00 $ 26,000.00 $ 3,000.00 FOB WI $ 23,000.00 Suite 4 Corcoran, MN 55357 Office 763.591.5800 Fax 763.591.5885 fishlabeau @isd.net fishlabeausigns.com I To: Lundell Manufacturing NXXX . Ship To: Same yuu-tatiun 12a. 55886 8/2/11 JB NO. ORDER DATE SALESPERSON DELI. DATE TERMS SHIPPING P.O. NO. 55886 8/3/11 Tim Williams 5 weeks 25 % DOWN Balance On Completion QUANTITY & DESCRIPTION I PRICE 3 Double Sided Signs Fabricate 3 - 5'x8' cedar signs consisting of clear 2 "x12" planks with dowels sandblasted and painted as per art mounted on 6 "x6" cedar posts installed in ground with concrete footings. City logos will be hand painted as the original at the Corcoran city offices entrance. Add if Clear Redwood 2 "x12" planks used in construction. • All permits and permit processing fees are an additional charge. • All electrical supplies to sign area are an additional charge. • All electrical hook up from our power supplies are an additional charge. • Any additional certified engineering or special assessments from the city planning dept. are a additional charge. $11,660.00 $3000.00 ke all checks payable to: Fish & Labeau Signs Inc. Sub Total $0000.00 w have any questions concerning quote please call: Tim Williams 763.591.5800 Discount $000.00 Plus Sales Tax $oo.00 • We accept Visa, Master Card & Discover Cards - Please add 2.20% Total I $0000.00 THANK YOU FOR YOUR BUSINESS! r�, � f,_ .....� Corcoran City Park Rochford School Entrance FIELD 1 FOOTBALL FIELD FIELD 2 SOCCER FIELD FIELD 3 SOCCER FIELD 26050 County Road 50 , t $MIL7, Corcoran City Park ENTRANCE 1 MEISTER SNYDER BATTING CAGE TENNIS PLAYGROUND VOLLEY BALL 26050 County Road 50 • 11 1310 E. Wayzata Blvd. • Wayzata, MN 55391 • 952 -404 -2200 • Fax 952 -404 -9900 Page 1 of 1 Estimate: SN- 4657 Printed: 9/6/2011 4:29:24PM Description: Complex Signs (3) 4'x 6' signs with graphics two sides Prepared For: Jill Smith -Arens ph: (763) 420 -2288 Company: City of Corcoran email: jsmith- arens @ci.corcoran.mn.us Dear Jill: Thank you for considering Signs Now for your sign needs. The quotation we discussed is attached below. If you have any questions, please don't hesistate to call me at 952 - 404 -2200. Signs Now Product Font Qty Sides Height Width Unit Cost Install Item Total 1 Aluminum 1/4" 1 2 48 72 $1,993.33 $225.00 $2,218.33 Color: White Description: 1/4" thick aluminum Custom routed and Powder coated for long term outdoor use. Sign includes 4" x 4" slottei aluminum posts with Bevel cap Sign to have Vinyl graphics applied two sides. Signs to be installed into the ground per customer location (3) signs total Text: Entrance 1 2 Aluminum 1/4" 1 2 48 72 $1,993.33 $225.00 $2,218.33 Color: White Description: 1/4" thick aluminum Custom routed and Powder coated for long term outdoor use. Sign includes 4" x 4" slottei aluminum posts with Bevel cap Sign to have Vinyl graphics applied two sides. Signs to be installed into the ground per customer location (3) signs total Text: Entrance 2 3 Aluminum 1/4" 1 2 48 72 $1,993.33 $225.00 $2,218.33 Color: White Description: 114" thick aluminum Custom routed and Powder coated for long term outdoor use. Sign includes 4" x 4" slottei aluminum posts with Bevel cap Sign to have Vinyl graphics applied two sides. Signs to be installed into the ground per customer location (3) signs total Text: School Entrance Notes: Company: City of Corcoran 8200 Co Rd 116 Corcoran, MN 55340 Line Item Total: $6,654.99 Subtotal: $6,654.99 Taxes: $484.15 Total: $7,139.14 Stand Out in a Crowded World Deposit Required: $3,569.57 Received /Accepted By: ,tc' Corcoran City Park ENTRANCE 1 MEISTER SNYDER BATTING CAGE TENNIS PLAYGROUND VOLLEY BALL 20200 County Road 10 Corcoran City Park ENTRANCE 2 ICE SKATING RINK HOCKEY RINK WARMING HOUSE FOOTBALL FIELD SOCCER FIELD SOCCER FIELD 20200 County Road 50 ti -- Corcoran Cit y Park Rockford School Entrance FIELD 1 FOOTBALL FIELD FIELD 2 SOCCER FIELD FIELD 3 SOCCER FIELD 20300 County Road 50 CLAIMS LISTING CHECK RANGE 19463 19498 Agenda Item 13 a -c. Council Meeting Date: 3/8/2012 Prepared By: jheinecke Agenda Item: 13a. FUND #500 Escrow Claims Paid to Amount Project name Custom Filtration 30,250.00 Custom Filtration Site Plan JRL Construction 226.00 JRL GRA027 Robert Kelly 2,119.62 Kelly West Oaks 07 -003 Total 32,595.62 9,615.79 2/23/12 Paychex Fee Total Funds #500 2/27/12 PERA (See attached Check Detail Register) Agenda Item: 13b. Building Inspection Claims Paid To Amount 9,472.76 NONE US Bank - H S A 1,516.32 Total Building Inspections Claims = (See attached Check Detail Register) Agenda Item: 13c. All Other Claims (See attached Check Detail Register) Total of Auto Deductions $ 32,595.62 40,748.27 60,646.58 $ 133,990.47 H: \City Hall Information\CITY GOVERN ME NT\Council, Commissions & Committees\Council Information \Council Claims\2012 Claims.xls TOTAL EXPENDITURES FOR APPROVAL 13c. Auto Deductions / Electronic Fund Transfer/ Other Disbursements Date Paid to Amount 2123/92 Net Pay PR04 27,489,01 2/23/12 Payroll Taxes 9,615.79 2/23/12 Paychex Fee 228.66 2/27/12 PERA 7,682.28 2/27/12 Citi Street - 457 Deffered Comp 2,922.00 2/27/12 Citi Street - Health Care Savings 9,472.76 2/28/12 US Bank - H S A 1,516.32 2/23/12 Mn Dept Rev - Fuel Tax 1.16.76 2/27112 Blue Cross Blue Shield 9,603.00 Total 60,646.58 NOTE Additional claims (see attached) 1,500.00 Check # 19463 $ 32,595.62 40,748.27 60,646.58 $ 133,990.47 H: \City Hall Information\CITY GOVERN ME NT\Council, Commissions & Committees\Council Information \Council Claims\2012 Claims.xls CITY OF CORCORAN 02/22/12 8:32 AM Page 1 'Check Detail Register@ February 2012 Check Amt Invoice Comment 10100 Farmers State B �� ank E 100 - 43232 -210 Operating Supplies (GENERAL) $750.00 022212 2012 RECYCLING POSTAGE E 100 -41130 -351 Newsletter Expenses $750.00 022212 2012 NEWSLETTER POSTAGE Total POSTMASTER $1,500.00 10100 Farmers State Bank $1,500.00 Fund Summary 10100 Farmers State Bank 100 GENERAL FUND $1,500.00 $1,500.00 CITY OF CORCORAN 03/02112 10:35 AM Page 1 *Check Detail Register@ March 2012 Check Amt Invoice Comment 10100 Farmers State Bank Vai-dChk-#-61'9-464--3/8-/"20-12'- A—DAM'S-PEST CONTROL, I-IINC. --"----1--l-l-�l-.--.,--,--.----.----1--l----.,-----,--.---.-.----.-.--.---- E 100-41941-210 Operating Supplies (GENERAL) $80.16 699865 Pest Control Quarterly Service Total ADAMS PEST CONTROL, INC. $80.16 Paid Chk# 099465 3/8/2012 ___4L_'L'91EX0_N§ _iV(5kT_§ E100-42100-210 Operating Supplies (GENERAL) $220.38 4622 EXCHANGE AMMO LIPDGRADE Total ALL SEASONS SPORTS $220.38 E 100-41300-208 Training and Instruction $600.00 P12013 EFFECTIVE MANAGEMENT Total DONALD SALVERDA & ASSOC $600.00 'Faid'C_RWT' ­3812-0 i6f E100-43100-210 Operating Supplies (GENERAL) $510.86 67.643 SUPPLIES $550.41 Total AMERICAN PRESSURE $510,86 Paid Chk# 019467 3/8/2012 BUSINESS FORMS &ACCOUNTING 2012 FSA 2012 FSA REIMBURSEMENT E 100-41941-207 Computer Supplies $340.68 45734 UB POSTCARDS Total BUSINESS FORMS &ACCOUNTING $340.68 ' Pi uwK ..... -­--_.___.___­­__'__'_ E 100-45200-321 Telephone $51.67 022112 LAND LINE Total CENTURY LINK $51.67 E100-42100-223 Building Repair Supplies $29.05 470779640 PD RUGS E100-41941-210 Operating Supplies (GENERAL) $40,25 470779641 City Hall Scraper Mat E 100-43100-210 Operating Supplies (GENERAL) $32,62 470779642 PW Towels E 100-43100-417 Uniforms $80.17 470779643 PW Uniforms Total CINTAS - 470 $182.09 P rid _Ch k'i-bi-9-fl)'7--:�/-e[2-6ii"--C-OM-C-AS-T--9"0'-2"9"4-33-13-6--"-'---*'l-'---,--,----"----,*-,-",---,-,----,""-11--"-..,.,----.,..-..----------.-. E 100-43100-321 Telephone E 100-41941-321 Telephone E 100-42100-321 Telephone Total COMCAST- 902943336 $118.07 21124644 LAND LINE/FAX $118.07 21124644 LAND LINE/FAX $118.07 21124644 LAND LINE/FAX $354.21 Paid Chk #019471 318!2012 CUSTOM —FILTRAT-10—NIKE G 500-20280 Custom Filtration-Site $30,250.00 REFUND ESCROW REFUND Total CUSTOM FILTRATION INC. $30,250.00 'Veia-C-h'ki-01-94-72-3/812012— DONALD SA—LVE-RD'-A-&-AS-S"O-C"-------"--'.--'--'---'-------"- E 100-41300-208 Training and Instruction $600.00 P12013 EFFECTIVE MANAGEMENT Total DONALD SALVERDA & ASSOC $600.00 'Faid'C_RWT' ­3812-0 i6f E 100-43125-210 Operating Supplies (GENERAL) $550.41 CD201209511 SUPPLIES Total ENVIROTECH SERVICES INC $550.41 E 100-41400-130 Employer Paid FSA $350.00 2012 FSA 2012 FSA REIMBURSEMENT CITY OF CORCORAN 03/02/12 10:35 AM Page 2 *Check Detail Register© March 2012 Check Amt Invoice Comment Total HEINECKE, JEANIE $350.00 Paid Ch# 019475 3� /8 /2 012 HU NERBERG CONSTRUCTION CO. E 416- 41941 -520 Buildings and Structures $13,790,00 4761 FACILITY STORM SHELTER -FINAL Total HUNERBERG CONSTRUCTION CO. $13,790.00 Paid Chk# 019476 3/8/2012 JRL CONSTRUCTION INC G 500 -20228 JRL $226.00 REFUND ESCROW REFUND- GRA024 Total JRL CONSTRUCTION INC $226.00 G 500 -20229 Kelly $2,119.62 REFUND ESCROW REFUND 07-003 Total KELLY ROBERT $2,119.62 E 100 -43100 -380 Utility & Services (GENERAL) $46.13 118085 PROPANE E 100 -42100 -212 Motor Fuels $515.90_ 511209 PROPANE Total LAKES GAS COMPANY $562.03 E 100 -42100 -208 Training and Instruction $40.00 157381 SAFETY & LOSS WORKSHOP Total LEAGUE OF MINNESOTA CITIES $40.00 E100-41941-210 Operating Supplies (GENERAL) $78.57_ 46700 SUPPLIES Total LIGHTING PLASTICS OF MN INC $78.57 E 100- 41951 -207 Computer Supplies $101.25 CW16036 SERVICE CALL Total LOFFLER $101.25 E 100 -41900 -433 Dues and Memberships $1,2_54.00 489 ANNUAL DUES Total METRO CITIES $1,254.00 E 100- 42100 -208 Training and Instruction $810.00 ETI ETI MGT TRAINING Total MN CHIEFS OF POLICE ASSOC $810.00 Paid Chk #'Q19484 »� 3/8/2012 aNAGELL APPRAISAL 8 CONSULTING» »' » » »ry Mme' "� W �W " �"" Y "' E 401- 41900 -300 Professional Srvs (GENERAL) $275.00 18493 APPRAISAL E 401 -41900 -300 Professional Srvs (GENERAL) $125.00 1.8509 DRIVEWAY Total NAGELL APPRAISAL & CONSULTING $400.00 E 100 -43100 -225 Landscape /Ditch Materials $152.25 503560 SUPPLIES E 100 - 43100 -225 Landscape /Ditch Materials $74.79 503822 SUPPLIES Total OIL AIR PRODUCT LLC $227.04 CITY OF CORCORAN 03102/12 10:35 AM Page 3 *Check Detail Register@ March 2012 Check Amt Invoice Comment Paid Chk# 01.9486 3/8/2012 PLEAA E 100 -42100 -208 Training and Instruction $25.00 2012 TRAININ. 2012 SPRING TRAINING Total PLEAA $25.00 :Pad Chk# 010487 E 100 -43100 -380 Utility & Services (GENERAL) E 100 -41941 -380 Utility & Services (GENERAL) E 100 -43232 -300 Professional Srvs (GENERAL) Total RANDY S SANITATION $136.70 1101302 PUBLIC WORKS REFUSE $182.70 128035102 CITY HALL REFUSE $5,312.95 128035102 02112 RECYCLING $5,632.35 Paid Chk# 019488 318!2012 RMS RENTALS E 100 -41300 -210 Operating Supplies (GENERAL) E 100 -42100 -321 E 100- 43100 -225 Landscape /Ditch Materials $458.42 W11350 EQUIPMENT REPAIR E 100 - 42100 -321 Total RMS RENTALS $458.42 Operating Supplies (GENERAL) E 100-41920-210 PaidCh TY1' 489M $501,74 Total SPRINT E 10041550 -300 Professional Srvs (GENERAL) $4,107.00 022712 02/12 FEES E 1 00 - 41 550 -21 0 Operating Supplies (GENERAL) $16.39 022712 SUPPLIES Total ROLF ERICKSON ENTERPRISES INC _ $4,123.39 Paid Chk# 019490 3/8/2012 RUPPERT APPRAISAL & CONSULTATI E 401 -41900 -300 Professional Srvs (GENERAL) $5,000.00 1355 APPRAISAL 'otal RUPPERT APPRAISAL & CONSULTATI $5,000.00 aF'aid'Chk# 019491 3%8/ 2012 ,,,M,5ERVECE MASTEi2CLEANING .,,- ,.,.,, ».,,..M_,_ E 100 - 42100 -220 Repair /Maint Supply (GENERAL) $1.72.39 J004520 SQUAD CAR CLEANUP Total SERVICE MASTER CLEANING $172,39 Pafd Chk# 019492, „3%8 /2012—,n,,.,SPFtIN7:,» E 100 -42100 -323 Radio Units $156.00 193109814051 AIR CARDS MDC /RADIO UNITS Total SPRINT $156.00 Paid Chk# 019493 3/8/2012 SPRINT E 100 - 43100 -321 Telephone E 100 -41300 -210 Operating Supplies (GENERAL) E 100 -42100 -321 Telephone E 100 -41300 -210 Operating Supplies (GENERAL) E 100 -43100 -321 Telephone E 100 - 42100 -321 Telephone E 100 -41920 -210 Operating Supplies (GENERAL) E 100-41920-210 Operating Supplies (GENERAL) $501,74 Total SPRINT ($6.42) 391283315 REFUND ($6.41) 391283315 REFUND ($6.42) 391283315 REFUND $17.58 391283315 CELL SERVICE $229.88 391283315 CELL SERVICE $262.37 391283315 CELL SERVICE $17.58 391283315 CELL SERVICE _ ($6.42) 391283315 REFUND $501,74 E 100 - 42100 -417 Uniforms $16.01 1905856 BADGE REPAIR Total STREICHER S POLICE EQUIPMENT $16.01 APafd Chk #�D19495, , 3/8%2012 SUN `PRESS 8� NEWSPAPERS E 100 - 41941 -352 General Notices and Pub Info $69.00 1346955 PUBLIC WORKS EQP OP E 100 -41941 -352 General Notices and Pub Info $203.96 1347852 PUBLIC WORKS EQP OP C1W OF CORCORAN 03/02/1210:35 AM Page 4 *Check Detail Register© March 2012 Paid Chk# 019496 3/8/2012 TRUSIGHT E 100- 41900 -300 Professional Srvs (GENERAL) $585.00 022012 HR CONSULTING E 100 - 43100 -208 Training and Instruction $985.00 212350 LEADERSHIP TRAINING Total TRUSIGHT $1,570.00 Paid Ch0019497 3%8N/2Q12� VEi2EZON WIRELESS E 100 -42100 -321 Telephone Total VERIZON WIRELESS Paid Chk# 019498 '�'3l &120i2'"�MWRIGHT�COUNTY, E 100-41941-352 General Notices and Pub Info Total WRIGHT COUNTY JOURNAL PRESS Fund Summary $54.86 2700682867 CELL SERVICE $54.86 $216.93 6028968 CROPLAND BIDS $216.93 10100 Farmers State Bank $71,843.89 10100 Farmers State Bank Check Amt Invoice Comment E 100 -41941 -352 General Notices and Pub Info $114.96 1348920 PUBLIC WORKS EQP OP E 100 -41941 -352 General Notices and Pub Info $150.36 1360962 RINK ATTENDANT E 100- 41941 -352 General Notices and Pub Info $122.79 1362459 ORDINANCE 269 E 100 -41941 -352 General Notices and Pub Info $80.99 1362460 PUBLIC HEARING NOTICE E 100 - 41941 -352 General Notices and Pub Info $39.19 1363387 ROAD MATERIAL BID E 100 -41941 -352 General Notices and Pub Info $36.58 1363388 DUST CONTROL BID Total SUN PRESS & NEWSPAPERS $817.83 Paid Chk# 019496 3/8/2012 TRUSIGHT E 100- 41900 -300 Professional Srvs (GENERAL) $585.00 022012 HR CONSULTING E 100 - 43100 -208 Training and Instruction $985.00 212350 LEADERSHIP TRAINING Total TRUSIGHT $1,570.00 Paid Ch0019497 3%8N/2Q12� VEi2EZON WIRELESS E 100 -42100 -321 Telephone Total VERIZON WIRELESS Paid Chk# 019498 '�'3l &120i2'"�MWRIGHT�COUNTY, E 100-41941-352 General Notices and Pub Info Total WRIGHT COUNTY JOURNAL PRESS Fund Summary $54.86 2700682867 CELL SERVICE $54.86 $216.93 6028968 CROPLAND BIDS $216.93 10100 Farmers State Bank $71,843.89 10100 Farmers State Bank 100 GENERAL FUND $20,058.27 401 TAX INCREMENT FINANCING $5,400.00 416 CAPITAL - EQUIPMENT CERTS $13,790.00 500 ESCROW HOLDING FUND $32,595.62 $71,843.89 City of Corcoran Consultant Summary 3/8/2012 Name Invoice Date Check # Amount Due Na ell Appraisal & Consulting 01/31/12 19484 400.00 Rolf Erickson Enterprises 02/27/12 19489 4,123.39 Ruppert Appraisal & Consultation 02/21/12 19490 5,000.00 Trusi ht 02/27/12 19496 1,570.00 Total 11, 093.39 HACity Hall Information\CITY GOVERN MENT1Councii, Commissions & Committees\Council Information\Council Claims12012 Claims.xls Nagell Appraisal & Consulting, Inc. 7515 Wayzata Blvd., Suite 115 Minneapolis, MN 55426 952 -544 -8966 Fax: 952-544-8969 BILL TO City Engineer of Corcoran C/O Wenck Attn. Vincent Vandertop, PE 1800 Pioneer Creek Center Maple Plain, MN 55359 invoice DATE. INVOICE # 1/31/2012 18493 TAX ID NUMBER 41- 0941600 PLEASE - RETURN ONE COPY OF INVOICE WITH PAYMENT File # TERMS Appraisal of. REP Gl 108002 Due on receipt 1/31/2012 ML /WW DESCRIPTION RATE AMOUNT GI 108002 - Update of Schommer Appraisal - 19220 County Road 10 Corcoran, Minnesota 2,75 Hours @ $100 Per Hour 275.00 275.00 Tota 1 $275.00 TAX ID NUMBER 41- 0941600 PLEASE - RETURN ONE COPY OF INVOICE WITH PAYMENT Nagell Appraisal & Consulting, Inc. 7515 Wayzata Blvd., Suite 115 Minneapolis, MN 55426 952-544-8966 Fax: 952-544-8969 BILL TO City Engineer of Corcoran C/O Wenck Attn: Vincent Vandertop, PE 1800 Pioneer Creek Center Maple Plain, MN 55359 Invoice DATE INVOICE # 2/7/2012 18509 TAX ID NUMBER 41-0941600 PLEASE - RETURN ONE COPY OF INVOICE WITH PA YMEN T File # TERMS Appraisal of: REP G 1108002 Due on receipt 2n/2012 ML/WW DESCRIPTION RATE AMOUNT Additional Updates to Schornmer Report - Temporary Driveway 125.00 125.00 19220 County Road 10 Corcoran, Minnesota 1.25 Hours @ $100 Per Hour Pa1cf- ----hec'k No.. fob No,; ------ ---------- Tot-2-11 $125,00 TAX ID NUMBER 41-0941600 PLEASE - RETURN ONE COPY OF INVOICE WITH PA YMEN T STATEMENT 27 -Feb -12 ROLF ERICKSON ENTERPRISES, INC. SOUTWEST ASSESSING P O BOX 47841 PLYMOUTH, MN 55447 CITY OF CORCORAN 8200 Co. Rd. 116 CORCORAN, MN 55340 FEBRUARY 2012 ASSESSING FEE $4,107.00 COUNTY DATA FEE $16.39 TOTAL $4,123.39 RUPPERT APPRAISAL 8r- CONSULTATION, INC. REAL ESTATE APPRAISERS, BROKERS & CONSULTANTS SCOTT J. RUPPERT , MAI. JD TEL: 952.224-8085 PAX: 952.224.8087 ruppertapp @aol.com INVOICE #1355 February 21, 2012 Corcoran. Land LLC C/O Kenneth R. Streeter STREETER COMPANIES 6900 Winnetka Circle Brooklyn Park, MN 55428 RE: Real Estate Appraisal Services 73.54 Acres of land 79XX County Road 116 Corcoran, Minnesota 55340 Dear Mr. Streeter: ONE CORPORATE CENTER IV 730I OIiMS LANE SUITE #355 MINNEAPOLIS, MINNESOTA 55439 This is an invoice for appraisal services related to the above - referenced property. This invoice is consistent with our contract dated February 2, 2012. I have completed the appraisal assignment consistent with our contract. The contract fee for this appraisal assignment is $5,000. TOTAL INVOICE DUE TO DATE - - - - - 5 00.00 RUPPERT APPRAISAL & CONSULTATION, INC. _ TERMS: Net due and payable upon receipt of this Invoice. Invoices outstanding for thirty (30) days will be charged 1.5% per month finance charge (18% per annum). Federal ID# 20- 0477310 Inv1355 Trusight Terms of Engagement Agreement with City of Corcoran for Conflict Resolution Consulting February 20, 2012 Responsibilities Trusight works in partnership with its clients to effectively meet the client's needs. The following description of responsibilities is provided to ensure that there is mutual understanding of the roles to be played by Trusight and the client. Our practice is to discuss any issues not specifically addressed here with the client and to reach a mutually agreeable distribution of responsibilities. Trusight anticipates that Corcoran will: • Provide Trusight with information on the products and services offered by Corcoran, and related information included in the scope of this project. • Designate a primary contact for Trusight consultants to work with who will coordinate approvals and logistics within Corcoran. • Corcoran will be responsible for all final decisions regarding this project. Corcoran acknowledges that Trusight will not be liable for any act or omission. Corcoran will hold Trusight harmless and defend Trusight against any challenges that result from this project. Corcoran can expect that Trusight will: • Treat materials and information provided by Corcoran in a confidential manner and use them exclusively for the purpose of completing this project. • Design and deliver the services listed in this proposal within an established time frame. • Connect with the designated Corcoran contact on a regular basis to provide project updates. • Adhere to professional standards of quality and ethics. Timing My initial meetings with these individuals are set for next week. Corcoran and Trusight are free to terminate this project at any time by providing written notice to the other party. In the event that Corcoran chooses to terminate the project, Corcoran remains responsible for payment to Trusight for work completed and expenses incurred by Trusight, including program design and customization, which occurred prior to the project termination notification date. Pricing The member fee for conflict resolution consulting is $195 /hr. I estimate that this situation should be able to be addressed in about 10 - 16 hours. Travel time outside the Twin Cities metropolitan area is billed at $75 /hr and the mileage charge is $.51 per mile. Travel expenses incurred by Trusight consultants will be included in invoices submitted to City of Corcoran. Trusight will invoice on a monthly basis. Payment is expected within 30 days of receipt of the invoices. If alternative payment arrangements are desired, such requests can be discussed with the Trusight consultant. Acceptance We understand the value of working collaboratively with the client and being flexible to meet the client's specific needs. If you have questions about any aspect of this agreement, please contact Diane Hinds so that we can modify our approach or plan to better fit your needs. Please send an email to diane.hinds(a)-trusightinc.com indicating your acceptance of this agreement, or please sign and date this acknowledgment and fax it to Diane Hinds at Trusight at 763- 253 -9191. Please send payment for the deposit to: Accounting Department Trusight, Inc. 9805 45`h Avenue North Plymouth, MN 55442 Service Selected Please indicate the items you wish to begin and the desired start date. O Conflict Resolution Consulting 30% deposit = $585 (.30 x $1,950) Acknowledgement City of Corcoran representative Title Trusight representative RFP No. 12 -128 Desired Start Date Date Invoice No. 212350 9805 45th Avenue North, Plymouth, MN 55442 City of Corcoran 12 Patrick Meister 8200 Cty Rd 116 05 Corcoran MN 55340 USA Formerly Employers Association, Inc. Business: 763.253.9100 Fax: 763.559.6508 Member No. 00726860 Invoice Date 2/27/2012 Terms Net15 Due Date 3113/2012 PO No. ro pay by Credit Card, send the following information by email (accounting @trusightinc.com) or mail or fax to Accounts Receivable at rrusight. Contact Shanon Vetsch at 763.253.7640 for questions or payments. (circle one) Visa MasterCard AmEx Credit Card # Print Cardholder Name: Authorized Signature: Exp. Date Address and Zip Code of Card Holder: Card Security Code: Bringing Clarity to your FIR World