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HomeMy WebLinkAboutContract 1546MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made between the Fridley Housing and Redevelopment Autho.fi~r~ (hereinafter,the "HRA") and the City of Columbia Heights (hereinafter, the "City") on this ,.s dayof ~_q4tloa/' 2000. Demographic Technologies, Inc. Master Service Agreement The HRA agrees to execute a contract with Demographic Technologies, Inc. (hereinafter, "DTI") in the amount of $43,900 for completion of the required tasks contained in the Master Service Agreement executed between the Fridley I-IRA and DTI, (see attached Exhibit 1 of this Memorandum). The City agrees to pay $18,050 to the HRA as its share of the costs to be incurred by the HRA for the services of DTI. Costs not covered by the Master Service Agreement include unanticipated "direct" charges associated with acquiring city, county, state or school district data sets; routine data conversion "consulting costs" performed by a third party vendor(s); any data "consulting" processing or map production costs outside the Scope of Services and requested by either the Joint Community Task Force or an individual city; and "consulting" support in excess of the hours stipulated in the Scope of Services in the Master Service Agreement. All such additional direct and/or consulting costs must be pre-approved, in writing, by the Fridley HRA, the City of Fridley, and/or the City of Columbia Heights prior to DTI incurring such additional charges. All such consulting costs will be billed to the Fridley HRA at a rate of $80 per hour and all direct costs will be billed at the agreed upon direct costs for the item. The Fridley HRA and the City shall share these costs in a manner as determined to be appropriate depending on the nature of the additional charges. The HRA acknowledges that the City is entitled to use and is a recipient of the information created by DTI as defined in the Master Services Agreement. Hoisin~on Koegler Grou~. Inc. Planning Consulting Services The HRA agrees to execute a contract with Hoisington Koegler Group, Inc. (hereinafter HKGI) in the amount of $54,500 to provide land use, marketing, and financial consulting services in accordance with the terms of the Agreement dated September 7, 2000 (see attached Exhibit 2 of this Memorandum). The City share of HKGI consulting costs shall not exceed $6,082. The HRA acknowledges that the City is entitled to use and is a recipient of the information and work product created by HKGI as defined in the scope of services of said Agreement. Except for any breach of the representations of the HRA, any willful misrepresentation of any willful or wanton misconduct of the HRA, or the negligence or other wrongful act or omission of any officers, agents, and employees of the HRA, the City agrees to indenmify and hold harmless 1 of 2 Except for any breach of the representations of the I-IRA, any willful misrepresentation of any willful or wanton misconduct of the HRA, or the negligence or other wrongful act or omission of any officers, agents, and employees of the HRA, the City agrees to indemnify and hold harmless the I-IRA and its officers, agents, and employees against any claim, demand, suit, action, or other proceeding arising pursuant to this Agreement resulting from actions or failures to act by the I-IRA or its governing body members, officers, agents, or employees, provided that the foregoing indemnification shall not be effective for any actions of the HRA that are not contemplated by this Agreement. The I-IRA agrees that the $24,132 to be paid by the City pursuant to this Agreement will be used solely for the purpose of producing the information contained in the Agreements referenced herein and attached hereto as exhibits. The lIRA further agrees to refund any unused portion collected under this Agreement. CITY OF FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY Lawrence R. Commers Its Chairperson By William W. Bums Its Executive Director CITY OF COLUMBIA HEIGHTS Its Mayor By Walter R. Fehst ' ' ~ - Its City Manager 2 of 2 MASTER SERVICE AGREEMENT This Master Service Agreement is made and entered into between the Fridley Housing & Redevelopment Authority, 6431 University Ave. N.E., Fridley, Minnesota, hereinafter "Fridley HRA" and Demographic Technologies, Inc., a Minnesota corporation, 17258 Jasper Court, Lakeville, MN, 55044, hereinafter "DTI". WItEREAS, Fridley HRA, serving as the contract and fiscal agent for a Joint Task Force comprised of the cities of Columbia Heights and Ffidley and others, hereinal~er "Joint Task Force" said parties of which have agreed to abide by a Memorandum of Understanding as set forth in Exhibit I, requires certain professional services consistent with the Scope of Services contained herein. WHEREAS, DTI desires to and is capable of providing the necessary services according to the terms and conditions stated herein. NOW, TltEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: ARTICLE I SCOPE OF SERVICES Tasks to be Performed DTI agrees to perform the Scope of Services as set forth in Exhibit II attached and included herein by reference. Completion Date DTI agrees to perform the Scope &Services set forth on Exhibit II on or before June 30, 2001. ARTICLE H CONTRACT COMPENSATION AND TERM Total Cost The total amount to be paid by the Fridley HRA to DTI for work hereunder is $43,900. Of this total, $18,050 covers work pertaining to the City of Columbia Heights. It is the understanding of the parties that the City of Fridley will acquire funding for the Columbia Heights' portion directly from the City of Columbia Heights. This Master Service Agreement commits the Fridley HRA only for the costs associated with performing the Scope of Services set forth in Exhibit II attached. Costs not covered by this Master Service Agreement include unanticipated "direct" charges associated with acquiring city, county, state or school district data sets; routine data conversion "consulting costs" performed by a third party vendor; any data "consulting" processing or map production costs outside the Scope of Services and requested by either the Joint Task Force or an individual city; and "consulting" support in excess of the hours stipulated in the Scope of Services. All such additional "direct" and/or "consulting" costs must be pre-approved, in writing, by the either the Fridley HRA, the City of Fridley and/or the City of Columbia Heights prior to DTI incurring such addition charges. All such "consulting" costs will be billed to the Ffidley HRA and the Joint Task Force at a rate of $80 per hour and ail "direct" costs will be billed at the agreed upon "direct" cost for the item. Payment Schedule DTI shall be paid an initial payment of' Ten Thousand ($10,000.00) Dollars within twenty (20) working days of the effective date of this Master Service Agreement and thereafter on a monthly basis within fifteen (15) working days of receipt of invoices delivered to the Fridley HRA. All invoice(s) shall: (1) itemize the work performed, (2) the date such services were provided, and (3) a general description of ail services provided. All payments to be made to DTI shall be limited to the Master Service Agreement amount set forth above, unless DTI receives written instruction and authorization to proceed with additionai work beyond the attached Exhibit II Scope of' Services and for which the Fridley HRA agrees to be legally bound for payment. Contract Term The term of this Master Service Agreement shail terminate on June 30, 2001, unless early terminated by either party as set forth in Article VIII. ARTICLE III COMPLIANCE WITH LAWS AND STANDARDS General DTI shall abide by ail Federai, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Master Service Agreement. Minnesota Law to Govern This Master Service Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Master Service Agreement shall be venued in the State of Minnesota. Independent Contractor Status DTI, its affiliates and any subsidiaries and/or partnerships shall at all times be deemed to be independent contractor(s) and nothing herein contained shail be construed to create the relationship of' employer and employee between the Fridley HRA and DTI, its affiliates and any subsidiaries and/or partnerships. DTI, its affiliates and any subsidiaries and/or partnerships, shail at all times be flee to exercise initiative, judgment and discretion as to how to best perform or provide services under the terms and conditions of this Master Service Agreement. DTI, its affiliates and any subsidiaries and/or partnerships acknowledge and agree that DTI is not entitled to receive any of' the benefits received by Fridley I-IRA or Columbia Heights employees, if any, and is not eligible for workers' or unemployment compensation benefits. DTI acknowledges and agrees that no withholding or deduction for State or Federal income taxes, FICA, FUTA, or otherwise, will be made fi-om the payments due DTI and that is DTI's sole obligation to comply with the applicable provisions of' all Federal and State tax laws. ARTICLE IV INDEMNIYICATION Any and all claims that arise or may arise on behalf of DTI, its affiliates and any subsidiaries and/or partnerships, its agents, servants or employees as a consequence of any act or omission on the part of DTI, its affiliates and any subsidiaries and/or partnerships, or its agents, servants, employees while engaged in the performance of this Agreement shall in no way be the obligation or responsibility of the Fridley HRA or the Joint Task Force. DTI, its affiliates and any subsidiaries and/or partnerships shall indemnify, hold harmless and defend the Fridley lIRA, the Joint Task Force and their officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which the Fridley }IRA, the Joint Task Force, their officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any grossly negligent or willful act or omission of DTI, its affiliates and any subsidiaries and/or partnerships, its agents, s~rvants or employees, in the execution, performance, or failure to adequately perform DTI's obligations pursuant to this Master Service Agreement. ARTICLE V LIMITATION OF LIABILITY DTI, its affiliates and any subsidiaries and/or partnerships deny any liability for any data errors or omissions resulting from development of socioeconomic data or any liability associated with decisions or policies developed by the Ffidley HRA, the Joint Task Force, potential real estate developers or other parties based on the data provided. DTI, its affiliates and any subsidiaries and/or partnerships, shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide the data processing and consulting services under the terms and conditions of this Master Service Agreement. ARTICLE VI SUBCONTRACTING AND RIGHT OF ASSIGNMENT DTI may at all times enter into subcontracts for the performance of the services contemplated under this Master Service Agreement and assign its interest in this Master Service Agreement to affiliates, subsidiaries and/or partnerships of its sole choosing without prior written consent of the Fridley HRA or the loint Task Force; All such affiliates, subcontractors and/or partnerships shall at all times be under the control and supervision of DTI, and all such entities, if any, shall be bound by the terms and conditions of this Master Service Agreement. ARTICLE VII DEFAULT Inability to Perform DTI shall make every reasonable effort to mainta/n staff, facilities, and equipment to deliver the services to be purchased by the Fridley HRA acting on behalf of the Joint Task Force. DTI shall immediately notify the Fridley I-IRA in writing whenever it is unable to, or reasonably believes it is going to be unable to provide the agreed upon services. Upon such notification, Fddley HRA shall determine whether such inability requires a modification or cancellation of this Master Service Agreement. Duty to Mitigate Both parties shall use their best efforts to mitigate any damages that might be suffered by reason of any event-giving rise to a remedy hereunder. ARTICLE VIII TERMINATION With or Without Cause This Master Service Agreement may be terminated, with or without cause, by the Fridley HRA and the Joint Task Force upon thirty- (30) days written notice to DTI. Notice of Default Either party may terminate this Master Service Agreement for cause by giving ten (10) days written notice of its intent. Said notice 'shall specify the circumstances warranting termination of this Agreement. Failure to Cure If the party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be authorized by the party giving notice, then the whole or any part of this Master Service Agreement may be terminated by written notice. Notice of Termination : Certified mail or personal delivery to the authorized agent of the party shall make Notice of Termination. Notice of Termination is deemed effective upon delivery to the address of the party as set forth herein. Effect of Termination Termination of this Master Service Agreement shall not discharge any liability, responsibility or fight of any party which arises from the performance of or failure to adequately perform the terms of this Master Service Agreement prior to the effective date of termination. ARTICLE IX RIGHTS AND REMEDIES Rights Cumulative All remedies available to either party under the terms of this Master ServiCe Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. Waiver Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Master Service Agreement shall not be construed to be 4 modification for the terms of this Master Service Agreement unless stated to be such in writing and signed by authorized representatives of Fridley FHA and DTI. ARTICLE X AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Master Service Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Master Service Agreement, or in a modification of this Master Service Agreement. To DTI: John Carpenter Demographic Technologies, Inc. 17258 Jasper Court Lakeville, MN 55044 To Fridley HRA: Barbara Dacy City of Fridley 6431 University Ave. N.E. Fridley, MN 554324383 ARTICLE XI MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Master Service Agreement shall only be valid when they have been reduced to writing, and signed by authorized · representatives of the Fridley HRA and DTI. ARTAICLE XH SEVERABILITY The provisions of this Master Service Agreement shall be deemed severable. If any part of this Master Service Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Master Service Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Master Service Agreement with respect to either party. ARTICLE XIII MERGER Final Agreement This Master Service Agreement, including Exhibits I, is the final expression of the understanding between the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. ARTICLE XIV ACKNOWLEDGEMENTS AND PRODUCT OWNERSHIP Acknowledgements Any and all maps, tables, graphs, or reports produced by DTI, the Fridley HRA, the Cities of Fridley and Columbia Heights or other parties to this Master Service Agreement, based on the socioeconomic data set developed by DTI, shall acknowledge that "current demographic and socioeconomic data sets are produced by Demographic Technologies, Inc. All rights are reserved." References to iBlockTM, iBlocksTM or iMapsTM shall acknowledge that these are trademarks of Demographic Technologies, Inc. Product Ownership Ail rights, title, and interest in the products produced by DTI under the terms and conditions of the Master Service Agreement shall remain the sole property of DTI. The Fridley HR& the Joint Task Force, the City of Fridley and the City of Columbia Heights, individually or collectively, shall not disclose or make available, in whole or in part, such products to any party, except as specified herein, without the consent of DTI. The Fridley HRA and the Joint Task Force acknowledges that DTI, the Fridley I-IRA and the Joint Task Force have an interest in prohibiting unauthorized access to the DTI products produced for the Joint TaSk Force by DTI. DTI agrees to provide exclusive access to the DTI Demographic Data Products (including both hardcopy and digital data) produced under this Master Service Agreement to the Fridley HRA, the City of Fridley and the City of Columbia Heights. DTI agrees to not share these Demographic Data Products outside of these three organizations without the written approval of the funding organizations. The Fridley HRA grants to DTI its approval to utilize portions the Demographic Data Products for marketing and demonstration purposes, as long as the materials are limited to content that abbreviates or simply t:eviews said information. The Fridley HR& the Joint Task Force, the City of Fridley and the City of Columbia Heights may share any of the hardcopy DTI Demographic Data Products produced by DTI with other parties without requesting permission of DTI. However, parties receiving these products must agree in writing to display all the above-stated acknowledgements associated with these products when they are used alone or are incorporated into other reports or documents. Fridley must forward said writing to DTI's attention within a reasonable time period from date of receipt. Sharing of any digital data (in database, table, ArcView Shape Files, charts, other graphic, application, or electronic form) by the Fridley I-IRA, the Joint Task Force, the City of Fridley or the City of Columbia Heights shall be permitted if licensed through DTI. The license shall state clearly that the user or licensee agrees to be bound by the following terms and conditions: A. The User will not make unauthorized copies of the digital DTI Demographic Data Products; B. The User will not sell, disclose, or otherwise make said products produced by DTI available to others; The User will take all necessary and responsible steps to ensure that the DTI Demographic Data Products are not disclosed, duplicated, or made accessible in whole or in part for the use of others and will prevent unauthorized disclosure by taking appropriate security measures including, but not limited to, providing physical security for copies of the products produced by DTI and take all steps DTI requires to protect information, data, or other tangible and intangible property of its own that DTI, the Fridley HRA and the Joint Task Force regard as proprietary or confidential; The User will not use the DTI. products except in furtherance of Joint Task Force business or organizational activities~ or service agreements and/or contracts entered into with DTI, and The User will in no way attempt to use the DTI products to produce disaggregated counts or compile data for product(s) intended to compete with the DTI Demographic Data Product. DTI shall retain all ownership rights and control of' all proprietary applications, procedures and processes either created by DTI or accessed through third party license agreements or through subcontractor, subsidiary and/or partnership arrangements and used by DTI to produce Joint Task Force products. All source data pertaining to individuals or households, used in producing the DTI Demographic Data Products, are protected either by separate confidentiality and non- disclosure agreements or provisions of'the Minnesota Data Practices Act. None of these data sets will be released or shared by DTI with Fridley, the Joint Task Force or any other party. IN WITNESS WREREOF, the parties hereto have executed this Master Service Agreement on the date(s) indicated below, the Fridley Housing. & Redevelopment Authority by executing this Master Service Agreement does so on its own behalf and for the City of Columbia Heights as a member of' the Joint Task Force referenced herein. DEMOGRAPHIC TECHNOLOGIES, INC. Title: Date: FRIDLEY HOUSING REDEVF, LOPMENT ~IS~HORITY Title: ~j~_.F.~_..,, ~-t~'-~ Date: (~.L~'Z;z.-c~ 7 MEMORANDUM OF UNDERSTANDING EXHr~IT I (To Be Drafted) EXIqIBIT II SCOPE OF SERVICES Contract Services By Demographic Technologies, Inc. DELIVERABLES Demographic Technologies, Inc. (DTI) will deliver the following data and consulting services to the Joint Task Force of Columbia Heights and Fridley: Phase I: DTI Demographic Data Set (Year 2000 Profiles) DTI will deliver a digital, GIS-compatible data file containing socioeconomic profiles of all residents living in the ciries of Fridley and Columbia Heights as of the contract date. The intent will be to provide critical data for lase by the Joint Task Force in constructing development and land use strategies related to the new Medtronics campus development. The form of the data will be modeled after a successful data set produced in 1999 (and updated in 2000) for the North Metro I35W Corridor Coalition. A layout of the current I35W Coalition's data set is attached for reference. Opportunity will be provided to the Joint Task Force, early in the process, to add other data fields or data ranges based on the Joint Task Force's needs. The socioeconomic profiles are estimates created, through a proprietary process, from government and school district administrative data sets maintained at the state, county and local levels. Joint Task Force members will be asked to help expedite our access to these core data sets. These profiles will be built at a household level and then summarized in small blocks of three to five households called iBlocksTM. Multi-family developments of three or more households will be structured as individual iBlocksTM. This will enable current demographic & residential land use patterns to be identified and analyzed. One of the strengths of this approach is that these small data blocks can then be combined to precisely fit any planning or study area, school attendance area, census boundary, district, TAZ, or development study area. The iBlockTM aggregations will be built as an overlay on the GIS parcel base developed by Anoka County and maintained by PlanSightL~c for the two cities. This GIS link to the physical land use and housing data maintained by the County permits the socioeconomic data to be related directly to any or all land use or housing options the Joint Task Force may be interested in considering. Phase H: Consulting In Socioeconomic Applications In line with work currently being provided to the I35W Corridor Coalition, DTI will provide a series of five-, ten-, fffieen-, and twenty-year demographic forecasts based on the iBlockTM data. These forecasts will be built on a Census Block Group basis (equating to roughly 300 to 400 households each). A set of forecasts will be produced that assume no land use changes followed by other sets that assume different development scenarios EXHIBIT II identified by the Joint Task Force. These scenarios are likely to require additional iBlockm data crosstabs as well as other development data from the Joint Task Force. In anticipation of this information being used by the Joint Task Force's land use and marketing consultants, DTI proposes to team up with PlanSightLLC to package a series of maps, applications and custom data sets that will permit the task force and consultants to more effectively integrate the data into their planning models. .The following are two examples of possible applications and custom data sets developed during Phase II. (DTI will work with the Joint Task Force and its consultants to define the most useful applications and data sets.) A profile of Medtronics' employees currently living in the project area. This is critical in assessing employment growth implications, travel and transit needs, and other related economic development needs. The project would include the follow steps: a. b. C. d. Match an employee list from Medtronics with the iBlockm profiles, Assign household demographic attributes to Medtronic workers, Map the lOcation and likely travel patterns of these employees, and Compare and contrast these profiles and patterns against the demographics of all residents in the area. Analysis of the impacts of housing affordability and turnover on the area's worlcforce and school enrollment. This project would help the group see how current housing issues will shape community, school and worlcforce characteristics over the next five to ten years. a. Produce a series ofiBlock tables comparing and contrasting residents in affordable housing from those in non-affordable housing. Of particular interest will be turnover patterns by age of head-of-household and forecast changes based on trends from 1990 to the present. (For similar work in the I35W Corridor we are using a $120,000 tax value as the affordability break point. You may wish to use other or additional breaks.) b. Map areas of the community likely to see significant changes in workforce and school enrollment due to an aging population, rapid turnover, or new development/redevelopment projects. c. Provide tables and data sets for use by land use and marketing consultants. Phase IH: Current Business Profiles DTI will work with the Joint Task Force to petition the Minnesota Department of Economic Security for access to their ES-202 data file. This file contains a current listing of all area businesses that are making employer contributions to the Social Security System. The file contains business names, addresses, business type codes, number of "covered" employees, and wages paid in the previous quarter. This is a restricted file (not considered public data) that will need to be summarized and protected in a fashion similar to the residential profile data. Permission to use this file EXtO~IT II has recently been received by the I35W Corridor Coalition and DTI will be in charge of processing this file for use in GIS and in conjunction with the socioeconomic data set. Assuming that the Joint Task Force will wish to pursue this data file and is successful in acquiring it, a portion of DTI's contract consulting hours (from Phases II and IV) will be redirected to support this data development initiative. Phase IV: DTI Demographic Data Update (Year 2001) DTI will deliver one update to the combined Fridley/Columbia Heights socioeconomic data set in 2001. Addition consulting will be provided to assist the Joint Task Force in identifying critical demographic changes underway in both communities and their implications from a residential redevelopment and jobs perspective. The specifics of this consulting will be determined in conjunction with the Joint Task Force. TIMETABLE AND COSTS AH four phases in this contract will be completed by June 30, 2001. The Phase I socioeconomic data set will be delivered no later than four months at~er start of the contract and at~er receipt of the city and school core databases. A target date of November 30, 2000 has been identified. The project will be completed at a fixed cost of $43,900. This cost includes a maximum of 175 hours of consulting support over the length of the contract. Consulting hours will be reported as part of monthly invoices submitted to the Fridley Housing and Redevelopment Authority (the fiscal agent for the Joint Task Force members). Included in consulting hours will be requested attendance at Joint Task Force, Technical Advisory Group, or other related city meetings. Additional consulting hours, if needed, will be available at a billing rate of $80 per hour. EXI-H IT II IBIockTM Socioeconomic Data Fields (Preliminary) Demographic Technologies, Inc. The following data fields are currently being developed as part of the North Metro 1-35W Comdor Coalition's Year 2000 socioeconomic database update contract. Geoeraphic Identifier (9) - These arc identifiers, found on each sununary profile, permitting finks to other data sources and simple aggregations to standard planning geographies. · IBlockTM ID · School Attendance Areas ID · County ID * 1990 Census Tract ID · Municipality ID * 1990 Census Block Group ID · Planning District ID · 1990 Census Block ID · ScheoI District ID · TAZ ID 2. Population Characteristics - The following fields describe the characteristics of individuals residing in each Insight Block summary area. Total Population (1) - Current year count of all persons living in residential dwellings Ages of Pooulation (20) - Current year count of persons by standard age ranges Under age 3 o 45 to 49 years old 0 o 3 to 4 years old o 50 to 54 years old o $ to 9 years old o 55 to 59 years old o 10 to 14 years old o 60 to 61 years old o 15 to 19 years old o 62 to 64 years old o 20 to 24 years old o 65 to 69 years old o 25 to 29 years old o 70 to 74 years old o 30 to 34 years old o 75 to 79 years old o 35 to 39 years old o 80 to 84 years old o 40 to 44 years old o 85 years or older Additional Age Groupings (23) - Special age aggregations o 5 years or younger o 35 to 54 years old o 12 years or younger o 35 to 54 years old o 18 years or younger o 35 to 64 years old o 13 to 18 years old o 45 to 64 years old o 25 to 34 years old o 18 year or older o 35 to 44 years old o 25 years or older o 45 to 54 years old o 35 years or older o 55 to 64 years old o 45 years or older o 65 to 74 years old o 55 years or older o . 25 to 44 years old o 65 years or older o 25 to 54 years old o 75 years or older o 25 to 64 years old · Average Age of Population (I) - Current year average population age 5 EXIflBIT II Population Planning Segments (I0) - Current year count of persons by planning segment. o Young child (age 0-3) o Middle Adult (age 28-44) o Middle child (age 4-7) o Older Adult (age 45-64) o Older child (age 8-11) o Active Senior (age 65-69) o Adolescent (age 12-15) o Middle Senior (age 70-79) o Young Adult (age 16-27) o Elderly Semor (age 80 or older) Recreation, Access and3,lobiliOl Planning Segments (4) - Current year count of persons by special recreation, access and mobility planning segments o Child (Under age 8) o Adult (age 16 to 79) o Youth (age 8 to 15) o Elderly (age 80 or01der) Household Characteristics - thc following fields describe the characteristics of households living in residential dwellings. · TotalHouseholds(l)-Currentye~rcountofallresidenthouseholds Head-of-househoMAges (7) - Current year count of householder ages by age range o Under age 25 o 55 to 64 years old o 25 to 34 years old o 65 to 74 years old o 35 to 44 years old o 75 years or older o 45 to 54 years old Additional Head-of-household Ages (10) - Special aggregations o 34 years or younger o 25 years or older o '44 years or younger o 35 years or older o 54 years or younger o 45 years or older o 64 years or younger o 55 years or older o 74 years or younger o 65 years or older Averas~e A~e of Householder (1) - Current year average householder age Size of HousehoM (4) - Current year count by number of persons in each household o One person o Three persons o Two persons o Four or more persons Type of HousehoM (9) - Current year count by composition of household o One Adult Only o Emended Family (w/Child) o Two Adults Oniy o One Senior Only o Three + Adults Only o Two Seniors Only o One Parent (w/Child) o Adult/Senior (no Child) o Two Parents (w/Child) Additional HousehoM Type Rollups (3) - Aggregations of p~rious household types o Adult Only Households o Senior-based Households o .Households w/Children 6 EXHIBIT II 4. Hou~ine Characteristics - The following fields describe the housing of residents. Type of D~elling (10) - Current year count by type of dwelling (Ramsey Co.) Condominium o Duplex Apartment - garden o Triplex Apartment - walkup o Double Apartment - elevator o Townhome Mobile home o Commercial apartment Single family - detached · Type of Occupancy (2) - Current year count by owner and renter occupancy. o Owner-occupied o Renter-occupied Assessed Value of Homes (12) - Current year count (owner-occupied dwellings) o Less than $50,000 o o $50,000 to $74,999 o o $75,000 to $99,999 o o $100,000 to $124,999 o o $125,000t05149,999 o o $150,000 tO $174,999 o by total property t~x valuation $175,000m$199,999 $200,000to$249,999 $250,000to$299,999 $300,000to$399,999 $400,000 ~ $499,999 $500,000 or more Additional Home Value Ranges (18) - Current year (owner-occupied dwellings) o Less than $75,000 o o Less than $100,000 o o Less than $125,000 o o Less than $150,000 o o Lens than $175,000 o o Less than $200,000 o o Less than $250,000 o o $50,000 to $99,999 o o $100,000 to $149,999 o count by total property tax valuation $150,000 to $199,999 $200,000 to $249,999 $50,000 or more $75,000 or more $100,000 or more $125,000 or more $150,000 or more $200,000 or more $250,000 or more Age of Owner-Occupied Housing (9) - Count by year owner-occupied home was built. o Built 1997 to 1999 o Built 1960 to 1969 o Built 1995 to 1996 o Built 1950 to 1959 o Built 1990 to 1994 o Built before 1950 o Built 1980 to 1989 o Unknown build date o Built 1970 to 1979 Home Sales - 5 Years (2) - Number and value of owner-occupied homes sales in past 5 years (includes most recent sale only) o Number of Sales o Aggregate Sales (Dollars) Occupancy Characteristics - The following fields describe the turnover and tenure of households living in residential dwellings. Turnover Rate (2) - Average annual turnover in households based on 5-year history for owner-occupied dwellings and 2 years for renter-occupied dwellings. o Turnover- Owner-occupied o Turnover- Renter-occupied Length ofTime atAddress (9) - Count by years at address from home sales and utility billing data (owner-occupied residents only) 7 EXH IT II o Less than Two Years o Sik Years o Two Years o Seven Years o Three Years o Eight Years o Four Years o Nine Years or Longer o Five Years o Unknown Tenure Special Data Compilation~ The basic iBlock~'~ data set will be compiled into special summary data sets to facilitate planning and analysis uses. Each set will carry the data fields outlined above and can be aggregated to fit any defined geographic area. Each set will address a different segment or characteristic of the population base to facilitate various analysis needs. The following is a list of potential sununary level reports: I. All residents and households 2. Residents in owner-occupied dwellings 3. Residents in renter-occupied dwellings 4. Residents in non-senior households without children present 5. Residents in non-senior households with children present 6. Residents in senior-based households 7. Residents in single-person, non-senior households 8. Residents in single-person, senior households 9. Residents living in single family, duplex or triplex housing 10. Residents living in apartments 11. Residents living in townhouses 12. Residents living in condominiums 13. Residents living in mobile homes 14. Residents in owner-occupied homes valued at less than $75.000 15. Residents in owner-occupied homes valued at $75,000 to $99.999. 16. Residents in owner-occupied homes valued at $100,000 to $124.999 17. Residents in owner-occupied homes valued at $125,000 to $1491999 18. Residents in owner-occupied homes valued at $150,000 or more 19. Residents who have lived in their owner-occupied homes less than 5 years 20. Residents who have lived in their owner-occupied homes five years or longer 2 I. Residents who have lived in their renter-occupied homes less ~]mn 2 years 22. Residents who have lived in their renter-occupied homes 2 years or longer Creative Solutions for Laud Planning and Design September ! 1, 2000 Hoisington Koegler Group Inc. i'n-i i ln Ms. Barbara Dacy Community Development Director City of Fridley 6431 University Avenue NE ,Fridley, MN 55432 Re: Contract Proposal for Medtronic Analysis Dear Ms. Dacy This letter outlines a Scope of Services, Fee Schedule and other elements which together constitute an agreement with the City of Fridley Housing and Redevelopment Agency, hereinafter referred to as the HRA, and Hoisington Koegler Group Inc., hereinafter referred to as the CONSULTANT for professional planning services authorized to assist the Cities in analyzing the impacts and opportunities resulting from the construction of Medtronic's new corporate headquarters, hereinafter referred to as the PROJECT. The CITY and CONSULTANT agree as set forth below: A. Work Program - Basic Services See Attachment A - "Work Program" Be SCOPE OF ADDITIONAL SERVICES The following services have not been requested by the HRA but are available, upon authorization, from the CONSULTANT. 1. Meetings in addition to those specified in Basic Services. 2. Additional services not specified herein. C. FEES FOR PROFESSIONAL SERVICES 'The HRA agrees to pay the CONSULTANT for services rendered as follows: For the CONSULTANT'S Basic Services described in Paragraph A above, a fee based on the CONSLUTANT'S current hourly rate schedule (see Attachment B) not to exceed Fifty-Four Thousand, Five Hundred Dollars ($54,500.00). 2. For the CONSULTANT'S Additional Services described in Paragraph B, a fee based On the CONSULTANT'S current hourly rate schedule plus incidental expenses or a negotiated fee. 3. Statements will be submitted to the City on a monthly basis as work is completed and shall be payable within 30 days in accordance with this Agreement. 123 North Third Street, Suite 100, Minneapolis, MN 55401-1659 Ph (612) 338-0800 Fx (612) 338-6838 The CONSULTANT reserves the right to suspend services if the HRA is delinquent in making payments in accordance with this Agreement. The CONSULTANT acknowledges that the I-IRA is collecting funds from other jurisdictions to assist in the payment of the contract. lIRA'S RESPONSIBILITY · The HRA shall be responsible for the folloxving: 1. The assembly of background information including, but not limited to: A. GIS information available from PlanSight and Demographic Technologies, Inc. B. Other available base map and inventory data. C. Aerial Photography D. Utility Information 2. Mailing lists, printing, postage and the mailing of invitations for public meetings. 3. Arrangements for public meetings. 4. Reproduction of all interim reports for distribution to the Task Force and TAC. Eo COMPLETION SCHEDULE The services of the CONSULTANT will begin upon City Council approval and will, absent of causes beyond the control of the CONSULTANT, be completed by March 1, 2001. F. NONDISCRIMINATION The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for emploYment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. G.' EQUAL OPPORTUNITY During the performance of this Contract, the CONSULTANT, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT shall post in conspicuous places available to employees and applicants for employment notices to be provided by the Government setting forth the Medtronic Analysis Fridley HRA Page 2 provisions of this nondiscrimination clause. The CONSULTANT shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The CONSULTANT shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. H. TERM~ TERMINATION~ SUCCESSORS AND/OR ASSIGNS The Term of this Agreement shall be concurrent with the work authorized and shall be in accordance with the schedule to be established between the HRA and the CONSULTANT. 2. Either party may terminate this Agreement by written notice to the other party at its address by certified mail at least ten (10) days prior to the date of termination. 3. Neither the HRA nor the CONSULTANT shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. 4. The time schedule shall not apply and/or time extensions will be allowed for any circumstances beyond the control of the CONSULTANT. 5. This Agreement shall be governed by all applicable laws. 6. Upon termination, Consultant shall be entitled to fees earned through the effective date of termination. DISPUTES In the event the HRA and CONSULTANT are unable to reach agreement under the terms of this contract, disputes shall be resolved using alternative dispute resolution (ADR). REVOCATION If this agreement is not signed and accepted by both parties within 90 days of the contract date, it shall become null and void. Medtronic Analy$i~ Fridley HRA Page $ ATTACHMENT A - "WORK PROGRAM" The construction of the new Medtronic Corporate Headquarters presents an unprecedented opportunity for the cities of Fridley and Columbia Heights. The HKGi Project Team's work program has been designed to analyze and provide recommendations on the land use, market and financial implications of this major new development. Beyond simply understanding the likely impacts of this project, this work program is focused on providing both communities with tools that can be used to plan for change. The construction of Medtronic will facilitate change. How can Columbia Heights and Fridley, both individually and cooperatively, use this opportunity for change, to advance identified goals? Advancing community goals assumes that some direction has been or will be established. Both Columbia Heights and Fridley have recently updated, their comprehensive plans. Both plans focus on community improvement and contain a variety of goal-oriented elements that can be used as a partial basis for the Medtronic analysis. This information needs to be supplemented by direct community input that specifically considers and reacts to the opportunities that Medtronic presents. Therefore, the work program includes public participation elements to gain an understanding of community interest and priorities and to help establish future directions. The work program is based on our understanding of the project to date. It includes four major components that are intended to build a level of common understanding, examine existing and future directions, analyze what it all means and then establish priorities and create an implementation framework. While our current understanding is the basis for this proposal, it can be modified through input from the Task Force and TAC as the process unfolds to ensure that we address the needs and interests of both communities. 1.0 Understand existing conditions... During this initial part of the process, the HKGi team will begin to understand the project area and the details of the new Medtronic facility. We will work with the identified GIS consultants to assemble the appropriate base maps and materials including both demographic and land use information. The team will review development plans as well as other plans, demographic studies, market studies and other sources of information that may be of value in a background assessment. This portion of the work will include the following tasks: 1.1 Investigate the forces that influence the planning area including natural forces (topography); man-made forces (traffic patterns, utilities, other exiting and planned developments); community forces (history, elements of local culture, general safety concerns, relationship with other community features); market forces (conditions of housing and commercial uses); financial forces (the resources that ultimately might be used for implementation) and other influences (views, special features, etc.) 1.2 Assess the project area in terms of image and identity, seeking opportunities to capitalize on elements that are meaningful to both communities and noting areas that currently detract from positive images. - 1 of 7- 2.0 1.3 Obtain information related to utilities and other infrastructure to determine constraints posed by those facilities. 1.4 Collect and review information to build an understanding of the Medtronic business structure. This task set is intended to provide an understanding of Medtronic's business practices and patterns. In gaining the necessary understanding, the HKGi Team will interview Medtronic officials and employees, tour Medtronic facilities and the expansion site, and review relevant corporate literature. Key issues for investigation will involve Medtronic's: · Clientele · Suppliers · Service providers · Employees- compensation, profiles, etc. · Operations and requirements at existing locations · Problems and needed improvements · Operations and requirements at proposed expansions The team will investigate the existing linkages between Medtronic and their major existing supplier and support service providers in terms of the types of firms and services provided, the scale of services and supplies provided, their geographic distribution, and any requirements for proximity to existing facilities. We will also analyze the Medtronic workforce by type of employment, demographic characteristics and geographic distribution within the region. This analysis will involve collection of information from the company, as well as surveys and interviews with Medtronic representatives and officials. Through interviews and data collection, we will also' seek to understand anticipated future employment requirements by types of jobs, as well as the anticipated off-site supply and support service requirements that are likely generated by the projected expansion and the proximity requirements and geographic linkages, if any. For example, will additional or new suppliers be required to service the headquarters needs and are there specific site location requirements? Will off-site hotel accommodations be required to accommodate the anticipated visitor population and if so, what would be the likely demand for room nights? 1.5 Present the results of the understanding of existing conditions at a Task Force meeting in the form of text and graphics. The presentation will include information on existing demographics and future demographic trends for both communities with specific correlation to their relationship to the Medtronic development and opportunities that it may pose. Deliverables: · Base maps of the project area as compiled by GIS consultants · Summary of existing conditions and project influences Determine/verify city directions... -2of7- At this stage in the process, HKGi will begin to involve the communities in determining or verifying desired community directions. We will work with the TAC and Task Force to create an appropriate process for participation in workshops, a process likely to be structured in a manner that presents "break out" sessions for each community and a general session with combined representation. Workshop One will allow participants direct input. The workshop will use a variety of techniques to discuss issues and desires for the character and direction appropriate for each community. It will be used as a forum to critique existing goals, policies, directions and identity elements found in existing comprehensive plans and other statements of public policy. At this stage, participants will be providing a foundation that will help shape eventual priorities and implementation recommendations. Participants will also gain insight into the issues and opportunities that the communities will face as a result of the Medtronic expansion. Ultimately, this part of the process will result in a statement of direction and identity for both communities. These will be used as tools to direct the analysis and recommendations process. Specific tasks include: 2.1 Work with the TAC to advertise the workshop and to invite participants. 2.2 Conduct Workshop One with interested business interests and residents and summarize the results. 2.3 2.4 Meet individually with key stakeholders to gain confidential insight into plans and concerns. Key stakeholders will be identified with the assistance of the TAC and are likely to include property owners, business owners, neighborhood activists, civic leaders and others. Meetings with up to 12 key stakeholder-,/are included in this task. : Meet with ~he TAC to review input and clarify issues. 2.5 Draft a statement of direction and desired image for review by the TAC and Task Force. Deliverables: · Summary of Workshop One, including statements of community direction and desired image · Summary of meetings with key stakeholders 3.0 Analyze what it means... Analyzing the impacts of Medtronic will require a thorough understanding of Columbia Heights and Fridley's economic profiles, recent trends, development potential, infrastructure and potential future land use patterns. The land use and infrastructure components of the analysis will need to focus on possible future uses and their specific .physical site requirements and required regulatory frameworks. The economic and development components of the analysis will require an understanding of the underlying market conditions that drive, constrain or otherwise shape the rate and character of community economic growth. The foundations of this analysis involve: (1) the community's demographic trends and characteristics, which define the community's labor force and its market for goods and services; (2) the community's economic base, which influences its growth prospects and its -3of7- 3.2 3.3 demand for commercial goods and services; and (3) the community's quality of life amenities and overall character, which influence its ability to attract new residents and businesses. 3.1 Assess economic conditions including market trends and demographic analysis. Initial steps in this task will involve reviews of existing literature and interviews with key figures such as public officials, real estate brokers, developers, property managers, etc. Bonz/REA will then focus on demographic data provided through the communities by Demographic Technologies, Inc., employment and industry data, and other data relating to real estate market conditions. Specific areas for examination include without limitation: · Population and population growth/change · Work force profiles · Employment trends and projections, by industry sector · Historical niches in Twin Cities metropolitan area · Fiscal/tax structures · Infrastructure and amenities · Other business advantages and disadvantages · Perceptions and images · Real estate development trends · Real estate market conditions (lease rates, tenant profiles, vacancy rates, etc.) · Key differences between Fridley and Columbia Heights These analyses will provide a basis for evaluating the potential impact and opportunities likely to arise from Medtronic's expansion. Conduct case studies. The purpose of this task is to gain insight from the experiences of other major developments, expansions, or relocations involving 3,000 or more new employees in comparable industry groups. Bonz/REA wi:Il identify communities similar to Fridley and/or Columbia Heights that have faced comparable situations. Such case studies will be drawn from metropolitan areas throughout the nation as well as from the Twin Cities. After selecting communities with relevant comparable experiences, Bonz/REA will conduct research and analysis to identify the key direct and indirect impacts, issues, and public measures that contributed to subsequent economic development successes or failures. Assess development impacts and areas of economic potential. Based on the analyses identified in tasks 3.1 and 3.2, Bonz/REA will set forth the likely direct and indirect impacts of the Medtronic expansion. Many of these impacts will be potential impacts, contingent upon anticipated events and/or public measures. Accordingly, the impact analysis will not seek to forecast precise impacts, but will identify areas of potential and the likely contingencies associated with each. Specific types of impacts and potential will involve new businesses and employment, new commercial development potential, new residential development patterns and potential, fiscal issues, etc. Among its specific tasks, Bonz/REA will: Forecast growth trends with and without Medtronic expansion; Identify key influences (commuter rail, new improvements/amenities) affecting various growth scenarios; -4of7- · Identify opportunities for new businesses involved linked with Medtronic (suppliers, service providers, clientele), and the preferred site characteristics for these types of businesses; · Forecast opportunities for various types of residential development, and identify likely home buyer profiles and targeted forms and locations for development; · Forecast likely opportunities for new commercial and industrial development opportunities. Such opportunities may involve lodging facilities and new types retail and office tenants. The Bonz/REA forecasts will identify likely tenant profiles, preferred site characteristics and other key issues; · Identify likely constraints to various types of desirable growth. 3.4 Assemble future use profiles. Task 3.3 will result in the identification of a number of new businesses and housing types that may result from the construction of the new Medtronic facility. This task will define a "profile" for each of these uses identifying required site characteristics such as site size, appropriate access, visibility~ etc. The profiles will also examine the physical characteristics of such uses and determine their compatibility with existing zoning and land use regulations for both communities. Where potential uses do not fit within existing regulatory frameworks, required modifications will be noted. Additionally, strategies and standards to prevent incompatible or undesirable land uses will be identified. 3.5 Assess transportation impacts of future development potentials. Examine transportation issues resulting from possible future development with a focus on roadways, walkways, bikeways and transit. Transit impact will include both bus transit and the proposed Northstar Commuter Rail Line that has a station stop in the city of Fridley. 3.6 3.7 Analyze potential image enhancements. Based on the direction established in work task 2, assess future potential uses in terms of their ability to support desired community directions and images. Analyze the general fiscal impacts of the Medtronic facility and potential "spin-off' developments. Examine the relationship between the development of Medtronic and related facilities and general impacts on community services. Impacts will focus on maintenance and public safety costs including law enforcement and fire protection services. 3.8 Present the project analysis results at a Task Force meeting in the form of text and graphics. Deliverables: · A "synopsis" report containing documentation of the analysis component of the project 4.0. Establish priorities and define an implementation framework... Columbia Heights and Fridley have stated that the recommendations that are derived from this effort should be general in nature and not site-specific land use recommendations. General recommendations, however, will need to. be prioritized. Furthermore, if both communities are going to gain a working tool from this effort, an implementation framework needs to be defined to provide direction for follow-up activities. This element of the work will clearly identify the opportunities, priorities and goals that will drive the implementation strategy. Recommendations will be stipulated in five-year increments over a 20-year planning horizon. This task will also include public Workshop Two, which will be used as a forum to present the findings of the effort to the general public and to solicit their ideas and input. Information to be presented will -5of7- include the results of the established direction, the analysis phase, and preliminary implementation strategies. Tasks associated with priorities and implementation include: 4.1 Establish recommended redevelopment priorities. Based on the outcome of the market analysis, the determined direction and desired images, the HKGi team will formulate recommended redevelopment priorities. Priorities will be categorized into five-year segments for implementation. 4.2 Formulate an implementation strategy. This task sets forth the basic plan for Fridley and Columbia Heights in seeking to maximize the opportunities arising from the Medtronic expansion. Our analysis will focus on development assets and constraints and the necessary measures required to optimize the communities' respective - and joint - positions. Strategic measures may include recommendations for: ' New infrastructure and public improvements; · Regulatory changes; · Tax provisions; · New or revised organizational structures; · Marketing initiatives; · Intergovernmental agreements, public/private ventures; and · Other such measures. 4.3 Meet with the Task Force and TAC to review recommended priorities and implementation strategies. Revise based upon input received. 4.4 Conduct public Workshop Two to present information to the general public and to solicit further input. 4.5 Meet with the Task Force and TAC to review the results of Workshop Two and Tasks 3 and 4. 4.6 Prepare 50 bound, color copies of the final report. Deliverables: · Summary of Workshop Two · Final Report Staff Involvement HKGi is aware of the 'current workloads of both Fridley and Columbia Heights' staff members. Accordingly, the work program identified in this proposal does not assume any major staff involvement. Required staff participation will focus on assembly and coordination of information to be supplied by the GIS consultants. With the approval of city staff, HKGi can also work directly with both PlanSight and Digital Technologies, Inc. to coordinate required data. -6of7- Value Added Services The basic work program included in this proposal is focused on using a set of specific assumptions and sound methodologies to create an analysis for the cities of Columbia Heights and Fridley that can be used for future redevelopment planning. The outcome of this process may also serve as a foundation for more detailed future efforts that may follow. Accordingly, this proposal is comprehensive and does not contain a long list of value added services. The one area where value added services may be warranted involves the fiscal impact analysis. Fiscal impact analyses can involve a wide range of assumptions and efforts. The basic services portion of this work program is focused on providing the cities with a general assessment of fiscal impacts of various redevelopment scenarios. As the project progresses, it may be appropriate to examine whether an additional assessment of fiscal impacts is warranted. If it is determined to be appropriate, the HKGi team will work with both communities to define a scope for such an effort and to determine resulting costs. -7of7- ATTACHMENT B 2000 HOURLY RATES HOISINGTON KOEGLER GROUP INC. Senior Principal .............................................. $90-135/hr Principal ......................................... , ................. $80-95/hr Professional II .................................................. $60-75/hr Professional I ................................................... $45-55/hr Technical ............................ : ............................. $35-50/hr Secretarial ............................................................. $40/hr Testimony ........................................................... $150/hr BONZ/REA, INC. Richard Bonz, CRE ............................................. $200/hr Richard Paik, Senior Associate ........................... $100/hr Associates ........................................................ $60-85/hr Research Staff .................................................. $30-50/hr Average blended billing rate for typical consulting assignments $100-$125 per hour EHLERS & ASSOCIATES Rusty Fifield ........................................................ $125/hr INCIDENTAL EXPENSES Mileage ............................................................. 32C/mile Photocopying .................................................... 15C/page Outside Printing ............................................ Actual Cost Diazo Printing ............................................... Actual Cost Draft Plots ...................................................... $5.00 each Vellum Plots ................................................. $10.00 each Color Plots ................................................... $20.00 each